I was sort of surprised not to see any threads about this already but as a straight male ally, congratulations to all the people in the USA who are now able to legally tie that ball-and-chain around their ankle be with the person they love. Yeah, that.

If people intend to spread hate then they will probably end up blacklisted.
Apparently I need to clarify this for some people. Dissenting opinions do not equate hate, I meant inflammatory or derogatory posts. I think I've only blacklisted one person so far, although some of you may already be on my list. (Written about 3 hours after I originally posted this.)

Mawwwwwwwwiage...

View attached image.
9 years ago*

Comment has been collapsed.

Seems like Murica is now also the land of freedom for the homosexuals. Was about time.

View attached image.
9 years ago
Permalink

Comment has been collapsed.

You can blacklist me. I don't support LGBT or same-sex relationships. It's just wrong.
EDIT: In my opinion! and yes, I can have one!

9 years ago*
Permalink

Comment has been collapsed.

Entitled to your opinion, you are.

9 years ago
Permalink

Comment has been collapsed.

well, then that's my opinion

9 years ago
Permalink

Comment has been collapsed.

Good. I'm not exactly impressed by the blacklist threat. It's pure hypocrisy.

9 years ago
Permalink

Comment has been collapsed.

I did blacklist you and blocked you on steam.
Don't ever wanna be friends with someone that has so much hate!

9 years ago
Permalink

Comment has been collapsed.

Did I say that I have so much hate? I just don't support them!
MUST I support them? NO! btw, idc, blacklist me everywhere)

9 years ago
Permalink

Comment has been collapsed.

I don't care for you either! But to me, when you say what someone else does is wrong - specially when what they are doing doesn't affect you or anyone else in any way - well, that just plain hate.

9 years ago
Permalink

Comment has been collapsed.

aaand, that's your opinion, which again I don't care. I respect your right's to have an opinion, but I don't care about your opinion.

9 years ago
Permalink

Comment has been collapsed.

But see, you don't respect other people rights! If you did, you would be against gay marriage. Why can straight people get marry and gays can't? Doesn't the law and people rights apply to all?
That's an example of a basic right being denied to some people and not others.

9 years ago
Permalink

Comment has been collapsed.

You talk about respect, but you don't respect me having opinion

9 years ago
Permalink

Comment has been collapsed.

He stated a simple opinion and he's sticking to it. If it wasn't for his comments below I would say you were the one hating on him for having an opinion that differed from yours.

9 years ago
Permalink

Comment has been collapsed.

what's wrong with the comments below?

9 years ago
Permalink

Comment has been collapsed.

Well ... your above comment has no reason to be hated against, while your below comment you were kind've asking for it. Even if it was all in jest and even though I understand where you were coming from with it.

9 years ago
Permalink

Comment has been collapsed.

that was a joke reply to RainBoom's comment

9 years ago
Permalink

Comment has been collapsed.

Hence I said "Even if it was all in jest"

9 years ago
Permalink

Comment has been collapsed.

to be honest I don't see a point on raging on this anyway :(

someday straight men will have no rights :D

I think he is just raging because I am not FOR homosexuals

9 years ago
Permalink

Comment has been collapsed.

btw, he is hating me for not supporting LGBT

9 years ago
Permalink

Comment has been collapsed.

Yes, I know. There's people that fall under the category of LGBT that don't support LGBT.

9 years ago
Permalink

Comment has been collapsed.

didn't understand your last sentence, sorry. But anyway, this raging guy is weird(

9 years ago
Permalink

Comment has been collapsed.

I know a guy who's homosexual but also is a stark Conservative and believes gay marriage is wrong.

9 years ago
Permalink

Comment has been collapsed.

lol

9 years ago
Permalink

Comment has been collapsed.

Poor guy, will never be truly happy. :/

9 years ago
Permalink

Comment has been collapsed.

Actually he's perfectly happy with his life and is a successful practicing lawyer.

9 years ago
Permalink

Comment has been collapsed.

Good for him then. Hope he doesn't come to regret his choices later in life.

9 years ago
Permalink

Comment has been collapsed.

But he doesn't have to agree with me. And I'm okay with that.
My problem is when difference of opinions leads to other people being bashed.
And you see, when people spread hate and say that it's so wrong when someone is different, that always leads to bashing. The Nazism is a fine example.
Here in my country (Brasil) a father and a son were bashed because some bigots thought they were a gay couple. That's what happens when people spread hate.
The thing is, I just don't get why someone is concerned with who somebody else is marring. That makes no difference whatsoever in their lives.
And I just don't want to be friends with these kind of people.

9 years ago
Permalink

Comment has been collapsed.

read initial post

Apparently I need to clarify this for some people. Dissenting opinions do not equate hate

only one hating is you, sorry (btw he blacklisted me)

9 years ago*
Permalink

Comment has been collapsed.

Yeah but he's not bashing anybody.

9 years ago
Permalink

Comment has been collapsed.

Wow, about time for some Nazi comparison. Godwin's law never fails. Now if I have a different opinion, I'm comparable to a Nazi.

9 years ago
Permalink

Comment has been collapsed.

What about hating people who hate?

9 years ago
Permalink

Comment has been collapsed.

+1

9 years ago
Permalink

Comment has been collapsed.

wow...someone is on my side...

9 years ago
Permalink

Comment has been collapsed.

Yeah, the biggest troll/bigot in this thread is on your side...

Btw, everyone is entitled to their opinion. That doesn't make them right though...

There's absolutely no reason to be against something so basic (equal civil rights for all) that doesn't affect your life in any way.

9 years ago
Permalink

Comment has been collapsed.

overly cry of joy about anything that's positive into accepting other differences

threat of blacklisting from sg giveaways and denigrate and violate anyone who's being different than them

now let me fight for the right for men to enter girl's toilet rooms in restaurants

9 years ago*
Permalink

Comment has been collapsed.

someday straight men will have no rights :D

9 years ago
Permalink

Comment has been collapsed.

I am a little curious how certain people no longer being deprived of rights translates into other groups being deprived of rights?

9 years ago
Permalink

Comment has been collapsed.

sorry, I don't understand what you mean

9 years ago
Permalink

Comment has been collapsed.

this thread is about people having their right to marriage recognized. you stated that straight men will one day have no rights. what is the logic behind the transition from one to the other? No one lost any rights in this ruling by the US supreme court.

9 years ago
Permalink

Comment has been collapsed.

read RainBoom's comment

9 years ago
Permalink

Comment has been collapsed.

so...you feel that your rights as straight man to enter little girls bathrooms is being impeded?

9 years ago
Permalink

Comment has been collapsed.

threat of blacklisting from sg giveaways and denigrate and violate anyone who's being different than them

read carefully

9 years ago
Permalink

Comment has been collapsed.

you feel, as a straight male, that you have the right to not be blacklisted?

9 years ago
Permalink

Comment has been collapsed.

open your eyes

You can blacklist me.

Are you writing random things to make a quarrel? Otherwise I don't understand you...

9 years ago
Permalink

Comment has been collapsed.

he writes even more poorly than you do. your opinion and his are both essentially gibberish. you dont even seem to know what you are typing.

9 years ago
Permalink

Comment has been collapsed.

This is just reactionary nonsense, the same sort of straw man arguments bigots have always tried to use when their "powerbase" is diminished, when they feel their privilege threatened.:)

9 years ago
Permalink

Comment has been collapsed.

"now let me fight for the right for men to enter girl's toilet rooms in restaurants"

Dude... what?

9 years ago
Permalink

Comment has been collapsed.

Way to go America, it was about time for that :)
And gratz to all the gay men and women out there in the states that've been waiting to finally being able to getting married, go for it!

9 years ago
Permalink

Comment has been collapsed.

then blacklist please

9 years ago
Permalink

Comment has been collapsed.

As a liberal progressive who supports LGBT rights, I'd personally say this is a travesty of justice. Let me explain:

I was initially ecstatic about the news. I told my family and friends and quickly read news stories about it, finding out about the case. I finally felt almost proud for my country, to be a US Citizen. Finally! Same-sex marriages are legal nationwide! I thought this day wouldn't come for many more years, but it's here now!

Then, I found the document. I have read the entire ruling, including every dissenting opinion. I thought it was going to be an exercise in comedy to read those dissenters. After I was through, all I felt was a deep sense of anxiety. It was a very disturbing read—not because they were arguing like maniacs, but because their arguments made sense. I enjoin and encourage anyone and everyone seriously interested in this landmark ruling to read it, all 103 pages, from top to bottom. The majority arguments will swell your heart with joy; then, the dissenter's opinions will disillusion you to the majoritarian rhetoric. The dissenters' arguments are compelling—well, with the exception of Scalia, whose dissent was mediocre at best and whose unironic use of "hippie" didn't win him any brownie points. I strongly recommend you read them, especially if you are a supporter of this landmark decision like I was.

I hate to do this, Khazadson, and I hope you don't count this as "hating", but I think I hesitantly support the overturning of Obergefell v. Hodges. I am an avid supporter of LGBT rights and support the fundamental right to marry as a universal right, including same-sex couples, but this is not the way to go. This is not how you achieve true success. The Supreme Court of the United States overstepped its boundaries and made a ruling using criteria not previously established through the democratic process or through federal legislation. They acted as a "super-legislation" and arbitrarily redefined various terms, including constitutional ones, in order to fit their agenda. The crucial ones—"marriage" and "liberty" along with both the Due Process Clause and Equal Protection Clause—were all distorted. This could be described as an unintended mistake at best, revisionism at worst.

I want marriage equality nationwide and I believe this is the ethical thing to do. Bruteforcing this by having the Supreme Court circumvent the democratic process and abuse its authority is not how marriage equality should be achieved. All this does is stifle debate, undermine democracy, antagonize those who still oppose same-sex marriage, and usurp authority from the States and (more importantly) the People. No matter how noble the goal, if you compromise on your integrity and core principles to achieve it, the goal you reached is hollow and insincere. Marriage equality should be achieved through democracy, not judicial hegemony. Unfortunately, today the latter ruled supreme.

If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it. I respectfully dissent. ―Chief Justice Roberts

I will celebrate this day, but it is bittersweet.

I won't comment on your threat to blacklist others, Khazadson, since I'm through with speaking about blacklists. All I will say is that I hope I didn't offend you, but I would rather take a blacklisting than leave these concerns unsaid. Having said that, if you believe me to be in error, please do tell me where I am wrong.

9 years ago
Permalink

Comment has been collapsed.

I agree that this decision is a good thing, though I do fear for the possible consequences if they come. The way this matter was handled was wrong and went against how our government is supposed to work, but given the circumstances I can understand why it happened this way. The best I can liken it to is a situation in which one person does another's job because that other person isn't going to do it and if the job isn't done everyone will be in trouble.

9 years ago
Permalink

Comment has been collapsed.

Although it's a nice analogy, that would be a disastrous scenario in a government. A government is an organized system which governs an entire society. If one branch of the government is slacking, another branch cannot and should not simply pick up the slack. Doing so could lead to malpractice or even abuse and corruption. Many modern Western governments possess some system of checks and balances to ensure that no one part of the government—not even the People—gain too much control. Doing so could threaten the stability of the government and the safety of its constituents.

There are distinct roles for each branch in the government. When the one branch (in this case, the Supreme Court) infringes on the powers of the other branches, this can lead to that branch gaining too much control in the government. The Supreme Court essentially acted as a legislature and judiciary, a clear breach in the contract. People try to excuse this action as justified because the end was a perceived noble goal, but what if it wasn't? Or, perhaps more realistically, what if future events like this occur which aren't so noble and which may even infringe on constitutional rights because this precedent has been (re)set? The last thing we need is a legitimate oligarchy. Our democracy is already unsteady enough.

The best way to ensure a safe and stable government is when the balances are properly checked and the checks are properly balanced. Only under the direst of circumstances is is suitable to upset this balance, and doing so often comes with lasting consequences. This was not one of those times; I just hope the consequences we face will be positive, or at least not lasting.

9 years ago
Permalink

Comment has been collapsed.

This is why I said that it was handled the wrong way and that I feared for the consequences. But you must realize that not picking up the slack or letting one branch slack too much also has disastrous results. Take the government shut down for example.

9 years ago
Permalink

Comment has been collapsed.

It does indeed. Fortunately, we as citizens have the power to elect whomever we wish. If a particular branch is being ineffectual or deliberately obstructive, we possess the authority to remove them from their positions and replace them with other, hopefully more competent legislators, executives, and judiciaries. In a democracy, the sovereignty is popular and the power is ours. All we need to do is exercise it.

(I get what you mean, I really do, but generally speaking, I would honestly prefer slow democratic change than swift action by a government with too much power.)

9 years ago
Permalink

Comment has been collapsed.

I think you need to remember that this is a basic human right and it is a point of basic discrimination and inequality. I wasn't impressed with the dissenting opinions, even in a strictly legal sense. It needed to be done this way, and it was legitimate.

9 years ago
Permalink

Comment has been collapsed.

I remember that, but I would much rather achieve this through the democratic process than through a forced acquiescence which may threaten the democracy. It certainly was not necessary to do it this way because the democratic process in which we all were partaking was already effecting change. There was no need to force the change through judicial malpractice.

I wouldn't consider the relinquishing of one's voice and vote in order to expedite an inevitable change to be a wise decision at all, especially when doing so risks further disenfranchisement. This is not an autocracy, nor an oligarchy, nor an aristocracy, nor a monarchy, nor a society run by a council of sagacious elders. This is a democracy and what the Supreme Court did was, by definition, undemocratic. I don't think it could get any more illegitimate than that.

Perhaps you are more comfortable with lapses in your sovereignty than I, but I would be mightily concerned if one of the three branches of my government infringed on the powers of the other two branches and exercised illegitimate authority to enact any change, no matter how noble or good. In fact, I am concerned because that just happened.

Why were you not impressed with the dissenting opinions?

9 years ago*
Permalink

Comment has been collapsed.

You misunderstand. Human Rights are not up for democratic vote. It is precisely the role of the Supreme Court to defend these and not the place of elections to determine them. It is democratic only indirectly and that is vital if you agree there should be inalienable rights at all. Your concerns are misplaced. There is a democratic process to change even this decision but it is rightfully very difficult to do and involves changing the fundamental legal fabric of the nation (and also giving up the principle of equality).

