The Evidence Supporting Prop 8 As Law In California Becomes Overwhelming

No, I want to legally marry the consenting adult of my choice. It won't be "special" since you would be able to as well.

No one was stopping you from doing that. It's the government validation and handouts you wanted. Not for everyone who doesn't get them now, just for yourself.


You realize that is not a logical statement. There are 37 states that prevent same-sex couples from entering into a legally valid Civil Marriage.


>>>>

No, 37 governments didn't recognize same-sex marriage as marriage. They did nothing to stop the same-sex couple from considering their union marriage.

Now it's not even marriage to you unless government says it's marriage. That's not the norm in history, nobody considered that government had any say in the matter.

Government marriage is about validation and perks. Government has nothing to do with relationships between citizens.
 
No one was stopping you from doing that. It's the government validation and handouts you wanted. Not for everyone who doesn't get them now, just for yourself.


You realize that is not a logical statement. There are 37 states that prevent same-sex couples from entering into a legally valid Civil Marriage.


>>>>

No, 37 governments didn't recognize same-sex marriage as marriage. They did nothing to stop the same-sex couple from considering their union marriage.

Now it's not even marriage to you unless government says it's marriage. That's not the norm in history, nobody considered that government had any say in the matter.

Government marriage is about validation and perks. Government has nothing to do with relationships between citizens.

So take away the goodies. We still want EQUAL access until you do. (And you don't mind that we won't hold our breath for that legislation either, do you?)
 
No one was stopping you from doing that. It's the government validation and handouts you wanted. Not for everyone who doesn't get them now, just for yourself.


You realize that is not a logical statement. There are 37 states that prevent same-sex couples from entering into a legally valid Civil Marriage.


>>>>

No, 37 governments didn't recognize same-sex marriage as marriage. They did nothing to stop the same-sex couple from considering their union marriage.

Which is what I said, 37 states deny legal Civil Marriage, therefore in those states those are the the only legal marriages.

Now it's not even marriage to you unless government says it's marriage.

Correct, it's not a Civil Marriage unless recognized by the government. "Civil" as under the laws of the government.

That's not the norm in history, nobody considered that government had any say in the matter.

Ah, that changed about 500 years ago in this country as colonist wrote marriage laws into secular law. So the norm in this country for quite some time is that Civil Marriage is that recognized by government entities under the law.

Government marriage is about validation and perks. Government has nothing to do with relationships between citizens.

That may be true and is something that we heterosexuals have written into the secular law for hundreds of years.

So all those different-sex Civil Marriages are about nothing but validation and perks?


>>>>
 
you have equality. What you want is special treatment.

No, I want to legally marry the consenting adult of my choice. It won't be "special" since you would be able to as well.

No one was stopping you from doing that. It's the government validation and handouts you wanted. Not for everyone who doesn't get them now, just for yourself.

And?

Citizens aren’t required to ‘justify’ the exercising a fundamental right as a ‘prerequisite’ for doing so.

Equal protection doctrine is all-inclusive; same-sex couples are just as entitled to ensure their families are financially secure as any other family, by any legal means available.
 
No, I want to legally marry the consenting adult of my choice. It won't be "special" since you would be able to as well.

No one was stopping you from doing that. It's the government validation and handouts you wanted. Not for everyone who doesn't get them now, just for yourself.

And?

Citizens aren’t required to ‘justify’ the exercising a fundamental right as a ‘prerequisite’ for doing so.

Equal protection doctrine is all-inclusive; same-sex couples are just as entitled to ensure their families are financially secure as any other family, by any legal means available.
Try buying a gun in the state of new york or California and you'll find out yea, your rights are compromised. you don't have the same rights to you constitutional rights as more progressive thinking states.
 
Because polygamy is currently illegal. Is being gay? Is discrimination based on gender legal?

Oh, suddenly you're all about following the law. Yet in California where the law says "no gay marriage" you push for disobedience. My how progressive you are, stepping on the necks of 7 million voters, the CA initiative system, while being upset about voting rights being suppressed. Your deviant sexual subculture celebrates illegal and shady manuevers to force its agenda into marriage and ultimately into the eyes and minds of children thereby. Yet at the same time you profess "polygamy is illegal!" What is polygamy other than one persons' sexual preference for more than one partner at a time and then falling in love with those partners? How is that different from what it is that gays do from a purely "anything goes" attitude towards sexual/marital relationships your side always spouts about?

