Mark - timescales for what you envisage could take some time. From my reading of The Brethren by Bob Woodward and Scott Armstrong the justices grant cert to only about 200 out of five thousand cases that are filed each year. Normally cases have been through the lower courts first also. As even DOMA has not yet come up for a ruling it could be some time before anything else along these lines does either?
I appreciate the response, but you didn't answer my question. I wasn't asking how you think a court might rule, but how you figure that the marriage laws of any State "deny to any person within its jurisdiction the equal protection of the laws."
I appreciate the response, but you didn't answer my question. I wasn't asking how you think a court might rule, but how you figure that the marriage laws of any State "deny to any person within its jurisdiction the equal protection of the laws."
Actually, I did answer the question. What the court says is what the constitution says. They are incapable of being wrong, even if they reverse themselves from time to time. They are omnipotent, omniscient, and omnipresent ;)-->
I personally agree with what you're trying to say, but my opinion doesn't matter, as I am a marginalized leper.
Oh, by the way, the individuals are the individuals that are a member of the class. The members of that class will state that just as interracial bans were ruled unconstitutional, sexual diversity rules in the marriage laws are also unconstitutional.
The flap is that if Mass. allows gay marriage, then other states will have to accept the Massachusetts Marriage Certificate, right?
I have a Georgia concealed weapons license, but less than a third of the states recognize it under reciprocity agreements. What's different between the two?
"The flap is that if Mass. allows gay marriage, then other states will have to accept the Massachusetts Marriage Certificate, right?"
-------------------------------------------------
Here in Minnesota, an unqualified YES :(-->
=================================================
and again from Zixar ----------------------------
"I have a Georgia concealed weapons license, but less than a third of the states recognize it under reciprocity agreements. What's different between the two? Honestly curious"
Minnesota will "recognize" your gay marriage, but not your gun. (no pun intended Trefor). To you and I, Zix, federal law should be upheld in ALL states. Yet if you walk into our mall, city hall, newspaper office, etc., you will be greeted with a plethora of signs stating "WE BAN GUNS ON THESE PREMISES".
I see NO such signs against the homosexuals who flout the law, and throw their defiance against us in the most flagrant of ways, yet -- we have to take a back seat, and leave the "registered" gun in the car, if we want to place an ad in the local newspaper, yet a "married" set of homosexuals can walk in, thumbing their nose at the law.
Minnesota now has a conceal-carry permit (with much protest ensuing as a result), and local business owners have taken it upon themselves to decide if they will, or will not allow guns on their premises --- despite the federal law in place.
So the difference between the two, is that you and I have a right to defend ourselves IN ONLY SELECT LOCATIONS, but homosexuals (who do NOT have a right to make us accept that abberent lifestyle) are forcing that upon us in ALL places.
And that is what they are looking to implement, by forcing federal law down our throats, yet rejecting federal law when it is adverse to their wishes, and the gay (I use that term loosely) crowd is not the only one looking to take away rights.
So that was an honest question, and I gave an honest answer. The difference is that 2nd Ammendment rights are being ignored, and preferance is being given to others, who wish to take away liberty and decency from the rest of us who care about such things.
Same sex marriage in Massachusetts is helping "grease the skids" on the path to ruin, conceal-and-carry does not. Perhaps I should have said that in the first place.
quote: The flap is that if Mass. allows gay marriage, then other states will have to accept the Massachusetts Marriage Certificate, right?
More or less. The idea of DOMA was to have a national definition which allowed individual states to allow other arrangements also that were not binding upon other states. However when it was passed most people did not expect any state to make those other arrangements that DOMA allowed and now they are panicking that DOMA may not be as sufficient an arrangement as it was originally thought to be. I expect they expect that DOMA will eventually be ruled unconstitutional by the Supreme Court.
Dmiller:
Guns can kill people as we too often tragically hear about. Whereas the vast bulk of people no doubt keep them and use them responsibly, and they should have every right to continue to do so (bet that surprised ya), there are situations and circumstances where they are not appropriate.
For some places to ban them is not from blind unthinking discrimination but out of concerns for security and public safety. You don't get a homosexual couple handing a bank teller a note saying "hand over the money or we start kissing in public".
