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2006-11-10 9:36 AM
in reply to: #592871

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Champion
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Subject: RE: Sad day in USA for both Parties
dayum, C-dog, you are smart. I think that's hot. maybe I am straight!


2006-11-10 9:41 AM
in reply to: #595549

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Buttercup
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Subject: RE: Sad day in USA for both Parties

possum - 2006-11-10 10:36 AM dayum, C-dog, you are smart. I think that's hot. maybe I am straight!

No, Hollis, YOU'RE HOT! I think it takes a lot of strength to bear reading about how people think you should not be entitled to basic civil rights that are at the core of FAMILY - civil recognition of your marriage to Kathryn. Your forgiving attitude is an example to all of us. It takes strength of character to not become bitter or disheartened. I don't know that I would handle it with the same grace and with the same forgiving heart that you have.

2006-11-10 9:49 AM
in reply to: #595564

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Runner
Subject: RE: Sad day in USA for both Parties
Maybe people don't view them as basic civil rights.
2006-11-10 9:51 AM
in reply to: #595573

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Pro
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Subject: RE: Sad day in USA for both Parties

Scout7 - 2006-11-10 8:49 AM Maybe people don't view them as basic civil rights.

SCOTUS does.  See Loving v. Virgina.   

2006-11-10 10:00 AM
in reply to: #595576

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Runner
Subject: RE: Sad day in USA for both Parties
coredump - 2006-11-10 10:51 AM

Scout7 - 2006-11-10 8:49 AM Maybe people don't view them as basic civil rights.

SCOTUS does. See Loving v. Virgina.



Good enough. But, if I'm reading it right, it struck down a law that allowed for the punishment of interracial marriage. I wonder what they would have done if the law merely stated that the state of Virginia wouldn't RECOGNIZE said marriage, but offered no legal punishment?

That's a different stand altogether.
2006-11-10 10:03 AM
in reply to: #595573

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Buttercup
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Subject: RE: Sad day in USA for both Parties

Scout7 - 2006-11-10 10:49 AM Maybe people don't view them as basic civil rights.

What about you Scout? Do you see obtaining a marriage license as a basic civil right?

Whether yes or no, I'll not ask you to justify your opinion. Just asking you to state your opinion, if you're going to weigh in.



Edited by Renee 2006-11-10 10:04 AM


2006-11-10 10:11 AM
in reply to: #595593

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Runner
Subject: RE: Sad day in USA for both Parties
Nope, I don't. Of course, I also don't believe that those basic rights entitled to everyone are righta at all, either. But that's a separate argument.

As for the marriage thing....Hey, if the government chose tomorrow to not officially recognize marriages, and just go with the fact that everyone was their own entity, I would have no problem with this. I know I love my wife, I know she loves me. She's Catholic (so am I technically), and we were married in a church by a nice priest; so the church recognizes we're married. If the state doesn't, oh well. First thing I do is get a durable power of attorney granting her medical decisions. After that, I look at a normal power of attorney. Her name is on all the bank accts., and I already have a will naming her as the sole inheritor.

To me (and again, this is me, no one else), the whole idea of "marriage" in the state's eyes is nothing more than contract law, and some accounting. That's it. The crux of marriage, to me, is not dictated by any government. It is the love between two people that goes beyond the benefits of being a couple. It is the strong desire to give up yourself to make the other person happy, because you know that with that person in your life, you yourself become a better person too.

How does having some piece of paper prove or disprove that? (rhetorical question, so that Jim is aware, and doesn't need to respond.)
2006-11-10 10:23 AM
in reply to: #595603

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Buttercup
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Subject: RE: Sad day in USA for both Parties

Scout7 - 2006-11-10 11:11 AM 

To me (and again, this is me, no one else), the whole idea of "marriage" in the state's eyes is nothing more than contract law, and some accounting.

I'll take a temporary tangent then return to the question.

I agree to a large extent but not fully. I always thought I would never get married but when I started wanting children everything changed. Then I needed that marriage contract - a sign to my husband, my children, my family, friends, society that I had committed myself fully to becoming a family unit. After leaving my husband 6 years ago, I thought I would never marry again. Cohabitate, yes; marry, no. I have since changed my mind on that as well. I want to fully commit to someone who is willing to fully commit to me. A marriage contract is the ultimate commitment.

Our respective personal views of marriage contracts aside... back to the debate.

How you do feel about same-gendered couples being denied the opportunity to enter into marriage contracts that you and I have the option of accepting or rejecting?



