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“What Goes Around, Comes Around”
Joined: Mar 9, 2007 Comments: 2695 Kansas City, MO. ISP: Kansas City, MO |
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1 My gay marriage in no way would effect your str8 one. Unless you let it. |
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1 Equality before the law is a natural right enshrined in the constitution. |
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1 Answer -- We voted IN TWO PARTS on the right to marry someone of a different race: First, when we ORIGINALLY enacted the state marriage laws of each state, which incorporated the COMMON UNDERSTANDING that the spouses of the marital relationship were a MAN and a WOMAN who were joined together as husband and wife, and; Second, just after the Civil War, when we as a country enacted the 13th, 14th & 15th Amendments to the US Constitution in order to clarify that, yes indeed, when it comes to "persons" protected under that constitution in this country, a Black man is a MAN and a Black woman is a WOMAN. Once again, just after the Civil War, when we as a country enacted the 14th Amendment to the US Constitution in order to clarify that, yes indeed, Black "persons" who are similarly situated with White "persons" are entitled to the equal protection of the laws in this country. ----- So my question to you is this: when did we as a country amend the US Constitution in order to clarify that, yes indeed, the COMMON UNDERSTANDING that the spouses of the marital relationship of a MAN and a WOMAN joined together as husband and wife NO LONGER APPLIES, so that now the marital relationship is enlarged to include a MAN and a MAN, or a WOMAN and a WOMAN, in addition to a MAN and a WOMAN? |
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2 What "equality before the law" means is "equal protection of the laws". And it is "enshrined" in California law, as it is in American law generally, that "equal protection of the laws" does NOT mean that "everybody must be treated equally"; rather, it means that CLASSES OF PERSONS WHO ARE SIMILARLY SITUATED IN ALL PERTINENT RESPECTS are entitled to have the laws applied equally to them -- as is illustrated in this quote by Justice Werdegar from the 2/7/08 California Supreme Court criminal case of People v. Brasure comparing the classes of capital and noncapital defendants: "Because capital and noncapital defendants are not similarly situated in the pertinent respects, equal protection principles do not mandate that capital sentencing and sentence-review procedures parallel those used in noncapital sentencing.(citations)" -------- With respect to the pertinent marriage purpose of supporting sexual relationships that are uniquely capable of producing offspring, same-sex relationships are NOT similarly situated with opposite-sex relationships and thus are NOT entitled to the same treatment for equal protection purposes. |
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1 Race and homosexuality have nothing to do with each other. You can't choose your race (except Michael Jackson...and he has the money to do it). The other is a choice. |
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“BJDs: Crack would be cheaper” Joined: Jul 29, 2008 Comments: 3124 Pro-choice and Proud ISP: North Brunswick, NJ |
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1 Incorrect. Sexual orientation is not a choice. |
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“BJDs: Crack would be cheaper” Joined: Jul 29, 2008 Comments: 3124 Pro-choice and Proud ISP: North Brunswick, NJ |
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1 That would work... if the sole purpose of marriage was to produce offspring. But it isn't. We allow the elderly to marry. We allow the infertile to marry. We don't force couples to divorce if one partner is infertile. We don't force couples to divorce when the woman reaches menopause. We don't require couples to procreate. A marriage does not require offspring to be produced to be considered valid. Procreation is NOT the purpose of marriage. |
Joined: Jul 3, 2008 Comments: 216 |
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1 Are you saying they don't? This country does not need to accept same sex marriage. For what? |
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“Prepare for battle!” Joined: Jan 17, 2007 Comments: 2229 Ypsitucky ISP: Ann Arbor, MI |
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1 False framing. An amendment isn't necessary to establish marriage equality. |
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“Prepare for battle!” Joined: Jan 17, 2007 Comments: 2229 Ypsitucky ISP: Ann Arbor, MI |
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1 Then by your reasoning, I hold it to be true that infertile couples are not similarly situated with other opposite-sex relationships, and thus are NOT entitled to the same treatment for equal protection purposes vis-a-vis legal marriage. The point being that supporting sexual relationships capable of producing offspring isn't the overarching, pertinent marriage purpose that you're portraying it to be. |
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Joined: Apr 14, 2008 Comments: 536 |
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1 Sorry there, kiddo. Sexual orientation isn't a choice. You are born with sexual orientation to a large degree if not entirely (the jury isn't out on 100% but definitely it comes with some predisposition). One other detail. Local lower-level courts make decisions that do not have to be pertinent beyond the case at hand. Higher level courts make decisions that must carry forward to other cases (by definition). So while a lower court can make some decision that isn't all encompassing for every case...the appellate courts do. And the SC is the totallity of the lower courts. |
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“I will not go quietly.” Joined: Feb 28, 2007 Comments: 11872 Indianapolis Indiana ISP: Indianapolis, IN |
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1 LOL, You'll have to excuse Will. He often confuses law decisions set up to deal with those convicted of crimes in which many rights have been forfeited as being of legal relevance to those who have committed no crime. |
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“I will not go quietly.” Joined: Feb 28, 2007 Comments: 11872 Indianapolis Indiana ISP: Indianapolis, IN |
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1 ROFLMAO!! Look up "logical fallacy". Sexual orientation is a function of instinct. Instinct are inborn behavioral traits. As no other animal is born sexually active either, yet there are proven examples of same-sex pair bonding in the wild, your conclusion is doo-doo. LOL, off on the illogical tangent again I see. Those diseases you mention are or can be genetically based, given, but homosexuality does not negatively affect one's life, it into and of itself does not cause a physiological dysfunction which shortens the regularly allotted lifespan if left untreated. LOL, except in the fact that those supposed "trigger mechanisms" have never been identified except in the cases of pseudoscientific research. Very amusing, rediculous, but amusing. |
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1 That was totally irrelvant. So are you saying that a heterosexual couple that cannot have children is not entitled to have their marriage recognized? Does a woman lose her equality as well as her uterus if she has a hysterectomy. Just another distinction that can be applied to homosexuals to deny them their right to have their marriage recognize which is conveniently ignored where the couple is heterosexual. |
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Joined: Apr 14, 2008 Comments: 536 |
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1 Obviously you ignore the facts about the SC ("undoubtedly because it suits you). Why even the USSC declared the decision a state decision. And that was a conservative court as well. And it looks like the state decided...no overstepping its jurisdiction at all. You also appear to ignore that I said (to be as conservative as possible for the benefit of a reasonable discourse...I won't make that mistake again) it is AT LEAST a genetic predisposition. This DOES NOT mean that environmental factors are at stake here. It indicates that NOT ALL IS KNOWN ABOUT WHAT TRIGGERS SEXUAL ORIENTATION. Your "science" is just regurgitated religious thought. Sorry...it doesn't fly here OR in the courts. And the setup of the argument, its basic premises, its proof and conclusions are so far off I can't even begin to start. "Since nobody is born having sex..." I laughed pretty hard at that one. |
Why, are you looking for company? |
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“I'm a Straight Woman...” Joined: Aug 2, 2008 Comments: 3035 WITH GAY PRIDE!!!!!! ISP: Grants Pass, OR |
No. You can go to a justice of the peace and get married without any sort of religion invovled. In fact with out a marriage liscence, your religious marrige would not be legal. |
Signed, Lonely in Hell Paso |
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1 No, "the point being that" ONLY an opposite-sex COUPLE is CAPABLE of sexually reproducing -- and while SOME opposite-sex couples never sexually reproduce, NO same-sex couples EVER sexually reproduce. |
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