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#152 Feb 27 2009 at 5:09 PM Rating: Excellent
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gbaji wrote:
Jophiel wrote:
You do, however, have the right to a legally recognized marriage.
No. You don't.
Yes, you do. Better and smarter people than you have said so Smiley: smile

That was easy.
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#153 Feb 27 2009 at 5:22 PM Rating: Default
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Jophiel wrote:
gbaji wrote:
Jophiel wrote:
You do, however, have the right to a legally recognized marriage.
No. You don't.
Yes, you do. Better and smarter people than you have said so


Not better or smarter. Just wrong.


How about arguing without relying on "Some other guy says so!"? Aren't you able to derive your own opinions? If I'm wrong, give me a definition of liberties and rights in which denial of a marriage license is a denial of the right to marry.

Show that *you* are smart Joph. Don't count on others being smart for you...
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#154 Feb 27 2009 at 5:28 PM Rating: Good
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How about arguing without relying on "Some other guy says so!"?


Sure. How about you arguing with an understanding of Law that exceeds that of the average "Cops" viewer? I'm afraid I'm going to have to insist you go first.

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#155 Feb 27 2009 at 5:29 PM Rating: Excellent
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gbaji wrote:
How about arguing without relying on "Some other guy says so!"? Aren't you able to derive your own opinions?
Because, frankly, my opinion on it matters as little as your does. It may be my opinion that, because I didn't like the wait I had when calling Citimortgage that I shouldn't have to pay my bill this month. I might even make up a really smart sounding argument for it. But, come the first of the month, I still have a legal obligation to cut Citimortgage a check.

The courts have decided that marriage is a right. That is a simple statement of fact. I don't have to come up with super-smart arguments for you to try to debate because it doesn't matter. For that matter, there's nothing in it for me (I don't crave your acceptance all that much). No matter what the results are of our little back-and-forth, come midnight, marriage will still be a right recognized by the courts.

So take your huff 'n puff and go try to change the rulings of the courts if you don't want marriage to be a right and want to insist that it really isn't and the courts are just wrong.
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#156 Feb 27 2009 at 5:35 PM Rating: Decent
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Because, frankly, my opinion on it matters as little as your does. It may be my opinion that, because I didn't like the wait I had when calling Citimortgage that I shouldn't have to pay my bill this month. I might even make up a really smart sounding argument for it. But, come the first of the month, I still have a legal obligation to cut Citimortgage a check.


Hey, small world, I'm arbitraging a tiny piece of your house as we speak.

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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#157 Feb 27 2009 at 5:37 PM Rating: Excellent
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Want the part where the ants keep trying to come in? I'll cut you a deal on it.
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#158 Feb 27 2009 at 5:50 PM Rating: Decent
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Want the part where the ants keep trying to come in? I'll cut you a deal on it.


Really, I'd benefit most if you burned it down in some sort of obvious arson that wouldn't be covered by insurance, but I'm not a greedy man, just burn splinter of flooring or something.

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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#159 Feb 27 2009 at 6:44 PM Rating: Default
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Jophiel wrote:
The courts have decided that marriage is a right. That is a simple statement of fact.


Did the courts also decide that the state mandate benefits associated with marriage are also a right? Cause I must have missed that bit.

You see where the problem is, right? You keep playing off the words "marriage is a right", but my argument isn't refuting that. I'm making the observation that the benefits are *not* the same as the marriage itself and are not a right to which everyone is entitled without condition.

If we interpret the decision that "marriage is a right" to mean that the benefits of marriage cannot be denied without also infringing that right, then why can't I file my taxes under the married column? I'd pay nearly half as much if I did, so that would be great.

Doesn't it make far more sense to simply accept that while marriage is a right, the benefits granted by the government can be as conditional as desired? Cause otherwise you end up going down a rabbit hole that can't be defended rationally. Which is more or less where we are right now. I can progress step by step from a basic definition of liberties and rights and defend my position on this issue. You can't. You might want to think about why that is...


Quote:
So take your huff 'n puff and go try to change the rulings of the courts if you don't want marriage to be a right and want to insist that it really isn't and the courts are just wrong.


