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#227 Aug 05 2010 at 4:54 PM Rating: Good
gbaji wrote:
Sigh... No. It's useful to examine other criteria as a means of determining if the criteria which excludes gay couples is specifically targeted at hurting gays, or if it's coincidental to a larger purpose of the law itself. It's also relevant when assessing the "slippery slope" aspect of this issue. If gay couples have a "right" to gain access to those benefits, then why don't all the other excluded groups also have a "right" to them?

The argument for gays getting those benefits is based on the assumption that it violates their rights for them not to. That argument rests on an assumption that marriage benefits themselves are a "fundamental right". And if that is the case, then it should apply to everyone, right?

If you can't make the argument for every single case which is currently excluded, then you have to conclude that those benefits aren't really a "fundamental" or "universal" right. And if that is the case, then they can be restricted without violating the constitution. And if that is true, then we need a better argument for gay couples getting them than just "but it's a right!!!".


Please tell me you understand that?


Not really. If those groups want to get their **** together and wage a campaign to make marriage legal for themselves, they can do so. And we can evaluate it then.

Nice try, though.
#228 Aug 05 2010 at 4:55 PM Rating: Good
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If you can't even noodle out why we have those benefits
Considering your reasoning is entirely unreasoned and has never been backed up by anything, this is hilarious.

Quote:
The argument for gays getting those benefits is based on the assumption that it violates their rights for them not to. That argument rests on an assumption that marriage benefits themselves are a "fundamental right". And if that is the case, then it should apply to everyone, right?
If you're going to give marriage benefits to married people, gays have as much right to them as anyone else. The individual benefits are not fundamental rights. The lack of a distinction is the fundamental right. If all the so called benefits around marriage were removed, it would not violate anyone's fundamental rights. The argument in no way rests on that.

Edited, Aug 5th 2010 5:57pm by Xsarus
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#229 Aug 05 2010 at 4:56 PM Rating: Good
gbaji wrote:
Sigh... No. It's useful to examine other criteria as a means of determining if the criteria which excludes gay couples is specifically targeted at hurting gays, or if it's coincidental to a larger purpose of the law itself. It's also relevant when assessing the "slippery slope" aspect of this issue. If gay couples have a "right" to gain access to those benefits, then why don't all the other excluded groups also have a "right" to them?

The argument for gays getting those benefits is based on the assumption that it violates their rights for them not to. That argument rests on an assumption that marriage benefits themselves are a "fundamental right". And if that is the case, then it should apply to everyone, right?

If you can't make the argument for every single case which is currently excluded, then you have to conclude that those benefits aren't really a "fundamental" or "universal" right. And if that is the case, then they can be restricted without violating the constitution. And if that is true, then we need a better argument for gay couples getting them than just "but it's a right!!!".


Please tell me you understand that?
I understand it fine. Apparently you can't recognize an obviously facetious answer when it bites you in the face, however. Your entire first paragraph, by the way, states essentially what my response was, only without attempting to be funny about it.
#230 Aug 05 2010 at 4:58 PM Rating: Decent
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Sir Xsarus wrote:
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You apparently don't know what a strawman is. Every single one of those criteria is a discriminatory point with regard to the granting of a marriage license. I didn't invent them, they are in the damn law! How the hell can you deny this? Do I have to quote the relevant statute? Or will you continue to bury your head in the sand even then?
They're strawmen because they don't relate to gay marriage.


Huh?! Someone specifically asked for a list of the groups other than gay couples who were being denied access to a state issued marriage license. How the hell can it be a strawman to provide that list?

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You're putting a lot of effort into irrelevant stuff though. I'm not saying you're lying, I'm saying you're bringing up meaningless points to the discussion at hand.


I've explained repeatedly why it's not meaningless. That you have chosen to close your brain off and refuse to even consider any argument other than the most moronically simple ones, isn't my fault.

Quote:
This whole thing started because Alma said my position on what the core of marriage was included tons and tons of new people. You apparently didn't realize this and started listing off all the things that aren't marriage. Great, but I don't care.


Someone asked for a list of other groups who were excluded from obtaining marriage licenses. I answered that question. I'm not sure what you're going on about though...

