pseudo essay reguarding same-sex marriage (Geared toward more secular right wingers)

Mystech

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Registered Senior Member
Recently another sciforums member asked me to participate in a thread regarding same-sex marriage on another bulletin board. One user in particular, by the name Aaron was being particularly block headed about the issue, and I suppose our fellow sciforumer was familiar with the fact that I've got about 3000 posts arguing about this particular topic, so he wanted to bring me in and make my case.

The particular board upon which this was originally posted seems to be libertarian of the right-leaning variety in persuasion, and my post reflected that nature, trying to appeal specifically to the major issues I felt them likely to be concerned with.

It's rather strange that anyone branding themselves as a libertarian should be in favor of continued government regulation against liberties of a specific segment of the people, but then, I don't think that right-wingers ever think that deeply into their own political premises to find anything amusing about the idea. We'll probably have to find some way to link gay marriage to the spread of global capitalism before they want to hop on board.

I felt that the post took me too long to write for me to just dump it on one board that I'll likely never return to, so I decided I'd cross post it here just to get that extra mileage out of it.

The post is as follows:



Hi there! I figured I’d quit lurking and pop in for a word or two, as this thread doesn’t yet seem to be anywhere near it’s quota.

Aaron, I could not agree more that homosexuals are simply not worthy of special treatment, period. I think that we’d all be quite better off, however, if those in power saw it the same way. It is because I feel so strongly that this point is true that I ardently support same-sex marriage.

Equal protection under the law is not special treatment, and frankly I find it absurd that you could be so dense as to make such an accusation. I’ll admit that it’s a charge I’ve heard many times, it’s a rather weak piece of social conservative rhetoric, appealing to the traditional republican demon of nasty special interest groups that want to take more of your tax money than they’re entitled too, and make it illegal for you to say things like “moon cricket”. In that sense, I suppose I can forgive you, after all you’re only feeding at a troth of shit that’s been put in front of you, and not necessarily thinking up these comically absurd notions on your own.

In all fairness, of course you’re entirely right to feel a bit outraged and self-righteous when you assert that special treatment of homosexuals must end. It’s a noble thing to say, and I couldn’t agree more, this is why laws which specifically target homosexuals for discrimination must be taken off the books at federal and state levels. I realize that many who aren’t particularly involved in the battle for homosexual rights may not be familiar with exactly what I’m talking about here, so I’ll take a moment to give a bit of clarification.

Being that, at least from the opinions I’m seeing expressed in this thread, there seem to be a fair number of right-leaning individuals here, I’ll try to do my best to tailor this explanation to your concerns. I’m well aware of the pantheon of right-wing demons spooks and bogeymen, and that generally any minority group seeking to strive for an equal footing in society is treated as a threat which is trying to attack straight white (usually Christian, though that’s probably not a big concern on this board) men. When I talk about homosexual rights, I do not mean to advocate any law that would put you in jail for calling someone a faggot, or support any penalty for disliking homosexuals in general. That instinctive “ick” factor you get in your gut when you see two guys holding hands is entirely your right, and if you don’t want to get over it, then I certainly don’t think that there’s any authority (outside perhaps of a trusted liberal friend) that has any authority to tell you different. I’m also not advocating anything like affirmative action for homosexuals, or that “it should be taught in the schools” whatever that means, at least not beyond a few brief words in a sex ed class to remind kids that anal does “count”, and can still spread disease. I would further submit that this is true of nearly all advocates of homosexual’s rights, and anything to the contrary is nothing but smoke from the reactionary right-wing spin machine, or evangelical Christian fund raising events, though certainly getting deeper into that ascertain is certainly a thread in and of itself, if not several.

Now that I hope I’ve made myself clear about what I do not mean, allow me to clarify just what the hell it is that I do mean when I talk about campaigning for homosexual rights. The single largest thing I’m talking about is purging the law books of measures which specifically target homosexuals for the purpose of exclusion and limitation of freedoms granted to everyone else. Quite simple, really. I should expect that you might have a bit of apprehension as to what exactly that means, or what I would qualify as a law targeting homosexuals, so allow me to clarify. Right now, the United States is less than two years away from the days when homosexuality itself could be criminalized. Yes, that’s right, it was only 2003 when the Supreme Court heard a case and over-turned a previous ruling which allowed states to make laws which would fine and or imprison citizens for having had sexual relations with a member of the same gender. This is the kind of atmosphere we are still dealing with in this country today. I realize that if all one does is watch television, or movies, and sees the media, and society’s apparent greatly increased acceptance of homosexuals in this country, then it can seem as if perhaps homosexuals don’t need a civil rights movement, that they’re already there, and any protests marches, or organizing is just a bunch of whining silliness. However, like so many things you see on TV, this is simply not true. All over the country homosexuals are still denied some fairly simple rights based purely on the fact that they love members of the same gender, and on no other grounds. In Florida for instance, same-sex couples are banned from adopting children; the armed forces of the United States can and do dishonorably discharge hundreds of highly trained personnel under their “don’t ask don’t tell” policy in which if ranking military officials are made aware, by any means, that one of their rank is a homosexual, they are obligated to then get rid of that person. It is these sorts of institutional and governmental acts of discrimination based entirely on who a person likes to date which I feel need to be changed, and I do not mean to imply that anything else beyond these are fair game.

Now, onto the greater issue at hand, same sex marriage. This falls easily into the category of “laws which must go”. One must accept that in the United States, if same-sex marriage is not specifically prohibited by law, then it is, by default, legal. You can see this principal at work in Massachusetts right now, and it is similarly evident in the flurry of state constitutional amendments to prohibit same sex marriages (which were already illegal in most every state to begin with, as well as on the federal level since 1996). The reason for all of these state constitutional amendments (and for the proposed federal constitutional amendment) in order to ban something which is already illegal is because, in general, these laws are extremely vulnerable, as they are blatantly an abuse of legislative power. As homosexuals have gained more visibility in our society, these prohibitions against allowing them to partake in the same legal rights as any other citizen begin to seem rather blatantly an abuse of majority rule to legislate against the rights of a minority, rather like reconstructionist era gym-crow laws in the south – something which is trumped by many state and certainly the federal Constitution. As such, these constitutional amendments are really the next logical step for anyone with any grudge against homosexuals. How does one protect one’s imaginary interests from the highest law in the land? Change it!

