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#152 Jun 28 2010 at 11:29 PM Rating: Excellent
gbaji wrote:
Could you show me where in the law gay couples are prohibited from entering into a contract with eachother? Let's even assume you meant "marriage contract" if you want. Can you show me what law prevents this?

Quote:
I know, I know, you're going to say "ZOMG YOU CAN ALREADY DO THAT WITHOUT MARRIAGE" but we both know it isn't even close to being the same.


No. They can do it already, period. There is nothing legally preventing gay couples from entering into exactly the same contract as straight couples. Nothing at all.


http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=78943525215+0+0+0&WAISaction=retrieve wrote:
300. (a) Marriage is a personal relation arising out of a civil
contract between a man and a woman, to which the consent of the
parties capable of making that contract is necessary. Consent alone
does not constitute marriage. Consent must be followed by the
issuance of a license and solemnization as authorized by this
division
, except as provided by Section 425 and Part 4 (commencing
with Section 500).


Marriage by any other name is not marriage. Separate but equal is inherently not equal. Brown vs. Board of Education established that way back in 1954.

Edited, Jun 29th 2010 12:30am by BrownDuck
#153 Jun 29 2010 at 6:13 AM Rating: Good
Debalic wrote:
Technogeek wrote:
Do we really need to get into this nonsense with Gbaji every other month?

We need something to justify all the server resources.


Well, as long as there's a reason.
#154 Jun 29 2010 at 7:35 AM Rating: Decent
Brownduck,

Quote:
Marriage by any other name is not marriage. Separate but equal is inherently not equal. Brown vs. Board of Education established that way back in 1954.


So I take it you're against all forms of discrimination? Good; glad to hear there's at least one liberal on this site who's against affirmative action.

Democrats are all for discrimination, just their particular brand of it.



Edited, Jun 29th 2010 9:35am by knoxxsouthy
#155 Jun 29 2010 at 7:53 AM Rating: Excellent
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knoxxsouthy wrote:
Republicans are all for discrimination, just their particular brand of it.

I assume you agree with this since you just included gay marriage into the category of "discrimination".
____________________________
Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#156 Jun 29 2010 at 8:23 AM Rating: Decent
Joph,

I've always been against discrimination, unlike you and every other liberal on this site. I think evey single person in this country should have the same rights. Granted I don't consider marriage a right but rather a covenant between man woman and god separate in all aspects from the secular world. I don't think married couples should receive any special tax breaks that singles don't. So all in all if a homosexual church want's to marry gays I say go for it. What i'm against is involving the govn. Obviously you feel the need to have the govn force itself on it's citizens, I don't.

#157 Jun 29 2010 at 8:26 AM Rating: Excellent
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knoxxsouthy wrote:
I've always been against discrimination

Apparently not since you're okay with homosexuals being discriminated against by the government.
____________________________
Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#158 Jun 29 2010 at 8:44 AM Rating: Excellent
knoxxsouthy wrote:
Granted I don't consider marriage a right but rather a covenant between man woman and god separate in all aspects from the secular world. I don't think married couples should receive any special tax breaks that singles don't. So all in all if a homosexual church want's to marry gays I say go for it. What i'm against is involving the govn. Obviously you feel the need to have the govn force itself on it's citizens, I don't.


I don't think it really matters what you (or gbaji) think is a right, though.

In 1967, the Supreme Court upheld marriage as a right in Loving v. Virginia:

The Supreme Court wrote:
These statutes also deprive the Lovings of liberty without due process of law in violation of the Due Process Clause of the Fourteenth Amendment. The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.

Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.


And they upheld that ruling in 1978 in Zablocki v. Redhail:

The Supreme Court wrote:
Since our past decisions make clear that the right to marry is of fundamental importance, and since the classification at issue here significantly interferes with the exercise of that right, we believe that "critical examination" of the state interests advanced in support of the classification is required.


They upheld that again in Turner v. Safley in 1987 (which also extended those rights to prisoners):

The Supreme Court wrote:
They concede that the decision to marry is a fundamental right under Zablocki v. Redhail (1978), and Loving v. Virginia (1967), but they imply that a different rule should obtain "in . . . a prison forum."


Seems to me that the government recognizes marriage as a right. That should pretty much end that debate, shouldn't it? And since you are against discrimination, I assume you are all in favor of same-sex marriage, since marriage is a "fundamental right," according to the Supreme Court.
#159 Jun 29 2010 at 9:06 AM Rating: Decent
Tulip,

The scrotus also says it's ok to murder babies while they're still in the womb. That doesn't make it right.
#160 Jun 29 2010 at 9:09 AM Rating: Excellent
knoxxsouthy wrote:
Tulip,

The scrotus also says it's ok to murder babies while they're still in the womb. That doesn't make it right.


