Supreme Court Ruling on Same Sex Marriage

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The stability is higher only because these are places where male chauvinism reigns supreme in practice if not law…
I doubt that women are better off in some marriages in the Catholic cultures. If women are so well off in Roman Catholic marriages, why are they applying for annulments at the rate of up to 50,000 per year in the USA alone?
 
I doubt that women are better off in some marriages in the Catholic cultures. If women are so well off in Roman Catholic marriages, why are they applying for annulments at the rate of up to 50,000 per year in the USA alone?
Having the freedom to choose doesn’t mean you always make the right choice the first time around. It also doesn’t mean you have to live with that mistake for the rest of your life and suffer for it. The point is that people marry because they are in love and women aren’t chattels in the West.
 
The point is that people marry because they are in love and women aren’t chattels in the West.
Not true. Some people will get married on the advice of their parents and in many cases the marriage will work out quite well. The fact that a marriage is arranged by the parents does not mean that the women are chattel. In the case of an arranged marriage, both the husband and wife go along with the wishes of the parents.
 
Your post #344] highlights some common and profound knowledge gaps both in terms of law and human sexual orientation, but we’ll start with law.

** Of course you will start with law because my post did not argue law. The four dissents of the minority destroyed any pretense that the majority decision had anything to do with law. My post dealt with the fact that homosexuals own the legalization of pederasty.**

The issue of whether or not marriage is a fundamental right was decided in Loving v. Virginia.

Please. That case dealt with the fundamental right to inter-racial marriage.

In this case, the Supreme Court did what it has always done when addressing legal questions pertaining to fundamental rights. It only assessed whether or not the State has a compelling interest in narrowing the people’s application of that right in the case of same-sex couples and found that the State had none.

That’s only because five Justices usurped States’ rights, in complete disregard of the Constitution, to decide the issue.

That does not mean it would find the same to be true in terms of number, age, or any other attribute.

That’s irrelevant to my incontrovertible point that the Court legalized pederasty under conditions established by States regarding non-same sex marriage. Homosexuals made no effort during argument to limit what they were asking the Court to allow. Now they must own it.
 
The entirety of American history is full of arbitrary exercises of power; why go to the Nazis to find an example? Going Godwin is unnecessary, intellectually dishonest, and can easily be thrown back in the arguers face.
How is it intellectually dishonest? It’s a fact that is easily verifiable, that demonstrates the point. It might be emotionally charged, but it certainly is factual. There’s no dishonesty involved. But God forbid anyone cite factual examples to prove a point out of fear of evoking someone else’s emotions. This emphasis on emotion, and that somehow a valid argument cannot be made if somebody might have their feelings hurt, has brought down the level of intellectual discourse. If anything Godwin’s law speaks not to the one making the point, but to the one hearing it.

But fine, let’s cite another example of stupid, arbitrary power by the USSC: Wickard v. Filburn.
For example, you bring up “appeals to tradition”; that was the entire basis of the Nazi social order: Kinder, Küche, Kirche. Laws were passed to promote marriage, childbirth, and the family. What does this prove? About as much as the above example.
Hardly. First, Kinder, Küche, Kirche was a product of Wilhelm II, not Nazi Germany. And neither Küche nor Kirche were common elements of traditional marriage in all cultures at all times, though certainly Kinder was.

Second, the appeal to tradition for traditional marriage has over 5 millenia of inertia. That’s a far cry short of the 40 or 50 year “tradition” of Kinder, Küche, Kirche. And it is significantly less than the decade of gay “marriage.” Five lawyers in black robes discarded 5,000+ years of tradition in favor of the current social fad in America.
 
Second, the appeal to tradition for traditional marriage has over 5 millenia of inertia. That’s a far cry short of the 40 or 50 year “tradition” of Kinder, Küche, Kirche. And it is significantly less than the decade of gay “marriage.” Five lawyers in black robes discarded 5,000+ years of tradition in favor of the current social fad in America.
The problem with tradition is that it can be used to justify all sorts of heinous injustices. Slavery, segregation, the subjugation of women, institutionalized socio-economic stratification, etc. The Supreme Court has long understood that where there is conflict the law must be understood in terms favorable to those who must live under them rather than those who turned to dust centuries ago. 5,000 years brought many changes to the institution of marriage and what people were doing 5,000 years ago has no role play in a decision that impacts people today. Besides, monogamy is a comparatively recent development in the history of marriage. Tradition would dictate that polygamy should be legal. Is that the path you wish to take?
 
