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#602 Aug 11 2010 at 10:35 PM Rating: Decent
You do know that no one apart from yourself, and whoever you stole it from, uses the term marriage contract in this way, right?
#603gbaji, Posted: Aug 11 2010 at 10:37 PM, Rating: Sub-Default, (Expand Post) And... here's where you pull the switcheroo from "marriage benefits" to "marriage".
#604 Aug 11 2010 at 10:41 PM Rating: Excellent
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What switcharoo?

I have always, always defined marriage in this debate to be the legally sanctioned status as observed by the government. I don't give a wet shit about what people did seven thousand years ago or whether two people can tie a pink ribbon around their pinkies and call themselves "love-bound". The only status the courts are interested in is the one codified by state and federal law including all the various benefits thereof. Therefore, since this is an argument about the law, that's the only status I'm interested in discussing.

Until there's a legally recognized status of marriage that comes without benefits, "marriage" and "marriage benefits" are one and the same.
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Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#605 Aug 11 2010 at 10:49 PM Rating: Good
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gbaji wrote:
I'm not denying them that. There is nothing preventing them from entering into a contract with a joint medical power of attorney provision.


If there is so much as the smallest possible chance that someone could still be denied visitation/the right to make medical decisions, then this is not ok.

Without it being obvious and well-known that same-sex couples can get married, it will happen. It has in the past, and it will continue to in the future. It doesn't matter how often, to whom, when or how much it's publicized, and what the circumstances of the denial are.

It should never happen. To anyone. Ever. There is no defense for it. Gay couples are forced (Yes!! forced!!) into this situation. Straight couples at least have the choice to take that risk when they don't get married.

This is a minor detail in the whole debate though. The only reason we're talking about it at all is because you have to change the topic five times a page in order to keep feeling as though you have some logical point. (Hint: You don't.)
#606 Aug 11 2010 at 10:50 PM Rating: Default
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Kavekk the Ludicrous wrote:
You do know that no one apart from yourself, and whoever you stole it from, uses the term marriage contract in this way, right?


That's because many people refer to pre-nuptial agreements as "marriage contracts". Yes. I've heard this line of argument before. Let's not get caught up in the words, ok? You know what I'm talking about. I could link dozens of legal sites which clearly talk about civil marriage being a "contract". That the state ends out being an interested (senior) party in a statutory marriage doesn't change the ultimate nature of the beast.

Marriage

Quote:
The legal status, condition, or relationship that results from a contract by which one man and one woman, who have the capacity to enter into such an agreement, mutually promise to live together in the relationship of Husband and Wife in law for life, or until the legal termination of the relationship.



Obviously, this specific definition includes the "man and woman" requirement, but the point is that it's a contract. Only the most semantically focused twit would make a point of the phrase "marriage contract" in this context.
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King Nobby wrote:
More words please
#607Almalieque, Posted: Aug 11 2010 at 10:58 PM, Rating: Sub-Default, (Expand Post) Woooah Gbaji, be careful, if you're start correcting their incorrectly used words purposely placed in their argument in order to prove a non-valid point, they'll call SEMANTICS!!! It's a trap!!
#608 Aug 11 2010 at 11:05 PM Rating: Default
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Sigh. Let's rewind the whole conversation:


gbaji wrote:
Jophiel wrote:
gbaji wrote:
Jophiel wrote:
gbaji wrote:
I'll ask the same question in reverse: "How does it hurt gay couples marriages if heterosexual married couples get benefits from the government?"

It doesn't. It hurts gay couples to be denied those benefits. They're not being hurt because someone else is getting them.

It hurts me to be denied food stamps. But I would never argue that it's a violation of my rights.

Good thing too since I'd ask where your right to get food stamps derives from. I can answer where the right to marry derives from.


And... here's where you pull the switcheroo from "marriage benefits" to "marriage".


