Register | Sign In


Understanding through Discussion


EvC Forum active members: 65 (9164 total)
8 online now:
Newest Member: ChatGPT
Post Volume: Total: 916,919 Year: 4,176/9,624 Month: 1,047/974 Week: 6/368 Day: 6/11 Hour: 1/2


Thread  Details

Email This Thread
Newer Topic | Older Topic
  
Author Topic:   Amendment # 28 to ban Gay marriage!
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 47 of 97 (86274)
02-14-2004 12:30 PM
Reply to: Message 46 by crashfrog
02-14-2004 10:31 AM


Once again into the breach... I'll repeat this for those that have not seen my writings before: I am totally for gay marriage. I think gays would find a more sympathetic ear if they went for Civil Unions that had all the same rights as marriage, but the argument (which the Mass. Court used) that it still creates a social, even if not legal rights division, rings true. So please nobody think I am against gay marriage.
However, I see points which I have countered in another thread have popped up again here...
quote:
You can have gay marriage (between two people) without having to change the marriage laws...
This is wrong. Many if not most (or all) marriage laws are written with the assumption of a man and a woman... it is in the language of the law. This is also within the legal contracts of the law, as well as legal documents which surround marriage (for example getting a foreign spouse immigrated).
While I do not think this is a major shakeup in having to do the rewrite, things will have to be rewritten, and when it comes to laws on state books this may require the congressional assembly of the state to pass law on it. It is not just a matter of someone taking out an eraser and fixing it.
This was already seen in the Mass. issue. The state legislature was going to have to vote on the nature and wording of the new marriage legislation. I guess I could add that this is an unfunded mandate (it will cost money to change documents) which will piss some state officials off.
In some states as well there are required blood tests. Since gays cannot have children are they exempt from this, or do we force them to have it anyway because that is what is on the perreqs to get a license because they assume reproduction...
quote:
Change the number, and you really hav to redefine marriage - As Rrhain likes to ask, if A and B are married to C, are they married to each other?
Yes this question was asked, and I ANSWERED THE QUESTION MANY TIMES!!!!
It is a marriage CONTRACT. That makes it the same as the CONTRACT you sign with different credit card companies or banks. If you sign up with bank A and bank B, does that mean they are now in a financial obligation to each other?
Only if a CONTRACT stipulates that A,B, and C are all married together and they all sign it are they each married to another. If not, it is the same as a step or -in law relationship.
If people can handle the concept of having many lenders, or in laws, then one can handle the concept of polygamous marriage. The change to law and contracts will be the same (and less in some cases) then gay marriage.
I do not understand where all of this confusion is coming from. There are already areas in the US and the world which allow polygamous marriages and so there is PLENTY of examples on how they would be executed. Up until a few years ago there were no such things as gay marriages anywhere in the world.
The argument that gay marriage changes the idea or practice of marriage LESS than polygamy flies in the face of all evidence. Polygamy is already out there!
Caveat: There is a growing hatred and bigotry toward polygamy, while there is a growing acceptance of gay culture and so gay marriage. So socially these are about to do a flipflop, but that does not change the reality of the legal practice and definition of marriage both in the US and worldwide.
[This message has been edited by holmes, 02-14-2004]
[This message has been edited by holmes, 02-14-2004]

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 46 by crashfrog, posted 02-14-2004 10:31 AM crashfrog has replied

Replies to this message:
 Message 49 by berberry, posted 02-14-2004 2:25 PM Silent H has replied
 Message 54 by Rrhain, posted 02-15-2004 1:03 AM Silent H has not replied
 Message 56 by crashfrog, posted 02-15-2004 1:57 AM Silent H has replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 50 of 97 (86304)
02-14-2004 3:56 PM
Reply to: Message 49 by berberry
02-14-2004 2:25 PM


