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#302 Jun 30 2010 at 3:25 PM Rating: Good
Marriage as we know it didn't even exist in a lot of Europe until it became popular.

The whole "you must have children to recieve the benefits of marriage" thing actually sounds a lot more like the old tradition of "handfasting" - a couple would not be married until the woman became pregnant, then it became a formal marriage in the eyes of the Church. I think the practice continued in some parts of the British Isle until sometime in the 1700s.

Edited, Jun 30th 2010 5:27pm by catwho
#303 Jun 30 2010 at 3:28 PM Rating: Excellent
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The lolwikiwebz say that handfasting was just basically a public ceremony. Nothin' about having to make critters before you were legally wed.

Besides, this would mean the Church was telling you to have lots of pre-martial sex before you could be married.

Edited, Jun 30th 2010 4:28pm by Jophiel
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#304 Jun 30 2010 at 3:35 PM Rating: Default
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Jophiel wrote:
gbaji wrote:
The "marriage" defined in the California legal code is not the same "marriage" which someone has a fundamental right to.

Of course it is. Or rather, state recognized legal marriage is.


No, it's not. If a marriage is an agreement between the couple, then a "state recognized legal marriage" is an agreement which is legally recognized by the state. That means a legally binding contract. No one would suggest that a "state recognized legal home sale" is only one in which the government created a special home selling program, right? You *can* qualify for some government FHA program, but it's not required for your home purchase/sale to be "legally recognized". It only means that you filed out a sales contract, and filed it with the state (including whatever fees and taxes are involved) and away you go. No qualification for state programs is necessary. In fact, if we limited home sales to only those which qualified for government programs we would be infringing on the private right to buy or sell a home.


Yet, for some reason, you insist that this must be the case for marriage. Sorry, that's dumb. I refuse to accept that marriage can only exist if the government creates a special program which you must qualify for. Marriage is marriage. If the governments wants to create a program to encourage specific types of marriages (just as it might to encourage specific types of home sales), it's free to do that. But lack of qualification for said program does not constitute a violation of the "right to marry", just as it does not constitute a violation of the "right to own a home".


Your argument is absurd on its face. It's just amazing to me that no matter how many times I point it out, you still can't see it.

Edited, Jun 30th 2010 2:37pm by gbaji
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#305 Jun 30 2010 at 3:39 PM Rating: Default
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catwho wrote:
The whole "you must have children to recieve the benefits of marriage" thing...


I have never said this. Ever.
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#306 Jun 30 2010 at 3:50 PM Rating: Good
Edited by bsphil
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gbaji wrote:
catwho wrote:
The whole "you must have children to recieve the benefits of marriage" thing...


I have never said this. Ever.
You want to restrict marriage benefits to only people who have children.

gbaji wrote:
And before you say it: Yes. I'm aware that some heterosexual couples wont have children. And if you can find an efficient and inexpensive way to detect which ones will and which ones wont before the fact and in a manner which wont constitute a discouragement to marriage then I would be more than happy to change our laws to further restrict which couples can receive those marriage benefits.
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gbaji wrote:
I'm not getting my news from anywhere Joph.
#307 Jun 30 2010 at 3:51 PM Rating: Good
Eh, my knowledge of handfasting comes from medieval romance novels, which are more or less as accurate as Wikipedia on any given topic.
#308 Jun 30 2010 at 4:22 PM Rating: Excellent
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gbaji wrote:
No, it's not.

Yes, it is. It's explicitly spelled out that marriage is more than the legal status of marriage, it's a fundamental right. They are discussing the legal status of marriage as recognized by the state.
Quote:
That means a legally binding contract.

No, it means the legally binding contract recognized by the state as making you legally married. Me and some dude signing a contract that says we get to visit one another in the hospital and giving each other power of attorney doesn't make us legally married in the eyes of the state. If we go to the state with our homemade "Gbaji Marriage Contract" and apply for state benefits for married people, the state will say "Hell no. You guys ain't actually married." If we're lucky, we won't be fined or jailed for committing fraud. See how that works? There's a specific state the court cases are discussing and it's not the one you keep wanting to insist is just as good.

