Boss
Take a Memo:
- Thread starter
- #641
So was the thread title 'Killing Homosexual Marriage' was just more 'sarcasm'?You've not won anything from what I can tell. You haven't answered the man's question. You keep dismissing him as making a straw man argument but I think he raised a legitimate point.
Of course you think he raised a 'legitimate point'.
You also believe that gay men are going to try to pass legislation allowing them to force you to have sex with them in public.
You raise stupid points- like this thread- about how you are willing to kill marriage in order to kill marriage for homosexuals.
Pop talks about one thing- in every thread- incestuous marriage. That issue of course has absolutely nothing to do with your OP or thread- but Pop dragged his straw man in here as he drags it everywhere with him.
When I see Pop interested in anything like an actual dialogue, I will participate- but since he keeps insisting that the ONLY reason for banning sibling marriage is the issue of procreation- and then ignores every other reason- he is just here to drag his straw man around.
You also believe that gay men are going to try to pass legislation allowing them to force you to have sex with them in public.
And the context of that statement was sarcasm. You know this, everyone who read it knew this. Now that it's inconvenient for people to go search for the comment, you present it as an attempt to smear and jeer, like the dishonest piece of trash you are. It's why the majority of what you post should simply be ignored.
You raise stupid points- like this thread- about how you are willing to kill marriage in order to kill marriage for homosexuals.
I have NEVER said that I want to kill marriages.
So was the thread title 'Killing Homosexual Marriage' was just more 'sarcasm'?
I want to end state recognition of marriages and I believe that will be done soon in my state and others.
Not by SB377. Contracts of marriage are recognized by Alabama as legal records of marriage and stored with the Department of Health. No where in SB377 does it say that Alabama will no longer recognize marriage or that it won't recognize marriage from other states.
You just made that shit up.
Nope... I do want to kill homosexual marriage.
Not by SB377
Well, nothing will be done by SB377 since it failed to get super majority vote. Sorry you wasted your time memorizing all aspects of it. The bill that eventually does pass will be completely different but will undoubtedly address the various legal entanglements regarding contract law and probate as well as vital records. I can't imagine them failing to deal with that in any legislation.
It will end the state sanctioning of marriage and thus, recognition of it. Statutory requirements of contract law which have always existed will still exist, have nothing to do with what the state formally recognizes or sanctions in an official capacity. Yes, they will still have to perform divorces for gay couples... that is not the State recognizing gay marriage.
The problem is, you are trying to take this from one extreme to another. You are claiming that anything short of completely ignoring something and acting like it doesn't exist, constitutes recognition. The State is bound to uphold the Constitution and rule of law, including contractual law, including contractual law from other states. That is NOT THE ISSUE! The State was obligated to do this BEFORE gay marriage! It's impossible for them to pass ANY legislation to absolve themselves from this obligation.
To Boss Man and all of those who still insist that government can be divorced from marriage, this is the reason why it is not happening. The real issue is not whether or not there is a right to marry, it is about equal protection under the law, as well as religious discrimination. Feel free to comment:
So far we have established two things on this thread:
Now the question on the table is “Can government from a strictly legal standpoint actually abolish legal marriage? To put it differently, do people have a “right to marriage?” under the constitution? Now, we know that while there is no mention of marriage in the constitution or any of the amendments, the SCOTUS has ruled on numerous occasions that marriage is a “fundamental right” in cases that sought to secure the rights of individual couples to marry, where the states sought to exclude them for various reasons. But are those rulings the same as saying that marriage generally speaking is a right? I will concede that the answer is probably not. But, don’t start dancing for joy just yet
- The legal question of same sex marriage is settled, at least for now
- Most or all of those who were pushing to get government out of marriage before Obergefell, and continue to now are doing so for the purpose of thwarting government recognition of same sex marriage
The fact is, that while you might be able to question the right to marriage, you cannot you cannot question the right to be treated equally and as long as some people are allowed to marry and reap the benefits of it, then others must also be allowed to marry- in the absence of a compelling government interest in preventing a particular group of class of people from doing so. That my friends is the rub-getting from where we are now, to a point where no one is able to marry nationwide or, at minimum, where everyone is treated equally by the federal government regardless of marital status in any particular state.
To do that, and thus avoid running afoul of the equal protection clause of the 14th Amendment one of two things would have to happen. 1) All states would have to simultaneously end legal marriage-including the marriages that are already in place- so as everyone, regardless of their home state would be equally deprived of federal benefits or 2) the federal government would have to end all of the benefits of marriage. In either case, it would result in no one being able to say that they are being treated unequally either by their state or by the federal government.
Now let’s consider the first scenario more closely. How exactly is that going to happen? I contend that it can’t Common sense will tell you that 50 states are not going to coordinate such legislation, even if there were popular support to do so, which there would not be. You might say that it could be enacted on the federal level-perhaps as a constitutional amendment banning all marriage. However, that is equally unlikely to happen. In addition, it is the same people who screamed about federal medaling in states affairs when it was about same sex marriage, are likely to have a problem with this as well-the ultimate act of melding.
And, what is to be done about all of the people who are already married? Unless those marriages can be invalidated, you will still have a problem of inequality –between those married people and the ones who wish to marry both for federal and state benefits.
Now for scenario two. Since getting all states to abolish marriage is not practical and most likely not even doable, we turn to the possibility of the abolishing of all federal benefits and all mention of marriage in the tax codes or any other federal legislation. That way people in states that have in fact abolished marriage will not have a case for being treated unequally. That too seems like a real long shot, but perhaps not quite as much as getting all states to abolish marriage and to invalidate existing marriages. However, consider the infamous Washington gridlock when it comes to far less drastic and controversial matters, couples with what is sure to be considerable opposition from those on both the left and the right. It seems to me that anyone pushing either of these proposals would in fact be committing political suicide.
Lastly, there are those who are pushing for state sanctioned unions to be called civil unions. Those folks do not seem to have a problem with government involvement in, and regulation of relationships as long as they are not called “ Marriage” To be married they contend, people would have to go to a religious institution. Let’s think about that. First, you are again running into a problem with federal benefits since the federal government does not recognize civil unions for that purpose. The same would be true of “private contracts. OK, you might be able to get federal laws changed to address that, although it is also a long, long shot and there are many different statutes that would have to be changed.
But even if you were successful, there is another problem not fixable through legislation. That is the religious aspect of it. Many people consider “marriage “ to be more than a religious matter and many more don’t consider it to be religious at all but want to be able to call their union marriage for the status that it conveys and the fact that "marriage" is a term that is universally understood. If it were necessary to submit to a religious institution in order to be married, it’s apparent that non-religious people would have a first Amendment claim for religious discrimination.
Ladies and gentlemen, quite apart from all of the other reason’s that I have presented to show why to try to get government out of marriage is an ill-conceived idea, I submit to you that there is no way of doing it without running afoul of the constitution either on the basis of the 14th or the first amendment. Feel free to try and prove me wrong.
What has been proposed in Alabama is not an inequity to anyone. You can continue to make arguments that are now obsolete, the argument is over and your side prevailed. The State cannot discriminate against same-sex couples. If there is any benefit, licensing or sanctioning for traditional marriage it now has to also include homosexual marriage.
However.... nothing in our Constitution requires the State to sanction any marriage. Nothing requires the State to offer benefits to married couples. Problems the Federal government may have are not the concern of the State nor is the State obligated to find a remedy for their problems.