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#1327 Aug 20 2010 at 7:14 PM Rating: Good
gbaji wrote:
Jophiel wrote:
I've stated that the US government plays a role in marriage largely because it stemmed directly from another government which did the same thing.


Except that the government didn't start providing benefits in return for couples holding a marriage license until the mid 20th century.
You mean we didn't have any sort of inheritance-by-default mechanism before then, among other things?

That's... interesting.
#1328 Aug 20 2010 at 7:20 PM Rating: Excellent
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gbaji wrote:
Except that the government didn't start providing benefits in return for couples holding a marriage license until the mid 20th century. The idea that we inherited this from jolly ol' England is absurd.

Really? There were no inheritance laws or anything until the 1950s or so that the government might have played a role in?

Holy crap... who knew? Thanks for the history lesson, Gbaji!

Fun fact: Early US inheritance laws in relation to marriage were largely derived from English common law and were exceptionally shitty to the widows. The first waves of laws reforming this (various Married Woman's Property Acts from the 1830s onward) were actually created not to benefit the woman directly (and certainly not to entice them to marry before having children) but rather to protect the husbands from creditors and protect wealthy fathers from having their son-in-laws inherit their estates. Legislation designed to more directly protect women would come later in the century.
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Wow. Regular ol' Joph fan club in here.
#1329Almalieque, Posted: Aug 20 2010 at 7:41 PM, Rating: Sub-Default, (Expand Post) Did you really interpret that statement that way? Or are you just purposely avoiding the fact?
#1330 Aug 20 2010 at 7:42 PM Rating: Default
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MDenham wrote:
gbaji wrote:
Jophiel wrote:
I've stated that the US government plays a role in marriage largely because it stemmed directly from another government which did the same thing.


Except that the government didn't start providing benefits in return for couples holding a marriage license until the mid 20th century.
You mean we didn't have any sort of inheritance-by-default mechanism before then, among other things?


When did inheritance and/or estate taxes affect more than a tiny fraction of the population Joph?

Quote:
That's... interesting.


That the benefits weren't needed until the government started imposing more on the people? Yes. I suppose it is. That this had the net effect of creating significant incentives for people to get married, not just in a common law fashion, but via a statutorily binding marriage license?

Want to look up the history of common law marriage in the US? You'll find, if you bother to research this stuff instead of just tossing out assumptions, that there was an active effort in the 20th century to eliminate the tradition of people just declaring themselves to be married, and ensure that they were bound by some statutory contract instead. We can debate *why* this was done, but it's frankly bizarre that you continue to insist that the state didn't have any vested interest in trying to get people to enter into that statutory contract, much less that perhaps all the exclusions from new taxes and restrictions might just be one way they might have done that.


Ah! That's right. You wont accept any answer unless someone wrote it down at the time in question. No looking at patterns and deriving logical conclusions for you...
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#1331 Aug 20 2010 at 7:49 PM Rating: Good
gbaji wrote:
MDenham wrote:
gbaji wrote:
Jophiel wrote:
I've stated that the US government plays a role in marriage largely because it stemmed directly from another government which did the same thing.


Except that the government didn't start providing benefits in return for couples holding a marriage license until the mid 20th century.
You mean we didn't have any sort of inheritance-by-default mechanism before then, among other things?


When did inheritance and/or estate taxes affect more than a tiny fraction of the population Joph?
Would you kindly check your glasses and/or meds before claiming I'm Joph?

I'm going to disregard estate taxes specifically because those are recent, and answer the other half of the question with "since more than a tiny fraction of the population owned property", which is closer to a century and a half than just half a century.
#1332 Aug 20 2010 at 7:50 PM Rating: Good
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Well, if we didn't have all these laws until recently, it should be trivial to show that they were enacted as an incentive. So show that.
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#1333 Aug 20 2010 at 8:00 PM Rating: Default
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MDenham wrote:
gbaji wrote:
MDenham wrote:
gbaji wrote:
Jophiel wrote:
I've stated that the US government plays a role in marriage largely because it stemmed directly from another government which did the same thing.


Except that the government didn't start providing benefits in return for couples holding a marriage license until the mid 20th century.
You mean we didn't have any sort of inheritance-by-default mechanism before then, among other things?


