Iowas Decision

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micatala
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Iowas Decision

Post #1

Post by micatala »

As you may have seen, the Iowa Supreme Court has legalized gay marriage.

http://www.desmoinesregister.com/articl ... S/90403010

The ruling is not up for appeal, and the legislative avenue for turning this back will be difficult and time consuming, with no possibility for a voter recall until 2012.


Questions for debate:

1) How much does this bolster the case in the U.S. agains gay marriage bans?

2) Is this a blip, or a signal of the tide turning?

A couple of snippets from the judges:
Friday’s decision also addressed what it called the “religious undercurrent propelling the same-sex marriage debate� and said judges must remain outside the fray.

“Our constitution does not permit any branch of government to resolve these types of religious debates and entrusts to courts the task of ensuring that government avoids them,� Cady wrote.

“This approach does not disrespect or denigrate the religious views of many Iowans who may strongly believe in marriage as a dual-gender union, but considers, as we must, only the constitutional rights of all people, as expressed by the promise of equal protection for all.�

I will try to post a link to the full decision. As another question for debate, we could consider the quality of this decision. Is this "judicial activism run amok" or is this another "Brown versus Board of Ed" ruling in which the judiciary stands up for minority rights that the majority is unwilling to bestow?
" . . . the line separating good and evil passes, not through states, nor between classes, nor between political parties either, but right through every human heart . . . ." Alexander Solzhenitsyn

Fisherking

Post #61

Post by Fisherking »

McCulloch wrote:
Fisherking wrote:It appears you hold the opinion that gay marriage is a human right. I would disagree -- marriage is a priviledge granted to heterosexual men and heterosexual women. Homosexual men and women do not have priviledges to enter that "clubhouse" any more than I have entering a women's locker room.
Close but not quite. I hold that the relevant human rights are that all humans are born free and equal in dignity and rights.
and that everyone is entitled to all their society's rights and freedoms without distinction. If our society is to recognize marriage, then such recognition should not be arbitrarily withheld from gays.
Why not? If our society recognizes marriage as between men and women and does not recognize marriage for those of the same sex, gays should be excluded from marriage.
McCulloch wrote:
Fisherking wrote:The slippery slope is defining marriage so broad that it can include any and all sexual perversion.
McCulloch wrote:By what authority do you decide which sexual activities are perversions?
Fisherking wrote:As a Christian, my God has the authority to decide.
As someone non-religious, it would simply be the majority. (which I believe is still against gay marriage).
I guess you failed high school civics.
  1. In the West, we don't base legislation on what your or anyone else's particular God is said to have decided.
Yes, but as a Christian my God would be the only one with the authority to decide what were deviations (perversions) from what he originally intended in sexual relationships.
McCulloch wrote: The majority does not decide who does and does not have their rights protected. That is why you have your Bill of Rights and we have our Charter of Rights and Freedoms.
Unless the Bill of Rights or Charter of Rights and Freedoms materialized out of thin air, there was either a majority or minority that decided what would be written in those documents.
McCulloch wrote:
Fisherking wrote:So all the bestialists would have to do is change the meaning of informed and consent to include whatever behavior deemed informing and consenting by the bestialists, right?
Still off topic, but yes, if they could convince the justices in the courts that a donkey met the legal requirements of informed consent, then it would be allowed
. :o
McCulloch wrote:I am challenging your selective reading of the Bible as the sole definition of what constitutes a traditional marriage. Did not Jacob have a traditional marriage? Is not concubinage traditional biblically? What about traditional Islamic or Polynesian marriages? What about the traditions of the Middle ages Europe? Why are you not proposing traditional Hindu marriage?
My point is that tradition is insufficient reason to legislate.

Why?
McCulloch wrote:Traditions change. Yet, you seem to want to hold to one particular tradition with regard to marriage, impost it on others who do not hold to that tradition but ignore many other traditions which are also ancient and well established. Why?
Why not? If the only authority is the majority, I simply have to convince the majority that traditions I hold are more "tasteful" than the minority's.