You switched from talking about gays being "denied those benefits", to a "right to marry". When you couldn't deny the comparison to a "right to food stamps", you just changed the noun and hoped no one would notice...
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King Nobby wrote:
More words please
#609 Aug 11 2010 at 11:06 PM Rating: Decent
gbaji wrote:
Kavekk the Ludicrous wrote:
You do know that no one apart from yourself, and whoever you stole it from, uses the term marriage contract in this way, right?


That's because many people refer to pre-nuptial agreements as "marriage contracts". Yes. I've heard this line of argument before. Let's not get caught up in the words, ok? You know what I'm talking about. I could link dozens of legal sites which clearly talk about civil marriage being a "contract". That the state ends out being an interested (senior) party in a statutory marriage doesn't change the ultimate nature of the beast.

Marriage

Quote:
The legal status, condition, or relationship that results from a contract by which one man and one woman, who have the capacity to enter into such an agreement, mutually promise to live together in the relationship of Husband and Wife in law for life, or until the legal termination of the relationship.



Obviously, this specific definition includes the "man and woman" requirement, but the point is that it's a contract. Only the most semantically focused twit would make a point of the phrase "marriage contract" in this context.


No, you misunderstand me; it has two meanings. It is used to refer to pre-nuptial agreements by people who can't spell 'nuptial' and, more importantly, the contract of marriage itself. You're using it to mean any contract that is somewhat similar to the contract of marriage. No one else uses the term in this manner. This is the point I am making.
#610 Aug 11 2010 at 11:09 PM Rating: Good
Almalieque wrote:
Woooah Gbaji, be careful, if you're start correcting their incorrectly used words purposely placed in their argument in order to prove a non-valid point, they'll call SEMANTICS!!! It's a trap!!


Why is writing a cogent sentence so hard for you? Is it the brain damage? I bet it's the brain damage.
#611 Aug 11 2010 at 11:10 PM Rating: Excellent
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Are you failing to understand that, legally, "marriage" comes with said "marriage benefits"? Until you can tell me directly that you understand this and are willing to work from this premise alone, it's not worth having this conversation with you. Granted, it's probably not worth it anyway but I'm looking for a glimmer of hope here.

They are being denied benefits that they arguably have a right to. They are not being harmed by heterosexual couples having those benefits, they are being harmed by the denial of those benefits to them. Particularly since many benefits are unobtainable via any other means.

Edited, Aug 12th 2010 12:12am by Jophiel
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Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#612Almalieque, Posted: Aug 11 2010 at 11:15 PM, Rating: Sub-Default, (Expand Post) You got me, it's the "brain damage"... yup... Us people likes 2 kall dat "brain damage" as Intelligence..
#613 Aug 11 2010 at 11:17 PM Rating: Default
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To be fair, I'll address the rest of your post as well, since it has some merit:

Jophiel wrote:
I have always, always defined marriage in this debate to be the legally sanctioned status as observed by the government. I don't give a wet shit about what people did seven thousand years ago or whether two people can tie a pink ribbon around their pinkies and call themselves "love-bound". The only status the courts are interested in is the one codified by state and federal law including all the various benefits thereof. Therefore, since this is an argument about the law, that's the only status I'm interested in discussing.


You don't have a right to gain that legally defined status though Joph. That's the point. You do have a right to tie ribbons around your pinky and declare yourselves "love-bound". You have a right to define that relationship with a legally binding contract if you wish.

You do not, nor have you *ever* had a right to qualify for a state defined legal status. Ever. In the same way that you don't have a "right" be be defined as "handicapped", or "disabled", or "poor", or any of a dozen other legally defined statuses which may confer any of a number of government funded or mandated benefits.

Those are not rights. They never have been rights. That's what you don't seem to understand.

Quote:
Until there's a legally recognized status of marriage that comes without benefits, "marriage" and "marriage benefits" are one and the same.


Why would there be one? I guess I'm unsure what you think the role of the government is here. Why on earth would the government create a legal status which conferred no benefits or penalties? What kind of bizarre love-fest with big government would make you think that we should have our government creating such things. That's just warped thinking.

