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Prop 8 (Locked)
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DVD Profiler Desktop and Mobile RegistrantStar ContributorPantheon
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Quoting Calidain:
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Wow, what a controversial argument in this thread.  I am sure I will hate myself for posting in this thread, but I feel both sides are arguing to no avail simply because belief systems are impossible to overcome.

This issue of "Gay Marriage" is controversial because to within most hardcore religious doctrine, homosexuality is a "sin".  Now you can make the argument that gays marrying doesn't hurt anyone else and argue that religion should have no say in this situation, but ultimately the sanctity of marriage is founded within religion doctrine; merely calling it a contract between 2 people is not 100% accurate.

This is where things get tricky.  Agnostics and atheists will argue that religious doctrine has no ground here and the religious right will argue marriage is an act before God etc...you will never reach common ground.

The other aspect of this argument that is a double edged sword is when someone who lives a gay lifestyle takes offense with those who openly say "homosexuality is sin in the eyes of God".  You can take offense all you want with this comment, but that is a strong belief within almost all religions and when it comes to discrimination vs. belief systems you cannot win; just look at abortion, an ever unsolvable issue if you ask me!!!

Belief systems are inherently impossible to overcome.  You can argue they are ignorant and intolerant but for those who are strong in their faith you will never sway their viewpoint.  Within those belief systems there is also little to zero lattitude.  Throughout our history as a race we have killed each other over religious doctrine and we see religion still in this modern day and age as a catalyst for death and murder and genocide.

No matter how much you plead for understanding and tolerance for "gay lifestyle" you will never win the acceptance of most religious groups.  I myself am a live and let live kind of person, but I can not say that at times I have not succumbed to stereotypes and bigotry.  Having said that I have many gay friends, it is their choice and I don't question it, but I have argued vehemotly that gay marriage will always be frowned upon as long the religious right is able to cast their votes within this country and to say they are wrong is to attempt to invalidate their beliefs as well and is equally intolerable in my opinion!!!


An excellent post Calidain.

And I agree with most of what you said.

Personally, to clarify, I'm not attempting to change anyone's viewpoint with my comments here. What I'm asking is that people modified the language they use to express those views.
In effect to have a little compassion for the people they are referring to.

I'm no saint. I have strong views on other, equally touchy, subjects - but I would be extremely cautious when expressing my opinion on those subjects in an internet forum so as not to offend someone with my words.

I learned a long time ago that you can't change anyone else's mind - only they can do that. But first they have to want to change; which is something we humans find all too hard.
DVD Profiler Unlimited RegistrantCalidain
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In any social situation I learned at a young age to avoid politics and religion...they are deep seeded individual beliefs and very touchy subject matter.

Inevitably those who start these discussion know going in that they are going to stir the hornets nest.  These individuals usually enjoy debates and often fancy themselves as excellent debaters and thus they begin thinking that they can control the debate and then leave or bow out after they realize just how out of control the argument has become.

As has been already stated, this is a "General Discussion" section of these boards and you can begin any topic of discussion that you wish, but sometimes it is best and prudent to avoid offending others by avoiding these topics!!!  Sometimes people never forget and never forgive and I have seen it ruin forums before!!!
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Quoting hal9g:
Quote:
Quoting Unicus69:
Quote:
Quoting hal9g:
Quote:
You are entitled to believe whatever you like.  You should afford others the same latitude in return, as long as their belief is not manifested in some intolerant or discriminatory behavior.


But, isn't that exactly what Prop 8...something you support...is doing?  It is manifesting one groups belief, that gay marriage is wrong, by creating legislation that is intolerant and discriminatory...or am I missing something here? 


No (to your first question)


My mistake then. 
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DVD Profiler Unlimited RegistrantSnark
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Quoting Calidain:
Quote:
Wow, what a controversial argument in this thread.  I am sure I will hate myself for posting in this thread, but I feel both sides are arguing to no avail simply because belief systems are impossible to overcome.

This issue of "Gay Marriage" is controversial because to within most hardcore religious doctrine, homosexuality is a "sin".  Now you can make the argument that gays marrying doesn't hurt anyone else and argue that religion should have no say in this situation, but ultimately the sanctity of marriage is founded within religion doctrine; merely calling it a contract between 2 people is not 100% accurate.