We did Joph. It's called prop 8. So you can't defend your position using logic and reason *and* you lost on this at the ballot box. Yet you (not just you personally here) continue to cry and complain. Wasn't the whole start of this thread about some tear-jerk video bemoaning the horrible state of those who lost this argument in California?
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#160 Feb 27 2009 at 8:16 PM Rating: Excellent
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gbaji wrote:
Did the courts also decide that the state mandate benefits associated with marriage are also a right? Cause I must have missed that bit.
Yes, they did. Because the court was only interested in legally recognized marriage and legally recognized marriages get you state benefits. Now, if the state stops allowing benefits for legally recognized marriages and someone sues demanding that they have a right to those benefits, you may have a point. Let me know when that happens.
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You see where the problem is, right?
Yeah, you're wrong and you'll contort yourself however possible to avoid admitting it.
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We did Joph. It's called prop 8.
No, Prop 8 denied the right to marry to homosexual couples based on defining legally recognized marriage in CA as between a man and a woman. It did not say that marriage itself isn't a right.

Which is what I've said a few times now and you keep pretending isn't really what you meant. If you think that gays should be denied the right to marriage then just say that. Stop trying in every single way possible to avoid admitting that this is exactly what you're doing. We deny this same right to people closely related by blood, by people we feel are too young, to people trying to marry sixteen partners, etc. But we don't make lame arguments defending those choices by insisting that marriage isn't a right.
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.
There ya go... the ruling upheld the notion of banning marriage in various cases but does not say that prohibiting marriage in those cases negates the basic right of marriage, just that the "important social objective" overrode the "fundamental right".

Edited, Feb 27th 2009 10:29pm by Jophiel
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#161 Feb 27 2009 at 9:04 PM Rating: Excellent
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gbaji wrote:
baelnic wrote:
I love how gbaji still believes that tax incentives are the reason why people procreate.


How on earth did you get that from my post. The tax incentives are the reason people fill out a marriage license and apply for them. They procreate all on their own. The tax incentives are designed to create an incentive for people to get married prior to procreation is all.

And in either case, you don't have a "right" to the tax incentives.

Wrong, the marriage tax "incentives" mostly aren't incentives but are an historical left-over government strategy to deal with realities on the ground, or perceived/assumed realities on the ground. They're from the time when women didn't "do" paid work. Married "men" get reduced taxes because they were presumed to be financially looking after at least one incomeless dependent spouse, and possibly in the future some children. Single "men" were presumed to only be financially looking after themselves.

It's the same rationale that was partially used to justify paying a woman far less for exactly the same job as a fellow male employee. They used to be paid 50%-80% less in the far past. A man was a breadwinner, and his wage automatically presumed to need to cover a wife and children and parents should he have them. A woman was not a breadwinner, she is automatically assumed to be being supported by a husband or father or son, so any work she is doing was automatically presumed to be a little extra pocket-money for herself alone. (The other reason for massively reduced wages was a woman was presumed to be physcially and mentally inferior to men, and thus worth much less to an employer to have around.

Governments assumed there were pretty much always a working male relative to take in any woman, or woman with children. When a census was done in the late 1800s in England, the government was absolutely appalled and flabbergasted with disbelief to discover that 150,000 households were solely funded from the income of one woman in that household, however constituted.)


Now in the present we have old tax laws doing funny things with present realities. These days usually both people in a marriage are working. So they have two incomes and and massive tax breaks compared to a single on a single income. Double income with tax breaks sounds fine to me if they have children, since children are expensive and deserve to be looked after well. Double income with tax breaks when you have no dependent children earlier and later on in the marriage doesn't sound like such a sound idea.
#162 Feb 27 2009 at 9:19 PM Rating: Excellent
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gbaji wrote:
Jophiel wrote:
You do, however, have the right to a legally recognized marriage.


No. You don't. You have a right not to have the government prevent you from marrying. Your failure to grasp the very simple concept that rights are things government promises *not* to infringe is stunning really.


Gbaji wrote:
How about arguing without relying on "Some other guy says so!"? Aren't you able to derive your own opinions? If I'm wrong, give me a definition of liberties and rights in which denial of a marriage license is a denial of the right to marry.


The marriage license makes the marriage. Without the license, you are in a life partnership. A domestic partnership. You are De Factos [in Australia, after two years of cohabitation if you are a hetrosexual couple] You are shacked up. You're boyfriend and girlfriend. You are each other's honeybun, if you're in the Southern US. You're Significant Others. You're a couple. But you're not married.

Lets take two people who go to University and through a Medical course. They do the same classes, read the same texts, attend the same rounds and cut up the same cadavers. They get equal scores in the exams. One of them gets his signed Degree of Doctorate of Medicine from his accredited University and one doesn't for some paperwork/legalistic/bureaucratic reason. The first person is a Medical Doctor. The second isn't. Even though the two people have exactly the same skills and knowledge. The first one is allowed to diagnose illnesses in people, and write precriptions and referrals. The second one is not.

