ext_44913 (
torasama.livejournal.com) wrote in
talkpolitics2009-03-17 08:34 pm
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Marriage by Any Other Name
While a rose may be a rose by any other name, the same does not hold true of marriage. Marriage is marriage. Civil unions are not equal to marriage, both in society's eyes and the law's - couples joined under a civil union do not have the same rights as a married couple. Denoting long-term, committed same-sex relations as 'lesser' opens a legal Pandora's box and provides a venue for continued discrimination, by applying a different set of rights to opposite-sex and same-sex couples.
To deny a civil marriage to a same-sex couple is blatant discrimination per the 14th Amendment. Just as the anti-interracial marriage arguement that all races had the "same right" to marry others of their own race didn't work in Loving vs. Virginia, the arguement that homosexuals have the "same right" to marry people of the opposite sex doesn't work, either.
To deny a civil marriage to a same-sex couple is blatant discrimination per the 14th Amendment. Just as the anti-interracial marriage arguement that all races had the "same right" to marry others of their own race didn't work in Loving vs. Virginia, the arguement that homosexuals have the "same right" to marry people of the opposite sex doesn't work, either.
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One Martin Luther King Junior said why keeping people in a second-class status waiting is not workable. And then this black guy comes along and says it to gays.
And people wonder why I loathe the Dems as much as I do the "Party of Christ" (so-called).
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As for the whole "poor homosexuals" movement, I ask again why only two, why not anything consentual?
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Depends where you are. In California, they are explicitly defined to be equal under the law. The only problem comes because of Federal law, the same as it is with medical marijuana.
As for them being equal in society's eyes, there is nothing the law can do about that.
Instead of complaining that some people aren't able to marry who they want (same gender person, dog, apple pie, whatever), the correct answer is to get government to not license any marriages, it can only create civil unions between any two persons. Then we can go through and explicitly determine which "marriage benefits" actually apply generally and keep those that we want and get rid of the rest.
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To my fellow hetero-people...
STOP TRYING TO PROTECT MY MARRIAGE!
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Marriage has traditionally been under the authority of one's religion to bless a union/commitment. At some point in history the government(s) took over this role, blessing this union/commitments with legal contracts and obligations. The breaking of this contract has legal repercussions instead of just the guilt of conscious.
I believe the governments should not be in the business of judging our relationships. I don't understand the intent. A married person does not warrant a different tax bracket then a single person, or any other government service for that matter. The married man and single man ought to be equals under the law under all circumstances. The single person is considered lesser of the two equals, only because they're not married.
If the intent is for care of children, then the child benefit should be administered to the child directly, or in care of the parent or guardian.
If the intent is simply contract law, where there are consequences for breaking contract, then it has always done a piss-poor job. To love and cherish, honour and obey... all things under this contract, are far too difficult to be held accountable to.
Marriage is a lifetime commitment socially and a lifetime obligation legally. Both run counter to nature, which sees homo-sapiens (regardless of sexuality) in serial monogamy. Society has lived up to nature, only by the breaking marriage contracts through divorce and other means.
It's the other means that is usually most bothersome. The breaking of any contract is a relatively costly endevour, thus forcing those who want out of a contract to sometimes/often find other not-so-legal means. A husband who quite simply walks away from his marriage finds himself legally obligated to this contract of marriage some 20 years after the fact where I would expect it should be null and void after the relationship has dissolved.
Civil Union, as defined being unequal to marriage, is still contract law. I suspect such a contract is equal to marriage in it's obligations to the two partners entering the contract. Where it differs is (and what most take objection to) is with the third partner, the entity who is administrating the contract. Not allowed to adopt kids, not allowed spousal support, etc. I would think it's possible to redefine these parameters at anytime as public support backs such initiatives.
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Let's argue the semantics
Who takes who's last name?
Who is walked down the isle?
Do both guys attend the batchlore party?
Do both women attend the batchlorette party?
Do we call the married couple Mr and Mr? Mrs and Mrs? T
Re: Let's argue the semantics
Re: Let's argue the semantics
Re: Let's argue the semantics
Re: Let's argue the semantics
Re: Let's argue the semantics
Re: Let's argue the semantics
Re: Let's argue the semantics