The problem with tradition is that it can be used to justify all sorts of heinous injustices. Slavery, segregation, the subjugation of women, institutionalized socio-economic stratification, etc. The Supreme Court has long understood that where there is conflict the law must be understood in terms favorable to those who must live under them rather than those who turned to dust centuries ago. 5,000 years brought many changes to the institution of marriage and what people were doing 5,000 years ago has no role play in a decision that impacts people today. Besides, monogamy is a comparatively recent development in the history of marriage. Tradition would dictate that polygamy should be legal. Is that the path you wish to take?
Truth is the path we wish to take.

Forget all the Benthamite analysis.
 
The Supreme Court has long understood that where there is conflict the law must be understood in terms favorable to those who must live under them rather than those who turned to dust centuries ago.
The SC had to come up with a new meaning for “liberty” to find something in the law to justify a fundamental change to a long standing institution. It fixed what you view as a conflict by changing the definitions. This is nominalism at its worst. It’s not grounded in reality, but in the mental vision of five black robed figures.
5,000 years brought many changes to the institution of marriage and what people were doing 5,000 years ago has no role play in a decision that impacts people today.
That’s not what I said. I didn’t say “what people were doing 5,000 years ago.” I said what people have been doing for the last 5,000 years. It isn’t a single point in time event. It is a 5,000 year continuum.
Besides, monogamy is a comparatively recent development in the history of marriage.
Compared to what? Gay “marriage”? Please.

Besides, Romans and Greeks practiced monogamy 2,000 years ago. And even among older civilizations, monogamy was the norm even if bigamy or polygamy (or other forms of plural marriage) were legal or tolerated. And when it did occur, it most occurred among the elite. Monogamy wasn’t the aberration, plural marriage was.
Tradition would dictate that polygamy should be legal. Is that the path you wish to take?
Tradition says that monogamy has been the norm for five millenia, especially in western society. The quote, “exceptio probat regulam in casibus non exceptis” comes to mind. The general rule is that marriage is monogamous. So, no, I don’t agree that “[t]radition would dictate that polygamy should be legal.”
 
As St. Patrick’s has little to do with Ireland, its supposed rationale, reasons are ultimately irrelevant.
Oh, please, St. Patrick’s day is a national holiday in Ireland (and was recognized there first as a religious holiday/feast), and although it has lost its religious roots (as Christmas and Easter have to some degree), that does not mean that St. Patrick’s day can be extorted into something that it is not, i.e., a day to celebrate one’s sexuality or endorse one’s sexuality. End of story.
There are exceptions, but the main purpose of St. Patrick’s parades are to provide a socially-acceptable outlet for otherwise respectable people to for drunkenness and thuggery. So it was, time.com/17273/umass-blarney-blowout-descends-into-drunken-chaos/, so it shall presumably always be.
Is the government aware of this, because they need to be notified? :rolleyes:

p.s. I wonder what your thoughts are about Gay Pride parades (are they family friendly)? :hmmm:
 
The difference is not in the products they sell. There is no such thing as a gay wedding cake or a straight wedding cake. A cake is an inanimate object without gender or sexual orientation. The difference is the sexual orientation of the customers and it is not legal to base a decision to refuse to sell a product on that difference.
There’s no such thing as a gay “wedding”, period.

It is nonsense to force people to recognize and be a part of something that doesn’t exist.
 
Those concerns aren’t based in any legal reality. The only argument the State could really make in this case was an appeal to tradition, which is not a legal argument. Nothing else it argued held up to scrutiny. There are all sorts of legal arguments that can constitute compelling interest when it comes to the other scenarios mentioned.
Nonsense. The State has a vested interest in the next generation of society and making sure they are raised in the best possible situation. Recognizing marriage is a vested interest of the State to protect the rights of wives and children. Since there are no children from homosexual unions, there is no such thing as gay “marriage” and the State is under no requirement to recognize such.
 
