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Calif court upholds Prop 8...sortaFollow

#102 May 28 2009 at 4:35 PM Rating: Decent
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Sigh. The "I replied and he just ignored it" post. Again...

Jophiel wrote:
Gbaji's retort consisted of stating that:
(A) Some of those benefits made it easier to raise children, therefore we must assume that they exist for the primary purpose of being an incentive to get married prior to having children -- regardless of a lack of direct evidence supporting this. The evidence of conjecture suffices.


Yes. As in "There's no reason to grant these benefits to anyone other than based on an assumption of child production". My problem with your "responses" is that you basically just repeat cases I've already discussed over and over. When I spend a half dozen posts explaining in detail how a set of benefits only make sense if used as an incentive/benefit for couples who might produce children to get married first, and then ask people for alternative explanations, it's more than a little bit annoying when you just ignore all that I wrote and repeat broad arguments like "well, some of those things will benefit people who wont have children". Um... For the umpteenth time, all benefits will benefit anyone who receives them. My question was why the state would gain by providing them, and what reason it has for doing so.

Simply repeating points I've already answered without adding anything new isn't a response. It's just mindless repetition.

Quote:
(B) The Fifth Amendment's original catalyst is insignificant. Curiously, since I don't think that Gbaji is saying that the Fifth Amendment itself is unimportant, Gbaji seems to be stating we don't need to hold to the historical purposes of a marital benefit if they are currently obsolete.


I have repeatedly stated that this is the one sole "right" granted by marriage, and is the one legitimate argument for the gay marriage case. I have commented that the impact of this is pretty small (how often does this really come up?), *and* have observed that it's interesting that while this is the one actual right in question, I have never in my life heard a gay marriage advocate actually argue the case for gay marriage for this reason.

Heck. I'm usually the first one in a thread to mention it. Cause I try to be fair and honest with my arguments...


I'll also point out that in my post above (and in a couple of earlier threads), I proposed an alternative in which the legal status is granted but just a small set of financial benefits is restricted to just married couples consisting of one man and one women. You'll note that the Fifth Amendment is not on that list. I'm perfectly ok with extending this to gay spouses. Never have argued anything else. So how about not making it seem like I've argued otherwise? It's dishonest of you. Grossly dishonest.


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(C) Many of these benefits can be gained via other routes. This is irrelevent to determining why those reasons exist but it was his reply to the second half of the portion I quoted.


It's not irrelevant Joph. Not even a little bit. If the argument is that gay couples are being "denied" access to a specific set of things, then it's very very relevant to point out that they can already obtain them without needing to change a single thing about marriage.

If you are arguing that by not changing the requirements for marriage in the state of California to include gay couples, you are denying them the ability to visit their spouse in the hospital, or make medical decisions about them, you are outright lying. And yeah. That's pretty darn significant to point out. Most of the gay marriage argument is based on just plain false statements.

No gay couple is denied visitation of their spouse. They just have to obtain the proper power of attorney. Just as straight couples do. The fact that straight couples can do this via the process of marriage does not change the fact that it is no more or less available to any other two people. You do not need to be married to gain that power, thus you are not denied it if you aren't able to marry. I'm not sure how I can be any more clear than this.


This is just another example of you repeating claims I've already clearly debunked without actually addressing the points I made at all. That's what's so annoying when you keep doing this. Just saying "your wrong" doesn't make it so. You could at least acknowledge that I have already spent quite a bit of time discussing the very aspect of this issue you've just blindly ignored. Just a thought.


Quote:
Gbaji seems intent on demanding that we agree that every benefit evolved from the prime motive of getting people to wed before having children.


And yet, you *still* have not produced an alternative explanation. Remember. I'm not asking you why the recipient might benefit from those things. I'm asking you why the state and/or society as a whole benefits from granting them. You keep twisting this backwards (and not just you). Your whole "women running around with shopping carts" counter is a good example of this. Sure. She's better off. But so would anyone else who we choose to help out as well. You don't address the reason why we'd do this specifically for "marriage", but not anything/anyone else.