It may not make it "right" in your opinion, but it does make it a right.

Regardless of how you feel about it, marriage is a fundamental right, according to the Law of the Land. There is no higher law than the SCOTUS. So that must mean that you are in favor of same-sex marriages, right?
#161 Jun 29 2010 at 9:13 AM Rating: Decent
Prodigal Son
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20,643 posts
knoxxsouthy wrote:
Joph,

I've always been against discrimination, unlike you and every other liberal on this site. I think evey single person in this country should have the same rights. Granted I don't consider marriage a right but rather a covenant between man woman and god separate in all aspects from the secular world. I don't think married couples should receive any special tax breaks that singles don't. So all in all if a homosexual church want's to marry gays I say go for it. What i'm against is involving the govn. Obviously you feel the need to have the govn force itself on it's citizens, I don't.

You're not Roman Catholic are you?
____________________________
publiusvarus wrote:
we all know liberals are well adjusted american citizens who only want what's best for society. While conservatives are evil money grubbing scum who only want to sh*t on the little man and rob the world of its resources.
#162 Jun 29 2010 at 9:40 AM Rating: Excellent
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Belkira the Tulip wrote:
In 1967, the Supreme Court upheld marriage as a right in Loving v. Virginia

The right to marry as a "fundamental right" has been upheld in other rulings as well. In fact, none of the rulings against gay marriage in CA attempted to refute that marriage is a fundamental right.

Saying you don't like the ruling doesn't make it not count.
____________________________
Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#163 Jun 29 2010 at 9:52 AM Rating: Decent
Jophed,

Quote:
Saying you don't like the ruling doesn't make it not count


It does in Democrat states. They don't mind ignoring the federal govt's rules for marriage because they don't think it's right.

#164 Jun 29 2010 at 9:55 AM Rating: Good
knoxxsouthy wrote:
Jophed,

Quote:
Saying you don't like the ruling doesn't make it not count


It does in Democrat states. They don't mind ignoring the federal govt's rules for marriage because they don't think it's right.


What does this even mean...?

#165 Jun 29 2010 at 9:58 AM Rating: Excellent
#166 Jun 29 2010 at 9:59 AM Rating: Decent
Tulip,

Democrats elected to office in liberal states have no problem ignoring the federal govt's definition of marriage.

#167 Jun 29 2010 at 10:08 AM Rating: Good
knoxxsouthy wrote:
Tulip,

Democrats elected to office in liberal states have no problem ignoring the federal govt's definition of marriage.



They don't have to. They have the right to define marriage for themselves.
#168 Jun 29 2010 at 10:49 AM Rating: Decent
Tulip,

Just tell that to the people of California.

#169 Jun 29 2010 at 10:53 AM Rating: Decent
Prodigal Son
******
20,643 posts
And we have our former President getting inappropriate with the German chancellor.

We do not approve of such fratboy douchebag shenanigans. and neither did Merkel, for that matter.
____________________________
publiusvarus wrote:
we all know liberals are well adjusted american citizens who only want what's best for society. While conservatives are evil money grubbing scum who only want to sh*t on the little man and rob the world of its resources.
#170 Jun 29 2010 at 11:35 AM Rating: Good
knoxxsouthy wrote:
Tulip,

Just tell that to the people of California.



The courts are working on that right now.
#171 Jun 29 2010 at 1:47 PM Rating: Decent
Encyclopedia
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35,568 posts
Jophiel wrote:
MDenham wrote:
The fact that said contract would, in this case, be several hundred pages long in order to cover everything that the status of "marriage" confers with a much simpler form on a straight couple?

That and it still wouldn't be legally admissible in many cases. You can't gay-contract-marry someone and receive their military pension when they die overseas.


Irrelevant. I asked what the "right to marry" entailed, and Bard said it was the right to enter into a contract with your partner (presumably a marriage contract). He did not mention receiving benefits from the state with regard to military pension transfers.

And regardless of the size of a contract, the "right" to enter into it isn't infringed as long as it's legal to enter into said contract. The size is the same btw, it's just that you don't normally print out the whole state default marriage contract when you apply for a marriage license. Signing it is the same as signing said contract though, regardless of whether it's printed out for you or not. Similary, it takes no more time to sign the last page of a hundred page contract than a one page contract. If those are all the conditions and legal bindings you want, then that's what you're getting. I'm not sure what the complaint is here. You're free to sign a less complete marriage contract if you want...
____________________________
King Nobby wrote:
More words please
#172 Jun 29 2010 at 1:50 PM Rating: Decent
Encyclopedia
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35,568 posts
BrownDuck wrote:

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=78943525215+0+0+0&WAISaction=retrieve wrote:
300. (a) Marriage is a personal relation arising out of a civil
contract between a man and a woman, to which the consent of the
parties capable of making that contract is necessary. Consent alone
does not constitute marriage. Consent must be followed by the
issuance of a license and solemnization as authorized by this
division
, except as provided by Section 425 and Part 4 (commencing
with Section 500).


