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Civil Rights Discuss Schwarzenegger shifts gay marriage stand at the Political Forums; Originally Posted by chuck7251 You should have kept reading... to the part where I showed that the Supreme court says ...

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  #31 (permalink)  
Old 04-13-2008, 02:39 PM
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Default Re: Schwarzenegger shifts gay marriage stand

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Originally Posted by chuck7251 View Post
You should have kept reading... to the part where I showed that the Supreme court says that marriage is an inalienable right.

Incestuous relationships are illegal. Homosexual relationships are not. Comparing the two is apples and oranges.

I had a point, you just don't like it.
STATE Supreme Courts have made rulings...not THEE Supreme Court...

Which means it has no effect on the federal Constitutionality...

States like Massechusetts say one thing...States like Washington State say another...

May I remind you that in 2004 11 states had gay marriage on the ballot and every one of them failed...

If it was a civil right there could be no votes on it...It would already be inalienable...
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Old 04-13-2008, 04:31 PM
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Default Re: Schwarzenegger shifts gay marriage stand

first, don't be absurd.

freedom is an inalienable right - and slavery was perfectly legal

secondly, SCOTUS declared in Loving vs. VA that marriage was an inalienable right
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Old 04-13-2008, 04:59 PM
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Post Re: Schwarzenegger shifts gay marriage stand

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Originally Posted by cnredd
Unless you are also an advocate of incestual marrige and having multiple spouses...
Are you?...
Bacause I'd like to see how you could believe two people of the same sex can marry but not two people of the same bloodline...
That wouldn't be "equal protection" and it sure sounds like "discrimination" to me...
This same reply would be valid for opponents of miscegenation laws as well by people with a lacking of the fundamentals of the constitutional law.

The 14th amendment does not prohibit ANY form of discrimination.
It prohibits discrimination which does not have a legitimate state interest basis for the discrimination.

There is no intelligible and consistent "legitimate state interest" that is against gay marriage. Prejudice and religious reasoning is not a "legitimate state interest".
"Incest"? Preventing incest marriage is in the interests of protecting the children. Incestuous relationships often result in mentally or physically handicapped children.
"Polygamy"? The legal complications of such a scenario provide an absurd level of entanglement and the loss of rights for existing "wive(s)" when a new wife comes into the picture. If a man marries a second wife, the first wife's "portion" is suddenly reduced from 1/2 to 1/3. Suppose the second wife makes more than the husband, and the first wife gets out of the marriage. Does the first wife have the right to sue the second wife for alimony?
The misogyny of polygamy, and mistreatment of the children is another issue. Google "lost boys" and "polygamy" to see some of the horror stories of male children kicked out of the home in order to help maintain a "polygamous" environment.


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Originally Posted by cnredd View Post
STATE Supreme Courts have made rulings...not THEE Supreme Court...
Actually, "THEE" supreme court has made that ruling.
Repeatedly.
Loving v Virginia being one notable example.


Quote:
Originally Posted by cnredd
May I remind you that in 2004 11 states had gay marriage on the ballot and every one of them failed...
And our country previously went through a stage of state after state passing unconstitutional miscenegation laws.
The 14th amendment, enacted about 100 years before Loving v Virginia, was the corner stone for Loving v Virginia which revoked miscegenation laws from every state.


Quote:
Originally Posted by cnredd
If it was a civil right there could be no votes on it...It would already be inalienable...
Such a logic would have applied to miscegenation laws as well.
You would really do well to try to LEARN about the subject instead of just trying to make up misinformation which helps your cause.

Last edited by foundit66; 04-13-2008 at 05:05 PM.
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Old 04-13-2008, 05:51 PM
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Default Re: Schwarzenegger shifts gay marriage stand

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Originally Posted by Loving Vs. VA
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 discrimination. 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.
I see now...

It's attempt to EQUATE "race" and "sexual orientation" as the same thing...

Steal from a law that says nothing abot gays and making everyone believe so...

So where's SCOTUS's ruling?...Oh yeah...there ain't one...

If there was, the 11 states that voted in 2004 on gay marriages would be null and void right now...

Ummmm...

They're not...
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Old 04-13-2008, 06:17 PM
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Default Re: Schwarzenegger shifts gay marriage stand

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Originally Posted by cnredd View Post
I see now...

It's attempt to EQUATE "race" and "sexual orientation" as the same thing...

Steal from a law that says nothing abot gays and making everyone believe so...

So where's SCOTUS's ruling?...Oh yeah...there ain't one...

If there was, the 11 states that voted in 2004 on gay marriages would be null and void right now...

Ummmm...

They're not...
gee

you don't read so well, do you?

Loving vs VA stated that marriage is an inalienable right. It didn't state that heterosexual marriage was an inalienable right. That WAS a SCOTUS ruling.

SCOTUS hasn't ruled on the constitutionality of those laws yet.

foundit's right - you DO just make up shit
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Old 04-13-2008, 06:21 PM
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Default Re: Schwarzenegger shifts gay marriage stand

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Originally Posted by tristanrobin View Post
gee

you don't read so well, do you?

