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Anti Gay Marriage = Bigotry? Anti Gay Marriage = Bigotry?

06-27-2011 , 07:14 PM
Quote:
Originally Posted by ganstaman
3) BTirish says that infertility is in fact a reason to not wed, citing Church law.
This is not accurate. I expressed as a personal view that I would generally counsel someone with known infertility not to get married; I didn't express it as an absolute, but as a general piece of advice. There was no reference to "Church law" concerning infertility. The only references to Church law I made had to do with impotence, not infertility. Just like civil law in civil law, under canon law failure (or inability) to consummate the marriage is a grounds for annulment.
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06-27-2011 , 07:18 PM
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Originally Posted by BTirish
This is not accurate. I expressed as a personal view that I would generally counsel someone with known infertility not to get married; I didn't express it as an absolute, but as a general piece of advice. There was no reference to "Church law" concerning infertility. The only references to Church law I made had to do with impotence, not infertility. Just like civil law in civil law, under canon law failure (or inability) to consummate the marriage is a grounds for annulment.
Bet you're fun to be around...
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06-27-2011 , 07:25 PM
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Originally Posted by All-In Flynn
"Naturally ordered towards" is a vacuous construction. Here you are just re-iterating what I've already objected to: treating the sexual act solely at the level of abstraction best suited to opposing same-sex unions.
Does it make any difference to you that this precise "level of abstraction" concerning the definition of marriage, in both civil and canon law, predates by many centuries even the slightest hint of debate about homosexual marriage? It's not like I (or anyone in the last 15 years) just came up with this account of what marriage is specifically in order to exclude gays.

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Privileging one type of "can't conceive" over another type of "can't conceive" is arbitrary without justification, which you've not presented - 'naturally ordered' means nothing.
Convincing you of a generally Aristotelian understanding of nature is a little beyond what can be accomplished in a thread like this. Would you be willing to grant a conditional similar to "if there were some meaning to the claim that the reproductive act is naturally ordered to reproduction (even when one of the partners is infertile), then BTirish's view would be more reasonable?"

As for the various examples you compare, doesn't what you write suggest that having one's sex changed is no more significant a change than going from being infertile to being fertile?
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06-27-2011 , 07:30 PM
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Originally Posted by EasilyFound
I still haven't seen a justifiable reason for denying gay couples the same right to marriage, under the law, as heterosexual couples. None.

Even if at one time the "primary" purpose of marriage was to procreate and raise children, that is not a justifiable reason to deny gay couples the right to marry, because two people who cannot procreate with each other, either because of age or infertility, are permitted to marry.

Others oppose gay marriage because they view it as a sin or as contrary to their own religious principles. I can understand that, but in this country we don't allow one group to impose its religious views on the rest of us. So religious opposition is not a justifiable reason to deny gay couples the right to marry.

Others may, I suppose, believe that gay marriage is somehow harmful to the fabric of society or the religious institution of marriage between a man and a woman. I don't agree. Further, as others have noted, heterosexuals have done a fine job of weakening the institution of heterosexual marriage with their own increasing rates of divorce and infidelity.

Laws against gay marriage are discrimination and wrong, and cause terrible suffering on a group of fellow citizens and fellow human beings. If you are heterosexual, they want to same right that you have -- to marry the person that they love with their whole heart. If you deny them that right, you might not be a bigot, but I believe it is fair to say that you lack compassion in your heart.
In before "you are making too many assumptions" and "history says you can't use that word."


Quote:
Originally Posted by the_f_was_that
Would a kind 2+2er pls tell me whether somebody has come up with a secular antigay marriage reasoning yet?
No still waiting. I thought madnak was out best hope but he has resorted to linking to something about buttered toast and how he is disappointed with us for not recognizing he might be anti-gay marriage but not bigoted. And as pointed out many times, yes ignorance is another option. Just like the holocaust denier. It is possible they were born into strict parents or are not curious enough about the world to challenge what their crazy boy scout troop teaches them. So here we have a non-bigot with an overwhelmingly bigoted, but ultimately ignorant view.

There seems to be a fear about changing of the mind and having a belief you have an emotional investment in challenged from the anti-SMS/GM crowd. Only thing I can come up with at this point to explain all of the goalpost moving nonstop. Note that even though I am pro-SMS/GM/HeaumeauxM I am open-minded if anyone has a remotely good secular reason. Still waiting.......

Also, I like that bunny admits to arguing as a dictator in these threads, and is also I presume immune from having his beliefs changed. Lucky I am not gay and bunny isn't in charge.
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06-27-2011 , 07:36 PM
Are any of the people arguing against me willing to admit this much: BTirish has a coherent set of reasons supporting his view? (You could agree with that, even if you think one of my premises (e.g., sex between infertile heterosexuals is relevantly distinct from homosexual sex) is false. Does it help to remind everyone that I haven't argued directly against civil unions, just against calling heterosexual and homosexual relationships by the same name, marriage?