My argument is that if a married couple has children, one spouse typically stays at home and cares for the children. Thus, that spouse's career is put on hold. The whole issue with allowing both to draw on eachothers pensions, social security, etc is to account for this fact. Take away the assumption of children, and there is no more reason to assume that a spouse would be less able to care for him/herself in their old age than any other single person, right?


That was my argument. Your counter doesn't address it at all. Hence why I keep saying you aren't providing an alternative explanation. If there is no assumption of child production and care involved in marriage, then why do we do those things? "It help them out" isn't a good answer Joph...
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#103 May 28 2009 at 4:46 PM Rating: Good
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MDenham wrote:


So should we disallow black marriage?


Don't tempt Virus...
#104 May 28 2009 at 4:53 PM Rating: Good
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So if the whole taxation issue with marriage is to produce more taxable citizens (i.e. Babies) then why don't we offer tax breaks to immigrants?



Edit - Before you go off on a 14-page epic that I don't want to read, I'm trolling.


Edited, May 28th 2009 7:01pm by baelnic
#105 May 28 2009 at 5:16 PM Rating: Decent
Ambrya wrote:
MDenham wrote:
So should we disallow black marriage?


Don't tempt Virus...
If he could come up with an answer that doesn't either make him look like an idiot or get him banned, I'd be mildly impressed.
#106 May 28 2009 at 5:17 PM Rating: Excellent
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gbaji wrote:
If there is no assumption of child production and care involved in marriage, then why do we do those things?
I'll postulate that our current code derives from a potpourri of motivations including theology, tradition, social welfare, property rights, Enlightenment ideals regarding liberty and equality and, yes, even child welfare

I'll postulate that our current code derives from a potpourri of motivations including theology, tradition, social welfare, property rights, Enlightenment ideals regarding liberty and equality and, yes, even child welfare

I'll postulate that our current code derives from a potpourri of motivations including theology, tradition, social welfare, property rights, Enlightenment ideals regarding liberty and equality and, yes, even child welfare

I'll postulate that our current code derives from a potpourri of motivations including theology, tradition, social welfare, property rights, Enlightenment ideals regarding liberty and equality and, yes, even child welfare

I'll postulate that our current code derives from a potpourri of motivations including theology, tradition, social welfare, property rights, Enlightenment ideals regarding liberty and equality and, yes, even child welfare

I'll postulate that our current code derives from a potpourri of motivations including theology, tradition, social welfare, property rights, Enlightenment ideals regarding liberty and equality and, yes, even child welfare

I'll postulate that our current code derives from a potpourri of motivations including theology, tradition, social welfare, property rights, Enlightenment ideals regarding liberty and equality and, yes, even child welfare

I'll postulate that our current code derives from a potpourri of motivations including theology, tradition, social welfare, property rights, Enlightenment ideals regarding liberty and equality and, yes, even child welfare

I'll postulate that our current code derives from a potpourri of motivations including theology, tradition, social welfare, property rights, Enlightenment ideals regarding liberty and equality and, yes, even child welfare

I'll postulate that our current code derives from a potpourri of motivations including theology, tradition, social welfare, property rights, Enlightenment ideals regarding liberty and equality and, yes, even child welfare

I'll postulate that our current code derives from a potpourri of motivations including theology, tradition, social welfare, property rights, Enlightenment ideals regarding liberty and equality and, yes, even child welfare

I'll postulate that our current code derives from a potpourri of motivations including theology, tradition, social welfare, property rights, Enlightenment ideals regarding liberty and equality and, yes, even child welfare

One of these days it'll sink in.
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Wow. Regular ol' Joph fan club in here.
#107 May 28 2009 at 6:03 PM Rating: Excellent
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Browsing through a history text of women's property rights in Russia & Eastern Europe (including comparisons to Western Europe & Britain), it's interesting how very little children had anything to do with the establishment of marital property & inheritance rights. It's really all an intertwined struggle for equality among the noblewomen (who had sufficent influence to get things changed for their better including female empresses on the Russian throne) and family property rights in regards to estates and making sure that stuff stayed in their family following the dissolution of a marriage through death. Worrying about giving people motivation to get married prior to having kiddies never enters into it. In contrast, at the same time, Western European marital property law was largely constrained to guaranteeing the return of the wife's dowry is the husband died first with the remainder of the estate going to children heirs or to the husband's family. The practice of joint marital property in which the wife would be the immediate heir to the estate wasn't to come until much later and after prolonged debate and protest. Again, tying deeper into notions of sexual and legal equality than child welfare. For a more domestic view, a study of the circumstances and motivations behind the varied Married Woman's Property Acts in both the UK and America is informative.

