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#77 Feb 23 2009 at 9:16 PM Rating: Good
Gbaji wrote:
Grammatical errors aside I have no clue what you were trying to say.


There were no grammatical errors - I left out a word, though. What I'm saying is that your definition of right is not in use anywhere but in your head. Here, let's have a look at Wikipedia, too:

Rights are legal or moral entitlements or permissions.

There you go.

For your information, what you should have done is stated the definition of right you were doing with a few respectable sources (NOT BLOGS) to show that your definition is in common usage.

GuhBadgeE wrote:
And if you don't know which things are rights and which aren't dramatically increases the odds of you spending all your time defending those that aren't, while losing those that are. Just a thought to ponder...


I am. I'm pointing out that the criteria you use to distinguish between a right and a benefit do not work, as no right satisfies them. Do you understand? OK, that's good. The correct response is now to a) accept defeat or b) present an argument showing why I am wrong.

Here's the original stuff, just in case you "forget":

Kavekk wrote:
Gbaji wrote:
Those aren't technically rights. They are powers/authority you posses in specific situations. You don't naturally get to tell doctors what sort of medical procedures to perform on someone else, do you?

There are situations in which your government would violate every one of your basic human rights. I guess they're not rights, either, then, because they do not always apply
.
#78 Feb 23 2009 at 10:10 PM Rating: Excellent
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Baron von Annabella wrote:
Oh and Perez Vs. Sharp also says that marriage is a right and did not have anything to do with the arrest of the two parties but specifically was about the prohibition against granting two people of different races with a marriage license.
Perez v Sharp wrote:
Marriage is thus something more than a civil contract subject to regulation by the state; it is a fundamental right of free men. There can be no prohibition of marriage except for an important social objective and by reasonable means.
[...]
The right to marry is as fundamental as the right to send one's child to a particular school or the right to have offspring.
Crazy talk!!!

Before anyone mentions the obvious, yes the case was in regards to interracial marriage and yes the case mentions the rights of the people involved to procreate (although it doesn't say that their right to marry is contingent upon their making babies). However, there can be no argument that marriage is considered a right by the court and the only question remaining is whether or not we withhold this right from homosexual couples and what justification we use to do so.

The same logic was apparently used in re Marriage Cases by the California Supreme Court last year. Again, there was no question whether or not marriage, in of itself, is a right:
The California Supreme Court wrote:
First, we must determine the nature and scope of the "right to marry" -- a right that past cases establish as one of the fundamental constitutional rights embodied in the California Constitution. Although, as an historical matter, civil marriage and the rights associated with it traditionally have been afforded only to opposite-sex couples, this court's landmark decision 60 years ago in Perez v. Sharp (1948) 32 Cal.2d 711 fn. 4 -- which found that California's statutory provisions prohibiting interracial marriages were inconsistent with the fundamental constitutional right to marry, notwithstanding the circumstance that statutory prohibitions on interracial marriage had existed since the founding of the state -- makes clear that history alone is not invariably an appropriate guide for determining the meaning and scope of this fundamental constitutional guarantee. The decision in Perez, although rendered by a deeply divided court, is a judicial opinion whose legitimacy and constitutional soundness are by now universally recognized.
Even the dissent doesn't attempt to argue that marriage, on its basic level, isn't a fundamental right. Rather it hinges mainly on the classical definition of "marriage" and whether or not the court can redefine it. It also goes into a slippery slope argument where the writer starts rambling about how this means we're all going to get stuck with incestous polygamous marriages Smiley: laugh

Point being though, he doesn't try to say that marriage isn't a fundamental right but rather, in a roundabout way, that homosexual marriage isn't really marriage at all. The second dissent revolves largely around the notion that since homosexuals in CA can receive the same CA benefits via domestic partnership as through marriage, there's no violation of their rights. However, the conversation we're generally having in these time honored threads is regarding the federal government which does not offer such an option, leaving that point fairly moot. Note though that argument hinges directly on what benefits the government gives you and assuring that they are equal. This is how he determines whether or not the rights of homosexuals are being violated. He doesn't stoop to some asinine "Well, you guys can just take vows and it's the exact same thing since state benefits aren't really part of being married, ya know" line of 'reasoning'.

