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#27 Jul 09 2009 at 1:05 AM Rating: Decent
Pensive wrote:
Mass isn't prohibited from enacting legislation that identically emulates federal benefits right? It's not a states rights issue and it shouldn't be one; a federal mandate is the only just solution.
I see this degenerating into the 1040-MA form, which is only used in Massachusetts to pay your federal taxes if you're gay and married.
#28 Jul 09 2009 at 6:02 AM Rating: Decent
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I kind of agree with him though (of course my judgment is the opposite.)

Mass isn't prohibited from enacting legislation that identically emulates federal benefits right? It's not a states rights issue and it shouldn't be one; a federal mandate is the only just solution.


I didn't say I thought they'd win. My initial reaction is ... probably not. But it is the 10th Amendment argument they are making, so whether or not you see it is a States' rights issue, Massachusetts is making it a States' rights issue.

What's really cool about it for me, intellectually, is that it muddies the conservative/liberal waters. Conservative and liberal justices may find themselves pulled in a direction they might not have expected because it's an argument appealing to conservative values to achieve a liberal result. I'm looking forward to reading the arguments and the opinion.

Edited, Jul 9th 2009 10:02am by Ahkuraj
#29 Jul 09 2009 at 6:16 AM Rating: Decent
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Not sure if it's a game ruiner, specially if Nexa's Maine heartstrings have all been severed, but I heard today that Family Coalition, or whatever they're calling themselves these days, has successfully collected the 50k signatures needed to bring the recently signed Maine's Equality in Marriage law to a peoples vote in November.

This has not yet been verified.
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#30 Jul 09 2009 at 6:21 AM Rating: Decent
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gbaji wrote:
Ahkuraj wrote:
Wow. A States' rights argument coming from Massachusetts! Fascinating.


Except that it's not a state's rights issue. They're demanding that their citizens qualify for federal benefits because their state laws say they should get them. A state's rights issue would be if the federal laws prohibited the states from granting their own benefits to their citizens based on their own criteria, which is not what's at stake here.
This is some heavy bull.

Bottom line - Marriage is governed by the states. These federal marriage benefits gbaji spouts about are non-existant. Anyone who's spent anytime being married can tell you that more often than not, the feds penalize married people.

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#31 Jul 09 2009 at 3:04 PM Rating: Decent
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Elinda wrote:
Not sure if it's a game ruiner, specially if Nexa's Maine heartstrings have all been severed, but I heard today that Family Coalition, or whatever they're calling themselves these days, has successfully collected the 50k signatures needed to bring the recently signed Maine's Equality in Marriage law to a peoples vote in November.

This has not yet been verified.


We never anticipated that they wouldn't. We've been planning for November since last fall.

Nexa
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#32 Jul 09 2009 at 3:55 PM Rating: Decent
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Smasharoo wrote:
We never anticipated that they wouldn't. We've been planning for November since last fall.

Nexa


Quote:
Smasharoo


Quote:
Nexa


Oh ****. They've become as one.
#33 Jul 09 2009 at 4:06 PM Rating: Excellent
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...into Smexa.

Nexaroo?

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#34 Jul 09 2009 at 7:10 PM Rating: Decent
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Elinda wrote:
gbaji wrote:
Ahkuraj wrote:
Wow. A States' rights argument coming from Massachusetts! Fascinating.


Except that it's not a state's rights issue. They're demanding that their citizens qualify for federal benefits because their state laws say they should get them. A state's rights issue would be if the federal laws prohibited the states from granting their own benefits to their citizens based on their own criteria, which is not what's at stake here.
This is some heavy bull.

Bottom line - Marriage is governed by the states. These federal marriage benefits gbaji spouts about are non-existant. Anyone who's spent anytime being married can tell you that more often than not, the feds penalize married people.


Did you read the article? The entire lawsuit is directed at federal benefits which are being denied to same sex couples in Mass:

The article in the OP wrote:

The lawsuit argues that DOMA, which was enacted in 1996, precludes same-sex spouses from a wide range of protections, including federal income tax credits, employment and retirement benefits, health insurance coverage, and Social Security payments.

The defendants named in the lawsuit include the US Department of Health and Human Services, the US Department of Veterans Affairs, and the United States itself.


All of those agencies are federal agencies. All of those benefits are granted by the federal government. You know, the ones you say are "non-existent". If they're so non-existent and unimportant, then why is this lawsuit arguing that it's wrong for them to be denied them?


If they were talking about state granted benefits rather than federal, then they'd be suing the state, not the federal government. This is not about the "status" of marriage. It's not about social acceptance. It is absolutely and purely about federal benefit granted to a couple for qualifying for the legal status of marriage.