The second one could hold his owm privately organised "graduation ceremony" with friends and family and call himself a doctor, but he just isn't one.

Edited, Feb 28th 2009 12:20am by Aripyanfar
#163 Feb 27 2009 at 9:53 PM Rating: Excellent
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Scenario C: Society wakes up from the Koolade they've been drinking and realize that their relationships do not derive legitimacy from the government, but from themselves. They then realize that it's perfectly ok for the government to create rewards/incentives for groups who form relationships which are massively beneficial to society and drop the silly insistence that all groups must have equal access to the same benefits regardless of situation.


Let me know how a heterosexual relationship that does not raise children is more beneficial to society than a homosexual relationship that does not raise children.

Then let me know how a heterosexual relationship that does raise children is more beneficial to society than a homosexual relationship that does raise children.

If there was some reason, then I could see a reason for determining the benefits based on the orientation of those involved in the relationship. I didn't neglect to take into account the respective situations of the two parties, nor did I say that it wouldn't be OK to reward people for actions that provided general net benefits to society.
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#164 Feb 27 2009 at 10:49 PM Rating: Excellent
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gbaji wrote:
Aripyanfar wrote:
Making a separation between the right of a couple to co-habit (and be called "married" and to be recognised in law by documentation as "married") and all those myriad other benefits would be a new concept, a new action to perform on the act and state of Marriage.
2. I disagree that this is really a "change". I believe that these three things have always been separate (legally speaking at least). It's just that until recently they were always bundled together because the only people who were going out and getting married were the same people who needed the civil contracts and for whom the state benefits made sense. The change, as you pointed out, is that gay couples want to gain this.
I think same-sex married couples or parents would need and deserve state benefits* no less and no more than heterosexual couples or parents.

Gbaji wrote:

It would be no different than if historically the only people who labeled themselves as "handicapped" had real physical handicaps. We might grant them special benefits from the state for being handicapped and commonly refer to both as "being handicapped". But imagine if one day people with green eyes decided to call themselves handicapped? Should they be able to qualify for the same benefits? After all, the reason the benefits were created was to help out people with handicaps, right? If they just say they're handicapped, don't they qualify? And I could argue that they "need" the benefits just as much as blind people. Who are you to deny them their free doggies or whatever? And hey! Green eyed people are a minority too! So you must hate minorities for wanting to deny green eyed people their right to be handicapped...

Absurd? Absolutely. But that's how I see this issue as well.
I don't agree with your analogy. I think it's more like paraplegic people used to qualify for handicaped parking, and now people who have massive difficulty and pain in walking because they have Multiple Sclerosis want to qualify for handicapped parking also.
Gbaji wrote:
It smacks of wanting something just because someone else has it. And while we keep hearing that the benefits aren't the objective, even in a state like California where there is virtually zero difference between Domestic Partnerships and Marriage, the push is still on. Even when all legal differences *except* a small handful of benefits have been removed, it's still being fought for.

That's absurd too. Isn't it?
It isnt' absurd. Especially when there's no logical reason according to contemporary morals to discriminate between gays and straights. What's little to one person isn't little to every person. Different people have different attachments to personal-social-legal symbol/realities.

For me, Marriage means nothing. I live with my partners and plan never to get married. But a Doctoral degree means the world to me. I got my Bachelors, and my grad ceremony was so the best day of my life up until that time that I aquired an entirely new smile, the widest smile that I'd ever had on my face. I had no idea until I got to it how important that day would be to me.

I had my Honours paper topic all planned out so that it would form the first chapter of my Masters paper that would be bumped up into a Doctorate paper. I had it all planned in my head, and my research resources planned. I knew I could do it. I had the intellectual respect of my usual professors and my visiting guest professors. Raymond Gaita and I agreed to disagree, but for a while we were each other's high spot of the week when he came up every Thursday for a Trimester. I got to tell him he had made a fundamental category mistake on an issue that was the basis of the entirety of the latest book he'd recently had published. He got to defend it against me to the rest of the class. I pulled apart his book lecture by lecture and he wound up satisfactorily structuring his lectures by stitching the argument of his book all back together again to his own satisfaction and holding the argument up to us all, in the face of my arguments, criticisms and questions.