This is where things get tricky.  Agnostics and atheists will argue that religious doctrine has no ground here and the religious right will argue marriage is an act before God etc...you will never reach common ground.

The other aspect of this argument that is a double edged sword is when someone who lives a gay lifestyle takes offense with those who openly say "homosexuality is sin in the eyes of God".  You can take offense all you want with this comment, but that is a strong belief within almost all religions and when it comes to discrimination vs. belief systems you cannot win; just look at abortion, an ever unsolvable issue if you ask me!!!

Belief systems are inherently impossible to overcome.  You can argue they are ignorant and intolerant but for those who are strong in their faith you will never sway their viewpoint.  Within those belief systems there is also little to zero lattitude.  Throughout our history as a race we have killed each other over religious doctrine and we see religion still in this modern day and age as a catalyst for death and murder and genocide.

No matter how much you plead for understanding and tolerance for "gay lifestyle" you will never win the acceptance of most religious groups.  I myself am a live and let live kind of person, but I can not say that at times I have not succumbed to stereotypes and bigotry.  Having said that I have many gay friends, it is their choice and I don't question it, but I have argued vehemotly that gay marriage will always be frowned upon as long the religious right is able to cast their votes within this country and to say they are wrong is to attempt to invalidate their beliefs as well and is equally intolerable in my opinion!!!


I can't see marriage as practiced in the US as a religious institution.  I was married for 11 years and God had nothing to do with it.

If we try to play it as a religous thing we run into obvious seperation of church and state issues, as well as descrimination problems.  Like we're seeing right now.

Personally I think the best answer is simply to give gays the right to civil unions.  Then give the same right to heterosexuals.  We then excise all reference to "marriage" in federal law and replace with "civil union".  (Yay for search and replace!)

No one is discriminated against and everyone is equally unhappy.  Marriage is saved from the state, the gays, the church, etc... It goes back to the beliefs of the individual.  Call it whatever you want.  Marriage, life partner, pair bond, whatever.  You don't have to recognize anyone elses marriage if they're not the right orientation, religion or odor. 

As long as you respect the legal rights of those in civiil unions then it's all good.

 Last edited: by Snark
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Calidain,

I also agree that you made thoughtful and worthwhile post. It is a difficult issue and discussing it can bring up some rather raw emotions. I do think you summarized the point I was trying to make with Pantheon re: hal9g's comments when you said:

Quote:
Having said that I have many gay friends, it is their choice and I don't question it, but I have argued vehemotly that gay marriage will always be frowned upon as long the religious right is able to cast their votes within this country and to say they are wrong is to attempt to invalidate their beliefs as well and is equally intolerable in my opinion!!!


I think when you take offense to someone's choice of words and then ascribe certain very negative and nasty postions to those people you risk becoming the same thing you are condemning - i.e. intolerant and discriminatory. That is what I think you are doing (to some degree) by using these terms liberally to describe hal9g:

Quote:
I'm sorry but the use of these words is precisely these things. Intolerant and discriminatory.


If you want others to accept your choices and lifestyle it is incumbent on you to do the same - I think hal9g put this very well when he said:

Quote:
You are entitled to believe whatever you like.  You should afford others the same latitude in return, as long as their belief is not manifested in some intolerant or discriminatory behavior.


As I said this is the point I was trying to make earlier when I said this:

Quote:
However I do think we need to make allowances for misundestandings and word choice and give people the benefit of the doubt about their intentions and their meaning.


As far as my own reasons for not using the words pantheon found hurtful I don't use those words for a variety of reasons - not the least of which is they do not accurately reflect my opinion on the matter. I really don't know whether the behavior is "aberrant" or "sinful" even though I would vigorously defend the right of those who disagree to use those terms free from condemnation.

The truth is that I don't know whether those behaviors are sinful and since they appear to cause no direct harm to anyone else I feel comfortable letting God make that call. Where I draw the line on that is "gay marriage" because in that instance I feel that I am being asked to give my approval/assent for the behavior in a formal/official way through my government -- which I am not comfortable doing despite what I would call my "live and let live" tolerance for the behavior/lifestyle otherwise.

