Author Topic: [GOOOOOOOOO CALI] California lifts gay marriage ban
Lord_Vivec 
Registered: Apr '06
46257_The Dark Knight - Joker
Date Posted: 5/15 11:01pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
lexu posted:

On pain of irrationality... tongue

Lol. Really, though, is it not enough that I support homosexuals getting equal rights? What more do you ask?

 

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Darth_Guy 
Registered: Aug '02
17265_Lumpy
Date Posted: 5/15 11:01pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
Lord_Vivec posted:
Darth_Guy posted:
You can't refuse a Jewish person service in a restaurant without being sued, so there's still that...

What services could a Jewish person get in a church?


Get married to a Catholic. happy

 

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jp-30 
Registered: Dec '00
6039_TC-14
Date Posted: 5/15 11:06pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
Lord_Vivec posted:
Lol. Really, though, is it not enough that I support homosexuals getting equal rights? What more do you ask?


Equal rights to uses the same words to describe the same things as straight people? tongue

 

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harpuah 
Registered: Mar '05
8040_Natalie's Eye
Date Posted: 5/15 11:06pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
Lord_Vivec posted:
Darth_Guy posted:
You can't refuse a Jewish person service in a restaurant without being sued, so there's still that...

What services could a Jewish person get in a church?



!!!!!!!!!!!!!!!

 

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PulsarSkate 
Title: Ex Mod
Registered: Nov '03
46270_Azlyn RaeI
Date Posted: 5/15 11:11pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban - Date Edited: 5/15 11:13pm (1 edits total) Edited By: PulsarSkate
Lord_Vivec posted:
lexu posted:

On pain of irrationality... tongue

Lol. Really, though, is it not enough that I support homosexuals getting equal rights? What more do you ask?



How about not making this thread all about you? happy


Also: Please guys, let's lay off teh bashing, even jokingly. It's kindling to the flame.

 

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Darth Mischievous 
Registered: Oct '99
46263_The Dark Knight - Joker
Date Posted: 5/15 11:14pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban - Date Edited: 5/15 11:17pm (1 edits total) Edited By: Darth Mischievous
lexu posted:
It has nothing to do with establishing social parameters, but rather upholding the ones we've chosen to bind ourselves to in the constitution which says everyone is equal. Right? Polygamy is illegal for everyone. Marriage is only illegal for gays. That doesn't adhere to the social standards we've already set under the law. So explain how that is a fallacious argument.


The Constitution prescribes it is the right of the people to decide issues such as these, not judges to invent societal rights and priviledges.

Homosexuals are making an argument about nature, and their argument is that society must recognize their relationship legally. Their argument from nature dictates that they should not be precluded from marrying individuals of the same sex (which is outside of the legal definition of marriage), from receiving legal recognition of their relationship (hence, sanctioned by the society), and from receiving legal benefits of their arrangement (granted priviledges by society). Men, for example, are prohibited from legal polygamist marriage, even if their nature dictates that they must have sexual and loving relationships with more than one individual. If gay marriage is an argument about nature (which it is), then other arguments of nature with respect to adult human beings are also relevant to be considered.

Society has determined that the only relevant interpersonal relationship to its proper function and continuing survival that rises to warrant highest legal recognition and highest legal protections is traditional marriage. It is the right of the people to determine such and set parameters for the union. The Constitution guarantees the right of the people to govern themselves.

I will refer to what Jello stated here:

Jello posted:
I'm sorry, but the Constitution is a pact between the government and the People guarenteeing certain protections and the like. It is absolutely unacceptable for the government to impose shackles on the popular will on the basis of the very document that was created to limit the government's power. They do this all to often, and they keep doing this without showing any sign of abating.


The fact is that the judiciary removes power from the people and behaves in an oligarchical and tyrannical fashion, circumventing the process and shredding the rule of law. The Framers of our Republic were rightly concerned about judicial overreach.

I agree with Jello on its unacceptability due to the methodology in which it was implemented.

 

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jp-30 
Registered: Dec '00
6039_TC-14
Date Posted: 5/15 11:15pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
I'm not really seeing anything going on in this interesting discussion that I would call 'bashing', but OK.

 

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PulsarSkate 
Title: Ex Mod
Registered: Nov '03
46270_Azlyn RaeI
Date Posted: 5/15 11:17pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
I couldn't find a better word, Japes. sad I know most of it's in good fun, but I'd rather we all kept in the topic and stopped making it about ... uh, joking about generalisations.

 

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AaylaSecurOWNED 
Registered: May '05
23529_Aayla Secura
Date Posted: 5/15 11:17pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
Yeah OZK, your point is pretty much moot. Churches (at least the Catholic church) refuse to marry people all the time. Carmen almost couldn't get married because of some inane doctrinal technicality since she was baptised and confirmed in two different (both Catholic!) rites. The government's not going to start stepping in and forcing churches to perform ceremonies that are against their beliefs because it would be a violation of the Free Exercise clause.