The right to bear arms, has alas been frequently abused. On the other hand the lack of rights for others has been an abuse.
You might be interested to know that there is a group called "Pink Pistols", gay men who support the second amendment but also support gay rights. They seem to be a good balance of what should be American rights to me. :D-->
I always find it strange that once one group has gained its civil rights they suddenly think that the process is suddenly unnecessary for somebody else.
If he is so happy to uphold past Supreme Court rulings he conveniently forgets previous supreme court rulings that denied rights to him and his people.
Does he honestly think that the civil rights movement had no gay supporters? Does he think that all those who seek marriage rights for gays are white?
More selective trash from a far right "family" group.
i'm still trying to figure out two people vs. a person
I'll try to explain. First, I'll give a real-life example. (Sorry, but this will be long.)
I have a brother who is homosexual. Each of us is treated exactly the same by the laws of my State and of the United States, including marriage laws. Any person I can marry, he can marry. Any person I cannot marry, he cannot marry. Any crime for which either of us could be charged, the other could too. Any tort for which either of us could be liable, the other could too. Every right either of us has, the other does too. Neither of us is denied the equal protection of the laws.
In every State, exactly the same conditions for marriage apply to every person, without regard to sexual attraction/preference/orientation. Any legally responsible single person who is free from certain diseases may marry any legally responsible single person of the opposite gender who is free from the same diseases, unless that person is within a certain degree of consanguinity (relationship). Sexual orientation/preference/attraction is not even a consideration. The laws apply equally to every person, so no State is denying any person in its jurisdiction the equal protection of the laws. If a State were to exclude a person from marriage because of homosexuality (orientation/preference), then that State would be denying that person the equal protection of the laws. No State does that. Not only can homosexuals marry, many do. (BTW, I use "homosexuals" generically, including lesbians.)
All of the above dealt with "persons", as individuals, just like the Constitution does. Now I'll get into "two people" or "couple" (also applicable to other small groups).
Under the Constitution, I have individual rights and you have the same individual rights. Other than individual rights, there are no constitutional rights, except those of "the people" as a whole. For any other group, there are no rights of the group, but rather, rights of the individuals in the group. Mark's examples of classes were similar to classes in class action lawsuits, in which each member of the class has the same grievance. No "class rights" were violated. Rather, the individual rights of each member of the class were violated.
Similarly, regarding equal protection of the laws, that is guaranteed to individuals, not groups. All sorts of different groups are treated differently by the laws. Partnerships are treated differently than for-profit corporations, which are treated differently than non-profit corporations. Political action committees are treated differently than trade unions. The individuals in those groups are treated equally by the laws. The groups themselves are not. That is appropriate, and perfectly constitutional.
If you'll notice, arguments that marriage laws violate constitutional equal protection provisions always focus on small groups of people (usually "two people" or "couple"), rather than individuals. It is true that a male-male group or a female-female group is treated differently than a male-female group, but that is not unconstitutional unless an individual in one group is treated differently by the law than an individual in another group. As shown above, each individual in each of the three groups is treated exactly the same by existing marriage laws, so the laws do not deny any individual the equal protection of the laws.
Let's give everyone who wants to "get married" a licence for Civil Uniononly. No matter what gender they are or aren't.
Let them live as spouses for a while. IF they have maintained a monagomous, functional unit for, perhaps 10 years.....THEN let them get married....regardless of gender. I really don't think "youngsters from 18 - 23 or so) really have any idea what marriage really is!
My statement is not only an attempt to lighten up (needed for me...maybe not for you). Given the divorce rate today....this may work out. Let the spouses share health and legal benefits for that time. If the couples, regardless of gender, survive and are willing to remain so for life...then let them be "married".
That would open doors for the moral police ~ lol...too.
See, in this country...brides and grooms can marry, then divorce, remarry themselves or someone new, divorce, and also live with someone and not be married and have kids...but religiously, that's living in sin after the first marriage, right? (get the moral police!)
You can marry and divorce as much as you can afford to...or keep up with...have children with multiple fathers and mothers (all not from the same originating parent union) like 'yours, mine and ours' in a marriage, and you can be common-law (also living in sin to the religious).
We have various types of relationships resulting in marriage for the first time...up until the last time.
