Federal judge overturns Utah's ban on gay marriage

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Baloney. In no way am I thinking of an idealized marriage but trying to drill down to the essential elements of what makes marriage unique from every other legal and/or religious relationship. Traditionally in America, marriage has been one man and one woman, for life or until dissolved through legal means. Recently some states through judicial fiat, executive order or less often through a vote of the people (poor things citizens seem not to count anymore!) “marriage” has been expanded to those who profess a sexual activity with like gender individuals. Thus marriage has lost its unique characteristic. This not only demeans the term since it’s now based on a sex practice or orientation, both of which are transitory, changeable and not inherent in the parties as is gender, it also allows other supposedly aggrieved parties to avail themselves of the federal benefits, use their “marriage” as a cudgel to demand retribution, and provide state support for an unhealthy, non-procreative by definition, activity.

So the state has elevated homosexual sex to something to be celebrated. I beg to differ and maintain that if marriage is to have any real meaning, it has to have unique characteristics that prevents its expansion into anything the parties so wish. We’ve already seen the detrimental impact of these “marriages” and I suspect it will only become worse as our society spirals down in the image of Ancient Rome.

Lisa
Regarding same-sex “marriage”, we’re already far past what even ancient Rome considered acceptable. They understood that marriage was something that could only exist between male and female because of the unique nature of that union. Men did engage in same-sex “weddings”, but the legal impact of these was zero, and such men were targets of mockery by their contemporaries for trying to force an impossibility.
 
It is not that same sex marriage is the only thing that will destabilize and sink marriage. Obviously not. That destabilization was begun with contraception, continued with the acceptance of divorce, serial monogamy, extramarital relations, and cohabitation. Marriage had to first be nearly destroyed in order for same sex ‘marriage’ even to be envisioned as possible. So same sex unions won’t be the cause of the death of marriage, just the final nail in the coffin of marriage, because it finally takes the very essence out of the institution and still calls it by the same name.

Contraception unlinked children from marriage; divorce unlinked permanence from marriage; extramarital sex unlinked commitment from marriage; now, same sex unions unlink even the essential sexual complementarity from marriage. Is it dead yet?
👍👍
 
Consider the definition I provided earlier: “Marriage (also called matrimony or wedlock) is a socially or ritually recognized union or legal contract between spouses that establishes rights and obligations between them, between them and their children, and between them and their in-laws.” Legal issues related to parenthood are one part of this definition but they do not comprise the entire definition.
Actually what Monkey is saying is right. Your definition is an evolved definition of what marriage has evolved after being in existence for thousands of year. If you look at the origin of marriage from a strict secular and legal point of view in its very beginning…back in the day when no marriage existed at all nowhere and before humans settled down… That was the reason why marriage was invented, to establish paternity and create a system within a patriarchy to traspass property. Read the origin of family, estate and private property by Frederick Engel.
 
Actually what Monkey is saying is right. Your definition is an evolved definition of whatarriage has evolved. If you look at the origin of marriage from a strict secular and legal point of view in it beginning…back in the day when no marriage existed at all… That was the reason whymarriage was invented, to establish paternity and create a system within a patriarchy to traspass property. Read the origin of family by Frederick Engel.
Marriage was also seen in Judaism and Christianity from the earliest times. It always involved a male and female component albeit in some Jewish marriages, multiple wives were possible. The purpose was not only to provide property rights to offspring but according to a Jewish historian, it was to get the “male sexual genie into the marriage bottle” thereby creating a more stable society. Judaism soundly rejected homosexual relations as part of their societal structure. In other cases homosexual activity was encouraged or even celebrated (can we say Greek style…) but never in those cases was marriage extended to what were said to be extremely close emotional and sexual relationships.

Now modern society which knows much more than the wisdom of the ages has decided “marriage” is all about elevating homosexual sex in the peculiarly Leftist homage to a perverted image of “equality.”

Lisa
 
Traditionally in America, marriage has been one man and one woman, for life or until dissolved through legal means.
As long as you ignore the traditions of those pesky native Americans! :rolleyes:
 
We are talking about Utah an overwhelmingly Mormon state. Mormon teaching says that in order to be ‘exalted’, become a “god”. You must marry and have children to provide bodies for the ‘spirit children’ waiting. So they almost despise homosexual since they cannot reproduce.