You may notice that I qualify traditionalist interests in same-sex marriage as being imaginary, and I suppose that warrants a few more words of explanation. The fact is that the only people with any true interest – anything to gain or lose – any real stake at all in the legalization or prohibition of same-sex marriage, are the homosexuals themselves. The rest of the populace can continue living out their lives as though nothing has changed, because in every practical and metaphysical sense, nothing really has. Advocates of same-sex marriage are night fighting to make the Catholic Church recognize their unions, they are not looking to be legally entitled to perform their wedding ceremonies in your local Baptist Church, were this the case, I’d be standing right along side the traditionalists and crying that advocates of same-sex marriage are simply asking for too much. All that this battle is about is for homosexual couples to be able to go to a government clerk, and obtain a legal marriage license. This is not a battle about religious beliefs or social acceptance, this is a battle over a simple bundle of legal rights, and considerations, which our nation as deemed appropriate to a committed long-term pair-bond between two consenting adults.

It is true that the law currently describes this bond as only between one man and one woman, but this is a relatively recent development in this country. Not so long ago it used to be a bond between one man and one woman of the same race, and before that between one white man and one white woman who was his property. The fact is that the differentiation between a legal marriage between a man and a woman, and a legal marriage between two persons of the same gender is practically meaningless, and does a fair bit of harm to same-sex couples who are living in such a relationship regardless of what legal considerations are afforded to them by the government.

Another thing which few people seem to recognize is that from a religious, social, and anthropological perspective, same-sex marriage is already a reality. Same-sex couples are living together in relationships which are precisely the same as an opposite-sex marriage, save for the rather meaningless destination of the gender of one of the participants. Like heterosexual couples, married same-sex couples share property, pay taxes, make money, receive health-care, receive social security when disabled or aged, own land and property which they may wish to leave to their spouse (a thing which legal case history shows that wills can not be counted on for), even raise children and yes, now and again, get a divorce (though at shockingly lower rates than heterosexual couples). Homosexual couples already exist, and all of the things which I mentioned as well as hundreds more aspects of married life are effected by being able to get that piece of paper, a marriage license, which tells society and the government that two people are legally wed.

Furthermore, the destination of a marriage as being only between one man and one woman simply has no logical secular basis. It’s a phrase that has come into parlance only recently as the battle for same-sex marriage has begun to come into the forefront of national debate and politics in the United States, and was crafted by the religious right, with no backing other than theological dogma. It is true that for many societies through out time one man and one woman has been fairly standard, but so have many other qualifiers which we have thrown to the wayside, a few of which I mentioned earlier. In this democratic society of ours, where equal protection under the law is one of the most powerful and fundamental founding principals, an issue over which we have fought several wars, and social battles, striving desperately to keep ourselves true to it’s promise, why should it be that one single group is singled out for special treatment, and prohibition of the same simple rights to which every other citizen is entitled? It simply doesn’t make good sense, especially when there is no harm to be done by it, and such great good to be done by leveling the playing field for those currently marked for a sort of second class citizenhood. Marriage was first and foremost a civil and economic institution, it was only later that so much religious emphasis was put on it. This is why, for instance, we can not say that Muslim peoples, or those who follow Shinto, or atheists can not marry. Today marriage is both civil and religious, but our government should not be concerned with the religious aspect of it, that’s simply not a secular governing body’s territory. However, the previsions and legal considerations which it has set for the civil institution of marriage are entirely our secular government’s territory, and being that it is an institution which is supposed to work for all of the people, not just the majority, and that equal protection under the law was set into our constitution as a measure to help protect the rights of a minority against the potential unreasonable tyranny of the majority, I can see absolutely no reason why same-sex marriage should be prohibited in the United States of America. The enraged cries of a religiously inspired body of the populace whom have absolutely nothing to gain or loose in the decision of this matter seems to me to be a rather weak reason to betray one of the more noble ideals which America is supposed to stand for.

That, briefly, is my argument for same-sex marriage, though admittedly it’s no where near comprehensive on the issue (I firmly believe that such an argument can only be made with lengthy debate, as I have found that many people bring concerns and points to the table that seem to come entirely out of the blue, and are not easily anticipated in this otherwise rather clear-cut issue). I recognize, however, that there are a few major points which are regular part of the larger national social discourse which my statements thus far do not address, so I shall try to briefly pay a few of them lip-service at the least.

Firstly, being that the issue of same-sex marriage is (or at least rightly should be, and is on the side of advocates) a purely legal matter, many have suggested the sort of work-around legal compromise of creating an institution of “civil-unions” to grand same-sex couples the same benefits of marriage. I must admit that when this possibility first came up I was quite preferential toward it, however after thinking about the prospect a bit more, I realized that it is essentially a compromise which offers nothing more than token offerings and leaves the core problem of a lack of adherence to equal protection entirely undressed. Simply put, a “civil-union” is a non-entity, and even at it’s best can not offer all the same protections and legal considerations as a marriage license. It is far form “marriage under a different name” as some sources of political commentary have put it. Among the differences between the two is that marriage is a federally defined and protected institution with certain bare minimum guarantees and recognition; civil-unions on the other hand have no history (save in the state of Vermont), there is no federal outline of what constitutes a civil-union, no real solid precedent for what they’re even supposed to look like, and absolutely no requirement that the protections of one would carry over across state lines (some would think that the Constitution’s full faith and credit clause would handle this, but as the DoMA of 1996 shows there’s no real feeling of obligation to adhere to that part of the constitution when it comes to the issue of marriage). Also, I would submit that even if a hypothetical equivalent of marriage would be drafted, enacted into law, and named “civil-union” as many people seem to take for granted is exactly what people mean when they talk about civil-unions, it still could not offer the same protections as would a standard marriage license. Take, for instance a case in which an employer provides health-care coverage to an employee and an employee’s spouse, having two separate institutions, one with one group of people, and another institution designed specifically for another sort of people which society looks down upon, and you’d have to ask yourself if that same benefit would be extended to an employee’s “civil partner”. I realize many of you on this board have libertarian leanings, and may well feel that it’s the right of a business owner to discriminate against their employees in that manner, and I’ll have to concede that point to you, as it’s a topic which would disserve another thread still, but despite this fact I would still have to say that I see no reason why America should return to the standard of enacting “Separate But Equal” institutions for some social class we don’t particularly like. We already have an institution which grants all the protections of marriage, we call it marriage, now why can’t we extend it’s legal protections to persons living in a lifestyle for which the institution was created, but happen to be of the same gender?