I also understand that those specific words generally cause offense and I try to avoid them for that reason as well. I respect pantheon's position and wish him good health and happiness in his life despite our difference on the issue of gay marriage.

Brian
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Quoting Unicus69:
Quote:
Quoting hal9g:
Quote:
Quoting Unicus69:
Quote:
Quoting hal9g:
Quote:
You are entitled to believe whatever you like.  You should afford others the same latitude in return, as long as their belief is not manifested in some intolerant or discriminatory behavior.


But, isn't that exactly what Prop 8...something you support...is doing?  It is manifesting one groups belief, that gay marriage is wrong, by creating legislation that is intolerant and discriminatory...or am I missing something here? 


No (to your first question)


My mistake then. 


I guess I'll have to clarify this since you don't seem to understand the difference between an amendment to the state constitution and legislation.

Prop 8 is not a an attempt to make a law, therefore, it is not "creating legislation".  Only the legislature of California can "create legislation".

All Prop 8 is doing is adding a definition of the word "marriage" as being "between one man and one woman" to the State Constitution.
Hal
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Quoting hal9g:
Quote:
I guess I'll have to clarify this since you don't seem to understand the difference between an amendment to the state constitution and legislation.

Prop 8 is not a an attempt to make a law, therefore, it is not "creating legislation".  Only the legislature of California can "create legislation".

All Prop 8 is doing is adding a definition of the word "marriage" as being "between one man and one woman" to the State Constitution.


O.k...you got me.  Poor choice of words on my part.  I should know better than to help with homework and type in a forum at the same time. 
No dictator, no invader can hold an imprisoned population by force of arms forever.
There is no greater power in the universe than the need for freedom.
Against this power, governments and tyrants and armies cannot stand.
The Centauri learned this lesson once.
We will teach it to them again.
Though it take a thousand years, we will be free.
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 Last edited: by TheMadMartian
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Quoting bbursiek:
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The truth is that I don't know whether those behaviors are sinful and since they appear to cause no direct harm to anyone else I feel comfortable letting God make that call. Where I draw the line on that is "gay marriage" because in that instance I feel that I am being asked to give my approval/assent for the behavior in a formal/official way through my government -- which I am not comfortable doing despite what I would call my "live and let live" tolerance for the behavior/lifestyle otherwise.


Heya Brian,

I can understand and respect that.  But I do think there's a difference between something being legal and it being approved of.

For example, we have freedom of speech...  That means that bottom feeding maggots like Fred Phelps and the KKK can spew their personal hatred out at will.  I disagree with everything these people stand for but and disagree with virually everything that comes out of their mouthes, but I firmly support the right that they are exercising.

I think that there is a middle ground somewhere that seperates approval of behavior from the right to practice it.
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This such a complex subject. But...first there are two parts to a marriage one that is recognized LEGALLY by the state and one that is recognized (in theory) by religious affiliation. The biggest argument for a Constitutional amendment regarding marriage, sis the full faith and credit clause of the Constitution. What this means basically is that if gat marriage is recognized and sanctioned by the State of california, it automatically becomes at least recognized by all the other 49 states...whether they like it or not. In other words, if I am absolutely and irrefutably opposed to gay marriage there is no longer a place in my own society, wherever I might chjose to go they can go as well and be recognized.

I guess the easiest analogy I cxan think of and it doesn't really apply but perhaps conceptually... In the US we have a Constitutionally defined right to bear arms. In DC they tried to deprive their citizens of that right and the USSC said no you won't, on the other hand for those, like my friend Hal who I am sure knows this, there is a small town in Georgia called Kennesaw, there is a law on the books of kennesaw that requires all citizens to bear arms. I would live in neither DC notr in Kennesaw...why...because I will not be told that I can't bear arms nor will i be told that I must bear arms, that is MY choice. My feelings regarding gay marriage are very similar, I will not have ANY state tell me, when I live in another state state, that we MUST recognize gay marruage just because a state 2500 miles away decided they want to.


I don't know if that is clear but i tried, its late.

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Quoting Snark:

Quote:

Heya Brian,

I can understand and respect that.  But I do think there's a difference between something being legal and it being approved of.

For example, we have freedom of speech...  That means that bottom feeding maggots like Fred Phelps and the KKK can spew their personal hatred out at will.  I disagree with everything these people stand for but and disagree with virually everything that comes out of their mouthes, but I firmly support the right that they are exercising.