I mean, this whole exercise on my part has been under the project of the thread topic, to see if anyone was willing at some point to say "okay, I see that you have reasons and aren't just a bigot, but I disagree with you because. . ."
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06-27-2011 , 07:40 PM
Thx , tpir. Kinda wish I hadn't read your post though. Provided it's correct, it shatters my perceptions of both madnak and bunny. Thought they'd be on our side.
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06-27-2011 , 07:43 PM
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Originally Posted by BTirish
Does it make any difference to you that this precise "level of abstraction" concerning the definition of marriage, in both civil and canon law, predates by many centuries even the slightest hint of debate about homosexual marriage? It's not like I (or anyone in the last 15 years) just came up with this account of what marriage is specifically in order to exclude gays.
No difference at all. Why should it?

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Convincing you of a generally Aristotelian understanding of nature is a little beyond what can be accomplished in a thread like this. Would you be willing to grant a conditional similar to "if there were some meaning to the claim that the reproductive act is naturally ordered to reproduction (even when one of the partners is infertile), then BTirish's view would be more reasonable?"
Even terming it 'the reproductive act' is trying to stack the deck. The copulation of the infertile is not a 'reproductive act'.

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As for the various examples you compare, doesn't what you write suggest that having one's sex changed is no more significant a change than going from being infertile to being fertile?
I don't see how, but so what if it did?
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06-27-2011 , 07:44 PM
Quote:
Originally Posted by the_f_was_that
Thx , tpir. Kinda wish I hadn't read your post though. Provided it's correct, it shatters my perceptions of both madnak and bunny. Thought they'd be on our side.
You might want to trust your perceptions more than tpir's reading comprehension.
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06-27-2011 , 07:47 PM
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Originally Posted by All-In Flynn
No difference at all. Why should it?
The way you made it sound was that I just "stopped" at this account precisely in order to exclude gays. I was pointing out that this is not the case.

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Even terming it 'the reproductive act' is trying to stack the deck. The copulation of the infertile is not a 'reproductive act'.
First time anyone's objected, but fine. You still didn't answer the question: if what I have to say concerning heterosexual sex (that it's naturally ordered to reproduction even if one of the partners is infertile) is in fact meaningful and correct, then would you say that my position is more reasonable?
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06-27-2011 , 07:49 PM
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Originally Posted by madnak
You might want to trust your perceptions more than tpir's reading comprehension.
Oh I definitely believe that "deep down inside" you agree with us, but all of this meta- and high roading has gotten old re: this thread. Either you have a secular reason you can state in two sentences or you don't, so which is it?

I am fully aware of your sick high level argument that not all toast-butterers are necessarily anti-butter but I would like to see you drop down out of the clouds and pragmatically apply it to anti-gay marriage. If you don't want to that is your prerogative but calling my reading into question is aids. Also I responded to you re: your "parable", the person should just change their mind because they are wrong. The end.
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06-27-2011 , 07:49 PM
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Originally Posted by BTirish
I mean, this whole exercise on my part has been under the project of the thread topic, to see if anyone was willing at some point to say "okay, I see that you have reasons and aren't just a bigot, but I disagree with you because. . ."
I thought I did that, in my own way, of course.
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06-27-2011 , 07:50 PM
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Originally Posted by Aaron W.
Under your view, what is the fundamental status of "marriage"?
I don't really understand the question. I wouldn't care if the government removed itself from marriage altogether. As it stands, if it's going to extend the privileges to one section of the population, the constitution demands that it extend those privileges to the rest of the population. It's only a matter of time before it happens.
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06-27-2011 , 07:55 PM
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Originally Posted by BTirish
This is not accurate. I expressed as a personal view that I would generally counsel someone with known infertility not to get married; I didn't express it as an absolute, but as a general piece of advice.
This makes little sense. There are a multitude of reasons to get married aside from having kids as has been pointed out to you several times. How you, other people, religious groups, etc, view marriage is irrelevant to how I view marriage or anyone else views marriage. It is further irrelevant in the legal sense as becoming legally married makes no mention of having children.

It's only a matter of time before DOMA is overturned on constitutional grounds.
Anti Gay Marriage = Bigotry? Quote
06-27-2011 , 07:56 PM
Quote:
Originally Posted by BTirish
First time anyone's objected, but fine. You still didn't answer the question: if what I have to say concerning heterosexual sex (that it's naturally ordered to reproduction even if one of the partners is infertile) is in fact meaningful and correct, then would you say that my position is more reasonable?
That's the thing, it's not meaningful. The vast majority of sexual encounters are not for procreation.
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06-27-2011 , 07:58 PM
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Originally Posted by the_f_was_that
Thx , tpir. Kinda wish I hadn't read your post though. Provided it's correct, it shatters my perceptions of both madnak and bunny. Thought they'd be on our side.
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Originally Posted by bunny
That is my preference. I consider these sort of threads to be "how would the world be if you were a dictator?" not "which of the currently discussed options would you support?"
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Originally Posted by bunny
Why shouldn't we change our institution of marriage to reflect what most people think it is? Don't laws and legal institutions change to reflect the will of the people?