Another issue that I’d like to touch on briefly is why homosexual activists are now rising up for this particular battle after so many hundreds of years of having seemed to be sufficiently “in their place”, or at least unconcerned with this particular battle. The answer to that one is simple: homosexuals have simply never had a more opportune time than now. Any fight for inclusion of themselves in a legally protected institution would have fallen rather flat while it was still acceptable to tire them and chemically castrate, fine or imprison them simply for being homosexuals, luckily the dark-ages of the early 00’s have lifted, we’re now in the mid 00’s and those days are nearly two whole years behind us (look up the Supreme Court Ruling on Lawrence and Garner v. Texas, if you’re uncertain of what I’m talking about).

Finally, a few words an the issue of government having anything at all to do with marriage in the first place. I’ve seen here that a few of you are sympathetic to the idea of government getting out of the business of issuing marriage licenses in the first place, and certainly the virtues and drawbacks of such an idea are another topic of debate all together, and worthy of yet another thread all together, I would ask of you to look at this argument from the perspective that, so long as our government is in the business of licensing marriage, shouldn’t same-sex couples also be included (at least until the whole legal institution is done away with anyhow). I know that expanding protections aren’t something that you’re likely to be too keen on, but for the sake furthering the agenda of promoting a more egalitarian society, I do hope that you’ll be honest enough with yourself to admit that it’s really the only sensible choice to be made.

In summation, a secular democracy with protection of minority’s rights at the hands of a petty and punitive majority as one of it’s founding principals simply has no logical reason for saying certain persons engaged in a certain form of relationship are eligible for special legal consideration, however another group of citizens are not eligible for those same protections.

Oh, and one last closing note, Aaron, if you don’t believe in a God, and feel that empiric evidence gathered via the scientific method is the only proper way to come to a conclusion which would lead you to lend your provisional agreement (on the grounds that no contradicting data is reproducible and as such a theory stands) to any idea, and this fact leads you to withhold provisional agreement to the idea of there being any supernatural creating deity, then that makes you an atheist. Those of us with dictionaries, such as it would seem mountain_hare does, can see that quite easily enough. So do have the courtesy to quit running around in semantic circles with him, and start doing some straight talking. Thank you.

Oh, and I feel the need to amend one more preemptive blow to the end of this post. This one goes especially to Aaron, being that he seems to proudly label himself as a homophobe, but I suppose it also applies to anyone else that might be of a similar mind about the matter of homosexuals “shoving it in our face”. Ok, you don’t like queers, we get it, and yes, they are loud, and they do protest and hold rallies and organize political campaigns. Rather unfortunate when seeing a man hold another man’s hand in public makes you feel sick, I can understand that, but please try to be mature and level headed about these issues, and not simply behave as if every time some homosexual stands up to say that they don’t particularly enjoy being legislated against that it’s somehow an attack on you. You like to throw around terms like “the victim class” but you wind up behaving as if you yourself are somehow being victimized by someone else’s civil rights struggle. Also, be honest with yourself, if you oppose gay marriage just because you don’t like seeing gay activists on TV, then admit to yourself that your opinions are based on nothing more than an indignant self-righteous feeling of victimhood and desire for petty punitive action against those whom you perceive to be victimizing you. No more of this silly “Proud to be a disaffected white male” silliness that everyone can see right through, and is secretly giggling at you for.

Now that’s all, I swear!
 
The post is great, Mystech. You claim that that is only a pseudo-essay, yet is beats the hell out of ANYTHING I have ever written.
 
Mystech, you consider the current law unfair because you view homosexuals as a different "race" of people, a condition which can never be removed, therefore making homosexuals unable to marry officially. But I don't. I believe it's possible, somehow or other, for the same-sex attraction to be stiffled. Point is, you have every right to marry as I do.

Mixed marriages do present another problem, however. Back then, I guess, everyone was entitled to the same right: to marry someone of their own race and opposite gender. In spite of what some court may have said, our society allows mixed marriages not because of equal rights but because of human rights in general.
 
Mystech said:
Equal protection under the law is not special treatment, ...

Oh, I agree. But I also think that it's true that certain restrictions are necessary under the law. I.e., driving age restrictions, voting age restrictions, incestuous marriage restrictions, polygamous marriage restrictions, concealed weapon restrictions, gun ownership restrictions, alcohol/driving restrictions (on the idea that one "MIGHT" cause an accident),... Those and many other laws are restrictions based NOT upon equal rights, but upon "reasonable" restriction of those rights under the law.

How can you advocate same-sex marriage, using the equal rights laws, without also advocating lifting ALL RESTRICTIONS of those rights? ...like handgun restrictions? ...like underage driving? ...like underage drinking? ...like fathers marrying their daughters? ...like brothers marrying their sisters? Oops, and older men having sex with and marrying underage girls!? And many others! Those are simply restrictions, some simply age-based, that are legal now, but would be/could be deemed illegal if ALL such restrictions are lifted. Is that what you want? Or are you seeking SPECIAL consideration for homos?

Mystech said:
It is true that the law currently describes this bond as only between one man and one woman, but this is a relatively recent development in this country.

It's only a relatively recent development in this nation where the age of the couple was restricted to over 18, too. And a cut-off age of 18 is no less a legal restriction than is the legal restriction for same-sex marriage or incestuous marriage.

But, wait, you're not fighting so hard to eliminate age-based restrictions, are you? Oh, why not?

No, homos are simply restricted in no way differently than many, many people for many, many of society's benefits. Lift all restrictions or lift none. Live with it!

Baron Max
 
okinrus - do you know any gay people? Thinking that homosexuality can be cured is an outdated notion that is evidently untrue by simple questioning of any outright gay person. In that sense they (meaning the full-on homosexual) are certainly different from the majority - they are not sexually interested in the opposite gender, and certainly are not truly (except in former decades through social pressure) interested in forming a committed relationship with one. Believing that homosexuality may perhaps be "bred out" of the population is the kind of eugenical thinking which is not socially or ethically acceptable today.