quote:
If the word does imply some sort of blessing then why on earth do we want the government granting such blessings to anyone?
I think you and I are of the same mind on this, and it probably will not ever be the popular one. I would note that in Holland they have a civil ceremony that everyone must go through, and then if you want a regular church ceremony you can go and do that (as your church would allow). That made a lot of sense to me.
Then again, when it came time for gays to get married they created yet another civil cermony just for them called a partnership. I believe this has now been changed so that everyone can choose between a civil marriage and a civil partnership. Crazy netherlanders!
quote:
I'm not sure I agree with you when you seem to imply that changing the laws to accomodate gay marriage will require a lot of work.
Ahhh... that is the next thing I usually get confused with saying. I think I'm going to have to create a boilerplate response on this issue which carefully addresses each possible implication.
I was actually not trying to imply it would take a LOT of work. I was simply rebutting the idea that it would take NO work, as if there is no real change. There is. I don't see how that becomes an issue to deny someone their rights, but there will be a change and it will cost money and time to change documents as well as legislative efforts where changes to law require state congressional approval.
If someone wanted to raise this as an issue to deny gays the right to marriage, I'd start raising how other changes to law are made all the time based on court cases and we've lived with them. So what's the problem with this case?
To my mind that argument would be similar to creationists that leave everything in science alone except for anything that touches Genesis, and THEN science is said to be flawed and making things up.
But that said, it is false to claim no changes need to be made and that it will cost nothing in time or money for states to implement the change. That's the way bureacracies work.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 49 by berberry, posted 02-14-2004 2:25 PM berberry has not replied

Replies to this message:
 Message 55 by Rrhain, posted 02-15-2004 1:24 AM Silent H has not replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 63 of 97 (86420)
02-15-2004 11:52 AM
Reply to: Message 59 by Rrhain
02-15-2004 2:15 AM


REMINDER
quote:
That's because holmes is stuck on the idea that he has only now directly expressed that marriage is a hub-and-spoke arrangement. What if it's a maximally interconnected arrangement?
I have directly expressed (though never used to the term) "hub and spoke" arrangements for Polygamous marriage. You simply refuse to understand, or are incapable of understanding.
I have also stated that "group marriage" (maximally interconnected) under SINGLE CONTRACT would be different and require more changes to laws (to take in some of the nuances this might create).
But yet again, you have not listened, or are incapable of understanding the words I have written. Both your previous two posts were filled with questions that I have already answered (in this thread and later within the posts you were addressing).
Once again, either communication is impossible between us because you refuse to understand my words, or are incapable of understanding them. Perhaps if you stopped reading and responding to each sentence as if they were disconnected would help you in this endeavor.
Amd one of the biggest indicators is that your responded to me at all. As yet another reminder:
PLEASE STOP RESPONDING TO MY POSTS.
If you have something to say regarding something I have said, please make a general reply to topic, and state counterfactuals instead of posing questions to me.
[This message has been edited by holmes, 02-15-2004]

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 59 by Rrhain, posted 02-15-2004 2:15 AM Rrhain has replied

Replies to this message:
 Message 69 by Rrhain, posted 02-15-2004 4:40 PM Silent H has replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 64 of 97 (86426)
02-15-2004 12:40 PM
Reply to: Message 56 by crashfrog
02-15-2004 1:57 AM