Not to suggest that our current law is derived from Russian royal law from the eighteenth century, of course. Just a reminder that the law is based on a tangle of different motivations and decisions rather than Gbaji's tunnel vision of "It HAS to be about children. What else IS there?"

Edited, May 28th 2009 9:37pm by Jophiel
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Wow. Regular ol' Joph fan club in here.
#108 May 28 2009 at 6:59 PM Rating: Good
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"Also, 4% are people who ascribe to a homosexual orientation. Alot more people are engaged in same sex sexual activity, including many members of the republican religious right apparently." --Annabelle

So does that fall under the Guy Law that if you eat one **** you're a **** for life? Because sh*t, as much as people around here fellate Smash on a regular basis, this board is chock full of gays-- which would mean this place is not normal typical of the general population. Just sayin'.

Totem

Editted because I hate it when the filter lessens the impact of my brilliant and insightful humor.


Edited, May 28th 2009 11:03pm by Totem
#109 May 28 2009 at 7:14 PM Rating: Good
I'm pretty sure the only one sucking Smash off is himself.

Yeah, he's that big. *infatuated sigh*
#110 May 28 2009 at 7:23 PM Rating: Decent
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Quote:
Sigh. The "I replied and he just ignored it" post. Again...
You could stop ignoring it?

Quote:
My problem with your "responses" is that you basically just repeat cases I've already discussed over and over. When I spend a half dozen posts explaining in detail how a set of benefits only make sense if used as an incentive/benefit for couples who might produce children to get married first, and then ask people for alternative explanations, it's more than a little bit annoying when you just ignore all that I wrote and repeat broad arguments like "well, some of those things will benefit people who wont have children". Um... For the umpteenth time, all benefits will benefit anyone who receives them. My question was why the state would gain by providing them, and what reason it has for doing so.
Seeing as this isn't even close to the counter that's been offered, I guess we're not going to be making progress anytime soon. Sure, that point has been brought up, but usually by someone who hasn't been paying attention to the debate. Sure, it's not a very good point. It's also not the point we're making.

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Heck. I'm usually the first one in a thread to mention it. Cause I try to be fair and honest with my arguments...
Like fox is fair and balanced sure.

Quote:
C is relevent
nope
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#111 May 29 2009 at 5:54 AM Rating: Excellent
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A casual look into the history of pension reform in the United States tells me that legal protections guaranteeing spouses a stake in their partner's pensions did not come about until the mid-1970s and were primarily driven by labor unions. While I won't claim to know the minds of the union officials involved, I would guess that their motivation was driven more by a desire for workers' rights & a notion that property earned on the worker's back should go to his family as opposed to a desire to ensure that young couples got hitched prior to producing rugmonkeys.

Granted, applying multiple motivations to the varied facets of modern law doesn't have quite the panache as demanding that we accept a single motivation for every facet as the primary and none other.
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Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#112 May 29 2009 at 6:14 AM Rating: Excellent
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I'm sorry, but... child production?

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#113 May 29 2009 at 7:14 AM Rating: Excellent
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Samira wrote:
I'm sorry, but... child production?
Obviously marriage laws were written during the Industrial Revolution.
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Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#114 May 29 2009 at 7:19 AM Rating: Decent
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Jophiel wrote:
Samira wrote:
I'm sorry, but... child production?
Obviously marriage laws were written during the Industrial Revolution.
Assembly line sex ftw (conveyor belts are hawt!).


edit cuz someone stole my 'm'.

Edited, May 29th 2009 5:19pm by Elinda
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#115REDACTED, Posted: May 29 2009 at 7:47 AM, Rating: Sub-Default, (Expand Post) Cody,
#116 May 29 2009 at 9:10 AM Rating: Decent
publiusvarus wrote:
Cody,

Quote:
You realize, right, that this is the equivalent of saying that blacks shouldn't be able to marry each other because of their increased risk of producing offspring with sickle cell anemia?