You're also apparently unaware that the same word can hold different meanings. There is a religious "marriage", and a social "marriage", and a civil contract called "marriage". And there is *also* a state status called "marriage". Those are all of them different things. Or will you also argue that the Catholic Church's prohibition against marrying people who aren't members of their faith denied everyone else the "right to marry" as well?


Cause that would be... silly.
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King Nobby wrote:
More words please
#614 Aug 11 2010 at 11:19 PM Rating: Good
Almalieque wrote:
You got me, it's the "brain damage"... yup... Us people likes 2 kall dat "brain damage" as Intelligence..


Intelligent people don't write like this:

Quote:
Woooah Gbaji, be careful, if you're start correcting their incorrectly used words purposely placed in their argument in order to prove a non-valid point, they'll call SEMANTICS!!! It's a trap!!
#615 Aug 11 2010 at 11:23 PM Rating: Good
No, we call shenanigans. Which this thread is full of.

Back on topic, the ABA (American Bar Association) has come out in agreement with the judge's conclusion. They normally don't dip their toes in politics, but felt that this was an important enough case to speak up.

MiamiHerald wrote:
SAN FRANCISCO -- The country's largest lawyers' group has backed a resolution calling on all state legislatures to let same-sex couples get married.

The American Bar Association voted at its annual meeting Tuesday in San Francisco to support the measure sponsored by the New York State Bar Association.

New York State Bar Association President Stephen P. Younger says the resolution passed overwhelmingly, with only one speaker voicing opposition during debate.

The ABA's approval comes days after a federal judge in San Francisco struck down California's voter-approved same-sex marriage ban. Younger says the timing of the ABA's vote is a coincidence.
#616 Aug 11 2010 at 11:23 PM Rating: Default
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Jophiel wrote:
They are not being harmed by heterosexual couples having those benefits, they are being harmed by the denial of those benefits to them.


Wait! So if we eliminated all state marriage benefits for heterosexual couples, you'd still argue we should give them to gay couples?

I'm just curious how far you'll go with this little denial you've got going on here. Can we please admit that for you and most liberals this is about identity politics and faux-equality and *not* about any actual assessment of the benefits at issue and their applicability to any given group?
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King Nobby wrote:
More words please
#617Almalieque, Posted: Aug 11 2010 at 11:25 PM, Rating: Sub-Default, (Expand Post) Seriously speaking with all jokes aside....
#618 Aug 11 2010 at 11:28 PM Rating: Excellent
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gbaji wrote:
You don't have a right to gain that legally defined status though Joph.

Except that it's been ruled that you do have exactly that right aside from exceptional circumstances. So the question before the court is whether or not homosexual marriage is an exceptional circumstance which warrants denying them their right to marry.

Everything else you wrote in regards to this was just not worth mentioning since, again, you messed up from the very beginning.

Quote:
Why would there be one?

I can't imagine a reason. Which was kind of the point.

Quote:
You're also apparently unaware that the same word can hold different meanings.

But only one meaning which matters to the government. And that's the only one I'm interested in. As luck would have it, it usually intersects with the social concept of marriage (tell someone you're "married" but without ever taking formal legal vows and they'll usually roll their eyes; tell them that you got married in a 5 min Vegas ceremony and they'll say "OMG you got married!") and with the religious concept of marriage (try telling your Catholic priest that you want him to conduct a marriage ceremony but you won't be providing a legal marriage license because you don't intend to inform the county). But even when it separates from the social or religious concepts, the legal concept discussed by the courts is the only one that matters in this discussion.
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Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#619Almalieque, Posted: Aug 11 2010 at 11:29 PM, Rating: Sub-Default, (Expand Post) I did use "you're" when I meant "you"...
#620 Aug 11 2010 at 11:31 PM Rating: Excellent
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gbaji wrote:
Wait! So if we eliminated all state marriage benefits for heterosexual couples, you'd still argue we should give them to gay couples?

No, because there wouldn't be a legal state of marriage at that point so there's be nothing to have a legal right to. On the other hand, if we had a legal state of marriage which only gays could enter and which conferred unique benefits to help them survive as a family unit and which much of our legal family structure was based around, I'd argue that heterosexual couples were being harmed.

