SPLIT--> California's Proposition 8 on Same-Sex Marriage

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Sorry, I must've miscategorized it when I was selecting which posts to keep and which ones to split off. I've moved it back.
 
Do you think the reason why suffragists and black civil rights activists were willing to expend all that time and effort (and in the latter case, lives as well) securing the passage of the 19th Amendment, or the 1964 Civil Rights Act, was because they believed wholeheartedly in the rights of men and whites to decide whether women and blacks were worthy of equal legal status?

Perhaps there are core democratic principles that must be observed even in the face of injustice. Perhaps taking too strong a judicial action against the will of the people actually begins to undermine principles of self-governance in the first place.
 
If I had a dollar for every time gay marriage was discussed here, I could have my own fabulous wedding-Vera Wang gown, imported flowers, Waterford crystal. Just leave out the husband..
 
Perhaps there are core democratic principles that must be observed even in the face of injustice. Perhaps taking too strong a judicial action against the will of the people actually begins to undermine principles of self-governance in the first place.

Which takes me to one of my earliest points. And this is a complex topic so excuse my just being able to touch on some points.

Increasingly our ideal of society is becoming less that of a liberal democracy and more of a cultural or social democracy. If a liberal democracy aims for a self-governing people based on majority rule, individual rights, limited government and a reasonably patriotic populace willing to defend (militarily and intellectually) their way of life. Cultural or social democracies, above all else, strive for a diverse society. Borders and citizenship become less important. Justice is no longer defined as equality of opportunity but equality of result. Remedies for sexism and racism are less seen to be coming from the rule of law and more as an institutionalized problem with the only remedy being to discredit and completely change or remove what are now seen as the systemic oppressive structures of families, churches, businesses, schools, government and the courts themselves.

Identity politics, income redistribution, quotas, denigrating widely held traditions and moral codes, victimology, political correctness, speech codes, immigration beyond what can be assimilated, bigger government, and judicial activism are all attacks on liberal democracy.

Maybe that's what Senator Obama means when in his June 3rd address in Minneapolis he said
"This was the moment—this was the time—when we came together to remake this great nation so that it may always reflect our very best selves and our highest ideals.
Remake?

Or when he describes what he will look for in a Supreme court justice,
"We need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old. And that's the criteria by which I'm going to be selecting my judges."
Not, apparently, the ability to apply the law without prejudice.
 
This seems like a dodge--if you're going to say that the legislative route is the model to follow, then you're pretty clearly saying that imposing that restriction is acceptable.

Do you think the reason why suffragists and black civil rights activists were willing to expend all that time and effort (and in the latter case, lives as well) securing the passage of the 19th Amendment, or the 1964 Civil Rights Act, was because they believed wholeheartedly in the rights of men and whites to decide whether women and blacks were worthy of equal legal status? That they wanted to make sure their rightful superiors were the ones to decide whether to let them into the club?

Two different issues. black Americans were, and still are, a clear minority. Women on the other hand, while without the vote, made up half or more of the population. Women's suffrage crawled along because for many decades most American women ignored it and even organized against it. For example, a Massachusetts referendum organized by suffragists to prove that women wanted the vote took place in 1895 (both men and women were allowed to cast a vote for this) and it lost 187,000 to 110,000 with only 23,000 women voting.

For most of the suffrage movement of the late 1800's, men weren't denying women the ballot, women were.
 
Not, apparently, the ability to apply the law without prejudice.

Why does one go to the exclusion of the other to you?

The courts constantly look at social factors and social studies in writing their decisions (or opinions as they are called in the US). You act as if the law exists in a vacuum and shouldn't take into account anything other than the legislation when it has never, ever been that way in our common law system.

For all the whining about judicial activism, I find that usually the people who are loudest about it have the poorest sense of legal history.
 
Why does one go to the exclusion of the other to you?

The courts constantly look at social factors and social studies in writing their decisions (or opinions as they are called in the US). You act as if the law exists in a vacuum and shouldn't take into account anything other than the legislation when it has never, ever been that way in our common law system.

