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2006-03-22 11:41 AM
in reply to: #375942

Subject: ...
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2006-03-22 11:45 AM
in reply to: #376554

Veteran
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Subject: RE: gay marriage ban
run4yrlif - 2006-03-22 11:25 AM

ASA22 - 2006-03-22 12:17 PM  What property rights? With a will you can leave any property to anyone you wish. 

Just to pick out one of your points, without a will, the deceased's estate goes to the spouse. If you're not in a spousal relationship, it goes to probate.



Even with a will, in a lot of states, the estate can go to probate if someone challenges the will. So even if the deceased person has a will that gives the estate to his/her partner, charity, best friend, etc, the biological family can challenge it even if they have refused contact with the deceased person for years. Is this fair?
2006-03-22 11:51 AM
in reply to: #376580

Giver
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Subject: RE: gay marriage ban

But without a will, doesn't the estate go to the spouse by default? It may still be challenged, but that a "domestic partner" wouldn't receive the estate by default. Therefore that's a benefit married people get that wouldn't be available to homosexual couples. 

AlexB - 2006-03-22 12:45 PM
run4yrlif - 2006-03-22 11:25 AM

ASA22 - 2006-03-22 12:17 PM What property rights? With a will you can leave any property to anyone you wish.

Just to pick out one of your points, without a will, the deceased's estate goes to the spouse. If you're not in a spousal relationship, it goes to probate.

Even with a will, in a lot of states, the estate can go to probate if someone challenges the will. So even if the deceased person has a will that gives the estate to his/her partner, charity, best friend, etc, the biological family can challenge it even if they have refused contact with the deceased person for years. Is this fair?

2006-03-22 12:15 PM
in reply to: #376587

Veteran
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100100
Denver
Subject: RE: gay marriage ban
run4yrlif - 2006-03-22 11:51 AM

But without a will, doesn't the estate go to the spouse by default? It may still be challenged, but that a "domestic partner" wouldn't receive the estate by default. Therefore that's a benefit married people get that wouldn't be available to homosexual couples. 



Exactly. What I was trying to point out was that even for gay couples who make all of the contractual arrangements they can (wills, medical powers of attorney, etc), these are not equivalent to the rights that married heterosexual couples get by default.
2006-03-22 12:23 PM
in reply to: #375942

Member
5

Subject: RE: gay marriage ban
"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. "

Reading this always makes me wonder why the state grants marriage rights to anyone at all. Why call it marriage anyway? Leave that to the religious institutions, but don't give anyone privilege over other people, even if those priviledges come with certain costs. Homosexual or HETEROSEXUAL, not having access to the rights and RESPONSIBILITIES of what marriage actually does for you leaves masses of people in a different class within the laws regarding thousands of issues.

NOTE: The issue with property allocation after death is less about what is written in the will and more about the taxes a non-married spouse will pay. Often these taxes are pretty high cost. Life is extremely expensive and even if people realize they need to take into account the extra bill (usually after retirement on a fixed budget or worse after a loved one dies unexpectedly or early due to disease) saving not just thousands, but tens of thousands more than a married couple has to account for is definitely a division in rights and liberties as far as I can tell.
2006-03-22 1:10 PM
in reply to: #376548

Master
1732
100050010010025
Delafield, Wisconsin
Subject: RE: gay marriage ban
I am an an estate attorney by trade. a few examples of different treatment.

Person dies without a will (intestate) Spouse gets: everything; domestic partner gets: nothing.

If individual receives a deceased person's IRA/401K how much of it is taxable when transferred to beneficiary? Spouse: none of it; domestic partner: all of it.

Amount beneficiary has to pay in estate tax, regardless of amount received, Spouse: nothing; domestic partner: 34%-46% on amounts over applicable exclusion.

Burial arrangements usually need to made by 'next of kin', spouse: next of kin; domestic partner: not next of kin.

I could go on and on...
(disclaimer: this post is not meant as legal advice...but is for the sole purpose of demonstrating how goofy some arguments are)


2006-03-22 1:25 PM
in reply to: #376554

Elite
2733
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Venture Industries,
Subject: RE: gay marriage ban
run4yrlif - 2006-03-22 12:25 PM

ASA22 - 2006-03-22 12:17 PM  What property rights? With a will you can leave any property to anyone you wish. 

