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2008-11-03 5:19 PM
in reply to: #1784679

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Mountain View, CA
Subject: RE: Same Sex Marriage from Conservative buddy thread...
dontracy - 2008-11-03 3:16 PM

pengy - Furthermore, the lack of reproduction does in no way take away the spiritual bond these people have to one another.

Yes, a spiritual bond can exist between people who who not and will become one organic principle. However, in marriage the spiritual dimension is only one part of the total matrix that constitutes the "marriage".


I don't see what the spiritual dimension has to do with a legal contract.


2008-11-03 5:19 PM
in reply to: #1784674

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Mountain View, CA
Subject: RE: Same Sex Marriage from Conservative buddy thread...
dontracy - 2008-11-03 3:13 PM

pengy -  First, the fundamental flaw with Robert P. George's logic is that in no way does his argument justify the idea that marriage is exclusive to two people. If you are a strict adherent to his argument, you therefor should agree that polygamy is acceptable.

No.

The core of the argument is that bodily union of spouses becomes a two-in-one flesh union. They become a single organic principle. This is not possible with any other type of sexual act, including an act with three or more people.


What if two people want to get married, but intend to remain abstinent?
2008-11-03 5:26 PM
in reply to: #1784336

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Philadelphia, south of New York and north of DC
Subject: RE: Same Sex Marriage from Conservative buddy thread...

pengy -  Finally, I'll further argue that a same sex marriage is in no way harmful to society. The burden of proof is on you otherwise.

There are several things at stake.

For myself, the most important is how we choose to organize society and govern ourselves.

The Founders argued that we are endowed with unalienable rights. In other words, there are natural laws that we are bound to follow, laws that we ourselves do not make up.

So we're bound, for example, to not murder.

Then there are positive laws which we do design ourselves. For example, it is a good that there are laws against speeding. But why? Is there something intrinsically wrong about speeding? Of course not. But there is something intrinsically wrong about murdering someone with reckless driving. So the positive law, relies on the natural law as it's principle foundation.

What were at risk of is becoming a society in which there is no principle foundation of natural law. We then become depended strictly on positive law.

The problem then is that it is possible to justify any law whatsoever. To take an extreme example, you could pass a law that says that all green eyed people ought to be killed. And if you rely soley on positive law I don't see how you could argue against it from a moral point of view. At that point, we govern ourselves according to power and not principle.

That's what's at stake with this as well as other social/value issues.

 



Edited by dontracy 2008-11-03 5:27 PM
2008-11-03 5:26 PM
in reply to: #1784674

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Houston
Subject: RE: Same Sex Marriage from Conservative buddy thread...
dontracy - 2008-11-03 5:13 PM

pengy -  First, the fundamental flaw with Robert P. George's logic is that in no way does his argument justify the idea that marriage is exclusive to two people. If you are a strict adherent to his argument, you therefor should agree that polygamy is acceptable.

No.

The core of the argument is that bodily union of spouses becomes a two-in-one flesh union. They become a single organic principle. This is not possible with any other type of sexual act, including an act with three or more people.



You're not arguing my point, you only argued part of what I said. I'm not advocating polygamy, I'm saying social norms change and thus laws have to change accordingly. Your esteemed Robert P. George's logic is locked in the idea that marriage is a result of procreation between one man and one woman, when I can easily argue that marriages in the past have been outside of that definition so why is it unacceptable for it to change now?

Additionally, I really think you need to answer runningwoof since you are so firm in your ideology that you can argue against his rights.
2008-11-03 5:30 PM
in reply to: #1784699

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Mountain View, CA
Subject: RE: Same Sex Marriage from Conservative buddy thread...
dontracy - 2008-11-03 3:26 PM

pengy -  Finally, I'll further argue that a same sex marriage is in no way harmful to society. The burden of proof is on you otherwise.

There are several things at stake.

For myself, the most important is how we choose to organize society and govern ourselves.

The Founders argued that we are endowed with unalienable rights. In other words, there are natural laws that we are bound to follow, laws that we ourselves do not make up.

So we're bound, for example, to not murder.

Then there are positive laws which we do design ourselves. For example, it is a good that there are laws against speeding. But why? Is there something intrinsically wrong about speeding? Of course not. But there is something intrinsically wrong about murdering someone with reckless driving. So the positive law, relies on the natural law as it's principle foundation.