When did inheritance and/or estate taxes affect more than a tiny fraction of the population Joph?
Would you kindly check your glasses and/or meds before claiming I'm Joph?


Sorry. You both made similar statements.

Quote:
I'm going to disregard estate taxes specifically because those are recent...


Um... But they're the ones relevant in the context of federal taxes, aren't they? Also relevant because I'm talking about how the states role in marriage in the US has changed since the days of being subjects to the crown of England. Surely, a new tax levied on the people, which then excludes those who are married via statute represents a "change in the role of the state with regard to marriage".

Quote:
and answer the other half of the question with "since more than a tiny fraction of the population owned property", which is closer to a century and a half than just half a century.


The earliest inheritance taxes were implemented during times of emergency (very late 18th century and through the 19th). I did do some research on this before I posted, you know. Those taxes were short lived though. The idea that the state would tax people upon their death just as a general and normal tax is a construct of the 20th century. We think it's normal, but it really isn't (neither is income taxes btw).


And yes, I acknowledge that this rise corresponds with the rise of the middle class. Didn't say it wasn't. But that's irrelevant to my counter of Joph's claim that the state's role in marriage hasn't changed since we were a part of England, so there's apparently no reason at all to look at any of those changes when assessing the who, what's, and why's of marriage.


Can we all please agree that the state's involvement in marriage has changed dramatically since then?
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#1334 Aug 20 2010 at 8:00 PM Rating: Good
Almalieque wrote:
None of this would have happened if you changed the incorrect word "equal" to the correct word "fair". I'm not sure why you still refuse to do that.

I've concluded that you do realize the difference of equality and fairness, but you want to overlook it because you really want to see the SSM ban lifted. You think if people use the words "rights" and "equality", it will make their arguments stronger by correlating with the previous wrongs that this country has done.

That's giving you credit. The other possibility is that you just don't understand.


Oh, I understand. Just like I understand that it wasn't equal when we didn't allow black people and white people to get married. It's unequal and it's unfair. There, I used your word. Are you happy?
#1335 Aug 20 2010 at 8:17 PM Rating: Default
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Sir Xsarus wrote:
Well, if we didn't have all these laws until recently, it should be trivial to show that they were enacted as an incentive. So show that.


How? Laws tend to only say what the law does. In this case, we're looking at the combination of an exception to a law and another law. While I suppose if we had access to the personal writings of those involved, we could find their reasons for passing the laws and amendments they passed, it's unlikely that any of that stuff is going to be available via a google search.

I know that some of you want answers in life to be as easy as checking some internet site responsible for "the truth", but the reality is that most of the time we're better served by using our own reason and intellect. Is it really so hard to understand why the state might just create all those benefits to married couples? Are we to accept that for centuries western civilization created incredibly harsh social rules and penalties on those who produced children out of wedlock, and strong social pressures for marriage (labels of "*******" and "old maid" for example), but then pretend that the creation of benefits for couples who marry, appearing right around the same time as the gradual elimination of the older social rules and penalties, had *nothing* to do with the same social objectives?

Really? That just seems like a stretch, doesn't it? It seems most reasonable to assume that the social importance of marriage had not changed, but the methods by which we attempt to get people to enter into it did.

Edited, Aug 20th 2010 7:20pm by gbaji
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#1336 Aug 20 2010 at 8:26 PM Rating: Good
RARRGUHLLBURGLAIIAIIAHHHHHHHHH!
#1337 Aug 20 2010 at 8:36 PM Rating: Excellent
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gbaji wrote:
When did inheritance and/or estate taxes affect more than a tiny fraction of the population Joph?

I'd suspect that inheritance affects a pretty significant portion of the population at one time or another.

Almalieque wrote:
Did you really interpret that statement that way?

Really, I interpreted it as Gbaji missing the point or something as the topic was how the US government originally became involved in marriage and Gbaji skipped about 170 years of legislative history (including a 50-odd year period vital to women's property laws) to talk about the things he thought would help his case. Maybe he did it intentionally to try to change the subject, I don't know. I was giving him the benefit of the doubt.
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Wow. Regular ol' Joph fan club in here.
#1338 Aug 20 2010 at 8:38 PM Rating: Excellent
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gbaji wrote:
I know that some of you want answers in life to be as easy as checking some internet site responsible for "the truth", but the reality is that most of the time we're better served by using our own reason and intellect.

