Tennyson
Senior Member
- Mar 19, 2015
- 310
- 12
- 51
This country is divided because of the fear, ignorance, and hate common to far too many Americans, and those Americans seeking to codify their fear, ignorance, and hate.How far back in time? 1799 with the Sargent’s Code of the territory and the adopted common laws against buggery? The adoption of common laws against buggery in 1833? 1841 when Alabama with the Penal Code in the Annual Session of the General Assembly of the State of Alabama January 9, 1841 that converted common law to statutory law regarding buggery?
Who is talking about buggery? You said that there were laws against same sex marriage dating abck to the 1600's.
Are you now not able to back up your claim?
What a surprise......
Why would there need to be a specific law regarding same-sex marriage when it was a felony to be a homosexual and the marriage licenses were limited to one man and one women?
You remind me of daws101.
Dear Syriusly and Tennyson
I don't see getting much out of entrapping each other in mistakes or misstatements about this.
As some kind of judge or attack on the person.
It's clear to me that marriage was assumed by definition
to refer to husband and wife as male and female.
And this was not challenged PUBLICLY AND POLITICALLY until more recently, after years of LGBT organizing
enough support to lobby.
So if the legal issue did not even come up IN PUBLIC until later, the laws in response did not either.
We have yet to challenge the whole issue of MARRIAGE being in govt in the first place.
This was also assumed to be an agreement to mix church and state authority in both recognizing marriage.
We used to allow references to God in schools, and have the classes prayer together.
But that was challenged and taken out.
At this point, I'm arguing to be consistent.
If you are going to insist on removing or neutralizing Christian expression of prayer and beliefs in God and Jesus
from public institutions,
then treat LGBT expressions practice and beliefs regarding transgender identity and homosexuality and marriage
the same way;
if you are going to defend LGBT as "cultural diversity" and argue for inclusion against discrimination
then defend Christian belief and practice as "cultural diversity" that deserves inclusion and not
discrimination by creed.
NOTE:
If you look at the religious freedom restoration act, the First Amendment is still in effect, and this law didn't come about until, in response to problems with biases against religious freedom already well established.
There is something about the democratic and legislative process, in representing a CONTRACT between people and govt, where going through the process of enacting or reforming a law has value in affirming the consent and representation of the public.
Even though the First Amendment already established religious freedom, somehow in pushing and passing the restoration act, this helped to RENEW commitment to enforce the same, that should be enforced anyway!
What we really need is a public national consensus on these laws, so whatever it is that is being left out or not resolved is fully addressed and represented.
We need to agree how to interpret and apply laws, instead of fighting whether to throw the old ones out as people are arguing with the Constitution. If we interpreted and enforced "religious freedom" fully and consistently, to include and resolve all cases of conflicts BEFORE passing laws, we wouldn't have these arguments over marriage laws or religious freedom restoration as a reaction to ongoing conflicts.
We would have solved the root problem instead of trying to legislate it away.
Emilynghiem,
The First Amendment cannot be in effect if there is a RFRA. The fact that there is any law regarding the First Amendment violates the very first line of the First Amendment: Congress shall make no law....This breakdown rests solely with activist Supreme Courts.
We do not need a national consensus. That violates federalism and is why this country is divided. These are state issues.
And as is the case with all state laws, marriage contract law is the purview of the states to the extent that those laws comply with the Constitution and its case law.
When the people of the states err, and enact measures repugnant to the Constitution, such as laws denying same-sex couples access to state marriage law, the courts appropriately and in accordance with the Constitution and the rule of law invalidate those measures.
This reflects the genius of our Constitutional Republic, and why it is far superior to any democracy: because the citizens of this Republic are subject solely to the rule of law, not men, not ‘majority rule,’ because men are incapable of ruling justly – laws which sought to deny gay Americans their right to equal protection and due process of the law are evidence of that.
This country is divided because of people like you who have destroyed the federalism that was created to prevent a division. That is what reflects the genius of our Constitution, which was based off the reasons for all failed empires and counties, the very failed reasons you promote. As with your other posts, you cannot back it up with a single piece of historical evidence.