There's a difference between genetics and someones lifestyle choice. A lifestyle choice that has a such high disease rates among itself should raise red flags all over the place. But you go right on comparing the colour of someones skin with the deviant sexual practices of a small group in society.

Don't you find it unusual, or rather usual, that you liberals always seem to be the ones to bring up race.

Edited, May 29th 2009 11:49am by publiusvarus
No, because anyone with half a ******* brain can tell that being gay isn't something you choose, and you shouldn't have to suppress your actions or any of that bull ****. You can't choose to not be black, you can't choose to not be gay; they are equivalent.
#117 May 29 2009 at 9:37 AM Rating: Excellent
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The Codyy of Doom wrote:
publiusvarus wrote:
Cody,

Quote:
You realize, right, that this is the equivalent of saying that blacks shouldn't be able to marry each other because of their increased risk of producing offspring with sickle cell anemia?


There's a difference between genetics and someones lifestyle choice. A lifestyle choice that has a such high disease rates among itself should raise red flags all over the place. But you go right on comparing the colour of someones skin with the deviant sexual practices of a small group in society.

Don't you find it unusual, or rather usual, that you liberals always seem to be the ones to bring up race.

Edited, May 29th 2009 11:49am by publiusvarus
No, because anyone with half a @#%^ing brain can tell that being gay isn't something you choose, and you shouldn't have to suppress your actions or any of that bull sh*t. You can't choose to not be black, you can't choose to not be gay; they are equivalent.


Nah, what Varrus is saying is that gay sex leads to an increased chance of AIDS. So does black sex leading to an increased chance of babies with SCE. And West European Jewish sex can lead to kids with Tay-Sachs. Or sex among old people leads to gonorrhea. Or white people leads to kids with obesity. I think his obvious conclusion then is that anyone can marry, but they can't have sex.

Sounds like a pretty common religious answer.
#118 May 29 2009 at 9:42 AM Rating: Good
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publiusvarus wrote:

Don't you find it unusual, or rather usual, that you liberals always seem to be the ones to bring up race.


Nah, I find it odd that you and folks with your similar mindset don't see racism until someone brings it up*. Here's a good example about Sotomayor. http://www.cnn.com/2009/POLITICS/05/28/ifill.sotomayor/index.html
Quote:
The offending section of the speech is this: "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." This passage inspired Gingrich, former speaker of the House of Representatives and potential 2012 presidential candidate, to call Judge Sotomayor "a Latina racist."

To lift one statement out of Judge Sotomayor's eight-page speech without examining the context and substance of her remarks, is an example of the kind of shoddy character assassination that I suspect will dominate this judicial confirmation process.

...

In the next sentence immediately following the passage above, Judge Sotomayor says, "Let us not forget that wise men like Oliver Wendell Holmes and Justice [Benjamin] Cardozo voted on cases which upheld both sex and race discrimination in our society."

Could she have been referring to Buck v. Bell, the 1927 case in which Justice Holmes -- widely regarded as perhaps the most brilliant justice in the Supreme Court's history -- upheld the state's plan to sterilize Carrie Buck, an 18-year-old white woman, who was accused of being congenitally retarded. Buck's main crime seems to have been the fact that she'd had a child out of wedlock.

In any case, Justice Holmes upheld the sterilization order, emphatically and coldly stating, "three generations of imbeciles is enough." Does anyone seriously believe that a woman, and especially a woman of color "with the richness of her experiences" would not have "reach[ed] a better conclusion " than that adopted by Justice Holmes in 1927?

In fact Buck v. Bell is the perfect example of how a "wise old [white] man" got it wrong in a way that a woman judge or a racial minority most likely would not.


Huh. Go figure. A white justice makes a sexist decision and doesn't get called on it. And Sotomayor actually knew that and spoke about it, fully backing up her previous paragraph.

*Edit: And even then complain about it and say it isn't racism.

