Add Comment

FORMATTING HELP

All Comments Hide marked as read Mark all as read

  • Posted by $ Snezzy 8 years, 11 months ago
    I demand the right to "differently structured" marriage. My wife and I have each owned diesel pickup trucks (mine the one-ton, hers the 3/4 ton) for about 25 years, and we think it's high time we be allowed our right to marry our trucks. We are being very reasonable in all of this, and are -not- demanding to marry our horses. Just the trucks.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by CircuitGuy 8 years, 11 months ago
    "It is worth asking how that battle would be changed if the recognition of the right to have homosexual relationships is linked with the “right” of homosexuals to an officially recognized marriage."
    I agree with this part. I wish the state were less involved in our lives so state-sanction of marriage would be moot.

    "Indeed, the argument that forwards gay “marriage” must accept all forms of polygamy and asexual “relationships” as “marriages”"
    This is a slippery slope. One change does not always lead to the next. In this case, though, it's correct. We are already working on polyamory.
    Reply | Mark as read | Best of... | Permalink  
    • 11
      Posted by Animal 8 years, 11 months ago
      Of course, if you remove the state sanction from marriage, polygamous, poly amorous and polyandrous marriages could all come to pass; but it is perhaps belaboring the obvious to note that those arrangements are undertaken today, just without state sanction.

      I don't think the state has any business in marriage. The idea of a civil union makes some sense - for everybody - to encompass the legal contract.

      But marriage? Let individual churches conduct religious marriages as they see fit. Let the non-religious make what arrangements suit them. Keep the government the hell out of it.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by $ jdg 8 years, 11 months ago
        I have no problem with plural marriages. Indeed, I believe the law's hostility toward them is one of the causes of the abusive cult versions we've heard about. People conducting non-aggressive lives should not be made so afraid of the state that they must shun all contact with it.
        Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by $ jlc 8 years, 11 months ago
    I agree with the comments below which indicate that the State should recuse itself from the whole issue of marriage.

    I would like to add, though, that the sudden appearance of a proposed right does not exclude its validity. Many of the rights we consider foundation are relatively new. The world in which a nobleman rightfully owned his wife, children, servants, slaves, etc is quite close to us historically. The concept that 'all men are created equal' was not part of most European cultures until the 19th Century. (The right of women to be equal to men is still not accepted in many parts of the world.)

    So I think that "suddenness" should be excluded as a criterion for "rights".

    Jan
    Reply | Mark as read | Best of... | Permalink  
  • Posted by 8 years, 11 months ago
    Naturally, the first thought of the Libertarian is that if the government would get out of the way, the problem would solve itself. Let government stop issuing marriage licenses or otherwise involving itself in matrimony and, bingo, no more argument about states that do or do not permit gay "marriage."

    As Ayn Rand interpreted the application of human rights to children ("Respective Obligations of Parents and Children,), parents should be held legally responsible for taking care of their children within their financial means. The argument is that children, by their nature, require such care and parents knew that before bringing them into existence. If the parents cannot or will not care for the child, and, say, prefer to be punished, instead, then the state must assume responsibility for the children. The state thus has an "interest" is the defining characteristic of marriage: that a man and woman enter into a long-term sexual relationship--not always consummated, but always with that potential. None of this has anything to do, notice, with gay "marriage" because it is not marriage. It is another kind of union with different defining characteristics.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by $ jdg 8 years, 11 months ago
      Marriage exists primarily as a formal arrangement to make sure that children get taken care of, and this was true even before religion or the state came along. Not all gay marriages are formed for that purpose, but some are, and I don't see the point of disparaging them.
      Reply | Mark as read | Parent | Best of... | Permalink  
    • Posted by kevinw 8 years, 11 months ago
      I am no longer confused as to the intent of your article. Thank you. I was just about to post the following comment when I saw yours:

      "I guess I am a bit confused here as to the intent of your article. On the surface is a defense of the necessity of objective definitions and the futility of attempting any meaningful debate in the absence of objectivity. But this argument seems incomplete and I am left with the impression that you are defending the policy of the states to violate the rights of some of their citizens to have their associations with other individuals recognized equally under the law, on the basis that their proposed definition is incorrect. "

      Now I understand.

      So by your logic the state has an interest in requiring that a woman be married (to a man) once she gives birth to a child or have the option (be forced) to give that child up.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by 8 years, 11 months ago
        I'm afraid that after stating the Ayn Rand view, as I did, I did not draw any conclusions. I know that is very untypical of Objectivists, but I didn't know what to conclude. I could not conclude that based on what Ayn Rand said the state could require people to be married to have children--i.e., licensed to bear children. Being married is simply not consistently associated with taking care of children and many, many unmarried parents do take care of children. I should have prefaced my remarks with: I don't know what to make of this, but...
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by kevinw 8 years, 11 months ago
          I think the use of the terms "rights" and "marriage" in this battle is just a distraction tactic used by both sides of the issue to draw lines in the sand. Lines that have nothing to do with the actual issue but both sides want/need the force of government to further their agenda. The left doesn't care about gays except insofar as they can promote "special rights" (privileges) and shove them in the faces of the religious right. The religious rights' only concern for the definition of the word marriage is whether they can control it or not. They believe gays should be cured, not married, and they want to allow no access for gays to any of it. Not the word, the benefits nor the act itself, which is what they are trying to control.