Trust me, you don't want a fully sovereign parliament as we have here in Australia. We have minimal to no protection for our rights and yes, they are easily trampled upon, as you'll have seen if you follow our politics (just look up Gillian Triggs, for example). I wish we had our rights enshrined and protected as they are in the US. There is a strong movement here to make it so and I hope it succeeds.

To try to make myself clearer: I do not see this as a political issue. It is a legal issue. What I see is a consistent denial of rights that already, inalienably exist. The court has insisted that they are respected; it has made no change. That is its job.

Edit: Oh, just to add, I respect your opinion and I know it's coming from a good place. :)

9 years ago*
Permalink

Comment has been collapsed.

The Supreme Court's role is to defend the Constitution and its text by interpretation of its language to ascertain the legality or constitutionality of a given law. It is not an arbiter in human rights protections; that is delegated to the role of those authorized to amend the Constitution, namely the legislature. If the right is now covered in the U.S. Constitution, it is outside the scope of the Supreme Court. It sounds like the flaw is in the Constitution, in which case the legislature (not the judiciary) should amend it. This is entirely possible and it is achieved through the democratic process. The Supreme Court is not a means of expediting that process when the legislature proves to be a roadblock—that is called an abuse of power.

The Supreme Court only "defends" the basic human and civil rights of the People which are described in the Constitution. If it is not in the Constitution, it is up to the People to ensure that it is amended into the Constitution so that the Supreme Court can serve its function and interpret the new amendment with respect to current laws.

Regardless, you are assuming that basic or civil rights are somehow absolute. Rights are those which a given society deems necessary and fundamental for sustaining it. These rights are not universally recognized, nor are their definitions universally identical. Although we certainly have a moral imperative and obligation to ensure these rights (whatever they may be) are protected, we must first determine, define, and deliberate on just what those rights are (and their extent). This is the role of the People wherein lies the sovereignty of the Nation. Once the People determine this, it is then legislated through the legislature, executed through the executives, and interpreted through the judiciary. The right of same-sex marriage did not undergo this process; the Supreme Court usurped power and expedited it, serving as judge, jury, and executioner. That sounds closer to totalitarianism than democratism to me.

What these "rights" are, whether they are alienable, and what qualifies as inalienability are all reserved for the People, preferably the philosophers and scientists and academics. This is not the 18th Century and we no longer presume in absolutes. Rights are inalienable insofar as society does not alienate them. Regardless of their intrinsicality among certain philosophical schools, jurisprudence is a practical and pragmatic one. We do not know all the rights we have, nor are all of them represented in the Constitution. That is why we legislate.

The right to same-sex marriage, if indeed it could be called as much, did not always exist in law. Whether it existed in some abstract sense is debatable and also irrelevant. The fact is that at one point in time, same-sex marriage was not a right. It was alienable. Now it is a right and it is considered inalienable. Your idealization of rights may be philosophically enticing, but that is not how it is applied in law—the only system whereby one's rights are defined and protected in society.

What I honestly see is that you presume rights to exist when they, for all practical purposes, did not—at least, they were not recognized or protected. I would say this is quite political indeed, seeing as politics is what defines our rights. You can believe the Supreme Court is the arbiter of justice by every definition if you please, but it has a clear role and clear boundaries it should not cross. It crossed one today and rather than accepting the boon while condemning the thief who stole it, you herald the thief as if crime is good.

I, for one, am glad that same-sex couples can now marry. I am not happy that this was achieved undemocratically through judiciary abuse. If you wish to ignore the latter just because the former occurred, then that is your decision. I prefer to hold my government accountable even when it tries to do good, though, because a benevolent dictator is still a dictator.

9 years ago*
Permalink

Comment has been collapsed.

All I can say at this point is that I disagree with your interpretation of the SC overstepping its bounds (and those of the dissenting opinions) as I agree with others that the correct interpretation of the constitution does guarantee this right. Perhaps it might make you feel better to remember that a SC decision is ultimately only saying to the populace that it's now up to them to change the principle democratically, if they are resolved enough. Anyway, I understand where you are coming from though and it is always nice to learn more detail of other people's perspective, so thank you for this discussion. :)

9 years ago*
Permalink

Comment has been collapsed.

My concern with the Supreme Court decision is that it has a far greater impact than just a friendly reminder for the People. It potentially infringes on the religious liberties of the People (a violation of Amendment I) without appropriate religious accommodations and can antagonize the remaining opponents into tenacity. It also silences further debate and stifles political discourse about it. Although this may be "good" because of the content of the decision, it is at its core bad because it undermines the integrity of free speech by delegating anyone who opposes same-sex marriage to bigotry of the same level as those who opposed women's suffrage or interracial marriage. Whether this is an apt classification of them is arguable, but it is not the role of the government to impose that. Whether intentionally or not (more likely the former given the language of the majority), this decision has implied as much. I don't think that's a good thing at all.

Perhaps you're right and this landmark decision only made it imperative to amend the Constitution with a right for same-sex couples to marry, though I'd assume this is a rather backward chain of events.

I appreciate your input as well. I apologize if I sounded harsh; I don't try to be (usually).

9 years ago
Permalink

Comment has been collapsed.

You were polite and reasoned. This can happen on the internet! :)

9 years ago
Permalink

Comment has been collapsed.

I am genuinely curious. Please explain how:
"It potentially infringes on the religious liberties of the People (a violation of Amendment I) without appropriate religious accommodations"

And, running a business is not a valid argument in this case. It's just like the lunch counter. But, I am hoping you can share with me some facet I haven't seen/understood yet. No one is making places of worship change their policies, for example.

Thank you.

9 years ago
Permalink

Comment has been collapsed.

If I'm not mistaken, this ruling effectively mandates that anyone within the United States who are able to issue a legal marriage license cannot refuse just because the couple is homosexual. Many religious institutions, whether they be churches or synagogues or mosques or temples, either possess this legal authority or the religious officials who work there do. Without accommodating for these religious institutions, any same-sex couple can legally require a church or church official to marry them irrespective of whether that violates the church or the official's principles.

The church and its officials are technically acting as legal agents, so the law does not require them to reform their religious doctrines; however, the law is forcing religious institutions to reform their policies regarding who they choose to marry. It is true that a same-sex couple can go to a court house to get married (like most have been), but now they can go to a religious building and force the officials to marry them by federal mandate because no accommodations or specifications are made which exempts religious institutions from being required to do so if it violates their religious doctrines or principles.

One could distinguish between the church as a religious and legal institution, a line of reasoning I have done before myself. Unfortunately, the separation between church and state is not clear here, so unless there are legal accommodations for the "church", it is potentially violating their First Amendment right to freedom of religion (and the exercising thereof) by allowing anyone to require them to violate their religious principles to fulfill a legal requirement.

This is a rather uncertain argument, I admit, because I'm unsure whether the distinction between the church as a religious and legal institution is meaningful in determining their rights, and I'm moreover unsure whether the "legal" component of the church qualifies as a business or commercial entity. If it does, this same argument could be used to validate companies who deny their employees contraceptives in their health insurance, something I definitely don't support. I would argue here, however, that unless the company is also a religious institution, requiring it to violate any religious principles is not a violation of their First Amendment because it does not affect how the church or its constituents exercise their freedom; it only requires a commercial entity to respect the rights of its employees.

Although I could definitely find some more articles about this case (some, unsurprisingly, from the conservative Right), this article from Reason.org may help you understand the concerns to religious freedoms that this law imposes without there being any exemptions or accommodations for religious institutions.

Churches can deny to marry agnostics, atheists, those from different religions, or even those from different denominations of their religion, all despite how freedom of religion is a basic right guaranteed by the U.S. Constitution. Freedom of religion is a fundamental right, just like the right to marry (although that right isn't in the U.S. Constitution), and yet church practitioners able to marry couples are legally required to marry same-sex couples. They can still refuse to marry people of the same religion even if they are a different denomination, or those of other religions (or none at all), but same-sex couples are given some sort of exemption from a right apparently even more fundamental than religion (despite not being in the Constitution) that requires religious institutions to comply even if it violates their principles. That, in my opinion, sounds very much like a violation of their First Amendment rights.

9 years ago*
Permalink

Comment has been collapsed.

You do realize that many of our rights were neither explicitly enumerated in the Constitution nor voted upon as a matter of law, right?

This is a feature, not a bug. There is no "default" interpretation, despite what the so-called "originalists" would claim. Court doctrine is constantly being written and re-written. It is the court's role to interpret the laws. Otherwise, why even have a Supreme Court at all?

If you turn that critical eye towards the dissent as much as you have the opinion of the court, you might be able to see the flaws. And yes, there's a lot this court does that I find pretty dumb. Hobby Lobby, Citizens United, these are decisions that I find to be quite stupid. But they are the court's decision to make, as well as the court's decision to potentially reverse far in the future.

9 years ago
Permalink

Comment has been collapsed.

I fully understand that the Constitution is a living constitution and I support that view of the document. My problem is that the majority injected their own personal opinions as valid criteria for ruling in this case. It was not founded in the Constitution, nor was their ruling constitutionally-based. As the dissenters noted, crucial terms and clauses in the Constitution were distorted and misinterpreted to fit the agenda of the majority. They were not founded on the known definitions and interpretations of those terms and clauses, many already established in previous Supreme Court rulings, but instead on complete revisions of them without any warrant aside from aiding the intentions of the majority.

The majority completely ignored the meaning of Amendment XIV along with all its historical background in favor of a revisionist, plain-text reinterpretation. The Constitution may be living, but its life is informed by its past. Wielding the Constitution however one wishes to accomplish whatever one wants, no matter how grossly divergent the interpretation may be, is not how one interprets the Constitution—doubly so when the intended goal is outside the powers of the one making the decision. If anything, that sounds like a deliberate abuse of the Constitution's ambiguous and flexible language. If I didn't have good faith in my Supreme Court, I would suspect them of deliberate dishonesty.

I won't compare this case to the other two since I don't know the details of them, but I believe the Supreme Court made the wrong decision in this one. In this ruling, the wrongness of the decision was not what the decision was, but who made it and how it was made. Had the exact same been achieved through democratic efforts, I would still be celebrating the victory. That is not what happened, though, and thus this victory is agathokakological at best.

9 years ago*
Permalink

Comment has been collapsed.

You support the Constitution as a living document, but you don't support purportedly novel interpretations, you feel the majority injected their own personal opinions, and all in all felt the decision was not based on the constitution (despite clearly resting on the fourteenth amendment).

https://www.youtube.com/watch?v=TxfZbj5vf7Y

9 years ago
Permalink

Comment has been collapsed.

I support novel interpretations when they are founded on compelling arguments which corroborate with previous precedents or with historical interpretations, or both. A novel interpretation with little to no foundation in the document's history or in the Supreme Court's previous rulings is an exploitation of the livingness of the Constitution. The role of the Supreme Court is to interpret the constitutionality of the laws they address. The Supreme Court should take into account the society in which it is ruling, but it should not rule solely based on current sociopolitical or cultural atmospheres. There must still be some foundation in precedent and in historical interpretation. A Justice can interpret the constitution as a living document while avoiding judicial activism.

The ruling was not based on the Constitution or Amendment XIV because the majority clearly redefined and distorted the amendment to fit their agenda with complete disregard for historical precedent. Reading a part of the Constitution with "fresh eyes" as a plain-text statement free to be interpreted however one pleases is not how you interpret a living constitution. That's how you take advantage of it.

If these views sound contrary to the belief in a living constitution, then perhaps I am not your usual advocate of that view. All I know is that I support some of the core arguments for a living constitution interpretation, and that I support judicial restraint over judicial activism. Today, the majority took the activist route when their job required restraint.

9 years ago
Permalink

Comment has been collapsed.

This finding is perfectly in line with the findings of Loving v. Virginia as justified via the Fourteenth Amendment. Bam, there's your precedent.

You're playing semantics with phrases like "living constitution" and "judicial activism." If you decide to view the Constitution through a certain historical interpretation, that is a choice, not a default stance.

It should be telling that the two self-proclaimed "constitutional originalists" on the court frequently ignore historical context whenever it is convenient for them.

9 years ago
Permalink

Comment has been collapsed.

Not really. The precedent that was set was one of changing the provisos of marriage, not of redefining the core of marriage. As Chief Justice Roberts stated:

In Loving, the Court held that racial restrictions on the right to marry lacked a compelling justification. In Zablocki, restrictions based on child support debts did not suffice. In Turner, restrictions based on status as a prisoner were deemed impermissible.

None of the laws at issue in those cases purported to change the core definition of marriage as the union of a man and a woman. The laws challenged in Zablocki and Turner did not define marriage as “the union of a man and a woman, where neither party owes child support or is in prison.” Nor did the interracial marriage ban at issue in Loving define marriage as “the union of a man and a woman of the same race.” See Tragen, Comment, Statutory Prohibitions Against Interracial Marriage, 32 Cal. L. Rev. 269 (1944) (“at common law there was no ban on interracial marriage”); post, at 11–12, n. 5 (THOMAS, J., dissenting). Removing racial barriers to marriage therefore did not change what a marriage was any more than integrating schools changed what a school was.

Loving v. Virginia used the Due Process and Equal Protection Clauses of Amendment XIV to justify striking down an arbitrary modification to the core definition of marriage. The core definition itself was not changed; it was simply freed of its modifying proviso. Compare this to the arguments I provided in this post to better understand what I mean. If necessary, I will explicate it, though I trust you can understand my point.

Regardless, precedent does not imply propriety. If the Supreme Court had set a precedent of overstepping its boundaries, like it did in Lochner v. New York, then that simply implies a history of power abuse and judicial activism, not a history of legitimate rule and judicial restraint. I touched on this matter briefly in that very same post below.

My "default stance" is that the Constitution's historical interpretations should be considered when determining how to rule in a Supreme Court case. My "default stance" also includes the belief that the Constitution should be interpreted by modern standards, as well, with consideration for the contemporary sociopolitical and cultural atmospheres in which the Supreme Court rules. These conflicting views should then be weighed separately, contrasted and compared, and synthesized in order to form the best decision which accommodates for (and compromises on) all viewpoints. Call this a blend of Living Constitution theory, strict constructionism, and originalism. Call it judicial minimalism if you wish. I'm not keen on textualism and especially not literal rule, however, hence my distaste for "plain-text" or "ordinary" readings of the law.

