Law professor: Slippery slope to legal incest and polygamy

The difference between a marriage of a man and woman and a man and 2 women (or 3 or 4 or 10 or 100) is greater than the difference between the marriage of a man and a woman and a man and a man or a woman and a woman.

The government's obligation is to give equal treatment when the circumstances are similar. It's at least arguable that polygamy is not sufficiently similar to monogamy to require equal treatment.

It is different, somehow, and that proves the government has to step in.

Great argument.

Civil marriage is a function of the law, so of course the government has to 'step in'.

Do you want to argue that equal treatment under the law does not require the circumstances to be similar?

Go ahead.

And you don't trust the public to elect officials to create law, but you do trust that giving 5/9 dictatorial powers over a free country will lead to greater morality.

Or more directly, equal treatment requires identical circumstances. Giving judges the power to decide what's "similar" is giving them absolute power.
 
It is different, somehow, and that proves the government has to step in.

Great argument.

Civil marriage is a function of the law, so of course the government has to 'step in'.

Do you want to argue that equal treatment under the law does not require the circumstances to be similar?

Go ahead.

And you don't trust the public to elect officials to create law, but you do trust that giving 5/9 dictatorial powers over a free country will lead to greater morality.

Or more directly, equal treatment requires identical circumstances. Giving judges the power to decide what's "similar" is giving them absolute power.

Elected officials banned handguns in Chicago, and the 9 dictators said 'No'.

Elected officials banned interracial marriage in many states, and the the 9 dictators said 'No'.

I take it you would then prefer that guns could be banned city by city state by state, and that blacks and whites could be banned from marrying each other state by state.

Why?
 
Man/woman marriage is equal treatment for gays and straights. Both can enter into a man/woman marriage, neither can enter into a single sex marriage. The law is literal, it's not algebra. There are no variables.

But de facto same sex marriage exists a real form of monogamy, whether the law recognizes it or not.

Your argument btw would be the argument why miscegenation laws are constitutional, because they allowed everyone to enter into a same race marriage, but not into an interracial marriage.

In case you're not aware of it, miscegenation laws were struck down as unconstitutional.
It's not quite as simple because everyone is a man or a woman, but not everyone belongs to one race. However, that aside, I'm in an interracial marriage, and I can tell you that in no possible way do I think the ability of judges to create law is what protects me.

You're counting on that if the public is immoral, a few moral people will go to law school, become judges and protect us from ourselves by making moral laws from the bench by decree.

That ... is nuts ...

You took alot of words to dodge my post. Let me boil it down it bit for you...

Why weren't laws against interracial marriage constitutional?
 
If you cannot write a contract that covers the rights of more than two people how do you explain partnership agreements that involve more than two people? They even include clauses that specifically allow for splitting the assets if someone wants to leave the partnership, and they hold up in court even if the split is acrimonious, the same way divorces do. The main reason government gets involved in divorce proceedings is because most people do not sit down and work all this stuff out before they get married. The government should not be writing contracts just because people didn't do it themselves.

You misunderstand. I did not say that it was not possible; I said that it would need to change existing contractual marriage law. That alone makes the 2 issues entirely different. Allowing men to marry other men does not change anything as far as marriages go. Nothing at all. There is not a single difference in your marriage or their marriage. A 3 person marriage though does indeed change how current marriage contractual law would work. It would actually be different or require that current law be changed to incorporate it.

To be honest, I would not care if that is what they did BUT to equate the two concepts is what I have a problem with. They are not the same thing.

The government should require anyone who wants the government to recognize their marriage to have a contract in place before it does so, the same way it does when it recognizes a business. End of problem.

And what have you ACTIVELY and POLICALLY done to make that a reality?
 
You misunderstand. I did not say that it was not possible; I said that it would need to change existing contractual marriage law. That alone makes the 2 issues entirely different. Allowing men to marry other men does not change anything as far as marriages go. Nothing at all. There is not a single difference in your marriage or their marriage. A 3 person marriage though does indeed change how current marriage contractual law would work. It would actually be different or require that current law be changed to incorporate it.

To be honest, I would not care if that is what they did BUT to equate the two concepts is what I have a problem with. They are not the same thing.

The government should require anyone who wants the government to recognize their marriage to have a contract in place before it does so, the same way it does when it recognizes a business. End of problem.

And what have you ACTIVELY and POLICALLY done to make that a reality?

I tell people who need government approval of their relationships how stupid they are.
 
Civil marriage is a function of the law, so of course the government has to 'step in'.

Do you want to argue that equal treatment under the law does not require the circumstances to be similar?

Go ahead.