          For the state to assume any interest in the definition of marriage based on children that do not even exist is to allow any and every number of "interests" in peoples everyday lives. Ayn Rand could never have concluded that the state should control who gets married based on the rights of a nonexistent child as a nonexistent child can have no rights. Even a fetus, in her view, is only the potential of a child and can have no rights until it is born. The state could never assume interest in the nonexistent rights of a nonexistent child.

          I would agree that to redefine marriage is not the proper way to force states to stop violating the rights of their citizens, but until the link is severed between marriage and the state (tax codes) those rights are being violated, and as Ayn Rand also said; "50 dictators are not better than 1 dictator".
          Reply | Mark as read | Parent | Best of... | Permalink  
    • Posted by $ CBJ 8 years, 11 months ago
      But . . . to the extent that the state is responsible for the welfare of children, that responsibility exists regardless of whether or not the parents are or were married. So how does this responsibility lead to a state “interest” in defining what does and does not constitute a marriage?
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by 8 years, 11 months ago
        So my statement above. I confused everyone by drawing no conclusion because I didn't know what to conclude. I was just adding what seemed a relevant point... AND, I guess, pointing out that the state, according to Rand, does have an "interest" in what parents, married or not, do. It isn't entirely laissez faire because rights are involved...
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by $ CBJ 8 years, 11 months ago
          I don't think Ayn Rand ever set forth any views regarding marriage as an institution. Even if she did, such views would not necessarily constitute a component of her core philosophy.
          Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by samrigel 8 years, 11 months ago
    I am neither for nor against the LGBT community. Whether they have the "right" to marry is irrelevant at the Federal level. That is an issue for the People and or the States. The Constitution says nothing of marriage nor should it. Marriage is a religious contractual agreement for those who choose to enter.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by woodlema 8 years, 11 months ago
      AND, if that religion is opposed to said marriage due to their doctrines, then they should not be forced to "bless" or provide a ceremony.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by samrigel 8 years, 11 months ago
        Agreed, which is why the LGBT community went to the Gov't to sanction what they want to do because most churches would not! Why should 3% of the population garner over 90% of the MSM news cycle? Sorry that question is rhetorical!
        Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by philosophercat 8 years, 11 months ago
    Definitions are crucial and so is the etymology of the term. The idea of marriage as between a man and woman began in tribal customs all over the world as assurances of adding to the size and wealth of the families. it became in the Christian religion the celebration of God's will for humankind. The church then went to the State to force marriage as the only union as a means of building God's family. Now the State finds its mandate for equality is against the religious basis on which marriage is based. I recommend ending state regulation of marriage and let the churches decide who they will join to build God's family and the churches coffers. Let the State have civil unions to establish contractual relations between consenting adults. Animals should be excluded to PETA's regret..
    Reply | Mark as read | Best of... | Permalink  
  • Posted by InfamousEric 8 years, 11 months ago
    I look at it this way...

    The state licenses businesses, and can thereby revoke that license.
    The state licenses drivers, and can thereby revoke that license.
    The state licenses marriage, and can thereby revoke that license?

    Why is the state involved again?

    Consenting adults living their lives as they see fit, does nothing to diminish my life, livelihood, or relationships.

    It is incumbent on me to be tolerant of the choices others make in how they live, if I expect others to be tolerant of the choices I make.

    Therefore I have no issue with the topic, other than the state involvement.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by InfamousEric 8 years, 11 months ago
      To add...

      I do believe there should be a contractual obligation to establish financial liability, but this would be nothing more that a civil formality.

      Similar to a subscription renewal.

      (Ha Ha, I wonder if my wife would want to renew her subscription if she knew I thought about it that way)
      Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by Ibecame 8 years, 11 months ago
    My comment may be considered to be "off topic", but I don't believe so. Has everyone failed to realize that this was scheduled before the Supreme Court just before the Court will announce its ruling on ObamaCare? That even though 15% more Americans are concerned about ObamaCare than Homosexual Marriage according to the most conservative polls? Doesn't it seem odd that this is getting 90% more news time? Does anyone else find this odd? Is it possible distraction is being used to push Billions of dollars towards the insurance industry?
    Reply | Mark as read | Best of... | Permalink  
  • Posted by 8 years, 11 months ago
    You see, not a priori reasoning, not deduction from our principles, but experience, the lessons of history, evidence that shared premises about what is acceptable behavior, an acceptable government, and an acceptable view of life tend toward a peaceful, stable, contented society. And government has a role, here. Would you accept the choice of public nudity, a personal, non-aggressive choice? Would you accept peaceful public masturbation? How about a relationship with a sheep or a dog? These are ugly prospects, and we assume we never will see them. But we will if there is no regulation of behavior.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by $ puzzlelady 8 years, 11 months ago
      Some primitive cultures in tropical climates do, indeed, practice nudity. Even in modern societies, there are nude beaches and nudist colonies. Each to his own.