In other words, exactly what I've been arguing of and on was the key "fight" over gay marriage all along. To which most of you have insisted that it's not about those benefits. They aren't important. No one really cares about it. It's about "freedom" and "social acceptance", and all that other stuff.

No. It's about demanding that they receive federal benefits. In this particular case, it's about demanding that the citizens of every other state in the union, who do not live in Mass, and who did not vote to change the criteria for said benefits be forced to pay for them for the citizens of Mass anyway.

Look. If Mass wants to extend those benefits to gay couples, that's great. It's their right. And it's not being denied to them. But it's their choice to pay for it on their own. Demanding the federal government to do so is not only silly, but unfair to everyone else as well...


It would be like a state legally changing the definition of "interstate" to include local surface streets and then insisting that federal tax dollars earmarked for interstate highway construction be used to pay for those streets. It's pretty obvious to everyone that this is absurd. Yet, when it's a contentious social issue at hand, people's normal tendency for wielding common sense seems to fly out the window...


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#35 Jul 10 2009 at 5:52 AM Rating: Decent
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Gbaji wrote:
Stuff


I agree somewhat. I think the real weakness in Massachusett's argument is that Congress is entitled to define the meaning of words it uses, for purposes of the laws passed by Congress, and especially in the realm of federal taxation and federal spending. And DOMA doesn't intrude on the States' powers.

DOMA wrote:
In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word `marriage' means (...)


I think a flaw in DOMA is that -- IMO -- it violates the separation of powers when it defines terms used in rulings, regulations and orders enacted by administrative agencies in the Executive Branch. This is the function of the executive agency in question, subject to judicial challenge. I think this part of the law steps over the line into usurping executive and judicial powers.

Unfortunately, even if I were correct, it probably wouldn't help same sex couples much.
#36 Jul 10 2009 at 6:00 AM Rating: Good
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...into Smexa.

Nexaroo?



Smexa sounds like a medication to treat a yeast infection.
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#37 Jul 10 2009 at 6:09 AM Rating: Decent
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gbaji wrote:
Elinda wrote:
gbaji wrote:
[quote=Ahkuraj]Wow. A States' rights argument coming from Massachusetts! Fascinating.


Except that it's not a state's rights issue. They're demanding that their citizens qualify for federal benefits because their state laws say they should get them. A state's rights issue would be if the federal laws prohibited the states from granting their own benefits to their citizens based on their own criteria, which is not what's at stake here.
This is some heavy bull.

Bottom line - Marriage is governed by the states. These federal marriage benefits gbaji spouts about are non-existant. Anyone who's spent anytime being married can tell you that more often than not, the feds penalize married people.


Did you read the article? The entire lawsuit is directed at federal No.


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#38 Jul 10 2009 at 6:09 AM Rating: Decent
I really don't think we should get in to what Smexa sounds like.
#39 Jul 10 2009 at 6:13 AM Rating: Decent
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Smexa sounds like a medication to treat a yeast infection.


Sounds like a bad **** star name..

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To which most of you have insisted that it's not about those benefits. They aren't important. No one really cares about it. It's about "freedom" and "social acceptance", and all that other stuff.


Really? Who insists this?

It is about freedom and social acceptance. Part of freedom and social acceptance is in having those benefits given to you. They aren't in any way contradictory or exclusive.
#40gbaji, Posted: Jul 10 2009 at 12:40 PM, Rating: Sub-Default, (Expand Post) Neither is baseball and hotdogs. But that does not mean that you cannot do one without the other. For someone who prides himself on logic, you get the whole logic-circle thing wrong an awful lot...
#41 Jul 10 2009 at 12:42 PM Rating: Excellent
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Just like Tinkerbelle, yep.

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#42 Jul 10 2009 at 6:42 PM Rating: Decent
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Last bit before I'm out for the weekend:

Ahkuraj wrote:
I think a flaw in DOMA is that -- IMO -- it violates the separation of powers when it defines terms used in rulings, regulations and orders enacted by administrative agencies in the Executive Branch. This is the function of the executive agency in question, subject to judicial challenge. I think this part of the law steps over the line into usurping executive and judicial powers.


That's not actually how our system of checks and balances works though. The legislative branch writes the laws. Period. The executive branch has freedom to operate, but must do so within the confines of those laws. And has veto power. The judicial branch has the power to rule on the laws as it pertains to the Constitution (in this context anyway).

Thus, all three branches have some say in the creation, interpretation, and implementation of laws. It's not a violation of separation of powers because the executive had the chance to veto it and the judiciary has the chance to rule it unconstitutional. It's not like congress gets to just make up rules for the executive branch to follow. The president and his cabinet makes up their own rules. They just can't violate a law passed by Congress.