And you don't trust the public to elect officials to create law, but you do trust that giving 5/9 dictatorial powers over a free country will lead to greater morality.

Or more directly, equal treatment requires identical circumstances. Giving judges the power to decide what's "similar" is giving them absolute power.

Elected officials banned handguns in Chicago, and the 9 dictators said 'No'.

I take it you would then prefer that guns could be banned city by city state by state

No. Think about what you just said. You are crying about how government has long power. Federal versus State government power and Government versus the rights of the People are fundamentally different things. You're still just crying about lost government power.

and that blacks and whites could be banned from marrying each other state by state.

Why?

Power divided is power checked. I would be for a Constitutional Amendment. But the price of the Federal government making up powers for themselves is far more dangerous. I'll live in a State that allows interracial marriage in the mean time. BTW, my wife is Korean, not black. Not that it matters.
 
And you don't trust the public to elect officials to create law, but you do trust that giving 5/9 dictatorial powers over a free country will lead to greater morality.

Or more directly, equal treatment requires identical circumstances. Giving judges the power to decide what's "similar" is giving them absolute power.



No. Think about what you just said. You are crying about how government has long power. Federal versus State government power and Government versus the rights of the People are fundamentally different things. You're still just crying about lost government power.

and that blacks and whites could be banned from marrying each other state by state.

Why?

Power divided is power checked. I would be for a Constitutional Amendment. But the price of the Federal government making up powers for themselves is far more dangerous. I'll live in a State that allows interracial marriage in the mean time. BTW, my wife is Korean, not black. Not that it matters.

So you would prefer that state and local governments could ban firearms legislatively or not?

That's a yes or no question.
 
The government should require anyone who wants the government to recognize their marriage to have a contract in place before it does so, the same way it does when it recognizes a business. End of problem.

And what have you ACTIVELY and POLICALLY done to make that a reality?

I tell people who need government approval of their relationships how stupid they are.

You need your own planet.
 
There are two ways to skin the cat.

1) Government decides what "marriage" is

2) The participants do

To say man/woman or two "people" is government deciding.

You cannot say you support gay marriage because government should not decide, but then say that it's two people, government decided that. But government can't decide it's man woman. You can say you support that, but you can't play the game of saying there's an inherent right in gay marriage even if government says no, but there is no inherent right to polygamy. Or a marriage of one.

Either government decides, or the people do.

The difference between a marriage of a man and woman and a man and 2 women (or 3 or 4 or 10 or 100) is greater than the difference between the marriage of a man and a woman and a man and a man or a woman and a woman.

The government's obligation is to give equal treatment when the circumstances are similar. It's at least arguable that polygamy is not sufficiently similar to monogamy to require equal treatment.

Man/woman marriage is equal treatment for gays and straights. Both can enter into a man/woman marriage, neither can enter into a single sex marriage. The law is literal, it's not algebra. There are no variables.

There is no ‘man/woman’ marriage, there is only marriage law, recognizing two equal partners entering into a contract of mutual commitment with the state, where the doctrine of coverture has long been abandoned by all the states as a component of marriage. See: Hollingsworth v. Perry.

Same-sex couples meet the two equal partners requirement of marriage, there is consequently no rational, factual basis to justify the violation their equal protection right to enter into a marriage contract with the state.
 
The government should require anyone who wants the government to recognize their marriage to have a contract in place before it does so, the same way it does when it recognizes a business. End of problem.

And what have you ACTIVELY and POLICALLY done to make that a reality?

I tell people who need government approval of their relationships how stupid they are.

It's all about the money.
The homos just want the rest of us to affirm their "lifestyle" and hand over money.
 
If you are trying to point out your mind reading skills you are failing.

Mathew 7:21-25

Not every one that saith unto me, Lord, Lord, shall enter into the kingdom of heaven; but he that doeth the will of my Father which is in heaven. Many will say to me in that day, Lord, Lord, have we not prophesied in thy name? and in thy name have cast out devils? and in thy name done many wonderful works? And then will I profess unto them, I never knew you: depart from me, ye that work iniquity.

Therefore whosoever heareth these sayings of mine, and doeth them, I will liken him unto a wise man, which built his house upon a rock: And the rain descended, and the floods came, and the winds blew, and beat upon that house; and it fell not: for it was founded upon a rock.

I'll ask again. Who were you implying were not real Christians?

I didn't imply anything, I explained what actually makes a person a Christian. Unless you are claiming to be a Christian it doesn't even apply to you, stop taking everything personally.

Why don't you want to explain the statement you made. Why did you make the comment if you're not willing to stand by it. Who is it that you don't believe are "real Christians"?
 