Just to pick out one of your points, without a will, the deceased's estate goes to the spouse. If you're not in a spousal relationship, it goes to probate. I'm not a probate attorney, so correct me if I'm wrong, but that's how I understand it.

So there's one example. 





Edited by ASA22 2006-03-22 1:27 PM
2006-03-22 1:33 PM
in reply to: #376693

Buttercup
14334
500050002000200010010010025
Subject: RE: gay marriage ban

The gay brother (B) of my oldest friends died of leukemia 3 years ago this weekend. B's live-in partner (M) was allowed at his bedside only at the pleasure of B's parents (who believed that their god gave B leukemia as punishment for his homosexuality). B was so worried that his parents would block M from visiting that he begged his brother not to allow his parents to stop M from visiting. B was put into an induced coma and from then on, all decisions were made by his parents, not by M.

B strongly expressed that he did NOT want an open casket memorial service. His parents disregarded his wishes. B's partner was allowed absolutely no say in the memorial service - he wasn't family.

Rights bestowed upon married couples are not trivial. They have significant impact on some of life's most heartbreaking moments. This isn't a debate about sterile issues; it's about how people live and die together.

2006-03-22 1:39 PM
in reply to: #375942

Elite
2733
200050010010025
Venture Industries,
Subject: RE: gay marriage ban
Look everyone keeps talking about rights, rights, rights. We have become a Country that everything is a right. Where is the "right" to be married? Additionally, what is "marriage"? If it is an institution between two individuals AND the government, then doesn't the government have the abilty to regulate? Also, no right is absolute.

And just as an aside, I don't have a problem with same sex marriages. I just find many of the arguments made by those in favor to be very weak. We talk about the "right" to be married, but can someone point it out to me.

I hate statements that are made with such ringing clearity like..."It's my right" or "It infringes on my right". Well guess what people not everything you want to do is your right, neither is every government infringment upon your life a violation of your rights. Saying over and over that it's a right doesn't necessarily make it so. That's why I believe any MEANINGFUL debate on this issue must first start with 1) What is meant, legally by the concept of marriage? and 2) Is there a "right" to take advantage of that "legal" concept of marriage?

Without a discussion of that you get no where, and all people are doing is screaming about what they "think" the law should be.

Thus if you want to effect positive social change, whatever you view as positive, figure out a real, reasoned way to do it. And for all you PC people that think this is harsh, that asking these questions is harsh, or calling into question the strength of certai arguements is harsh...TOUGH!!! The reality is the way to effectively persuade a change of opinion is 1) formulate an effective attack, 2) anticipate arguements of your opposition and 3) formulate counter-arguements to the attacks of your opponents.
2006-03-22 1:51 PM
in reply to: #376712

Pro
3906
20001000500100100100100
St Charles, IL
Subject: RE: gay marriage ban

Please read up a few posts regarding the "rights" that are granted to a spouse that are not granted to a domestic partner.

Are you for or against the granting of those rights to a gay partner?

Can you explain under what circumstances the state/gov't should be allowed to grant certain "rights" or "priveleges" to one group, but not another?  Like say, voting?  Maybe we should apply a literacy test before allowing people to vote, the same way we apply an "opposite sex" test before granting spousal rights.

Follow your own advice and formulate successful arguments against the points made above, rather than just calling them 'weak'.

-Chris 

ASA22 - 2006-03-22 12:39 PM Look everyone keeps talking about rights, rights, rights. We have become a Country that everything is a right. Where is the "right" to be married? Additionally, what is "marriage"? If it is an institution between two individuals AND the government, then doesn't the government have the abilty to regulate? Also, no right is absolute. And just as an aside, I don't have a problem with same sex marriages. I just find many of the arguments made by those in favor to be very weak. We talk about the "right" to be married, but can someone point it out to me. I hate statements that are made with such ringing clearity like..."It's my right" or "It infringes on my right". Well guess what people not everything you want to do is your right, neither is every government infringment upon your life a violation of your rights. Saying over and over that it's a right doesn't necessarily make it so. That's why I believe any MEANINGFUL debate on this issue must first start with 1) What is meant, legally by the concept of marriage? and 2) Is there a "right" to take advantage of that "legal" concept of marriage? Without a discussion of that you get no where, and all people are doing is screaming about what they "think" the law should be. Thus if you want to effect positive social change, whatever you view as positive, figure out a real, reasoned way to do it. And for all you PC people that think this is harsh, that asking these questions is harsh, or calling into question the strength of certai arguements is harsh...TOUGH!!! The reality is the way to effectively persuade a change of opinion is 1) formulate an effective attack, 2) anticipate arguements of your opposition and 3) formulate counter-arguements to the attacks of your opponents.