9 years ago
Permalink

Comment has been collapsed.

Ah, there we go. You know what? This is perfectly reasonable and considered. More importantly, it gives a bit of insight into your mindset.

I apologize for being grumpy and snarky with you. I've taken it out on you, and I obviously had no call to do so.

As it stands, our views on this are similar, but we clearly differ on the weighting. You seem to lean more towards history and inertia. I have quite a bit more skepticism towards this.

However, your reading of Loving v. Virginia mirrors the tortured and selective logic applied by Justice Roberts and Justice Thomas. Loving did not restore some status quo, but it changed it by asserting a fundamental liberty to marriage. And while it decriminalized interracial marriage (which Thomas correctly points out is a negative liberty, not a positive one), it also had the effect of legitimizing it and thus changing the status quo.

As for your fixation on definitions, I will respond to this post elsewhere.

9 years ago
Permalink

Comment has been collapsed.

It's not so much "history and inertia" as it is that I believe rulings should be more specific, more controlled, and more founded on the Constitution. I am fine with major, landmark rulings, but they need to be founded on compelling arguments and a strong basis in the Constitution—both historically and contemporarily. It should also be a ruling which operates reasonably within the boundaries of the Supreme Court, not one which takes advantage of the current stagnation to act as a super-legislature. I don't believe this ruling fulfilled any of those criteria, hence my criticisms and discontent. When making rulings which will permanently affect the entire Nation and the course of its history, we shouldn't be so bold as to be reckless and we shouldn't be making rulings on moral arguments alone (if at all). Doing so only accomplishes a short-term goal while setting up a long-term precedent which very well may lead to an overall more deleterious effect.

Loving v. Virginia did change the status quo, but that's was a natural epiphenomenon of a change in social policy. The goal was to uphold the Constitution, not to effect social change per se. This ruling seemed to be quite the opposite.

I'm not particularly favorable toward enumerating fundamental rights not explicated in the Constitution, preferring amendment over precedent where possible, but I would argue that Loving v. Virginia actually contradicts this recent ruling. It established marriage as a fundamental right, but marriage was defined as a union between a man and a woman. This fundamental right to marriage implicitly excluded same-sex couples. Loving v. Virginia did not support this ruling; Obergefell v. Hodges completely neglected the precedent set in Loving v. Virginia and distorted its ruling to fit the agenda of legitimizing same-sex marriage. If anything, I would describe that as "tortured and selective logic* if not outright revisionist.

The majority used Loving v. Virginia to support their decision, conveniently neglecting what the definition of "marriage" actually was. They redefined marriage however they pleased, twisting the "fundamental right to marriage" to fit their desired goals. Although I have no problem with redefining marriage, I certainly do have a problem with revisionist sophistry. When the majority engages in the latter, I'm not inclined to support them.

9 years ago
Permalink

Comment has been collapsed.

One other point: how is a "plain-text" reading of the U.S. Constitution less valid than an "originalist" reading, or any other reading for that matter? I don't recall the founders including a textbook of required reading that bound the Supreme Court to a particular reading.

9 years ago
Permalink

Comment has been collapsed.

A "plain-text" reading of the U.S. Constitution ignores the historical weight of its text, the precedents previously set regarding the text, and the established meanings of the terms therein. These definitions and interpretations helped substantiate and ground the Constitution while allowing it to be reinterpreted when exigent to do so. Ignoring history, whether history of the Constitution or history in general, is to blindly forge ahead in the vain hopes that nascent novelty and naked naïvety translates into a nobler nation and not noxious neglect.

I suspect you're assuming me to be an originalist when I am not. Refer here for an explanation of my views on Constitutional interpretation.

9 years ago
Permalink

Comment has been collapsed.

Yeah, well, if I had any faith at all in any form of government currently employed in the world, I might agree with you. As it is, I believe american capitalist-republicanism can barely be considered liberal when compared to the governments of many other first world countries, but the fact is that so long as there are disenfranchised people in this world, I am just happy they are able to obtain a measure of equality and human dignity. The US is hardly the worst offender in the world when it comes to abuse of human rights and civil liberties, but it's also certainly not some progressive candyland.

The US is a country where people deny that a racist massacre was based on race, where a black SC justice is an apologist for slavery, and where every single problem is either blamed on immigrants, the poor, or minorities. Until that changes, I am willing to let the left have a little of the same democratic dealing that the right has been taking advantage of all these years.

9 years ago*
Permalink

Comment has been collapsed.

I completely agree. My problem isn't with what was achieved, but how it was achieved. I'm glad that homosexuals can now marry! I'm not so glad that this was achieved in the way it was. I feel like we settled for the expedient option which sacrificed our core principles to expedite social change. This was unnecessary, in my opinion, and the appropriate channels should have been taken, even if it was more arduous.

I wished the United States would modernize and liberalize like the rest of the Occident, but somehow the Randian libertarians, neoconservatives, and religious fundamentalists found some common ground (or illusion thereof) and have formed into a potent, debilitating force in US politics. I definitely sympathize with your position. I just don't like fighting fire with fire because in the end, everyone gets burned.

9 years ago
Permalink

Comment has been collapsed.

Totally agree with you, having something brute forced like this by one branch of government overstepping it's authority is not likely to end well. Once a precedent like this is set there's really not much to keep it from happening again.

But on another note, a lot of my gay friends think the whole push for gay marriage is ridiculous, they just want to live their lives in peace because it doesn't draw unwanted attention to them. Most of the ones who do support it only do so because it means they'll get cheaper insurance if they're legally married, otherwise they wouldn't care. Straight people think they're doing something good by being activists and pushing for it but they really aren't, and many of them are dragging the whole gay rights movement through the mud by being intolerant of and even antagonistic to anyone who don't support it.

9 years ago
Permalink

Comment has been collapsed.

That isn't an uncommon view among the LGBT community, from what I can surmise. The whole push for marriage equality was one of entitlements, not rights. Homosexuals could live as if they were married and do as they pleased without molestation from any government authorities. They were equal to heterosexuals in that they could exercise their autonomy and sexuality at their own discretion so long as it obliged by the law. The difference was state approval and recognition.

Some argued that this was a matter of legitimizing their marriages, as though a state stamp instilled more meaning into their de facto marriage. For many (most?), however, it was about entitlements—specifically, the benefits one receives from the government for being married. My own opinions on these matters aside, government entitlements were a great boon because they granted homosexual couples with greater financial stability and ease when filing taxes or adopting children. It also helped give couples more authority over each other's futures (such as in the case of death) or more access to each other during complicated times (such as visitation rights). To virtually all the homosexuals I've encountered and spoken to about this matter, the marriage equality push was one of entitlements and the benefits that followed legal marriage, not rights. Rights were just an added perk.

What really disappoints me is that the LGBT community pushed to redefine marriage—a traditional institution established since before written language and which is coveted among many religious groups—rather than pushing to redefine "civil union" and remove marriage as a legal term. I suspect it would have been far more beneficial (and far less difficult) had the argument been to reclassify all traditional marriages as "civil unions" and employ "civil union" as the legal term for any legally-binding contract between two (or more) people. That way, "marriage" remains as its traditional institution and the religious could keep the norm they abducted thousands of years ago, and homosexuals are given the entitlements they always sought. It would have held, too, since it would help increase the distinction between church and state. Now, as for whether there should be entitlements in the first place...

9 years ago*
Permalink

Comment has been collapsed.

So, being considered family so you can visit a sick or dying partner in the hospital is entitlement? If so, this makes me sad. I strongly feel it is not an entitlement. It is a human right.

And, please don't put the onus on the community for "redefining marriage" (btw, if that's the case, marriage has been redefined numerous times over the centuries, and this ruling just shows that it continues to evolve). If you didn't need to get a "marriage license" in order to be considered a legal couple in the eyes of the law, then it wouldn't be an issue. Blame the people who initially blurred the lines between church and state, something our forefathers were hoping to avoid. I think some felt they were just playing within the field they were provided.

That said, I also agree marriage should be removed as a legal term. If EVERYONE had to get a civil union for "entitlements" and then religious people could go through another ceremony and call it a marriage, then fine. That'd be a good solution, too.

I think we're on the same page, but I just have a visceral reaction to the world "entitlements" I suppose. I appreciate your articulate responses. It's a breath of fresh air.

9 years ago
Permalink

Comment has been collapsed.

Legally, that is an entitlement. It has to do with the complex and convoluted legal webs surrounding hospital visitation rights. Generally, if you are not considered biologically or legally related to the patient, you are not allowed to visit that person for security reasons. it doesn't matter if you're a close friend, a colleague, or even their significant other; unless you have a family member present (or you are given clearance?), you cannot see the patient

This is for security reasons, both the security and safety of the patient and that of the hospital. Since biological or legal relation are the only means of reliably and trustingly establishing a connection between the visitor and the patient, that is usually the only criteria for qualifying for visitation rights. Same-sex romantic partners were excluded with this same rationale, a general rule which excluded a wide range of people. If you argue that it violates their rights, do these visitation rights restrictions not violate the rights of all the other friends and acquaintances of the patient?

As was argued in the dissenting opinions, and has been argued by philosophers and historians, the redefinition of marriage over the millennia only redefined the appended criteria for marriage. The core concept of marriage—between a man and a woman—was never, not at any single point in human history throughout all cultures across the Earth, redefined. Even the Ancient Greeks, in all their homoerotic affinity for their fellow men, wrote approvingly of the traditional concept of marriage. That is what I mean by redefining marriage: these petitioners (and much of the LGBT community, including their allies) sought to redefine the core of marriage by changing it from being between one man and one woman to being between any two individuals regardless of their sex. Although I don't necessarily oppose this redefinition, I do oppose the Supreme Court doing the redefining. That is the place of the legislature—in particular the State legislature—and not the place of anyone in the judiciary branch, up to and including the Supreme Court.

Marriage became a legal institution (something even the Framers would have approved of) because marriage and the family unit embodied the very core of society. It was the initial society, as Thomas Hobbes and other philosophers had argued (the philosophers from whom the Framers drew their inspiration). For thousands of years, the purpose of marriage was understood to be for procreation and the raising of children. Children were better raised in families, and through marriage were families established. The nation incentivized marriage (like many other countries have) in order to make the founding of families and propagation of offspring appealing. That was how population growth occurred and society continued, so it was crucial for marriage to occur. Only recently have cultural norms shifted and changed the function of marriage from one of procreation to one of happiness and romance.

Although I'm not against the deincentivization of marriage, I do think it's inaccurate to treat marriage as an institution only recently recognized by the State. The United States wasn't the first, nor is it the only, nor will it be the last, country to have state-sponsored marriage. The issue addressed in this decision was whether same-sex couples were to be included under this state sponsorship and recognized as legal entities alongside their heterosexually married peers. I believe the majority was erroneous in trying to redefine marriage to justify their and their petitioners' agenda. It was a noble cause, but in doing so they marred it of all its integrity as a moral decision, especially since the Supreme Court does not make moral decisions.

Entitlements are crucial to modern government. Disability checks, welfare, and even affirmative action are all forms of entitlement. Entitlements are a major part of government and operate as the complementary opposite to liberties. Whereas liberties are the rights from government interference (detainment, subjugation, and compulsion), entitlements are the rights to government interference (support, legitimization, and recognition).

One of the key points in the dissenters' opinions is that the Supreme Court overstepped its bounds by attempting to act as a dispenser of entitlements—which is the place of the legislature—rather than a defender of liberties, the place of the judiciary. As they said, the Supreme Court should not "allow litigants to convert the shield provided by constitutional liberties into a sword to demand positive entitlements from the State" (C. J. Roberts, page 57). I agree with this because that is not the place of the Supreme Court.

The SCOTUS interprets the the constitutionality of laws; it does not create new constitutional laws. The SCOTUS defends the liberties guaranteed in the Constitution; it does not dispense entitlements through constitutional reinterpretations and amendments. Both of those latter activities are the roles of the legislature, not the judiciary. The Supreme Court is the head of the judicial branch; the Senate and Congress are the heads of the legislative branch. The Supreme Court acted as a super-legislature when it is not. That is deeply concerning because it openly defies the checks and balances and deprives the People of their voice.

9 years ago
Permalink

Comment has been collapsed.

I don't like the way you take away agency from the LGBT community. Not that we're homogeneous and monolithic--many didn't care--but we are the ones that pushed for this and we acquired allies along the way. The movement for many of us was about equality and respect before entitlements; unfortunately sometimes these things have to be demanded. Perhaps one day we can no longer be afraid of unwanted attention. This is a huge step towards that.

9 years ago
Permalink

Comment has been collapsed.

Perhaps you have greater insight into the motives of the LGBT community, since your language implies that you count yourself among them. All I know are my experiences with discussing marriage equality with LGBT people and reading about the opinions many held about it. Since there is no reliable statistic for these motives, I suppose your experiences are as accurate as mine.

9 years ago*
Permalink

Comment has been collapsed.

I agree. Our opinions are as diverse as any group of people, and just like any random group, many people don't care about or want marriage. It's independent of sexuality, really. Most agree the option should be there for everyone though.

9 years ago
Permalink

Comment has been collapsed.

Deleted

This comment was deleted 8 years ago.

9 years ago
Permalink

Comment has been collapsed.

There is always a risk of a slippery slope, especially when we abandon our Schelling fence. Over time, as more and more precedents are made and more violations occur, that tiny grain of sand will pile into a desert. Every time we compromise on our core principles, we undermine our integrity and jeopardize the continuance of those very principles. Perhaps this will just be an isolated incident, but considering how nothing in government is isolated and just about everything has lasting consequences, I would say that any lapse in our principles is a threat to all of them.

9 years ago
Permalink

Comment has been collapsed.

Surprised someone pointed it out that well here!

' + 1 for a civilized culture
' ~ 0 change, in means of acceptance within social communities (likely to throw a "bad light" for a while)
' - 1 for democracy (was/is imaginary anyway, but don't tell'em)
' - 1 for arbitrary application of law(ls) (seems like the only consistent thing)

9 years ago
Permalink

Comment has been collapsed.

