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Judge strikes down Wisconsin gay marriage ban[W:287:411]

re: Judge strikes down Wisconsin gay marriage ban[W:287]


Go ahead and revise history if you wish.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]


"Next thing you know they'll be wanting to go back to living in caves. There's always been a lottery." -Old Man Warner
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

Actually, the introduction of no-fault divorce was regarded with some controversy. Divorce was certainly not considered a very good thing a few decades ago. People have just become so accustomed to it that it is much less contentious.

And so it shall be with same sex marriage. And, in fact, so it already is in a number of places now.


http://www.msnbc.com/msnbc/10th-anniversary-marriage-equality-ma

85% of people who have to live in a state with ssm came to the same conclusion we already predicted ourselves: if two other people of the same gender get married, but the infrastructure to our own marriage remains unchanged, then what's the big deal? Answer: none at all. Unless you hate the Red Sox, that is, in which case some might argue same sex marriage was a disaster.


http://thinkprogress.org/lgbt/2013/09/27/2691621/marriage-massachusetts-ten-years/
 
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re: Judge strikes down Wisconsin gay marriage ban[W:287]

Your talk of intent is ad hominem.

Please review the meaning of "ad hominem" and get back to me on that.

You are attempting to dismiss my constitutional argument based on this notion that you think I have some kind of ulterior motives.

I am dismissing the notion that it is a constitutional argument. Everything you mention is a reference to a previous court ruling, not anything contained within the Constitution.


Are you not paying attention? The point is not whether they considered the possibility, but that it was not some completely alien concept. Homosexuality was around back then too, unlike nuclear weapons and the Internet. If your argument is that because they did not think something they never considered unconstitutional would one day be considered unconstitutional on the basis of their wording and therefore it is fair game then you are really just dismissing the whole idea that their intent mattered. You are not arguing that the constitution or the law matters, but that what the judges decide matters.


Usage of "gender" in this case is just a comical distortion of even the original court rulings, never mind the Constitution.

Interracial marriage was illegal until it wasn't. Sodomy was illegal until it wasn't. Are you saying both of those things should still be illegal because the people who wrote the 14th amendment hadn't overturned those laws?

Actually, those who were from the Republican Party and the North generally opposed laws against interracial marriage and many Northern states did not even pass such laws. However, the original intent question is not whether they thought it applied to a specific thing, but how it applied to any issue. The time it was created the law was about insuring laws did not single out freed slaves for unusual punishment or restrictions under the law. No one is penalized by the mere lack of recognition for a gay marriage.

What grounds, in the Const, do you see for recognizing marriage? (If you do)

I don't think the Constitution ever had anything to say about marriage explicitly or implicitly.

Can you please give some specifics on how the institution of marriage is being changed? Besides gender?

Are you suggesting that is not a significant change that would impact all of society?

And so it shall be with same sex marriage. And, in fact, so it already is in a number of places now.

I do not dispute that it will become less contentious and already has in some places, but, while I am not inclined to view it as potentially harmful, one cannot act as though ten years of legal gay marriage is sufficient to gauge the impact on society. No-fault divorce has definitely had an impact on society and the institution of marriage.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

Are you suggesting that is not a significant change that would impact all of society?

Well, to be fair, any positive change toward civil liberties will have an impact on society, albeit a positive one.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

I don't think the Constitution ever had anything to say about marriage explicitly or implicitly.

Are you suggesting that is not a significant change that would impact all of society?

.


I agree, the Const. didnt and doesnt. However it does cover discrimination and due process and equality. So I see SSM as the right thing to do.

And how will it impact all of society? It will be recognized by all society but aside from that, what impacts will it have?
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]


(bold mine)

This is a question those who oppose ssm can't answer, along with related questions like "how does it directly impact you?" Instead they can only answer that it will be different than before, that tradition is being overturned, etc. But specifics as to what they think we're heading towards? None at all.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

The reality is....those who oppose marriage equality really only have themselves to blame. If they hadn't fought so hard to deny gays domestic partnerships, we probably wouldn't be here today where marriage equality will be the law of the land. Many gays were fine with domestic partnerships having equal footing to straight marriage...but that was before the right-wing fought tooth and nail to deny those. Now....all of sudden, the right-wing is crying "Why aren't domestic partnerships enough.....why do you have to take our word away from us". To that supporters of marriage equality say...."Sorry.....too little too late....you can take your "domestic partnerships" and shove them where the sun doesn't shin....because marriage equality will be nationwide within a couple of years."
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

Well, to be fair, any positive change toward civil liberties will have an impact on society, albeit a positive one.

As I said, you obviously think it would be a change for the better. You do not know it will, but just have a firm belief.

I agree, the Const. didnt and doesnt. However it does cover discrimination and due process and equality. So I see SSM as the right thing to do.

It does not mandate equality in all things or no discrimination in all things. Many forms of discrimination exist that are completely legal. Age discrimination is legal and common, for instance. Discrimination on the basis of criminal history is also common and legal.

And how will it impact all of society? It will be recognized by all society but aside from that, what impacts will it have?