Edited, Feb 24th 2009 12:37am by Jophiel
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#79 Feb 23 2009 at 10:29 PM Rating: Excellent
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gbaji wrote:
Aripyanfar wrote:
If you aren't married in law, by culture and custom you aren't married at all.


Since when?

And for the bonus question, aside from determining inheritance and parental responsibility, when did this ever matter?
Do you see how "the law" portion only matters to heterosexual couples?

...

Rights and benefits are two different things.

Honestly, this is probably the single most fundamentally misunderstood concept in modern socio-political thought. And that lack of understanding causes massive confusion and mis-application of law when it comes to issues like gay marriage. I keep hoping that maybe if I repeat this enough times, maybe the light will go on in some people's heads and they'll get why so many modern social arguments aren't so much "wrong" as just mis-phrased.

Denying a group of people benefits is not the same as denying them rights. Even after I've painstakingly explained how the only thing being denied to gay couples is the benefits, you continue to respond with talks about rights. Would you please just stop and comprehend what I've written? Pretty please? :)


I read the rest but I have to stop right there. No matter how great you are of a person, and how knowledgeable of your own fields, and no matter that you can quote the Laws of Hammurabi, you have betrayed such a fundamental lack of understanding of the entire social construct and reality that people have lived in the past.

If you have no correct fundamental concept of past living conditions and especially the morés that arose from them, you can have only a superficial understanding of your own present society, culture, and living conditions. It's certainly enough to get by on and function pretty effectively with in the present. But as far as being able to accurately perceive and critically examine your own society and culture, it's insufficient.

If you don't know how something got to be the way it is, you don't know why it is the way that it is, and you can't see all of it.

Marriage always came with socially awarded benefits, as well as rights. Now we've got extra (not new, but extra) financial benefits via the tax and social welfare system as well.

You would like to make a new and modern separation between the rights and tax-and-social-welfare benefits of marriage, depending on the sexual orientation and makeup of the couple entering into it. You want this separation because the marriage of gays breaks your perception of the social contract between you as a taxpayer, and married couples as originators of children who will in future be paying taxes that will support you in old age. Via paying for massive public infrastructure that you will still be enjoying the benefits of, if not directly through an old age pension or health care.

There are several arguments, that I think are very strong solid arguments, against that last paragraph, that I hold in my being. But I truly don't think it's worth wasting your or my time with them. Firstly, I think you are arguing with incomplete data. Secondly, your and my moral constructions and priorities, and your and my conceptions of how an economy functions prosperously, are so far removed from each other that I predict it would take several years of arguing to even have a chance to start affecting each others ideologies.

And I bet you think I'm operating only on ideology and you're operating only on fact.

[10,000 word essay removed on what and why an ideology is, and what facts are, and the physical constraints and possibilities of each human interacting with and operating on facts]

#80 Feb 23 2009 at 11:05 PM Rating: Good
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Quote:
My use of the term "right" is derived from the meaning of liberty, and is specifically designed to focus in on *only* those things which can be called "inalienable" rights. There is no lens which says that the government can put a gag on your face, or tie down your arms, or restrict you from your own labors without due process. We all automatically know it is wrong and offensive for the state to impose itself on us in those ways.


Terrorist. Dirty Terrorist. American citizen, Australian citizen on their own soil, "Rendered", held without charge.

Rendering's fine, oh yes. This isn't a criminal whose guilt or innocence can be ascertained by due process and appropriate punishment meted out. This isn't a Prisoner of War. It's something new we've decided to cook up against all international law, because American policing, security and intelligence agencies are fragmented between far and away too many separate jurisdiction/organisations, are inefficiently funded, and failed once to prevent a spectacular crime.
#81 Feb 24 2009 at 7:15 AM Rating: Good
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Gbaji, your claim that you're only arguing against taxpayer-financed benefits, not trying to prevent same sex couples from marrying is irrelevant -- Prop 8 doesn't say a word about benefits. It tells same sex couples they cannot be married. Prop 8 isn't about financial benefits. It's about a misguided and oppressive moral judgment that same-sex couples can't be allowed to be married.