It would be a violation of our system of checks and balances if congress had *no* power to tell the executive what it could and could not do. The trick is that it has to actually write a binding law and vote on it. The president can just write an executive order, but it only affects his own branch of government. There's nothing wrong with this.
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#43 Jul 10 2009 at 10:19 PM Rating: Good
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I'm not going to be ***** to go back through the last half dozen threads about gay marriage and quote for you all the times many many posters have insisted that the fight for gay marriage has nothing at all to do with gaining benefits.


Well it's not like I actually expected you to present evidence or anything that your whiny persecution complex had some merit to it. It is, as usual, up to everyone else to prove that elephants are not pink.

Quote:
Once you believe that, then you essentially put the government in a position of power to determine what freedom and social acceptance you possess.


Yes, demanding that I get things from the government sure does strengthen their control over my life much more than capitulating with their outdated social and economic constructions. In no way does that capitulation make me a submissive little ***** convincing myself that I'm free by telling myself Orwellian lies, all while being excluded from normal society which does not legitimize my behavior, not in the slightest.

Quote:
For someone who prides himself on logic, you get the whole logic-circle thing wrong an awful lot...


Don't even start this ****. Neither do I pride myself on my ability to do logic, nor do you have any ******* clue what a circular application of it is.
#44 Jul 11 2009 at 6:13 AM Rating: Excellent
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No. It's not. And the fact that you (and most posters here) don't understand why is one of the most frustrating aspects of debating politics on this board.


There isn't anyone who doesn't understand your factually false argument. We all understand you're provably incorrect point. I think you'd be wise to consider that perhaps your frustration stems more from how trivial it is for everyone else to recognize this and their complete lack of desire to pretend otherwise. It's not "frustrating" and there is no lack of "understanding".

You are wrong, by any possible measure. You are wrong in terms of law, you are wrong in terms of ethics, you are wrong in terms of logic, you are wrong, even, and this is the most amusing part, in your understanding of the libertarian argument against the expansion of government benefits to a new demographic.

While everyone understands your point, you are the sole human being on the planet who finds any veracity or value in it whatsoever. Perhaps your frustration really stems from this? Perhaps, just perhaps, you find it somewhat frustrating having this critical thinking learning disability of yours where you simply have no way to determine valid ideas from fantasy.

The good news is that you'll be forever incapable of identifying this as the source of the frustration, so you'll be able to go on through your life being easily manipulated and used by nearly anyone who cares to. I'll think of you when your health care contributions are taxed in 2010 and how you supported every position that led directly to it. Then I'll laugh.

Have a good weekend.



Edited, Jul 11th 2009 10:14am by Smasharoo
____________________________
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.

#45 Jul 13 2009 at 6:14 AM Rating: Good
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Gbaji wrote:
That's not actually how our system of checks and balances works though. The legislative branch writes the laws. Period. The executive branch has freedom to operate, but must do so within the confines of those laws. And has veto power. The judicial branch has the power to rule on the laws as it pertains to the Constitution (in this context anyway).

Thus, all three branches have some say in the creation, interpretation, and implementation of laws. It's not a violation of separation of powers because the executive had the chance to veto it and the judiciary has the chance to rule it unconstitutional. It's not like congress gets to just make up rules for the executive branch to follow. The president and his cabinet makes up their own rules. They just can't violate a law passed by Congress.


It would be a violation of our system of checks and balances if congress had *no* power to tell the executive what it could and could not do. The trick is that it has to actually write a binding law and vote on it. The president can just write an executive order, but it only affects his own branch of government. There's nothing wrong with this.


I'll apologize to Samira, first, that this reply is going to be pompous. That said ...

Gbaji,
I suppose you could have accepted that I agreed with you. Instead you're going to disagree on a point that doesn't even help same sex couples if it's true.

I'm sorry that you appear to have no understanding of how the Separation of Powers plays out in this country. There's so much wrong with the paragraphs above that I can't begin to address them all. So I'll stick to the main point ... a law can be held to be unconstitutional if it violates the Separation of Powers imbedded in the constitution (the opening sentences of each of Articles One, Two, and Three).

Quote:
The legislative branch writes the laws. Period.


yes, but ... I wasn't talking about laws, I was talking about executive orders and rules promulgated by executive administrative agencies. The problem is with the wording of DOMA. Congress could have accomplished what it was trying to accomplish with wording that would have been well within its power to make laws. Instead, in effect, it rewrote administrative regulations.

There is a difference. For example, the tax regulations are established by the IRS. The tax regulations have to comply with tax law. When Congress changes tax law, the IRS has to change the regulations to comply. But that's different from saying Congress can rewrite the regulations. It can't. (And you can see why I said it wouldn't really help SS couples if I were correct, because it's easily fixed).