Quote:
for reference

<irrelevant bit>



That's not what I responded to.
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#231 Aug 05 2010 at 4:59 PM Rating: Good
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close your brain off
Maiaa? Wiseblood? Which one of you it this?
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#232 Aug 05 2010 at 5:01 PM Rating: Excellent
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Gbaji wrote:
Huh?! Someone specifically asked for a list of the groups other than gay couples who were being denied access to a state issued marriage license. How the hell can it be a strawman to provide that list?
No. I specifically asked for groups of people that are now not included in marriage that would be with my explanation of the core of marriage to alma. That's it. Not my problem you didn't bother to read the post. If you care, I quoted the first two above. No one asked for a list of groups that you provided.

Gbaji wrote:
That's not what I responded to.
Yes, it is. You directly quoted me and alma, and this is what we were talking about. The fact that you didn't go and actually read the full posts before is why you went off on this tangent.

I'll ask again. Given my core of marriage explanation, which groups would all of a sudden be included in marriage that are currently excluded?

Edited, Aug 5th 2010 6:04pm by Xsarus
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#233 Aug 05 2010 at 5:02 PM Rating: Good
Has anyone given a reason yet why plural marriage should be disallowed other than the mistaken idea that it encourages orgies?
#234 Aug 05 2010 at 5:05 PM Rating: Decent
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Sir Xsarus wrote:
Quote:
Huh?! Someone specifically asked for a list of the groups other than gay couples who were being denied access to a state issued marriage license. How the hell can it be a strawman to provide that list?
No. I specifically asked for groups of people that are now not included in marriage that would be with my explanation of the core of marriage to alma. That's it. Not my problem you didn't bother to read the post. If you care, I quoted the first two above. No one asked for a list of groups that you provided.


Alma said that the list of exclusions was larger than what you were claiming. You asked for a list.

I answered.


And yes, one of those failings of your original assumption was that the list of people excluded from obtaining marriage licenses was within the set defined as "couples". I corrected that false assumption on your part. You can thank me later I suppose.
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#235 Aug 05 2010 at 5:06 PM Rating: Excellent
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Again, not what I asked for. I asked for a list of people who are currently excluded, but who would not be excluded with my core of marriage explanation. Alma said that the list of exclusions that applied to this criteria were larger, and then you came up with a whole bunch people who are excluded now, and would be excluded with my definition.

Quote:
one of those failings of your original assumption was that the list of people excluded from obtaining marriage licenses was within the set defined as "couples".
Not an assumption, an explicitly stated understanding of marriage.

Are you really having trouble with this? I didn't realize you hadn't understood what I was asking for. Given what you thought, your response was reasonable. Do you understand what I was actually asking for though?

Edited, Aug 5th 2010 6:08pm by Xsarus
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#236 Aug 05 2010 at 5:06 PM Rating: Decent
MDenham wrote:
Has anyone given a reason yet why plural marriage should be disallowed other than the mistaken idea that it encourages orgies?


Nothing wrong with an orgy or five.
#237 Aug 05 2010 at 5:07 PM Rating: Good
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Minors aren't specifically excluded from marriage, they are excluded from entering into legal contracts, which then means they can't enter into marriage. Gays just can't enter into marriage. For no reason. There is no logical reason why they shouldn't be allowed to enter into marriage. They would create more stable families, which is definitely needed.

And, despite Gbaji's arguments, prop 8 specifically stated that marriage was now only between a man and a women, which was blatantly to keep gays from marrying. Obviously none of the other groups mentioned would be able to marry, and for reasons that this proposition did not state at all. So yes, gays aren't being kept from marriage because it's a side effect from other laws, they are just being kept from marriage.

As for polygamy and incest, I don't see much of a reason to not allow those, although I'd imagine polygamy would get tricky in a legal sense.
#238 Aug 05 2010 at 5:07 PM Rating: Decent
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Sir Xsarus wrote:
I'll ask again. Given my core of marriage explanation, which groups would all of a sudden be included in marriage that are currently excluded?


Given your core of marriage explanation, none of them are currently excluded.