quote:
Well, I don't know all the laws, but when I look at my marriage license, there's no gendered terms. It lists us by name.
It all varies state by state. You are correct that no one need change things on the contract so much as the law itself, because of course the contracts can always be altered by hand by the participants in the contract (as long as they all sign the changes).
But a change in marriage law will more than likely become change in contract for accuracy, unless everyone wants to agree to use outmoded contracts from now on?
quote:
The laws may very well say "bride" and "groom" but that's hardly a gender requirement.
Well actually it is. Laws are pretty sticky about definitions of things. Bride and Groom may seem tongue and cheek to everyone not taking this "definition of marriage" thing seriously, but legally Bride and Groom are gender specific.
As noted above, they could always scratch out bride and put in groom themselves.
quote:
Does it matter? Infertile couples in the same states get the blood tests too, I imagine, as well as those with no desire for children.
Well, no desire means nothing as accidents can happen. But infertile couples is a good question. If they go in knowing they cannot have kids (not usually the case but very plausible), must they have the blood tests?
Good point on that.
quote:
When a spouse divorces, there's an obligation for support if they supplied income to the family. If you divorce a man, and you were supporting him and his wives, who do you owe support to?
To the man you have the contract with, and (to head off a possible future question) you'd owe child support for the children you had with the man and not the other women.
The family will always be defined legally the same between two persons as under any other type of marriage... your spouse and your children.
quote:
It just seems more complicated to me... Polygamy is simply one subset of plural marriages. Where's the legal precident for a marriage of three guys and two women?
Ahhhhhhh... what you are doing is looking into many different permutations of multiple marriages and so making ALL OF THEM more complicated.
I have already said (in another thread) that if we were to move to group marriages as opposed to simple polygamy, such that more than one person is legally tied to each other within the same contract, then there will be necessary changes in law (and contracts obviously) and give rise to complications.
For example, if two of the people in a five way marriage want to get divorced, but remain married to the other three... oh boy.
So yeah, I agree that group marriage will bring up complications. Whether this gives reason to deny their right to do so, or claim that because of these complications they are not appealing to the same constitutional grounds gays are, I do not agree.
But that is separate from simple polygamy, which is single contracts between partners who want to be married. You could even do group marriages this way and then NOT run into problems.
Will they be complex to handle if problems occur? Yeah, they'd have more layers, but none requiring change of law. This is the same for marriages between very rich people that have estates they want protected, or with children where some get adopted (from previous marriages) and some don't.
quote:
But just because you don't like plural marriage is hardly a reason to deny gay people their rights.
This I completely agree with. My problem is with gay marriage activists that are so in tune with their own political needs they deny that others are making the same constitutional claim as they are, simply to avoid getting tied into that other group.
Rrhain is a good example of this. I know he is not against polygamous marriage, and would probably support them when "their turn" came around. But he turns his whole argument around when it comes to whether polygamists are due their rights under the same constitutional claims as gays. He actually said at least polygamists get to marry, so they are not being deprived of their right to marry... missing the whole point of what POLYGAMY means... and the rights that would give their relationship.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 56 by crashfrog, posted 02-15-2004 1:57 AM crashfrog has replied

Replies to this message:
 Message 66 by crashfrog, posted 02-15-2004 2:47 PM Silent H has replied
 Message 71 by Rrhain, posted 02-15-2004 5:29 PM Silent H has replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 67 of 97 (86454)
02-15-2004 3:25 PM
Reply to: Message 66 by crashfrog
02-15-2004 2:47 PM


quote:
So what "contract" are you referring to? I was following you when it seemed you were talking about an implicit contract, but now it appears that you're referring to an actual, printed contract that I've never seen.
Heheheh... the license is the list of legal requirements for permission by the state to get married. It's prereqs are usually in it, including bias of one man and one woman.
The act of marriage is creating a legally binding contract between you and your spouse. The default rights/responsibilities are codified in the legal books of your states and so by marrying you agree to them, even if they are not printed all over your license.
HOWEVER, many people do not like the defaults and so create their own contracts so as to set their own agreements. A pre-nup is this kind of thing. Also, in cases of marriage between people of different nations, the marriage license may include a bit more of the "contractual" looking stuff.
I guess I am prediposed to viewing marriage as a bit more complex than everyone seems to make out here, since my step father (well ex-step father now) was a lawyer who dealt with marriage/divorce cases a lot. And (separate from this) I have been party to the complicated structures of international matrimony.
On a personal note, my family has been through numerous marriages/divorces, and more complicated than this the custodial rights (which are often codified by sex) of children from previous marriages.
Marriage is simple as long as one never has the misfortune of running into the actual laws which lie behind them.
Here is a semi-valuable site about marriage in the US (this page mentioning how it is a contract and codified as opposite sex... and on one of the pages indicates bride is "her").