Honestly, your posts aren't even worth reading because they're all just you twisting yourself up in ridiculous sophistry in a vain attempt to deny what was made crystal clear in previous court cases.
Quote:
I refuse to accept...

Again, no one gives a shit what you refuse to accept or chose to accept. For that matter, no one gives a shit about what I chose to accept. The only thing that matters is what the US legal system choses to accept and they've made it clear that, in court cases regarding marriage, it's all about the state recognized legal status of marriage.

Honestly, you're like one of those retards who proclaims long and loud about how it doesn't matter what the court says -- he shouldn't have to pay taxes because Ohio's state constitution wasn't ratified at the time or some stupid shit like that and he just knows it's true.

Edited, Jun 30th 2010 5:51pm by Jophiel
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#309 Jun 30 2010 at 4:41 PM Rating: Decent
gbaji wrote:
Jophiel wrote:
gbaji wrote:
The "marriage" defined in the California legal code is not the same "marriage" which someone has a fundamental right to.

Of course it is. Or rather, state recognized legal marriage is.


No, it's not. If a marriage is an agreement between the couple, then a "state recognized legal marriage" is an agreement which is legally recognized by the state. That means a legally binding contract.


Ignoring your complete idiocy, which I find myself having to do so often when I respond to your posts, let's say for the sake of argument that yes, marriage is an agreement between the couple, while a "state recognized legal marriage is an agreement which is legally recognized by the state". Even then, the argument is for legal equality and consequently, state recognized legal marriage. The only ones here trying to assert otherwise are you and your fellow idiot parade.

Edited, Jun 30th 2010 5:53pm by BrownDuck
#310 Jun 30 2010 at 7:23 PM Rating: Default
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bsphil wrote:
gbaji wrote:
catwho wrote:
The whole "you must have children to recieve the benefits of marriage" thing...


I have never said this. Ever.
You want to restrict marriage benefits to only people who have children.


No. I said that the marriage benefits should be available to any and every couple which we cannot be 100% sure will not be able to produce children together. Right now, we have no inexpensive and accurate 100% correct way of determining this when dealing with a couple consisting of a man and a woman. Of course we can say with 100% certainty that no couple consisting of two people of the same sex will produce a child together.

The quote below was me explaining why it's perfectly reasonable to make those benefits available to heterosexual couples who don't or wont produce children together since we can't reasonably know that ahead of time. It's not about whether you "have" children (present tense), but whether or not you might at some point in the future as a natural consequence of being a couple "produce" new children. It is entirely about that and I have been abundantly clear about this. How many different ways do I have to repeat the same thing to get you to understand?

gbaji wrote:
And before you say it: Yes. I'm aware that some heterosexual couples wont have children. And if you can find an efficient and inexpensive way to detect which ones will and which ones wont before the fact and in a manner which wont constitute a discouragement to marriage then I would be more than happy to change our laws to further restrict which couples can receive those marriage benefits.
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#311gbaji, Posted: Jun 30 2010 at 7:32 PM, Rating: Sub-Default, (Expand Post) Circular argument is circular.
#312 Jun 30 2010 at 7:36 PM Rating: Default
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BrownDuck wrote:
Ignoring your complete idiocy, which I find myself having to do so often when I respond to your posts, let's say for the sake of argument that yes, marriage is an agreement between the couple, while a "state recognized legal marriage is an agreement which is legally recognized by the state". Even then, the argument is for legal equality and consequently, state recognized legal marriage. The only ones here trying to assert otherwise are you and your fellow idiot parade.


I actually have no clue what you are trying to say in this paragraph.

I will go out on a limb and guess that you (and several other posters in this thread) don't know the difference between "recognizing" and "rewarding".
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#313 Jun 30 2010 at 7:36 PM Rating: Good
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gbaji wrote:
It's not about whether you "have" children (present tense), but whether or not you might at some point in the future as a natural consequence of being a couple "produce" new children. It is entirely about that and I have been abundantly clear about this.
So why not have these benefits be awarded upon actually producing the children? The ones that aren't relevant to whether or not a couple will produce children, like visitation rights in the hospital, can be awarded upon marriage as at present. The rest: provide proof of children.