I think that there is a middle ground somewhere that seperates approval of behavior from the right to practice it.


I agree Snark that there are times when you can approve of the right to practice something from approval of the actual behavior and the example you cite is a good one -- there are many in fact that come to mind. Mostly those are things in the context of free speech (like your example) or a respect for privacy.

In the context of privacy rights and sexual behavior I don't necessarily approve (on a relgious basis and for other reasons) with all the different types of sexual behaviors that consenting adults may engage in behind closed doors -- but I do not want the State to try to regulate those because of my respect for privacy and individual freedom.

However I feel that gay marriage is in a different category because it impacts the definition of an institution (marriage) that I feel strongly about.

I guess the best comparison I can make is to use your example of the KKK (racists) and whether they have the right to discriminate in employment, service (say in a restaurant), or public lodging (say a hotel). While I will defend their right to think and say what they want (as you say as well) -- but allowing them to practice that belief by denying service to blacks would be something I could not approve of. They have no constitutional right to deny services to blacks and like I said I will not support their attempts to do so ----- therefore I support laws that ban the practice of denying service based on race. So there is a limit to that "middle ground" you mention. Its not the most artful comparison but it kind of makes my point.

Brian

EDIT - given the recent turbulence on this thread I want to make it clear that I am NOT equating racism with gay marriage -- I would be much more willing to accept legal gay marriage (if that became the standard) than I would racial discrimination (if say it were made legal by repeal of the laws currently prohibiting it). I was making a point re: Snark's comment about approval vs. acceptance.
 Last edited: by bbursiek
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Quoting bbursiek:
Quote:

However I feel that gay marriage is in a different category because it impacts the definition of an institution (marriage) that I feel strongly about.


In the words of Chris Rock:

Quote:
People always say that we can't have gay marriage because marriage is a sacred institution, that happens in the church. It's sacred... no it's not! Marriage ain't sacred! Not in America! Not in the country that watches "Who Wants to Marry a Millionaire?" or "The Bachelor" or "The Bachelorette" or "Who Wants to Marry a Midget?" Get the happy funtime outta here! Gay people have as much of a right to be miserable as everybody else!


Personally, marriage as an institution seems so wrought with failure and problems, that I am at time really perplexed why so many people are still trying so hard to protect it... Maybe the answer lies in the word "institution" ... when two people love it each other, slapping that word onto their relationship just not seem to do justice to something beautiful.
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Quoting bbursiek:
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I agree Snark that there are times when you can approve of the right to practice something from approval of the actual behavior and the example you cite is a good one -- there are many in fact that come to mind. Mostly those are things in the context of free speech (like your example) or a respect for privacy.

In the context of privacy rights and sexual behavior I don't necessarily approve (on a relgious basis and for other reasons) with all the different types of sexual behaviors that consenting adults may engage in behind closed doors -- but I do not want the State to try to regulate those because of my respect for privacy and individual freedom.

However I feel that gay marriage is in a different category because it impacts the definition of an institution (marriage) that I feel strongly about.

I guess the best comparison I can make is to use your example of the KKK (racists) and whether they have the right to discriminate in employment, service (say in a restaurant), or public lodging (say a hotel). While I will defend their right to think and say what they want (as you say as well) -- but allowing them to practice that belief by denying service to blacks would be something I could not approve of. They have no constitutional right to deny services to blacks and like I said I will not support their attempts to do so ----- therefore I support laws that ban the practice of denying service based on race. So there is a limit to that "middle ground" you mention. Its not the most artful comparison but it kind of makes my point.

Brian

EDIT - given the recent turbulence on this thread I want to make it clear that I am NOT equating racism with gay marriage -- I would be much more willing to accept legal gay marriage (if that became the standard) than I would racial discrimination (if say it were made legal by repeal of the laws currently prohibiting it). I was making a point re: Snark's comment about approval vs. acceptance.


I understand where you're going with your example, but I think the circumstances are different.  Putting racism into practice as you describe would be them infringing upon the rights of others.  In this case no ones rights are being infringed if gays are allowed to marry.  There is no "victim" there beyond the sensibilities of those who disagree.

