SimplyMe said:
You said that you want to dictate the lives of others when you want to control the choice of who they marry. It doesn't matter if you are offended by their choice or that you find it morally offensive, none of these reasons gives you the right to "dictate the lives of others".
I have no doubt that you do too. What's your opinion on incest? On beastiality? On polygamy? On child marriages? On child-adult marriages?
SimplyMe said:
It's fine that you support state's rights. OTOH, we live in a Federal Republic and the US Constitution has precedenceover the rights of the states. The Constitution currently says that all people are equal under the law. To deny a group equal protection or a natural right requires a compelling reason. Without a compelling reason, as there does not appear to be with homosexual marriage, the federal government cannot deny equal protection.
Federal Republic? Yes, it's a Republic, and the state's permitted the federal government certain powers and, I quote "that whenever any form of government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government". The state's have the right to leave the Union at any time and, ask any lawyer,
the states can abolish the Federal government but the Federal government can't abolish the states. It may help to understand what a state is. Texas is a state. France is a state. California is a state, Brittany is a
province of France.
SimplyMe said:
That is true that neither of your morals are the law of the land. It takes the morals the majority chooses, except it protects the minority so that they also receive equal protection of law. To deny that equal protection, in cases such as pedophilia, polygamy, etc., a compelling reason for denial of rights must be shown (as they have in these instances). It is part of why the slippery slope arguments about homosexual marriage are so poor. Even if homosexual marriage becomes legal nationally, the compelling reasons preventing pedophilia, beastiality, and polygamy will all still exist.
So, by your own words, the argument for homosexual marriage is good and the argument for accepting other new forms are bad. Well then it's decided.
SimplyMe said:
Right? Wrong? Left?
SimplyMe said:
Perhaps you could show me on this thread where people are arguing for incestual marriage. Instead, I believe it has been pointed out that the courts have ruled that the government has a compelling reason (reasons that aren't based on the Bible) for denying close family relatives from marrying.
I love how freely you like to use the word compelling. "But denying other people the chance for the happiness you and I take for granted is not at all what this country is about." So, what's so compelling against ALL incestual marriage? If you are to ban marriage based on procreational danger then you establish procreation as central to marriage - cross out homosexual marriage. But, of course, there are other safe ways. Sperm donors? Or we could try condoms? Birth control? How about getting fixed, that's a new fad. The grounds to ban incestual marriage are as slippery as homosexual and, at it's center, it creates procreation as CENTRAL to marriage, thus defeating homosexual marriage as well.
SimplyMe said:
So why are you arguing that states should have the ability to discriminate without cause? Perhaps we should allow slavery again in the Southern states since, after all, they would not be slaves if they moved to the northern states? Was Missouri's
Mormon Extermination Order valid since Mormon's could live in the other 49 states? After all, isn't Mormonism a dangerous lifestyle that will keep people from going to heaven?
Slavery is different because creating slavery again would TAKE AWAY rights that people have, not CREATE rights. As I say, there is a big difference between denying a man a right and denying a man his right. So is the extermination, esp. of citizens. So, I say yet again, there is a big difference between denying a man a right and denying a man his right!
SimplyMe said:
If you don't feel these cases are justifiable, than at what point does discrimination by an individual state become acceptable?
I don't know. You seem to be for particular discrimination without any grounds that won't kill your argument for homosexual marriage.
SimplyMe said:
Actually, this is not true. In the Old Testament (and in the cultures of the time) polygamy was the norm. There have been homosexual marriages throughout history. As for Polygamy, it was ultimately decided by the Supreme Court that the state had sufficient reasons to deny them, not the voters.
My bad - rather than "putting it to a vote" I still think it should be to the sates. But, I'd like you to give me the oldest example of a homosexual marriage you can, followed by the next two oldest.
SimplyMe said:
Another part of the problem, however, is that it's not merely a decision of the states; there are federal marriage benefits as well. Part of the problem is that gay couples married in Massachusetts cannot get their marriages recognized by the federal government.
I know this, and it is a problem. It may make sense, then to ask why such marriage benefits are in place. What is the purpose?
SimplyMe said:
Wrong. As shown in that post, just because something is made legal does not force it on another person. What you are trying to suggest would be the same as saying that the KKK is being discriminated against because they are being "forced" to accept things against their beliefs (Blacks and other minorities having equal rights).
That is not what I said. You said that he's trying to push his morals on you, and I'm saying that you push yours on him.
SimplyMe said:
Actually, it is that simple. As explained above, the courts must find to uphold a law that denies equal opportunity that the state must have a compelling reason. And, as mentioned above, in the case of polygamy the reasons the State gave were ruled to be compelling.
There reasons held before the prominence of birth control (and homosexuality). Their grounds hold nothing to homosexual siblings, and little against heterosexual couples.
And i cede, it's a matter of what is considered to be compelling... Did you know that Biblical evidence was once considered compelling in court of law?
SimplyMe said:
The easy answer is because in these cases the state has a compelling interest in banning them. In the case of children and beasts it largely comes down to their not being able to give informed consent. In the case of incestuous marriages, it is primarily because it is typically because unhealthy emotionally and the high likelihood of abuse. While the chance of diseased children resulting from incestuous marriages is also a factor, it is a lesser factor; there are states that will allow cousins to marry provided that they can prove they will not have children.
"
In the case of incestuous marriages, it is primarily because it is typically because unhealthy emotionally and the high likelihood of abuse." - Many say the same thing about homosexuality. I want to point out that what is "unhealthy" is, basically, what is against the norm.
SimplyMe said:
As a matter of law, it's when evidence suggests that people can make an informed and knowledgeable choice.
And so who is to say that it is adults? Actually, when you say two consenting adults, legally you are saying two people above the age of 21.
What is "informed and knowledgeable" is subjective, as is so much and, when you pull Aristotle, the foundations in this argument.
SimplyMe said:
The key phrase here is "consenting adults". They are the ones that can make informed and knowledgeable choices. If it could be proven that 8 year-olds could make informed choices about marriage, then it's possible the marriage age would be lowered.
Prove to me that when a person turns 21 years of age he is, suddenly, informed and knowledgeable.
SimplyMe said:
False, as mentioned above, the courts have consistently found that there are compelling reasons for banning incest.
Again, that was before the prominence of American
birth control and
homosexuality.
SimplyMe said:
So, if a law would passed that only allowed worship in Mormon churches, then you would still have freedom of religion, correct? After all, you would have the same right to worship as everyone else.
I'm in the same boat as you, only you won't admit it. You consistently say that the court has found what is deemed compelling reason to ban incestual marriage and polygamy, but when was the last ruling? I'm sure that it did not make accounts for the modern prominence of birth control or homosexuality.
fyi, incestual marriage is said to be banned because of the the high
er chance of abnormalities in offspring, polygamy because husband could not support so many families... Again, the center is procreation, isn't it? If you are to ban MARRIAGE on grounds of procreation then you must, if we are equal under law, ban marriage where people cannot procreate. Or, of course, you could just regulate. It's not a nice alternative, but a better one than denying them the equal right to marry which is fought so ardently for homosexuals.