What were at risk of is becoming a society in which there is no principle foundation of natural law. We then become depended strictly on positive law.

The problem then is that it is possible to justify any law whatsoever. To take an extreme example, you could pass a law that says that all green eyed people ought to be killed. And if you rely soley on positive law I don't see how you could argue against it from a moral point of view. At that point, we govern ourselves according to power and not principle.

That's what's at stake with this as well as other social/value issues.

 



The founders said that we are endowed with inalienable rights, not that there are natural laws. They are not the same thing, though their implications can be similar (such as your example about murder).
2008-11-03 5:32 PM
in reply to: #1784701

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Philadelphia, south of New York and north of DC
Subject: RE: Same Sex Marriage from Conservative buddy thread...

pengy -  I can easily argue that marriages in the past have been outside of that definition so why is it unacceptable for it to change now?

That indeed has happened in the past, and I'm sure we could both come up with examples, but it's never been the norm. The norm has always been between one man and one woman.



2008-11-03 5:32 PM
in reply to: #1784699

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Houston
Subject: RE: Same Sex Marriage from Conservative buddy thread...
dontracy - 2008-11-03 5:26 PM

pengy -  Finally, I'll further argue that a same sex marriage is in no way harmful to society. The burden of proof is on you otherwise.

There are several things at stake.

For myself, the most important is how we choose to organize society and govern ourselves.

The Founders argued that we are endowed with unalienable rights. In other words, there are natural laws that we are bound to follow, laws that we ourselves do not make up.

So we're bound, for example, to not murder.

Then there are positive laws which we do design ourselves. For example, it is a good that there are laws against speeding. But why? Is there something intrinsically wrong about speeding? Of course not. But there is something intrinsically wrong about murdering someone with reckless driving. So the positive law, relies on the natural law as it's principle foundation.

What were at risk of is becoming a society in which there is no principle foundation of natural law. We then become depended strictly on positive law.

The problem then is that it is possible to justify any law whatsoever. To take an extreme example, you could pass a law that says that all green eyed people ought to be killed. And if you rely soley on positive law I don't see how you could argue against it from a moral point of view. At that point, we govern ourselves according to power and not principle.

That's what's at stake with this as well as other social/value issues.

 



To not murder is not a right, it is a restriction. The right to life is a right. From the begginning your argument is not connecting.

Passing a law with green eyed people to be killed impedes on the rights of the green eyed people, such a law is struck down.

As it stands, there are laws restricting the rights of homosexuals, such laws should be struck down.

You still have not argued that homosexuality will harm society, you made some weird analogy linking lawful same sex marriage to killing green eyed people.

the constitution makes no mention of natural laws by the way, you're putting the words in the founder's mouths.
2008-11-03 5:33 PM
in reply to: #1784701

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Champion
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the colony texas
Subject: RE: Same Sex Marriage from Conservative buddy thread...

ok this might seem a bit off -topic  but is marriage a right.??   how so??

If it's not a right, then it can't be restricting someone "rights"   but if it is a right>>>.???

when did marriage become a right and back to my other comment there have always been rules as to who, whom or what you can marry... is that violating my rights then

 

2008-11-03 5:34 PM
in reply to: #1784699

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Subject: RE: Same Sex Marriage from Conservative buddy thread...
dontracy - 2008-11-03 3:26 PM

pengy -  Finally, I'll further argue that a same sex marriage is in no way harmful to society. The burden of proof is on you otherwise.

There are several things at stake.

For myself, the most important is how we choose to organize society and govern ourselves.

The Founders argued that we are endowed with unalienable rights. In other words, there are natural laws that we are bound to follow, laws that we ourselves do not make up.

So we're bound, for example, to not murder.

Then there are positive laws which we do design ourselves. For example, it is a good that there are laws against speeding. But why? Is there something intrinsically wrong about speeding? Of course not. But there is something intrinsically wrong about murdering someone with reckless driving. So the positive law, relies on the natural law as it's principle foundation.

What were at risk of is becoming a society in which there is no principle foundation of natural law. We then become depended strictly on positive law.