2006-03-22 1:57 PM
in reply to: #376712

Giver
18427
5000500050002000100010010010010025
Subject: RE: gay marriage ban

So don't even call them rights.

Why, in this country, should any person be treated differently than any other person? What if there was a black marriage ban? What if there was an interracial marriage ban?  

ASA22 - 2006-03-22 2:39 PM Look everyone keeps talking about rights, rights, rights. We have become a Country that everything is a right. Where is the "right" to be married? Additionally, what is "marriage"? If it is an institution between two individuals AND the government, then doesn't the government have the abilty to regulate? Also, no right is absolute. And just as an aside, I don't have a problem with same sex marriages. I just find many of the arguments made by those in favor to be very weak. We talk about the "right" to be married, but can someone point it out to me. I hate statements that are made with such ringing clearity like..."It's my right" or "It infringes on my right". Well guess what people not everything you want to do is your right, neither is every government infringment upon your life a violation of your rights. Saying over and over that it's a right doesn't necessarily make it so. That's why I believe any MEANINGFUL debate on this issue must first start with 1) What is meant, legally by the concept of marriage? and 2) Is there a "right" to take advantage of that "legal" concept of marriage? Without a discussion of that you get no where, and all people are doing is screaming about what they "think" the law should be. Thus if you want to effect positive social change, whatever you view as positive, figure out a real, reasoned way to do it. And for all you PC people that think this is harsh, that asking these questions is harsh, or calling into question the strength of certai arguements is harsh...TOUGH!!! The reality is the way to effectively persuade a change of opinion is 1) formulate an effective attack, 2) anticipate arguements of your opposition and 3) formulate counter-arguements to the attacks of your opponents.



2006-03-22 2:09 PM
in reply to: #376712

Buttercup
14334
500050002000200010010010025
Subject: RE: gay marriage ban

ASA22 - 2006-03-22 1:39 PM

We talk about the "right" to be married, but can someone point it out to me. I hate statements that are made with such ringing clearity like..."It's my right" or "It infringes on my right". Well guess what people not everything you want to do is your right, neither is every government infringment upon your life a violation of your rights. Saying over and over that it's a right doesn't necessarily make it so. That's why I believe any MEANINGFUL debate on this issue must first start with 1) What is meant, legally by the concept of marriage? and 2) Is there a "right" to take advantage of that "legal" concept of marriage?

Come on, John. That's exactly what the dismay and debate is all about - the absence of the right of some people to get married while other are allowed the right. It's a foregone conclusion that we enjoy the right to marital union. 

The State currently allows opposite gendered couples the right to marital union and all the rights that are conferred upon marriage. Generally, they confer the right to marital union when two people meet basic requirements: a) age requirement, b) opposite genders and c) sound mind.

Very simply, some people want the opposite gender requirement removed by the State. That's not so hard to understand.

2006-03-22 2:10 PM
in reply to: #376725

Buttercup
14334
500050002000200010010010025
Subject: RE: gay marriage ban
run4yrlif - 2006-03-22 1:57 PM

What if there was an interracial marriage ban?  

Pssst, Jim. There were and there might still be some in some Southern states.

Amended: Alabama got progressive in November 2000! It was the last state with a ban on interracial marriage.

Also: 

In 1967 the Supreme Court found that so-called anti-miscegenation laws violated the 14th Amendment’s equal protection clause.



Edited by Renee 2006-03-22 2:15 PM
2006-03-22 2:12 PM
in reply to: #376748

Giver
18427
5000500050002000100010010010010025
Subject: RE: gay marriage ban
Renee - 2006-03-22 3:10 PM
run4yrlif - 2006-03-22 1:57 PM

What if there was an interracial marriage ban?

Pssst, Jim. There were and there might still be some in some Southern states.

F*&kers. 