Marriage by any other name is not marriage. Separate but equal is inherently not equal. Brown vs. Board of Education established that way back in 1954.


I asked what constituted a "Right to marry", and Bard said the right to enter into a contract. What you just listed isn't a contract. Thus, it has nothing to do with a right to marry.

What's funny is that I saw this coming. That's why I said to focus purely on the defined "right to marry". Apparently, several of you weren't paying attention. If you think the right to marry isn't about the right to enter into a contract with your spouse which legally defines your relationship, then by all means give a different meaning. But let's keep that separate from the people involved.
____________________________
King Nobby wrote:
More words please
#173 Jun 29 2010 at 1:55 PM Rating: Decent
Encyclopedia
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35,568 posts
Jophiel wrote:
Belkira the Tulip wrote:
In 1967, the Supreme Court upheld marriage as a right in Loving v. Virginia

The right to marry as a "fundamental right" has been upheld in other rulings as well. In fact, none of the rulings against gay marriage in CA attempted to refute that marriage is a fundamental right.


Yup. Which is why that whole line of reasoning is bogus. No one is denying a "right to marry". I'm saying that the right to marry does not automatically mean that your marriage must qualify you for the same state issued benefits. The "right" is to enter into the contract, not to receive the benefits.

What's funny is that Bard, probably without thinking about it, got it right the first time. He knew immediately that it's the legally recognized contract which you have a right to enter into. But that's not what this issue is about, is it?

Quote:
Saying you don't like the ruling doesn't make it not count.


I'm saying that the rulings meaning is misused. A lot of people (even justices) fail to correctly identify what the right to marriage is actually about. They sling the phrase around to show how important something is, but don't define it, leaving future rulings to make bad assumptions.

I'm also not asking what the court said. I'm asking you guys to tell me what you think a right to marry is. Absent any assumptions about who is or should have it. If it's a right, then everyone should have it, right? That's what you're saying. So what is the "right" to which no person can be denied? It's not a hard question. Bard got it right. You've all just failed to grasp the meaning of what he said.
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King Nobby wrote:
More words please
#174 Jun 29 2010 at 1:58 PM Rating: Excellent
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gbaji wrote:
Irrelevant. I asked what the "right to marry" entailed, and Bard said it was the right to enter into a contract with your partner (presumably a marriage contract). He did not mention receiving benefits from the state with regard to military pension transfers.

Good for him. I'm not Bard.

The "right to marry" in the United States as seen in previous court rulings includes both the social implications and the civil, secular implications. Merely saying someone can sign a contract or saying they can have a church ceremony has never met the "fundamental right to marry" in previous cases so there's no reason to even argue it here despite what some forum posters with a neophyte idea of the law might write in a thread. In fact, no one has even been stupid enough to try to debate that point in any of the cases I've read but maybe you can show me otherwise.
____________________________
Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#175 Jun 29 2010 at 2:01 PM Rating: Excellent
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gbaji wrote:
I'm also not asking what the court said. I'm asking you guys to tell me what you think a right to marry is.

Yes, I know. You're much more comfortable trying to out-word someone on an internet forum who has a limited understanding of the law than trying to debate against established court rulings. So let's say that the court rulings don't matter and try to make the argument all about what someone posted in =4. That makes perfect sense for a debate that revolves entirely around our legal system from the founding documents of the 18th century to modern judicial review.

Can I get a rolly-eyes here?!
____________________________
Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#176 Jun 29 2010 at 2:14 PM Rating: Good
Jophiel wrote:
gbaji wrote:
I'm also not asking what the court said. I'm asking you guys to tell me what you think a right to marry is.

Yes, I know. You're much more comfortable trying to out-word someone on an internet forum who has a limited understanding of the law than trying to debate against established court rulings. So let's say that the court rulings don't matter and try to make the argument all about what someone posted in =4. That makes perfect sense for a debate that revolves entirely around our legal system from the founding documents of the 18th century to modern judicial review.

Smiley: rolleyes


gbaji wrote:
I'm also not asking what the court said. I'm asking you guys to tell me what you think a right to marry is.


I wasn't providing the court cases for you, that was for Varus who says he doesn't think marriage is a right. You have said the same thing in the past, but whatever.

The "right to marry" is the right to sign a marriage license through the state and receive all of the benefits that entails. Nothing else, in this country, is recognized as a marriage.

Edited, Jun 29th 2010 3:16pm by Belkira
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