Is marriage permanent anymore?
My answer is no...unless a couple is wiling to honour their commitment for a lifetime.
Second marriage is practicaly the norm in some places, among growing numbers of people.
This is all acceptable by society as the right of individuals to choose.
In this instance, monagamous heterosexual unions are doable but our society has a track record of being slow to wrap around the social norm/behavior.
It wasn't too long ago women couldn't vote, afro-americans couldn't ride, and teachers were held accountable for their private lives down to a glass of wine lest their flagrant immoral behavior cost them their job and dignity.
It's pretty abstract nowadays ~ this marriage thing!
A couple can be married by non-clergy who purchased a license out of the back of a magazine too.
People are always pushing the envelope of societal norms.
What was socially acceptable several decades ago is now passe` and what was unacceptable then, is now common practice in some instances.
People are having children at 40 something and some are marrying for the first time, after they have solidified their careers.
What is the family goodness-wholesome marriage model the W.H. is promoting?
Has it all but vacated the social system we lived in decades ago?
We know people in their original marriages but chances are, we know even more people who are happier in their second...or third marriage.
Who's dream are we living, promoting and legislating?
It doesn't seem to me to be the current, common situation anyway.
If it's families we want to preserve, are we a little late?
Or will the judicial system have to provide the means of keeping families together?
What if it's against the will of a participant in a marriage?
Who's to say, with marriage evolving like everything else...what is the ideal, yet doable, realistic expectation to have with such a personal choice?
King Henry built a new religion to get what he wanted...after all...some folks just use arsenic.
I'm not..lol..promoting anything here, just commentary.
I'm away for the weekend so will have to be quick:
Long Gone:
quote:any legally responsible single person of the opposite gender who is free from the same diseases, unless that person is within a certain degree of consanguinity (relationship)
That's the nub of the argument. Opposite gender only which means that people who wish to marry the same gender are being discriminated against. The fact remains that there are a group of people who do not wish to take up the opportunity offered them for the very reason that their love object is not of the opposite gender. Removing this would enable marriage to gender of choice - your brother might then take this up, you would probably not, but the opportunity is still there then without discrimination.
I'm discussing the constitution, not what someone may wish or choose. Persons are guaranteed the equal protection of the laws. Wishes and choices are not. If you are suggesting that the Constitution requires that all wishes or choices be equally treated, or that laws should treat all wishes or choices equally, that is ludicrous.
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Trefor Heywood
Mark: Federalism has met problems before and had to deal with them. The original framers could not cross every i nor dot every t nor foresee how things would develop in the future. It created prob
Zixar
Here's a link to an article by Card on the problem with courts legislating by decision: Cool New Rights Are Fine, But What About Democracy?
J0nny Ling0
Ok. Apparently Massachusetts is poised to move on with same sex marriage. First of all, and it may not surprise some of you, I am opposed to this. Since I don't live in Mass, however, it doesn't real
excathedra
remember what ?
?
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Trefor Heywood
Thanks zix! :D-->
The real life bit is a very good question! ;)-->
At least it helps keep me out of mischief!
Mark - timescales for what you envisage could take some time. From my reading of The Brethren by Bob Woodward and Scott Armstrong the justices grant cert to only about 200 out of five thousand cases that are filed each year. Normally cases have been through the lower courts first also. As even DOMA has not yet come up for a ruling it could be some time before anything else along these lines does either?
Trefor Heywood
"Cymru Am Byth!"
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LG
Mark,
I appreciate the response, but you didn't answer my question. I wasn't asking how you think a court might rule, but how you figure that the marriage laws of any State "deny to any person within its jurisdiction the equal protection of the laws."
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markomalley
Actually, I did answer the question. What the court says is what the constitution says. They are incapable of being wrong, even if they reverse themselves from time to time. They are omnipotent, omniscient, and omnipresent ;)-->
I personally agree with what you're trying to say, but my opinion doesn't matter, as I am a marginalized leper.
Oh, by the way, the individuals are the individuals that are a member of the class. The members of that class will state that just as interracial bans were ruled unconstitutional, sexual diversity rules in the marriage laws are also unconstitutional.
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LG
Thanks, Mark. I was just trying to understand your thinking a little better.