2006-03-22 2:16 PM
in reply to: #376712

Extreme Veteran
307
100100100
Madison, WI
Subject: RE: gay marriage ban
"The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness"
-- Mr. Chief Justice Warren, Loving v. Virginia, 388 U.S. 1, 12, 87 S.Ct. 1817, 1823-1824, 18 L.Ed.2d 1010 (1967)

just fer to chew on.

ASA22 - 2006-03-22 1:39 PM

Look everyone keeps talking about rights, rights, rights. We have become a Country that everything is a right. Where is the "right" to be married? Additionally, what is "marriage"? If it is an institution between two individuals AND the government, then doesn't the government have the abilty to regulate? Also, no right is absolute.

And just as an aside, I don't have a problem with same sex marriages. I just find many of the arguments made by those in favor to be very weak. We talk about the "right" to be married, but can someone point it out to me.

I hate statements that are made with such ringing clearity like..."It's my right" or "It infringes on my right". Well guess what people not everything you want to do is your right, neither is every government infringment upon your life a violation of your rights. Saying over and over that it's a right doesn't necessarily make it so. That's why I believe any MEANINGFUL debate on this issue must first start with 1) What is meant, legally by the concept of marriage? and 2) Is there a "right" to take advantage of that "legal" concept of marriage?

Without a discussion of that you get no where, and all people are doing is screaming about what they "think" the law should be.

Thus if you want to effect positive social change, whatever you view as positive, figure out a real, reasoned way to do it. And for all you PC people that think this is harsh, that asking these questions is harsh, or calling into question the strength of certai arguements is harsh...TOUGH!!! The reality is the way to effectively persuade a change of opinion is 1) formulate an effective attack, 2) anticipate arguements of your opposition and 3) formulate counter-arguements to the attacks of your opponents.
2006-03-22 2:21 PM
in reply to: #376725

Elite
2733
200050010010025
Venture Industries,
Subject: RE: gay marriage ban
run4yrlif - 2006-03-22 2:57 PM

So don't even call them rights.

Why, in this country, should any person be treated differently than any other person? What if there was a black marriage ban? What if there was an interracial marriage ban?  

ASA22 - 2006-03-22 2:39 PM Look everyone keeps talking about rights, rights, rights. We have become a Country that everything is a right. Where is the "right" to be married? Additionally, what is "marriage"? If it is an institution between two individuals AND the government, then doesn't the government have the abilty to regulate? Also, no right is absolute. And just as an aside, I don't have a problem with same sex marriages. I just find many of the arguments made by those in favor to be very weak. We talk about the "right" to be married, but can someone point it out to me. I hate statements that are made with such ringing clearity like..."It's my right" or "It infringes on my right". Well guess what people not everything you want to do is your right, neither is every government infringment upon your life a violation of your rights. Saying over and over that it's a right doesn't necessarily make it so. That's why I believe any MEANINGFUL debate on this issue must first start with 1) What is meant, legally by the concept of marriage? and 2) Is there a "right" to take advantage of that "legal" concept of marriage? Without a discussion of that you get no where, and all people are doing is screaming about what they "think" the law should be. Thus if you want to effect positive social change, whatever you view as positive, figure out a real, reasoned way to do it. And for all you PC people that think this is harsh, that asking these questions is harsh, or calling into question the strength of certai arguements is harsh...TOUGH!!! The reality is the way to effectively persuade a change of opinion is 1) formulate an effective attack, 2) anticipate arguements of your opposition and 3) formulate counter-arguements to the attacks of your opponents.



That I agree with. But to answer Coredumps statemetn above yours, I've asked several times, because I dont' know, but where is the "right" to be married? Where is it located? Is it a "natural right", is it a Consitutional right, is it a right devined solely by state statute? Is it a common law right? Maybe it's not a "right" at all. The point being that if it's a "right" it is also important to determine where those "rights" are derived from as their derivition will also impact when and how the government can curtail those rights. And all rights can be infringed upon by the government in certain instances.

All I'm saying is everyone keeps saying there is a "right" to be married, and the arguement therefore goes, that to not allow a certain group to engage in marriage is to deny them their "rights". But what if there isn't a right to marry? Or that right is entirely statutorily driven rather than consitutional in nature. Everyone has been arguing under an assumption that there is a "right" to be married, what if there isn't?