1) Dissenting justices always play the "abuse of the Constitution" card. That's what makes it a dissent.

Well, maybe not for Scalia, who decided to use his dissent for the judicial equivalent of a catty blog post.

2) You ever hear of a case called Loving v Virginia? The case that allowed Justice Thomas to marry his wife AND do so without facing jail time? It enumerated a right to marriage.

Thomas does point out that Loving concerned the criminalization of interracial marriage, but conveniently ignores the part where such a right was specifically affirmed by the court as being a fundamental liberty.

Oh, and Loving? Also validated under a combination of Due Process and Equal Protections clause.

9 years ago
Permalink

Comment has been collapsed.

  1. Dissenting justices sometimes do, but there are times when they not. A dissenting opinion is an opinion which dissents from the majority. The four who dissented in this ruling did so because it was not the Supreme Court's place to make the ruling it did. Just because they're dissenting, that does not mean they're wrong. Scalia's dissent was definitely mediocre at best, but I believe Chief Justice Roberts' dissent was thorough, comprehensive, and compelling.

  2. The case was more complex than that and didn't actually redefine the core definition of marriage. I don't see your point or how it's relevant.

9 years ago
Permalink

Comment has been collapsed.

Sooo... you say you are in favor of gay marriage, yet you are talking about "redefining the core definition of marriage."

I'm loath to cast aspersions of "concern trolling," but having a claimed supporter of gay marriage rights throw that little nugget out sets off a very loud alarm. I'm sorry, but I don't think you are being honest here. A constitutional concern over deference to the core definition of marriage, as well as needing majority approval to secure minority rights, doesn't really fit with your claim of being a "liberal progressive in support of LGBT rights."

9 years ago
Permalink

Comment has been collapsed.

Marriage is established as traditional institution whose core definition hasn't deviated in any large degree for thousands of years. I respect tradition and institutions thereof so long as they serve a utility and there is not sufficient reason to change it. My views regarding marriage, and by extension same-sex marriage, are complex and I wasn't planning on enumerating them in this thread. My personal views on them are largely irrelevant. If you must know, I will expound. I have already hinted at them here.

I am a liberal progressive who supports LGBT rights. Just because my opinions do not fit the stereotypes of any of those positions, that does not invalidate my identity labels. I have identified as a liberal since my young adolescence and as a progressive since late adolescence. I have supported LGBT rights at around that time. My identity as a liberal informs the core of who I am. If you wish to suspect that I am not, then that it your decision. I don't particularly care to defend myself, and especially not in a thread that is not about my core beliefs. I know who I am and if you doubt that, then I take solace in the fact that I am not a typical liberal (you know, the liberals so many people hate?).

9 years ago
Permalink

Comment has been collapsed.

hasn't deviated in any large degree for thousands of years.

  • Marriages with minors no longer accepted, were fine just 100+ years ago.
  • Non-consent marriages no longer accepted.
  • Cross-race marriages accepted.
  • Cross-class marriages accepted.
  • Introduction of civil divorce.
  • Introduction of non-religious marriage.
  • And probably tens of other examples I simply don't bother to think about now.

Indeed it hasn't change any large in thousands of years... -.-

9 years ago
Permalink

Comment has been collapsed.

In case you misunderstood me, I'll reiterate: marriage's core definition is as a union between a man and a woman—an opposite-sex union. This is what has not has been changed in any large (or small) degree for thousands of years. It has remained the consistent definition of marriage throughout every society on Earth since the foundation of marriage as an institution.

Every single deviation in the definition of marriage is a deviation in the inessential, appended criteria for recognized marriage. In every single one of those instances, the core definition of marriage—a union between a man and a woman—did not change. This same point was noted in Chief Justice Roberts' dissenting opinion as well, on page 47 and 55 of the ruling. (Search "core" in the search function here.)

9 years ago*
Permalink

Comment has been collapsed.

so you take one thing that did not change and call it core but anything that did not change are just puny little things that changed through the past but hey, at least core is unchanged?

I'd say that "till death take us apart" was as same important and core thing as different sex. And it got changed and now we have divorces. Because you know what? Humanity progress, not only scientifically but also society-wise. Society changes, "core ruyles" change according to them.

9 years ago
Permalink

Comment has been collapsed.

The "core" of any given thing are its most lasting and essential components. The core of marriage was that of a union between a man and a woman. Whether these individuals were children, consented to marriage, came from the same race or class, or were permitted to divorce were all components of marriage which were inessential to marriage's definition. Some many have considered it essential at one point, but these provisos were stripped from the core meaning. Marriage has been redefined over the millennia, but its core meaning has not. Only in this century has the world attempted to redefine the core of marriage. The primary factor which distinguishes the component of opposite-sex union from the other components is duration: the definition of marriage as being between a man and a woman has endured the longest and remained consistent since marriage was first defined.

Now, some in society seek to change this through force and mandate. Rather than accommodating for this definition of marriage, they seek to redefine it. I believe this was a needlessly contentious approach and a better alternative was available, mentioned here and explicated here.

My argument is not to preserve the core definition of marriage, but to acknowledge that the core definition has been prevalent and longstanding since the dawn of human civilization, and remains a powerful force in contemporary societies around the world. Due to this, the core definition of marriage should be respected because it is still an integral component of the values of billions across the world, and tens of millions in the United States alone. If the only option was to abolish the traditional core definition of marriage, then I would support it and accept the loss of yet another tradition to human progress. It was not the only option, so I do not support its redefinition.

9 years ago
Permalink

Comment has been collapsed.

It's not that you don't fit a liberal stereotype. It's not that you don't ascribe to my particular brand of liberalism.

It's that you do not fit the definition of liberal or progressive.

You fundamentally advocate deferring to tradition (and one that has changed quite a bit, as zelghadis has so aptly pointed out). That is the textbook definition of conservatism.

And you know what? That's fine. Dissent and critical viewpoints are wonderful. There's interesting things to think about and discuss in Thomas's dissent.

But you are not being honest. If you say you're a liberal progressive, yet you bemoan a lack of deference to tradition, especially traditional marriage, then you are not being consistent with your own beliefs. Pick one.

I know who I am and if you doubt that, then I take solace in the fact that I am not a typical liberal (you know, the liberals so many people hate?).

Nice passive-aggressive liberal bashing there. That's cute.

9 years ago
Permalink

Comment has been collapsed.

I advocate respecting tradition when it serves a utility. Traditions often develop and sustain themselves because they are useful and benefit most of all of society. Regardless of whether they do, people still adhere to them, so they should always be considered when determining whether to change social policy. I do not respect tradition because it is tradition; I have no interest in tradition and I am earnest in abandoning any and all which hinder progress, as I have abandoned many in my own life. To reject tradition as an inherently fallacious and useless aspect of society and culture is to be ignorant, willfully or obliviously, about the value of tradition. Contrary to what you may expect, I also identify as a freethinker, a worldview which also informs the foundation of who I am.

What you misunderstand about me is that I am not arguing for tradition because it is tradition, but because it is useful and because it informs the lives of tens of millions of real people whose views should be taken into serious consideration. The foundation of my arguments are utilitarian, not traditionalist. If a tradition no longer serves a utility, or its utility no longer outweighs its harm, or its very existences specifically obstructs a greater future which is determined to be better than a future with it, then the tradition should be readily and happily abandoned as obsolete. If that sounds like conservatism to you, then perhaps I'm a conservative. Perhaps more appropriately, you should better understand what conservatism is.

I am being honest and I don't appreciate you accusing me of that. If I am being dishonest here, then I suppose my entire public identity is a lie. I suppose I must be experiencing some sort of identarian, ideological dissonance for being a strong supporter of Sen. Bernie Sanders for president. I suppose I am clearly a conservative like my father, since conservatism is more akin to my beliefs of secularism, progress, freethought, and reason than is liberalism or progressivism. I'm glad that you, O Stranger of the Internet, corrected me on my own identity and informed me of my own ideological views. How else could I move on with my life and start believing in legitimate rape, supporting laizzes-faire capitalism, and hating those damn liberal hippies who keep on trying to improve the world?

If you're going to accuse someone of dishonesty, at least try to find evidence of it first. Otherwise, you just look like a fool trying to attack your fellow liberal because the person isn't "liberal" enough by your arbitrary definition to qualify for the term they identify as being. Having said that, if the rest of your replies are going to be evasive attacks on my identity, I'm not particularly interested in fighting a character assassin.

zelghagis was fundamentally mistaken about what I meant. You can see my explanation to him here. And for the record, I was pointing out that "liberal" is usually used as a term of abuse these days by many people because the "typical liberal" stereotype is not very flattering, true or not.

9 years ago*
Permalink

Comment has been collapsed.

From the very first words you typed on this subject, you have been using your public self-identification as a way to legitimize your arguments. If you're going to cry foul when called out on this fact, you might just want to consider rethinking your approach.

Just a thought.

This isn't a purity test. Your support for Senator Sanders is utterly irrelevant to the discussion at hand.

However, I do apologize for saying "you do not fit the definition of liberal." That was an overreach. What I ought to have said was, "Your position and arguments, as presented here, do not fit the definition of liberal/progressive." It is clear that you have traveled a ways from your ideological origins. From where I sit, that is laudable, and shows incredible courage and the ability to think past one's own foundational experiences to come to a new understanding of the world.

With all of that out of the way, however, your argument shares most of its features with the best attempts at a rational argument against gay marriage altogether. You have not cited any utilitarian basis for deference for the "traditional definition" of marriage. Not just marriage, mind you: the obvious value in that is why this case came before the court in the first place. No, what we're talking about is what the utility is in keeping the institution of marriage closed to same-sex couples. You have not even come close to justifying why this is even a factor to be weighed.

And this is at the core of Justice Robert's (and by extension your own) argument against this case. The whole issue with abandoning prior jurisprudence didn't seem to bother Roberts or his colleagues in the Citizens United case. But even if Kennedy did abandon jurisprudence to forge new ground (and that is debatable), Roberts could have simply offered a concurring opinion based on a superior rationale. He did not.

So I am not persuaded for a second by the bandying about of the charges of Judicial Activism.

So the core of this line of thought is that it somehow goes against the "core definition." That, despite countless social changes that fundamentally altered marriage, this one goes particularly beyond the pale. But that's the thing that you fundamentally mistook about zelghagis's response: each one of those changes to the definition of marriage was no less arbitrary than the genders of the participants involved. Neither you nor Roberts have successfully explained why the genders of the participants is so fundamental to marriage.

As for Thomas's argument concerning negative rights? Again, he selectively ignores the positive rights granted in several cases (which he is perfectly content to enjoy despite his objections). He also ignores the nature of marriage as a contract, and despite that being a positive right more than a negative one, the Supreme Court has long held that the right to enter into legally-binding contracts is a fundamental liberty, and therefore subject to the various clauses of the Fourteenth Amendment.

So before you go all "chicken little" on the reasoning of the current ruling (and I'm not 100% on board with it either, as I perceive that Kennedy went with this to secure a nice comfortable loophole for religious discrimination), maybe try doing some reading beyond the dissenting justices. Lots of smart people are weighing in on this, and they bring in all sorts of historical perspectives on the judicial precedence involved in this case.

Which brings us right back to the whole "incompatibility with liberalism" thing. The basis for your objections - stipulating equal protection on approval of the majority, deferring to mythical definitions that do not hold up to five minutes of research - are in line with conservatism:

"Conservatism (or conservativism) is any political philosophy that favours tradition (in the sense of various religious, cultural, or nationally-defined beliefs and customs) in the face of external forces for change, and is critical of proposals for radical social change."

9 years ago
Permalink

Comment has been collapsed.

I proclaimed my ideological identity at the beginning because I wanted people to know that even someone who might be expected to support this ruling does not, and even though my ideological position presumes support, I do not support this ruling. I would have preferred it if I didn't need to state something of the sort, since I would rather my arguments be judged on their own merits rather than on their concordance to my ideological positions, but if I were to not tell the world where I fell on the political spectrum, people are liable to presume me to be another. Often have I came into a debate, arguing with my fellow liberal peers, only for them to dismiss my criticisms was the ramblings of some conservative because my views are not identical to theirs and they are all too bloodthirsty to eat their own. My criticisms are thereby ignored and I am conveniently ostracized as not X enough to participate. If I were to at least publicize my identity with their ingroup, perhaps it would keep their vitriol at bay. In other words, it's a rhetorical device to announce that one is within an ingroup so as to prevent said ingroup from being hostile to someone who they perceive to be from an outgroup because their actions or behaviors deviate from the norm.

I am a liberal and a progressive, but I am fully aware of vicious my fellow liberal progressives can be when the more bigoted ones meet someone who doesn't fall in line with their goosestepping agenda. Radicals and dogmatic ideologues exist in every ideology; liberal progressives are not exempt from this phenomenon. Perhaps I shouldn't have announced my ideological position in my initial post, but I did so in the hopes of avoiding arguments like the one we're having right now. I'm weary of having to defend my own identity to people who should be my ideological compatriots; it solves nothing and in the end, my arguments are neglected in favor of attacking the arguer.

I mentioned my support for Sanders because Sanders is himself a liberal progressive and social democrat—ideologies to which I subscribe—and few people except his own ideological kin support him for president. I was pointing out the absurdity of your accusations because virtually every aspect of my identity contradicts them, up to and including which presidential candidate I support.

Perhaps my arguments here are not liberal or progressive. I think they are, but it's not particularly important to me if they are. What's important to me is the cogency and validity of my arguments, their strength and their logical rigor. Whether they are conservative or liberal, progressive or regressive, is secondary to the actual merits of my arguments. Liberals and conservatives can be wrong; what I care about is if I'm wrong, not if I sound like one or the other.

I am not particularly interested in keeping the institution of marriage in its traditional, opposite-sex definition. It doesn't matter to me whether this tradition is abolished because a tradition is not worth keeping just because it is a tradition when its continuance obstructs or hinders society in a deleterious way. I don't think it's necessary to accomplish the goal of marriage equality by changing the core definition of marriage, though, and I find the approach that was taken to be needlessly challenging and contentious. Regardless of any possible abstract arguments justifying marriage's traditional definition (I know of none), the traditional definition of marriage remains a powerful and prevailing cultural view among tens of millions of US citizens and potentially billions across the world. It may be an arbitrarily exclusive definition, but it's one that many religions, cultures, and societies still respect. Due to this, I think it would have been far more appropriate to try to achieve the goal of marriage equality while accommodating for the traditional institution of marriage.