For all the whining about judicial activism, I find that usually the people who are loudest about it have the poorest sense of legal history.

90px-Lady_justice_standing.png

A nice summary from Wiki,
Lady Justice is often depicted wearing a blindfold. This is done in order to indicate that justice is (or should be) meted out objectively, without fear or favor, regardless of the identity, power, or weakness: blind justice and blind impartiality.
Lady Justice is most often depicted with a set of weighing scales typically suspended from her left hand, upon which she measures the strengths of a case's support and opposition. She is also often seen carrying a double-edged sword in her right hand, symbolizing the power of Reason and Justice, which may be wielded either for or against any party.
 
And this is a complex topic so excuse my just being able to touch on some points.


you know what? it's not complex at all. it's extremely simple. homosexuals are barred from the institution of marriage on the basis of sexual orientation. there are many rights and tax incentives bestowed upon married couples. a gay person cannot in good faith marry any other person besides their chosen same-sex partner. thus, entrance into the institution of marriage must be expanded to allow gay people and their chosen same sex partner.

and it ends right there. that's all. everything else is hysterical window dressing. you'll find that all of your concerns about longstanding moral traditions or whatever turns out to be nonsense when you actually get to know gay people and their partners and you realize that they're not *any* different from you and your opposite sex partner.

that's really what it comes down to. all these arguments put forth are rooted in ignorance, in the fundamental conviction that there's something different and thusly inferior about same sex couples than there is about opposite sex couples.

there is nothing, NOTHING, a same sex couple can't do that an opposite sex couple can do. have biological children? firstly, this has *never* been a requirement for marriage, and secondly, it's quite possible to have a child that is fathered or mothered by one of the two partners.

there is no argument against same sex marriage other than one either rooted in bigotry and ignorance, or in a Draconian conservative viewpoint that demands that we not meddle with any and all institutions, the kind of viewpoint that would still be fine with slavery.

humanity evolves. we understand women different today than they were understood 200 years ago. the same for blacks. the same for any group. why there is such resistance to full equality for gay citizens -- which *has* to come in this particular arena, along with employment and housing -- can only be rooted in prejudice.



Identity politics, income redistribution, quotas, denigrating widely held traditions and moral codes, victimology, immigration beyond what can be assimilated, bigger government, and judicial activism are all attacks on liberal democracy.


nah, not attacks on liberal democracy. just the typical laundry list of conservative buzz words meant to distract from the actual issues, and then this laundry list is turned around and used to defend things like picking Sarah Palin or using judges to overturn the DC handgun ban or expanding government for the DHS or governments powers to wiretap or to give welfare to corporations or wealthy CEOs or seeking to gain the vote of individuals who are threatened by anyone who is different from them by giving them an easily identified "other" to rally against and define their communities against (mexicans, blacks, gays).

you're just defending your own set of special interests, this is a very non-specific sideshow.
 
90px-Lady_justice_standing.png

A nice summary from Wiki,




you realize that Lady Justice is about treating all people the same under the law, regardless of their race, class, creed, orientation, etc. it's about the "identity, power or weakness" of the individual on trial.
 
INDY, I don't think those quotes stand for what you think they stand for.
 
I think understand the concept of blind justice, blind impartiality and weighing the evidence and it has nothing to do with justices having heart and empathy.

work.gif

Court is hereby adjourned for the start of my 80 hour rotation.
 
The courts constantly look at social factors and social studies in writing their decisions (or opinions as they are called in the US). You act as if the law exists in a vacuum and shouldn't take into account anything other than the legislation when it has never, ever been that way in our common law system.

So you're saying the courts *should* evaluate social factors and studies in writing their decisions or opinions? Including the fact that the social definition of family over several thousand years has been best articulated as both a mother and father who love each other and their children?
 
