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#1727 Aug 28 2010 at 9:09 AM Rating: Default
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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?


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
#1728 Aug 28 2010 at 9:58 AM Rating: Excellent
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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.
It's not justified. For a law to be justified there needs to be a reason. I have yet to hear one. So hit me up.
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#1729 Aug 28 2010 at 10:02 AM Rating: Good
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Nothing but Smiley: spam here.
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I managed to be both retarded and entertaining.

#1730 Aug 28 2010 at 10:21 AM Rating: Default
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Sir Xsarus wrote:
Quote:
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.
It's not justified. For a law to be justified there needs to be a reason. I have yet to hear one. So hit me up.


What are you talking about? I'm speaking in a general sense. If it isn't justified, then the rule should be changed or removed.

I said numerous times before, I'm not going to try to justify one way or the other, so if the law is truly unjustified, then it should be changed. Simple as that. Of course, there would have to be some type of proof of that, not simply saying "it is or is not justified".

Opponents of SSM would only have to justify the law before it was established or when challenged after establishment. Since the ban has already been established, proponents of SSM would have to first explain how it isn't justified in order for the opponents to attempt to counter. If the proponents never say or do anything, the rule will always remain the same.
#1731 Aug 28 2010 at 10:26 AM Rating: Excellent
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Quote:
Opponents of SSM would only have to justify the law before it was established or when challenged after establishment. Since the ban has already been established, proponents of SSM would have to first explain how it isn't justified in order for the opponents to attempt to counter. If the proponents never say or do anything, the rule will always remain the same.
You want this to be true, but it isn't. /Shrug. It isn't justified because the reasoning used for it doesn't apply. If you're banning something the onus is always on the people who want to keep the ban. Keep dodging the question of why the law is justified though.

Edited, Aug 28th 2010 11:27am by Xsarus
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#1732 Aug 28 2010 at 10:32 AM Rating: Good
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Almalique wrote:
...


Smiley: facepalm
#1733Almalieque, Posted: Aug 28 2010 at 10:55 AM, Rating: Sub-Default, (Expand Post) We may not agree on everything, but as long as we both agreed on the "equal but not fair", then that is all that matters. Now, maybe if you explained it to the rest of the forum, they might understand it better coming from you.
#1734 Aug 28 2010 at 11:03 AM Rating: Excellent
Almalieque wrote:
History and common sense says otherwise.


Common sense is an argument oft used by people who lack evidence to support their conclusion.
#1735 Aug 28 2010 at 11:04 AM Rating: Good
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Almalieque wrote:
We may not agree on everything, but as long as we both agreed on the "equal but not fair", then that is all that matters. Now, maybe if you explained it to the rest of the forum, they might understand it better coming from you.


We don't, and I have no idea how to explain it to you. That was as simple as I could possibly put it, and I just watched you do some Olympic-caliber linguistic and mental gymnastics to avoid having to even confront my point.

I don't know what else I can do.

Edited, Aug 28th 2010 1:05pm by Eske
#1736 Aug 28 2010 at 11:32 AM Rating: Default
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BrownDuck wrote:
Almalieque wrote:
History and common sense says otherwise.


Common sense is an argument oft used by people who lack evidence to support their conclusion.


That's why I said History and common sense.

Eske wrote:
We don't, and I have no idea how to explain it to you. That was as simple as I could possibly put it, and I just watched you do some Olympic-caliber linguistic and mental gymnastics to avoid having to even confront my point.

I don't know what else I can do.


I don't see how.

You said:

"They don't have an equal opportunity to marry the person that they love/want. That is an inequality"

That is completely true, that's why I said it was unfair. You just decided to spell out how it was unfair as opposed to me simply saying it's unfair.

That has nothing to do with the law still being equally discriminatory. You even agreed to that when comparing it to interracial marriage.

"Yes, it is equally discriminatory towards both races' ability to marry the other race. "

So, what part do we disagree on?
#1737 Aug 28 2010 at 12:05 PM Rating: Good
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The law is equally discriminatory on one level. That level, which I agreed with you on, is a strawman argument. It does nothing to support any argument that you've made thusfar.

The level that matters is the one that I keep trying to explain, the one which you keep using your puzzling semantic logic to dismiss. It is an inequality through law. You keep saying "unfairness", which seems to satisfy something in your head, though I have no idea why.
#1738Almalieque, Posted: Aug 28 2010 at 12:21 PM, Rating: Sub-Default, (Expand Post) Likewise, you keep saying "equal" to satisfy something in your head, but I do know why.
#1739 Aug 28 2010 at 12:51 PM Rating: Excellent
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Almalieque wrote:
I read that a while back, further supports my claim. What's your point?

Nothing much, I just found it amusing. I've given up trying to show you anything because it really isn't worth the effort. You're missing some basic foundation that I don't have any inclination to lay.
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#1740 Aug 28 2010 at 12:57 PM Rating: Good
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Almalieque wrote:


I don't care what word you use, as long as you use it correctly. You did, so I have nothing against your statement.

So join Bard as one of the posters who agrees with me in a debate. Congratulations!!


Oh?

Then I guess that you agree that we should strike down the ban.

No?

Then I guess we don't agree, and there's something that you're not understanding.
#1741 Aug 28 2010 at 1:14 PM Rating: Good
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oops

Edited, Aug 28th 2010 2:15pm by Xsarus
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#1742 Aug 28 2010 at 1:15 PM Rating: Excellent
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Right now, there is a ban on SSM. If no one questions it, how will it be lifted? Once it's questioned, then the opponents of SSM will have to attempt to justify it.
It is being questioned. So justify it.