Gbaji wrote:
I'd also still call that a benefit and not a right, but it's kind of an edge case. You technically can always refuse to testify (you have a right not to speak), but can be punished for it when due process compels you. There's a complex relationship between rights and due process. The fact that the government wont punish you for refusing to testify under a situation where it would normally compel said testimony is technically a benefit of marriage as well.


Sorry, wrong. It's a legal right. First, it's not that the government "won't" punish you for refusing to testify. It's that the government "can't" punish you. More importantly, it's not just the person who is testifying that has a right not to testify. The person they are testifying against (their spouse) has a right to keep confidential the contents of their MARITAL communication to the person testifying.

Example: Spouse 1 is on the stand testifying. Spouse 2 is the defendant in a criminal case. Prosecutor asks Spouse 1 what Spouse 2 said about "X." Spouse 1 wants to testify because he's disgusted by Spouse 2's crime. Spouse 2's defense attorney objects on the grounds that the response would violate the marital privilege. The prosecutor tries to show why this fits into an exception to the marital privilege. The judge sustains the objection and Spouse 1 does not have the chance to answer the question. If Spouse 1 answers anyway, Spouse 2 might get a mistrial ...

Admitting the confidential marital communication violates the defendant's rights. The court's don't throw cases out for denying due process benefits; in fact I've never heard of due process benefits, only due process rights.

With regard to the miscegenation cases (interracial marriages), Wikipedia actually has this correct:

Wikipedia wrote:
The constitutionality of anti-miscegenation laws was upheld by the U.S. Supreme Court in the 1883 case Pace v. Alabama (106 U.S. 583). The Supreme Court ruled that the Alabama anti-miscegenation statute did not violate the Fourteenth Amendment to the United States Constitution. According to the court, both races were treated equally, because whites and blacks were punished in equal measure for breaking the law against interracial marriage and interracial sex. This judgment was overturned in 1967 in the Loving v. Virginia case, where the Supreme Court declared anti-miscegenation laws a violation of the Fourteenth Amendment and therefore unconstitutional.


In Loving v. Virginia, Virginia had argued that the laws didn't discrimate because they treated whites and non-whites equally -- parallel to the argument I've seen from some here that the law denies same-sex marriage to gays and non-gays equally (heh). The Supreme Court rejected the argument.

Supreme Court wrote:
Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."


Where the parallel likely falls short as far as the U.S. Supreme Court goes is that the Court reached this holding because it saw anti-mescegenation laws as designed to maintain White supremacy, which had been defined as denying equal rights to non-Whites. The anti-gay parallel doesn't yet carry the same weight in our society at this point in time. The Supreme Court has not yet held that classification based on sexual orientation will be treated the same constitutionally as classifications based on race (subject to "strict scrutiny").

Fortunately, this specific case isn't about the U.S. Constitution. It's about the California Constitution. The California Supreme Court can find according to its interpretation of California law without reference to the U.S. Supreme Court. And the California Supreme Court has also already said that marriage is a right and that denying same-sex couples the right to marry is unconstituional. The only thing left for them to answer is whether Prop 8 is a legally valid amendment to the California Constitution.

Edited for spelling.

Edited, Feb 24th 2009 10:18am by Ahkuraj
#82 Feb 24 2009 at 7:53 AM Rating: Decent
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I maintain that Gbaji is the internet's most successful troll.
#83 Feb 24 2009 at 7:58 AM Rating: Excellent
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zepoodle wrote:
I maintain that Gbaji is the internet's most successful troll.


I'd actually prefer to believe that.

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#84REDACTED, Posted: Feb 24 2009 at 8:34 AM, Rating: Sub-Default, (Expand Post) Ahkuraj,
#85 Feb 24 2009 at 8:37 AM Rating: Excellent
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What are you raving about? Where did he say the CA Supreme Court could interpret the law outside of California?