Half the class looked green with sick terror the first time I put my hand up and challenged the logic of the man who is one of the most well known, highly regarded and published philosophers in Australia. When I wasn't smote by lightening after the first lecture they eventually joined in. By the end of the lecture series he beamed around at us all and declared he'd rarely met such a bright, interesting bunch of students and he wished he had more like us come though his university.

Then I got sick. So seriously sick it's a perpetual strain on my concentration. I'm deteriorating badly, with no hope of a cure.

And it kills me, I cannot describe enough how much is kills me that I won't ever get my Doctorate. Even though I logically know in my head that I already know enough to qualify for one. That I know how to structure a good one. That if I wasn't sick I have the skills to do proper research and citations. Because other people can't see into my head to see everything I know, or see my intellectual competence when I'm able to think straight. That "symbolic" piece of paper that would make a "small handful of differences" in my life would make all the personal, social difference in the world to me.

It makes me sick to my soul that my family and friends won't have that little bit of extra respect for and be a little extra impressed because I got a Doctorate. It makes me mad that I'm automatically more liked by strangers/acquaintances/friends because I'm small and pretty and fluffy looking, but it also means they automatically discount my intellectual or political arguments more than they usually would. I've been talked over by guys who are trying to make an argument on information that they lack and I posses, and I hate it. Whenever I was feeling a little nervous, or feeling unreasonably intellectually overlooked, I could introduce myself as Dr _______, if I only had the paper.

*state benefits should always be "means-tested" imo.
#165 Feb 28 2009 at 12:16 AM Rating: Excellent
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Gbaji wrote:
Aripyanfar wrote:
Marriage itself is a complex multidimensional entity that affects the behaviour and conditions of the individuals within one, all the people who know them, and all the tiers of government and many private organisations that they interact with or live within.


Again. Nothing is preventing gay couples from marrying. I've said this repeatedly. There is no law prohibiting them from having a marriage ceremony, taking vows, and referring to each other as husband/wife/whatever. There is no law prohibiting them from entering into the exact same set of civil contracts either. The *only* thing they are denied is the government mandated benefits.
I kind of answered these posts of yours backwards, sorry. See prior arguments about Marriage licenses.
Gbaji wrote:
Quote:
I think most proponents of same-sex marriage see the act of making a new separation between rights and benefits of marriage as grossly discriminatory. Because it introduces a two tier system of marriage, one of which isn't as good as the other one. If one system is inferior, then the message is that the people who can only qualify for the inferior system and not the better one are inferior people.


Only if you judge yourself and your relationship purely based on the amount of government benefits you derive. Which I find bizarre...

How is one "inferior" to the other?

Take a paraplegic and an MS sufferer, and say that they are, by different mechanisms, equally disabled when it comes to moving, caring for themselves and their home, cooking food, and being incontinent etc. Now imagine the government will officially recognize the paraplegic as handicapped and give them a pension and benefits for extra care. But they won't extend the same to the MS sufferer. How is that fair? How do you think the MS sufferer feels about how their illness is reguarded, or how they are reguarded as a human being?

Imagine two men made redundant when their employer goes out of business. They both apply for unemployment benefits while looking for a new job. Imagine one gains benefits, but the other one is excluded from the benefits on the basis that he's gay. I find excluding marriage liscences and government marriage benefits on the basis of the couple being same-sex equally as bizarre as these two analogies. I also think the second person in each case is being treated as inferior.
Gbaji wrote:
Again. There's nothing preventing you from calling yourself married.
see Marriage License.
gbaji wrote:
Other than you and a government form you are filling out, how is your marriage "inferior"? I just don't get it.
Obviously.
Gbaji wrote:
Quote:
They probably see it as merely a way for bigoted homophobes to pretend they are granting marriage to same-sex couples, when really they aren't.

I'm sure they do. But there are very real reasons why it makes sense to provide a set of benefits to opposite sex couples who promise to spend their lives together but not to same sex couples who do the same. I've gone over these reasons dozens of times in the past, so I'm not going to repeat them. Do you agree that there is a justification for different benefits?
I utterly and totally disagree with you on this point. It makes no sense morally and it makes no sense economically and no sense logically. Couples living together provide the same benefits to society at large whether they are same or different sex. Same-sex couples are just as likely to wind up with children as heterosexuals because their sexual orientation doesn't impact on whether as individuals they have cravings for children or not. Same sex couples have the same chance of being successful, loving parents as heteros do. IF it was proven that homosexuals significantly do not want children at the same rate as heterosexuals then I'm quite happy for us to adjust marriage benefits so that benefits meant for the good of children kick in for hetero and homosexual parents when they aquire and are looking after a child, not before, and not after. Quite frankly that's how I think it should be done now anyway.
Gbaji wrote:
From a more pragmatic approach. Do we change all the laws which reference the legal status of "marriage" when determining if a given benefit is to be derived? Or do we just provide a civil status that matches everything except those benefits? A change is needed either way. But one is vastly easier than the other.