Quote:
What am I dodging? I already told you in the past 35 pages, that I'm not going to actually engage in any real discussion because I don't have an argument. I'll just randomly criticize people without contributing anything.
yeah, we know.
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#1743 Aug 28 2010 at 4:18 PM Rating: Good
Jophiel wrote:
You're missing some basic foundation that I don't have any inclination to lay.


All I got from this is Joph thinks Alma is too stupid to have sex with.
#1744 Aug 28 2010 at 4:33 PM Rating: Default
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Jophiel wrote:
Nothing much, I just found it amusing. I've given up trying to show you anything because it really isn't worth the effort. You're missing some basic foundation that I don't have any inclination to lay.



Ok, for a second there , I thought you actually had something to say. I'll make sure I'll go look for that "basic formation" that I'm missing.

Eske, Star Breaker wrote:
Almalieque wrote:


I don't care what word you use, as long as you use it correctly. You did, so I have nothing against your statement.

So join Bard as one of the posters who agrees with me in a debate. Congratulations!!


Oh?

Then I guess that you agree that we should strike down the ban.

No?

Then I guess we don't agree, and there's something that you're not understanding.


Yes, we do agree, you are against "The Attack on Christmas"....

Makes sense?

No?

Then don't interject a separate argument as if one agreement is related to another...

We were specifically talking about agreeing on "Equal but not Fair" not the ban on SSM. On that particular issue, we do agree that the unity of man and a woman is equal but not fair. You just refuse to accept it even though you admitted to it.


Xsarus wrote:
it is being questioned. So justify it.


Are you even reading what I wrote? I told you already that I'm not arguing for or against the ban on SSM. I think everyone else knows that now. Asking me to justify the ban is just as dumb as me asking you to justify the ban. You aren't arguing for the ban and neither am I.

It's very simple, if the law is proven to be unjustified, then the law should be removed or altered, but you have to actually show how it's unjustified and not just say it is. What part of that don't you understand?

Why are you asking a person who is not arguing to support the ban to justify the ban?

#1745 Aug 28 2010 at 5:40 PM Rating: Excellent
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Almalieque wrote:
I'll make sure I'll go look for that "basic formation" that I'm missing.

Foundation, not formation.

And please do.
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Wow. Regular ol' Joph fan club in here.
#1746Almalieque, Posted: Aug 28 2010 at 5:41 PM, Rating: Sub-Default, (Expand Post) Nice catch...
#1747 Aug 28 2010 at 9:26 PM Rating: Excellent
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Almalieque wrote:
Jophiel wrote:
Almalieque wrote:
I'll make sure I'll go look for that "basic formation" that I'm missing.

Foundation, not formation.

And please do.


Nice catch...

I think I found it..

I was right all along.


Try again.

The foundation you lack was once taught to students before they finish High School. Then bit by bit our education system has crumbled as budgets were cut across the land.

My daughters learn more at home about American history and government then they were at school. The schools were too busy trying to manage constant fixes to the reading and math curriculum imposed by the school board and administration every 2 years and lack of supplies for the restrooms. Meanwhile all the social studies classes became mere afterthoughts to trying to prepare students for being educated citizens who can actually think for themselves, instead of following whatever the latest meme push by political pundits.

So now we have a cry for making America return to it's values.

Which ones? Slavery? Jim Crow Laws? Poll Taxes? Women not being full Citizens who's opinions matter? When I heard Beck and company saying we should return to the values that make America Great, I imagine them taking us back to the day when only white land owners could vote. Sorry, but I find that each time we have push for more equality in America, the country is far Greater then back when the government was founded.

go into historically black neighborhoods and ask the senior citizens what life was like before Civil Rights finally started to bear fruit in the late 60's. MLK Jr. Dream is still a long way off for most of us who remember how life was back then.

Sorry folks until we can learn not to judge others due to them being different from us, then I will fight for equality of those left behind and pushed from out of mind, because we don't want to face our own failures to fulfill the hope of our founding fathers to build a country were all Men are truly created equal in the laws that govern us.
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#1748 Aug 28 2010 at 10:13 PM Rating: Good
I'm doing my part to help this thread along to page 40.
#1749 Aug 28 2010 at 10:40 PM Rating: Excellent
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Asking me to justify the ban is dumb
Oh I'm aware that you don't have the balls or the understanding to actually be able to take a position on something. I'm going on the off chance that you'll say something stupid in response. So far it's worked pretty well.

It is sort of refreshing that you actually ran out of meaningless criticisms and finally might have understood the point though, kudos. I'll give you benefit of the doubt here. Smiley: grin

Quote:
It's very simple, if the law is proven to be unjustified, then the law should be removed or altered, but you have to actually show how it's unjustified and not just say it is. What part of that don't you understand?
You're wrong. All I have to show is reasonable evidence to examine the law, and at that point the onus is always to justify the law rather then the other way around. I'm surprised that someone who (I'm under the impression) identifies themselves as on the right would oppose that philosophy. If the law can be justified then the onus is on the opposing party, but it always has to be justified first.

Oh also, I'm not sure what skin you use, but yellow is really really annoying and hard to read, could you stop using it?

Edited, Aug 28th 2010 11:48pm by Xsarus
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#1750 Aug 28 2010 at 11:06 PM Rating: Good
Screenshot
.

That is all.
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#1751Almalieque, Posted: Aug 28 2010 at 11:11 PM, Rating: Sub-Default, (Expand Post) I'm sorry, but no. I don't know what skin everyone uses nor can I predict it.
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