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Justice Scalia dares to ask

Posted by johnpe1 10 years, 2 months ago to Government
117 comments | Share | Flag

the constitution says nothing about marriage, and
my marriage is a church or civil thing.
even TN should say nothing about it. . it is private.
IMHO. -- j


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  • Posted by $ jlc 10 years, 2 months ago in reply to this comment.
    No, because the question we are debating is whether 'this' is Caesar's or God's...!

    Jan
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  • Posted by $ jlc 10 years, 2 months ago in reply to this comment.
    Good argument - and it goes the other way too. Some civil unions have allowed an offspring-caretaker of a parent to name his parent as inheritor 'upstream'. The offspring had a very good job and was concerned about his parent's welfare if he should die - which he did but the parent was able to inherit 'upstream'. (I believe this happened in Europe.)

    Jan
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  • Posted by 10 years, 2 months ago in reply to this comment.
    the most fun which we had with wood, in building
    here, besides the 18 foot long 2 by sixes for the rear
    basement wall (tall basement ceiling!) was the mantel --
    we found an ancient piece of walnut, off
    in a dusty old warehouse out in the country.
    eight feet by 16 inches by 4 inches. . bought a
    belt sander to work it. . has a crack in one end
    which we tried to close with screws and glue ...
    no such luck. . too old and set in its ways. . looks
    too rustic for my wife, but I sure love it! -- j

    p.s. the old warehouse was a ww2 army clothing
    factory, fascinating in itself!

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  • Posted by plusaf 10 years, 2 months ago in reply to this comment.
    I feels for ya, man! Here in our part of NW Raleigh, pretty much all we have is clay. And tall pine trees. After we moved in, we took down about five really tall pines that looked like a good hurricane could knock over onto our house, chickens that we were (and coming from Si. Valley earthquake country, at that!.)

    Haven't had any tree-fall damage yet, but a few gully-washers last spring undercut one of the cement-block retaining walls that define the three 'levels' of our back yard. Previous owner apparently moved megatons of clay/soil to establish the terracing but skimped a bit on the construction. It's fixed now, and holding up pretty well under our current wet spells. But I do wish there were more hardwoods in the back yard.... :)
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  • Posted by 10 years, 2 months ago in reply to this comment.
    we built here in '05 and needed sheep's-foot-compacted
    clay under the rear third of the house, because it is
    a gulch here into which nature had deposited topsoil
    to the depth of 14 feet at one point which we
    measured. . we found clay on part of the land and
    moved it, relocating the topsoil and creating a
    haul road. . this cut the up-hill water source for a
    tree older than the one to which I was just referring.
    it was close enough to the house that we hired
    pros to drop it. . turns out that we left it standing
    dead too long to get lumber from it. . sad day at
    black rock. . whatta tree! . 3 foot diameter white oak. -- j

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  • Posted by 10 years, 2 months ago in reply to this comment.
    yes, it's East Anglia in the marriage wars -- generate
    the data to support your agenda! . we should get
    clever and establish a fictitious Gulch to which all
    sorts of wonderful things would be attributed, making
    the world envious of its glory and wonder and
    grandeur. . then, explaining that its foundation is
    capitalism, and everyone is wealthy, even the
    street-sweeper, we could win the world over.
    with the internet, this scheme might actually be
    possible. . an invisible interwoven society of Gulch
    where everyone is rich. . when do we start? -- j

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  • Posted by 10 years, 2 months ago in reply to this comment.
    and their disparate impact trail leads to wealth
    redistribution (not just income redistribution) and
    other such sh!t-logic. . how is PC evil? . let us
    count the ways....... -- j

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  • Posted by 10 years, 2 months ago in reply to this comment.
    puzzlelady, your note is also great!

    neither I nor my wife has had kids. . for me, it is one
    thing which I could have done which I didn't, and a
    "bucket list" thing which I miss. -- j

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  • Posted by 10 years, 2 months ago in reply to this comment.
    that was fun, Jan! . had to look up monandrous and
    hominins . . . found one and not the other! . hominids? -- j

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  • Posted by 10 years, 2 months ago in reply to this comment.
    blarman, might there be a 3rd option? . go ahead
    and get the governments out of the marriage business?
    would this require a constitutional amendment?
    given the extensive involvement of various governments
    in the marriage business, it might. . too bad. -- j

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  • Posted by 10 years, 2 months ago in reply to this comment.
    then, in my atlantis, we would change that, and
    "family law" would revert to either contract law or
    parent law, for the sake of offspring. . just because
    it's done in all States doesn't make it right. -- j
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  • Posted by 10 years, 2 months ago in reply to this comment.
    well, the value which I was imagining conserving
    is that of a devoted relationship between life-giving
    humans, which may be the origin of the thing which
    we call marriage. . so, Scalia must just have been
    musing rather than justifying. . fine with me, too! -- j

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  • Posted by 10 years, 2 months ago in reply to this comment.
    aren't licenses usually about 2 things,
    control and taxes? -- j

    p.s. protection of the public good appears to be
    a secondary consideration.