That’s right, heresy.

I think Utah should be considered a separate case.
 
There’s a pretty big assumption around here that opposite-sex marriages are somehow superior to same-sex ones. I fail to see how this is the case. Further, any assumption that same-sex marriages harm or insult opposite-sex ones says more about one’s disdain for LGBT people than it does about any support for ‘tradition.’
 
🤷 That’s definitely relevant…
It is true that there were unions - not marriages - between two individuals of the same physical sex in some native cultures, but those unions were understood by the culture as being between two distinct genders. The relevant term (at least, the one which can be easily typed using a standard keyboard) is “hwame” - the Mojave term for what we would today call a transsexual - physically one sex, but believing they were another. In some cultures, these individuals were seen as having magical powers unavailable to fully male or fully female individuals.

This history has been hijacked by gay Amerind activists and their supporters under the label “Two-Spirit” in an attempt to give legitimacy to same-sex “marriage” by claiming that these individuals were actually gay, not transsexual. In cultures where hwame existed, there is no record of “marriage” between - as understood by the culture - two fully male individuals, two fully female individuals, or two hwame. In unions between male or female and hwame, these relationships were not on the same level as male/female marriages, as there was no change in the existing children’s familial relationships. For example, in patrilineal societies, if a woman with children married a man, those children became part of her new husband’s family line. If that same woman entered into a union with a hwame, the children remained part of their biological father’s line.
 
There’s a pretty big assumption around here that opposite-sex marriages are somehow superior to same-sex ones. I fail to see how this is the case. Further, any assumption that same-sex marriages harm or insult opposite-sex ones says more about one’s disdain for LGBT people than it does about any support for ‘tradition.’
Fascinating pair of Strawmen!
  1. Opposite sex marriages can produce children, same sex “marriages” cannot. That seems like an amazing advantage for society and its future. So yes they are superior in perpetuating society.
  2. The “how does it hurt my marriage meme” has been kicked to the curb numerous times as a totally irrelevant Red Herring. It’s meaningless. You could as easily say how does a bank robbery down the street hurt my account? How does the child abuser next door hurt my children? Marriage overall has impact on overall society. It’s not about whether one individual marriage or “marriage” impacts another individual marriage. It’s about the impact of the institution on society.
  3. Kicking back an argument that “you’re a homophobe” if you don’t agree with same sex marriage is also specious.
Lisa
 
It is true that there were unions - not marriages - between two individuals of the same physical sex in some native cultures, but those unions were understood by the culture as being between two distinct genders. The relevant term (at least, the one which can be easily typed using a standard keyboard) is “hwame” - the Mojave term for what we would today call a transsexual - physically one sex, but believing they were another. In some cultures, these individuals were seen as having magical powers unavailable to fully male or fully female individuals.

This history has been hijacked by gay Amerind activists and their supporters under the label “Two-Spirit” in an attempt to give legitimacy to same-sex “marriage” by claiming that these individuals were actually gay, not transsexual. In cultures where hwame existed, there is no record of “marriage” between - as understood by the culture - two fully male individuals, two fully female individuals, or two hwame. In unions between male or female and hwame, these relationships were not on the same level as male/female marriages, as there was no change in the existing children’s familial relationships. For example, in patrilineal societies, if a woman with children married a man, those children became part of her new husband’s family line. If that same woman entered into a union with a hwame, the children remained part of their biological father’s line.
Oh I LOVE how facts get in the way of a good story! Thank you
Lisa
 
It is true that there were unions - not marriages
What is your evidence for that assertion? They are referred to as marriages in every contemporary account - indeed every account other than yours - that I have seen.
  • between two individuals of the same physical sex in some native cultures, but those unions were understood by the culture as being between two distinct genders.
But the same physical sex.

Certainly not a man and a woman.
The relevant term (at least, the one which can be easily typed using a standard keyboard) is “hwame” - the Mojave term for what we would today call a transsexual - physically one sex, but believing they were another. In some cultures, these individuals were seen as having magical powers unavailable to fully male or fully female individuals.
Hwame is only one term, and the interpretation you give it is unorthodox to say the least.
For example, in patrilineal societies, if a woman with children married a man, those children became part of her new husband’s family line. If that same woman entered into a union with a hwame, the children remained part of their biological father’s line.
Gosh, so they recognised that two physical women could not produce a child together. How does this prove that they were not considered married even though contemporary sources refer to them as married?