So you're saying the courts *should* evaluate social factors and studies in writing their decisions or opinions? Including the fact that the social definition of family over several thousand years has been best articulated as both a mother and father who love each other and their children?



i know this wasn't addressed to me, but can you prove the latter statement? what do you mean by love? hasn't the very definition of love changed over the centuries? hasn't the role of both mothers and fathers and the expectations of children changed greatly over the past 50 years, let alone the past 5,000?

are two married people without a children not a family? and is marriage predicated upon the existence of a biological family? what about people who cannot have their own children?

i fail to see how two married lesbians in massachusetts who've adopted two cambodian children are any less a family than the Spears.
 
So you're saying the courts *should* evaluate social factors and studies in writing their decisions or opinions? Including the fact that the social definition of family over several thousand years has been best articulated as both a mother and father who love each other and their children?

Sure, and they have done so (in this country at least). They consider it a factor, just like they consider race a factor in interracial adoptions. But that doesn't mean that the outcome hinges on this one factor or that the courts can't consider the historical development of social change and state that certain beliefs or practices are no longer consistent in a modern world.
 
hasn't the role of both mothers and fathers and the expectations of children changed greatly over the past 50 years, let alone the past 5,000?

But now we're actually talking about eliminating either mothers or fathers from the structure altogether, and declaring such a structure equal. There are passionate arguments to be made on both sides, but for this thread, the issue is whether in a system of representative government and self-governance, the right to such a fundamental redefinition of family resides in the courts or with the people.

is marriage predicated upon the existence of a biological family? what about people who cannot have their own children?

We're not even talking about biology at this point, are we? We're talking about families where there is no father or no mother, and declaring that to be of equal worth and value. I think that's an issue on which voters might be allowed some say, don't you agree?

i fail to see how two married lesbians in massachusetts who've adopted two cambodian children are any less a family than the Spears.

I didn't realize that laws pandered to the lowest common denominator.
 
But now we're actually talking about eliminating either mothers or fathers from the structure altogether, and declaring such a structure equal. There are passionate arguments to be made on both sides, but for this thread, the issue is whether in a system of representative government and self-governance, the right to such a fundamental redefinition of family resides in the courts or with the people.


but we're keeping the structure of two loving, devoted parents. and, in fact, we are taking family units that already exist, have existed for decades, and given them more protection and elgitimacy.

so this isn't nearly the redefinition that many seem to think, and it again becomes not an issue of changing an institution -- a vague word at that -- but of asserting equal rights for all citizens under the law.

that's why allowing women to vote didn't fundamentally change the nature of democracy itself. it simply extended rights to citizens.



We're not even talking about biology at this point, are we? We're talking about families where there is no father or no mother, and declaring that to be of equal worth and value. I think that's an issue on which voters might be allowed some say, don't you agree?


no. if this were relevant, than only people who have children should be allowed to get married. people get married and never have children. spouses die, divorces happen, and people get remarried and they don't ever have children of their own.

further, we still have two parents. you're ascribing some kind of cosmic importance to the opposite-gendered pairing of parents as an unquestioned virtue. i'd argue that gender is mostly incidental to what actually makes a good parent.


I didn't realize that laws pandered to the lowest common denominator.


but they do, don't they?

we're all equal in the eyes of the law. or are you going to tell me that a penis and a vagina are always and in all ways superior to same-sexed couples and families?
 
you're ascribing some kind of cosmic importance to the opposite-gendered pairing of parents as an unquestioned virtue.

I'm not ascribing cosmic importance. I'm looking at millennia of biology and sociology and human development and (if you like) evolution. What are you looking at?

i'd argue that gender is mostly incidental to what actually makes a good parent.

This is the fundamental question, isn't it: Does gender matter? It underscores everything else... and on this subject, you'll find a number of people who will say yes, myself included. And when the judicial system in a self-governed democracy decides that it's going to open the door to say that it doesn't, I think it's worth having a state-and-nationwide vote on the matter.
 