It's.... juuuuuuuusssttttt.... OBVIOUS!!!!!!!

Quote:
But that's irrelevant to my counter of Joph's claim that the state's role in marriage hasn't changed since we were a part of England

Are you just illiterate? Are you having someone read you every third word or something?

Edited, Aug 20th 2010 9:40pm by Jophiel
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Wow. Regular ol' Joph fan club in here.
#1339 Aug 20 2010 at 8:39 PM Rating: Good
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gbaji wrote:
Sir Xsarus wrote:
Well, if we didn't have all these laws until recently, it should be trivial to show that they were enacted as an incentive. So show that.


How? Laws tend to only say what the law does. In this case, we're looking at the combination of an exception to a law and another law. While I suppose if we had access to the personal writings of those involved, we could find their reasons for passing the laws and amendments they passed, it's unlikely that any of that stuff is going to be available via a google search.
There would have been a discussion around said law. Find that and you can find the factors that were considered. Also, don't most bills have a preamble and stuff? might not always cover it, but I would think it often does.
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#1340 Aug 20 2010 at 8:42 PM Rating: Excellent
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Don't you see, Xsaurus? If he just implies that we're all lazy and taking the "easy way out" whereas he's soooo brilliant that he can smart his way through without any additional materials, then that means he doesn't need any sort of evidence!

It's just obvious!
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Wow. Regular ol' Joph fan club in here.
#1341 Aug 20 2010 at 8:46 PM Rating: Excellent
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The current rules for receiving Social Security benefits are a big disincentive for widows, any woman who was married for > 10 years and the Disable to not get married.

As the law is currently written, a woman who was married for 10 years, or widowed will lose all of her share of previous husband's retirement benefits if they remarry.

IF you receive Social Security's Supplemental Security Income (SSI) Program and currently single, getting married will affect the amount of your Benefit check and eligibility for Medicaid if your joint income is too high or your partner has health insurance through work.

I'm sure anyone interested will find the information covering SS Benefits at the http://www.ssa.gov/ site. Sorry I'm not going to do direct quotes from the relevant sections of SSA regulations for you, when it's so easy to look it up yourself. It's were I gone for this information over the last 10 years, to determine how marriage would affect my benefits for both SSI and retirement. Plus it a great idea to know what you may qualify due to illness or lost of spouse.

At this time Jonwin and I can not afford to have me on his medical insurance and I need to compare what his expected SS Retirement benefits may be to what my ex may get. I could handle not getting the retirement benefits base on my ex's earnings, if I had a guarantee that Jonwin would live long enough for me to qualify, if I out live him.

edit since it seem url are now applied differently then I was use to.


Edited, Aug 20th 2010 10:48pm by ElneClare
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#1342 Aug 20 2010 at 8:49 PM Rating: Good
Evidence is anathema to gbaji. It burns him.
#1343Almalieque, Posted: Aug 20 2010 at 8:52 PM, Rating: Sub-Default, (Expand Post) What I realized during this exhausting thread is that these people really aren't using logic at all. They want the ban on SSM ban lifted and they don't care how it's done as long as it's done. In order to make this happen, they play with words, (calling people homophobes, bigots), misuse words (rights, equality,) deny the obvious, (homosexuals can marry, the government has an interest in married couples) along with many other things just to make this ban go away. They honestly just don't care.
#1344 Aug 20 2010 at 8:58 PM Rating: Decent
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Samira wrote:
Alma&c wrote:
It's called the freakin Bill of RIGHTS not the "Bill of random laws that only have references to taxation laws". What part of the Bill of RIGHTS don't you understand? If you believe that marriage is a RIGHT and you also believe that the people believed that banning SSM was removing RIGHTS, why don't you think that RIGHT wasn't amended to the Bill of RIGHTS along with the other RIGHTS such as women being able to vote? Oh wait, it's because women voting wasn't the reason why the US rebelled against the British, right? Seriously?!