Your "core of marriage" seems to be looking purely at the ability to enter into a marriage contract, which is not currently denied to gay couples. I've tried to explain this to you on several occasions btw.
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#239 Aug 05 2010 at 5:08 PM Rating: Good
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MDenham wrote:
Has anyone given a reason yet why plural marriage should be disallowed other than the mistaken idea that it encourages orgies?
I suppose there's always gbaji's tax benefits spiel. Let's be honest though, it's 100% because God says it's icky.
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#240 Aug 05 2010 at 5:09 PM Rating: Excellent
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gbaji wrote:
Sir Xsarus wrote:
I'll ask again. Given my core of marriage explanation, which groups would all of a sudden be included in marriage that are currently excluded?


Given your core of marriage explanation, none of them are currently excluded.

Your "core of marriage" seems to be looking purely at the ability to enter into a marriage contract, which is not currently denied to gay couples. I've tried to explain this to you on several occasions btw.

these words don't mean the same to you as they do other people
#241 Aug 05 2010 at 5:10 PM Rating: Good
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Oh are you going to go off on your, "anyone can make a contract" speech"? Smiley: laugh

Quote:
Given your core of marriage explanation, none of them are currently excluded.
Children aren't excluded? Toasters aren't excluded? People who only want some parts of the marriage stuff aren't excluded? No actually they all are.


Edited, Aug 5th 2010 6:11pm by Xsarus
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#242 Aug 05 2010 at 5:15 PM Rating: Decent
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Siesen wrote:
Minors aren't specifically excluded from marriage, they are excluded from entering into legal contracts, which then means they can't enter into marriage. Gays just can't enter into marriage. For no reason. There is no logical reason why they shouldn't be allowed to enter into marriage. They would create more stable families, which is definitely needed.


You need to be more clear what you mean by "enter into marriage".

Quote:
And, despite Gbaji's arguments, prop 8 specifically stated that marriage was now only between a man and a women, which was blatantly to keep gays from marrying.


No. The state status which carries the label "marriage" can only be obtained by a couple consisting of a man and a woman. Prop8 in no way prevents gay couples from "entering into marriage".

I'll point out for the zillionth time that it's critical to understand the difference between a contract of marriage, and the state status of marriage. Those are two completely different things.

Quote:
Obviously none of the other groups mentioned would be able to marry, and for reasons that this proposition did not state at all. So yes, gays aren't being kept from marriage because it's a side effect from other laws, they are just being kept from marriage.


I've addressed this repeatedly. The criteria required to qualify for the state status of marriage (and the benefits it confers) includes a whole set of things. Those things are quite obviously aimed at encouraging heterosexual couples to enter into the contract of marriage. Those are not the same things. One is an incentive to get people do to the other, but it not required for it.

Quote:
As for polygamy and incest, I don't see much of a reason to not allow those, although I'd imagine polygamy would get tricky in a legal sense.


Yeah. We avoid it because it complicates the legal issues surrounding property and guardianship of children. Hence, why the form of marriage we encourage is the "simple" one, which maximizes the protections for children produced, minimizes the number of children born without said marriage contract, and only coincidentally excludes gay couples. It's meant to *encourage* straight couples to marry. The fact that it neither encourages nor discourages gay couples from doing the same does not constitute any violation of rights.
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#243 Aug 05 2010 at 5:17 PM Rating: Good
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Those things are quite obviously aimed at encouraging heterosexual couples to enter into the contract of marriage.
Smiley: lol Never going to give it up!

Quote:

I'll point out for the zillionth time that it's critical to understand the difference between a contract of marriage, and the state status of marriage. Those are two completely different things.
You're precious.

Edited, Aug 5th 2010 6:19pm by Xsarus
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#244 Aug 05 2010 at 5:19 PM Rating: Good
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Oh gbaji. You're so cute, banging on about the same old nonsense ****. Someone get the boy a lollipop.

Alma is still just hopelessly stupid.

I missed you both. *tear*
#245 Aug 05 2010 at 5:22 PM Rating: Good
Uglysasquatch, Mercenary Major wrote:
MDenham wrote:
Has anyone given a reason yet why plural marriage should be disallowed other than the mistaken idea that it encourages orgies?
I suppose there's always gbaji's tax benefits spiel. Let's be honest though, it's 100% because God says it's icky.
gbaji's tax benefits spiel actually implies that we should encourage plural marriage over normal marriages because the resulting family unit is more stable even in the face of divorce.
#246 Aug 05 2010 at 5:23 PM Rating: Decent
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Sir Xsarus wrote:
Oh are you going to go off on your, "anyone can make a contract" speech"?