How is it intellectually dishonest? It’s a fact that is easily verifiable, that demonstrates the point. It might be emotionally charged, but it certainly is factual. There’s no dishonesty involved. But God forbid anyone cite factual examples to prove a point out of fear of evoking someone else’s emotions. This emphasis on emotion, and that somehow a valid argument cannot be made if somebody might have their feelings hurt, has brought down the level of intellectual discourse. If anything Godwin’s law speaks not to the one making the point, but to the one hearing it.
The left does not like it when people bring up their past.
 
Oh, please, St. Patrick’s day is a national holiday in Ireland (and was recognized there first as a religious holiday/feast), and although it has lost its religious roots (as Christmas and Easter have to some degree), that does not mean that St. Patrick’s day can be extorted into something that it is not, i.e., a day to celebrate one’s sexuality or endorse one’s sexuality. End of story.
How is the presence of gays in a Saint Patrick Day parade any worse than using the commemoration of the birth of Christ as an excuse for rampant materialism and commerce? Compared to that, the a gay-pride float is the most minor of transgressions.
Is the government aware of this, because they need to be notified? :rolleyes:
Of course they are; thus the massive increase in police presence around such events.
p.s. I wonder what your thoughts are about Gay Pride parades (are they family friendly)? :hmmm:
Apart from the Macys Thanksgiving Parade, which is more or less a strictly-regimented giant advertisement, there are *no *family-friendly parades. All inevitably degenerate into drunkenness and violence.
 
There’s no such thing as a gay “wedding”, period.

It is nonsense to force people to recognize and be a part of something that doesn’t exist.
The battle of semantics is one that probably won’t be easily won. Phrases and words get their meanings from their usage. So long as people use a phrase to be representational of a certain concept and others interpret it as that concept then the phrase has acquired that meaning. Much to my lament that’s why the definition of “literally” now list “virtually” as one of it’s synonyms.

“Ammon Shea said:
”…]
Almost all words change their meanings. This is one of the aspects of language that is firmly established. It ought to be evident to all of us that words will take on new meanings as we generally find it confusing to read writing that is more than a few hundred years old. Many of the words carried a different significance than we give to them today…]"
(ref)

Much of our modern language is composed of words and phrases for which there were previous generations in which people refused to acknowledge the word or phrases usage. Eventually the opposition dies off. Should I have the benefit of living a long healthy life then by the time I die there may be little people left that are opposed to using the word “literally” to mean “virtually” within my culture. Similarly, given the attitude that the younger generation takes towards “gay marriage” I think the argument that it doesn’t exists will likely be gone. Even the qualifier “gay” might be obsolete from semantic drift.

(side note: a hundred years ago the phrase “gay marriage” might have been taken to mean a happy care-free marriage).
Since there are no children from homosexual unions, there is no such thing as gay “marriage” and the State is under no requirement to recognize such.
Some states recognized same sex marriage before it was recognized on a federal level. It’s recognition on a federal level would seem to constitute a requirement to recognize marriage between same sex individuals. That would seem reason to ammend your previous statement to replace the phrase “under no requirement” to “under one requirement” to be consistent with the current state of things in the USA.
 
There’s no such thing as a gay “wedding”, period.

It is nonsense to force people to recognize and be a part of something that doesn’t exist.
You’re talking about gay marriage like it’s a tangible thing that’s inherently mythical, like Santa Claus or the Loch Ness Monster. “Gay marriage” is a concept; concepts exist when enough people believe in them, and do not cease to exist when one person stops believing in them. Thus, it’s all very well to say there’s no such thing as a gay wedding, or that gay marriage doesn’t exist, but words like these are irrelevant next to the wedding licenses, ceremonies, et. al. You can also pretend that gravity doesn’t exist, or argue about the semantics of gravity, but doing so will not make you fall into the sky.
 