Like I alluded to here, I believe that the push for marriage equality should have sought to divorce marriage from law and instate a new legal term which achieved the same practical goal while respecting the traditional semantics of an ancient institution to which many still adhere. More specifically, I believe that "marriage" as a legal term should have been replaced with "civil union". If the religious adherents and conservative ideologues wished to keep their term, they could. Marriage would remain a term for a union between a man and a woman, and religious institutions would be permitted to bless whichever union they pleased as a "marriage". It would hold no legal weight, however, so marriage would remain purely a traditional ritual performed by those who still cared. From a legal perspective, "marriage" would be as meaningful a term as "communion". "Civil union" would naturally inherit all the entitlements that "marriage" formerly possessed. More importantly, it would not be held back by the history and tradition that informed the institution of marriage.

Replacing "marriage" with "civil union" would secularize the institution and remove any religious elements from it. That was the main point of contention among traditionalists and religionists alike: by attempting to redefine marriage, the government was violating a tradition and undermining its meaning in society, a tradition which was meaningful to numerous religions. They wanted to retain the religious sanctity of marriage and this necessarily required (for some) that marriage be exclusively for opposite-sex couples, since same-sex couples were shunned by their religion. If "marriage" was removed from legal terminology and replaced with the more neutral, less connotative term "civil union", those appeals to the history and tradition of the institution of marriage would obsolesce because the sanctity of marriage would be retained. By stripping "marriage" of its legal power, the arguments for respecting its sanctity would be rendered powerless, since its sanctity would not be threatened.

The LGBT community—and its allies among liberal progressives—should therefore have been pushing to further separate church from state by replacing "marriage" with "civil union". This way, the goal of marriage equality would be achieved because "civil union" could be easily defined as "a union between two or more entities", thereby validating same-sex couples as equal to their opposite-sex counterparts. This way, the religious would also keep their damn tradition to do with it however they please. This decision would have been far less controversial and would have feasibly occurred far smoother than would attempting to usurp the tradition of marriage from the hegemony of the traditionalists. It would have made future decisions regarding civil unions far easier, as well, since it would eliminate any arguments of further degrading the tradition of "marriage" which might occur when polygamous marriage and even interspecies marriage is considered for legal recognition. They would all fall under the flexible and untraditional definition of "civil union"; "marriage" would be retained and the bigots could keep it.

This recent ruling has accomplished the same goal of marriage equality, but it did so in an inefficient and arduous manner. Doing so has undermined the traditional institution of marriage—a tradition and institution many still value—and has set up further conflict in the future when marriage undergoes another redefinition. It has also given conservatives more reason to believe that liberal progressives don't respect their traditions, and more reason to believe that homosexuals are a threat to their traditional lifestyles. Even worse, our doing so has further alienated us from traditionalists and conservatives around the world, with this decision being a spit in their face and a perceived affront on their values.

I personally feel no compunction for discarding tradition, even at the cost of bitching and whining among traditionalists, but this is not effective social policy. Following this path of tradition abolition when a mutually respecting option is available is to take the needlessly more difficult path when an easier avenue is open for travel. All following that more difficult path does is accomplish the same goal that could have been accomplished with far less division, alienation, and conflict between ideological groups. In the end, this decision is liable to radicalize the conservative side and further distance itself from the other spectrum, leading to an overall more contentious and more belligerent society.

Now that I've articulated my fuller views on this whole debate (something I didn't want to do), hopefully it dispels any perceived conflicts you see in my ideology and my arguments. As an aside, my point about the utility of traditions was meant to be a general commentary on tradition as an aspect of society and how I view it. This particular tradition—that of the institution of marriage being defined as a union between a man and a woman—is not useful in any discernible degree. It reinforces a traditional family model, but the merits of this model are uncertain at best. It would be more useful to accommodate for this tradition rather than seek to abolish it, however, since the latter strategy is far more likely to undermine what little public unity we have left and further divide us as a nation. We are a country of opposing values and conflicting ideals; rulings which only favor one side when a more diplomatic option is available is not how you unite a nation.

[10,000 character limit reached, continued in next reply.]

9 years ago
Permalink

Comment has been collapsed.

So the core of this line of thought is that it somehow goes against the "core definition." That, despite countless social changes that fundamentally altered marriage, this one goes particularly beyond the pale.

You make the same mistake that zelghadis did. Those "countless social changes" did not "fundamentally alter[] marriage". They altered the place marriage had in society, the function it served, and the criteria needed to qualify for marriage, but it did not alter the fundamental definition of marriage—that of being a union between a man and a woman. All of those changes were made with a consistent core definition of marriage permeating throughout:

  • Marriage is a union between a man and a woman, and neither could be a child.
  • Marriage is a union between a man and a woman, and they must consent.
  • Marriage is a union between a man and a woman, and they can be from different races.
  • Marriage is a union between a man and a woman, and they can be from different classes.
  • Marriage is a union between a man and a woman, and they can divorce.
  • Marriage is a union between a man and a woman, and they don't have to be religious.
  • etc.

The core definition of marriage is the independent clause, whereas the changes you two noted occurred in the modifying clause(s), the clauses which modified the independent clause (the nonrestrictive clause, see below). The current redefinition of marriage changes the core definition because it alters the definition from being "between a man and a woman" to being "between two entities". To illustrate, consider the change in the same format as above:

  • Marriage is a union between a man and a woman, and they can be the same sex.

This is an absurd statement because if marriage is defined as "between a man and a woman", they must by definition be an opposite-sex couple. The marriage cannot logically be between a man and a woman if they are the same sex. Therefore, what is being redefined is the core definition of marriage, not the appended modifiers:

  • Marriage is a union between two entities.

Even if it was:

  • Marriage is a union between a man and a woman, or a man and a man, or a woman and a woman.

The core definition of marriage is still being changed because the "or" here is an exclusive disjunction, not an inclusive disjunction. The core definition of marriage is being furcated into three separate components which all define the core. The "and" in the previous examples operates as a nonrestrictive clause, not as a logical conjunction.

(I admit that the first two examples, where children are not allowed to participate in marriage and both parties must consent, are arguably examples of the "and" being a logical conjunction. I would argue, however, that the core definition of marriage is still not changed because "man and woman" is synonymous in this context with "male and female". Restricting the ages of who can marry, or prohibiting nonconsensual marriage, does not modify the sexes or genders of those marrying. Therefore, the core definition of marriage is still present.)

Again, he selectively ignores the positive rights granted in several cases (which he is perfectly content to enjoy despite his objections).

Does this validate the ruling if those rulings are also similarly unjust? The Supreme Court's role is to protect negative liberties, not dispense positive liberties. Do you have evidence that dispensing positive liberties is a fundamental role of the Supreme Court? Evidence of similar decisions by the Supreme Court can either indicate longstanding precedence or long-term abuse of power (or both). Unless there is reason to believe this is a core function of the Supreme Court, I'm inclined to choose the latter. Marriage may be a contract, but it is a contract with the government which allots certain entitlements granted to those who agree to it. From my understanding, the granting of entitlements is the role of the legislature, not the judiciary. The Supreme Court protects rights; it does not dispense them.

I won't bother refuting your accusation of conservatism and the basis of my objections being conservative because my above arguments should suffice. I refer to it.

9 years ago
Permalink

Comment has been collapsed.

Again, your identity politics are irrelevant. You seem quite a bit more liberal than I am on quite a few issues, as evidenced by your support of Senator Sanders (I like the guy, but I have my disagreements).

On this, however, your position and rationale are conservative. Whether or not this is compatible with a larger view of the agressive and proactive expansion of rights and liberties is a debate that could be interesting, but that I will ultimately pass on. For now, we stick with the argument at hand.

Your argument relies entirely on the semantic fixation that you share with Chief Justice Roberts. You yourself own up to this in a different post:

Like I alluded to here, I believe that the push for marriage equality should have sought to divorce marriage from law and instate a new legal term which achieved the same practical goal while respecting the traditional semantics of an ancient institution to which many still adhere.

And here you are literally fixated on the grammar and dictionary definitions of these things.

Do you know what you don't do? You do not justify why any of this should be a matter of concern. The Supreme Court is not responsible for the Merriam-Webster, Oxford, or any other English dictionary. And I seriously doubt that there exists a credible argument as to why irritating debate clubs is important enough to actually consider against expanding liberties.

Even if you weren't begging the question with your whole semantic argument (and you are), why? Why does any of this matter? What effect does this have? Clearly, since you support same-sex marriage, you don't otherwise view this as somehow harming the fabric of society, so why it so important that we maintain the semantics?

Which brings us to this:

This recent ruling has accomplished the same goal of marriage equality, but it did so in an inefficient and arduous manner. Doing so has undermined the traditional institution of marriage—a tradition and institution many still value—and has set up further conflict in the future when marriage undergoes another redefinition.

If you hadn't sounded exactly like the conservative talking points in the issue before, you certainly do now. How does this undermine "traditional" marriage? "Traditional" marriage is completely unaffected. Heterosexual couples can still marry, call it a marriage, and enjoy the benefits that this entails. Is it because the phrasing in your dictionary might need to be reworked? I mean, that sucks, I guess, but as I've said, this is a pretty silly thing to worry about.

Unless you think whether or not Pluto is considered a proper planet needs to go before SCOTUS?

Now, perhaps this is a matter of utility for you. That it might have been less disruptive to allow things to gradually work themselves out, getting everyone's permission before we go ahead and give same-sex couples their rights as a gift. But you have also said this:

What really disappoints me is that the LGBT community pushed to redefine marriage—a traditional institution established since before written language and which is coveted among many religious groups—rather than pushing to redefine "civil union" and remove marriage as a legal term. I suspect it would have been far more beneficial (and far less difficult) had the argument been to reclassify all traditional marriages as "civil unions" and employ "civil union" as the legal term for any legally-binding contract between two (or more) people.

Really? You think this would have been less disruptive? Taking away "marriage" (even if just in terms of the label) from everyone, AND opening things up for poly-civil unions? You're out of your mind!

As an aside, my point about the utility of traditions was meant to be a general commentary on tradition as an aspect of society and how I view it. This particular tradition—that of the institution of marriage being defined as a union between a man and a woman—is not useful in any discernible degree. It reinforces a traditional family model, but the merits of this model are uncertain at best. It would be more useful to accommodate for this tradition rather than seek to abolish it, however, since the latter strategy is far more likely to undermine what little public unity we have left and further divide us as a nation.

First, we're already divided. That ship has sailed. Second, how does gay marriage undermine the social utility of marriage? It's social utility can be summarized as facilitating contracts of domestic union, increasing the economic well-being and stability of the home, and facilitating the formation of family units. Which homosexual couples can do, via adoption, artificial insemination, and so forth.

Besides, in terms of utility, all of your arguments are equally applicable to interracial marriage. And no, semantics do not count as utility.

I'm sorry that I attacked your identity, but geez, it really is hard to tell the difference between you and the social conservatives with whom I have had this exact debate with.

I proclaimed my ideological identity at the beginning because I wanted people to know that even someone who might be expected to support this ruling does not, and even though my ideological position presumes support, I do not support this ruling. I would have preferred it if I didn't need to state something of the sort, since I would rather my arguments be judged on their own merits rather than on their concordance to my ideological positions, but if I were to not tell the world where I fell on the political spectrum, people are liable to presume me to be another. Often have I came into a debate, arguing with my fellow liberal peers, only for them to dismiss my criticisms was the ramblings of some conservative because my views are not identical to theirs and they are all too bloodthirsty to eat their own. My criticisms are thereby ignored and I am conveniently ostracized as not X enough to participate. If I were to at least publicize my identity with their ingroup, perhaps it would keep their vitriol at bay. In other words, it's a rhetorical device to announce that one is within an ingroup so as to prevent said ingroup from being hostile to someone who they perceive to be from an outgroup because their actions or behaviors deviate from the norm.

Evidently, this did not work out the way you planned. And while I don't want to attack you after I started out apologizing for attacking you, I find it pretty off-putting that you would make this argument about you and your identity politics in order to avoid stigmatization with the liberal in-crowd. Yeah, I know about the whole ingroup bias thing, and it's worthy to try and get around, but it can be done through modulation of delivery, not intellectual dishonesty. Not actual dishonesty - you clearly seem to think what you say you think - but intellectual dishonesty, where you pull this bait-and-switch crap to try and get your preferred in-crowd to listen to you.

9 years ago
Permalink

Comment has been collapsed.

I do not deny that I focus heavily on semantics. This is because semantics is crucial to any debate or decision. Without clearly defining what is being argued about, we cannot hope to make a clear argument or decision. Conveniently sidestepping the semantics of an issue often misleads, deceives, and obfuscates a debate to the point of losing all logical and rational merit. When there are not clear definitions, rhetoric and sophistry reigns supreme; it becomes less a case of who has the most cogent argument and more of a case of who can best manipulate the meanings of the words being. This is what the majority exercised, and it's not something I'm going to support.

I am not relying on dictionary definitions for my arguments. Dictionaries describe common meaning and use. Some comment on the history or elaborate on the etymology of a term, but the function of a dictionary is to define words based on how they are generally used; they are not guides to technical terminology nor do they serve as legal dictionaries which define established terms determined by a consensus. The definitions I have used for marriage and civil union are the legal definitions, ones established through historical tradition, judicial precedence, legislative agreement, and rigorous scrutiny. Employing mere dictionary definitions is what a plain-text reader would do—a judicial methodology I have already said I don't support.

I'm hardly begging the question. If you dispute my use of established definitions, then challenge them and explain to me why they are not accurate. Evading a semantic debate only guarantees obfuscation; if you want to challenge the definitions I use, then do so.