I'm outta here, as is the usual case in COJ, anytime it is suggested that basic premises of a debate be established in order to actually further discussion it is met with derision. Coredump just as the proof that these issues are of the utmost importance is the simple fact that to date the arguements proposed on this thread in favor of same sex marriages have been made in numerous states and have been met with little success. The arguments that are demonstrated by Renees example and others have fallen on deaf ears. So you can either keep making them or you can find another arguement. So my point, which you so clearly missed, is that if you want to change the system you better come up with some different arguements. Start at the beginnning, If there is a right to be married Great, it leads to a possible equal protection arguement. but if there is not a "right" what next. Sitting there screaming that it should happen is nothing more than loosing your voice. Because the next step after finding a right is to force the government to demonstrate why that right should not be granted to all, that the government has some compelling interest in its different treatment.

God forbid someone come in and advocate for basic definitions about an ongoing debate. But lets all keep screaming about how unfair it is, and what is being denied to same sex couples and ignore a debate about the core issues that could lead to change.

And thank you for someone finally finding where the right exists!!!

Edited by ASA22 2006-03-22 2:23 PM


2006-03-22 2:28 PM
in reply to: #375942

Extreme Veteran
307
100100100
Madison, WI
Subject: RE: gay marriage ban
OK ASA, what about the right to equal treatment under the law in terms of the benefits you receive from the govn't. If everyone receives certain benefits (no matter what they are) and then a state passes a law that provides that jewish people will not receive these benefits, they will be violating that right to equal treatment under the law. That is what prohibiting gay marriage amounts to, a failure to give benefits to a class of people. It is the constitutional right to equal treatment that is truly at issue (as well as the constitutional right to privacy...which has been and continues to be recognized as a constitutional right.) If the constitution is amended, however, to provide that equal treatment under the law is a right in some, but not all cases, then there exists no right, and you are correct.
2006-03-22 2:35 PM
in reply to: #376712

Extreme Veteran
414
100100100100
Reston, VA
Subject: RE: gay marriage ban
ASA22 - 2006-03-22 1:39 PM

Look everyone keeps talking about rights, rights, rights. We have become a Country that everything is a right. Where is the "right" to be married? Additionally, what is "marriage"? If it is an institution between two individuals AND the government, then doesn't the government have the abilty to regulate? Also, no right is absolute.


Just a quick answer - to be fair, I haven't read you post(s) closely, but will do so later.

The right to marriage is a fundamental right granted by the U.S. Constitution. It is grounded in the righths to privacy and substantive due process.

So, yes, it is "absolute" - as much as a fundamental right can be.

As for "rights, rights, rights" - we already perform responsibilities - paying taxes, voting, participating in society, and in some cases serving in the military. With responsibilities come rights. So says that pesky Constitution.
2006-03-22 2:51 PM
in reply to: #376400

Subject: ...
This user's post has been ignored.
2006-03-22 2:52 PM
in reply to: #376804

Elite
2733
200050010010025
Venture Industries,
Subject: RE: gay marriage ban
GatorJamie - 2006-03-22 3:35 PM

ASA22 - 2006-03-22 1:39 PM

Look everyone keeps talking about rights, rights, rights. We have become a Country that everything is a right. Where is the "right" to be married? Additionally, what is "marriage"? If it is an institution between two individuals AND the government, then doesn't the government have the abilty to regulate? Also, no right is absolute.


Just a quick answer - to be fair, I haven't read you post(s) closely, but will do so later.

The right to marriage is a fundamental right granted by the U.S. Constitution. It is grounded in the righths to privacy and substantive due process.

So, yes, it is "absolute" - as much as a fundamental right can be.

As for "rights, rights, rights" - we already perform responsibilities - paying taxes, voting, participating in society, and in some cases serving in the military. With responsibilities come rights. So says that pesky Constitution.


OK what is soooo funny to me is I'm on your F'ing side on this one. I'm just advocating for a stonger arguement, then "it's unfair" or "look at what the heterosexuals can do and the gay couple can't" There's been litiagtion on this issue all over the country and it has been unsuccessful for the most part for those that are in favor of same sex marriages.