The Bill of Rights doesn't comprise an exhaustive list. It mostly delineates where our Constitution differed from prevailing English law at the time.

Seriously. Tenth amendment, ************.
#1345 Aug 20 2010 at 9:05 PM Rating: Excellent
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Just helping this thread get to page 30. I'm also drinking a margarita.
#1346 Aug 20 2010 at 9:23 PM Rating: Default
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Nadenu wrote:
Just helping this thread get to page 30. I'm also drinking a margarita.


Well if there's any indication of the last 30+ thread I was in, it's just gonna got locked for reason x.
#1347 Aug 20 2010 at 9:26 PM Rating: Good
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Almalieque wrote:
Then you don't understand, because not allowing white and black people to marry each other was indeed equal, just not fair to the interracial couple.


Such an interracial couple would not have an equal opportunity to marry the person that they love, akin to a same-race couple that are in love. That is an inequality. It's also unfair.
#1348 Aug 20 2010 at 9:48 PM Rating: Good
Almalieque wrote:
Belkira the Tulip wrote:
Almalieque wrote:
None of this would have happened if you changed the incorrect word "equal" to the correct word "fair". I'm not sure why you still refuse to do that.

I've concluded that you do realize the difference of equality and fairness, but you want to overlook it because you really want to see the SSM ban lifted. You think if people use the words "rights" and "equality", it will make their arguments stronger by correlating with the previous wrongs that this country has done.

That's giving you credit. The other possibility is that you just don't understand.


Oh, I understand. Just like I understand that it wasn't equal when we didn't allow black people and white people to get married. It's unequal and it's unfair. There, I used your word. Are you happy?


Then you don't understand, because not allowing white and black people to marry each other was indeed equal, just not fair to the interracial couple.

So close, I honestly thought you understood it. You let me down.. :(


I'll soldier through somehow.
#1349 Aug 20 2010 at 9:58 PM Rating: Good
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Seeing as how "fairness" is an arbitrary judgment that can legitimately mean whatever a person wants it to, I think you lose any argument you bring it up in automatically.
#1350 Aug 20 2010 at 10:07 PM Rating: Default
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Eske, Star Breaker wrote:
Almalieque wrote:
Then you don't understand, because not allowing white and black people to marry each other was indeed equal, just not fair to the interracial couple.


Such an interracial couple would not have an equal opportunity to marry the person that they love, akin to a same-race couple that are in love. That is an inequality. It's also unfair.


Not being able to marry the person they love is a matter of fairness. If the laws were a white man can marry a black woman but a black man can't marry a white woman, then it would be unequal. No white person can marry a black person and no black person can marry a white person, they are both equally discriminated against. How you fail to see the difference between equality and fairness is beyond me.

EC wrote:
As the law is currently written, a woman who was married for 10 years, or widowed will lose all of her share of previous husband's retirement benefits if they remarry.


Now this is OFF-TOPIC , but what's the exact limit on that? Not talking directly to EC here, but that boggles my mind how a woman can live off a man's earnings while they are divorced until she remarries. I hear this story all of the time being in the military. The couple breaks up and the woman will hook up with another guy, but she wont remarry just to soak up extra money. I mean, if he cheated on her, I wouldn't blame her, but for a mutual break up?!?! Unless there's children involved, I think she should only receive so much money.

Now guys are changing out wives every 9.5 years to avoid that scenario...

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I'll soldier through somehow.


Don't worry, you'll get it soon. I have faith in you..
#1351 Aug 20 2010 at 10:14 PM Rating: Default
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Allegory wrote:
Seeing as how "fairness" is an arbitrary judgment that can legitimately mean whatever a person wants it to, I think you lose any argument you bring it up in automatically.


So you're saying that the ban on SSM is equal and fair? Interesting...

Well if you just say "Hey that's not fair" and leave it like that, of course you will lose. If you actually prove or show how it is unfair, then you will win. Contrary to popular belief, fairness is not as "arbitrary" as you claim.

http://dictionary.reference.com/browse/fair wrote:

1.free from bias, dishonesty, or injustice: a fair decision; a fair judge.
2.legitimately sought, pursued, done, given, etc.; proper under the rules: a fair fight.


Those are fairly objective definitions that can be proven.
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