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Zixar
Something just dawned on me...
The flap is that if Mass. allows gay marriage, then other states will have to accept the Massachusetts Marriage Certificate, right?
I have a Georgia concealed weapons license, but less than a third of the states recognize it under reciprocity agreements. What's different between the two?
Honestly curious,
Zix
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dmiller
From Zixar -------------------------------------
"The flap is that if Mass. allows gay marriage, then other states will have to accept the Massachusetts Marriage Certificate, right?"
-------------------------------------------------
Here in Minnesota, an unqualified YES :(-->
=================================================
and again from Zixar ----------------------------
"I have a Georgia concealed weapons license, but less than a third of the states recognize it under reciprocity agreements. What's different between the two? Honestly curious"
==================================================
Minnesota will "recognize" your gay marriage, but not your gun. (no pun intended Trefor). To you and I, Zix, federal law should be upheld in ALL states. Yet if you walk into our mall, city hall, newspaper office, etc., you will be greeted with a plethora of signs stating "WE BAN GUNS ON THESE PREMISES".
I see NO such signs against the homosexuals who flout the law, and throw their defiance against us in the most flagrant of ways, yet -- we have to take a back seat, and leave the "registered" gun in the car, if we want to place an ad in the local newspaper, yet a "married" set of homosexuals can walk in, thumbing their nose at the law.
Minnesota now has a conceal-carry permit (with much protest ensuing as a result), and local business owners have taken it upon themselves to decide if they will, or will not allow guns on their premises --- despite the federal law in place.
So the difference between the two, is that you and I have a right to defend ourselves IN ONLY SELECT LOCATIONS, but homosexuals (who do NOT have a right to make us accept that abberent lifestyle) are forcing that upon us in ALL places.
And that is what they are looking to implement, by forcing federal law down our throats, yet rejecting federal law when it is adverse to their wishes, and the gay (I use that term loosely) crowd is not the only one looking to take away rights.
So that was an honest question, and I gave an honest answer. The difference is that 2nd Ammendment rights are being ignored, and preferance is being given to others, who wish to take away liberty and decency from the rest of us who care about such things.
Same sex marriage in Massachusetts is helping "grease the skids" on the path to ruin, conceal-and-carry does not. Perhaps I should have said that in the first place.
Shoot Low. They are riding Shetlands.
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Trefor Heywood
Zixar:
More or less. The idea of DOMA was to have a national definition which allowed individual states to allow other arrangements also that were not binding upon other states. However when it was passed most people did not expect any state to make those other arrangements that DOMA allowed and now they are panicking that DOMA may not be as sufficient an arrangement as it was originally thought to be. I expect they expect that DOMA will eventually be ruled unconstitutional by the Supreme Court.
Dmiller:
Guns can kill people as we too often tragically hear about. Whereas the vast bulk of people no doubt keep them and use them responsibly, and they should have every right to continue to do so (bet that surprised ya), there are situations and circumstances where they are not appropriate.
For some places to ban them is not from blind unthinking discrimination but out of concerns for security and public safety. You don't get a homosexual couple handing a bank teller a note saying "hand over the money or we start kissing in public".
The right to bear arms, has alas been frequently abused. On the other hand the lack of rights for others has been an abuse.
You might be interested to know that there is a group called "Pink Pistols", gay men who support the second amendment but also support gay rights. They seem to be a good balance of what should be American rights to me. :D-->
Trefor Heywood
"Cymru Am Byth!"
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Trefor Heywood
Trefor Heywood
"Cymru Am Byth!"
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Trefor Heywood
Trefor Heywood
"Cymru Am Byth!"
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Trefor Heywood
This is a resignation letter from a Republican activist in Lakewood Ohio:
Trefor Heywood
"Cymru Am Byth!"
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Mister P-Mosh
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Trefor Heywood
Mr P-Mosh:
I found that one too! :)--> I was just wondering how you uploaded pics, something I don't know yet!
Trefor Heywood
"Cymru Am Byth!"
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Mister P-Mosh
I don't upload them, I link to them on the remote site. The code looks like this:
Just put the link to the photo you want in between the IMG tags.
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Trefor Heywood
Oh - simple as that! Thanks!