If you can't see why this follows from what you're saying, you're really not paying attention to your own argument.
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#314 Jun 30 2010 at 7:39 PM Rating: Excellent
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gbaji wrote:
Circular argument is circular.

Nope. It's crystal clear and in a straight line. There is a specific status the courts are addressing when discussing the right to marry. That status is the one of state recognized legal marriage. If the state does not recognize your status as marriage, it's not the status the courts are addressing.

Quote:
But I don't agree that that is what constitutes marriage!

It doesn't matter. Not even a little bit.

Quote:
Find me some source which actually says that marriage can't exist unless a government gives you a tax break for being married

That doesn't matter either. I could or couldn't find anything under the moon and it wouldn't change the specific status the courts are addressing when discussing the fundamental right to marry.

The fact that you don't want to talk about that specific status only means that you will never, ever have an intelligent argument to make regarding the legal status of gay marriage because that status is the only one that courts are interested in addressing. As I noted pages ago, you'd much rather sit and try to debate little bits of sophistry than talk about the actual status the courts address because you don't have an argument at all for the latter but can just word-spew your way through the former until everyone else gets bored and you declare yourself the winner.
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#315 Jun 30 2010 at 7:52 PM Rating: Excellent
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I still want someone to show me where my tax break is for being married.
#316 Jun 30 2010 at 8:25 PM Rating: Excellent
Edited by bsphil
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gbaji wrote:
bsphil wrote:
gbaji wrote:
catwho wrote:
The whole "you must have children to recieve the benefits of marriage" thing...


I have never said this. Ever.
You want to restrict marriage benefits to only people who have children.


No. I said that the marriage benefits should be available to any and every couple which we cannot be 100% sure will not be able to produce children together. Right now, we have no inexpensive and accurate 100% correct way of determining this when dealing with a couple consisting of a man and a woman. Of course we can say with 100% certainty that no couple consisting of two people of the same sex will produce a child together.
Ok, children from surrogate mothers and adopted children don't actually count. Next time I see a foster child I'll make sure to tell him that he's not an actual human being because his biological parents didn't want him, because gbaji says that he is 100% sure that homosexual couples can never have kids.

"But they don't PRODUCE them!!!"

Cry somewhere else.
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If no one debated with me, then I wouldn't post here anymore.
Take the hint guys, please take the hint.
gbaji wrote:
I'm not getting my news from anywhere Joph.
#317 Jun 30 2010 at 8:27 PM Rating: Default
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MDenham wrote:
So why not have these benefits be awarded upon actually producing the children?


Because then it wouldn't act as much of an incentive to get people to marry before producing children.

It's just strange that every time I argue this issue, the primary arguments I get in response are that it doesn't make any sense to do it that way if the purpose is something *other* than what I said it was, usually followed by a number of odd and different ideas about what those benefits could be about. In this case, you are absolutely correct. If we just want to reward people for having children, we'd give them benefits when they have children. But we don't, do we (actually we do, but not in the context of marriage)? Why do you suppose that is? Perhaps it's because thats... not what the marriage benefits are for.

We want to encourage heterosexual couples to marry because statistically, sexual active heterosexual couples will produce children. Full stop. They will produce children. Whether they are married or not. It's a biological certainty. Heck. It's a species survival necessity. Children born to single mothers tend to do poorly and are statistically much more likely to be drains on society. Children born within a legally binding economic contract of some kind requiring the parents to jointly support the child produce the best statistical results for children. Thus, it makes absolute sense to try to come up with a way to get as many of them to enter into said legal agreement (called "marriage") as early as possible. That way we maximize the likelihood of as many children being born into conditions most likely to be beneficial as possible.