I'm not ascribing cosmic importance. I'm looking at millennia of biology and sociology and human development and (if you like) evolution. What are you looking at?


i'm happy to debate this, but it behooves me to continually point out that having children and being married are not the same thing, and that you don't need to be married to have children, and you don't need to have children to be married.

so this is interesting, but a total sideshow to the issue itself.




This is the fundamental question, isn't it: Does gender matter? It underscores everything else... and on this subject, you'll find a number of people who will say yes. Myself included...


and studies say that the opposite-sexed parent structure doesn't advantage children over same-sexed parents.

you can quite rightly say that kids tend to do better with two parents than with one, but it's a leap from that to "studies have shown that children do best with a mother and a father."

and gender matters no more than any other quality that an individual brings to a relationship.

are you going to look the child of gay parents in the eye and pity them and tell them how woefully disadvantaged they have been because they didn't have a mother and a father? or are you going to look at the quality of the unit as a whole, without a prejudicial eye that's been indoctrinated to only understand and accept male/female unions, and understand it on it's own terms and measure the success by the happiness of the child?

what about a family where the father is 25 years older than the mother, as will soon be the case with my cousin? what about a family where the father works all the time and never sees the children? what about children who are raised mostly by nannies?
 
it behooves me to continually point out that having children and being married are not the same thing, and that you don't need to be married to have children, and you don't need to have children to be married. so this is interesting, but a total sideshow to the issue itself.

Not really. As the LA Times Op-Ed piece I quoted recently pointed out:

"Marriage as a human institution is constantly evolving, and many of its features vary across groups and cultures. But there is one constant. In all societies, marriage shapes the rights and obligations of parenthood. Among us humans, the scholars report, marriage is not primarily a license to have sex. Nor is it primarily a license to receive benefits or social recognition. It is primarily a license to have children."

So I would say that the issue of parenthood is precisely part of the issue, because marriage is directly related to the issue of children. Certainly there are exceptions to every rule, but laws aren't really created for the exceptions.

and gender matters no more than any other quality that an individual brings to a relationship.

If what you've said about your perspective as a gay man is true in other threads, then sexuality is directly rooted to ones' identity -- at the very least a core fundamental defining element, if not THE defining element. Either sexual identity is important, or it isn't -- but to dismiss it actually undermines your own past arguments about the intrinsic importance of recognizing sexuality as a part of identity. It's very difficult to argue both sides of the coin on this one. Either it matters more, or it doesn't matter at all, but it's hard to say that ones' sexuality is about as important as whether one is left-handed or not.

or are you going to look at the quality of the unit as a whole, without a prejudicial eye that's been indoctrinated to only understand and accept male/female unions

So gender/sexuality is merely a construct? Is yours?
 
So I would say that the issue of parenthood is precisely part of the issue, because marriage is directly related to the issue of children. Certainly there are exceptions to every rule, but laws aren't really created for the exceptions.


this simply does not work. there are people who remain unmarried and have children, and there are people who get married who choose not to have children, who cannot have children, or who had children but are on a second (or third) marriage. are you going to deny two people who meet late in life the happiness of a marriage after their spouses have died?

what's happening, nathan, is that you're taking a sweeping generalization about the human experience and using that to justify a position that washes over any nuances of the human experience itself.




If what you've said about your perspective as a gay man is true in other threads, then sexuality is directly rooted to ones' identity -- at the very least a core fundamental defining element, if not THE defining element. Either sexual identity is important, or it isn't -- but to dismiss it actually undermines your own past arguments about the intrinsic importance of recognizing sexuality as a part of identity. It's very difficult to argue both sides of the coin on this one. Either it matters more, or it doesn't matter at all, but it's hard to say that ones' sexuality is about as important as whether one is left-handed or not.


what on earth are you talking about here? i didn't dismiss sexuality. i said it was no *more* important than other qualities one brings into a relationship. you're the one who's valuing heterosexual intercourse more than any other quality in a marriage and (again, in your view, necessarily) in parenting as well.