Trefor Heywood
"Cymru Am Byth!"
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mj412
-----------------------------------------------------
FAMILY NEWS IN FOCUS STORIES:
-----------------------------------------------------
Gay 'Marriage' Not a Civil Right
by Steve Jordahl, correspondent
SUMMARY: Family advocates, prominent black activists
agree that homosexuals are wrong to equate their
experience with that of African-Americans.
Homosexual activists are hitching their wagon to the civil
rights train and invoking names like Martin Luther King
Jr. and Rosa Parks to justify their claim to marriage.
But is gay "marriage" really a civil right?
Supporters of traditional marriage say no, pointing out
that when the U.S. Supreme Court voided the ban on
interracial marriage in 1972, it specifically upheld the
ban on same-sex marriage. They also note that having
parents from two races is inherently different than having
two "parents" of the same sex.
Jennifer Pizer of the pro-gay Lambda Legal Foundation has
a different view.
"The struggle for equal treatment under the law has
powerful similarities," she said, "because the minority
group needs to explain to the majority group that the
Constitution is about equal treatment."
But Dr. Walter Fauntroy takes issue with the gay activist
claim. Fauntroy, who coordinated the historic civil rights
March on Washington in 1963, said he will never accept the
civil rights comparison, especially in a culture where the
family structure is already decimated.
"What happens in my heart is that I know the difference,"
he said. "Don't confuse my people, who have been the
victims of deliberate family destruction, by giving them
another definition of marriage."
He adamantly supports equal rights for all people in the
areas of income, education, health care, housing and
criminal justice, but he said there are two essential
components gay "marriages" would never be able to provide.
First, gay couples can't -- by themselves -- procreate.
"Nor can (homosexual couples) effectively prepare the next
generation for civil society," Fauntroy said. "Every boy
needs a loving relationship with a man and a woman."
Seventy percent of African-American children, he added,
are being raised by single parent families.
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Trefor Heywood
Re Dr Fauntroy:
I always find it strange that once one group has gained its civil rights they suddenly think that the process is suddenly unnecessary for somebody else.
If he is so happy to uphold past Supreme Court rulings he conveniently forgets previous supreme court rulings that denied rights to him and his people.
Does he honestly think that the civil rights movement had no gay supporters? Does he think that all those who seek marriage rights for gays are white?
More selective trash from a far right "family" group.
Trefor Heywood
"Cymru Am Byth!"
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excathedra
i'm still trying to figure out two people vs. a person
?
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LG
I have a brother who is homosexual. Each of us is treated exactly the same by the laws of my State and of the United States, including marriage laws. Any person I can marry, he can marry. Any person I cannot marry, he cannot marry. Any crime for which either of us could be charged, the other could too. Any tort for which either of us could be liable, the other could too. Every right either of us has, the other does too. Neither of us is denied the equal protection of the laws.
In every State, exactly the same conditions for marriage apply to every person, without regard to sexual attraction/preference/orientation. Any legally responsible single person who is free from certain diseases may marry any legally responsible single person of the opposite gender who is free from the same diseases, unless that person is within a certain degree of consanguinity (relationship). Sexual orientation/preference/attraction is not even a consideration. The laws apply equally to every person, so no State is denying any person in its jurisdiction the equal protection of the laws. If a State were to exclude a person from marriage because of homosexuality (orientation/preference), then that State would be denying that person the equal protection of the laws. No State does that. Not only can homosexuals marry, many do. (BTW, I use "homosexuals" generically, including lesbians.)
All of the above dealt with "persons", as individuals, just like the Constitution does. Now I'll get into "two people" or "couple" (also applicable to other small groups).
Under the Constitution, I have individual rights and you have the same individual rights. Other than individual rights, there are no constitutional rights, except those of "the people" as a whole. For any other group, there are no rights of the group, but rather, rights of the individuals in the group. Mark's examples of classes were similar to classes in class action lawsuits, in which each member of the class has the same grievance. No "class rights" were violated. Rather, the individual rights of each member of the class were violated.
Similarly, regarding equal protection of the laws, that is guaranteed to individuals, not groups. All sorts of different groups are treated differently by the laws. Partnerships are treated differently than for-profit corporations, which are treated differently than non-profit corporations. Political action committees are treated differently than trade unions. The individuals in those groups are treated equally by the laws. The groups themselves are not. That is appropriate, and perfectly constitutional.
