News Federal Judge Strikes Down Prop 8: California Gay Marriage Ban

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A federal judge has ruled that California's Proposition 8, which banned same-sex marriage, is unconstitutional, stating it does not provide a rational basis for discrimination against gay couples. The ruling is seen as a significant advancement for civil rights and equality, although it is expected to be appealed and may eventually reach the Supreme Court. The discussion raises questions about the legal implications of the ruling, particularly concerning the 14th Amendment and the role of the federal government versus state rights. Critics argue that the ruling does not address broader issues of marriage equality for other non-traditional unions. Ultimately, the decision emphasizes the need for equal protection under the law for all marriages recognized by the state.
  • #251
Al68 said:
The Jesus argument as I understand it is that the purpose of marriage is procreation.
Really? Then a woman would have to prove she is fertile before being issued a marriage license? If my 84 year old father wanted to marry that hot 75 year old lady down the street, he shouldn't be allowed?

The arguments against gay marriage are specious at best, and seemingly ever-changing. If you lived in Maine during the last referendum cycle you'd know exactly what I mean.
 
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  • #252
turbo-1 said:
The arguments against gay marriage are specious at best, and seemingly ever-changing. If you lived in Maine during the last referendum cycle you'd know exactly what I mean.
Reminds me of another "argument" the Prop. 8 opponents used: If we let gay people get married, they'll turn our kids gay! What about the children?!
 
  • #253
DanP said:
Unilateral contracts, and the requirement that the thing (dog, robot, whatever) is in your property would be enough. Its really not so hard.

No, the idea of marrying an inanimate object is actually fairly hard to conceive of. Again, what exactly would this entail? Whether unilateral or not, a contract has to make enforceable stipulations regarding the rights or obligations of both parties to the contract. Even if we take that away so that only one party is bound by the contract, what then does marriage to a sex doll stipulate? That you must never have sex with any doll other than the one you marry? What is the state interest in sanctioning and enforcing a contract in which neither party can be harmed by its violation?

You are beautifully illustrating the rather absurd lengths to which people will go to defend an idea.

It's like you're just saying that, linguistically, we can define the word marriage in any way we want. We can pass a law that says "marriage" now means "a property of a pebble such that it never leaves a ten foot radius." If the rock ever leaves that radius, we call that "divorce." Okay, great. What is the policy significance of this? What light does it shed upon the discussion?

It seems that you're advancing this notion simply to be able to paint the defender of gay marriage to be equally close-minded and bigoted as those opposed to gay marriage. Okay, great. How about we stipulate, right now, that, for the sake of discussion, both parties in this debate are equally close-minded and bigoted. So what? What is the policy significance of this fact? How should it guide our decision-making? What if you are about to cross a street and vampire Hitler, risen from the dead, warns you that a car is coming. Does the moral status of vampire Hitler have any bearing on the truth of his claim? Should it have an impact on whether you decide to cross the street or not?
 
  • #254
vela said:
Reminds me of another "argument" the Prop. 8 opponents used: If we let gay people get married, they'll turn our kids gay! What about the children?!

They have a point, it's what happened when we let blacks or catholics or Jews marry, it's a slippery slope.
Suppose we allowed people to marry Belgians - would you want your children growing up Belgian!
 
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  • #255
mgb_phys said:
Suppose we allowed people to marry Belgians - would you want your children growing up Belgian!
Why not? Damn fine waffles!
 
  • #256
From what I understand, this may be a done deal - Prop 8 is null and void. Those supporting Prop 8 may not have a right to appeal the case.

With the state now refusing to defend the same-sex marriage ban, plaintiffs lawyers insist that the Proposition 8 campaign no longer has a legal right to appeal the case and defend the state law on its own. The 9th Circuit has been asked to address that issue as well.

Proposition 8 lawyers argue they have a legal right to defend the law on appeal.
http://www.mercurynews.com/politics-government/ci_15789312?nclick_check=1
 
  • #257
DanP said:
Do you believe that persons engaging in the zoophilia have the same rights as the rest of us ? If not, maybe miraculously you will raise at the level one day :P

zoophilia is animal abuse, a crime in many countries. Convicted 'zoophiles' may therefore lose some of their rights. If you are talking about the right to marry, this has been discussed at length in previous posts - the argument is that any marriage requires the consent of both parties (animals are unable to consent).

DanP said:
Yes we did. We as society slowly grown up to accept them and offer them more and more support.

what tangible 'support' have you personally given to gay people, other than being generous enough to 'accept' them?

Is not really about a discrimination.

Discrimination is treating people differently. Denying a right, granted to 90% of the population, to the remaining 10% is quintessentially discriminatory.

Since the dawn of law, marriage was understand as a union between male and female. Its still the staus quo in most of the civilized world. But it changes slowly. The society do not really discriminate the gays saying they can't marry. They just observe tradition and the laws flowing from this tradition.

Where did that definition of marriage come from and can you explain to me why people should blindly accept this seemingly arbitrary definition?