Loving vs VA stated that marriage is an inalienable right. It didn't state that heterosexual marriage was an inalienable right. That WAS a SCOTUS ruling.

SCOTUS hasn't ruled on the constitutionality of those laws yet.

foundit's right - you DO just make up shit
Try again...

Quote:
Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival
The only thing you can catch me on is that when I said "t's not a civil right" I didn't specifically say "It's not a civil right when it comes to sexual orientation"...

Which is the topic of the thread, I believe...

If this thread was about baseball, and I said "An offensive player can't touch the ball while it's in play.", please don't show me a photo of a football game...
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Old 04-13-2008, 06:22 PM
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Default Re: Schwarzenegger shifts gay marriage stand

Maybe I should just respond with "much ado about nothing"...

Seems to be in vogue...
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Old 04-13-2008, 09:21 PM
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Post Re: Schwarzenegger shifts gay marriage stand

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Originally Posted by cnredd View Post
I see now...
It's attempt to EQUATE "race" and "sexual orientation" as the same thing...
1) Nice attempt to change the subject.
You claimed that the Supreme Court had not ruled that marriage was an inalienable right.
It has.

2) Nobody is trying to say "race" and "sexual orientation" are the same thing.
What we ARE doing is using precedent the way people use precedent in constitutional law application.

Suppose somebody came along and tried to pass a law that said people had to be of the same religion in order to get married. Akin to the law that required people to be of the same race.
Do you think that Loving v Virginia would have no application, just because "race" and "religion" are not the same thing?
Do you think that if somebody tried to mention "Loving v Virginia" during a legal discussion on a law requiring same religion marriages, that somebody would stand up and say "NO! Race and religion are DIFFERENT!"???
Or do you think that if somebody tried to do that, the EXACT SAME WAY THAT LOVING V VIRGINIA QUOTED NUMEROUS OTHER COURT RULINGS that had nothing to do with race, that it would be just citing legal precedent?
(If you need a hint, it's the latter...)

Loving v Virginia establishes a fact that does not change. Marriage is an inalienable right. Period.
As I pointed out, but you refused to address, that doesn't mean NO discrimination can occur.
What it DOES mean is that you have to give a consistent legitimate state interest in order to discriminate.


Quote:
Originally Posted by cnredd
Steal from a law that says nothing abot gays and making everyone believe so...
Misrepresent other people's arguments, and then pretend you've proven a point against something nobody actually said in the first place...
< end sarcasm >

Nobody said that Loving v Virginia said anything about gays.
What it DOES do is establish that marriage is a right.
A fact that does not change no matter what the subject is.


Quote:
Originally Posted by cnredd
So where's SCOTUS's ruling?...Oh yeah...there ain't one...
If there was, the 11 states that voted in 2004 on gay marriages would be null and void right now...
As I previously pointed out, but again you avoided even acknowledging, the 14th amendment was the corner stone for Loving v Virginia, the court ruling which invalidated miscegenation laws.
But it took 100 years before the Supreme Court actually ruled on the implications of Loving v Virginia, invalidating all miscegenation laws.

The existence of "11 states voting" doesn't negate legal reality.
A LOT MORE states voted into reality miscegenation laws, and they were on the books for a LOT LONGER than 2004 to current date before SCOTUS got around to negating them.
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Old 04-13-2008, 09:26 PM
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Post Re: Schwarzenegger shifts gay marriage stand

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Originally Posted by cnredd View Post
The only thing you can catch me on is that when I said "t's not a civil right" I didn't specifically say "It's not a civil right when it comes to sexual orientation"...
Part of the problem appears to be that you don't realize that it's a civil right. Period.

Doesn't matter if it's race, religion, sexual orientation, ...
... but when it is a civil right, that does not guarantee that it can never be discriminated against.
It can, IF and ONLY IF the government can show a consistent legitimate state interest for doing so.


Quote:
Originally Posted by cnredd
If this thread was about baseball, and I said "An offensive player can't touch the ball while it's in play.", please don't show me a photo of a football game...
Talk about a false analogy.
If there was a law governing ALL SPORTS that involve a ball, THEN your analogy would be apt.
If we were talking about a constitution for Oregon, and talking about applying it in Washington, THEN your analogy would be apt.

But since we're talking about the FEDERAL constitutional recognition of an existing right, which is applied to ALL states via the 14th amendment, requiring ALL states to show a legitimate state interest when they discriminate against rights, your analogy is meaningless.
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Old 04-13-2008, 09:32 PM
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Post Re: Schwarzenegger shifts gay marriage stand

The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination.
Can anybody show me where the 14th amendment says this?
(Hint: You can't. It specifies nothing about race and rights, or race and marriage.)

It's talking about a SPECIFIC application of protection of rights against invidious discrimination.
The 14th amendment has been used to protect the rights against invidious discrimination based on RACE, RELIGION, GENDER, SEXUAL ORIENTATION, ...

ALL of those have been applied.
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