You've heard it before? How about remembering it then?


Quote:
Quote:
Given your core of marriage explanation, none of them are currently excluded.
Children aren't excluded? Toasters aren't excluded?


To the degree that they can enter into a contract at all? No. Wasn't that your argument? You're spinning in circles now. You argue that these aren't really exclusions because they apply to contracts in general, and then when I point out that you're limiting yourself by only talking about the contract of marriage, you insist that suddenly these exclusions are specific to "marriage contracts".

The point which you missed is that gay couples are not excluded from entering into a marriage contract anymore than they are excluded from entering into any other form of contract. Yes. This is my "anyone can make a contract" speech. But you've heard it before, right?


Quote:
People who only want some parts of the marriage stuff aren't excluded? No actually they all are.


What do you think this means? Stop being deliberately vague. What do you mean by "some parts of the marriage stuff"? If you're talking about some parts of the marriage contract, absolutely anyone (who can enter into any contract in the first place) can write up their own marriage contract. Or they can use one that matches that of the existing statutory marriage contract. Or, in a state like California, the government has written one up for them and saved them the time and trouble.

If you mean that they can enter into a contract, but *can't* get tax cuts and whanot, then that's a separate issue. And in that case, a whole lot more exclusions exist than just gay couples. As I've already detailed with my earlier list.


You're playing wordgames now. Be clear about what you are talking about please.
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#247 Aug 05 2010 at 5:26 PM Rating: Good
gbaji wrote:
Or they can use one that matches that of the existing statutory marriage contract.
I believe that we've already established at some point in the past that even if people were to use such a contract, were such a contract to even exist (which is kind of besides the point) portions of it would be regularly ignored with no recourse available to the parties to the contract.

You know, things like the whole visitation rights in hospitals and the transfer of pensions (and pension-like objects like Social Security and such).

NOTE: And if you bring up tax benefits again in response to this, I'm going to slap you on the grounds that that is an entirely different kettle of fish than "this contract states that I can transfer object X to any other party to the contract".

Edited, Aug 5th 2010 4:28pm by MDenham
#248 Aug 05 2010 at 5:27 PM Rating: Good
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If you're talking about some parts of the marriage contract, absolutely anyone (who can enter into any contract in the first place) can write up their own marriage contract.
No they can't. The government stipulates what marriage entails. They can at best write a pre-nup so that in the event the marriage is ended, they don't have to split up their affairs though a messy court battle. Any home made contract is not recognized by the state as marriage

Edited, Aug 5th 2010 6:28pm by Xsarus
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#249 Aug 05 2010 at 5:28 PM Rating: Decent
Like I said 5 pages ago, I can't wait for this ruling to be confirmed by the Supreme Court. Gbaji probably still won't accept it for what it is, but at least there won't be any question as to whether the highest court in the land disagrees with his stupidity.
#250 Aug 05 2010 at 5:29 PM Rating: Good
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Smiley: thumbsup
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#251 Aug 05 2010 at 5:32 PM Rating: Good
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gbaji wrote:
Yes. This is my "anyone can make a contract" speech. But you've heard it before, right?


Oh gosh, have we ever. It's still as dumb and wrong this time too.

Not sure how you're still confused about this though. Everything you ever have said about this has been beaten into submission until you point in a different direction and say "NO! THAT'S IT! REALLY!!!" Rinse. Repeat.

You're wrong.

Do you get it yet? You're just wrong. The defendants of this trial just tried some of the same sh*t you did, and they were found to be wrong. They'll continue to be proven wrong. Their own witnesses either ran away scared or were completely wrong and proven so on cross-examination when they admitted things that helped the plantiffs.

In case you still haven't noticed, the word of the day is wrong. It's what you are, and it's what you always will be as long as you stand here screaming about why we can't allow gay marriage while being completely unable to find any one single argument that can stand on its own two legs.

Carry on though. More interesting than going on a date with some bimbo, I'm sure.

That was a sincere statement.

Edited, Aug 5th 2010 7:32pm by CBD
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