Quote:
I'm just curious how far you'll go with this little denial you've got going on here

I'm curious how long you'll go on failing to grasp the basic concept. But not curious enough to keep going in circles. Let me know when you understand.

Edited, Aug 12th 2010 12:32am by Jophiel
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Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#621Almalieque, Posted: Aug 11 2010 at 11:41 PM, Rating: Sub-Default, (Expand Post) Well,while you wait, can you please answer my question!?
#622 Aug 11 2010 at 11:50 PM Rating: Excellent
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Almalieque wrote:
Well,while you wait, can you please answer my question!?

"What would be the purpose of the government creating a union such as marriage with absolutely no benefits or changes to an already existing relationship? Why go through the trouble? Why should the government care if Billy and Susie are in love or not?"

I already answered -- I can't see a purpose.

Which was my entire point that you and Gbaji obviously missed. The government isn't creating "non-benefits marriage" and so we can safely assume that the only status of marriage the courts are interested in is the one that confers all the legal benefits of being legally married. Gbaji keeps wanting to pretend that there's some gulf between "marriage" and "marriage benefits" but, in the eyes of the courts, there is absolutely no difference. Discussing anything but the courts' definition in a debate over the legalization of same sex marriage is just a waste of time.

You know... more of a waste than usual.

Edited, Aug 12th 2010 12:51am by Jophiel
____________________________
Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#623 Aug 12 2010 at 12:23 AM Rating: Good
Almalieque wrote:
Kavekk the Ludicrous wrote:
Almalieque wrote:
You got me, it's the "brain damage"... yup... Us people likes 2 kall dat "brain damage" as Intelligence..


Intelligent people don't write like this:

Quote:
Woooah Gbaji, be careful, if you're start correcting their incorrectly used words purposely placed in their argument in order to prove a non-valid point, they'll call SEMANTICS!!! It's a trap!!


I did use "you're" when I meant "you"...

let me rephrase that for you then..

My dear friend Gbaji, please take caution when correcting our fellow poster's incorrect word usage. These words are purposely misused in order to prove a point. If you insist to call out this error, they will respond with such claims as "SEMANTICS". Once again, please take caution as I fear this is nothing but a mere trap.


That was far from the only problem with that sentence. I mean, I don't really care that much, because it's not like you have anything interesting to communicate, but it's indicative of your general ineptitude.
#624 Aug 12 2010 at 4:16 AM Rating: Decent
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Quote:
As luck would have it, it usually intersects with the social concept of marriage (tell someone you're "married" but without ever taking formal legal vows and they'll usually roll their eyes; tell them that you got married in a 5 min Vegas ceremony and they'll say "OMG you got married!") and with the religious concept of marriage (try telling your Catholic priest that you want him to conduct a marriage ceremony but you won't be providing a legal marriage license because you don't intend to inform the county)


Actually, that is what we call a "common law marriage", or if you live long enough with a person of the opposite sex, and present yourself as a married couple, you don't need to fill out a license or anything. You are, as far as the state is concerned, married.

For anyone interested, I would suggest reading up on the history of legal structure of marriage. It's an interesting read, and it plays directly into this thread.
#625 Aug 12 2010 at 4:39 AM Rating: Excellent
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gbaji wrote:
Jophiel wrote:
gbaji wrote:
I'll ask the same question in reverse: "How does it hurt gay couples marriages if heterosexual married couples get benefits from the government?"

It doesn't. It hurts gay couples to be denied those benefits. They're not being hurt because someone else is getting them.


It hurts me to be denied food stamps. But I would never argue that it's a violation of my rights.


Really?? You need food stamps but no one will give them to you? Wow.
#626 Aug 12 2010 at 4:44 AM Rating: Excellent
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Almalieque wrote:
Woooah Gbaji, be careful, if you're start correcting their incorrectly used words purposely placed in their argument in order to prove a non-valid point, they'll call SEMANTICS!!! It's a trap!!


Oh, irony...
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