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#86 Feb 24 2009 at 8:43 AM Rating: Decent
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1 post, okraboy? Really.
#87REDACTED, Posted: Feb 24 2009 at 8:44 AM, Rating: Sub-Default, (Expand Post) Samy,
#88 Feb 24 2009 at 8:46 AM Rating: Excellent
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It's a state-by-state decision. Isn't that how you want it? Prop 8 has nothing to do with anyone outside California.

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#89REDACTED, Posted: Feb 24 2009 at 8:46 AM, Rating: Sub-Default, (Expand Post) Akhuraj,
#90 Feb 24 2009 at 8:46 AM Rating: Excellent
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Ahkuraj wrote:
1 post, okraboy? Really.


It's varrus, a perennial troll who keeps making socks as he gets banned.

Oh, and he wants terrorists to blow up Chicago.

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#91REDACTED, Posted: Feb 24 2009 at 8:52 AM, Rating: Sub-Default, (Expand Post) Samy,
#92 Feb 24 2009 at 8:56 AM Rating: Excellent
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okraboy wrote:
Samy,

I'd rather Chicago be the target than the more likely oak ridge which puts me in the blast radius. Way to take what I said out of context. And when I said it I was joking. It was more of a if a city gets bombed I hope it's insert city you dislike.

I did happen to watch the history channel profile of the latin kings gang which started in Chicago. So if Chicago were to get hit we could at least be grateful one of the worst gangs in the US would be permanently crippled. Not to mention all those corrupt chicago politicians.



Edited, Feb 24th 2009 11:53am by okraboy
How about just saying "I hope we don't get attacked," you stupid idiotic douchebag.
#93 Feb 24 2009 at 8:57 AM Rating: Decent
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I'm not responding just because I'm a noob, even though I am.

I knew who you were. The significance of the post count? Another new identity for you, yes I get it.

Quote:
When he said authoritativly that it was a right.


The only thing that I said was a right was the right to keep confidential marital communications confidential. Do you disagree?

I quoted the U.S. Supreme Court authoritatively saying marriage is a right. You can argue with them if it makes you happy.

I also observed the CA Supreme Court's authoritative holdings that marriage is a right under CA Constitution and that same-sex marriage was a right under the CA Constitution prior to Prop 8. Again, you can argue with them.
#94REDACTED, Posted: Feb 24 2009 at 8:59 AM, Rating: Sub-Default, (Expand Post) Ash,
#95 Feb 24 2009 at 9:02 AM Rating: Excellent
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okraboy wrote:
Ash,

That goes without saying.
You're right, "Varrus" is synonymous with "Stupid idiotic douchebag" at this point. I needn't say it anymore.
#96REDACTED, Posted: Feb 24 2009 at 9:04 AM, Rating: Sub-Default, (Expand Post) Ahkuraj,
#97REDACTED, Posted: Feb 24 2009 at 9:05 AM, Rating: Sub-Default, (Expand Post) Ash,
#98 Feb 24 2009 at 10:39 AM Rating: Good
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okraboy wrote:
Ahkuraj,

The supreme court was wrong to insert itself in the marriage debate. They overstepped their authority and continue to do so on many other issues.


But you're more than willing to allow a fictional medievel book to dictate your thoughts and actions!

Odd little man you are.
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#99 Feb 24 2009 at 10:45 AM Rating: Excellent
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okraboy wrote:
Ash,

Well at least i'm neither ugly nor poor.


No, just an ignorant bigot.

Poor people can make money. But you'll always be an idiot.
#100 Feb 24 2009 at 10:46 AM Rating: Excellent
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okraboy wrote:
I'd rather Chicago be the target than the more likely oak ridge which puts me in the blast radius. Way to take what I said out of context.
Nah, you only said "As opposed to..." when you furiously backpedaled from your original comment. Which was,
Varrus once wrote:
And I hope they hit a big urban center like chicago this time around.


Look, you hate America and want its citizens killed in a terrorist attack. Admit it, own it. Stop embarassing yourself by crying about how you didn't really mean it. We all know the truth.
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Wow. Regular ol' Joph fan club in here.
#101REDACTED, Posted: Feb 24 2009 at 11:51 AM, Rating: Sub-Default, (Expand Post) Jophed,
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