You’re talking about gay marriage like it’s a tangible thing that’s inherently mythical, like Santa Claus or the Loch Ness Monster. “Gay marriage” is a concept; concepts exist when enough people believe in them, and do not cease to exist when one person stops believing in them. Thus, it’s all very well to say there’s no such thing as a gay wedding, or that gay marriage doesn’t exist, but words like these are irrelevant next to the wedding licenses, ceremonies, et. al. You can also pretend that gravity doesn’t exist, or argue about the semantics of gravity, but doing so will not make you fall into the sky.
And one can call a dog a cat but that doesn’t make it a cat.

3000 years is a long tradition to say now things change. The leader of North Korea may punish people if they do not see things his way.
 
You’re talking about gay marriage like it’s a tangible thing that’s inherently mythical, like Santa Claus or the Loch Ness Monster. “Gay marriage” is a concept; concepts exist when enough people believe in them, and do not cease to exist when one person stops believing in them. Thus, it’s all very well to say there’s no such thing as a gay wedding, or that gay marriage doesn’t exist, but words like these are irrelevant next to the wedding licenses, ceremonies, et. al. You can also pretend that gravity doesn’t exist, or argue about the semantics of gravity, but doing so will not make you fall into the sky.
You can dream of the concept of a square circle. But now matter how much you dream of it or believe one exists, it never will. Same with homosexual “marriage”. There can be entire ceremonies celebrating this fiction, but that won’t make it real.
 
How is the presence of gays in a Saint Patrick Day parade any worse than using the commemoration of the birth of Christ as an excuse for rampant materialism and commerce? Compared to that, the a gay-pride float is the most minor of transgressions.
You never seem to stick to what I’ve actually said, i.e., I don’t mind the presence of gays in the parade, I don’t see why, however, this has to be an occasion wherein a gay-pride float has to be on display, i.e., a St. Patrick’s parade has nothing to do with sexuality, and that’s the point you’re not getting. Moreover, I do not like the commercializing of Christmas (not to the extent that it has; it’s true meaning has been usurped).
Of course they are; thus the massive increase in police presence around such events.
There are always police on hand at parades, however, the majority of spectators at a St. Patrick’s parade are not drunks or thugs, i.e., many families partake in the revelry and spectacle. Moreover, If there were major issues of thuggish behaviour and/or drunkenness and/or lewdness at the many St. Patrick’s parades throughout N.A then I’m certain like the authorities in Hoboken did, they would cancel said parade.
Apart from the Macys Thanksgiving Parade, which is more or less a strictly-regimented giant advertisement, there are *no *family-friendly parades. All inevitably degenerate into drunkenness and violence.
I’m not sure where you come from, but during our St. Patrick’s parade (the biggest of it’s kind in N.A.), there have been no major issues of drunkenness or violence, and it is very family friendly. :confused:
 
How is it intellectually dishonest? It’s a fact that is easily verifiable, that demonstrates the point. It might be emotionally charged, but it certainly is factual.
The implication given is that its association to Naziism makes it invalid. Rather than explaining why it’s invalid, merely dropping Hitler into the mix saves one from having to do the heavy lifting of actually explaining why it was bad. It’s the epitome of intellectual laziness.
But fine, let’s cite another example of stupid, arbitrary power by the USSC: Wickard v. Filburn.
So Wickard v. Filburn allowed the government to regulate economic activity. But, as marriage has the character of an economic activity, complete with tax benefits, etc., Obergefell v. Hodges in many ways put more economic power into the hands of the people by allowing more couples to take advantage of these benefits.
Hardly. First, Kinder, Küche, Kirche was a product of Wilhelm II, not Nazi Germany. And neither Küche nor Kirche were common elements of traditional marriage in all cultures at all times, though certainly Kinder was.
The ideal has been the norm since classical antiquity. Men would go off to war, business, etc., and women would keep the home fires burning, so to speak.
Second, the appeal to tradition for traditional marriage has over 5 millenia of inertia. That’s a far cry short of the 40 or 50 year “tradition” of Kinder, Küche, Kirche. And it is significantly less than the decade of gay “marriage.” Five lawyers in black robes discarded 5,000+ years of tradition in favor of the current social fad in America.
The problems with the argument from tradition are twofold: One, no one has as of yet explained how this decision *negates *the history of the marriage institution, and two, there is no set, universally-recognized arbiter of the traditional definition of marriage.
 
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