The problem then is that it is possible to justify any law whatsoever. To take an extreme example, you could pass a law that says that all green eyed people ought to be killed. And if you rely soley on positive law I don't see how you could argue against it from a moral point of view. At that point, we govern ourselves according to power and not principle.

That's what's at stake with this as well as other social/value issues.

I love you how stand up to take the bullets in these arguments, Don

But, to the point... focus.   Let's not talk about how natural law says we can't murder, and accepting gay marriage is therefore wrong.  It's a non sequitur.   How does gay marriage itself, not murder, not speeding, or loitering, threaten the principle of natural law?  Taking into account, of course, that I have chosen not to procreate.  And others cannot.

2008-11-03 5:35 PM
in reply to: #1784701

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Philadelphia, south of New York and north of DC
Subject: RE: Same Sex Marriage from Conservative buddy thread...

pengy - I'm saying social norms change and thus laws have to change accordingly.

Again, I would say the norms have remained the same.

But regardless, the states have always regulated marriage laws. The question here is whether marriage defined as between one man and one woman is discriminatory.

George makes the case that it is not, since the unique relationship of one man and one woman in marriage can be considered to be a special class and thus protected by the 14th amendment.

2008-11-03 5:35 PM
in reply to: #1784717

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Houston
Subject: RE: Same Sex Marriage from Conservative buddy thread...
dontracy - 2008-11-03 5:32 PM

pengy -  I can easily argue that marriages in the past have been outside of that definition so why is it unacceptable for it to change now?

That indeed has happened in the past, and I'm sure we could both come up with examples, but it's never been the norm. The norm has always been between one man and one woman.



I'm sorry, but just because it has been the norm in catholic/protestant europe for the past two thousand years does not make it the "norm."


2008-11-03 5:38 PM
in reply to: #1784721

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Houston
Subject: RE: Same Sex Marriage from Conservative buddy thread...
Gaarryy - 2008-11-03 5:33 PM

ok this might seem a bit off -topic  but is marriage a right.??   how so??

If it's not a right, then it can't be restricting someone "rights"   but if it is a right>>>.???

when did marriage become a right and back to my other comment there have always been rules as to who, whom or what you can marry... is that violating my rights then

 



It is not necessarily a "right" in the broad sense, but when a certain group of people are granted such a right and another is restricted, then you are essentially restricting the rights of a group.
2008-11-03 5:38 PM
in reply to: #1784730

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Champion
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50002000100050025
the colony texas
Subject: RE: Same Sex Marriage from Conservative buddy thread...
pengy - 2008-11-03 5:35 PM
dontracy - 2008-11-03 5:32 PM

pengy -  I can easily argue that marriages in the past have been outside of that definition so why is it unacceptable for it to change now?

That indeed has happened in the past, and I'm sure we could both come up with examples, but it's never been the norm. The norm has always been between one man and one woman.

I'm sorry, but just because it has been the norm in catholic/protestant europe for the past two thousand years does not make it the "norm."

I'm really trying to understand what you are saying here, are you saying that a male/female marriage isn't the "norm" since it's only been like that for 2,000 years

 

2008-11-03 5:39 PM
in reply to: #1784741

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Champion
8540
50002000100050025
the colony texas
Subject: RE: Same Sex Marriage from Conservative buddy thread...
pengy - 2008-11-03 5:38 PM
Gaarryy - 2008-11-03 5:33 PM

ok this might seem a bit off -topic  but is marriage a right.??   how so??

If it's not a right, then it can't be restricting someone "rights"   but if it is a right>>>.???

when did marriage become a right and back to my other comment there have always been rules as to who, whom or what you can marry... is that violating my rights then

 

It is not necessarily a "right" in the broad sense, but when a certain group of people are granted such a right and another is restricted, then you are essentially restricting the rights of a group.

gotcha.. thanks 

2008-11-03 5:39 PM
in reply to: #1784729

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Houston
Subject: RE: Same Sex Marriage from Conservative buddy thread...
dontracy - 2008-11-03 5:35 PM

pengy - I'm saying social norms change and thus laws have to change accordingly.

Again, I would say the norms have remained the same.

But regardless, the states have always regulated marriage laws. The question here is whether marriage defined as between one man and one woman is discriminatory.

George makes the case that it is not, since the unique relationship of one man and one woman in marriage can be considered to be a special class and thus protected by the 14th amendment.