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 66 by crashfrog, posted 02-15-2004 2:47 PM crashfrog has replied

Replies to this message:
 Message 70 by crashfrog, posted 02-15-2004 4:42 PM Silent H has replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 68 of 97 (86461)
02-15-2004 4:09 PM
Reply to: Message 66 by crashfrog
02-15-2004 2:47 PM


While doing a bit more research I came upon another interesting site which discusses the nature of marriage.
In particular, the site shows how marriage is defined much more broadly as a state between opposite sexes, than between two individuals. In fact, the idea that marriage is monogamous is a minority opinion among nations even today (usually confined to regions of Judeo-Xian influence... with the exception of China).
Here's the link to prevalence of polygamy. In case you don't want to skip over there here is a good quote...
Polygynous societies are about four times more numerous than monogamous ones. In 1994 , Theodore C. Bergstrom noted in his paper "On the Economics of Polygyny" [1](U. Mich. Center for Research on Economic and Social Theory, Working Paper Series 94-11)... Of 1170 societies recorded in Murdock's Ethnographic Atlas , polygyny (some men having more than one wife) is prevalent in 850.
Here's the link to legal situation of polygamy. Essentially it can be seen that where polygamy has been repressed, it is because of overt religious/cultural bigotry and NOT because it was anathema to the basic concept of marriage. In fact, the history of polygamy section on this page shows that it was accepted in Xianity for some time.
On the other hand, while same-sex marriage did exist throughout the world's history, it is much more restricted in time and cultures... not to mention generally TEMPORARY with the male partners bonding to women at some point.
Here is a link to history of same-sex marriage.
Here is a link to modern state of same-sex marriage. This link shows that UNLIKE POLYGAMY, same-sex marriage is just not that prevalent as a practice or concept of marriage.
Again, this says nothing one way or the other as to whether either should not be given proper rights within the US. It is just to say ANY appeals to the idea that same-sex marriage is less a change to the concept and practice of marriage, than is polygamy, is fallacious (or at best ethnocentric to the same degree as those saying marriage is one man and one woman).
DOMA proponents are correct in pointing out that once gay marriage is allowed there will be no logical constraint to keep the doors closed on polygamy.
Too bad for those proponents.
[This message has been edited by holmes, 02-15-2004]

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 66 by crashfrog, posted 02-15-2004 2:47 PM crashfrog has not replied

Replies to this message:
 Message 73 by Rrhain, posted 02-15-2004 5:43 PM Silent H has not replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 76 of 97 (86487)
02-15-2004 6:13 PM
Reply to: Message 70 by crashfrog
02-15-2004 4:42 PM


quote:
You keep saying we have to change these terms, that hetersexuality is "built in", but I haven't seen that anywhere in my state. I guess I'd like you to dig up at least one example of a law that says "bride and groom", or better yet, "man and woman", rather than "spouse".
Reference to this fact was in the link I provided. It may or may not be defined as such in your state. MN is pretty progressive so that wouldn't surprise me. Are you saying you want me to track down some specific state laws that specify gender?
I am unsure if I will find them online. But I will say this about that whole issue. If a person is in a state where genders are not specified anywhere, and the legal definition (or prereq) does not include opposite sexes, then I think there are no changes necessary to that state's laws or documents.
quote:
Out of curiosity, what happens if I'm married to a woman and she gets a sex-reassignment?
I believe this was in the first link I gave. And rrhain just gave a link on that specific subject.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 70 by crashfrog, posted 02-15-2004 4:42 PM crashfrog has replied

Replies to this message:
 Message 77 by crashfrog, posted 02-15-2004 6:16 PM Silent H has not replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 79 of 97 (86494)
02-15-2004 6:53 PM
Reply to: Message 69 by Rrhain
02-15-2004 4:40 PM