      Bestiality is not condoned societally, though indubitably indulged in privately in certain sectors. Public masturbation? Not likely, though group masturbation and clubs to indulge it are known to exist.

      Interesting, isn't it, that it always comes back to sex? Everything people do and legislate, produce, build and use, especially money, traces back to sex as its goal and driving force. It's the engine of life. All else is infrastructure.
      Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by Herb7734 8 years, 11 months ago
    There is no "right" for gays to legally marry. Marriage between a man and a woman is based on religious and traditional laws. Based upon tradition, various states have made various laws regarding it. The original purpose of marriage was procreation, followed by the need to care for the child and provide for the family's well being in order to do so. Now, there are other reasons for marriage such as love and companionship without the need for children. More and more, gay couples are beginning to sound like a little child who sees someone else with something he wants and is throwing a fit in order to get it. Gays have options open to them not the least of which is moving to a State that allows gay marriage. Why this has become such a huge issue borders on the inane.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by $ jdg 8 years, 11 months ago
      I beg to differ. Marriage is probably older than man's intelligence; certainly there are other species that practice it. In primitive societies it is primarily economic in nature. Greece and Rome had various forms of gay marriage; there's really nothing new there. Those who believe that the Jewish or Christian religion "owns" marriage are simply looking at too short a period of history.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by Herb7734 8 years, 11 months ago
        There's a difference between sexual coupling, even when it's by a couple with a lifetime commitment and the ritual of traditional marriage. As far as I'm concerned, as long as it doesn't impede my forward progress I don't care. But if you can't tell the difference then I've run out of things to say to you on the subject.
        It will be fun to talk to you on a few other subjects. Let's keep hanging around the Gulch.
        Best,
        Herb
        Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by j_IR1776wg 8 years, 11 months ago
    If the precise meaning of words is foundational to a free society and individual rights, then the deliberate blurring of those meanings can only be helpful to those whose intention it is to destroy that freedom and those rights.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by $ jdg 8 years, 11 months ago
      But is it? I don't think so. Languages always have evolved, and always will. Efforts (such as the Académie Française) to prevent it will either be ignored, or will cause that language to go out of use more quickly than otherwise.

      It's true that blurring the meanings of words in an important document such as our Constitution can have ill effects. But the Constitution gets misinterpreted on purpose, because the "justices" can do so with impunity. If its language were more exact (or less ambiguous) their rationalizations for doing so might be more obviously ad-hoc, but so what?
      Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by hattrup 8 years, 11 months ago
    Not much in the article about the point of having some government "agency" agree some relationship is a marriage.

    Government got involved in the marriage "business" so they could control who got married (same race please..., no brothers/sisters, maybe first cousins depending on place/state,.. etc), and
    to control relationships (automatic subsidies and penalties via tax codes, and automatic protections w/o contracts - kids, divorce, inheritance, etc.)

    The article seems to be all about relationships - which is great - but not why people seem to really want the government "sanction" of being married.

    I agree with the other posters here - the government should be out of the relationship and marriage business.
    And also that a relationship between two different sexes should receive some special treatment not available to two or more same/different/non- sex people.

    (I wonder how many thousands of pages of tax codes changes that would entail...)
    Reply | Mark as read | Best of... | Permalink  
    • Posted by $ jdg 8 years, 11 months ago
      If I had to replace the tax code with something, I would simply make it a flat sales tax, with all food, clothing, shelter, medicine, and services exempt. That way only people with disposable income wind up paying it.
      Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by $ blarman 8 years, 11 months ago
    Nice article.