of course sexual identity "matters" in the way that race matters, that nationality matters, that religion matters, that all of our experiences "matter." but what you are saying is that there's a magical alchemy to male/female parenting that is so exclusive and necessary to the successful rearing of children that it becomes necessary to codify that as the *only* acceptable way to raise children. in fact, there are many, many ways to be a successful family, and many non-traditional families -- say grandmother-mother or mother-aunt or grandparents and father -- work very well and possibly better than if the uninterested, abusive, dysfunctional parent had stuck around. it's quite terrifying to think that there's only one way to do things, and that there's only one way to be a successful family.

when i talk about being left handed, or about having red hair, what i mean is that being gay is of course an abnormality, a naturally occurring and unchosen abnormality that harms no one.



So gender/sexuality is merely a construct? Is yours?


let me pause to take those words you've put in my mouth out.

gender and sexuality are partially constructed, partially biological, but the prejudice that surrounds them is entirely a construct.

am i naturally homosexual? absolutely. is my identity as a gay man a construct? yes. there's a difference, as i'm sure you know, between sex and gender. one is blunt biology, the other is performance. i think biology informs an authentic performance, and much of the social construct is learned so unconsciously that it is performed without much thought.

so, the sideshow alongside marriage continues.

but you have yet to put forth a single argument as to why an intentionally childless male/female couple can be married and why a lesbian couple with children cannot.
 
this simply does not work. there are people who remain unmarried and have children, and there are people who get married who choose not to have children, who cannot have children, or who had children but are on a second (or third) marriage. are you going to deny two people who meet late in life the happiness of a marriage after their spouses have died?

Of course not. Read what I quoted again: "Marriage...is primarily a license to have children". It does not say "Marriage is ONLY a license to have children." If you want to disagree, that's fine, but you're going to have to show how it isn't so.

i didn't dismiss sexuality. i said it was no *more* important than other qualities one brings into a relationship. you're the one who's valuing heterosexual intercourse more than any other quality in a marriage and (again, in your view, necessarily) in parenting as well.

Do you really think sexuality only has to do with intercourse? That's interesting, since I don't, but that's because I believe sexuality informs a whole range of behaviors, perspective, etc. (Including intercourse.) I'm surprised that you don't seem to agree. As far as valuing a loving father and mother who love each other and their children, I'm only going based on precedent set by millennia of biological, chemical and social human development. Again, is there another precedent to go on?

but what you are saying is that there's a magical alchemy to male/female parenting that is so exclusive and necessary to the successful rearing of children that it becomes necessary to codify that as the *only* acceptable way to raise children.

Biology and sociology are tough taskmasters, aren't they? So is evolution, if you'd like to go that route...

but you have yet to put forth a single argument as to why an intentionally childless male/female couple can be married and why a lesbian couple with children cannot.

That's not the point of this thread. The point of this thread is whether people have the right to vote on such matters as part of a free democracy. Your inability to see how redefining marriage at the core level affects the values society places on gender and how society defines family aside, there are those who would like to vote on these matters and honor the time-tested principles of democracy upon which the country was founded. Is that a problem?
 
The thing about voting on something like this is the majority of people who vote will not be directly affected either way because they are not gay. So what happens is that you have a majority voting on whether or not they want to let the minority have this right or not. So what happens is that you are essentially silencing this minority's voice because they will never have enough votes to defeat the majority of straight people who can't deal with the concept of gay marriage. The result is that the minority - in this case gay people - don't get to decide their own destiny. They have to live with the set of rights granted or not granted to them by the majority, a majority which almost certainly has a good number of bigots and homophobes in it. That simply does not seem right to me. A majority shouldn't be able to strip a minority of rights like that.
 
So what happens is that you are essentially silencing this minority's voice because they will never have enough votes to defeat the majority of straight people who can't deal with the concept of gay marriage.

Are you aware of how Prop 8 is polling in the state of CA?
 
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