Like I have already explained before, the semantics of marriage—the core definition of marriage and what it means—is important to tens of millions of US citizens and billions of people across the world. It is stooped in tradition, ritual, and ceremony, a term whose definition is sacred and whose sanctity should be protected at all costs. This is what many conservatives, traditionalists, and religious people believe and the core definition of marriage informs a key value in their lives. The semantics of marriage is extremely important to countless people, so instead of acting as if their opinions don't matter, we should accommodate for them if possible so as to ensure that we take the most efficient and democratic route. Their views may be "wrong" (in your opinion), but their feelings, beliefs, and values are nevertheless still valid. We should respect this, being a nation of opposing values and conflicting ideals, rather than hamfisting a particular school of thought into federal mandate and effectively silence all their opinions on the matter in public discourse. That is neither equality nor democracy; that is tyranny.

Essentially, the semantics of marriage is so important because it is so important to so many people, and it is better that we seek to accommodate for these opinions rather than disenfranchise them. The semantics of marriage is so important to me because I believe the majority has done a great disservice to our Nation by employing specious rhetoric to validate their unconstitutional opinions. Although I personally have no interest in respecting the so-called "sanctity of marriage", I am not going to revel in the fact that my ideological opponents are being silenced and shunned all due to the agenda of the petitioners, the lack of imagination of the legislators, and the tyranny of the Supreme Court. If silencing one side is allowed, what justification is there for not silencing the other?

This ruling undermines the traditional institution of marriage by literally redefining marriage. I'm not sure how much clearer I could get. The traditional institution of marriage, was forced to undergo a legal redefinition in order to fit the desired goals of the petitioners and the majority. The traditional definition is therefore violated because the government forced it to be redefined. This is perceived to be an affront on the values of those who value the traditional definition and institution of marriage because it requires these people to call same-sex unions "marriage" alongside their opposite-sex peers. This may not seem like a big deal to you, and I personally don't care either, but to many it is.

The problem is not that the definition of marriage now needs to be reworked, but that marriage as an institution has been redefined at all. This necessarily undermines the tradition by abolishing it and deviating from the traditional definition. Dictionaries have already been redefining "marriage" for a while now; the problem for many is that now the government, the only authority whose definition of marriage actually changes public policy, has redefined marriage. The affront is the abolition of a tradition by the highest governing institution which supported it.

In other words, the ruling and redefinition of marriage undermines the traditional institution of marriage by breaking the tradition. Were marriage simply deprived of its legal weight, the traditional institution of marriage would be retained and those who value it wouldn't have to call same-sex unions "marriages". (Before you attack this point, I mean that people are required to legally recognize same-sex unions as marriages alongside opposite sex unions. Nobody is forced to call something marriage in public discourse, which is obvious, but I would like to think that you're perceptive enough to see that I didn't mean it that way.) The ruling instead required these people to violate their values and call a class of unions by a term they believe should not be used to describe them. The ruling violates the sanctity of marriage. This is not my argument. This is theirs. I don't think I can get any clearer than that.

It would have been less disruptive to change "marriage" to "civil union" because the arguments would then be about replacing "marriage" with "civil union" and whether replacing it would impact its legitimacy as an institution, not about redefining the core definition of marriage itself and requiring those who still adhere to that traditional definition of marriage to call same-sex unions "marriages". By divorcing "marriage" from law, it separates the church from the state (a far more compelling argument than a specious rhetoric the majority used) and it allows the the traditional definition of marriage to be retained. Since marriage would no longer be a legal term, it would no longer hold legal power. Lacking legal power, appeals to retain the sanctity of marriage would be rendered powerless because there would be no threat to the definition of marriage, only its place in law (which is not typically considered "sacred"). This wouldn't be "taking away 'marriage' ... from everyone", since people could still call their civil unions marriages if they pleased. Churches could still bless civil unions as marriages, traditionalists could still call their civil unions a marriage, and people could include or exclude whomever they please from the definition because the definition no longer has any power. It would be a cultural term, akin to "communion", but it would hold no legal potency.

My allusion to polygamist marriage is to indicate that removing "marriage" from legal terminology and replacing it with "civil union" would make any future redefinitions of "marriage" far less contentious. When polygamist marriage inevitably comes up for consideration, there wouldn't be any bickering over how redefining marriage would be an affront on the sanctity of marriage because marriage would not longer be redefined. Civil unions would be redefined and since they lack any tradition or sanctity, the arguments appealing to either would be irrelevant. In other words, replacing "marriage" with "civil union" makes it easier to address future changes to marriage because there would be no tradition or sanctity to consider.

In case your reading comprehension failed you, I specifically said that:

my point about the utility of traditions was meant to be a general commentary on tradition as an aspect of society and how I view it. This particular tradition—that of the institution of marriage being defined as a union between a man and a woman—is not useful in any discernible degree. It reinforces a traditional family model, but the merits of this model are uncertain at best.

My arguments do not apply to interracial marriage because race was not an essential component in the core definition of marriage. The core definition of marriage was exclusively based on the sexes of those marrying, not their races or classes or ages or consensual statuses or anything of the sort.

At this point, I feel like I am repeating myself, so if you haven't read the entirety of my previous posts, I strongly advise doing so before responding further. I have already articulated myself lengthily enough; I don't think it's necessary to needlessly expand this comment chain with repetitive rhetoric.

I have not been "intellectually dishonest" at all. I can see where you might interpret it as such, but I believe you are miscategorizing me since "intellectual dishonesty doesn't describe my conduct thus far in the slightest. A bit confusing? Perhaps. Intellectual dishonesty? Definitely not. There is no "bait-and-switch crap" going on either. I am a progressive liberal and I employed arguments which reflected my views. Like I said before:

Perhaps I shouldn't have announced my ideological position in my initial post, but I did so in the hopes of avoiding arguments like the one we're having right now.

[10,000 character limit reached, continued in next reply.]

9 years ago
Permalink

Comment has been collapsed.

Some of the arguments I have used thus far do not reflect my personal views, but the views of those who were silenced by this ruling. I did not lie about my views, however, because when I applied arguments which weren't mine, I repeatedly distanced myself from them. Feel free to go back through my responses and look for yourself. If at any point I wasn't clear about distancing myself from them, then I apologize for the confusion. In any case, I'll explain my entire purpose for arguing, which may help you understand where I'm coming from:

The point of my arguments is to show how one-sided the ruling was and how it unfairly and undemocratically silences the conservative, traditionalist, religious side. Although I don't agree with their side, I can sympathize with their position of feeling their values are being threatened by changes which deviate from what they know and love. I don't care to retain useless traditions like they do, but for the definition and sanctity of marriage is obviously important to them. We should consider this and try to find a way of accommodating for them while still achieving the same practical goal of marriage equality.

Some of the arguments I have used are not necessarily my own; they are meant to illustrate that tradition and the traditional definition of marriage are important to many people, not me. I don't care about the traditional definition of marriage at all. Others do. I am pointing out that we should accommodate for these people rather than silencing them, and my suggestion about changing "marriage" to "civil union" was a proposal which I believe would have accomplished just that. The parts of the argument which reflect my personal views are those regarding the abuse of power of the Supreme Court, how I believe the Constitution should be interpreted, and the specious sophistry of the majority. You'll notice that I possess the views which are mine with pronouns like "I" and "my", whereas I distanced myself from the other views using pronouns like "they" and their(s)". Nevertheless, I stand by each argument I've used and I have done my best to flesh them out as rationally as possible, despite the fact that the core foundation for much of it is based on adherence to tradition.

9 years ago
Permalink

Comment has been collapsed.

One last thing: you brought up an interesting point about negative liberties.

The Supreme Court's role is to protect negative liberties, not dispense positive liberties.

Says who? Sure, the constitution does say what the governments cannot due to you, but it also delineates roles and responsibilities. And in order to secure those rights, certain positive liberties have to be established.

For instance, in order to maintain the negative liberty of preventing the state from unjustly prosecuting a citizen, the constitution explicitly requires the positive liberty of being provisioned legal council.

Do you have evidence that dispensing positive liberties is a fundamental role of the Supreme Court?

I reject the premise of your question as a false dichotomy. The fundamental role of the Supreme Court is to interpret the Constitution and perform the function of judicial review of federal law. The "positive" or "negative" nature of the matter at hand is immaterial, and is a distinction imposed by specific ways of interpreting the constitution.

And no, Lochner was not what invented positive liberties. Also, Lochner is steeped in myth and misunderstanding, so it isn't really all that credible to cite it as the epitome of judicial overreach.

Marriage may be a contract, but it is a contract with the government which allots certain entitlements granted to those who agree to it. From my understanding, the granting of entitlements is the role of the legislature, not the judiciary. The Supreme Court protects rights; it does not dispense them.

This statement is utterly meaningless. The Supreme Court rules on the constitutionality of various laws passed by the legislature. As said laws are what grant entitlements, upholding or overruling those laws will therefore determine what happens to those entitlements.

I'm also somewhat confused when and when you see fit to invoke arguments from "utility." Whatever this is, it certainly isn't a matter of "utility."

Edit: Removed some uncalled for crankiness.

9 years ago*
Permalink

Comment has been collapsed.

That is my opinion of the Supreme Court's roles, as well as the opinion of many others. It also aligns with the general government model off of which the United States operates. The government's role in general is to protect negative liberties, though it is also expected to dispense positive liberties as well. The legislature defines the liberties; the executives execute the liberties; and the judiciary interprets the laws of the legislature in the context of these liberties. However, whereas the legislature legislates positive and negative liberties; and the executives execute these positive and negative liberties; the judiciary only interprets the negative liberties allotted by the Constitution. The legislature is the only branch which dispenses positive liberties; and the executive branch only ensures their execution; but the the judiciary determines only whether negative liberties are constitutional. The judiciary does not itself dispense positive liberties; that is the role of the legislature, hence calling the Supreme Court's actions that of a "super-legislature".

Positive liberties are indeed established and codified. That is the duty of the legislature. The Supreme Court is the head of the judiciary branch, not the legislative branch. It is not their duty. The Supreme Court does not interpret the constitutionality of positive liberties because positive liberties are not dispensed through the Constitution. The U.S. Constitution is strictly a legal document of negative liberties—the rights of liberty from government interference that the People possess. Since the Supreme Court strictly interprets the constitutionality of laws, it does not address positive liberties.

Some believe that the Supreme Court should also interpret positive liberties, since the other two branches work with positive liberties as well. This would require for there to be positive liberties in the Constitution, however, of which there are none—aside from the distorted implied enumeration of certain rights which some judicial activists attempt to impose. If the Supreme Court could interpret positive liberties, however, it deprives the legislature of its power in ratifying positive liberties. The legislature is the only branch which can address positive liberties because its representatives are elected democratically; the executive branch determines whether to execute the positive liberties legislated by the legislature, but it does not legislate them.

The Supreme Court is a council of nine unelected lawyers appointed by the President (the head of the executive branch). Their decisions are not subject to the democratic process, nor do their rulings require executive ratification to apply. This is why the Supreme Court was to be the weakest of the three heads of branches: its power was immense and as such it required immense judicial restraint, lest it circumvent the democratic process and disrupt the checks and balances of the government. Chief Justice Roberts touched extensively on this, so I'm not sure why I need to explain this here. If necessary, I will quote the pertinent passages.

The role of the Supreme Court is to uphold the negative liberties—the only liberties allotted by the Constitution. The point at which it begins to address positive liberties without Constitution substantiation is the point at which it departs from judicial restraint and enters the realm of judicial activism.

I reject the premise of your question as a false dichotomy. The fundamental role of the Supreme Court is to interpret the Constitution and perform the function of judicial review of federal law. The "positive" or "negative" nature of the matter at hand is immaterial, and is a distinction imposed by specific ways of interpreting the constitution.

I would say that it is not a false dichotomy at all. That is how liberties in the United States have been treated since its founding, a concept borrowed from Thomas Hobbes, the influential English philosopher whose writings informed the Framers and their views of a newer, better government. You can dismiss them as arbitrary if you wish, but that is the same negligence of history that the majority employed to justify their specious position. You are correct in your assessment of the "fundamental role of the Supreme Court", but you erroneously assume that the Constitution contains and allots positive liberties the Supreme Court must then interpret.

Which positive liberties—meaning entitlements provided by the government—are explicitly enumerated in the U.S. Constitution? Implied liberties whose basis is solely on precedent and previous interpretation could easily signify abuses of power by the Supreme Court before. Since the Supreme Court's "fundamental role" is to "interpret the Constitution and perform the function of judicial review of federal law", it should therefore interpret the Constitution, not rely on erroneous precedents from previous judicial activists. Where are the positive liberties in the U.S. Constitution? Can you name a single one?

The Supreme Court rules on the constitutionality of various laws passed by the legislature. As said laws are what grant entitlements, upholding or overruling those laws will therefore determine what happens to those entitlements.

Refer to my above statements. The Supreme Court only rules on negative liberties, i.e. the liberties allotted by the U.S. Constitution. Laws which dispense positive liberties are only interpreted for their constitutionality in order to determine whether they violate any of these negative liberties. The Supreme Court does not interpret the positive liberties themselves because there are no positive liberties in the U.S. Constitution, and its role is strictly to interpret the constitutionality of laws. You cannot interpret that which is not there.

9 years ago*
Permalink

Comment has been collapsed.

Khadazon, you do what you want with your blacklist.

Though I wouldn't mind being on it for the sole reason: "being finally and (knowing about it) on a blacklist".

(psss: I'm defining myself as part of LGTB and I'm very supportive of any positive progress - Belgium was the second country to legalize same-sex wedding and since then, well, we didn't see any dramatic change :p).

9 years ago
Permalink

Comment has been collapsed.

Why would I blacklist someone as generous as you and also a clear supporter of the LGBT community? Belgium has a really interesting history, always wanted to travel there someday and take in the city of Bruges.

9 years ago
Permalink

Comment has been collapsed.

I don't know, just for fun? And for me to know that I am finally in a blacklist?

I know that there is not real reason to blacklist me apart:

  • for being tolerant
  • for taking stuff litteraly sometimes
  • for being a gamer girl
  • for being atheist
  • for still being single
  • for saying thanks
  • for not saying thanks

etc. :p

9 years ago
Permalink

Comment has been collapsed.

Tolerant, atheist, Belgian,single ,gamer girl?

Straightens bow tie and combs beard Well hello there!

9 years ago
Permalink

Comment has been collapsed.