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Post #62

Post by Goat »

Fisherking wrote:
McCulloch wrote:
Fisherking wrote:It appears you hold the opinion that gay marriage is a human right. I would disagree -- marriage is a priviledge granted to heterosexual men and heterosexual women. Homosexual men and women do not have priviledges to enter that "clubhouse" any more than I have entering a women's locker room.
Close but not quite. I hold that the relevant human rights are that all humans are born free and equal in dignity and rights.
and that everyone is entitled to all their society's rights and freedoms without distinction. If our society is to recognize marriage, then such recognition should not be arbitrarily withheld from gays.
Why not? If our society recognizes marriage as between men and women and does not recognize marriage for those of the same sex, gays should be excluded from marriage.
THe society in Connectict, Massecutes, and Vermont and Iowa. There is the very good potential that it is going to be legalised in NY soon. So, if they reconize it, they obviously are not excluded from marriage. Why the double standard.
“What do you think science is? There is nothing magical about science. It is simply a systematic way for carefully and thoroughly observing nature and using consistent logic to evaluate results. So which part of that exactly do you disagree with? Do you disagree with being thorough? Using careful observation? Being systematic? Or using consistent logic?�

Steven Novella

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Post #63

Post by McCulloch »

Fisherking wrote:Why not [have recognition be arbitrarily withheld from gays]? If our society recognizes marriage as between men and women and does not recognize marriage for those of the same sex, gays should be excluded from marriage.
What part of arbitrary do you not understand?
Fisherking wrote:Yes, but as a Christian my God would be the only one with the authority to decide what were deviations (perversions) from what he originally intended in sexual relationships.
Yes, and as a Christian, you are free in our society to avoid such relationships that you have determined that your God has deemed to be perversions. My point is that this is no basis in our society to legislate against others.
McCulloch wrote:I am challenging your selective reading of the Bible as the sole definition of what constitutes a traditional marriage. Did not Jacob have a traditional marriage? Is not concubinage traditional biblically? What about traditional Islamic or Polynesian marriages? What about the traditions of the Middle ages Europe? Why are you not proposing traditional Hindu marriage?
My point is that tradition is insufficient reason to legislate.
Fisherking wrote:Why?
Did you even read my post? If tradition is sufficient reason to legislate, then we would also legislate concubinage, allow multiple marriage, bride burning, and a whole lot of other traditional practices.
McCulloch wrote:Traditions change. Yet, you seem to want to hold to one particular tradition with regard to marriage, impost it on others who do not hold to that tradition but ignore many other traditions which are also ancient and well established. Why?
Fisherking wrote:Why not? If the only authority is the majority, I simply have to convince the majority that traditions I hold are more "tasteful" than the minority's.
But I don't believe that the only authority is the majority. The tyranny of the majority is still a tyranny.
Examine everything carefully; hold fast to that which is good.
First Epistle to the Church of the Thessalonians
The truth will make you free.
Gospel of John

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Post #64

Post by kayky »

The purpose of the Constitution is to protect the minority from the majority. Human rights are not determined by personal taste. Is the tide turning? It has already turned--just as slavery was doomed from the start of the Civil War. Future generations will look back on those who opposed gay marriage with the same head-scratching disdain that we afford our slave-owning ancestors.

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Post #65

Post by micatala »

Fisherking wrote:
McCulloch wrote:
Fisherking wrote:It appears you hold the opinion that gay marriage is a human right. I would disagree -- marriage is a priviledge granted to heterosexual men and heterosexual women. Homosexual men and women do not have priviledges to enter that "clubhouse" any more than I have entering a women's locker room.
Close but not quite. I hold that the relevant human rights are that all humans are born free and equal in dignity and rights.
and that everyone is entitled to all their society's rights and freedoms without distinction. If our society is to recognize marriage, then such recognition should not be arbitrarily withheld from gays.
Why not? If our society recognizes marriage as between men and women and does not recognize marriage for those of the same sex, gays should be excluded from marriage.
Do you really want to apply this thinking consistently in other situations, past or present?

If a society recognizes voting as the priviledge of men, then women should be excluded from voting.

If a society recognizes voting as the priviledge of white people, then black people should be excluded from voting.

If a society recognizes marriage as a relationship between people of the same race, then blacks and whites should be barred from marrying each other.