"The fifty states have various laws dealing with same-sex unions: Massachusetts permits same-sex couples to obtain marriage licenses; five states (Connecticut, New Jersey, New Mexico, New York, and
Rhode Island) and the District of Columbia have no explicit provisions that prohibit same-sex marriages; three states have laws predating 1996 that define marriage as between a man and a woman (Maryland, Wisconsin and Wyoming); twenty-five states have passed laws that define marriage as between a man and a woman and will not honor marriages between same-sex couples in other jurisdictions (Alabama, Arizona, California, Colorado, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Maine, Minnesota, New Hampshire, North Carolina, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, and West Virginia); three states have amended their state constitutions to declare marriages to be between a man and a woman only (Nebraska, Nevada, and Oregon); and thirteen states have amended their Constitutions and passed laws to define marriage and to refuse to honor same-sex marriages from other jurisdictions (Alaska, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, Oregon, and Utah). William C. Duncan, Whither Marriage in the Law? 15 Regent L.Rev. 119, 120-21, nn. 9-11 (2002-03). In the general elections in November 2004, eleven states passed state constitutional amendments: Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon, and Utah. See Kavan Peterson, Fifty State Rundown on Same Sex Marriage Laws, . In April
2005, the Connecticut House of Representatives passed legislation that would permit civil unions for same-sex couples but also passed language defining marriage as between one man and one woman and the bill was signed into law on April 20, 2005. See , April 13 2005; Susan Haigh, Connecticut Becomes Second State to Approve Gay Unions After Governor Signs Bill, , April 21, 2005. Notably, no state has amended its Constitution with language as broad as Nebraska. See, e.g., Nev. CONST. art. I, § 21; Or. CONST. art. XV, § 5a.
A New York state court judge recently ruled that denying a same-sex couple the right to marry violates the New York State Constitution's Equal Protection and Due Process Clauses. Seymour v. Holcomb, 7 Misc.3d 530, 790 N.Y.S.2d 858 (N.Y.App.Div.2005) (en banc). The Oregon Supreme Court, however, recently invalidated a same-sex marriage on statutory grounds. Li v. State, 338 Or. 376, 110 P.3d 91 (2005). A California Court of Appeals recently found that the state's domestic partner law did not conflict with a voter initiative limiting marriage to a man and a woman. Knight v.Super. Ct. of Sacramento County, 128 Cal.App.4th 14, 26 Cal.Rptr.3d 687, 698 (2005)."

the same old arguements haven't worked and aren't working, so two options keep doing the same old thing or try a new tact.
Regarding marriage: "acknowledging that, although by statute marriage is a civil contract, it does not resemble any other contract with which the courts have to deal; "[w]hat persons establish by entering into matrimony, is not a contractual relation, but a social status," (quoting University of Michigan v. McGuckin, 64 Neb. 300, 89 N.W. 778, 779 (1902). Although it is a civil contract, the consent of the parties alone cannot establish a marriage; the consent of the state is also required. Edmunds, 287 N.W.2d at 425. The state's interests in marriage and family life are " 'rooted in the necessity of providing an institutional basis for defining the fundamental relational rights and responsibilities of persons in organized society"



Edited by ASA22 2006-03-22 2:55 PM
2006-03-22 3:09 PM
in reply to: #375942

Crystal Lake, IL
Subject: RE: gay marriage ban

John - I agree that there have been some posts that are debating/stating the desires of one side or the other without answering your earlier questions and that seems frustrating for you, but not everyone wants or is capable of discussing the exact issue you are getting at.  If you're aggravated/frustrated, take a deep breath and let's get back to an informative debate.  I think you are bringing some important information to the argument and regardless of whether I or anyone else agrees or disagrees with it please keep bringing it.  I think there are probably a lot of people lurking who want to hear good, informative points from both sides of the argument but don't want to get in the fray themselves.  I think it is very interesting.

<<<sitting back down in the bleachers to continue watching>>>

 



2006-03-22 4:05 PM
in reply to: #376746

Philadelphia, south of New York and north of DC
Subject: RE: gay marriage ban
Renee -

Generally, they confer the right to marital union when two people meet basic requirements: a) age requirement, b) opposite genders and c) sound mind.

I don't know this for a fact, but I assume that there are also statutes which require that a man and women that wish to marry may not be too closely related.

This would be an example of a heterosexual couple being denied the "right" to marry.