If you'll notice, arguments that marriage laws violate constitutional equal protection provisions always focus on small groups of people (usually "two people" or "couple"), rather than individuals. It is true that a male-male group or a female-female group is treated differently than a male-female group, but that is not unconstitutional unless an individual in one group is treated differently by the law than an individual in another group. As shown above, each individual in each of the three groups is treated exactly the same by existing marriage laws, so the laws do not deny any individual the equal protection of the laws.
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krys
Let's give everyone who wants to "get married" a licence for Civil Union only. No matter what gender they are or aren't.
Let them live as spouses for a while. IF they have maintained a monagomous, functional unit for, perhaps 10 years.....THEN let them get married....regardless of gender. I really don't think "youngsters from 18 - 23 or so) really have any idea what marriage really is!
My statement is not only an attempt to lighten up (needed for me...maybe not for you). Given the divorce rate today....this may work out. Let the spouses share health and legal benefits for that time. If the couples, regardless of gender, survive and are willing to remain so for life...then let them be "married".
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Ginger Tea
Clever theo but...
That would open doors for the moral police ~ lol...too.
See, in this country...brides and grooms can marry, then divorce, remarry themselves or someone new, divorce, and also live with someone and not be married and have kids...but religiously, that's living in sin after the first marriage, right? (get the moral police!)
You can marry and divorce as much as you can afford to...or keep up with...have children with multiple fathers and mothers (all not from the same originating parent union) like 'yours, mine and ours' in a marriage, and you can be common-law (also living in sin to the religious).
We have various types of relationships resulting in marriage for the first time...up until the last time.
Is marriage permanent anymore?
My answer is no...unless a couple is wiling to honour their commitment for a lifetime.
Second marriage is practicaly the norm in some places, among growing numbers of people.
This is all acceptable by society as the right of individuals to choose.
In this instance, monagamous heterosexual unions are doable but our society has a track record of being slow to wrap around the social norm/behavior.
It wasn't too long ago women couldn't vote, afro-americans couldn't ride, and teachers were held accountable for their private lives down to a glass of wine lest their flagrant immoral behavior cost them their job and dignity.
It's pretty abstract nowadays ~ this marriage thing!
A couple can be married by non-clergy who purchased a license out of the back of a magazine too.
People are always pushing the envelope of societal norms.
What was socially acceptable several decades ago is now passe` and what was unacceptable then, is now common practice in some instances.
People are having children at 40 something and some are marrying for the first time, after they have solidified their careers.
What is the family goodness-wholesome marriage model the W.H. is promoting?
Has it all but vacated the social system we lived in decades ago?
We know people in their original marriages but chances are, we know even more people who are happier in their second...or third marriage.
Who's dream are we living, promoting and legislating?
It doesn't seem to me to be the current, common situation anyway.
If it's families we want to preserve, are we a little late?
Or will the judicial system have to provide the means of keeping families together?
What if it's against the will of a participant in a marriage?
Who's to say, with marriage evolving like everything else...what is the ideal, yet doable, realistic expectation to have with such a personal choice?
King Henry built a new religion to get what he wanted...after all...some folks just use arsenic.
I'm not..lol..promoting anything here, just commentary.
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Trefor Heywood
I'm away for the weekend so will have to be quick:
Long Gone:
That's the nub of the argument. Opposite gender only which means that people who wish to marry the same gender are being discriminated against. The fact remains that there are a group of people who do not wish to take up the opportunity offered them for the very reason that their love object is not of the opposite gender. Removing this would enable marriage to gender of choice - your brother might then take this up, you would probably not, but the opportunity is still there then without discrimination.
Trefor Heywood
"Cymru Am Byth!"
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excathedra
long gone thank you for taking the time
(on the other thread too)
?
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LG
Trefor,
I'm discussing the constitution, not what someone may wish or choose. Persons are guaranteed the equal protection of the laws. Wishes and choices are not. If you are suggesting that the Constitution requires that all wishes or choices be equally treated, or that laws should treat all wishes or choices equally, that is ludicrous.
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