    One thing I found reprehensible was that neither Ginsburg nor Kagan recused themselves, despite having officiated in gay "marriage' ceremonies.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by $ Thoritsu 8 years, 11 months ago
      Why would this require them to excuse themselves? I'm sure other justices have officiated at straight marriages, and some have probably gone to church where arguments against gay marriage were presented.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by $ blarman 8 years, 11 months ago
        The role of a Justice is to be objective and impartial. If one has already sided through previous action with either the plaintiff or the defendant, Supreme Court rules mandate that they recuse themselves. It is the same reason judges who have monetary interests in certain companies recuse themselves when certain cases involving those clients come before the Court - to maintain the impartiality of the rulings. Both Kagan and Ginsberg have also openly given speeches actively agitating for a change in the law. If that isn't a complete violation of impartiality, I don't know what is.
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by $ Thoritsu 8 years, 11 months ago
          This is not an interest in the outcome, just a position. If they had a gay child, or gay partner themselves, that might.
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by $ blarman 8 years, 11 months ago
            The standard is INCREDIBLY high - one can not show a preference in the outcome or one is _obligated_ to recuse. I've read from several scholars from both sides who all agreed that both Justices abandoned their duties to recuse in the matter. These were legal scholars and all agreed that no reasonable person could interpret their actions as impartial, thus they should have recused themselves.
            Reply | Mark as read | Parent | Best of... | Permalink  
            • Posted by $ Thoritsu 8 years, 11 months ago
              Not really sure what "INCREDIBLY high" means (reminds me of the Princess Bride). Seems like Kagan had a bigger reason to recuse herself from the ObamaCare trial, but she did not, and Roberts supported her decision as did a number of legal ethics specialists.

              This seems like small potatoes comparatively.
              Reply | Mark as read | Parent | Best of... | Permalink  
              • Posted by $ blarman 8 years, 11 months ago
                Yes, she absolutely should have recused herself from the Obamacare one as well, especially given that she wrote a large part of the government's position paper on it.

                To me, it is the appearance of impartiality. I might give the idea of plausible deniability if one had only attended, but to officiate is to pronounce moral authority in a matter - there is no higher level of involvement or bias.
                Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by $ WilliamShipley 8 years, 11 months ago
          I will point out that being in favor of gay marriage and having officiated at one that took place under a state law does not, necessarily, imply that they think it is a right under the federal constitution.

          Of course, they probably do.
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by $ blarman 8 years, 11 months ago
            It doesn't matter. The fact is that they have demonstrated bias. That simple fact demands recusal because their impartiality has been demonstrably violated.

            Judges routinely recuse themselves from cases where they have a fiduciary interest in the outcome of the case, such as when even a spouse has a large stock interest in a specific company which could be affected by a ruling. Judges who speak out and openly, giving their _opinions_ on specific social issues are also duty-bound to recuse themselves when cases on that matter are brought before them.
            Reply | Mark as read | Parent | Best of... | Permalink  
            • Posted by $ WilliamShipley 8 years, 11 months ago
              There is a difference between a bias and a conflict of interest. The Supreme Court justices all have rather well known biases. We pretty much know where they are going to vote on most issues.
              Reply | Mark as read | Parent | Best of... | Permalink  
              • Posted by $ blarman 8 years, 11 months ago
                I might give the idea of plausible deniability if one had only attended, but to officiate is to pronounce moral authority in a matter - there is no higher level of involvement or bias. To me it is an open-and-shut demonstration of partiality where the explicit code of conduct for the Justices _demands_ a strict level of impartiality and _requires_ recusal if there is any hint of bias.

                Why is impartiality necessary? Because the Supreme Court is charged to adjudicate the enforcement of laws based on the Constitution - not public opinion. In order for the public to maintain confidence in the rulings of the Supreme Court, both sides have the right to expect a full and impartial hearing. If a judge has already sided with one side on the matter, impartiality has been compromised.

                If this were at any other level, the lawyers involved would call for a mistrial and have justification for such. At the Supreme Court, the step of recusal is the last step of maintaining a fair and impartial hearing - since there is no other higher body to appeal to in the case of judicial misconduct or mistrial.
                Reply | Mark as read | Parent | Best of... | Permalink  
                • Posted by $ WilliamShipley 8 years, 11 months ago
                  Well, they've all rather tipped their hands when they overturned DOMA so do we have them all recuse themselves? Usually there are only two or three justices that we aren't sure how they are going to vote -- their attitudes are well known.

                  And, as I said above, officiating over a same sex marriage sanctioned by the state is not the same as declaring it to be a right under the federal constitution. I don't think that's all that important, what is more telling is her history of supporting activist rulings.

                  I think they are probably not going to rule in favor of a federal right to same sex marriage -- they laid the groundwork in DOMA for saying it's not a federal issue. Still the equal rights argument could sway them.
                  Reply | Mark as read | Parent | Best of... | Permalink  
                  • Posted by $ blarman 8 years, 11 months ago
                    Do we gain clues on how each Justice thinks by looking at other similar cases like US v Windsor? Yes. Recusal, however, isn't based on prior rulings, but on extra-judicial considerations.

                    As to the outcome of this case, I think the ideology is already set and that we shall see major disruptions to our legal code and free speech as a result. While I'd like nothing more than for the Justices to declare that the Tenth Amendment reigns supreme, I don't think that's likely. I think it's a Pandora's box that they are dead set on opening.
                    Reply | Mark as read | Parent | Best of... | Permalink  

FORMATTING HELP

  • Comment hidden. Undo