Mystech - a superb essay. You and I appear to agree exactly. 1) Why are libertarians and conservatives suddenly so keen on a blanket federal prohibition (ie the Marriage Amendment)? Marriage, sex and other related laws are and always have been a matter for the individual States, something those sections of the political spectrum are supposed to be keen to protect. 2) The important thing about marriage is the legal protections it is now expected to guarantee to both parties. Rights of inheritance, property and asset division, and right of equitable termination of said union, if required.

I feel however that Aaron would have been a bit lost trying to get through your erudition...
 
mountainhare said:
You claim that that is only a pseudo-essay, yet . . .

Well that's mostly to cover my own ass, haha. It's just the case I thought to make as I sat down in front of the computer for about a half an hour with no real preparation, and I didn't even bother to proof read it so I'm sure that it could be a lot more polished.

Okinrus said:
Mystech, you consider the current law unfair because you view homosexuals as a different "race" of people,

No, I view them as another segment of this nation who's particular needs and rights, which could be recognized with no detriment to any other segment of the population, are maliciously ignored and fought against.

Okinrus said:
a condition which can never be removed, therefore making homosexuals unable to marry officially. But I don't. I believe it's possible, somehow or other, for the same-sex attraction to be stiffled.

And I could just as easily claim that opposite-sex attraction can be stifled and cured. Grab your ankles and embrace your inner rainbow, Okinrus, it's time to queer you up. Think of it, we'll create a better dressed world with much better interior design, and cheaper real-estate prices as the world population begins to decline. Don't you want to live in a queer utopia?

Seriously, though, your sentiments are touching in a very creepy sort of way, but I'm afraid that the APA and every other major psychological organization disagrees with your assessment of the situation. Throughout your career posting here on sciforums you've managed to shock me quiet thoroughly with your archaic views of homosexuality, perhaps you should update your knowledge base beyond the collected works on the subject dating from 1950 and earlier.

Okinrus said:
Point is, you have every right to marry as I do.

Don't you think that a democratic society with a government supposedly for the people can offer better than a catch-22?

A quick aside, I hope that some note was taken of my attempt to address the particular concerns and fears of my audience in my first post here. I find increasingly that it's best to target these concerns when you actually want someone to listen to you, they want to know that you understand their side of things, and have though from their shoes at least in a hypothetical capacity. On the other hand what I find myself most often met with in return is complete dismissal of the idea that my personal romantic long-term relationship with the person I love could possibly be in any way as valid as someone else's even just in the context of the existing legal framework which our society has built for such relationships. It's enough to make a guy start to think that people are trying to call him some sort of emotional cripple, or the like. I don't look favorably upon it!

Okinrus said:
Mixed marriages do present another problem, however. Back then, I guess, everyone was entitled to the same right: to marry someone of their own race and opposite gender. In spite of what some court may have said, our society allows mixed marriages not because of equal rights but because of human rights in general.

Ahh, so it was just a general thing? Removing baseless restrictions on liberty which serve only as petty punitive measures against a segment of society that the majority finds to be reprehensible in favor of making the system work for those citizens just as much as everyone else at no cost to anyone is a good thing? I wouldn't have known it from the way you've been treating this subject.

And as for you, Baron Max, you can heap as many straw men at my feet as you like, but I’m not going to back up and fall down that slippery slope of yours. Let's deal with this topic as it's own issue and not try to pretend that the choices here are completely obedient blind adherence and adoration to the law as it stands without any examination or critical thought as to how just it is or complete and utter chaos and anarchy. That's a bit of an exaggeration to put it very lightly.
 
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Mystech said:
And as for you, Baron Max, ..... Let's deal with this topic as it's own issue...

And that's part of the homos' problem ...they refuse to discuss the "issue" as it relates to the consequences. Sure, you don't have to discuss it here, but it'll be discussed in congress soon.

Legal restrictions are a fact of life ...some good, some not so good ...but there ARE legal restrictions. Gays and lezzies marrying is just one of many.

Baron Max
 
Baron Max said:
Legal restrictions are a fact of life ...some good, some not so good ...but there ARE legal restrictions. Gays and lezzies marrying is just one of many.

Ahh ok, so things are the way they are, and there's no rhyme or reason to any of it, and none of it is because this is the world we've built for ourselves? Way to go, Max, you're a real champion for the status quo.

If you're not interested in thinking critically about the situation then please just go drink a beer and watch some NASCAR, and let those brain cells die off, you clearly aren't using them for anything.

In the meantime those of us interested in debate will continue to post on sciforums. I know I may say some rude and mean things to Okinrus, but for gods sake at least he's trying.
 
I think Baron Max may have just created a new mutant logical fallacy by combining so many in one post.
 
Well, y'all are the ones wanting the change in the law, but if you're unwilling to even discuss it with us "homophobes", perhaps you don't want it enough. Many people have concerns, some good ones, some not so good, but just sloughing them all off as "stawmen" is not the way to win friends and influence people. But that's okay ..you're the ones who are up against the issues.

Me? I'm perfectly happy with the status quo. ....so don't answer my concerns, keep calling everything "strawmen" and I and many, many others won't support your efforts, fair enough? And if y'all keep losing the vote of people like me, who's gonna' vote for your changes?

Baron Max
 
okinrus - do you know any gay people? Thinking that homosexuality can be cured is an outdated notion that is evidently untrue by simple questioning of any outright gay person.
Silas, yes, on this forum. Treatment isn't outdated. What's outdated is that we don't know the cause of attraction. Often a correlation exists between previous sexual abuse and abnormal sexual attractions. If some behavior could cause or influence the attraction in some cases, then the attraction might therefore be eliminated in all cases. In short, just because we don't have a complete cure doesn't mean people shouldn't try. Even someone with drug addiction will be tempted again and again, I suppose.

And I could just as easily claim that opposite-sex attraction can be stifled and cured. Grab your ankles and embrace your inner rainbow, Okinrus, it's time to queer you up. Think of it, we'll create a better dressed world with much better interior design, and cheaper real-estate prices as the world population begins to decline. Don't you want to live in a queer utopia?
It might be possible, but I'd have to desire it for some reason.

Throughout your career posting here on sciforums you've managed to shock me quiet thoroughly with your archaic views of homosexuality, perhaps you should update your knowledge base beyond the collected works on the subject dating from 1950 and earlier.
I do occasionally post arguments to test the idea out. I might feel the idea is true, but without having tested the idea, I wouldn't know.
 