Edited by Renee 2006-11-10 10:24 AM
2006-11-10 10:24 AM
in reply to: #595603

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Expert
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Subject: RE: Sad day in USA for both Parties
Scout7 - 2006-11-10 10:11 AM

Nope, I don't. Of course, I also don't believe that those basic rights entitled to everyone are righta at all, either. But that's a separate argument.

As for the marriage thing....Hey, if the government chose tomorrow to not officially recognize marriages, and just go with the fact that everyone was their own entity, I would have no problem with this....


What about tax issues, property, etc? Do you have children? What about what would happen should you ever get a divorce? The state does more than just recognize a contract and bond.
2006-11-10 10:44 AM
in reply to: #595624

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Runner
Subject: RE: Sad day in USA for both Parties
sebjamesm - 2006-11-10 11:24 AM

Scout7 - 2006-11-10 10:11 AM

Nope, I don't. Of course, I also don't believe that those basic rights entitled to everyone are righta at all, either. But that's a separate argument.

As for the marriage thing....Hey, if the government chose tomorrow to not officially recognize marriages, and just go with the fact that everyone was their own entity, I would have no problem with this....


What about tax issues, property, etc? Do you have children? What about what would happen should you ever get a divorce? The state does more than just recognize a contract and bond.


Again, tax issues is accounting.
No, I don't have kids. That, to me, would be the biggest issue: custody if one of the parents were to die. However, this issue can occur between heterosexual couples, married or otherwise, too (I'm thinking about someone remarried, but has not had a chance to grant the spouse legal custody).
I assume that it would occur the way any other couple gets divorce....Not sure what you're asking. What more does the state do? Am I suddenly given MORE rights? No. I'm just assumed to have certain rights that could be granted through other means (like a durable POA).

As to Renee's questions. I agree, a marriage contract is the ultimate between two people. BUT, that exists regardless of what the state determines it to be. It's a PERSONAL one.

As for same-sex couples being denied, I have said before, no, I do not agree with it. I think they should have the right to enter into civil unions. The reason being is that I feel that the term "marriage" represents a religious ceremony, and a religion has the right to determine whom they marry or don't. Beyond that, the state, in my opinion, should recognize unions between same-sex couples. I have seen no compelling reason as yet not to.
2006-11-10 11:02 AM
in reply to: #595661

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Buttercup
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Subject: RE: Sad day in USA for both Parties

Scout7 - 2006-11-10 11:44 AM 

As for same-sex couples being denied, I have said before, no, I do not agree with it. I think they should have the right to enter into civil unions.

The reason being is that I feel that the term "marriage" represents a religious ceremony, and a religion has the right to determine whom they marry or don't.

Beyond that, the state, in my opinion, should recognize unions between same-sex couples. I have seen no compelling reason as yet not to.

Thanks for sharing your opinion.

I agree that religious organizations have every right to determine upon whom they will bestow marriage sacraments and blessing. However, marriage ceremonies are not the exclusive domain of religious sects/denominations. It is up to the couple to decide whether they want religious sacraments or not. Civil marriages are performed all the time. 

My religion, Buddhism, does not have marriage sacraments. It is considered a civil matter. I checked into it when I thought I might get married about 3 years ago. What I read is that you might be able to find a monk who is licensed by the state to perform marriage ceremonies but that there is no Buddhist doctrine as it relates to marriage.



2006-11-10 11:13 AM
in reply to: #595545

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Philadelphia, south of New York and north of DC
Subject: RE: Sad day in USA for both Parties
I  mistwrote in the above post... one of the last sentences should read like this:

but it's really important to note that he conceedes that he did not make a natural law argument that would support gay marriage.




Edited by dontracy 2006-11-10 11:26 AM
2006-11-10 11:25 AM
in reply to: #592871

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Subject: RE: Sad day in USA for both Parties
It's really comfortable to talk about theory and natural law from such a removed level, but what we're really talking about is people and their individual relationships. These exercises in mental gymnastics really seem pointless.
2006-11-10 11:27 AM
in reply to: #595731

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Philadelphia, south of New York and north of DC
Subject: RE: Sad day in USA for both Parties

sebjamesm - These exercises in mental gymnastics really seem pointless.

Thankfully, our Founding Fathers didn't agree with you. 

2006-11-10 11:33 AM
in reply to: #595737

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Philadelphia, south of New York and north of DC
Subject: RE: Sad day in USA for both Parties

oops, I think I erase my original post... here it is...

coredump -

Natural law interpretation of nature is biased in favor of religious belief, since it is ultimately grounded in the presupposition that nature has an ethical purpose or intention that is identical with the purposes and intentions of the Christian God. Hence, natural law tends to depend on circular reasoning; it discovers in nature what its adherents already believe is the intention of the Christian God.