Edited, May 29th 2009 1:43pm by LockeColeMA
#119 May 29 2009 at 10:37 AM Rating: Decent
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publiusvarus wrote:
A lifestyle choice that has a such high disease rates among itself


CBD wrote:
Your 70% figure is radically inaccurate using CDC data. The majority of the following number crunching comes from the following tables: http://www.cdc.gov/hiv/topics/surveillance/basic.htm#exposure

16,749 cases out of a total 34,271 cases in 2007 were from MSM. This is 49% of the cases. I'm going to project this 49% to the 468,578 people who are "currently living with AIDS" as of 2007. That gives 224,917 people with AIDS solely from MSM.

The fastest site I found with U.S. population in 2007 is http://www.prb.org/pdf07/07WPDS_Eng.pdf. This gives the U.S. a population of 302 million. 4% of that number is 12,080,000 people.

Out of all gay people given the percentage you chose (by talking about cases of AIDS), approx. 1.08% of them have AIDS.

I'm aware this isn't the best reasoning. In addition, you probably meant to discuss transfer of HIV rather than cases of AIDS. Franky, if you don't care to know the difference, I don't care to do the math for that as well. The point is still there. AIDS and HIV are not running amok among gay people. Very, very few people with respect to the entire U.S. population have AIDS/are infected with HIV. Very, very few gay people with respect to the entire homosexual U.S. population have AIDS/are infected with HIV.

I know it's fun to thrown numbers like 4% and 70% around without having any idea what you're talking about. Unfortunately some simple math and research shows your premise as drastically faulty. Give it up already. Find a different one.


Once more with feeling!
#120 May 29 2009 at 11:00 AM Rating: Default
CBD,

Quote:
AIDS Cases by Transmission Category

Six common transmission categories are male-to-male sexual contact, injection drug use, male-to-male sexual contact and injection drug use, high-risk heterosexual (male-female) contact, mother-to-child (perinatal) transmission, and other (includes blood transfusions and unknown cause).


Notice how regular heterosexual sex isn't considered a transmission category while male to male sexual contact is? High risk heterosexual contact is primarily people who are sleeping with hookers.

So yes homosexuality, specifically male to male, does appear to have a direct connection with the spread of aids.

And this behaviour should not be recognized as anything other than a deviant one by the govn of the people.



#121 May 29 2009 at 11:03 AM Rating: Good
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A. Only religious asshats think homosexuality is a deviant behavior.

B. Being at "high risk" for AIDS is no reason to prevent someone from getting married.

YOU think, in YOUR opinion, that someone other than YOURSELF, doesn't have the right to get married. You've said it only about a million times. We get it, you're a bigot. Shut. The. ****. Up.
#122 May 29 2009 at 11:03 AM Rating: Excellent
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publiusvarus wrote:
Quote:
AIDS Cases by Transmission Category

Six common transmission categories are male-to-male sexual contact, injection drug use, male-to-male sexual contact and injection drug use, high-risk heterosexual (male-female) contact, mother-to-child (perinatal) transmission, and other (includes blood transfusions and unknown cause).
Damn child production people. Someone should stop them from getting married.
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Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#123 May 29 2009 at 11:05 AM Rating: Default
Jopiel,

Quote:
Damn child production people. Someone should stop them from getting married.


You realize the mother had to sleep with someone to get pregnant right?

Again the fist on that list is male to male sex. Apologize away.

#124 May 29 2009 at 11:07 AM Rating: Good
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publiusvarus wrote:
Jopiel,

Quote:
Damn child production people. Someone should stop them from getting married.


You realize the mother had to sleep with someone to get pregnant right?

Again the fist on that list is male to male sex. Apologize away.

So a woman contracting AIDS from a male isn't as icky as a male contracting AIDS from a male?
#125 May 29 2009 at 11:07 AM Rating: Excellent
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publiusvarus wrote:
You realize the mother had to sleep with someone to get pregnant right?
That's probably when she got teh HIV.
Quote:
Again the fist on that list is male to male sex.
I don't think dudes give one another AIDS by fisting.
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Wow. Regular ol' Joph fan club in here.
#126 May 29 2009 at 11:12 AM Rating: Decent
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Varrus, how do you propose that heterosexuals will contract HIV from homosexuals in a large quantity? A large enough quantity that homosexuals will cause significant harm to that part of the population? If they won't, then why not grant the right?

The state isn't under an obligation to protect people from themselves, just others, and you aren't condoning the behavior anymore by allowing marriage than by allowing the sex actions.
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