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AD versus Common Era

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I'll address what hasn't been responded to by other posters:

The 14th Amendment means that the federal Bill of Rights applies to the states as well.

Unfortunately, the "total incorporation" doctrine has yet to actually be implimented in the Supreme Court. The doctrine used ever since such application began is "selective incorporation". The Court only incorporates those clauses in the Bill of Rights it deems as "essential liberties".

Believe me, I don't like it any more than you do--and neither does Justice Clarence Thomas, for one. But that's how it is with the Court right now. And the Court as of now does not consider a jury of peers to be essential enough for incorporation.

You are honestly asking what the difference is between incest and homosexuality?

Seriously?

Okay, to start with, homosexuality is not in any way harmful or bad for you,

STDs, for one.

nor does it indicate any sort of mental illness or past trauma. Whereas there are long-observed psychological mechanisms in place in mentally healthy people to prevent incest, and incest is usually seen in examples of non-consensual physical and/or emotional abuse.

"Usually seen"? Not "always" or "invariably" seen?

Again--what of scenarios involving consent?

Why would the legal age of adulthood be later than the age of consent?

Mostly because I don't question the ability of the vast majority of teenagers to engage in sexual activities without significant psychological trauma--

1) Unplanned pregnancies.

2) Afformentioned STDs.
 
You are honestly asking what the difference is between incest and homosexuality?

Seriously?

Okay, to start with, homosexuality is not in any way harmful or bad for you,

STDs, for one.

Rush Limborg, are you saying that homosexuality causes sexually transmitted diseases?

Granted, you did not express your thoughts using a complete sentence, but given what you have written there, and given the text to which you are replying, I can't see what else you might mean.

If that's not what you mean, can you clarify precisely what you do mean?
 
The rights and the label are inseparable.
Unless you're saying that being able to use the term "married" is a right

Yes, getting married is a right.

no, they aren't; there's absolutely no reason that all the legal rights attached to a marriage currently couldn't - shouldn't - be attached to a non-religious civil union instead.

How many goddamn articles do I have to link to enumerating reasons civil unions and civil marriages are not and will never be equal to one-another before someone reads them?

And if you are saying that, I'd love to see a rational defense of it (and no, "I want to be married" isn't rational).

Loving v. Virginia, which I have repeated a thousand times.

You can't rationally claim that segregated fountains are okay if the ones for black people give out some of the same water. And you cannot rationally claim that segregated marital schemes are okay just because civil unions give out some of the same rights.

The rights and the label are inseparable.

This seems to be where you keep mistaking my point. I'm not saying marriage for some and not for others. I'm saying civil unions for all.

Yes, and then when you try traveling overseas and you'll quickly discover that civil unions will be ignored by foreign jurisdictions and no one will be regarded as married, and they'll get promptly screwed over if, for instance, someone gets hurt and a spouse needs to make medical decisions -- only there ARE no spouses, because no one's really married.

You are honestly asking what the difference is between incest and homosexuality?

Seriously?

Okay, to start with, homosexuality is not in any way harmful or bad for you,
STDs, for one.

STDs aren't caused by homosexuality, they're caused by not taking common-sense safety precautions such as the use of condoms and/or by sexual promiscuity. There are plenty of sexually responsible LGBT Americans who are not promiscuous, and there are plenty of straights who are sexually irresponsible and promiscuous.

nor does it indicate any sort of mental illness or past trauma. Whereas there are long-observed psychological mechanisms in place in mentally healthy people to prevent incest, and incest is usually seen in examples of non-consensual physical and/or emotional abuse.

"Usually seen"? Not "always" or "invariably" seen?

I don't think you can reasonably make absolute statements about human psychology the way you seem to want to.

Again--what of scenarios involving consent?

My attitude would be that if it can be shown that the parties involved are not psychologically dysfunctional in some way -- are not the victims of trauma or abuse -- and that thus they have the capacity to consent, then it should be legal. However, since incest is so widely linked to abuse and an inability to consent, I think that the burden of proof that there hasn't been abuse and both parties are capable of consent should fall on the parties petitioning to marry. This is the only instance in which I think such a burden should fall on the parties.

Why would the legal age of adulthood be later than the age of consent?
Mostly because I don't question the ability of the vast majority of teenagers to engage in sexual activities without significant psychological trauma--
1) Unplanned pregnancies.

2) Afformentioned STDs.

Both are significantly decreased if teenagers are given access to comprehensive sexual education and to contraception. Mind you, the rates of sexual activity remain unchanged either way; no matter what you do, a majority of teenagers will always engage in sexual activity and this cannot be controlled or changed. This is why I don't question the ability of most teenagers to have sex without significant psychological trauma (provided, again, they receive comprehensive sex ed and access to contraception) and therefore don't object to the age of consent being lower than the age of majority.