McCulloch wrote:
Fisherking wrote:The slippery slope is defining marriage so broad that it can include any and all sexual perversion.
McCulloch wrote:By what authority do you decide which sexual activities are perversions?
Fisherking wrote:As a Christian, my God has the authority to decide.
As someone non-religious, it would simply be the majority. (which I believe is still against gay marriage).
I guess you failed high school civics.
  1. In the West, we don't base legislation on what your or anyone else's particular God is said to have decided.
Yes, but as a Christian my God would be the only one with the authority to decide what were deviations (perversions) from what he originally intended in sexual relationships.
What each individual considers moral for their own actions is up to them, as long as they do not infringe on the rights of others. Perversion is a moral distinction, not a legal one.

What is legal is a different matter than what is moral. It is immoral for Jews to eat certain foods. It is not and SHOULD NOT be illegal. It is immoral for Christians to divorce when adultery has not occurred. It is not and arguably should not be illegal.


McCulloch wrote: The majority does not decide who does and does not have their rights protected. That is why you have your Bill of Rights and we have our Charter of Rights and Freedoms.
Unless the Bill of Rights or Charter of Rights and Freedoms materialized out of thin air, there was either a majority or minority that decided what would be written in those documents.
True. However, once the basic rights are decided on they enjoy special status. They are not in the category of laws that can be easily or quickly changed based on changing majorities. That is the nature of constitutional rights, versus other rights.

Are you suggesting that if a majority decides people should NOT have freedom of religion or freedom of speech, that you would be OK with this?

McCulloch wrote:
Fisherking wrote:So all the bestialists would have to do is change the meaning of informed and consent to include whatever behavior deemed informing and consenting by the bestialists, right?
Still off topic, but yes, if they could convince the justices in the courts that a donkey met the legal requirements of informed consent, then it would be allowed
. :o

I think you are missing the sarcasm!?

What would be your estimate of the chances that the supreme court would find that donkeys are capable of informed consent?
McCulloch wrote:I am challenging your selective reading of the Bible as the sole definition of what constitutes a traditional marriage. Did not Jacob have a traditional marriage? Is not concubinage traditional biblically? What about traditional Islamic or Polynesian marriages? What about the traditions of the Middle ages Europe? Why are you not proposing traditional Hindu marriage?
My point is that tradition is insufficient reason to legislate.

Why?
If we let tradition dictate legislation than

1) Slavery would be legal
2) Women would not be able to vote or hold property
3) Wife-beating would be legal
4) Child labor would be legal

Are you saying you are in favor of going back to all the legal traditions of, say, early 19th century America?

Fisherking wrote:
McCulloch wrote:Traditions change. Yet, you seem to want to hold to one particular tradition with regard to marriage, impost it on others who do not hold to that tradition but ignore many other traditions which are also ancient and well established. Why?
Why not? If the only authority is the majority, I simply have to convince the majority that traditions I hold are more "tasteful" than the minority's.
Would you be willing to live with the majority imposing another religion on you?


I find it completely astonishing that you would be willing to live in a society where our basic rights were subject at anytime to being over-ruled by a simple majority vote.
" . . . the line separating good and evil passes, not through states, nor between classes, nor between political parties either, but right through every human heart . . . ." Alexander Solzhenitsyn

Fisherking

Post #66

Post by Fisherking »

micatala wrote:
Fisherking wrote:
McCulloch wrote:
Fisherking wrote:It appears you hold the opinion that gay marriage is a human right. I would disagree -- marriage is a priviledge granted to heterosexual men and heterosexual women. Homosexual men and women do not have priviledges to enter that "clubhouse" any more than I have entering a women's locker room.
Close but not quite. I hold that the relevant human rights are that all humans are born free and equal in dignity and rights.
and that everyone is entitled to all their society's rights and freedoms without distinction. If our society is to recognize marriage, then such recognition should not be arbitrarily withheld from gays.
Why not? If our society recognizes marriage as between men and women and does not recognize marriage for those of the same sex, gays should be excluded from marriage.
Do you really want to apply this thinking consistently in other situations, past or present?
It really doesn't matter what I want to apply, I was simply stating the fact that is how it is applied. It is applied in all types of situations. Men cannot go into a women's locker room whenever they want. The fox is not put in charge of chicken house security...
If a society recognizes voting as the priviledge of men, then women should be excluded from voting.

If a society recognizes voting as the priviledge of white people, then black people should be excluded from voting.