quote:
Grow up. If you don't like my comments, then don't read them. Nobody forces you to do anything you don't want to do. I will respond to whatever post I wish to until such time as the moderators let me know that I have overstepped the bounds.
When you hit reply to my post, an indicator pops up that I have a response to one of my posts. All I asked, and this appears to be yet something else you couldn't understand, is that you not hit reply to my posts.
If you want to comment on things I say that is fine by me, just hit the general reply at the bottom of the page instead of my post.
And then when you write your message you can do so without the pretense that you are actually discussing something with me. Ridicule my points all you want to everyone else, just stop pretending like you are talking with me.
This may even help you confine your arguments to statements of facts, rather than your usual staple of semantics and incredulity. This would include the annoying eternal incredulity of whether I have answered a question. For example:
quote:
What, specifically, would be different about the administration of marriage if we changed the words "husband" and "wife" for the word "spouse"?
NOTHING... HOW MANY TIMES MUST I WRITE THIS ANSWER BEFORE I GET YOU TO ACKNOWLEDGE I HAVE ANSWERED IT!!!!?????
(ADMINS: Please can I get some sort of restraining order on a poster who just keeps posting the same question endlessly and pretends like I am not answering him???
quote:
The closest you have done is to say that there would be printing costs reflecting the change in the law as if that actually had something to do with the rights and responsibilities that come along with the contract of marriage.
Well add to this the legislative sessions for creating actual wording for those states which need to make changes and that is it. And what does that add up to as far as changes in rights and responsibilities? NOTHING, THAT THAT IS MY WHOLE POINT!
I SUPPORT GAY MARRIAGE AND NOTHING WILL CHANGE AS FAR AS RIGHTS AND RESPONSIBILITIES OF MARRIAGE!!!!
I simply made a correction that it does not require 0 change to laws. Laws as they are written (in some states) will have to be changed and so will require some effort. Is this a reason to deny same-sex marriage? NO, AS I HAVE NOTED ALREADY THAT THIS SAME THING HAPPENS WITH OTHER LAWS ALL THE TIME, AND SO THERE IS NO REASON TO TREAT THIS DIFFERENTLY.
quote:
The current marriage laws don't specify what it is. They only recognize two people and thus there is no difference between the two arrangements. Your assumption that expansion of marriage to more than two people would be of a hub-and-spoke arrangement is precisely that: An assumption.
Not an assumption and your statement above just showed why. As it stands marriage contracts are just between two people. If you wanted to have a polygamous marriage it would require you to sign individual contracts between each spouse. In this way the rights/responsibilities will be clearly defined for each member of the polygamous marriage.
It is only if people want to create more encompassing marriage arrangements (many at one time) where new laws would need to be created. I assume they would take on the same form as businesses that form sort of multi-corporate entity.
Otherwise, it is just the same as signing contracts with different credit card and loan companies. They do not gain a rights/responsibility relationship with each other just because you signed and are financially responsible to them both.
quote:
If a married person dies, his spouse has a right to survivor's benefits. If he is married to more than one person, do each of his spouses have an equal right or does he merely have a single benefit that will be divided amongst his spouses?
If you cannot answer this question, then it is your problem... the same as me asking who is the wife in a gay wedding... or who leads when they dance? If you even think this is a question then you are searching for issues that just don't exist. But here I'll spell it out very clearly:
1) A has individual contracts with B, C, and D
2) part of contract with each is that on death, assets will be given to the other.
3) D dies. D's assets go to A. A can give then do with them whatever he wants.
4) More complex. A dies... oh my... assets equally divided between B, C, and D just as they would be if you went bankrupt and owed three different companies.
You are just creating differences in your mind.
(edited to make it a bit more civil)
[This message has been edited by holmes, 02-15-2004]

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 69 by Rrhain, posted 02-15-2004 4:40 PM Rrhain has replied

Replies to this message:
 Message 89 by Rrhain, posted 02-16-2004 5:00 AM Silent H has not replied

Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 86 of 97 (86525)
02-15-2004 8:53 PM
Reply to: Message 71 by Rrhain
02-15-2004 5:29 PM