You’re making the mistake of comparing two completely different issues, plural marriage and equal protection rights for same-sex couples.

Unlike polygamy, all current marriage law can accommodate same-sex couples.

That’s one of many reasons why Proposition 8 was invalidated, it lacked a rational basis, there was no objective, documented evidence in support of disallowing same-sex couples access to marriage law that they were already eligible to access.
 
You realize that is not a logical statement. There are 37 states that prevent same-sex couples from entering into a legally valid Civil Marriage.


>>>>

No, 37 governments didn't recognize same-sex marriage as marriage. They did nothing to stop the same-sex couple from considering their union marriage.

Which is what I said, 37 states deny legal Civil Marriage, therefore in those states those are the the only legal marriages.



Correct, it's not a Civil Marriage unless recognized by the government. "Civil" as under the laws of the government.

That's not the norm in history, nobody considered that government had any say in the matter.

Ah, that changed about 500 years ago in this country as colonist wrote marriage laws into secular law. So the norm in this country for quite some time is that Civil Marriage is that recognized by government entities under the law.

Government marriage is about validation and perks. Government has nothing to do with relationships between citizens.

That may be true and is something that we heterosexuals have written into the secular law for hundreds of years.

So all those different-sex Civil Marriages are about nothing but validation and perks?


>>>>

Blacks were told to use different drinking fountains, bathrooms, schools, sit on a different part of the bus, ... The 14th said you can't do that. That is what the 14th says government can't do. Gays on the other hand can marry exactly the same people as straights.

From a legal standard, the 14th doesn't apply for that reason in any way, shape or form. To argue it does is beyond spin, it's a baseless, agenda driven argument to ignore the law.

From a fairness standpoint, it's a job for the legislature. Take it there. I'm sick of your stupid, vacuous arguments justifying that we should be a dictatorship and the courts job is to make life fair. Life isn't fare, and the courts aren't fair. Grow up.

Word.
 
You’re making the mistake of comparing two completely different issues, plural marriage and equal protection rights for same-sex couples.

Unlike polygamy, all current marriage law can accommodate same-sex couples.

That’s one of many reasons why Proposition 8 was invalidated, it lacked a rational basis, there was no objective, documented evidence in support of disallowing same-sex couples access to marriage law that they were already eligible to access.
No, no marriage law in California supports either one. "Between a man and a woman" supports neither polygamy nor gay marriage.

Don't tell me that your lower court ruling is superior to CA's recently Upheld and reaffirmed retroactive constitutional right to consensus on gay marriage either. We put that one to bed. Prop 8 is the law of the land and gay marriage has never been legal in CA. Neither has polygamy. Whether or not people have been pretending to marry in that state is immaterial; it is ILLEGAL and those marriages will be exposed for the sham they are. Like I've said a dozen times now: if you're playing make believe gay marriage in CA, consult your attorney with the DOMA Opinion in hand. Then make reservations for a plane flight to one of the 12 states only that SCOTUS recognizes as having legal gay marriage.

Polygamy is simply the desire to wed and bed more than one person. Homosexuality is the desire to wed and bed the same gender. Both are considered aberrent "marriages" in our nation by and large. We states have a right to describe marriage since the dawn of our nation. Any exceptions to that only involve race, not behaviors.

The simple fact is, is that gays want to discriminate against certain sexual practices, like polygamy, while seeking full status and legitimacy for their own in marriage. Can't have it both ways.
 
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It does seem to me like the prop 8 decision hurt the democratic process in California, and perhaps throughout the US. Ironic that Scalia made a lot of noises about Democracy in Doma case but stabbed Democracy in Prop8 case. you have to wonder if he really isnt chuckling to himself about the results
 
Queers deserve equal rights, but not special rights. Legal unions or special POAs, I can tolerate, but I don't like calling it a marriage.

This issue is about secular cash and prizes bestowed by the secular government on secular marriages. What the hell are you doing dragging your religion into it? Stop making your religious belief the opinion of a political party. It's a dangerously stupid tactic. Your religion will just get dragged down with the party's superannuated polity.
 
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Don't tell me that your lower court ruling is superior to CA's recently Upheld and reaffirmed retroactive constitutional right to consensus on gay marriage either. We put that one to bed. Prop 8 is the law of the land and gay marriage has never been legal in CA.


