Jophiel wrote:
Actually, I think Anna was addressing your steadfast assertion that marriage isn't a right. Perez v Sharp states that it is and the same notion was upheld in re Marriage. As I noted, even the dissenting opinions in that case didn't attempt to deny that marriage is a right.
No. I said that the marriage benefits granted/mandated by the state are not "rights". The act of marriage, sans any government benefits, is most definitely a right. But then there's no legislation involved here either. As long as the government doesn't actually make it illegal for two people to exchange marriage vows, there's no right being infringed.
I spent about 3 posts trying to explain the difference. Why don't you go back and read what I've already written many many times?
Quote:
At least have the balls to say "Yes, marriage is a right upheld by the courts but it's a right I feel we should deny to homosexual couples because... [fill in the blank]."
Because that's not my position! Sheesh.
Once again. The issue is conflation of the act of two people marrying, and the benefits the state may grant to them for doing so. The confusion comes from the fact that we happened to name them both the same thing. If the legal status was called "Benefits to qualifying married couples" instead of the shorter "marriage", it would be much easier for many of you to grasp what I'm talking about. The state mandates a set of benefits which are granted to married couples, but those benefits, regardless of the name are not the same as "marriage" (the thing you have a right to do).
Thus. My position is that "marriage" is a right and all people should be able to enter into a state of marriage with the partner of their choice. However, any benefits the state may grant to couples who marry are *not* rights, and may certainly be conditioned based on the specific makeup of the marriage in question.
How many different ways do I have to say the same thing before you understand? See. Some of you keep insisting that you understand, you understand. Really, you do! Yet, I keep getting responses like this that clearly show that you don't actually understand. If you did, you wouldn't keep insisting that I believe that by denying gay couples the state mandated benefits of marriage that I'm denying them a right.
I don't believe that. I've stated repeatedly that this is *not* my position. If you don't believe that the right and the benefits can be separated, then by all means make that argument. But so far, no one actually has. They just keep droning on about how "marriage is a right". And when I explain that that's not what I'm talking about, they just pull up quotes from other people declaring marriage to be a right. All the while missing the whole point. It's not the "marriage" I'm talking about, but the benefits provided by the state.
Edited, Feb 24th 2009 5:16pm by gbaji