Having said that, I'd prefer there to be some way for the ages of consent and majority to coincide, but I doubt that a large enough percentage of teenagers are psychologically mature enough at the most common age of consent (16) for that to be feasible.
 
Yes, and then when you try traveling overseas and you'll quickly discover that civil unions will be ignored by foreign jurisdictions and no one will be regarded as married, and they'll get promptly screwed over if, for instance, someone gets hurt and a spouse needs to make medical decisions -- only there ARE no spouses, because no one's really married.

Why would a foreign government recognize one and not the other?

I'm just promoting a change in terminology to allow us to move forward as a group. We spend so much time defining what 'is' is that we never seem to move forward.
 
Yes, and then when you try traveling overseas and you'll quickly discover that civil unions will be ignored by foreign jurisdictions and no one will be regarded as married, and they'll get promptly screwed over if, for instance, someone gets hurt and a spouse needs to make medical decisions -- only there ARE no spouses, because no one's really married.

Why would a foreign government recognize one and not the other?

Why would domestic governments recognize one and not the other, which happens already in real life?

I'm just promoting a change in terminology to allow us to move forward as a group.

The actual effect of your proposal would be to create a situation where certain people would be "married" in the eyes of mainstream churches and certain people wouldn't be married, and since the ones who aren't won't have a government standing behind them to say, "Yeah, they're married, deal with it," they'll end up with an unofficial status as second-class citizens.
 
Yes, and then when you try traveling overseas and you'll quickly discover that civil unions will be ignored by foreign jurisdictions and no one will be regarded as married, and they'll get promptly screwed over if, for instance, someone gets hurt and a spouse needs to make medical decisions -- only there ARE no spouses, because no one's really married.

Why would a foreign government recognize one and not the other?

Why would domestic governments recognize one and not the other, which happens already in real life?

I'm just promoting a change in terminology to allow us to move forward as a group.

The actual effect of your proposal would be to create a situation where certain people would be "married" in the eyes of mainstream churches and certain people wouldn't be married, and since the ones who aren't won't have a government standing behind them to say, "Yeah, they're married, deal with it," they'll end up with an unofficial status as second-class citizens.

Who gives a fuck what the churches think?

When a word drives division, such as marriage does, it's time to put the word out to pasture.
 
But the word wouldn't be going out to pasture. The concept isn't everyone gets marriages or everyone gets civil unions, it's that heterosexual couples get marriages and homosexual couples get civil unions, and the very fact of giving them different names makes it easy to accord rights and privileges to one and not the other. It'd be as if, a hundred fifty years ago, someone suggested bypassing all the racial arguments by not calling black people "citizens," since that word was "driving division," but instead "votable persons" (and continuing to call white people "citizens"). Even with the 14th amendment making everyone a citizen and overturning Dred Scott, there was no shortage of discrimination in the following years.

Why make things harder by having a ready-made excuse for discrimination? The wouldn't even have to rewrite the laws to marginalize "civil unions."
 
But the word wouldn't be going out to pasture. The concept isn't everyone gets marriages or everyone gets civil unions, it's that heterosexual couples get marriages and homosexual couples get civil unions, and the very fact of giving them different names makes it easy to accord rights and privileges to one and not the other. It'd be as if, a hundred fifty years ago, someone suggested bypassing all the racial arguments by not calling black people "citizens," since that word was "driving division," but instead "votable persons" (and continuing to call white people "citizens"). Even with the 14th amendment making everyone a citizen and overturning Dred Scott, there was no shortage of discrimination in the following years.

Why make things harder by having a ready-made excuse for discrimination? The wouldn't even have to rewrite the laws to marginalize "civil unions."

Once again... I'm not saying one for one group and another for a different group. :rolleyes:

This seems to be where you keep mistaking my point. I'm not saying marriage for some and not for others. I'm saying civil unions for all.

It allows all parties to move forward. Neither side may be completely happy... but that's what good compromises are made of.
 
But the word wouldn't be going out to pasture. The concept isn't everyone gets marriages or everyone gets civil unions, it's that heterosexual couples get marriages and homosexual couples get civil unions, and the very fact of giving them different names makes it easy to accord rights and privileges to one and not the other. It'd be as if, a hundred fifty years ago, someone suggested bypassing all the racial arguments by not calling black people "citizens," since that word was "driving division," but instead "votable persons" (and continuing to call white people "citizens"). Even with the 14th amendment making everyone a citizen and overturning Dred Scott, there was no shortage of discrimination in the following years.

