Ray From Cleveland
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- Aug 16, 2015
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Nor does it have a thing to do with the 'religious rite'. But the socially recognized legal contract of marriage? That's a different story. That's not religious. That's civil. Any church can still deny the validity of any marriage they don't agree with. Catholics can refuse to accept that same sex marriages are marriages under Catholic law for example.
But under civil law they're as valid as a marriage of a man and a woman. And civil law is not subordinate to religion. But autonomous of it.
And you don't seem to understand the difference between rights and powers. Rights are freedoms from government action. Powers are actions the government can take. You're insisting that rights can never override powers. And that's obviously horseshit. They can and in most cases, should.
There is the civil equivalent: marriage.
No marriage existed as a religious right long before secular governments even existed.
So? What's your point? Religious law was civil law long before secular governments even existed too. Priests could summarily have you executed for heresy answerable to no one but the church. Churches used to keep birth, tax and death records too.
We've moved on.
Government has no business in it, never did, never will.
Nonsense. You're simply stating your opinion. You're not giving us a why. Why shouldn't the government recognize marriage? Why shouldn't it protect it? Why shouldn't secular law define it under the law?
Again, religious laws are completely intact. Catholics don't have to recognize a couple married under secular law as married under Catholic law. Neither do Muslims, Mormons, Jedi, or Pastafarians.
If they want a non-secular equivalent, then use what we already have...civil unions...and make them legally identical. Not rocket surgery...if you want to provide true equality rather than division and strife.
We have a non-secular equivalent: marriage. And if civil unions are genuinely identical....why the need for them?
Simple: they aren't equal. Which is the point. Separate but equal has a lousy track record. If marriage and civil unions were genuinely identical there would be no need for the distinction.
Your solution is complicated, pointless, duplicitous, and completely unnecessary. Which is why weren't not using it.
Yeah, it only honors that 1st Amendment thingy....you know " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;"....which is exactly what they did when they got their butts involved in the religious rite of marriage. (I have been getting a giggle over your obvious confusion over a "rite" and a "right"). According to your own words, the 14th Amendment makes the 1st Amendment binding on the States...so there ya go.
This entire debate....and all the division, ugliness and bullshit it has caused and still is causing...is what is pointless and could have been easily avoided by simply giving civil unions the same legal rights as marriage. But that's what big government does to protect us...they over-complicate things to the point where we are at each other's throats.
Well Civil Unions didn't work. After all, who complained the most about not being able to get married? The people in California who had civil unions.
The Civil Unions didn't work because they weren't identical. Again, your argument is inherently self defeating. As if Civil Unions were genuinely identical to marriage....then there's need for Civil Unions. As marriage is identical to it. Thus, the secular equivalent of marriage....is marriage.
Its only when Civil Unions are NOT equal that your argument works. And of course, that inequality dooms Civil Unions just as thoroughly.
This has less to do with happiness, equal rights, or even government benefits. What this really has to do with is rejection. Some gays have always felt rejection of society no matter what we changed for them in the past. In their minds, if they can force marriage upon society, then it makes them feel like society accepts them better. There is no truth to that of course, but that's how they think.
It has to do with equal rights and equal benefits. With same sex couples demanding (and realizing) their marriages be treated equally under the law to opposite sex marriages.
Let me put it this way: if there were no such thing as marriage in our country, would the gays be any less happier today not being married? Of course not. The only real reason they wanted to be married in the first place is because normal people were able to.
If there were no marriage in this country then there would be no benefits associated with marriage. Legally, people could never become family to one another outside of adoption or direct relation. Marriage provides a legal way to do this. Allowing a couple (same sex or opposite sex) to become family to one another. And to enjoy all the rights and priveledges associated with that legal connection.
Given that this legal capacity does exist, of course same sex couples would want access to it.
Besides the fact that Civil Unions didn't entail the invasion of normal people's marriage, what is the difference? What could married people do that others in civil unions couldn't do that a good lawyer could straighten out?
And here we go.....right back down to government benefits. It seems that was the courts main issue--not the problem of being right or wrong. And speaking of rights, it's those government goodies that made marriage a right as well; not that I agree with it of course because single people don't have those government benefits, therefore single people are being denied rights.
But even if we got rid of government benefits in marriage--all benefits, how much would you bet that gays would still be complaining that they couldn't get married?