I don't see how you don't consider the fundamental character of democracy to be white, male landowners deciding everything.
Not sure where tpir's getting his notion from.
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06-27-2011 , 07:58 PM
Quote:
Originally Posted by BTirish
Are any of the people arguing against me willing to admit this much: BTirish has a coherent set of reasons supporting his view? (You could agree with that, even if you think one of my premises (e.g., sex between infertile heterosexuals is relevantly distinct from homosexual sex) is false. Does it help to remind everyone that I haven't argued directly against civil unions, just against calling heterosexual and homosexual relationships by the same name, marriage?

I mean, this whole exercise on my part has been under the project of the thread topic, to see if anyone was willing at some point to say "okay, I see that you have reasons and aren't just a bigot, but I disagree with you because. . ."
Sure, your views are consistent, but still bigoted. You view gay marriage and gay sex as unnatural and bad. Your reason is that it's unnatural and bad. You argue that gay marriage goes against tradition, but you don't say why changing tradition is bad, which makes it seem like this isn't really your issue.

Also, there's no reason to not be open here: do you support civil unions for gay couples and marriage for hetereosexual couples?
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06-27-2011 , 08:05 PM
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Originally Posted by BTirish
The way you made it sound was that I just "stopped" at this account precisely in order to exclude gays. I was pointing out that this is not the case.
Inasmuch as you formulated the argument in order to oppose gay marriage, then this is in fact what you did. But what I mean is that you stop at the level of 'penis + vagina' in order to include marriage for the infertile. You don't follow your premises to their logical conclusion.

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First time anyone's objected, but fine. You still didn't answer the question: if what I have to say concerning heterosexual sex (that it's naturally ordered to reproduction even if one of the partners is infertile) is in fact meaningful and correct, then would you say that my position is more reasonable?
If my objection didn't apply, would I still object? No.
Anti Gay Marriage = Bigotry? Quote
06-27-2011 , 08:06 PM
Quote:
Originally Posted by BTirish
First time anyone's objected, but fine. You still didn't answer the question: if what I have to say concerning heterosexual sex (that it's naturally ordered to reproduction even if one of the partners is infertile) is in fact meaningful and correct, then would you say that my position is more reasonable?
This is not the first time someone's objected. The whole point of us bringing up infertile couples throughout this thread -- we don't agree that sex is just a reproductive act, even if between a man and a woman (and even if both are fertile).

Also, you are correct about my other post -- I did confuse you saying impotent instead of infertile. I don't think it changes the heart of my post, but I did misrepresent your exact view.
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06-27-2011 , 08:09 PM
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Originally Posted by All-In Flynn
You said that gay marriage would 'change the legal status of pre-existing agreements' (ie, straight marriages). Then you said that 'legal status' meant 'meaning of terms used in legal documents'. Then you said that 'spouse' would be ambiguous for post-gay marriage documents and that this was some kind of problem. Then you said that 'voter' was ambiguous for post-1878 documents and that this was no kind of problem. Then you said gay marriage would not affect the 'legal status' of straight marriages (ie, pre-existing agreements).
Let's try this one more time.

* The legal status of a man's vote is not changed by a redefinition of "voter."
* The legal status of the pre-existing concept of "voter" changed through women's suffrage.

Are you okay with this distinction?

Now,

* The legal status of a straight couple's "marriage" would not be changed by a redefinition of "marriage."
* The legal status of the pre-existing concept of "marriage" would be changed if it allowed for gay marriage.

Do you understand?

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Why isn't that the best solution? What do you think the best solution is?
I have noted in several places ITT that there are issues about confusing the social and legal contracts that the word "marriage" currently encompasses. I've noted that future questions about other types of social arrangements in the future may require yet another redefinition of the concept of marriage. I've also noted that it might be a better solution to create a legal status of "civil union" that includes both gay and straight marriages for the purposes of creating legal privileges.

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As I said before, I'm for parity. Parity of rights and status in the eyes of the law. If it must be legally referred to as 'garriage' or 'civil legally-equivalent pseudo-marriage' or 'finicky word-game sop to antediluvian sentiments of apologists for institutionalised discriminationification', so be it. People will simply call it 'marriage' anyway.
Not in legal documentation. And that change will help the conversation to move forward.

