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#127 Jul 06 2013 at 11:18 AM Rating: Decent
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Almalieque wrote:
I like how over the years, I've been labeled as a bigoted closeted homophobe, but when I argue a method that could essentially enhance LBGT privileges "instantly" nationwide, it's given the same treatment.....

Marriage equality?
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#128 Jul 06 2013 at 4:58 PM Rating: Default
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Debalic wrote:
Almalieque wrote:
I like how over the years, I've been labeled as a bigoted closeted homophobe, but when I argue a method that could essentially enhance LBGT privileges "instantly" nationwide, it's given the same treatment.....

Marriage equality?


I'm not sure what you're asking.
#129 Jul 06 2013 at 11:12 PM Rating: Decent
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I haven't even read most of this thread. You're offering LBGT privileges? That would mean giving them access to marriage same as straights.
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#130 Jul 07 2013 at 2:22 AM Rating: Default
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Debalic wrote:
I haven't even read most of this thread. You're offering LBGT privileges? That would mean giving them access to marriage same as straights.


I'm not offering privileges. I'm offering a fairer and quicker way of handling such said issues. Admittedly, it was a partially loaded statement, but my focus was to address the irony. The irony of supporting a system that makes it harder for the aforesaid privileges.
#131 Jul 08 2013 at 7:21 AM Rating: Good
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Debalic wrote:
That would mean giving them access to marriage same as straights.
As long as they marry someone of the opposite sex, they're the same.
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#132 Jul 08 2013 at 7:39 AM Rating: Good
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Almalieque wrote:
Debalic wrote:
I haven't even read most of this thread. You're offering LBGT privileges? That would mean giving them access to marriage same as straights.


I'm not offering privileges. I'm offering a fairer and quicker way of handling such said issues. Admittedly, it was a partially loaded statement, but my focus was to address the irony. The irony of supporting a system that makes it harder for the aforesaid privileges.
You're not offering a fairer and quicker way of handling anything, just a pointless fantasy that would never work in real life.
#133 Jul 08 2013 at 9:24 AM Rating: Excellent
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Almalieque wrote:
Debalic wrote:
I haven't even read most of this thread. You're offering LBGT privileges? That would mean giving them access to marriage same as straights.


I'm not offering privileges. I'm offering a fairer and quicker way of handling such said issues. Admittedly, it was a partially loaded statement, but my focus was to address the irony. The irony of supporting a system that makes it harder for the aforesaid privileges.

What post # was it in?
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#134 Jul 08 2013 at 3:27 PM Rating: Default
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His Excellency Aethien wrote:
Almalieque wrote:
Debalic wrote:
I haven't even read most of this thread. You're offering LBGT privileges? That would mean giving them access to marriage same as straights.


I'm not offering privileges. I'm offering a fairer and quicker way of handling such said issues. Admittedly, it was a partially loaded statement, but my focus was to address the irony. The irony of supporting a system that makes it harder for the aforesaid privileges.
You're not offering a fairer and quicker way of handling anything, just a pointless fantasy that would never work in real life.


You obviously don't know what it is and/or don't understand, given the fact that's exactly how the business world operates. I understand that governing a nation isn't the same as running a business, but you're obviously clueless to label it a "pointless fantasy that would never work in real life". At this point you're just a tool who went with the default "Alma is stupid" as opposed to actually knowing what is going on. You can't even provide a logical counter... You can do better..

Edit:
Elinda wrote:

What post # was it in?


I recapped the concept in post #117. It's intermixed with a counter. It's sub-defaulted though, so make sure it isn't filtered.

Edited, Jul 9th 2013 2:14am by Almalieque
#135 Jul 09 2013 at 8:00 AM Rating: Good
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The business world doesn't operate by searching out quicker and fairer methods of operation, it operates by trying to make things more efficient with regards to profit.

Justice isn't a simple measure of input vs. output. You can't just boil it down the same way you can a profit motive.

If my job is to generate profit, it's a simple matter. My first priority is to generate profit, my second priority is to maximize that profit (by increasing revenue and decreasing operating costs). Pesky laws and regulations, ethics, etc. are what stand in my way to do so.

If my job is to seek justice, it's far from simple.
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#136 Jul 09 2013 at 3:51 PM Rating: Default
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Iddigory wrote:
The business world doesn't operate by searching out quicker and fairer methods of operation, it operates by trying to make things more efficient with regards to profit.


I didn't say that it did. I said that the concept that I'm proposing is how the business world operates. That same concept just so happens to be quicker and fairer methods of operations, which should be a huge concern as a government.