That is false. Legal Same-sex Civil Marriage performed in June, July, August, September, October, and prior to November 5th are still legal in California.

As previously pointed out to you, the California Constitution requires that all Amendments are effective the day after the election unless another date is specified, Prop 8 contained no such provision therefore it only became effective November 5th, 2008 and later.

So according to California law, ya - they are still valid.

Glad we could put that to bed.


>>>>
 
No, 37 governments didn't recognize same-sex marriage as marriage. They did nothing to stop the same-sex couple from considering their union marriage.

Which is what I said, 37 states deny legal Civil Marriage, therefore in those states those are the the only legal marriages.



Correct, it's not a Civil Marriage unless recognized by the government. "Civil" as under the laws of the government.



Ah, that changed about 500 years ago in this country as colonist wrote marriage laws into secular law. So the norm in this country for quite some time is that Civil Marriage is that recognized by government entities under the law.

Government marriage is about validation and perks. Government has nothing to do with relationships between citizens.

That may be true and is something that we heterosexuals have written into the secular law for hundreds of years.

So all those different-sex Civil Marriages are about nothing but validation and perks?


>>>>

Blacks were told to use different drinking fountains, bathrooms, schools, sit on a different part of the bus, ... The 14th said you can't do that. That is what the 14th says government can't do. Gays on the other hand can marry exactly the same people as straights.

From a legal standard, the 14th doesn't apply for that reason in any way, shape or form. To argue it does is beyond spin, it's a baseless, agenda driven argument to ignore the law.

From a fairness standpoint, it's a job for the legislature. Take it there. I'm sick of your stupid, vacuous arguments justifying that we should be a dictatorship and the courts job is to make life fair. Life isn't fare, and the courts aren't fair. Grow up.

Word.


You realize that the same argument you present was used by Virginia in the Loving v. Virginia case - that all coloreds and whites were treated equally under the law because they couldn't marry each other. Both treated the same. How well did it work then?


>>>>
 
Blacks were told to use different drinking fountains, bathrooms, schools, sit on a different part of the bus, ... The 14th said you can't do that. That is what the 14th says government can't do. Gays on the other hand can marry exactly the same people as straights.

From a legal standard, the 14th doesn't apply for that reason in any way, shape or form. To argue it does is beyond spin, it's a baseless, agenda driven argument to ignore the law.

From a fairness standpoint, it's a job for the legislature. Take it there. I'm sick of your stupid, vacuous arguments justifying that we should be a dictatorship and the courts job is to make life fair. Life isn't fare, and the courts aren't fair. Grow up.

Word.


You realize that the same argument you present was used by Virginia in the Loving v. Virginia case - that all coloreds and whites were treated equally under the law because they couldn't marry each other. Both treated the same. How well did it work then?


>>>>

You have a fundamental choice if you want to live in a free country or a dictatorship. A free country is work, so you just want to take a short cut. The cost of that short cut is astronomical.

As to your ridiculous Loving argument. I'll assume you're a straight, white man. If Steve is exactly like you, except he's black, then in Virginia in the early sixties then government did not allow you and Steve to marry the people. That is unequal treatment.

Today in a State that does not have gay marriage, if Steve is like you in every way except he's gay, you and Steve can marry the exact same people. That is equal treatment. If government said gays cannot enter in a man-woman marriage, you'd have an argument. But they don't, so you don't. Steve could also have a gay government marriage if you got off your lazy ass and convinced people to convince the legislature to create gay marriage.

Running to the courts to create gay marriage is as lame as your arguments are.
 
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Blacks were told to use different drinking fountains, bathrooms, schools, sit on a different part of the bus, ... The 14th said you can't do that. That is what the 14th says government can't do. Gays on the other hand can marry exactly the same people as straights.

From a legal standard, the 14th doesn't apply for that reason in any way, shape or form. To argue it does is beyond spin, it's a baseless, agenda driven argument to ignore the law.

From a fairness standpoint, it's a job for the legislature. Take it there. I'm sick of your stupid, vacuous arguments justifying that we should be a dictatorship and the courts job is to make life fair. Life isn't fare, and the courts aren't fair. Grow up.

Word.


You realize that the same argument you present was used by Virginia in the Loving v. Virginia case - that all coloreds and whites were treated equally under the law because they couldn't marry each other. Both treated the same. How well did it work then?