Restrictions on marriage:
1. Under the age of 18
2. Direct blood relative
3. Currently married to someone else
4. Partner of the same sex

Those are a few of the current, legal restrictions on marriage in the US. What arguments can be made for eliminating one of those restrictions without eliminating all of them? And isn't that what gays and lesbians want to do?

Baron Max
 
Mystech said:

Don't you want to live in a queer utopia?

The thing that gets me is that places like The Castro and Cap Hill (Seattle) will still be as queer as it gets. Just as Christians have their churches, so do they have concerts and bookstores and Christ-fests and even public holidays spawning cottage industries to help the economy. If I don't wish to experience an overdose of what I consider distasteful, I can certainly choose to avoid these events, forego Trinity and Three Angels (TV networks), and endure with dignity frequent intrusions into the headlines, and oppose unreasonable legislative assertions.

I don't see how life will be any different in a "queer utopia". I go down to the local mall, no, it's not any more appropriate to drop and give out twenty than it is to hold a baptism in front of Victoria's Secret. If I don't want to be around sexually-liberated people, I won't shop in their stores or drink in their bars or buy their books.

It seems to me that what the traditionalists and homophobes are afraid of is having to be like everybody else and make a conscious choice to ignore what offends them.

Of the topic in general, Mystech, if I'm pessimistic it has nothing to do with you. Rather, despite your best efforts, I'm generally of the opinion that "they" don't actually wish to communicate anything about the issue except their demands.

I do hope they prove me wrong on that point. Good luck.

And as for you, Baron Max, you can heap as many straw men at my feet as you like, but I’m not going to back up and fall down that slippery slope of yours.

Perhaps you are wiser than I, but I'm going to gamble on a secondary effect.

• • •​

Baron Max said:

Those and many other laws are restrictions based NOT upon equal rights, but upon "reasonable" restriction of those rights under the law.

But what constitutes "reasonable? Or, to consider it in terms of the later expression:

Restrictions on marriage:
1. Under the age of 18
2. Direct blood relative
3. Currently married to someone else
4. Partner of the same sex

Those are a few of the current, legal restrictions on marriage in the US. What arguments can be made for eliminating one of those restrictions without eliminating all of them? And isn't that what gays and lesbians want to do?

(1) Competence of consent: It has been argued and accepted as recently as the U.S. Supreme Court's recent consideration of capital punishment for juveniles that the juvenile brain operates differently from the adult brain. The differences include effects regarding how decisions are made. Equality protection under the law demands either a reasonable standard applied to all people (e.g. minimum age), or else, when technologically and economically feasible within the boundaries of one's right to their own body, according to an individual determination of when adulthood occurs. As the laws of society are intended for the benefit of the society, either through the people or despite them, and as the laws of the United States, for instance, are definitively-intended, "in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity". (See, "Preamble"; see also, analysis of the Preamble.) In the United States, at least, a certain discrimination recognizing youth is accepted in the name of the general welfare, the blessings of liberty, and also our posterity.

(2) Do we really need to be doctors to understand that one? Incest leads to a problem that does not plague homosexuality. It sort of leads to direct negative consequences for the society. "You get babies with nine heads," goes the Broadway explanation, which, while figurative, is a far sight better than the Biblical.

(3) I think this one's easy enough to see clearly. If not, the problem can be solved by removing government from marriage entirely. No marital licenses, no marital regulation, no marital recognition.

(4) Not entirely correct: In Oregon, for instance, to read beyond the superficial arguments of "usurping democracy" and such, county officials could find no legal reason to deny marriage licenses. It is why, despite the Supreme Court's feelings on laws intended to discriminate, states are now rushing to pass discriminatory laws. Part of the problem was that under the standard defined in Bowers v. Hardwick, which was essentially the status quo, there was no need to pass a definition of marriage law: you simply outlawed sodomy, fellatio, and cunnilingus, and that was the end of the discussion. When Lawrence v. Texas broke the status quo according to the Constitution, there was no longer any legal standard by which communities could deny same-sex marriage licenses. Rather than usurping democracy, officials who did not seek special permission before issuing marriage licenses to same-sex couples were simply following the law.

Getting back to the notion of "reasonable" restriction:

But I also think that it's true that certain restrictions are necessary under the law. I.e., driving age restrictions, voting age restrictions, incestuous marriage restrictions, polygamous marriage restrictions, concealed weapon restrictions, gun ownership restrictions, alcohol/driving restrictions (on the idea that one "MIGHT" cause an accident)

What, then, is "reasonable" about gender discrimination?

Listed are a number of restrictions considered reasonable by society, but what is their reasonable basis? Motor skills? Comprehension of responsibility? Biological detriment to the species? Restrictions on the use of lethal weapons? And intoxicants that have the effect of inhibiting your ability to respect other people?

What about gender discrimination? Unlike driving, voting, incest and polygamy, weapons, and intoxicants, the argument in favor of prohibiting same-sex marriage is spotty at best, and what argument there is crumbles in the face of fact. The only argument left standing is ineffective: tradition founded in religious sentiment, the elevation of irrationality in law.

How can you advocate same-sex marriage, using the equal rights laws, without also advocating lifting ALL RESTRICTIONS of those rights? ...like handgun restrictions? ...like underage driving? ...like underage drinking? ...like fathers marrying their daughters? ...like brothers marrying their sisters? Oops, and older men having sex with and marrying underage girls!? And many others! Those are simply restrictions, some simply age-based, that are legal now, but would be/could be deemed illegal if ALL such restrictions are lifted. Is that what you want? Or are you seeking SPECIAL consideration for homos?

The reason people are so critical of such points is that they are the idiotic produce of substandard minds. I'm sorry I can't be any more kind about it, but after a few years of hearing such arguments repeated without any discussion of the rational basis of restriction, I think some folks have the right to feel offended. It's an odd phenomenon. No matter how many times we cycle through the argument, we find people simply recycling old analogies already defused, so that the dialogue is nothing but constant reiteration of irrelevancies according to the will of the conservative point.

How does the conflict arise? That's what traditionalists and homophobes have consistently failed to explain. In the 1990s, when comparing homosexuality to pedophilia, bestiality, and necrophilia, they overlooked the simple issue of consent. Why am I not surprised that the traditionalist perspective has trouble with the idea of consent? Incest? I mean, really. Explain to me, please, how the social detriment of birth defects affects a homosexual union.