quote:
Yes. Because they're not checking for genetic defects but rather for venereal disease and tuberculosis.
Hallelujah! You have finally made your first credible statement toward anything I have said in a long time. And actually I found that in the links I provided.
I forgot to make a retraction about that in my last post to crash and for that I pay the price now. And for this I will actually answer your questions here and see if you can start playing nice.
quote:
Why? Why not them, too? You're assuming marriage is hub-and-spoke and there is no evidence to suggest that it is.
Because the people will not be idiots trying to get married in lalaland where the contracts are between many all at once. By the nature of marriage (if we do not change it) the contracts will remain binding one on one.
All we have to do is allow people to process more than one. This would not require a change in rights responsibilities. I could throw your own incredulity back at you (like do they get more votes?) but I'm not going to act that stupid just to annoy you.
quote:
To wit, if a married woman has an affair and becomes pregnant, her husband is considered the legal father and is financially responsible for the child should they divorce, even though he is not the biological father.
I will start by pointing out that that is determined state by state. But if you want to raise that point as some sort of point you will actually have more problems with samesex marriage than polygamy.
Clearly if you have a marriage contract with a person any children with that person is yours and theirs. How would polygamy change this at all? You would not be cheating on anyone with anyone, because you have the contract.
However, many states do make statements regarding custody or parental rights based on the gender of the parent. Thus the husband (male) is considered the provider for any children in case of divorce. How will such laws work when parents are both of the same sex?
Now frankly I don't think this argument carries any weight against a person getting married. But that holds true all over the place.
quote:
But if you have more than one spouse, what happens then?
For each person their immediate family is the same as the marriage contract describes. Whoever they are married to is a spouse and their kids are their own.
If a person is married to someone who is married to someone else, they are only related like step or -inlaws. Why would there be any other situation?
quote:
I'm simply pointing out that all of the examples of relationships among more than one person that I know of personally, every single one of them considers themselves a trio.
We are talking legal, not social relationships. You would not have to change marriage laws in order to have polygamous marriage of the "hub and spoke" variety. And there is no reason that the social polygamists could not have the relationship they want, they'd just have to secure it through multiple legal contracts.
I might add that you are obviously not talking about the various legal polygamous marriages that exist around the world, or the semi-legal ones in the US. There are already working examples.
Is there a reason your friends would refuse to sign separate marriage contracts with each other? I guess if they really can't handle doing it that way, they can start asking for whatever marriage rights that might be called, and the regular polygamists can disassociate themselves from your friends.
You have never given a reason why if a hub and spoke arrangement is capable of handling the different social arrangements, and would not require changing law, and are THE REAL LIFE EXAMPLES OF POLYGAMOUS MARRIAGE, people would refuse to do this.
quote:
And when the hub dies, what rights do all the spokes have?
One wonders that with the fount of knowledge you make yourself out to be, you get hung up on the simplest questions. At worst you could try and find cases of this and find out how it is handled. We are not talking theoreticals.
Unless something was set up different in the contracts themselves, then assets are evenly split.
quote:
So how do we handle something like the right to make medical decisions when the spouse is incapacitated? Suppose one spouse wants to go in one direction while another spouse disagrees? Who is the final authority? Under marriage as we currently understand it, it is simply the "spouse" that has that right. Well, now there are two people who have that title, so which one do we defer to?
This is almost a valid question. Only what you are doing is choosing tough agreeably tough situations that can arise anywhere.
Let's say you become ill and are not married, and the only relatives you have are your parents. One parents wants to do one thing and the other something else. Uh oh, guess we'll have to throw away the concept of parents!
Or what if you are divorced (twice) with children and they are your only remaining relatives and you become ill... and some want to go one way, and others want to go another?
Yeah, tough question. My guess is since all your spouses have the right, that they will come to a consensus, or like any other family in dispute hire a bunch of lawyers to make the claim they have a greater right due to compelling claims beyond purely contractual matters.
This says nothing about the marriage contract rights/responsibilities, just as your rights/responsibilities do not change to your multiple creditors.
quote:
The claim for polygamy is not the same constitutional claim as for same-sex marriage.
It is. Go to the links I listed on marriage, polygamy, and same-sex marriage.
quote:
Now, do this again and change it from "husband" and "wife" to "all spouses."