And I'm quite sure that if the state went through all its laws and changed everything that granted benefits based on being "married" to "married to an opposite sex partner", we'd be getting just as much howling from the gay rights folks, right? Wouldn't they still call it discrimination? Wouldn't they still call it bigoted? So isn't it pretty clear that it's not about what we call it? It's about the benefits. And in the broad sense, it's about using an easily manipulated minority as a sledgehammer to attack conservatives politically.

Since I don't think hetero and same-sex couples should be treated differently in any way shape or form when it comes to the process of getting married, or as to what marriage benefits they get, all of the above is entirely irrelevant to me. All that is needed is that marriage celebrants are told they are permitted to perform the ceremony and sign the document for same-sex couples as well as hetero couples, and that government departments are told that on all their forms a male and a male or a female and a female are legitimate combinations on the forms for couples.
#166 Feb 28 2009 at 12:53 AM Rating: Excellent
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Gbaji wrote:
Follow the logic to it's endpoint. It's pretty obvious that it's not "just" about rights, or "just" about labels. And I'm pretty sure it's not really just about benefits either. In a weird way, I suspect that the cause is just about the cause. It's about sustaining a group of people in a self perceived state of denigration for as long as possible so as to gain as much political mileage as possible. That's just my opinion, but it's the one common bit to all of this. It doesn't seem to matter how much ground conservatives give on this issue, there's always something else that gets fought over, isn't there? At some point, do we realize that it's contrived?

During my lifetime the verb "heating" has changed to "hotting" in Australia. Also, the American practise of dropping the -ly ending off adverbs is spreading everywhere. Thirdly, the American practise of dropping the "The" off the front of proper nouns of inanimate objects is spreading everywhere. All these things grate on my nerves and sh*t me up the wall. But after reading articles on evolving English, I've had to give in and resign myself to evolution in action.

I'm sorry Gbaji. It's not just languages and biological entities that evolve. It's societies and cultures too.

200 years ago conservatives were fighting tooth and nail to hang onto their peasants. Peasants weren't allowed to travel off their lord's land without permission. Peasants weren't allowed to get married without their lord's permission. Peasants weren't allowed to own land. Non land owners weren't allowed to vote. That stopped in England 1836. I'm sorry Gbaji, it's just one damned thing after another.

In America it was indentured servants, it was American Indians, it was slaves, it was women voting, it was female and racial equality. Now it's Gays. You are very right. Homosexual emancipation is the social issue Du Jour. It's ok sweety. It'll actually turn out better than you expect. If you know your history well enough, you know that life now is far more better for the majority of people than it used to be.


Gbaji wrote:
Why do people need the government to validate their relationships?

So that people have a legal leg to stand on when the relationship blows up to hell and things get messy? Secondly, for the same reason that I need a Doctorate. Which isn't very much of a reason to anyone except me.


Edited, Feb 28th 2009 4:02am by Aripyanfar
#167 Feb 28 2009 at 2:22 AM Rating: Good
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Aripyanfar wrote:
If you know your history well enough, you know that life now is far more better for the majority of people than it used to be.


Says the grammatical conservative.
#168 Feb 28 2009 at 2:49 AM Rating: Good
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zepoodle wrote:
Aripyanfar wrote:
If you know your history well enough, you know that life now is far more better for the majority of people than it used to be.


Says the grammatical conservative.


It's really extra more better than it used to be! Smiley: mad
#169 Feb 28 2009 at 2:53 AM Rating: Good
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#170 Feb 28 2009 at 4:16 AM Rating: Excellent
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Even when all legal differences *except* a small handful of benefits have been removed, it's still being fought for.

That's absurd too. Isn't it?


No, it's just a different issue. If people who gave birth to women filled out "***** certificates", them fighting to have this changed to "birth certificates" wouldn't be absurd, even if all benefits conveyed were the same.

There's the issue of equal protection under the law, and then there's the issue of equal standing in society. Neither is necessarily more important, though the first is usually easier to achieve.
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To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

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