Question: would a gay or lesbian couple be required to follow the same statute of, for example, siblings or first cousins not being able to marry? If not, would that be a violation of due process to the heterosexual couple? If the gay or lesbian couple are not allowed, why would that be? The gay or lesbian couple will not procreate together, so why place a limitation on their blood relationship?

2006-03-22 4:14 PM
in reply to: #376767

Veteran
224
100100
Denver
Subject: RE: gay marriage ban
ASA22 - 2006-03-22 2:21 PM
All I'm saying is everyone keeps saying there is a "right" to be married, and the arguement therefore goes, that to not allow a certain group to engage in marriage is to deny them their "rights". But what if there isn't a right to marry? Or that right is entirely statutorily driven rather than consitutional in nature. Everyone has been arguing under an assumption that there is a "right" to be married, what if there isn't?


I agree that it's useful to people on both sides to understand the premises of the debate. You ask if marriage is a "right" and where did it come from. One take on this is the Supreme Court Ruling that outlawed bans on inter-racial marriage: Loving vs. Virginia, 1967 (full text is here: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/loving.html... Here's an excerpt that I thought was relevant:

---beginning of excerpt------

LOVING ET UX. v. VIRGINIA
SUPREME COURT OF THE UNITED STATES
388 U.S. 1
June 12, 1967, Decided

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.
This case presents a constitutional question never addressed by this Court: whether a statutory scheme adopted by the State of Virginia to prevent marriages between persons solely on the basis of racial classifications violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment. For reasons which seem to us to reflect the central meaning of those constitutional commands, we conclude that these statutes cannot stand consistently with the Fourteenth Amendment.

At the very least, the Equal Protection Clause demands that racial classifications, especially suspect in criminal statutes, be subjected to the "most rigid scrutiny," Korematsu v. United States (1944), and, if they are ever to be upheld, they must be shown to be necessary to the accomplishment of some permissible state objective, independent of the racial discrimination which it was the object of the Fourteenth Amendment to eliminate.

These statutes also deprive the Lovings of liberty without due process of law in violation of the Due Process Clause of the Fourteenth Amendment. The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.

Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.

---End of excerpt---

--- beginning of my opinions---

Chief Justice Warren clearly states that this right exists and that it is protected by the Equal Protection and Due Process clauses of the 14th Ammendment. Plus, he goes on to say that if the states want to deny these constitutional protections of this right, they have to show that it serves some permissable state objective.

Where is Chief Justice Warren getting this "right" from? Good question, but the fact remains that at least this Supreme Court decision establishes the right and that the right is subject to the protections of the 14 Ammendment.

The next question would be whether the states have compelling reason to deny the right to certain groups of people, ie what state interests are served by denial of this right? In terms of the gay marriage debate, what state interest is served by limiting the right to marry to heterosexuals? I find it hard to think of any, but that's just my opinion.
2006-03-22 4:15 PM
in reply to: #376804

Philadelphia, south of New York and north of DC
Subject: RE: gay marriage ban

GatorJamie - The right to marriage is a fundamental right granted by the U.S. Constitution. It is grounded in the righths to privacy and substantive due process. So, yes, it is "absolute" - as much as a fundamental right can be.

My understanding is that the landmark case which helped establish the right to privacy as a right protected by the constitution was the Griswold case. That's the case that found the Connecticut law against contraception unconstitutional.

That case was argued, to my understanding, using the concept of Natural Law. If this is indeed true, and a Natural Law arguement is necessary in order to find support in the constitution for a right to privacy, would you then accept that a Natural Law arguement could be used to address other issues?

2006-03-22 6:11 PM
in reply to: #376516

Elite
2777
2000500100100252525
In my bunk with new shoes and purple sweats.
Subject: RE: gay marriage ban
Global - 2006-03-22 11:56 AM

One more reason to move up to Canada people! or not move up i guess depend on your view.  Everyone can get married here .  Gay marriage planners are a big growing industry up here. 

On a funny note, they forgot to change the lanuage in the divorce act (i think thats whats it's called) and it still refered to a man and woman instead of 2 persons, so the first gay divoce got hung up until they changed that too.

Well that will solve everything now won't it. I seem to remember the Ku Klux making the same suggestion during desegregation(yes I was in high school at the time). Seems like they were suggesting another continent but we're talking about a serious issue facing Americans who need to remain Americans. I know your idea was in jest but this is a tough deal with no easy fix.
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