Edited, Jul 13th 2009 10:43am by Ahkuraj
#46 Jul 13 2009 at 6:36 AM Rating: Excellent
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Pomposity in responding to Gbajism is no crime.

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#47 Jul 13 2009 at 4:14 PM Rating: Default
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Pensive wrote:
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I'm not going to be ***** to go back through the last half dozen threads about gay marriage and quote for you all the times many many posters have insisted that the fight for gay marriage has nothing at all to do with gaining benefits.


Well it's not like I actually expected you to present evidence or anything that your whiny persecution complex had some merit to it. It is, as usual, up to everyone else to prove that elephants are not pink.


The evidence is readily available though. Why do you think I, on several occasions, had to propose a change to marriage laws which allowed for anyone to marry, but only restricted a half dozen specific government granted benefits to just opposite sex couples? I did that because several people insisted that their position had nothing at all to do with the benefits, necessitating me contriving a solution in which gay couples gain everything except a small set of benefits, and then asking them if they'd support that.

Of course, in every case, the other person said that it would still be discriminatory and unfair. My point is that people insist that it's not about the benefits until you actually force them to make a choice in which only the benefits are at stake. Then, and only then, do they still oppose it. Oddly though, when you talk about the benefits just a little while later, they'll still repeat their insistence that they're not fighting for the benefits...

Sigh. It's self-delusion on a grand scale I suppose.

Quote:
Yes, demanding that I get things from the government sure does strengthen their control over my life much more than capitulating with their outdated social and economic constructions.


Of course it does. Because you have to support someone politically in the process of "demanding" those benefits, don't you? And once you have those benefits, you'll have to continue supporting whomever takes the "keep these benefits" position, wont you?

More relevantly though, believing that the only way to gain social acceptance is by obtaining a set of government benefits absolutely gives the government power over you. I'm surprised that you can't see this...

Quote:
In no way does that capitulation make me a submissive little ***** convincing myself that I'm free by telling myself Orwellian lies, all while being excluded from normal society which does not legitimize my behavior, not in the slightest.


What is "normal society"? Is that "goodthink"? What's wrong with your statement is not that you desire to be "part of normal society", but that you believe that the only way to achieve this is via government intervention. That's the part that makes you a puppet.

Quote:
Don't even start this sh*t. Neither do I pride myself on my ability to do logic, nor do you have any @#%^ing clue what a circular application of it is.



How about you do something unique like acknowledge that your previous statement was fallacious and move on? Just a thought...
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#48 Jul 13 2009 at 9:03 PM Rating: Good
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Of course they should get benefits, you twit. That doesn't mean that is the primary reason or focus. But go on with your little fantasy world, with your "Obvious" truths that you are so smart to see. If you ever want to actually address the real world, instead of your mishmash of misdirection and fantasy let me know.
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#49 Jul 14 2009 at 12:58 AM Rating: Decent
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I did that because several people insisted that their position had nothing at all to do with the benefits


Or that you thought that they insisted.

Where are they? Who? Do I even care about their opinions? Is it a poster I respect or think does poor arguments? Is it me? Are they whining, making a cogent argument, or a mix of both? It is, entirely possible, you know, that you could link an occurance of this happening and I would say something like: "Well gbaji, you have made a good point here and there is definitely some hypocrisy inherent in those particular posters' arguments." And you could actually make a point that I won't laugh at as entirely from your imagination.

Quote:
Of course it does.


Nope. Different concept of freedom.

And my concept's dad can beat up your concept's dad, so we can ether throw polisci and phil of law and ethics people at each other like name-drop grenades, or we can agree to disagree.

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but that you believe that the only way to achieve this is via government intervention. That's the part that makes you a puppet.


No, gbaji, it is the easiest and most peaceful and most respectful of human life way of achieving my integration into (normal) society. The alternate way is a bloody revolution, which would probably not get me what I want, nor would it be particularly happy for the current "normal" society. There is no third option. States rights are a microcosm of a federal government, with all of the exact same problems, except reduced in scale. I guess there is a possible third option, which would be to start a commune.
Quote:

How about you do something unique like acknowledge that your previous statement was fallacious and move on? Just a thought...


That freedom is linked with the benefits of the government?

Well it certainly isn't circular. It's not fallacious at all in any case, because simple opinions like that can't be fallacious. It's a ******* opinion. I believe that it derives frm equal rights under the law.
#50 Jul 14 2009 at 4:50 AM Rating: Decent
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Hay guise, did you know marriage was created and has it's benefits to promote the grown and stuffs of couples who can naturally produce children?

I'll go get Alma.
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#51 Jul 14 2009 at 6:13 AM Rating: Decent
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YAY! A continuation thread, but in the asylum this time.
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