That would be difficult to fully define without it occurring, though there would have to be a change in perception about marriage and same-sex relationships. Admittedly the greater social concern for me are how various actions related to it are developing. I mentioned the wedding cake and photography issues before as an example. Non-recognition of gay marriage being declared unconstitutional at the Supreme Court level would increase the occurrence of such cases. Unfortunately, I am concerned about how certain people will react to that. Most on the receiving end of such suits are just acting according to their religious beliefs and only limiting themselves with respect to events involving marriage, not other matters. Judges appointed by one side of the debate ruling in favor of their side of the debate and forcing legal recognition even in the states most fervently opposed to gay marriage is something that could create a serious backlash.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

I am dismissing the notion that it is a constitutional argument. Everything you mention is a reference to a previous court ruling, not anything contained within the Constitution.
Equal protection under the law is mentioned in the constitution.

They can't have an intent about a subject they never considered. I didn't say their intent was irrelevant, you said they didn't have an intent at all.

Usage of "gender" in this case is just a comical distortion of even the original court rulings, never mind the Constitution.
If you think defining marriage as between a man and a woman is anything but a classification of gender, you are free to explain that.

You are reading an intent to only apply to freed slaves, but that is unwarranted. Equal protection was written broadly, intentionally. To you, apparently, it doesn't apply to anything because it doesn't actually say anything specific. People argued that it was still equal protection to punish blacks more than whites for the same crime, because you were punishing all blacks equally and all whites equally. According to you, that's apparently constitutional because the 14th amendment doesn't say it's unconstitutional.

No one is penalized by the mere lack of recognition for a gay marriage.
False.
 
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re: Judge strikes down Wisconsin gay marriage ban[W:287]


Oh that's just silly.... Gay's who have children, guess what? The bio parent wins... Just like in hetero child rearing.. Oh wait..


Tim-
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]


Perhaps but his oath is to uphold the constitution and the so-called DOMA was a complete utter failure at that.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]


So then what happens if they passed such an amendment but without repealing other amendments it would violate like the 14th? Talk about a farce in that case.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]


Reveals the extent of their bigotry quite nicely doesn't it and yeah, it's definitely laugh in their faces time. Although i really think DPs would have just slowed down the fight for marriage, since the significance is more than a word. The federal govt grants over 1000 rights based on marriage license, not DPs, and the federal govt can never agree on anything. Consequently, some of the first states to have DPs now have marriage equality.

DPs are also absurdly easy to deny rights to, even when they're legal. For instance, the bigot governor in my state opted to prevent partner benefits to state employees who got a DP, in one of the cities that allows those. He said too bad, we require marriage license. It seems close to impossible to make DPs equal with all the legal wrangling that would require, compared to a federal judge simply striking down a state marriage ban.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

Now two counties up here are putting holds on SS marriage, Washington and Racine counties, just in case the judge is over ruled. The WI AG is taking his appeal up the the 7th. circuit court of appeals.


Marriages continue: ACLU late Monday submits same-sex marriage order to Judge Crabb | FOX6Now.com
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]



Never got an answer for this....no explanation of who was keeping up those higher standards today or how gays could possibly debase marriage further than straight couples already have.

 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

I think homosexuals should be very happy with civil unions. It's the state that might not be happy with them. Hey, in my lifetime we went from homosexuality being illegal to civil unions. What's not to be happy about that for homosexuals?

So what you are saying is that homosexual should be happy it is no longer illegal to be themselves. wow just wow.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

Perhaps but his oath is to uphold the constitution and the so-called DOMA was a complete utter failure at that.

That is true, but which would you personally rather be dealing with, a Constitutional Amendment (which would still be in place, and likely for a while, possibly making it much harder for states to even individually recognize same sex marriage, depending on how it was written) or a now struck down DOMA?

Unfortunately sometimes we do have to do things that are wrong to avoid bigger problems due to human nature and the beliefs of others.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

So then what happens if they passed such an amendment but without repealing other amendments it would violate like the 14th? Talk about a farce in that case.

No. Amendments can never be unconstitutional. The 14th Amendment would simply not apply to same sex marriages. It would apply in every other case. It would basically be an exception. This is why after the state marriage bans were placed into the state constitutions, any challenges had to go to federal court and be claimed as a violation of the US Constitution, which takes precedent over any state constitutions.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]



I agree that DP's would have just delayed the inevitable....but gay marriage would have been years down the road and would have rolled in at a much slower pace. The snowballing effect we are seeing toda is a direct result of ultra-conseratives fighting against DP's and the effect of the aftermath. They only have themselves to blame.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

Oh that's just silly.... Gay's who have children, guess what? The bio parent wins... Just like in hetero child rearing.. Oh wait..


Tim-

And what's your point? You were saying that SSM shouldn't be allowed because of the children. Lame reason since whether or not SSM is legal, gays can still raise children. Your point was refuted.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]


Many of us have known all along that all same sex marriage bans were unconstitutional. Basically, Scalia pointed out what was true but he himself could not see the actual logic in the ruling of Windsor. Windsor gives these judges a case to reference here, but it isn't the reason those bans are unconstitutional. That reference is important in at least some of those states because some states simply have too many people that oppose same sex marriage still (despite that support decreasing every day).

But just because a ruling can be referenced in foreseeable future cases, does not make the ruling wrong. That is where Scalia's "logic" fails.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

So what you are saying is that homosexual should be happy it is no longer illegal to be themselves. wow just wow.

Are you saying that homosexuals define themselves entirely by their sex acts? Well, now that you mention it, I guess they do.
 
re: Judge strikes down Wisconsin gay marriage ban[W:287]

Are you saying that homosexuals define themselves entirely by their sex acts? Well, now that you mention it, I guess they do.

Not the argument he made at all.
 
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