#137 Jul 09 2013 at 5:36 PM Rating: Decent
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Smasharoo wrote:
The point is that the question of whether it's a violation of some constitutional right for a state to not allow same sex couples to qualify for state marriage status remains undecided. More correctly, we've got the lower court ruling that it is unconstitutional. Which suggests that the next case brought in a no-gay-marriage state will arrive at the Supreme Court, but this time, assuming the state defends its law, we'll get a ruling. And it may not be what gay marriage advocates would want.

Unlikely. The Kennedy language in the DOMA decision indicates a very likely 5/4 decision overturning such a ban. No one really wants that case, though. Not SCOTUS not HRC, not anyone. There's not really a good outcome available for either side.


Looks like folks in Pennsylvania have different ideas. We'll see what happens with this one, but it seems less likely that the state will refuse to defend their own law in this case. Who knows though?
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#138 Jul 09 2013 at 6:11 PM Rating: Good
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Almalieque wrote:
Iddigory wrote:
The business world doesn't operate by searching out quicker and fairer methods of operation, it operates by trying to make things more efficient with regards to profit.


I didn't say that it did. I said that the concept that I'm proposing is how the business world operates. That same concept just so happens to be quicker and fairer methods of operations, which should be a huge concern as a government.



Smiley: oyvey
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#139 Jul 09 2013 at 8:15 PM Rating: Default
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idiggory, King of Bards wrote:
Almalieque wrote:
Iddigory wrote:
The business world doesn't operate by searching out quicker and fairer methods of operation, it operates by trying to make things more efficient with regards to profit.


I didn't say that it did. I said that the concept that I'm proposing is how the business world operates. That same concept just so happens to be quicker and fairer methods of operations, which should be a huge concern as a government.



Smiley: oyvey


My sentiments exactly. As with Athein, you have no idea what you're arguing against.
#140 Jul 11 2013 at 8:17 AM Rating: Excellent
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gbaji wrote:
Looks like folks in Pennsylvania have different ideas. We'll see what happens with this one, but it seems less likely that the state will refuse to defend their own law in this case. Who knows though?

Political Wire wrote:
Pennsylvania Attorney General Kathleen Kane (D) is expected to announce that her office won't defend the state in a federal lawsuit that challenges Pennsylvania's ban on gay marriage, the Philadelphia Daily News reports.

"Pennsylvania is the sole state in the Northeast without same-sex marriage or a civil-union statute."
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#141 Jul 11 2013 at 8:32 AM Rating: Good
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I was under the impression that standard protocol was to take gbaji's prediction, and put money on the polar opposite.
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#142 Jul 11 2013 at 5:15 PM Rating: Decent
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lolgaxe wrote:
I was under the impression that standard protocol was to take gbaji's prediction, and put money on the polar opposite.


I said "less likely" (than in California), not "it wont happen". In California, there's close to zero odds that the folks in charge wont be Democrats through the entire process. In Pennsylvania, that could easily change in the time it takes this case to wind its way through the courts.

Um... And one's position on the issue aside, I still think it's complete BS for a state AG to refuse to defend the state law.
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#143 Jul 11 2013 at 5:24 PM Rating: Good
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gbaji wrote:
Um... And one's position on the issue aside, I still think it's complete BS for a state AG to refuse to defend the state law.
It's a silly but convenient way to move with the times I guess.
#144 Jul 11 2013 at 5:30 PM Rating: Default
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His Excellency Aethien wrote:
gbaji wrote:
Um... And one's position on the issue aside, I still think it's complete BS for a state AG to refuse to defend the state law.
It's a silly but convenient way to move with the times I guess.


It's a terrible use of "ends justify the means" though. If you have to use trickery to get your agenda through, you might want to reconsider what you're doing.
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#145 Jul 11 2013 at 5:43 PM Rating: Good
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gbaji wrote:
His Excellency Aethien wrote:
gbaji wrote:
Um... And one's position on the issue aside, I still think it's complete BS for a state AG to refuse to defend the state law.
It's a silly but convenient way to move with the times I guess.


It's a terrible use of "ends justify the means" though. If you have to use trickery to get your agenda through, you might want to reconsider what you're doing.
Not really. If the state doesn't feel motivated to defend the law but isn't willing to change it either then it's better to leave it to someone else to defend it than to force them to defend something they don't want to defend which would only lead to a token defense anyway.
#146 Jul 11 2013 at 7:06 PM Rating: Good
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gbaji wrote:
His Excellency Aethien wrote:
gbaji wrote:
Um... And one's position on the issue aside, I still think it's complete BS for a state AG to refuse to defend the state law.
It's a silly but convenient way to move with the times I guess.