The analogy is too general, invites too many questions: "Those are simply restrictions, some simply age-based, that are legal now, but would be/could be deemed illegal if ALL such restrictions are lifted."

That's the straw man. Everything else is expected in light of that.

It's only a relatively recent development in this nation where the age of the couple was restricted to over 18, too. And a cut-off age of 18 is no less a legal restriction than is the legal restriction for same-sex marriage or incestuous marriage.

But, wait, you're not fighting so hard to eliminate age-based restrictions, are you? Oh, why not?

There is a reasonable basis for certain age restrictions that protect the child. Such a basis has not been successfully established regarding same-sex coupling.

Lift all restrictions or lift none. Live with it!

I guess that answers the issue of what constitutes "reasonable".

And that's part of the homos' problem ...they refuse to discuss the "issue" as it relates to the consequences. Sure, you don't have to discuss it here, but it'll be discussed in congress soon.

Generally speaking, gay-rights advocates are less sympathetic to those who need the issue repeated because those asking for the countless repetitions are playing the role of village idiot. Nothing beyond the blunt and uneducated blather of the conservative politic is acceptable, it seems. How many times should we wade through discredited politics?

Legal restrictions are a fact of life ...some good, some not so good ...but there ARE legal restrictions. Gays and lezzies marrying is just one of many.

So, also, were anti-miscegenation laws. In fact, some people are still upset at the "activist judges" for breaking the color barrier.

Additionally, the process of legal restrictions is important. As I've mentioned, the issue of gay marriage receives focus today because traditionalists and homophobes are rushing to create new laws to outlaw what government agencies had no basis to restrict.

As it is, federal judicial decisions against gay marriage rest on a "culture of rape", in which legal rights are exchanged for undesired sexual union. The installation of gender discrimination into the U.S. Constitution, an effective gender-based limitation to the concept of equal protection under the law, is the only answer left for American traditionalists and homophobes.

Well, y'all are the ones wanting the change in the law, but if you're unwilling to even discuss it with us "homophobes", perhaps you don't want it enough. Many people have concerns, some good ones, some not so good, but just sloughing them all off as "stawmen" is not the way to win friends and influence people. But that's okay ..you're the ones who are up against the issues.

So there's something wrong with not wishing to discuss the whys and hows of justifying rape with an advocate of rapists?

Or, to be less melodramatic, how many times should advocates of equality repeat themselves before you actually offer some decent justification for repeating the questions over and over and over and over and over again?

I'm perfectly happy with the status quo. ....so don't answer my concerns, keep calling everything "strawmen" and I and many, many others won't support your efforts, fair enough?

Such condescending dishonesty, often associated with the rhetoric coming from "middle America", is actually the cause of what so many perceive as an elitist disdain for commoners among political liberals. The status quo right now is that states must rush to install gender discrimination into the law. The status quo actually favors gay marriage. The status quo is only darkened by those who insist that compliance with the law is a usurpation of the democratic right to cast judgment about what does not concern them. Of course bigots are happy with a status quo that reflects the lowest aspects of the American intellectual pool and stands on the irrational presumption of bigotry.

If one was happy with the status quo, they would recognize the equality under the law that traditionalists are rushing to eliminate.

Just because thinks they're happy with the status quo does not empower them to be rude.

So 'round and 'round we go, once again being asked to give special consideration to bigots because they're not smart enough to understand the usefulness of explaining why they disagree with what's already been explained to death and never sufficiently refuted.

This reminds me of the cycle that arises when considering gays and adoption:

Bigot: Since children of gay couples are hurt by the experience, why should gays be allowed to adopt?
Response: Children of gay couples are not hurt by the experience. They do as well or better than their peers. See source A, source B, source C.
Bigot: But since it's harmful to kids to have gay parents, why should gays be allowed to adopt.
Response: Children of gay couples are not hurt by the experience. They do as well or better than their peers. See source A, source B, source C. Oh, and try source D, that I just found.
Bigot: But gays shouldn't be allowed to adopt children. It's bad for the kids.
Response: Can you show it's bad?
Bigot: Can you show it's not?
Response: I already have. See sources A through D.
Bigot: Then tell me why gays should be allowed to adopt children, since it's bad for the children.
Response: Never mind. You're not paying attention.
Bigot: You know, that's part of your problem. You refuse to discuss anything. I mean, all I want to know is why gays should be allowed to adopt children? After all, the studies say it's bad for children.

How many times should we go through it? It's rather quite silly. Apparently, for every new topic having to do with homosexuality, we must go all the way back to square zero and explain the fundamental points of the discussion from the ground up. Summary points would do fine, but people want to stop and argue along the way, and take up the same old sidebars, so that it's merely an exercise in the same.

Much like the amorphous "middle America", people presume to be happy with what they perceive as the "status quo", while simultaneously calling for a change. To be happy with the status quo is to be happy with injustice and Constitutional deviation, and anyone is welcome to explain to me what the hell there is to respect in that happiness.
 
Tiassa, maybe the parents should be able to choose a profile or something. You know, if a parent is comfortable with allowing their children to grow up with gay parents, then they should be able to do so, of course. But if a parent isn't, then they should be able to have their wishes granted to them, you know.

The thing that gets me is that places like The Castro and Cap Hill (Seattle) will still be as queer as it gets. Just as Christians have their churches, so do they have concerts and bookstores and Christ-fests and even public holidays spawning cottage industries to help the economy. If I don't wish to experience an overdose of what I consider distasteful, I can certainly choose to avoid these events, forego Trinity and Three Angels (TV networks), and endure with dignity frequent intrusions into the headlines, and oppose unreasonable legislative assertions.
It's every citizens duty to vote for the politicians who uphold their moral values and are able to serve this country best. But, in the realm of moral values, you have values which are personal and values which much must be upheld by a politician: honesty, kindness, etc. Along with these values people have litmus test issues. They might say that someone who supports abortion isn't kind, or that someone who supports gay marriage isn't honest. Of course, the actual link is bit tenuous, but these issues, in general, allow someone to choose politicians who share their own moral framework and beliefs.

Competence of consent: It has been argued and accepted as recently as the U.S. Supreme Court's recent consideration of capital punishment for juveniles that the juvenile brain operates differently from the adult brain. The differences include effects regarding how decisions are made.
No doubt, but what model are the courts using? I mean, sure, considering there're not using a model with the soul, a criminal's brain must be different than non-criminal; otherwise, a criminal would behave like the non-criminal. But if the court continues to go the material way, the criminal person didn't commit the crime, the criminal's mental disease did. A juvenile's brain is different, yes, but so is a criminal's?

