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#1 05-15-2008 08:33 PM

JRoyC07
In disgusted awe
From: NH
Registered: 03-03-2008
Posts: 147
Karma: 14

Gay Marriage Legal in Cali

article wrote:

A sharply divided California Supreme Court today legalized same-sex marriage, a historic ruling that will allow gay and lesbian couples across the state to wed as soon as next month and inflame the social, political and moral debate over gay unions.
In a 4-3 ruling written by Chief Justice Ronald George, the Supreme Court struck down California laws that restrict marriage to heterosexual couples, finding that it is unconstitutional to deprive gays and lesbians of the equal right to walk down the aisle with a marriage license in hand.

I'm glad.

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#2 05-15-2008 08:38 PM

zukiphile
Grim counsellor
Registered: 08-08-2003
Posts: 10324
Karma: 941

Re: Gay Marriage Legal in Cali

I've not read the decision.  Did they strike down the ban, or legalize it?  Or are they using those ideas interchangably?


"Atheism - the religion devoted to the worship of one's own smug sense of superiority."   - Stephen Colbert

I may be wrong, and it's not important to me if I am.  - Unka Bart

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#3 05-15-2008 08:45 PM

2.FOH.
NPB's Sandman
From: the Iraq such as Africa
Registered: 07-25-2003
Posts: 9933
Karma: 763

Re: Gay Marriage Legal in Cali

It appears they struck down the ban.


"Dude, I'm Asian and Jewish.  The only
horse I'm hung like is My Little Pony." ~ 4nonymous

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#4 05-15-2008 08:45 PM

maxor
Administrator
From: AZ
Registered: 04-19-1983
Posts: 7657
Karma: 2312

Re: Gay Marriage Legal in Cali

I think They stuck down the ban... but if there are enough signatures (which is seems there are) it's going on the ballet in November to be decided by voters. Everyone keeps using the word "legalize" which doesn't seem like the right word.

HotAir: http://hotair.com/archives/2008/05/15/b … -marriage/

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#5 05-15-2008 08:57 PM

zukiphile
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Registered: 08-08-2003
Posts: 10324
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Re: Gay Marriage Legal in Cali

chiscot wrote:

zukiphile wrote:

I've not read the decision.  Did they strike down the ban, or legalize it?  Or are they using those ideas interchangably?

http://bench.nationalreview.com/post/?q … U0NWQ3NTY=

172 pages?  Ouch.

I believe Nak was a proponent of of civil unions.  This is the sort of opinion that I anticipated making that political compromise unworkable.

The issue generally is not about any actual individual rights to do anything specific.  According to the summary, CA homosexuals had SSM in all but name.  For its advocates the issue is the use of the leverage of the state power force people to treat homosexuality as normal.


"Atheism - the religion devoted to the worship of one's own smug sense of superiority."   - Stephen Colbert

I may be wrong, and it's not important to me if I am.  - Unka Bart

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#6 05-15-2008 09:05 PM

JRoyC07
In disgusted awe
From: NH
Registered: 03-03-2008
Posts: 147
Karma: 14

Re: Gay Marriage Legal in Cali

chiscot wrote:

Does that mean you're getting ready to shop for a ring?

No, I havent met that special someone yet.


zukiphile wrote:

For its advocates the issue is the use of the leverage of the state power force people to treat homosexuality as normal.

Who is being coerced by this ruling?

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#7 05-15-2008 09:07 PM

zukiphile
Grim counsellor
Registered: 08-08-2003
Posts: 10324
Karma: 941

Re: Gay Marriage Legal in Cali

JRoyC07 wrote:

chiscot wrote:

Does that mean you're getting ready to shop for a ring?

No, I havent met that special someone yet.


zukiphile wrote:

For its advocates the issue is the use of the leverage of the state power force people to treat homosexuality as normal.

Who is being coerced by this ruling?

The state of CA and in a less immediate sense, CA voters.


"Atheism - the religion devoted to the worship of one's own smug sense of superiority."   - Stephen Colbert

I may be wrong, and it's not important to me if I am.  - Unka Bart

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#8 05-15-2008 09:12 PM

JRoyC07
In disgusted awe
From: NH
Registered: 03-03-2008
Posts: 147
Karma: 14

Re: Gay Marriage Legal in Cali

zukiphile wrote:

The state of CA and in a less immediate sense, CA voters.

Coerced into what?

bench wrote:

“Nothing in our Constitution, express or implicit, compels the majority’s startling conclusion that the age-old understanding of marriage … is no longer valid.

That?

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#9 05-15-2008 09:14 PM

zukiphile
Grim counsellor
Registered: 08-08-2003
Posts: 10324
Karma: 941

Re: Gay Marriage Legal in Cali

JRoyC07 wrote:

zukiphile wrote:

The state of CA and in a less immediate sense, CA voters.

Coerced into what?

bench wrote:

“Nothing in our Constitution, express or implicit, compels the majority’s startling conclusion that the age-old understanding of marriage … is no longer valid.

That?