>>>>

You have a fundamental choice if you want to live in a free country or a dictatorship. A free country is work, so you just want to take a short cut. The cost of that short cut is astronomical.

As to your ridiculous Loving argument. I'll assume you're a straight, white man. If Steve is exactly like you, except he's black, then in Virginia in the early sixties then government did not allow you and Steve to marry the people. That is unequal treatment.

Today in a State that does not have gay marriage, if Steve is like you in every way except he's gay, you and Steve can marry the exact same people. That is equal treatment. If government said gays cannot enter in a man-woman marriage, you'd have an argument. But they don't, so you don't. Steve could also have a gay government marriage if you got off your lazy ass and convinced people to convince the legislature to create gay marriage.

Running to the courts to create gay marriage is as lame as your arguments are.

The fifth, and final, argument judges would use to justify miscegenation law was undoubtedly the most important; it used these claims that interracial marriage was unnatural and immoral to find a way around the Fourteenth Amendment's guarantee of "equal protection under the laws." How did judges do this? They insisted that because miscegenation laws punished both the black and white partners to an interracial marriage, they affected blacks and whites "equally." This argument, which is usually called the equal application claim, was hammered out in state supreme courts in the late 1870s, endorsed by the United States Supreme Court in 1882, and would be repeated by judges for the next 85 years.

Why the Ugly Rhetoric Against Gay Marriage Is Familiar to this Historian of Miscegenation

Bigot redo...
 
Blacks were told to use different drinking fountains, bathrooms, schools, sit on a different part of the bus, ... The 14th said you can't do that. That is what the 14th says government can't do. Gays on the other hand can marry exactly the same people as straights.

From a legal standard, the 14th doesn't apply for that reason in any way, shape or form. To argue it does is beyond spin, it's a baseless, agenda driven argument to ignore the law.

From a fairness standpoint, it's a job for the legislature. Take it there. I'm sick of your stupid, vacuous arguments justifying that we should be a dictatorship and the courts job is to make life fair. Life isn't fare, and the courts aren't fair. Grow up.

Word.


You realize that the same argument you present was used by Virginia in the Loving v. Virginia case - that all coloreds and whites were treated equally under the law because they couldn't marry each other. Both treated the same. How well did it work then?


>>>>

You have a fundamental choice if you want to live in a free country or a dictatorship. A free country is work, so you just want to take a short cut. The cost of that short cut is astronomical.

As to your ridiculous Loving argument. I'll assume you're a straight, white man. If Steve is exactly like you, except he's black, then in Virginia in the early sixties then government did not allow you and Steve to marry the people. That is unequal treatment.

Today in a State that does not have gay marriage, if Steve is like you in every way except he's gay, you and Steve can marry the exact same people. That is equal treatment. If government said gays cannot enter in a man-woman marriage, you'd have an argument. But they don't, so you don't. Steve could also have a gay government marriage if you got off your lazy ass and convinced people to convince the legislature to create gay marriage.

Running to the courts to create gay marriage is as lame as your arguments are.

#1

I'm sorry, your argument makes no logical sense and is simply a repeat of what the State of Virginia attempted to argue in the Loving case.

1. Virginia argued that each person could marry the same people, just that those people had to be of the same race. The SCOTUS didn't buy it.

2. Now the argument is that each person can marry the same people, just that those people have to be of different genders.​

In your logic you are saying that government discrimination (with no compelling reason) by race was recognized as bad, but that government discrimination by gender (with no compelling reason) is acceptable. California overturned it's anti-miscegenation (IIRC) in 1948 and the Loving case wasn't (again IIRC) until 1968 - 20 years.

The Massachusetts became the first state to accept SSCM in 2004 and it's not 2014 yet, so on that time line we're not halfway through the process yet. I suspect the SCOTUS will continue to attempt to dodge cases for the next 5-10 years to allow more States time to pass SSCM and to allow the country as a whole to reach some "critical mass" before taking a case directly on the issue.

**********************************

#2

Now as to my personal opinion (as a white, straight male) I'm fine with the status quo. States oversee Civil Marriage as I don't see it as a federal function. The Federal Government recognizes all Civil Marriages entered into under State Civil Law equally.

The majority of legal entities that now recognize SSCM have done so either through (a) legislative repeal of prior discriminatory laws, or (b) through voter referendum to repeal such laws. That trend is likely to continue with more States joining the non-discrimination side of the equation. I'm fine with that.