Such condescending dishonesty, often associated with the rhetoric coming from "middle America", is actually the cause of what so many perceive as an elitist disdain for commoners among political liberals.
It's not about discrimination but about the definition. Gay marriage is a minomer. It's like calling a door a door and then getting upset when someone wants to call their doors chairs, etc. But gays have the right to argue their case, of course. I just don't see how their definition is intrinically better than the conservative Christian's or polagamist? Gays must only argue their case in a pragmatic fashion.
 
Okinrus said:

Tiassa, maybe the parents should be able to choose a profile or something. You know, if a parent is comfortable with allowing their children to grow up with gay parents, then they should be able to do so, of course. But if a parent isn't, then they should be able to have their wishes granted to them, you know.

Ooh, is there a box I can check to make sure no Christians ever raise my child?

Seriously, since my biological mother, when she gave me up for adoption, insisted that I be given a religious education in my lifetime as a condition, can I check a box to make potential guardians of my child unable to take her anywhere near my church?

It's every citizens duty to vote for the politicians who uphold their moral values and are able to serve this country best.

Yes it is. I suppose it's even more important, though, when, like Christian political advocates, you're begging for the institution and preservation of discrimination.

Along with these values people have litmus test issues.

Conservatives have so skewed the meaning of "litmus test" that it has no meaning. A litmus test issue is important if it is indicative of paradigm. It is not important if, as with conservatives, it's an obedience test.

No doubt, but what model are the courts using? I mean, sure, considering there're not using a model with the soul, a criminal's brain must be different than non-criminal; otherwise, a criminal would behave like the non-criminal. But if the court continues to go the material way, the criminal person didn't commit the crime, the criminal's mental disease did. A juvenile's brain is different, yes, but so is a criminal's?

Here, I want you to try something.

• Roll a six-sided die. Record the result.
• Repeat for a total of ten results.
• Flip a coin. Record the result.
• Repeat for a total of ten results.
• Compare the results of the dice to the results of the coins.​

In no case will "tails" equal "six".

So even if both results equal a death, the court sees a fundamental difference. An adult criminal rolls the die and gets a six instead of a four. The juvenile criminal flips a coin, and will never get either six or four. That's what the court is recognizing.

It's not about discrimination but about the definition. Gay marriage is a minomer. It's like calling a door a door and then getting upset when someone wants to call their doors chairs, etc. But gays have the right to argue their case, of course. I just don't see how their definition is intrinically better than the conservative Christian's or polagamist? Gays must only argue their case in a pragmatic fashion.

It is about discrimination. No proper and decent reason has been given to justify the new definition conservatives wish to legislate:

Religion: Not legal grounds for prohibition.
Reproduction: Assertion inconsistent with reality: thousands of American children await adoption; my familial mother is barren, and should not have been allowed to get married.
Tradition: Insufficient grounds for prohibition.
Nature: Same-sex mating and commitment are evident in the animal world.​

In the meantime, there's nothing to stop churches from the hypocrisy of endorsing one adultery but not another if they so wish. Public officials, however, are not to make such discriminations. After all, that's why we have conservatives rushing to create new legislation.

The more liberal definition of marriage is intrinsically better simply because it is the one that reflects the relevant conditions. You can spend your life saying, "Who?" every time you hear someone refer to their same-sex partner as their spouse, or you can decide whether or not it's worth changing the legal structure specifically to conform to your moral assertions. When the prohibition against sodomy was struck down, the last legal barriers to gay marriage went with it. At least, for some communities. That's why conservatives in Oregon were outraged at the usurpation of democracy that comes when public officials follow what legal standards are available.

Traditional and religious definitions don't have as much to do with it as conservatives would like to pretend. Perhaps if conservatives had stuck to "reproduction" and not "family", they wouldn't have helped raise a national consensus that focuses so intently on the importance of family.
 
Ooh, is there a box I can check to make sure no Christians ever raise my child?
Why not?

Seriously, since my biological mother, when she gave me up for adoption, insisted that I be given a religious education in my lifetime as a condition, can I check a box to make potential guardians of my child unable to take her anywhere near my church?
I'm not sure what you mean here?

It is about discrimination. No proper and decent reason has been given to justify the new definition conservatives wish to legislate:
Not every definition will have a reason for it. We'd have reasons for reasons, and we'd never be able to make any final say. That said, for many people there are quite a few reasons for keeping the current definition.

Conservatives have so skewed the meaning of "litmus test" that it has no meaning. A litmus test issue is important if it is indicative of paradigm. It is not important if, as with conservatives, it's an obedience test.
What does obedience have to do with gay marriage?

Religion: Not legal grounds for prohibition.


Reproduction: Assertion inconsistent with reality: thousands of American children await adoption; my familial mother is barren, and should not have been allowed to get married.
The vast majority of marriages aren't barren. Traditionally, though, a marriage that is barren is still marriage. The argument concerning reproduction is that the government's marriage laws are to protect children, and this is true in general, only that you have a small percentage of marriages that are barren.

Tradition: Insufficient grounds for prohibition.
Tradition is grounds for applying the word "marriage" to something. Much the same way, we can use the word "kill" to mean kill because of tradition. It's what the word traditionally means. What's insufficient is any attached benefits to marriage.
 
Gambit Star said:
I am NOT reading all of that !

If written arguments make you uneasy, then perhaps you're on the wrong website. You might check out http://www.albinoblacksheep.com http://www.newgrounds.com or http://www.ebaumsworld.com . These sites are filled with delightfully humorous and irreverent, and often nonsensical flash animations video files, and pictures which don't require too much time or cognitive power to have a good belly laugh at. I’m glad that you took the time to let us know that there’s just too much writing on this page, and I’m sorry that this fact has offended you. Do enjoy these links.
 
Okinrus said:

Imagine my child is taken away from me for some reason that leaves her in the foster system, from which she is adopted. Why, short of a compelling reason that can be put into evidence, should I have a say in who cares for the child? If my child is being taken away from me, I'd say I've already exhausted the option of passing her off to family or establishing a godparent to stand in my absence.

I'm not sure what you mean here?