Once you understand that, then the whole marriage thing makes sense. If you start instead assuming that the legal status is a "right", and then rush off down some tangent about how denying it to anyone is a violation of their rights, you're going to end out looking at the entire issue backwards and come to the wrong conclusion. The legal status and the benefits it grants was created long after the social and even contractual institution of "marriage" existed. It quite clearly exists for the same reason any other sort of subsidy exists: To encourage certain behaviors. In this case, to encourage people to marry.


Given the reason why we want to encourage people to marry, it makes absolutely no sense to grant that subsidy to gay couples. They're free to choose to enter into a marriage contract if they want, but there is no overriding social need to the rest of us for them to do so. In the same way we might respond to a problem with middle aged men not getting prostate exams by creating a medical subsidy to help pay for prostrate exams. Well, if someone else wants to get one, they're free to, but the need for the rest of us to pay for them to do it isn't there and we aren't violating their "right" to get a prostate exam by not paying for it.


How many other analogies should I use? Farm subsidies? We apply them to the things we want people to grow and not all crops. How about rebates for buying a fuel efficient vehicle? Is it a violation of someone's "right to own a car" if we don't subsidize the purchase of any sort of car? Is this somehow unconstitutional discrimination that we're providing a benefit only if we buy a hybrid, but not a hot rod? The fact is that we do this sort of thing all the time. There are thousands of government programs out there which provide funding for one thing or another. We don't cry "discrimination" on each and every single one, do we?


I'm just kinda floored that something we normally all "get" is suddenly a strange mystery when it doesn't fit a preconception of a political issue. Most people are taught to view the gay marriage issue via the lens of the "right to marry" and nothing else. Thus, even though they would easily be able to recognize the function of a government subsidy in any other case, they are blinded to its presence in this one. What's amazing is that even after I point it out over and over and over, it's like they can't see it. It's right freaking there! Government providing a set of people some benefits if they take some specific action. What do you think that is? It's a subsidy. It's an incentive. Duh! What else could it be?


Understand that and the whole issue becomes clear. I just can't figure out how to explain it more clearly than this.

Edited, Jun 30th 2010 7:28pm by gbaji
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#318 Jun 30 2010 at 8:35 PM Rating: Good
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gbaji wrote:
MDenham wrote:
So why not have these benefits be awarded upon actually producing the children?


Because then it wouldn't act as much of an incentive to get people to marry before producing children.

Why do they have to get married before?

Your argument for the benefits of marriage hinge on the existence of children. Why not wait until the children actually exist before marrying people?
#319 Jun 30 2010 at 8:41 PM Rating: Excellent
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gbaji wrote:
If you start instead assuming that the legal status is a "right"

It's not an assumption.
Quote:
Government providing a set of people some benefits if they take some specific action. What do you think that is? It's a subsidy. It's an incentive. Duh! What else could it be?

A bunch of things. We've discussed them in the past but you can't get past insisting that your assertions are correct and you don't need any evidence or support for them because "It's ooobbbvvviiooouussssss!!!!"

Edited, Jun 30th 2010 9:44pm by Jophiel
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#320 Jun 30 2010 at 8:47 PM Rating: Default
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bsphil wrote:
Ok, children from surrogate mothers and adopted children don't actually count.


Don't count for what? This isn't about personal importance. The kids aren't the ones getting married here.

Quote:
Next time I see a foster child I'll make sure to tell him that he's not an actual human being because his biological parents didn't want him, because gbaji says that he is 100% sure that homosexual couples can never have kids.


This has nothing to do with what I said. I thought we were talking about whether or not a given couple's marriage should be subsidized not whether or not we consider a given child a human being. WTF?


Let me present this another way:

We have to types of objects. Type A objects are positively charged and type B objects are negatively charged. All objects of any type will tend to pair with another object over time. When two objects of a different type pair up they begin to shoot energy in all directions. If we place a magnetic net around them we can capture this energy and use it to power our super-whatzit machine. But if we fail to place a magnetic net around them, the energy is lost and sometimes shoots out and damages other objects nearby. When two objects of the same type pair up, nothing happens. They just float happily together as a pair.