Hello there!

9 years ago
Permalink

Comment has been collapsed.

So, do you like ... Stuff?

9 years ago
Permalink

Comment has been collapsed.

+1 :D

9 years ago
Permalink

Comment has been collapsed.

LOL, glad someone appreciated that:P

9 years ago
Permalink

Comment has been collapsed.

+1 get your "Game" on ;-P

9 years ago
Permalink

Comment has been collapsed.

I was about to flame you for the necro, but that was worth it, haha.

9 years ago
Permalink

Comment has been collapsed.

This will make the Middle East and Russia hate you even more.

9 years ago
Permalink

Comment has been collapsed.

you can't be serious lol

they already hate us anyways

9 years ago
Permalink

Comment has been collapsed.

One extra-reason to do so. They'll take it :-p. Cause they're bigot cunts, the lot of them.

9 years ago
Permalink

Comment has been collapsed.

Most of them are straight so they are cunts?

9 years ago
Permalink

Comment has been collapsed.

If their homophobes...YEAH, they're MAJOR ass-holes. I'm straight too, but I'm not a homophobic douche-bag. Russians arrested two lesbian athlete women for kissing on stage when they won a gold medal at the World Athletics championship. First thing after they got home to Moscow. The only charge against them was this. They were literally put in jail for bing gay. Explain to me how they're not cunts? I'd be really interested to hear that...

9 years ago
Permalink

Comment has been collapsed.

I meant...they are cunts because they are mostly straight?

9 years ago
Permalink

Comment has been collapsed.

WTF is wrong with you? Were you dropped on your head when you were a baby, or something? Was I not clear enough when I explained that only people that hate on gay people (or any other kind of people who are different) are cunts?

9 years ago
Permalink

Comment has been collapsed.

MY INITIAL reply was that, you misuderstood it. And you wrote anything else after that reply. What's wrong with YOU?(

9 years ago
Permalink

Comment has been collapsed.

You asked me if I consider the Russian and Arabs cunts for being straight, to which I said no( I consider them so for being bigots)... If you didn't mean that, WTF did you mean???? Cause you are REALLY BAD at getting your ideas across to other people, it seems... Speak coherently and with punctuation, if you want people to understand you.

9 years ago
Permalink

Comment has been collapsed.

nvm...pointless quarrel

9 years ago
Permalink

Comment has been collapsed.

So, if I don't support LGBT and like women - I'm cunt? Nice point...

9 years ago
Permalink

Comment has been collapsed.

What kind of imbecile are you? I like women too, but I don't make it my personal business what other people do in their bedrooms. It's THEIRS and ONLY theirs. That's why you're a cunt. Because you're a bigot. Do I really have to explain to you why BIGOTRY of any kind is bad? Are you really THAT stupid?

9 years ago
Permalink

Comment has been collapsed.

Did i say something wrong or stupid? Did i say what i'm bigotry or i don't like gays? I just said what i don't support them or something like that, but it doesn't mean that i hate them or hate what are they doing! I understand that it's only their business.

Russians arrested two lesbian athlete women for kissing on stage when they won a gold medal at the World Athletics championship. Where did you get that? It's just a usual fake) I can give you some links which proves that :)

I don't know why you think what i'm cunt. And i don't know do you think what i'm stupid. But it more seems like you are a usual hater.

9 years ago
Permalink

Comment has been collapsed.

You don't have to support them. No one gives a fuck what you think, the law passed and that's that. They don't need your support or mine...or anyone else's for that matter. They can take care of themselves. But what they can do without is hatred against them for the simple reason of being different. If you don't hate them, like you say, why would you give a fuck whether they can get married or not? That''s what I failed to understand. And that thing is true, look it up. They might have released them by now, but it did happen. Saw it on the news at that time. Russia has a VERY HOMOPHOBIC government. All the way to the top, that shit-head psychopath that is Vladimir Putin. Your business if you want to deny the obvious truth.

9 years ago*
Permalink

Comment has been collapsed.

why would you give a fuck whether they can get married or not
Hey! I don't give a fuck what these guys do! They can do whatever American laws allow them to do. I'm here only because you said "One extra-reason to do so. They'll take it :-p. Cause they're bigot cunts, the lot of them."
You know, it's kind of rude, and i just tried to find out why do you hate people from these countries! You're big boy and you know what there are a lot of assholes in every country. And also i don't now what my goverment did to you, but try to humiliate them it's rude too.

9 years ago
Permalink

Comment has been collapsed.

It's a well known fact that both Russia and The Middle East countries have very strict homophobic policies and that they hate the United States. They also hate all other countries that don't share their narrow and deeply bigot views on people who are different. So of course now they have another reason to hate the United States...basic logic. And of course these countries suck donkey balls for that. In most other countries(whether marriage is permitted or not) gay people are not denied basic civic or even human rights, like in Russia's case. In the Arab countries it's even worse: you can be publicly executed(stoned to death, which is a horrible way to die) for your sexual orientation, if it's not heterosexual.

9 years ago
Permalink

Comment has been collapsed.

This thread should be closed, some of the comments are getting nasty, that's why the forum has rules.

9 years ago
Permalink

Comment has been collapsed.

I know there are some unfortunate remarks, but one support member already posted in here and I would imagine the thread's being watched. If I think it's going to far then I'll certainly close it myself:)

9 years ago
Permalink

Comment has been collapsed.

threads like these work like filters. you can add a lot of people to your white/blacklist.

9 years ago
Permalink

Comment has been collapsed.

+1 Haha, that's what I'm doing, too.

9 years ago
Permalink

Comment has been collapsed.

Time to go do the paperwork and get that marriage certificate, I guess; I can hang it next to the one my daughter drew when she was 2.

9 years ago
Permalink

Comment has been collapsed.

Sadly the one that your daughter drew doesnt matter for the burocracy stuff :p

9 years ago
Permalink

Comment has been collapsed.

Finally some progress. I'm so proud!

9 years ago
Permalink

Comment has been collapsed.

I THINK 5-10 years and HUMANS making marriage with ANIMALS..... SO FKn GJ

9 years ago
Permalink

Comment has been collapsed.

Don't worry, I guess you'll find a nice human for yourself then :D

9 years ago
Permalink

Comment has been collapsed.

haha xD

View attached image.
9 years ago
Permalink

Comment has been collapsed.

It's brilliant response for all this "humans will marry with animals" crap. Too bad I never thought about it myself :D

9 years ago
Permalink

Comment has been collapsed.

Not an easy task (

View attached image.
9 years ago
Permalink

Comment has been collapsed.

nobody is reacting with rage on this post. But my post is under attack. Strange :D

9 years ago
Permalink

Comment has been collapsed.

I'm waiting for AI marriages so I can watch them divorce

9 years ago
Permalink

Comment has been collapsed.

I doubt that... animals aren't able to show a recognizable consent. Not in a way that we can see atm. Maybe one day, who knows.

9 years ago
Permalink

Comment has been collapsed.

Lmao, you're happy someone else finally got a freedom they should have had in the first place(because why the fuck should anyone care who you marry) yet you threaten to blacklist people who exert another freedom, free speech, with blacklisting? Wow, the hypocrisy is thick here. Blacklist away and prove me right lol.

9 years ago
Permalink

Comment has been collapsed.

Reread the topic, bub.

9 years ago
Permalink

Comment has been collapsed.

I did, friend, it sounds like "agree with me or fuck off". You changing the op later does not change how it initially sounded which is what i responded to :)

9 years ago
Permalink

Comment has been collapsed.

I was just being courteous and warning people in advance. I could have simply not posted anything and BL'd everyone who posted anything showing loathing or being derogatory.(As such, I have no reason to blacklist you. Cheers!)

9 years ago*
Permalink

Comment has been collapsed.

Well, this is the interwebz after all, home of the "agree with me and fuck off", you can't blame me for jumping to the conclusion i did :)

9 years ago
Permalink

Comment has been collapsed.

Yeah well, I wanted to post this then make a sandwich while I watched a documentary on 14th century secular music,so I threw it up quickly:P

9 years ago
Permalink

Comment has been collapsed.

Sounds like a very interesting topic for a documentary, hope you enjoyed that sandwich :P

9 years ago
Permalink

Comment has been collapsed.

It was great:Corned beef, cole slaw, swiss cheese on rye bread with a sierra nevada pale ale. And the doc was part of Terry Jones' Medieval Lives series:The Minstral.

9 years ago
Permalink

Comment has been collapsed.

the next one is gonna be The Knight, I have it ready too :D

9 years ago
Permalink

Comment has been collapsed.

The book's really good too, funny and well-written:)

9 years ago
Permalink

Comment has been collapsed.

Sounds great, imma look it up :)

9 years ago
Permalink

Comment has been collapsed.

You may want to give an impression of what the original topic sounded like, 'cause your response comes across somewhat extreme in relation to the current OP :X

9 years ago
Permalink

Comment has been collapsed.

Before you added the explanation it sure sounded like you would blacklist anyone who didn't agree with you because of how you worded it and I still feel like that is what you originally meant.

"Anyone who hates on this will be instantly blacklisted, this is meant as a supportive post".

The way you said you will be blacklisted and then put a comma and added more detail saying "this is meant to be a supportive post" basically implies that if you are not in support of this and express that opinion, you will be blacklisted.

That may or may not be what you meant, but that is how you worded it and people will react to it that way.

9 years ago
Permalink

Comment has been collapsed.

Congrats to all gay people from u.s.a. , personally i dont support the marriage ( i mean, even for a hetero couple) but with this, gay couples will have less problems with all the system ( heritage, terminal dissease , etc)

9 years ago
Permalink

Comment has been collapsed.

Deleted

This comment was deleted 9 years ago.

9 years ago
Permalink

Comment has been collapsed.

Ah, now I remember why I blacklisted you a long time ago.

9 years ago
Permalink

Comment has been collapsed.

Is it just me, or are a lot of these negative comments coming from leeches here?

9 years ago
Permalink

Comment has been collapsed.

I've been keeping tabs on the long list of blacklists I've made here, and /every single one/ that's incredibly extreme, has been a leech, had neg rep, or was actively suspended from steamgifts.

Most of the non-extreme ones, as well.

But, then, we already KNEW that giving freely to others wasn't something these individuals were known for :P

9 years ago
Permalink

Comment has been collapsed.

"I disapprove of what you say, but I will defend to the death your right to say it." -Voltaire (Attributed)

9 years ago
Permalink

Comment has been collapsed.

Misattributed*

I'm almost certain he never said it. That's a pretty common urban legend.

9 years ago
Permalink

Comment has been collapsed.

I thought that's what "attributed" after his name meant, but I could be wrong.

Edit: Link - "Voltaire probably never said these exact words. They were written in 1906 by Evelyn Beatrice Hall (pseud. S. G. Tallentyre) in the biography "The Friends of Voltaire". The author did not attribute the words to Voltaire, but used them to sum up Voltaire's attitude"

9 years ago*
Permalink

Comment has been collapsed.

Attributed (definition 1.1) generally means that a quote is ascribed to a particular author, though the author's ownership of that quote is not certain. Meanwhile, misattributed simply means that the attribution was wrong, that it was a wrong attribution.

9 years ago
Permalink

Comment has been collapsed.

+1

9 years ago
Permalink

Comment has been collapsed.

This whole thing is pointless... Marriage isn't even important. I don't understand why humans, out of all the species that live on this planet, have to be the ONLY ones that need marriage in order to be "united" with a partner... Talk about "intelligent species" and "logical thinking". Marriages should be banned. They are mostly a monopoly for those that are stupid enough to pay a lot of money for something irrelevant, pointless and most of all... ridiculous. You don't need to go to a church.. you don't need to wear rings... you don't need to wear a fuckin' expensive dress/costume... That's a show-off, not uniting with someone you love. That happens in a private time, between you TWO. Where you talk, promise and engage. But you know what? I'm pretty much done with humanity... It's so illogical and torturing to even try to understand humans' logic. I bet your God is laughing at you. I know I would.

9 years ago
Permalink

Comment has been collapsed.

calm down bro, you don't need a wedding to get married

9 years ago
Permalink

Comment has been collapsed.

But how else would we show off our wealth to our family/friends and make them jelly or show certain friends/relatives we actually hate them in a passive-aggressive way by not inviting them? Not to mention the free pass from your soulmate to get shitfaced and bang hookers one last time.

9 years ago*
Permalink

Comment has been collapsed.

9 years ago
Permalink

Comment has been collapsed.

I love Archer :D

9 years ago
Permalink

Comment has been collapsed.

Almost everything in life can be answered with an Archer quote.

9 years ago
Permalink

Comment has been collapsed.

I'm kind of mixed about this. I mean, I think it's great that we finally quit trying to impose an archaic vision of morality regarding love and other people sexuality. On the other hand, marriage is a religious institution whether you agree or not. I say, we need to replace marriage. Give it another name of whatever, and let the "marriage" be handled by churches, mosques, etc.

I for one am against marriage as I am an atheist, that said, I'd get engaged to my girlfriend if only for the financial benefits. So yeah, get the religion out of society matters.

9 years ago
Permalink

Comment has been collapsed.

Truthfully I completely agree with you; marriage hasn't been a normal part of human society all that long, at least not as a commonplace and normal ritual. I frankly think that the way it enforces lots of gender roles and how we treat one another is a serious problem. That's for another topic though;).

9 years ago
Permalink

Comment has been collapsed.

Interesting, I never thought about marriage as a religious institution, only as a bureaucratic thing which offers you legal benefits. Maybe my POV comes from the german system, that only a marriage in a civil registry office not sure if that is the correct translation for Standesamt is legally binding.

9 years ago
Permalink

Comment has been collapsed.

I think the system is the same pretty much everywhere. You basically get married twice, if you are religious. Religiously, which has no legal impact at all, and legally.

Which kind of bothers me. Here in France, we're (well at least that's what the governement says) very proud to be secular, and on the other hand, our civil union is a religious one. We need a new, civil only union. Away from those goody two-shoes. Another good side of this is that they will finally shut the hell up about people of same sex getting "married".

That said... they'll find something else. They already did actually, about adoption. Yeah, because straight people are so much more stable. We don't beat or rape our kids, scream at each others and drink / smoke / inject ourselves. Only gay people do that, the bible says so!