That CA voters are not permitted to determine what is and is not a marriage under the law.  They had spoken pretty clearly on this, as had MA voters.


"Atheism - the religion devoted to the worship of one's own smug sense of superiority."   - Stephen Colbert

I may be wrong, and it's not important to me if I am.  - Unka Bart

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#10 05-15-2008 09:21 PM

JRoyC07
In disgusted awe
From: NH
Registered: 03-03-2008
Posts: 147
Karma: 14

Re: Gay Marriage Legal in Cali

zukiphile wrote:

That CA voters are not permitted to determine what is and is not a marriage under the law.  They had spoken pretty clearly on this, as had MA voters.

Is your opposition solely on the grounds of voter representation with regard to the issue?

If so, would a majority vote in the affirmative change your mind? Or do you have other objections?

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#11 05-15-2008 09:25 PM

zukiphile
Grim counsellor
Registered: 08-08-2003
Posts: 10324
Karma: 941

Re: Gay Marriage Legal in Cali

JRoyC07 wrote:

zukiphile wrote:

That CA voters are not permitted to determine what is and is not a marriage under the law.  They had spoken pretty clearly on this, as had MA voters.

Is your opposition solely on the grounds of voter representation with regard to the issue?

If so, would a majority vote in the affirmative change your mind? Or do you have other objections?

Personally I have other objections to homosexual practice, but as a legal matter my only objection to SSM is where it is pressed on a population.  I don't think something becomes a consitutional right just because someone really really and truly wants it.  If SSM is a good idea, convincing people of that fact and having the persuasive nature of the position reflected in the representative political process is the much better, longer lasting and genuine solution.


"Atheism - the religion devoted to the worship of one's own smug sense of superiority."   - Stephen Colbert

I may be wrong, and it's not important to me if I am.  - Unka Bart

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#12 05-15-2008 09:25 PM

Crash6
I am Jack's Raging Bile Duct
From: Las Vegas, NV
Registered: 04-09-2004
Posts: 1242
Karma: 54

Re: Gay Marriage Legal in Cali

Striking down the ban.

Seems like they still haven't decided on a appropriate vocabulary though.


Life is a tragedy for those who feel, and a comedy for those who think.

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#13 05-15-2008 09:30 PM

Veritas
Just call me coitus
From: Tampa Bay -FLA, America's Wang
Registered: 09-05-2005
Posts: 2618
Karma: 50
Website

Re: Gay Marriage Legal in Cali

How much sooner will this bankrupt the social secruity system thus forcing us to pay more?

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#14 05-15-2008 09:32 PM

zukiphile
Grim counsellor
Registered: 08-08-2003
Posts: 10324
Karma: 941

Re: Gay Marriage Legal in Cali

Veritas wrote:

How much sooner will this bankrupt the social secruity system thus forcing us to pay more?

I don't believe that the SSA is required to recognise SSM for the purpose of benefit payment.


"Atheism - the religion devoted to the worship of one's own smug sense of superiority."   - Stephen Colbert

I may be wrong, and it's not important to me if I am.  - Unka Bart

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#15 05-15-2008 09:32 PM

JRoyC07
In disgusted awe
From: NH
Registered: 03-03-2008
Posts: 147
Karma: 14

Re: Gay Marriage Legal in Cali

zukiphile wrote:

If SSM is a good idea, convincing people of that fact and having the persuasive nature of the position reflected in the representative political process is the much better, longer lasting and genuine solution.

Very reasonable.

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#16 05-15-2008 09:36 PM

JRoyC07
In disgusted awe
From: NH
Registered: 03-03-2008
Posts: 147
Karma: 14

Re: Gay Marriage Legal in Cali

veritas wrote:

How much sooner will this bankrupt the social secruity system thus forcing us to pay more?

Golly, I had no idea homosexuals didnt pay into the social security system.

So they have no right to collect the same benefits.

I have soccer game I have to leave for now. I'm not abandoning this discussion.

Last edited by JRoyC07 (05-15-2008 09:38 PM)

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#17 05-15-2008 09:39 PM

2.FOH.
NPB's Sandman
From: the Iraq such as Africa
Registered: 07-25-2003
Posts: 9933
Karma: 763

Re: Gay Marriage Legal in Cali

If your spouse dies, you start receiving SS benefits.


"Dude, I'm Asian and Jewish.  The only
horse I'm hung like is My Little Pony." ~ 4nonymous

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#18 05-15-2008 09:40 PM

maxor
Administrator
From: AZ
Registered: 04-19-1983
Posts: 7657
Karma: 2312

Re: Gay Marriage Legal in Cali

2.DOH wrote:

If your spouse dies, you start receiving SS benefits.

May I subscribe to your newsletter?

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#19 05-15-2008 10:16 PM

VWVan
A Shit River Runs Through It
From: Kanada
Registered: 07-18-2003
Posts: 2580
Karma: 114

Re: Gay Marriage Legal in Cali

2.DOH wrote:

If your spouse dies, you start receiving SS benefits.