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Yeah, you're conflating "Flynn's ideal world" with "Flynn's position on this specific issue". Everything after follows from that basic error.
Okay. I guess I just don't understand what you're meaning to say, then.
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06-27-2011 , 08:11 PM
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Originally Posted by CompleteDegen
I don't really understand the question. I wouldn't care if the government removed itself from marriage altogether.
Nor would I, but that's not addresing the point.

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As it stands, if it's going to extend the privileges to one section of the population, the constitution demands that it extend those privileges to the rest of the population. It's only a matter of time before it happens.
What is the "rest of the population"? Because you have not set aside an actual concept of "marriage" you have failed to create any sort of legal boundary for the application to the "rest of the population."

Suppose a trio of gay guys all want to get together and create a family unit. Would equal protection mean that they should all have access to the same legal rights as a heterosexual couple?
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06-27-2011 , 08:12 PM
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Originally Posted by the_f_was_that
Thx , tpir. Kinda wish I hadn't read your post though. Provided it's correct, it shatters my perceptions of both madnak and bunny. Thought they'd be on our side.
http://forumserver.twoplustwo.com/sh...9&postcount=88

This is allegedly madnak's take on why we can't be certain of everything. Because sometimes we have bad premises given to us by trusted sources and history? Really mind-boggling stuff but I would assert that unless this is more meta- that madnak's standards of evidence are very bad.
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06-27-2011 , 08:14 PM
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Originally Posted by All-In Flynn
Not sure where tpir's getting his notion from.
I was speaking about madnak specifically. His view was the one confusing me the most and still is kind of. I only commented on the dictator style as being lolz in general. I am not a dictator fwiw.
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06-27-2011 , 08:16 PM
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Originally Posted by All-In Flynn
Not sure where tpir's getting his notion from.
Thx, that was a relief. Can I count at least the tpir's part of the post about my question as correct?
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06-27-2011 , 08:18 PM
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Originally Posted by lawdude
Aaron, all I can tell you is that my constitutional law hornbook from law school (written BEFORE gay marriage became an issue) says that the state of Virginia made the argument in its briefs that there was no invidious racial classification because blacks were allowed to marry just as whites were; neither was allowed to marry outside their race. So that argument was before the Court, and here's what the Court said about it:

"Because we reject the notion that the mere 'equal application' of a statute containing racial classifications is enough to remove the classifications from the Fourteenth Amendment's proscription of all invidious racial discriminations, we do not accept the State's contention that these statutes should be upheld if there is any possible basis for concluding that they serve a rational purpose."

The "equal application" argument is the one you were making. In the interracial marriage context, it takes the form of "this is not discriminatory, because it forbids whites OR blacks from marrying outside their race. It applies equally to everyone".

So yeah, the case did reject the argument.
I know that your ability to read in context is often lacking, so let me quote the paragraph that precedes the part you quoted:

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While the state court is no doubt correct in asserting that marriage is a social relation subject to the State's police power, Maynard v. Hill, 125 U.S. 190 (1888), the State does not contend in its argument before this Court that its powers to regulate marriage are unlimited notwithstanding the commands of the Fourteenth Amendment. Nor could it do so in light of Meyer v. Nebraska, 262 U.S. 390 (1923), and Skinner v. Oklahoma, 316 U.S. 535 (1942). Instead, the State argues that the meaning of the Equal Protection Clause, as illuminated by the statements of the Framers, is only that state penal laws containing an interracial element [p8] as part of the definition of the offense must apply equally to whites and Negroes in the sense that members of each race are punished to the same degree. Thus, the State contends that, because its miscegenation statutes punish equally both the white and the Negro participants in an interracial marriage, these statutes, despite their reliance on racial classifications, do not constitute an invidious discrimination based upon race. The second argument advanced by the State assumes the validity of its equal application theory. The argument is that, if the Equal Protection Clause does not outlaw miscegenation statutes because of their reliance on racial classifications, the question of constitutionality would thus become whether there was any rational basis for a State to treat interracial marriages differently from other marriages. On this question, the State argues, the scientific evidence is substantially in doubt and, consequently, this Court should defer to the wisdom of the state legislature in adopting its policy of discouraging interracial marriages.

Because we reject the notion that the mere "equal application" of a statute containing racial classifications is enough to remove the classifications from the Fourteenth Amendment's proscription of all invidious racial discriminations, we do not accept the State's contention that these statutes should be upheld if there is any possible basis for concluding that they serve a rational purpose.
The equal application argument seems to be pointing to the penalties and has nothing to with the argument structure that you've put forth.
Anti Gay Marriage = Bigotry? Quote
06-27-2011 , 08:19 PM
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Originally Posted by the_f_was_that
Thx , tpir. Kinda wish I hadn't read your post though. Provided it's correct, it shatters my perceptions of both madnak and bunny. Thought they'd be on our side.
It's not.
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