Just for the kicks, I'm straight. But that whole hypocrisy is driving me mad, so I have become somewhat supportive of gay rights. That and the fact people shouldn't be able to judge what you do with your body or who you love.

9 years ago*
Permalink

Comment has been collapsed.

You're against marriage because you're an atheist? What does that got to do with anything?

I'm an atheist myself, I don't like religion, but I'm not against religious marriage. Why would anyone be against that?

Anyway, this is about civil marriage, the one that really matters. It has nothing to do with getting married in a church.

9 years ago
Permalink

Comment has been collapsed.

Let's set aside our personnal views on religion shall we? Point is, I'm against the fact that marriage as a religious institution is used as the main civil union. I couldn't care less if people "marry" (in a church or whatever), I just don't want it for myself. This, indeed, has to do with getting married in a church. It's never been about morality, there's already another form of civil union that gay people aren't excluded from, but it doesn't give as much rights as a marriage. So, the only reason gay people haven't been able to marry is because marriage is, once again, a religious thing uniting a man and a woman. We are, in a way, offending religions by letting gay people marry. We're also offending non-religious people by not allowing them to have something that gives them the same rights as marriage.

We need to cut off the bullshit, leave the marriage to religion, and make something new. A change in the name should prove sufficient.

9 years ago*
Permalink

Comment has been collapsed.

Nice, if only my country could be as open-minded. We still have people that throw rocks at gay people when they make marchs. Sad...

9 years ago
Permalink

Comment has been collapsed.

I think everywhere are these shitty people, no matter the country laws.

9 years ago
Permalink

Comment has been collapsed.

Yes, of course, there are plenty of homophobic douche-bags in the US too, especially in the damn Southern states, but the difference is that the American government doesn't arrest its professional athletes for homosexual display in public, like Russia does. My country (Romania) is thankfully not at that horrible level, but still, the guys that persecute homosexuals should be punished by some anti-discrimination laws and that, unfortunately, is not the case.It's because the church keeps messing in state affairs and the church has the support of more than 70% of the population, even if not all of them are homophobic.

9 years ago
Permalink

Comment has been collapsed.

yes, some countries are really retarded backward(?) with their worldview. 70% is a lot .. and the church will never support homosexuality, I think?. :|
Some people are just stupid and narrow-minded. Although Germany is very advanced, I still hear people saying that homosexuality is some kind of "sickness", and I bet new laws would not change a thing in this case. education would though :)

9 years ago*
Permalink

Comment has been collapsed.

It's a bit perplexing that you use the word "retarded" in that manner, especially when commenting on social equality and political correctness.

9 years ago
Permalink

Comment has been collapsed.

my english isn' the best, I just translated it like that. guess the meaning is clear.
I just meant: NOT UP TO DATE, like in this century.

9 years ago
Permalink

Comment has been collapsed.

If you're using the word to illustrate "dumb" or "backward," you're really using a slur that is no different than saying "gay" or "queer" in a similar negative connotation.

9 years ago
Permalink

Comment has been collapsed.

I tried to explain it above. retarded/backward = out of date, not appropriate (anymore)(because people should know better), however. it's just my opinion :)

9 years ago
Permalink

Comment has been collapsed.

Technically, retarded means delayed, slowed, or hindered. It's a perfectly reasonable word, just as long as context is taken into account. A country can, indeed, be retarded in context of social progress and civil rights. Or, "The flat tire retarded the vehicle's progress up the hill."

Sadly, the PC police these days have really overstepped their bounds when it comes to policing word choice. As an insult toward a person, it's not ok. Using it to mean stupid is not ok. Otherwise, it's a legitimate word that has legitimate uses.

9 years ago
Permalink

Comment has been collapsed.

Aye. Taking offense over someone translating to English without recognition over modern implications, would be like getting upset because someone said they're carrying a faggot up a hill while smoking a fag.
[Or if you're in Britain, going on a bender followed by taking a bender off a cliff.]

Actually, those mental images are amusing...
I digress.
Point is, if we give power to those words when we don't have to, we're as responsible for their effects as anyone.

However, in that specific context, retarded definitely sounded as if it was being used as a slur, so I definitely don't fault trying to inform Kathleen about the implications of the word's usage.

9 years ago
Permalink

Comment has been collapsed.

My Doctor says that I have a Learning Disabilty.

I say I'm Retarded.

I'll let you decide the truth of those statements ;-P

9 years ago
Permalink

Comment has been collapsed.

heard about it yesterday in the news, very awesome and a step in the right direction :)

9 years ago
Permalink

Comment has been collapsed.

It's funny because you progressive liberals keep telling people to respect religions, but then on the next day you do these kind of moves that are very irreligious. Hypocrites

9 years ago
Permalink

Comment has been collapsed.

This is purely on a legal level. Churches still have the right to deny performing weddings. Marriage is both a legal contract and a religious institution.

9 years ago
Permalink

Comment has been collapsed.

Get married on the beach or some place other than a church. Problem solved.

9 years ago
Permalink

Comment has been collapsed.

you are still offending a lot of religious people by doing this. you are probably pissing off more people than you are making happy

9 years ago
Permalink

Comment has been collapsed.

Someones right on what they should and shouldn't be able to do should not rest on the fact whether or not it will offend a group of people. Someone will always be offended, regardless of what the issue at hand is.

From personal experience, as a Canadian (a country that is prodominately Catholic and where the church holds a great amount of influence), this is not muh of an issue. A great amount of Catholics here do not like it and they voice their opinion but most accept the fact that this is the right thing to do from a legal perspective. Someone does not lose their right to practise their faith by granting someone else the right to marry who they choose.

9 years ago*
Permalink

Comment has been collapsed.

I'm an unabashed atheist (unless you count worshiping fake Dwarven gods) but this seems fair and makes total sense to me.

9 years ago
Permalink

Comment has been collapsed.

Fine, then. Let them be offended. I don't give a fuck.

9 years ago
Permalink

Comment has been collapsed.

So? Many people's religion offends me.

What now?

Religion has no part of government.

One of the foundations of the formation of America was freedom of religion. The colonists were, among other things, fleeing religious persecution. They got here and said that government will not declare an official religion. You are free to practice your religion as long as it does not break the law.

I find it ironic that the religious fundamentalists in America today keep wanting to put God into government. I kind of want to accuse them of treason. Why do they hate America and her founding principles?

9 years ago
Permalink

Comment has been collapsed.

I was just pointing out the absurdity of liberals who tell people that they must blindly respect all religious ideologies, yet at the same time they are supporting an extremely irreligious idea that religious people see as disrespect towards their religion. I don't personally respect bad ideas, which is what religions tend to be made of.

"I find it ironic that the religious fundamentalists in America today keep wanting to put God into government. I kind of want to accuse them of treason. Why do they hate America and her founding principles?"

I can't speak for all religious people, but to me it was all about what God wanted. To me it was clear that God envisioned a society without homosexuality, and that I would have a greater chance of getting into paradise if I opposed homosexuality. That's why I was political about it.

9 years ago
Permalink

Comment has been collapsed.

It's only irreligious if you subscribe to certain tenets of the Abrahamic religions since some sects in each one allows same-sex marriage.

9 years ago
Permalink

Comment has been collapsed.

sure, but then progressive liberals should say that only a certain interpretation of a religion should be respected. Some religions are hugely anti-homosexual if you interpret the scriptures without editing or ignoring some of them

9 years ago
Permalink

Comment has been collapsed.

Respecting a religion doesn't mean using it as a basis for the judicial system.

9 years ago
Permalink

Comment has been collapsed.

that's just your opinion. the fact is that this will piss of a lot of religious people who feel like they're not being respected

9 years ago
Permalink

Comment has been collapsed.

So what?

And, no, that's not just Akoperu's OPINION. That's the LAW in AMERICA. Read the 1st Amendment of the US Constitution.

9 years ago
Permalink

Comment has been collapsed.

Religion shouldn't restrict basic human rights. Otherwise there are no basic human rights depending on which religion is most powerful in your region.
Plus, you can't exactly talk about respecting Religions when your name is "allahisdead" :/

9 years ago
Permalink

Comment has been collapsed.

Allah doesn't care about human rights, so that argument is invalid

9 years ago
Permalink

Comment has been collapsed.

Call a divine being what you will, it's all the same. One or more dudes coming up with mythical stories to influence and control people's views on different subject matters. No religion should be the basis of any judical system (as is in the USA, too) because many people will often attribute different things to different lines in said books and will always interpret values as they wish. If anything, there's the second most important commandment: "love thy neighbor as yourself" (Mark 12:31) which is often overrun by christians alike, by saying "this is unnatural, it's not in the bible, the bible says to do this to people who aren't like that" - which, to me, contradicts with that exact commandment. Anyway, there's no point in starting a debate about hypocrisy in religion, because if you start cramming out phrases from whatever religious book, one will always have the creative freedom to explain a phrase to match his personal views.
As for you, I think you should watch less FOX.

9 years ago
Permalink

Comment has been collapsed.

Of course the scriptures of a religion can be interpreted to mean anything if enough imagination is used. But then there are some verses are much harder to be interpreted in many different ways even for a creative person. Homosexuality is a good example of an issue which is almost universally unaccepted by people of certain religions. Good luck finding a devout Christian or Muslim who supports gay marriage.

"people will often attribute different things to different lines in said books and will always interpret values as they wish."
This is true for man-made laws too. There are cases where the verdict could have been different if the laws were interpreted slightly
differently.

Other than the new Cosmos, i haven't watched FOX. Why did you assume i did?

9 years ago*
Permalink

Comment has been collapsed.

Nice argumentation (I mean that, no sarcasm involved)
Well, I know a few "devout" christians in support of gay marriage, there's a few high-ranking members of the protestant church here in favor.
I assumed you were watching FOX because some of what you've said sounded a lot like what tea-party member had said on a talkshow there.

9 years ago
Permalink

Comment has been collapsed.

I don't think you know what "progressive" and "liberal" means.

9 years ago
Permalink

Comment has been collapsed.

Ha, gayyy!

(I have nothing against homosexuals.)

9 years ago
Permalink

Comment has been collapsed.

View attached image.
9 years ago
Permalink

Comment has been collapsed.

That looks familiar, where is it from?

9 years ago
Permalink

Comment has been collapsed.

this part from "Anthropology 101" ep., Señor Chang speaking, Community ofc

9 years ago
Permalink

Comment has been collapsed.

Ohhh. I should probably rewatch that series, I stopped after the zombie episode, I imagine there's been a lot more since.

9 years ago
Permalink

Comment has been collapsed.

yes, there is a lot more to watch now :D

9 years ago
Permalink

Comment has been collapsed.

Ha, straaaight! <3

9 years ago
Permalink

Comment has been collapsed.

If you don't say 'and narrow' at the end, people will think you're being thick.

Ha, wooorrrrrdplay! :3

9 years ago
Permalink

Comment has been collapsed.

Reading over the comments, it seems like a lot of peeps are just viewing this as simply allowing to peeps to live together and being able to call each other husbadn/wife. What a lot of folks are overlooking though are the legal reasons behind why the LGBT have fought so hard for this in the first place. There are a lot of privileges that's comes with being married and we're denied to same sex couples.

There are cases where if one dies, the partner would have zero say in regards to funeral arrangements and the like. Same goes for insurance policies, adoption, hospital visitation, etc. Marriage is not just a religious institution but it also has serious legal powers behind it as well.

9 years ago
Permalink

Comment has been collapsed.

Well put, marriage did arise out of religious doctrine but it's hardly the main reason so many same-sex people want to go through the process.

9 years ago
Permalink

Comment has been collapsed.

Thats a point, in our law and tax dominated world those rights are very important.
My wife and I just married cause the rights we gain, heritage, one could decide for each other and so on.
Without this formal act, one of us would have a big heritage-tax-problem if the other one dies....sounds a bit unromantic....but that's our world, very unromantic.

9 years ago
Permalink

Comment has been collapsed.

+1

9 years ago
Permalink

Comment has been collapsed.

Glad for the Americans they are catching up :). and now the gun gontrol issue.....

9 years ago
Permalink

Comment has been collapsed.

just curious do u see the former post as a negative post i noticed [for first time i got blacklisted by someone hence i am curious :) ]
`Cause in the Netherlands same sex marriage has been around since 2001 and it was first country to have same sex marriage hence i said i am glad the U.S. caught up.

9 years ago
Permalink

Comment has been collapsed.

Were you in that "KKK" Giveaway group? I blacklisted everyone from there.(I removed you just now after checking your Steam groups)

9 years ago
Permalink

Comment has been collapsed.

I am not sure if i have tbh i checked but doesnt look like i am in it. i recently joined steamcompanion and i joined several new steamgroups as well but also some raffle groups wich spam like crazy wich i left. Anyways it seems we are both glad that progress is made in the U.S hehe

9 years ago
Permalink

Comment has been collapsed.

What's wrong with being really oKay with something?
Like, stop being bigoted against valley girls, k, k, k?

As screwbally bad-support as Valve/Steam is, I'm a bit surprised they tolerated a hate group steam group.

9 years ago
Permalink

Comment has been collapsed.

My mom saw me reading this and she started talking about God
An hour long argument was made

9 years ago
Permalink

Comment has been collapsed.

Next time that starts up, quote this:
"Praise be to Banjo, Cthulu, the Invisible Unicorn, and the Flying Spaghetti Monster."

Then just walk away without further comment and see what happens.

9 years ago
Permalink

Comment has been collapsed.

(Those are all atheistic references, but even if you're not atheistic, given that she's unlikely to know what they're referencing, it could be an amusing moment.
Probably not best to antagonize a home situation too much though, especially since there's nothing people involved in bigotry like more, than talking about it.)

9 years ago
Permalink

Comment has been collapsed.

you forgot about Russell's teapot ;)

9 years ago
Permalink

Comment has been collapsed.

and if we move on to Agnosticism, we can reference Schrodinger's Divine Presence :P

View attached image.
9 years ago*
Permalink

Comment has been collapsed.

It's about damn time! Religion is only an lies and excuse using for wars, dramas bla bla.

9 years ago
Permalink

Comment has been collapsed.

Closed 9 years ago by bobofatt.