Do I get an Iron Cross as well?

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#20 05-15-2008 10:28 PM

MC Escher
IT Nerd
From: Buckeye Lake, OH
Registered: 06-21-2007
Posts: 1289
Karma: 1000103

Re: Gay Marriage Legal in Cali

zukiphile wrote:

I believe Nak was a proponent of of civil unions.

Actually, I'm a proponent of Same Sex Marriage.

I don't believe that we need civil unions in a constitutional sense because of the Equal Protection clause. In fact, agitating for civil unions is probably a mistake, because it presupposes that Heterosexual marriage already has a legally protected status.

There is nothing in the constitution that I can recall which protects or uniquely identifies Heterosexual marriage. Therefore Hetero marriage doesn't have any more constitutional significance or protection than Homo marriage. THEREFORE, if a Hetero couple can decide to form a union together and thereby gain special benefits under the law; a Homo couple should be able to do the same. In fact, any laws that states pass to protect so called "traditional" marriage is automatically unconstitutional at the moment it becomes law. This is because it functions to create a special protected class and by doing so it is exclusionary and prima facie in violation of the equal protection clause.

Any religious arguments are outside the scope of the law and therefore irrelevant.


.


The older I get; the better I feel about tearing up parking tickets and cheating on my taxes.

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#21 05-15-2008 10:40 PM

MC Escher
IT Nerd
From: Buckeye Lake, OH
Registered: 06-21-2007
Posts: 1289
Karma: 1000103

Re: Gay Marriage Legal in Cali

JRoyC07 wrote:

zukiphile wrote:

If SSM is a good idea, convincing people of that fact and having the persuasive nature of the position reflected in the representative political process is the much better, longer lasting and genuine solution.

Very reasonable.

And entirely useless.


Most people are idiots who believe whatever is presented to them in the most entertaining manner.

Please understand that you probably cannot underestimate what I mean by that.

If there are 300 million people in this country, you can pretty much count on 250m - 270m of them being idiots.

Most people are unaware of this for two reason:

1) They mistakenly believe that career competence is proof that a person is not an idiot.
2) They are themselves idiots.

My own dear Mother is an idiot. This is a woman who has a Masters degree, was a Biology Teacher for decades and spent the last few years of her career as a Guidance Counselor. Yet she's still an idiot.
My SISTER is actually dumb, but that's a different issue.


.


The older I get; the better I feel about tearing up parking tickets and cheating on my taxes.

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#22 05-15-2008 11:17 PM

zukiphile
Grim counsellor
Registered: 08-08-2003
Posts: 10324
Karma: 941

Re: Gay Marriage Legal in Cali

MC Escher wrote:

There is nothing in the constitution that I can recall which protects or uniquely identifies Heterosexual marriage. Therefore Hetero marriage doesn't have any more constitutional significance or protection than Homo marriage.

The first sentence is literally true, but does not require the conclusion of the second.  Loving v. Va referenced marrige as an essential right, though one subject to the state's police powers.  The police power is not unlimited: to be legitimate, the law must be rationally related to a conceivable legitimate state interest.


"Atheism - the religion devoted to the worship of one's own smug sense of superiority."   - Stephen Colbert

I may be wrong, and it's not important to me if I am.  - Unka Bart

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#23 05-16-2008 12:04 AM

dgm
Lovey, would you fetch me another coconut?
From: Dirty Jersey
Registered: 08-20-2003
Posts: 9641
Karma: 774

Re: Gay Marriage Legal in Cali

zukiphile wrote:

The police power is not unlimited: to be legitimate, the law must be rationally related to a conceivable legitimate state interest.

The oft-referenced "legitimate state interest" in marriage is that of furthering the population by creating a framework for spawning and raising children.

Unfortunately it seems as though birth rates are on the decline, without any help(?) from the existence of gay marriages.


Edited to add:

Oh God, another SSM thread. Here we fucking go again.

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#24 05-16-2008 12:45 AM

dgm
Lovey, would you fetch me another coconut?
From: Dirty Jersey
Registered: 08-20-2003
Posts: 9641
Karma: 774

Re: Gay Marriage Legal in Cali

chiscot wrote:

You don't have to look very far to see what happens when you have a culture where most kids grow up outside of wedlock and people have sex and children without committing to their partners. It's pretty sad.

This is why I find many arguments against gay marriage disingenuous. An overwhelming number of heteros haven't "taken responsibility" for the products of their marriages, so why do people think homos will make that worse, somehow?

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#25 05-16-2008 12:55 AM

MC Escher
IT Nerd
From: Buckeye Lake, OH
Registered: 06-21-2007
Posts: 1289
Karma: 1000103

Re: Gay Marriage Legal in Cali

chiscot wrote:

MC Escher wrote:

My own dear Mother is an idiot.

So it runs in the family. Makes sense.

no...
I'm adopted.


And by the way; you shouldn't jump to any conclusions about which of those two groups you are a member of.


.


The older I get; the better I feel about tearing up parking tickets and cheating on my taxes.

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