Edit to add: Actually, according to George Devereux “Institutionalized Homosexuality of the Mohave Indians.” Human Biology 9 (1937) pages 498 - 527, if a hwame (physically female) married a pregnant woman, he/she/whateverthepronounis could in fact claim paternity although this did not change the child’s family line. Referred to in this Google book preview, but linking to those can be a bit flaky.
 
In no way am I thinking of an idealized marriage but trying to drill down to the essential elements of what makes marriage unique from every other legal and/or religious relationship.
What makes it unique is the use of the word “marriage” in the relevant statutes.
Traditionally in America…
… women were not allowed to vote, slavery was legal and Native Americans were not counted in censuses. Oh, and everybody lived like the Amish with neither cars nor televisions.

Things change. We are seeing changes taking place at the moment.

rossum
 
What makes it unique is the use of the word “marriage” in the relevant statutes.

… women were not allowed to vote, slavery was legal and Native Americans were not counted in censuses. Oh, and everybody lived like the Amish with neither cars nor televisions.

**Things change. ** We are seeing changes taking place at the moment.

rossum
Except homosexual sex will never be equivalent to heterosexual sex, the latter being essential to marriage as a configuration having the potential and ability of naturally producing the next generations of citizens.

It does not matter that every marriage between a man and a woman does not produce a child (most marrying or married men are not post-orchidectomy and most women are not post menopausal!) and that the state in certain jurisdictions made the mistake of accommodating same sexed couples as partners to a civil marriage.
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Except homosexual sex will never be equivalent to heterosexual sex, the latter being essential to marriage as a configuration having the potential and ability of naturally producing the next generations of citizens.

It does not matter that every marriage between a man and a woman does not produce a child (most marrying or married men are not post-orchidectomy and most women are not post menopausal!) and that the state in certain jurisdictions made the mistake of accommodating same sexed couples as partners to a civil marriage.
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Thank you for speaking the truth and the obvious instead of tossing out ridiculous examples of obscure practices of yesteryear. Heterosexual marriage has potential if not ability to create new citizens and until we learn how to live healthily forever, we will all need an up and coming generation. Thus heterosexual marriages ARE superior to any same sex “marriage” however nice and however productive the couple might be as only this marriage can assure the survival of society.

There seem to be only self interest reasons for demanding same sex marriage. Like the character in the movie “I want what she’s having…” It’s a demand for federal benefits, it’s an opportunity to “stick it” to those who disagree either through harassment or lawsuits or to pretend that same sex couples are the equivalent of man/woman marriage.

Too bad so much time and energy is spent debating something that can be found in a middle school biology textbook.

Lisa
 
Except homosexual sex will never be equivalent to heterosexual sex, the latter being essential to marriage as a configuration having the potential and ability of naturally producing the next generations of citizens.
Men will never be the equivalent of women, yet both men and women have the same legal rights under the law. What you have to show is that the differences justify different treatment under the law. The differences between men and women do not generally justify different treatment so they are treated equally in law.

For example, what differences between heterosexual relationships and homosexual relationships justify different treatment under tax laws?

rossum
 
Men will never be the equivalent of women, yet both men and women have the same legal rights under the law. What you have to show is that the differences justify different treatment under the law. The differences between men and women do not generally justify different treatment so they are treated equally in law.

For example, what differences between heterosexual relationships and homosexual relationships justify different treatment under tax laws?

rossum
Sexual relationships are irrelevant with respect to tax laws.

Lisa
 
Will the federal judge overturn the ban on Polygamy?? How does the very same government that allows man and man to marry, ban man from marrying multiple women? So much for equality right?? Just a thought out of the box. 🤷
 
Will the federal judge overturn the ban on Polygamy?? How does the very same government that allows man and man to marry, ban man from marrying multiple women? So much for equality right?? Just a thought out of the box. 🤷
Not out of the box at all and in fact has been kicked around some. If marriage means nothing then marriage means anything the vested parties want it to mean. I see no reason to ban polygamy or any sort of plural marriage if two of the same sex can “marry.”

Lisa
 
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