I have a long list of things people can believe that serve as "red flags" for who I wouldn't want raising my child. My own biological mother saw the potential of atheism as problematic, and as part of my adoption my family agreed that I would have a religious education at some point in my life. As a result, I am a baptized and confirmed Lutheran, and frankly the lot of 'em can f@ck themselves. Mind you, it's not just about Christians: I want an equal stipulation--if you take my child anywhere near a church, you forfeit your parental rights.

But is that really healthy? Was it really a healthy idea to force religion into my life? I'd probably be a straight atheist if it wasn't for that dumb-assed clause that signed away my rights before I was born.

Personally, I object to that kind of excrement: "Hi, I'm unable to care for a child, and therefore assign the burden to you, but you can't do the best job you know how, you have to do the best job I, who am unable to take care of my child, think you should do."

It's beneath respect. It's insidious.

Not every definition will have a reason for it.

When the definition in question is--

• intended to discriminate against gender
• a challenge to the U.S. Constitution
• an advocate of a society in which rights are awarded by the government in exchange for unwanted sexual contact
• volatile enough to have politicians willing to strike equal protection from the U.S. Constitution when their "rape culture" fails​

--I think a decent and proper reason is more than simply appropriate. It's a necessity.

What does obedience have to do with gay marriage?

It doesn't. It has to do with the problems of litmus tests. If it's every citizen's duty to vote on behalf of their morals, do they not also have a duty to make sure those morals are properly-informed? Or would that be too much of a burden?

A litmus test is supposed to be more specific than "someone who supports abortion isn't kind". And yes, I'm aware you're using a soft generalization for illustrative purposes. But the functional difference is that a litmus test should examine the reasons more than the position itself. Otherwise, litmus tests become, as they are for so many conservatives, mere tests of political obedience.

The vast majority of marriages aren't barren. Traditionally, though, a marriage that is barren is still marriage. The argument concerning reproduction is that the government's marriage laws are to protect children, and this is true in general, only that you have a small percentage of marriages that are barren.

I have boldfaced a portion above because it is the point of response, albeit served by the rest of that quote.

Help me understand, please, what the child-protection issue is there here? It's obviously not about pedophilia. This forum has already been through that. Nor is it assertion of negative psychological effects. This forum has already examined that issue, as well. And it can't possibly be concerns about single-parent issues, since the discussion involves gay marriage, but also because around 33% of the adoptions in the United States each year (up from <4% in the 1970s) place children in single-parent households. And, just make the point even more clearly, a 1997 study reported that single-parent adopters, as a group, tended to adopt special-needs children. (See Adoption.com for the statistics I'm looking at.)

I mean, I'm glad we can put the bit about barren women and impotent men aside, but what child-protection issue applies?

Tradition is grounds for applying the word "marriage" to something. Much the same way, we can use the word "kill" to mean kill because of tradition. It's what the word traditionally means.

Tradition for who or what? Government traditionally regards marriage as a contract, signed with witnesses and everything, and there are legal rules for the termination of that contract, and in some states consequences for breaching that contract.

Furthermore, a football coach once related to me the story of a game at the University of Idaho at a time when the school's Kibbie Dome was almost but not entirely finished. It was good to play the game, but there was only a temporary partition separating the two halves of the same locker room to be shared by both teams. As the opposing coach (one of whose staff, who was present, would later tell me the story) gave his pre-game pep-talk, the Vandals broke theirs in the other half of the locker room, and proceeded to tromp as loudly as possible through the partition and out of the locker room. One of the Vandal players, in his zeal, got in the opposing coach's face and gave him a red-faced, spittle-laden excoriation before triumphally stomping out to the field. The moral of the story, apparently, is about running up the score. "So there's a little under a minute left," the former assistant coach explained, "and we're just killing them. Forty points. And we've got that goofball kicker who can't show up to practice on time, but can kick onside better than anyone else around at the time ...."

I guarantee you, no corpses were removed from the field that day.

People have become sensitive about such words, admittedly, because of right-wing radio. You don't storm away from an argument and mutter that you want to kill someone, these days, because that puts you at the top of the suspect list when it's merely a colloquialism. (It's not just "kill", either. The language of my parents' generation: kill, strangle, beat, whoop, break, whip .... I still here parents shout, "I'm gonna bust your butt if you don't stop!" But if the school finds marks, such phrases will be held against the parent.)

But, more importantly, no government committed to establishing justice, securing the blessings of liberty, and the equal protection of all, can reasonably be expected to simply and willfully drop its own traditional definition in favor of a religious definition.

What's insufficient is any attached benefits to marriage.

As Congress has made so clear. Actually, I'm betting I don't get your point on that one.
 
Personally, I object to that kind of excrement: "Hi, I'm unable to care for a child, and therefore assign the burden to you, but you can't do the best job you know how, you have to do the best job I, who am unable to take care of my child, think you should do."
Wouldn't your biological parents give you a religious education anyways. Wouldn't your adopted parents give you a religious education anyways?

Personally, I object to that kind of excrement: "Hi, I'm unable to care for a child, and therefore assign the burden to you, but you can't do the best job you know how, you have to do the best job I, who am unable to take care of my child, think you should do."
It would have to be on a preference base. Many of the adopting parents are put on large waiting lists. It makes sense for the biological parents to have some say in who cares for their child.

• intended to discriminate against gender
The definition doesn't.

• a challenge to the U.S. Constitution
Changing the US constitution and being against gay marriage are two different issues.
After this, you mentioned discrimination, I think. It doesn't work. Discrimination can only be applied here to what the individual can do, not what the group can do. I can pick three people, say they can't get married, and then claim the government is descriminating against those who want to have threesomes. The fact of the matter is that neither I nor a gay person can marry an individual of the same sex but we both can marry and individual of the opposite sex. These rights are expressed in terms of the individual not the group. Of course, the group can have rights; but even then, they're usually viewing the group as one entity, right?


Tradition for who or what? Government traditionally regards marriage as a contract, signed with witnesses and everything, and there are legal rules for the termination of that contract, and in some states consequences for breaching that contract.
Tradition explains why this contract is called "marriage". It doesn't explain why the goverment allows the contract. We can presume they do because they think it's beneficial to society. Otherwise, they would have neither marriage nor gay marriage. Hence gays must show gay marriage is beneficial, and that it's more beneficial than civil unions.
 
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