Social norms have most definitely changed, I'm afraid we are never going to come to any middle ground if you cannot understand the persecution and then overall social acceptance of homosexuality.
2008-11-03 5:42 PM
in reply to: #1784711

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Philadelphia, south of New York and north of DC
Subject: RE: Same Sex Marriage from Conservative buddy thread...

puellasolis - The founders said that we are endowed with inalienable rights, not that there are natural laws. They are not the same thing, though their implications can be similar (such as your example about murder).

Here's the first paragraph of the Declaration of Independence. The Founders were appealing to natural law in claiming that we are endowed with unalienable rights.

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.



2008-11-03 5:42 PM
in reply to: #1784743

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Houston
Subject: RE: Same Sex Marriage from Conservative buddy thread...
Gaarryy - 2008-11-03 5:38 PM

pengy - 2008-11-03 5:35 PM
dontracy - 2008-11-03 5:32 PM

pengy -  I can easily argue that marriages in the past have been outside of that definition so why is it unacceptable for it to change now?

That indeed has happened in the past, and I'm sure we could both come up with examples, but it's never been the norm. The norm has always been between one man and one woman.

I'm sorry, but just because it has been the norm in catholic/protestant europe for the past two thousand years does not make it the "norm."

I'm really trying to understand what you are saying here, are you saying that a male/female marriage isn't the "norm" since it's only been like that for 2,000 years

 



What I am saying is that you have to look outside the breadth of European Christianity since that is not what the United States is supposed to be based upon (the actual reality of it not considering).
2008-11-03 5:42 PM
in reply to: #1784729

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Subject: RE: Same Sex Marriage from Conservative buddy thread...
dontracy - 2008-11-03 3:35 PM

pengy - I'm saying social norms change and thus laws have to change accordingly.

Again, I would say the norms have remained the same.

But regardless, the states have always regulated marriage laws. The question here is whether marriage defined as between one man and one woman is discriminatory.

George makes the case that it is not, since the unique relationship of one man and one woman in marriage can be considered to be a special class and thus protected by the 14th amendment.

I'm gonna go out on a limb and say that's a loser argument.   Gender, race, and other inherent qualities are singled out by SCOTUS for special protection.  Marriage is a voluntary choice, an action, I wonder if there was any other voluntary action that has been seen by SCOTUS as deserving 14th amendment protection and therefore strict scrutiny. 

And even if it is a winner, the test under 14 is whether the government has acted to deprive a person from equal protection under the laws.  How am I denied equal protection because runningwoof got married?

Application of 14 here - denying gays marriage because it infringes on straights' rights - turns 14 on its head.  Usually it's the other way around

IMHO

2008-11-03 5:44 PM
in reply to: #1784750

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Houston
Subject: RE: Same Sex Marriage from Conservative buddy thread...
dontracy - 2008-11-03 5:42 PM

puellasolis - The founders said that we are endowed with inalienable rights, not that there are natural laws. They are not the same thing, though their implications can be similar (such as your example about murder).

Here's the first paragraph of the Declaration of Independence. The Founders were appealing to natural law in claiming that we are endowed with unalienable rights.

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.



I think that phrase argues my point considering it is prefaced by political bands being dissolved to protect what is entitled to them.

Additionally... last I checked the Declaration of Independence is not a legal document to govern the united states.
2008-11-03 5:48 PM
in reply to: #1784741

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Philadelphia, south of New York and north of DC
Subject: RE: Same Sex Marriage from Conservative buddy thread...

pengy - It is not necessarily a "right" in the broad sense, but when a certain group of people are granted such a right and another is restricted, then you are essentially restricting the rights of a group.

But the right of "gays" to marry has never been restricted. What has been restricted is the notion that one could "marry" someone of the same sex.

That's why in other threads, the idea that the question today is the same as the question of interacial marriage is a strawman. The movement today aims to change the very definition of marriage itself.



Edited by dontracy 2008-11-03 5:48 PM
2008-11-03 5:50 PM
in reply to: #1784750

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Mountain View, CA
Subject: RE: Same Sex Marriage from Conservative buddy thread...
dontracy - 2008-11-03 3:42 PM

puellasolis - The founders said that we are endowed with inalienable rights, not that there are natural laws. They are not the same thing, though their implications can be similar (such as your example about murder).