Even though that is my personal opinion, that doesn't mean I don't recognize and understand that differentiating support for discrimination based on biology (race v. gender) with no compelling government interest is inconsistent when some say - when it was blacks it was wrong but when it's based on gender it's OK. Doesn't make sense.



>>>>
 
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You realize that the same argument you present was used by Virginia in the Loving v. Virginia case - that all coloreds and whites were treated equally under the law because they couldn't marry each other. Both treated the same. How well did it work then?


>>>>

You have a fundamental choice if you want to live in a free country or a dictatorship. A free country is work, so you just want to take a short cut. The cost of that short cut is astronomical.

As to your ridiculous Loving argument. I'll assume you're a straight, white man. If Steve is exactly like you, except he's black, then in Virginia in the early sixties then government did not allow you and Steve to marry the people. That is unequal treatment.

Today in a State that does not have gay marriage, if Steve is like you in every way except he's gay, you and Steve can marry the exact same people. That is equal treatment. If government said gays cannot enter in a man-woman marriage, you'd have an argument. But they don't, so you don't. Steve could also have a gay government marriage if you got off your lazy ass and convinced people to convince the legislature to create gay marriage.

Running to the courts to create gay marriage is as lame as your arguments are.

#1

I'm sorry, your argument makes no logical sense and is simply a repeat of what the State of Virginia attempted to argue in the Loving case.

1. Virginia argued that each person could marry the same people, just that those people had to be of the same race. The SCOTUS didn't buy it.


That "just" is what fundamentally changes the entire argument. They didn't argue the same thing. Black Steve could not marry the same people white you can. No buts. Gay Steve can. No buts. You have no argument.

And as I keep pointing out, the price you pay to create the dictatorship you chose to help create destroys us in oh so many more ways than the lazy short cut you get out of it. It is for that reason that while I'm pro-choice, I abhor Roe v. Wade as the Constitutional abomination that it is. There is no Constitutional authority, therefore the Feds have zero say in abortion yea or nay.

If you truly grasped the consequences of what you are arguing, you would never want the courts to create law ever. They will match one "fair" law created with many more unfair ones just to exercise their power. You cannot both enable them to create laws you like and prevent them from creating whatever other law they feel like creating.
 
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Even though that is my personal opinion, that doesn't mean I don't recognize and understand that differentiating support for discrimination based on biology (race v. gender) with no compelling government interest is inconsistent when some say - when it was blacks it was wrong but when it's based on gender it's OK. Doesn't make sense.

Exactly the argument to make ... to the legislature. Which is what is done in ... free ... countries. In dictatorships, you convince one or a small number of people to decree it.

I oppose government marriage, but I would never have a judge outlaw it even if they were willing. Until people agree with me, I won't get my way. I'm not willing to throw freedom in the ditch like you are for a quick, easy win on a transactional issue.
 
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You have a fundamental choice if you want to live in a free country or a dictatorship. A free country is work, so you just want to take a short cut. The cost of that short cut is astronomical.

As to your ridiculous Loving argument. I'll assume you're a straight, white man. If Steve is exactly like you, except he's black, then in Virginia in the early sixties then government did not allow you and Steve to marry the people. That is unequal treatment.

Today in a State that does not have gay marriage, if Steve is like you in every way except he's gay, you and Steve can marry the exact same people. That is equal treatment. If government said gays cannot enter in a man-woman marriage, you'd have an argument. But they don't, so you don't. Steve could also have a gay government marriage if you got off your lazy ass and convinced people to convince the legislature to create gay marriage.

Running to the courts to create gay marriage is as lame as your arguments are.

#1

I'm sorry, your argument makes no logical sense and is simply a repeat of what the State of Virginia attempted to argue in the Loving case.

1. Virginia argued that each person could marry the same people, just that those people had to be of the same race. The SCOTUS didn't buy it.


That "just" is what fundamentally changes the entire argument. They didn't argue the same thing. Black Steve could not marry the same people white you can. No buts. Gay Steve can. No buts. You have no argument.



The structure of the argument presented by Virginia is exactly the same you present to support discrimination by the government based on gender. It made not sense then, it doesn't now and the SCOTUS didn't buy it then either. Personally I think the SCOTUS will continue to dodge the question for another 10-years or so before accepting a case directly on that issue.


>>>>
 

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