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  • Posted by plusaf 10 years, 2 months ago in reply to this comment.
    I'm a hobby woodturner.
    If she 'loses a limb' maybe we could work out some kind of 'organ donation' in the event of such an 'accident'?
    :)
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  • Posted by waytodude 10 years, 2 months ago in reply to this comment.
    Circuit guy your theory hold merit but then one could come along and state that those having homosexual traits is part of our social problems today. There is no ground breaking scientific proof either way. I would not like to be a supreme court judge on this matter it's a no win situation.
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  • Posted by waytodude 10 years, 2 months ago in reply to this comment.
    Jan unless I've missed something primates have not evolved to our state. Multiple partners are another subject. No matter how many partners one has it is still one man and one woman that can conceive a child unlike the canine species where a single female can conceive from multiple male partners. Thus for survival of our species it takes one man and one woman. Thank for your response it has given my even more things to ponder. I hope my thread has given you the same.
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  • Posted by 10 years, 2 months ago in reply to this comment.
    we water, fertilize and (she's over 100 feet tall) have
    ambitions to prune . . . when I grow up!!! -- j
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  • Posted by $ jlc 10 years, 2 months ago in reply to this comment.
    Interesting point. We do not hear of a 'sacred' contract between - for example - companies. The removal of that word from the legal definition of marriage may be an aid for people who do believe in a 'sacred' component to marriage as performed by their church. Let's keep the civil marriage as a non-sacred contract and if people want the blessing of their deity on it, then their church can provide that.

    Jan
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  • Posted by MinorLiberator 10 years, 2 months ago in reply to this comment.
    I certainly believe that. Doesn't it all start with applying for your "marriage license", which I'm sure is very standard and varies from State to state? Hence, the need for couples who feel they need to, to get a "ore-nuptial" agreement (contract) to supplement the boilerplate license.

    And yes, I've personally experienced, and know many others in many different locations, the "family law" courts...yet another nightmare in our current "justice" system...
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  • Posted by jabuttrick 10 years, 2 months ago in reply to this comment.
    Nope. All states have a whole statutory scheme of family law separate from civil contract law. No state has ever ignored that scheme and simply applied contract law.
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  • Posted by MinorLiberator 10 years, 2 months ago in reply to this comment.
    Good history and good points. Going back to Locke, I think you again named the issue: the government exists to protect property, certain well defined rights (protection against force or fraud) and certain other limited things, like defense of the country. The government is not the source of rights, nature is, and therefore it has no business "allowing" as in "having a say in" or "defining" anything outside of its very limited purview.

    As applied to either The Feds or The States in the issue under discussion here, neither has a right to allow, condone or define marriage. It should neither be a Federal or State issue.

    A marriage, whether this is the traditional way of looking at it or not, should be recognized and enforced as a voluntary contract between parties, subject to the exact same rules that courts use to first determine the validity or invalidity of the contract itself, at it would ANY other contract.Time to stop treating marriage as something unique or"sacred". As far as the latter, religions should be allowed to view marriage in their traditional terms and have their ceremonies. But that is irrelevant to the legal contract itself.
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  • Posted by MinorLiberator 10 years, 2 months ago in reply to this comment.
    I think that's part of what the Supremes are arguing about. I agree with you, but I'm not sure under what circumstances the States can say "your contract is no good here", but I'm sure there are maybe some valid one,

    Clearly, a conservative State right not to recognize a liberal States gay marriage is at issue here.

    Once again, my feeling is let anyone marry anyone else under contract, but as other have said, not just to get government "goodies". The should be no government involvement (which is often done with arcane tax laws) in either encouraging or discouraging any particular type of voluntary, honest behaviors. I believe the term for this is "social engineering" and that's not what America in the Founders sense is about.
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