Here's the first paragraph of the Declaration of Independence. The Founders were appealing to natural law in claiming that we are endowed with unalienable rights.

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.


I'm sorry, I should have been clearer. You said, "The Founders argued that we are endowed with unalienable rights. In other words, there are natural laws that we are bound to follow, laws that we ourselves do not make up." What I was trying to say was that being endowed with inalienable rights is not the same thing as there being natural laws. In other words, what I meant was that your use of "in other words" was incorrect. I read your statement as making an equivalence--one that I don't think is there.


2008-11-03 5:51 PM
in reply to: #1784759

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Philadelphia, south of New York and north of DC
Subject: RE: Same Sex Marriage from Conservative buddy thread...

pengy - Additionally... last I checked the Declaration of Independence is not a legal document to govern the united states.

Our country was founded in a creed. That creed can be found in the Declaration of Independence.

The Founders appealed to natural law for the legitimacy of what they were doing. They were correct, and I believe that is why the experiment has been successful up to now.

2008-11-03 5:51 PM
in reply to: #1784336

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Champion
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Subject: RE: Same Sex Marriage from Conservative buddy thread...

So, maybe we need a new definition of a valid marriage.  Seems like we're using the same standards that were around in the Middle Ages.

 

I have a friend who was married to a woman who was physically unable to have sexual intercourse.  They eventually divorced for reasons mostly unrelated to that. Were they ever really married?

 

Maybe we should go with the simplest definition of marriage... the one we use when talking to very small children... "when two people love each other and want to spend their lives together."  And then leave it at that.  What they do or don't do in the bedroom shouldn't be the concern of the state.  If the church wants to stick its nose in that, more power to it.

 

And, in the end the real reason against same sex marriage is... SEX.  Obviously, two men getting married is ONLY about the hot gay sex. It has nothing to do with two people who love each other and want the same protections and the same recoginition afford to straight couples.

2008-11-03 5:51 PM
in reply to: #1784752

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Subject: RE: Same Sex Marriage from Conservative buddy thread...
pengy - 2008-11-03 5:42 PM
Gaarryy - 2008-11-03 5:38 PM
pengy - 2008-11-03 5:35 PM
dontracy - 2008-11-03 5:32 PM

pengy -  I can easily argue that marriages in the past have been outside of that definition so why is it unacceptable for it to change now?

That indeed has happened in the past, and I'm sure we could both come up with examples, but it's never been the norm. The norm has always been between one man and one woman.

I'm sorry, but just because it has been the norm in catholic/protestant europe for the past two thousand years does not make it the "norm."

I'm really trying to understand what you are saying here, are you saying that a male/female marriage isn't the "norm" since it's only been like that for 2,000 years

 

What I am saying is that you have to look outside the breadth of European Christianity since that is not what the United States is supposed to be based upon (the actual reality of it not considering).

So where are we looking.. I was asking early if there have been countries where a same sex marriage is considered normal and did it have an impact on that country.  while I don't see why same sex marriage is not allowed, I can understand Don's points easier, than when the people for same sex marriage most times... It's usually something along the lines of "it's not fair" , "it's not hurting anyone" or " I should be able to do what I want"  but those are more emotional arguments than anything else...
The US as far as I know has always had laws saying who you could and could not marry,, just saying that he things have changed since then  isn't that compelling of a reason is all I"m saying.   I think the point would be better made if it was shown exactly how a person has experienced a loss due to his/her rights being infringed upon.  

No one wins in an emotional disagreement, both sides walk away thinking the same thing they did when they started 

2008-11-03 5:53 PM
in reply to: #1784772

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Houston
Subject: RE: Same Sex Marriage from Conservative buddy thread...
dontracy - 2008-11-03 5:51 PM

pengy - Additionally... last I checked the Declaration of Independence is not a legal document to govern the united states.

Our country was founded in a creed. That creed can be found in the Declaration of Independence.

The Founders appealed to natural law for the legitimacy of what they were doing. They were correct, and I believe that is why the experiment has been successful up to now.



Then their "natural law" in this supposed "creed" also upheld women's inability to vote and their inferiority. I guess we should always stick by their original intentions.
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