It;s not that small thing to bend tradition and law to allow them marriage. Discrimination can be purely avoided giving civil unions the same rights as to the married ppl. But no, they want "marriage". Well, this required the greater part of society a serious effort to be accepted. So yeah, Id say we (the society, which includes me) did something for them.

you are in a minority if you think that affording gay people the same rights as straight people requires "serious effort".
 
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  • #258
turbo-1 said:
Al68 said:
The Jesus argument as I understand it is that the purpose of marriage is procreation.
Really?
That's what I thought it was. Is there a different Jesus argument that Jack21222 could be referring to? Could be the "gay sex is a sin" argument, but my point would be the same either way.
Then a woman would have to prove she is fertile before being issued a marriage license? If my 84 year old father wanted to marry that hot 75 year old lady down the street, he shouldn't be allowed?
I don't know if the "Jesus argument" advocates want an age limit for women or not, but I've never heard of it. Are you under the impression that I thought it was a good argument? I said it was different from arguments against interracial marriage, not that it was a valid argument. I think it's both incorrect and counter-productive to claim that there is no difference between those issues.
The arguments against gay marriage are specious at best, and seemingly ever-changing.
I still think my (only) argument against gay marriage is the best one: Gay people have suffered enough already. :approve:

At least it seems like the most valid argument to me.
 
  • #259
Al68 said:
The dictionary argument as I understand it is that a marriage by definition is between man and woman.

People defined marriage as between a "man and woman of the same race."

The Jesus argument as I understand it is that the purpose of marriage is procreation.

People were using the Tower of Babel and the placement of different races in different areas as Biblical proof that God didn't want interracial marriage.

The issues are different because there are arguments against gay marriage that don't apply to interracial marriage

I have demonstrated otherwise.
 
  • #260
Jack21222 said:
People defined marriage as between a "man and woman of the same race."

People were using the Tower of Babel and the placement of different races in different areas as Biblical proof that God didn't want interracial marriage.

I have demonstrated otherwise.
No, you haven't. You just demonstrated substantial differences between the issues. "Man and woman of the same race" is substantially different than "man and woman". The reason you just gave for God supposedly not wanting interracial marriage is very different from the supposed reason God doesn't want gay marriage. It's not like the entire argument for both consists of just "God doesn't want it".

And the most obvious difference is simply that gender isn't race. Gender discrimination is different from racial discrimination. What possible purpose does it serve to pretend there is no difference?

Are you aware that gender discrimination is not only perfectly legal, but that government, as well as private companies and individuals, do it routinely and openly? Can we stop pretending there is no difference between gender and skin color in favor of honest debate?
 
  • #261
Al68 said:
Are you aware that gender discrimination is not only perfectly legal, but that government, as well as private companies and individuals, do it routinely and openly? Can we stop pretending there is no difference between gender and skin color in favor of honest debate?

I may be slightly thick, but I don't understand your point of view here. Could you spell it out more clearly?

Internet communication is difficult without vocal cues and nonverbal nuances.
 
  • #263
CRGreathouse said:
Al68 said:
Are you aware that gender discrimination is not only perfectly legal, but that government, as well as private companies and individuals, do it routinely and openly? Can we stop pretending there is no difference between gender and skin color in favor of honest debate?
I may be slightly thick, but I don't understand your point of view here. Could you spell it out more clearly?
I'm not sure specifically what you want clarified. The only point of view I expressed here was that gender is different than skin color. If you want examples of legal gender discrimination, a small sampling would be insurance rates, laws against being topless in public, different standards in military, different dress codes in schools and workplaces, "ladies nights", segregated restrooms, etc.
 
  • #264
mgb_phys said:
The Jesus argument
Is that like the chewbacca defense?
mgb_phys, that does not make sense!
 
  • #265
Al68 said:
The Jesus argument as I understand it is that the purpose of marriage is procreation.

That would be ironic [actually, "inappropriate"] given that, IIRC, no statements about this are attributed to Jesus.

I see a reference in Corinthians [Paul], in the new testament, but that's it. The context would not be suggestive of the justification offered, as it includes idolaters. The real fire and brimstone stuff is in the old testament.
 
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  • #266
Ivan Seeking said:
That would be ironic given that, IIRC, no statements about this are attributed to Jesus.
I think they are on the dead sea post-it notes.
Along with the bit about killing Jews and that everybody should follow Peter for 1600 years but then god wants them to all start their own churches.
 
  • #267
Al68 said:
mgb_phys, that does not make sense!
Then you must acquit - if Jesus had hired Johnnie Cochran he would have got off.
 
  • #268
mgb_phys said:
I think they are on the dead sea post-it notes.

That has nothing to do with Christian beliefs.
 
  • #269
Ivan Seeking said:
That has nothing to do with Christian beliefs.

Unless there is a Gospel I'm missing (actually there are quite a few but that's another story) there isn't an awfull lot of correlation between what Jesus said and christian beliefs.
 
  • #270
mgb_phys said:
Unless there is a Gospel I'm missing (actually there are quite a few but that's another story) there isn't an awfull lot of correlation between what Jesus said and christian beliefs.

Well, there are, but your point is about the same as mine - i.e. theory vs practice.
 
  • #271
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