Why make things harder by having a ready-made excuse for discrimination? The wouldn't even have to rewrite the laws to marginalize "civil unions."

Once again... I'm not saying one for one group and another for a different group. :rolleyes:

But that's the effect of what you're proposing.

It allows all parties to move forward.

No, it doesn't, it just takes away people's rights.

No compromises on this issue. None.

Equal rights for LGBTs. Period.
 
Equal rights for LGBTs. Period.

Which is exactly what I propose does. It treats everyone equally under the law. What they choose to call it in private is their business. Win meet win.
 
ZZzzzzzz...... What was the original post about?

While I can understand the issue and can see the point of view concerning lack of equality I have a hard time really getting fired up about it. There are so many other problems where our laws or lack of them has others truely suffering or even dying that I find this issue rather trivial.
 
Equal rights for LGBTs. Period.

Which is exactly what I propose does. It treats everyone equally under the law. What they choose to call it in private is their business. Win meet win.

No, your proposal would just create a system of de facto rather than de jure discrimination against LGBTs.

While I can understand the issue and can see the point of view concerning lack of equality I have a hard time really getting fired up about it. There are so many other problems where our laws or lack of them has others truely suffering or even dying that I find this issue rather trivial.

You'll be sure to tell Clay Greene that he wasn't really suffering, no doubt.
 
Once again... I'm not saying one for one group and another for a different group. :rolleyes:

And exactly how large an air conditioner are you planning to use to make Hell freeze over so the people who are against same-sex marriage see the light and volunteer to have their own marriages replaced with legally equivalent "civil unions?"
 
You'll be sure to tell Clay Greene that he wasn't really suffering, no doubt.

Terrible.

But if the legal paperwork was together (power of attorney) then Sonoma County broke the law. What makes you think they would've thought any more of a marriage certificate?
 
You'll be sure to tell Clay Greene that he wasn't really suffering, no doubt.

Terrible.

But if the legal paperwork was together (power of attorney) then Sonoma County broke the law. What makes you think they would've thought any more of a marriage certificate?

Because American political culture makes the paperwork done on an ad hoc basis less respected than actual marriage.

With an actual marriage in place, that couple has a much more formidable weapon than numerous independent pieces of paperwork that a judge can annul at will.
 
Once again... I'm not saying one for one group and another for a different group. :rolleyes:

And exactly how large an air conditioner are you planning to use to make Hell freeze over so the people who are against same-sex marriage see the light and volunteer to have their own marriages replaced with legally equivalent "civil unions?"

Like I've said before in this thread, if they changed it tomorrow I wouldn't bat an eye. I'm committed to my spouse not a word.
 
You'll be sure to tell Clay Greene that he wasn't really suffering, no doubt.

Terrible.

But if the legal paperwork was together (power of attorney) then Sonoma County broke the law. What makes you think they would've thought any more of a marriage certificate?

Because American political culture makes the paperwork done on an ad hoc basis less respected than actual marriage.

With an actual marriage in place, that couple has a much more formidable weapon than numerous independent pieces of paperwork that a judge can annul at will.

Power of attorney is very difficult to overturn, I've been down that road several times.
 
Terrible.

But if the legal paperwork was together (power of attorney) then Sonoma County broke the law. What makes you think they would've thought any more of a marriage certificate?

Because American political culture makes the paperwork done on an ad hoc basis less respected than actual marriage.

With an actual marriage in place, that couple has a much more formidable weapon than numerous independent pieces of paperwork that a judge can annul at will.

Power of attorney is very difficult to overturn, I've been down that road several times.

And yet marriages are that much harder. People have a much harder time objecting to a judge screwing around with some abstract, distant legal concept like "power of attorney" than they do to a judge screwing with a marriage.

I'm sorry, but the notion that marriages aren't an inherently more widely-respected legal instrument than other forms of paperwork is just silly.
 
I'm sorry, but the notion that marriages aren't an inherently more widely-respected legal instrument than other forms of paperwork is just silly.

Seems to me the Durable Power of Attorney in California is pretty ironclad:

http://www.bayareaseniorcare.com/files/DPOA.pdf

If Sonoma County violated that, I doubt they would've had much issue going around a marriage license.

Marriage is intuitive. If people see a judge screwing around with a marriage, they feel threatened, because their marriages could be threatened. They object. They get freaked out.

Power of attorney is not intuitive. It's an abstract thing that people don't get freaked out about if it happens to someone else. They don't feel threatened by it.

Marriage is a more powerful defense than any power of attorney could possibly be.
 
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