Despite natural law's pretense to objectivity, it is impossible to downplay the divine element in the scholastic natural law tradition, with its prior notion that biological facts are as they are because that is how God commanded them to be.

The sexual regulation and definitions you use in your arguments stem from a refinement to Aristotlian natural law put forth by medieval Christian scholars. To claim that there is no religious influence found in natural law as you use it, is disingenious.


Chris, thank you, thank you, thank you for finding and posting that piece by Weithman. It's the kind of reason based argument I was hoping for.

I suggest that everyone read this. Weithman He is a proponent of gay marriage and reasonably takes on the current philosophical architects of opposition to gay marriage, George and Finnis. If you read it, you'll get the sense of what I've been meaning by the term instrumentalization, and also see why I've been having trouble fully articulating such a precise technical term.

This guy has way more tools than I do, and he does a great job of explaining most of the anti gay marriage natural rights position. Perhaps the fact that he is pro-gay marriage will give you a comfort level needed to fully consider my position.

Chris, Weithman's argument is very good, and I need to give it careful study before I can fully respond. (or perhaps see if George himself has responded, in which case it would be a case of peers taking each other on, instead of a photographer )

So I want to look up his footnotes and such. As well as give it several more reads.

A couple of things jump out at me after the first read, though.

By pointing out that George and Finnis have not aimed their philosophy at other issues, such as worker rights, he seems to be saying that, what I would call a sin of omission, somehow indicates their real motivations. Therefore, he seems to conclude, their arguments are less valid.

This seems like a straw man to me.

Interestingly, Weithman points to John Paul II as a figure who more fully embodies the consistency that Weithman criticizes George and Finnis for not having. At the same time, he fails to mention that John Paul II found the natural law defense of marriage to be consistent with Catholic teaching. So Weithman can't have it both ways.

Another point that pops out is in some of his talk about Thomist (Aquinas) theology/philosophy regarding the movability of goods depending upon cultural circumstances.

This moral equation speaks to your question to me yesterday about how I could be against gay marriage, but perhaps not oppose gay civil unions.

Weithman seems to take a leap in context, first talking about Aquinas' analysis of the sex act, and then in the next sentence talking about Thomist philosophy of the movability of goods. Aquinas may indeed have been talking about the two in the same context, but I'm not sure about that. I need to go read the reference that Weithman makes in his footnote. My hunch is that Weithman took them out of context.

Another point is this: Weithman questions how natural law proponents could point to Greek philosophy as the standard, while at the same time needing to argue that a part of Greek culture that was sustained for centuries was itself morally corrupt.

That is a very good point. I agree that it seems problamatic.

I'd argue, though, that post-modernists and materialists face the same dilemma. They point to Christianity as corrupt, yet they must rely on philosophy derived from Christian thought in order to cogently make their point in the first place. It's not a coincidence that the call for gay marriage is rising up out of the Western culture. A culture that was built on Christianity. It's not a coincidence.

The last thing that pops up about Weithman's piece is that he himself conceeds that the argument he laid out is only an implicit argument for gay marriage, not an overt one. I think he rightly points out the relationship between anti-sodomy laws and marriage laws, and I think his argument can be shown to be false, but it's really important to note that he conceedes that he did not make a natural law argument that would support gay marriage.

 

And lastly, I do not think I am being disingenuous. If natural laws exist and are true, then their discovery (not their creation, but their discovery) began before the rise of Christianity.

If anything, it should point to the genuine search for truth inherent in Christianity as shown by the resurection of Aristotle by Aquinas. (Non-Christian Americans would be well served to remember that we live in a predominantly Protestant Christian culture. The Reformation threw philosophy out the window. It did not consider it a valid way to come to know truth. Only the Bible mattered.)

To say that natural law theory is invalid because so much of it was developed within Christian institutions is like saying that heliocentricity is invalid because the Catholic priest Copernicus discovered it. The truth is the truth.

Anyway, your post is a great addition to this debate.

 



Edited by dontracy 2006-11-10 11:43 AM
2006-11-10 11:34 AM
in reply to: #595737

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Giver
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Subject: RE: Sad day in USA for both Parties
dontracy - 2006-11-10 12:27 PM

sebjamesm - These exercises in mental gymnastics really seem pointless.

Thankfully, our Founding Fathers didn't agree with you. 

Yeah...I for one am learning a lot. Participating in discussion like these, even thought they won't change the world, is excellent in sharpening my reasoning abilities.



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