 

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ellybeanjay 
Registered: Jul '00
45262_Yoda Tongue Smiley
Date Posted: 5/15 11:19pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban - Date Edited: 5/15 11:20pm (1 edits total) Edited By: ellybeanjay
I still don't get why this is considered legislating from the bench, though I'll admit that it's been a while since I've taken government.

The California constitution provides people 'the right to form a family relationship' and provides that sexual orientation is a protected class. The California supreme court took this information and from it determined that banning same sex marriage denies a protected class the right to form a family relationship. Where is the huge abuse of power?

 

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Darth_Guy 
Registered: Aug '02
17265_Lumpy
Date Posted: 5/15 11:21pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
It's not "legislating from the bench." In fact, courts do that so rarely it's really nothing compared to abuses of power in the Executive and Legislative.


I'd say the most egregious case of judicial activism in recent years is Bush v. Gore, but people (see: Republicans) are conveniently mute about that one. whistling

 

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KnightWriter 
Title:
Administrator Emeritus

Registered: Nov '01
39907_Obi-Wan Kenobi
Date Posted: 5/15 11:22pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban - Date Edited: 5/15 11:23pm (2 edits total) Edited By: KnightWriter
Nevermind the "legislating from the bench," Carmen. It's just the usual outrage you hear from those who are silent when alleged "judicial activism" comes in the form of rulings they happen to like.

I'll post again from Andrew Sullivan:

As usual, the lazy critics are uninformed. The California court has not over-ruled the legislature: in fact, the legislature has voted for full marriage equality twice already. And the court has not "created" a right to marriage for gay couples. It has argued that if the state has conceded that domestic partners should have, under state law, all the benefits and responsibilities of married couples, the designation of a separate and distinct category must be suspect, under strict scrutiny, to the inference that the designation is based on a desire to deny gay couples equal dignity and recognition. This is the same point I've made in the past; isn't constructing a separate and distinct category an example of pure animus? You have conceded the substance, but cannot concede the name. Since no heterosexual couple's rights would be affected in any way, what exactly is the rationale for maintaining the distinction? Except bias?


From Glenn Greenwald of Salon:

The Court did not rule that California must allow same-sex couples the right to enter into "marriage." It merely ruled that if the state allows opposite-sex couples to do so, then same-sex couples must be treated equally. The Court explicitly left open the possibility that the state could distinguish between "marriage" (as a religious institution) and "civil unions" (as a secular institution) -- i.e., that California law could leave the definition of "marriage" to religious institutions and only offer and recognize "civil unions" for legal purposes -- provides that it treated opposite-sex and same-sex couples equally. The key legal issue is equal treatment by the State as a secular matter, not defining "marriage" for religious purposes.


I'd say the most egregious case of judicial activism in recent years is Bush v. Gore, but people (see: Republicans) are conveniently mute about that one.


I almost mentioned that myself.

Where is the huge abuse of power?

There isn't one.

 

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GrandAdmiralJello 
Title:
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Registered: Nov '00
44644_Imperial Laurels
Date Posted: 5/15 11:22pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban - Date Edited: 5/15 11:24pm (1 edits total) Edited By: GrandAdmiralJello
Carmen: Technically speaking, the right to form a family relationship was something interpreted to reside in the state constitution on the basis of prior judgments that placed marriage on the level of a fundamental right.

I'm not arguing against it anymore, though, but just thought I'd make that distinction clear. Either way, they were still within their legal bounds to do so.

 

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Darth Mischievous 
Registered: Oct '99
46263_The Dark Knight - Joker
Date Posted: 5/15 11:38pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban - Date Edited: 5/15 11:40pm (1 edits total) Edited By: Darth Mischievous
Bush v. Gore is a non sequitur. Changing the rules in the middle of an election by the Florida Supreme Court along with selective recounting of ballots isn't comparable to invention and legal recognition of rights that involve social issues and social change that is supposed to be determined by the people.

A better example of a debatable conservative ruling by the judiciary would be affirmative action laws struck down due to being unconstitutional. Surely, progressives here can come up with better supportive arguments.

tired

Over the past 40 years, social issues, that have flimsy Constitutional grounds, have been forced through to society, thereby removing the rights of the people to determine for themselves social issues.... as long as these issues that do not actually infringe on actual (not made up) Constitutional rights.

I don't have to agree with a particular social issue to consider it valid or invalid in the eyes of the law. Were the people of California to decide this issue, I would not agree with it, but I would think it legitimately decided.... as with all such issues that are supposed to be determined by the people.

One branch of government alone does not and should not have the ulitmate power to decide how society governs itself.

 

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ellybeanjay 
Registered: Jul '00
45262_Yoda Tongue Smiley
Date Posted: 5/15 11:41pm Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
So Mischevious, what is the role of the judiciary branch?

 

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