I wish I hadn't used racisim as an example given the history of this topic here.  I am absolutely not equating anyones sincere beliefes to those of racists. 

But in a way it IS a good example. 

Here's a quote that I really think applies here. 

Quoing Chief Justice Warren:
Quote:
Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.


That was from the ruling issued in Loving v. Virginia in 1967.  That was when laws outlawing interracial marriage were finally shot down.

An argument is often raised by those opposed to gay marriage (Not you Brian  ) that there is no infringements of rights because they have the same "right" to marry a person of the opposite sex.  I think that ruling pretty much shows why argument doesn't hold up. 

And a more recent ruling...

Quoting Justice Kennedy:
Quote:
This case does not involve minors, persons who might be injured or coerced, those who might not easily refuse consent, or public conduct or prostitution. It does involve two adults who, with full and mutual consent, engaged in sexual practices common to a homosexual lifestyle. Petitioners’ right to liberty under the Due Process Clause gives them the full right to engage in private conduct without government intervention.


From Lawrence v. Texas which shot down anti-sodomy laws.  Marriage is about the most private conduct possible.  It is the joining of two people together for life.  IMO, that is a choice that the state has no right to intrude upon.

Both cases came down to the Fourteenth Ammedment (Section 1):
Quote:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


Given the text of the constitution along with the precedent I don't think there's much doubt as to what would happen if it hits the SC. 

In a way though, I hope it doesn't  At least not soon.

As I've said, I respect anyones right to disagree with homsexuality, gay marriage, etc.  But I do believe that societal views on this are changing.  In another 20 years it will be a no-brainer, like Lawrence v. Texas was.  A Supreme Court ruling legalizing gay marriage at this time would be absolutely correct but incredibly devisive.  In another 20 years however people will hardly bat an eye as those states that DON'T recognize the right of a loving couple to marry regardless of sex are the aberrations instead of the rule.
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I know it may sound like mere semantics, but for some people there is a genuine difference between marriage and civil unions.  Marriage was based in religious beliefs and to a true believer do not change.  That's why there is a schism brewing in the Episcopal Church in the US today.  Some Church members believe the current leadership of the Episcopal Church are straying from the truth.  One thing to be said about a truth: it never changes.  Instead of these people abandoning the Church they believe the Church has abandoned them.  It is unlikely that it will be any different in 20 years.

Many people do not have a problem with giving gays, lesbians and transgendered people the same rights as anyone else as long as those rights aren't called "marriage."  One equitable solution would be to stop calling the civil contract "marriage" and let that word stand for the religious contract.  That way, the definition of marriage would be dependent on the religious organization involved.  So, for example, a marriage in the Metropolitan Church (which has been traditionally gay-friendly) could include same-sex couples while a Baptist Church wouldn't recognize such a union as a marriage.

I suspect the California proposition would have had a outcome if the issue were on banning civil unions and not marriages.
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Quoting Daddy DVD:
Quote:
California voters approve gay-marriage ban


Yea, it is unfortunate.  Here we, California I mean, help the country take a huge step forward by electing a black man as President, then turn around and take another step backwards.  I just don't get it.

I honestly don't see how this will stand.  We now have a Constitution, that is at odds with itself, as well as the U.S. Constitution.
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The Centauri learned this lesson once.
We will teach it to them again.
Though it take a thousand years, we will be free.
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Be fair, guys, all of the various bills nationwide against gay marriage won by large majorities, not JUST California. Califoria is not the United States, despite what the people of california seem to believe sometimes.     As I have said repeatedly I do not support anything, anywhere in the country which would support gay MARRIAGE, on the basis that I personallt do not recognize it, I view it as an assault on the institution of marriage and under the terms of the full faith and credit clause of the Constitution, I will not have one law accepting it in ANY state determine automatically that I must recognize it. I do not oppose rights for gays in a committed relationship, I do not oppose something called civil union, but unfortunately that is not enough for the gay community, they militantly want to attack the term MARRIAGE and then dare to be intolerant of my opinion claiming I am intolerant. I want them to have the same rights that I have whatever they want to call it, BUT THEY CANNOT and will NOT call it MARRIAGE.

I suggest that they moderate their position and let's meet somewhere in the middle.

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 Last edited: by Winston Smith
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