There are two ways to skin the cat.

1) Government decides what "marriage" is

2) The participants do

To say man/woman or two "people" is government deciding.

You cannot say you support gay marriage because government should not decide, but then say that it's two people, government decided that. But government can't decide it's man woman. You can say you support that, but you can't play the game of saying there's an inherent right in gay marriage even if government says no, but there is no inherent right to polygamy. Or a marriage of one.

Either government decides, or the people do.

The difference between a marriage of a man and woman and a man and 2 women (or 3 or 4 or 10 or 100) is greater than the difference between the marriage of a man and a woman and a man and a man or a woman and a woman.

The government's obligation is to give equal treatment when the circumstances are similar. It's at least arguable that polygamy is not sufficiently similar to monogamy to require equal treatment.

Man/woman marriage is equal treatment for gays and straights. Both can enter into a man/woman marriage, neither can enter into a single sex marriage. The law is literal, it's not algebra. There are no variables.

The same "math" was argued in Loving v Virginia. It was argued that interracial marriage laws did not discriminate because they applied equally to men and women of all races. How did that argument go?
 
And what have you ACTIVELY and POLICALLY done to make that a reality?

I tell people who need government approval of their relationships how stupid they are.

It's all about the money.
The homos just want the rest of us to affirm their "lifestyle" and hand over money.

Nope...it's all about the equality. You want to stop the cash and prizes for all marriages, go right ahead. We'll still want equal protection under the law.
 
Do you honestly believe that there are not people out there who want incestuous marriages? Polygamous marriages? And so forth? Why will their claims be inferior to those demanding same sex marriages? Once the precedent is established that marriage can mean whatever anyone wants, then that has to go for everyone. There is no limiting principle.

The 2012 Libertarian Party Platform in section 1.3, “Personal Relationships”:

Sexual orientation, preference, gender, or gender identity should have no impact on the government’s treatment of individuals, such as in current marriage, child custody, adoption, immigration or military service laws. Government does not have the authority to define, license or restrict personal relationships. Consenting adults should be free to choose their own sexual practices and personal relationships.

.
 
Do you honestly believe that there are not people out there who want incestuous marriages? Polygamous marriages? And so forth? Why will their claims be inferior to those demanding same sex marriages? Once the precedent is established that marriage can mean whatever anyone wants, then that has to go for everyone. There is no limiting principle.

The 2012 Libertarian Party Platform in section 1.3, “Personal Relationships”:

Sexual orientation, preference, gender, or gender identity should have no impact on the government’s treatment of individuals, such as in current marriage, child custody, adoption, immigration or military service laws. Government does not have the authority to define, license or restrict personal relationships. Consenting adults should be free to choose their own sexual practices and personal relationships.

.

I will have to disagree with the Libertarian Party platform in regards to military service regardless of gender identity. The medication required for transition makes the individual incompatible with military service and unrestricted worldwide assignment.
 
The difference between a marriage of a man and woman and a man and 2 women (or 3 or 4 or 10 or 100) is greater than the difference between the marriage of a man and a woman and a man and a man or a woman and a woman.

The government's obligation is to give equal treatment when the circumstances are similar. It's at least arguable that polygamy is not sufficiently similar to monogamy to require equal treatment.

Man/woman marriage is equal treatment for gays and straights. Both can enter into a man/woman marriage, neither can enter into a single sex marriage. The law is literal, it's not algebra. There are no variables.

The same "math" was argued in Loving v Virginia. It was argued that interracial marriage laws did not discriminate because they applied equally to men and women of all races. How did that argument go?

You keep beating that one note, girl.
Black men and white men should have the same rights. Men and women should have the same rights. Gays and straights should have the same rights. And currently they all do.
What gays want are special rights.
 
Man/woman marriage is equal treatment for gays and straights. Both can enter into a man/woman marriage, neither can enter into a single sex marriage. The law is literal, it's not algebra. There are no variables.

The same "math" was argued in Loving v Virginia. It was argued that interracial marriage laws did not discriminate because they applied equally to men and women of all races. How did that argument go?

You keep beating that one note, girl.
Black men and white men should have the same rights. Men and women should have the same rights. Gays and straights should have the same rights. And currently they all do.
What gays want are special rights.

If by "beating the same drum", you mean pointing out the startling similarities between the arguments used to try to keep blacks from marrying whites, and the current attempt to keep gays and lesbians from equal access to civil marriage laws, yes I will keep beating.

I enjoy pointing out how wrong they were in regards to history (even though they were in a 70% majority) and delight in how bigots like you will be judged historically.
 

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