It's a terrible use of "ends justify the means" though. If you have to use trickery to get your agenda through, you might want to reconsider what you're doing.
Are they appointed or elected? If they're appointed, then I agree. If elected, then disagree.
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#147 Jul 11 2013 at 7:24 PM Rating: Decent
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Uglysasquatch wrote:
gbaji wrote:
His Excellency Aethien wrote:
gbaji wrote:
Um... And one's position on the issue aside, I still think it's complete BS for a state AG to refuse to defend the state law.
It's a silly but convenient way to move with the times I guess.


It's a terrible use of "ends justify the means" though. If you have to use trickery to get your agenda through, you might want to reconsider what you're doing.
Are they appointed or elected? If they're appointed, then I agree. If elected, then disagree.


Why does that make a difference? The job of an AG is to enforce/defend the laws of their respective jurisdiction, regardless of how they personally feel about that law. It's the job of the legislature to write the laws, the job of the executive to enforce/defend them, and the job of the judiciary to rule on how to interpret them. The AG is part of the executive branch. Whether elected or appointed, it's not his job to decide if a law is a good law or not. If the people don't like a law, they can elect a legislature that will change that law. That's how our votes affect our laws. When people elect an AG (or a president/governor who appoints one), it's usually not with much concern about that AG choosing *not* to defend a law in court. And choosing to do so can hardly be claimed in the name of serving the "will of the people" when the people clearly (and intentionally) elected legislatures who wrote that particular law (or in the case of California, those people voted directly on the law itself).


That's why it's BS.
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#148 Jul 11 2013 at 7:32 PM Rating: Decent
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Also, I'll point out that the situation is still not identical anyway. In California, it was a special case because the law in question was passed by public referendum. I believe that the Pennsylvania law was passed by their legislature (don't feel like looking it up, but feel free to correct me if I'm wrong). Assuming that is the case, then any member or group of members of said legislature can choose to defend the law. The California case was a special one because since the legislature didn't pass the law themselves, they were not legally a party to the laws creation, and thus could not defend it. And the Court ruled that "the people" didn't have standing to defend it either (which is why they handed it back to the lower court).

I happen to also think that was a bad decision for the court, not because of any effect on gay marriage, but because it sets a horrible precedent with regard to the creation of a huge gaping hole in the representation of the people with regards to public referendums. Several states have referendum processes, but now any referendum has less protection in the courts because of what I view as a short sighted decision. As suggested prior, any party to the creation (or maintenance) of a law can defend it if the AG of a state chooses not to. But the court just ruled that those parties have to be "official" in some way (ie: part of the state government). Which means that if the AG choose not to defend the law, no one can.

Which is IMO a much bigger issue than the gay marriage issue itself.
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#149 Jul 11 2013 at 7:36 PM Rating: Good
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It makes a difference because if they're elected, then if he/she didn't do as the people wanted, then they'd be removed next cycle.

AG's always decide on what cases are worth their time and what aren't so this really isn't out of the ordinary.
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#150 Jul 11 2013 at 7:47 PM Rating: Decent
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Uglysasquatch wrote:
It makes a difference because if they're elected, then if he/she didn't do as the people wanted, then they'd be removed next cycle.


Public pressure can require the person who appointed them to request their resignation though. We could argue that's technically quicker. Neither changes the fact that the AGs job isn't to decide what laws to defend though.

Quote:
AG's always decide on what cases are worth their time and what aren't so this really isn't out of the ordinary.


When prosecuting, yes. When defending the constitutionality of the law itself, it's generally assumed that this is part of their job description and not optional. Obviously, anything is optional if you want to be technical enough though. Hence why I said I think it's "BS", and not "illegal" or somesuch. Although one could make an argument that failing to do so qualifies as failing to "faithfully fulfill the duties of the office of ...", but that's still only subject to whatever pressure can be applied. Who's going to charge the AG with failure to fulfill his duty?


Kinda similar to the issues with the DoJ right now. Who watches the watchmen. When it's the part of our government which is charged with enforcing the law, which is either failing to do so or even breaking it themselves, who does something about that? I know that many people get so caught up on supporting "their side" that this sort of thing gets lost, but we really ought to be concerned about this kind of behavior by our government regardless of which "side" we're on and whether something happens to benefit us at the moment. It's just a bad practice to allow to happen.
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#151 Jul 11 2013 at 8:00 PM Rating: Good
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gbaji wrote:
Who watches the watchmen.


I read the comic YEARS before the movie came out!

Also, the AG may choose not to defend it if the AG feels that there is not a winnable case. Much like the AG may choose not to prosecute if there is not a winnable case. He was appointed or elected because he is a good attorney, and a good attorney knows when to hold 'em, knows when to fold 'em. Knows when to walk away, knows when to run.

Maybe that's not what an attorney knows, I forget.
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