Given those conditions, it makes sense to attempt to identify pairs of typeA and typeB objects which are on a course to come into close proximity and attempt to put a magnetic net around them, right? That way when they do come close enough to begin shooting out energy it'll be a benefit to the whole system rather than a detriment. Now of course some pairs of the same types will occur and we *could* put nets around them as well, but we don't have to and we could argue that the power cost to do so is counter productive. They neither hurt nor help us, so it would just be a cost with no benefit.


Only a really "special" person would insist that it was somehow unfair to not put nets around the same-type pairs, right? And that's pretty much how I view people who insist that we must pay to provide incentives to get gay people to marry. It simply makes no sense.
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#321gbaji, Posted: Jun 30 2010 at 8:49 PM, Rating: Sub-Default, (Expand Post) Are you kidding me?
#322 Jun 30 2010 at 8:53 PM Rating: Decent
Edited by bsphil
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gbaji wrote:
bsphil wrote:
Ok, children from surrogate mothers and adopted children don't actually count.


Don't count for what? This isn't about personal importance. The kids aren't the ones getting married here.

Quote:
Next time I see a foster child I'll make sure to tell him that he's not an actual human being because his biological parents didn't want him, because gbaji says that he is 100% sure that homosexual couples can never have kids.


This has nothing to do with what I said. I thought we were talking about whether or not a given couple's marriage should be subsidized not whether or not we consider a given child a human being. WTF?
You say they should be subsidized if they can have (or ideally, plan to have) children, correct?

Homosexual couples can have children.
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His Excellency Aethien wrote:
Almalieque wrote:
If no one debated with me, then I wouldn't post here anymore.
Take the hint guys, please take the hint.
gbaji wrote:
I'm not getting my news from anywhere Joph.
#323 Jun 30 2010 at 8:53 PM Rating: Excellent
gbaji wrote:
I actually have no clue what you are trying to say in this paragraph.

I will go out on a limb and guess that you (and several other posters in this thread) don't know the difference between "recognizing" and "rewarding".


No, you just have no idea what you're talking about.

Legally recognized marriage is legally recognized marriage. If there were no "rewards" for being legally married, homosexuals would still seek legal equality. You maintain that it is these "rewards" that are the focus of the issue, when they are not. However, given that such "rewards" do exist for legally recognized marriages, then they should be applied equally across all marriages; sexual orientation is irrelevant.

The issue is not the "rewards" you keep speaking of, but the lack of equality where legally sanctioned marriage is concerned. Your "rewards" are merely a strawman.
#324 Jun 30 2010 at 8:58 PM Rating: Excellent
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gbaji wrote:
Joph. I'm not going to argue with you...

Yeah, you just had to say "I sure was wrong there" and we'd have heard the same thing.
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#325 Jun 30 2010 at 9:01 PM Rating: Decent
Edited by bsphil
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gbaji wrote:
Jophiel wrote:
gbaji wrote:
If you start instead assuming that the legal status is a "right"

It's not an assumption.


Are you kidding me?


Joph. I'm not going to argue with you about what an assumption is. If you don't know that, I can't help you...
It's already been decided that the legal status of marriage is, in fact, a right.
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His Excellency Aethien wrote:
Almalieque wrote:
If no one debated with me, then I wouldn't post here anymore.
Take the hint guys, please take the hint.
gbaji wrote:
I'm not getting my news from anywhere Joph.
#326 Jun 30 2010 at 9:01 PM Rating: Good
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gbaji wrote:
MDenham wrote:
So why not have these benefits be awarded upon actually producing the children?


Because then it wouldn't act as much of an incentive to get people to marry before producing children.
Okay, let's try this again, since you're obviously not getting what I'm asking.

Given the following cases:

A) The current system, where benefits relevant to having children, as well as benefits not relevant to having children, are obtained upon being married; and

B) Benefits not relevant to having children are obtained upon being married. Benefits relevant to having children are obtained upon having children while married. (Children out of wedlock, being bastards, do not grant their parents the relevant benefits.)

My question is "why shouldn't case B be the norm, rather than case A?" Is this a little more clear as to what I'm asking?
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