It would not say this, just as when you get multiple credit cards you don't sign one form that says "all creditors".
quote:
And now, consider if you need to add any new legislation to tie up any loose ends that might need to be clarified given the new arrangement.
Yeah, like the current marriages laws do not constantly get tightened up because of the many possibility of situations (loose ends) that exist?
You might see some more colorful situations in court, but I wouldn't say you'd see any more than you already have.
If you are telling me there will be no changes to laws by gay couples going through the varieties of their own experiences, then I think you are full of it.
My guess is the polygamists will spend more of their time in court discussing division of property assets, and gays regarding parental issues.
But they'll ALL end up in court for something, and change existing law, just as straights do now.
quote:
In other words, the constitutional claim for same-sex marriage is that marriage already exists and the rights and responsibilities that are conferred by that contract would not change by the substitution of "spouse" for "husband" and "wife."
Unless one of the partners in a polygamous marriage is same-sex there wouldn't even need to be a substitution. All rights and responsibilities would remain the same.
The only difference is we just don't allow people to marry more than one, until a divorce is made between one marriage and the next.
quote:
Same-sex marriage requires no change in the contract of marriage. Polygamy does.
No it doesn't. Other than accepting more than one at a time procedurally, what would be different about the contract? You have yet to show your assertion is true, despite the examples of polygamous marriage across that globe and within certain areas of the US. How are the contracts they used different?
quote:
(Same-sex marriage) does not seek to change the contract.
It does where the contracts specify that those involved are of opposite sex.
quote:
A person who wants to marry someone of the same sex, given the current marriage laws, cannot get married at all. But a person who wants to married more than one person (assuming heterosexuality), can still get married. He can't marry everyone he wants, but there is still the availability of the marriage contract as it currently exists.
My turn... BWAHAHAHAHAHHAHAHAHA
A gay man is robbed when the law says he can only marry one WOMAN, because he doesn't want to marry a WOMAN.
Yet a polyamorous man is not robbed when the law says he only can marry ONE woman, despite the fact that (by the definition of polygamy) he doesn't want to marry just ONE?
You are shovelling fast and furious every time you make that argument.
quote:
The argument for same-sex marriage recognizes that changing the obligation set to be "two persons" rather than "one man and one woman" does not change anything about the rights and responsibilities.
You have yet to show one case of where the rights and responsibilities as detailed by law would be changed. They may be put into new situations (where rights become shared rather than sole because of multiple obligations) but that does not change the laws, nor require changes in laws.
This happens everyday in straight marriage law, and will happen in gay marriages as well.
My guess is, as I stated before, you'll have more issues of property rights for polygamists, and more parental rights for same-sex couples.
quote:
Indeed. You have missed the whole point of what polygamy means. You seem to think that it only means something out of the Bible. Reality shows that it includes all methods of combining more than two people.
Wow what an ignorant bigot you are. You sure slammed lizardbreath when he said stuff of which he did not understand, and I'm calling you on this line of garbage.
I am a polyamorist. Not that I am into marriage, given my vast experience with marriage laws in general, but I have a clear field of view about what polygamy means. I even knew people from polygamist cultures (where it is allowed) which you continue to show you have NO knowledge of.
REALITY not only shows that people can combine in more than twos, it also shows (and all you'd have had to do is go to those links) that they do go in more than twos all the time. There is already legal precedent on how they are handled, and the hub-and-spoke legal documentation is enough to handle any multi-party marriage (it would be multi-hub) unless people are going to be real pig-headed about it and say the law must be created to clearly document every nuance of their social feelings.
I assume most US polygamists would be practical enough to not require changes in law, and if they want something extra special for a license, have their lawyers draw up unique pre-nups.
quote:
I've asked you to spell them out and you have yet to come up with a single one.
Polygamists seek the same rights with regard to their MULTIPLE SPOUSES (and children from those spouses) as gays want with regard to their SINGULAR SAME-SEX SPOUSE.
People are being deprived of their rights to be with and take care of their significant partners and have that recognized by law. The law currently says ONE MAN and ONE WOMAN. One group asks to be allowed to drop "man" and "woman" while the other asks to drop the "one".

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 71 by Rrhain, posted 02-15-2004 5:29 PM Rrhain has replied

Replies to this message:
 Message 92 by Rrhain, posted 02-16-2004 7:58 AM Silent H has not replied

Newer Topic | Older Topic
Jump to:


Copyright 2001-2023 by EvC Forum, All Rights Reserved

™ Version 4.2
Innovative software from Qwixotic © 2024