Jophiel wrote:
Almalieque wrote:
I'm not claiming that it was perfect and I acknowledged that things were overlooked and they were also later addressed in amendments.
You know what amendment didn't pass? The Federal Marriage Amendment which would have constitutionally defined marriage to only be between one man and one woman. Jus' sayin'.
I read that a while back, further supports my claim. What's your point?
Mdenham wrote:
That's not the sole argument - and a better one substitutes for "were not allowed to fight" the phrase "were not established enough to fight".
To bring up polygamy yet again (why? because it's fun) it'd be like if the Mormons hadn't officially changed their minds on it (back in 1890). They changed their minds because they weren't established enough yet to bring a political fight. If they'd chosen to simply hold off on it (and kept quiet about plans to try and bring a fight about it later as well), we may very well have seen legalized polygamy back in the '60s or so.
People in favor of same-sex marriage haven't had anywhere near enough political power that they could get behind them until about twenty years ago to actually push the fight - and Clinton, in combination with a Republican Congress, pretty well cut the legs out from under that fight initially. The next decade has been trying to regroup and find a different front to work on this from, which still requires one major thing to happen: declaring the DoMA unconstitutional for whatever reason. Hence the present court fights.
Does this make sense so far?
To bring up polygamy yet again (why? because it's fun) it'd be like if the Mormons hadn't officially changed their minds on it (back in 1890). They changed their minds because they weren't established enough yet to bring a political fight. If they'd chosen to simply hold off on it (and kept quiet about plans to try and bring a fight about it later as well), we may very well have seen legalized polygamy back in the '60s or so.
People in favor of same-sex marriage haven't had anywhere near enough political power that they could get behind them until about twenty years ago to actually push the fight - and Clinton, in combination with a Republican Congress, pretty well cut the legs out from under that fight initially. The next decade has been trying to regroup and find a different front to work on this from, which still requires one major thing to happen: declaring the DoMA unconstitutional for whatever reason. Hence the present court fights.
Does this make sense so far?
I'm not denying your claim. Matter of fact when I said "not enough people or not the right people", it meant just that. My argument was that you can't say the ban on SSM wasn't lifted because of common law. It simply wasn't a large enough force before in favor of SSM.
Xsarus wrote:
I never said it didn't,and we weren't talking about where our rights came from. What we were asserting is that the constitution does not represent a review of the accepted massive common law of the day. What it does give us is a framework to evaluate said laws in the case that they come up. A law could be unconstitutional but still exist because no one has challenged it.
That's true. At the same time, the Constitution also specifically addresses practices that were/are widely used.
Xsarus wrote:
A law's origin doesn't necessarily take away the merit of the law, but it certainly casts it into doubt. If a law is created due to the church and the country at some later point realizes it is secular, that law would have to be justified with new non-religious reasons. Perhaps the law is easy to justify, but saying somehow you don't have to because origins don't matter is simply avoiding the question because you know you don't have an argument.
What question? This thread didn't get up to 35 pages by me "avoiding questions".
The source of a law or rule is irrelevant if the law itself is justified.
It's a very simple practice, is the law justified? Yes or no. If yes, you keep it. If no, you alter or remove it. There's no "doubt" factor.
Edited, Aug 28th 2010 5:31pm by Almalieque