If a society recognizes marriage as a relationship[priveledge] between people of the same race, then blacks and whites should be barred from marrying each other.
That is exactly what did happen. The only reason it changed is because the majority (of society) decided these were 'rights'.


micatala wrote:
Fisherking wrote:
McCulloch wrote:
Fisherking wrote:The slippery slope is defining marriage so broad that it can include any and all sexual perversion.
McCulloch wrote:By what authority do you decide which sexual activities are perversions?
Fisherking wrote:As a Christian, my God has the authority to decide.
As someone non-religious, it would simply be the majority. (which I believe is still against gay marriage).
I guess you failed high school civics.
  1. In the West, we don't base legislation on what your or anyone else's particular God is said to have decided.
Yes, but as a Christian my God would be the only one with the authority to decide what were deviations (perversions) from what he originally intended in sexual relationships.
What each individual considers moral for their own actions is up to them, as long as they do not infringe on the rights of others. Perversion is a moral distinction, not a legal one.
Until the gay community can convince the majority that homosexuality is not a perversion, it will never gain the widespread acceptance that it should be considere a right.
micatala wrote:What is legal is a different matter than what is moral.

What is moral is the foundation for what is legal.
micatala wrote:
Fisherking wrote:
McCulloch wrote: The majority does not decide who does and does not have their rights protected. That is why you have your Bill of Rights and we have our Charter of Rights and Freedoms.
Unless the Bill of Rights or Charter of Rights and Freedoms materialized out of thin air, there was either a majority or minority that decided what would be written in those documents.
True. However, once the basic rights are decided on they enjoy special status. They are not in the category of laws that can be easily or quickly changed based on changing majorities. That is the nature of constitutional rights, versus other rights.
Yes, an the constitution can be amended (ultimately by the majority).
micatala wrote:Are you suggesting that if a majority decides people should NOT have freedom of religion or freedom of speech, that you would be OK with this?
I am not suggesting it, I am stating it as a matter of fact. If enough people decided we should not have a freedom of religion or speech, we would not have freedom or religion or speech.

micatala wrote:
McCulloch wrote:
Fisherking wrote:So all the bestialists would have to do is change the meaning of informed and consent to include whatever behavior deemed informing and consenting by the bestialists, right?
Still off topic, but yes, if they could convince the justices in the courts that a donkey met the legal requirements of informed consent, then it would be allowed
:o


I think you are missing the sarcasm!?

What would be your estimate of the chances that the supreme court would find that donkeys are capable of informed consent?
After the bestialists changed the meaning of informed and consent to include whatever behavior deemed informing and consenting by the bestialists, it would be informed consent by definition. Similarly, the homosexuals are attempting to change the meaning of marriage to include homosexuality by the same shifty method.
micatala wrote:
Fisherking wrote:
McCulloch wrote:I am challenging your selective reading of the Bible as the sole definition of what constitutes a traditional marriage. Did not Jacob have a traditional marriage? Is not concubinage traditional biblically? What about traditional Islamic or Polynesian marriages? What about the traditions of the Middle ages Europe? Why are you not proposing traditional Hindu marriage?
My point is that tradition is insufficient reason to legislate.

Why?
If we let tradition dictate legislation than

1) Slavery would be legal
2) Women would not be able to vote or hold property
3) Wife-beating would be legal
4) Child labor would be legal

Are you saying you are in favor of going back to all the legal traditions of, say, early 19th century America?
No, I said "If the only authority is the majority, I simply have to convince the majority that traditions I hold are more "tasteful" than the minority's".
Fisherking wrote:
McCulloch wrote:Traditions change. Yet, you seem to want to hold to one particular tradition with regard to marriage, impost it on others who do not hold to that tradition but ignore many other traditions which are also ancient and well established. Why?
Why not? If the only authority is the majority, I simply have to convince the majority that traditions I hold are more "tasteful" than the minority's.
micatala wrote:Would you be willing to live with the majority imposing another religion on you?
I wouldn't have a choice.

micatala wrote:I find it completely astonishing that you would be willing to live in a society where our basic rights were subject at anytime to being over-ruled by a simple majority vote.
I understand why one would find the concept distasteful, but ultimately the "authority" is either the majority or God. That's the cold, hard truth.

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Post #67

Post by kayky »

In this country the majority does not rule. The Constitution rules. Legal gay marriage is inevitable.

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Post #68

Post by micatala »

Fisherking wrote:
micatala wrote:
Fisherking wrote:
McCulloch wrote:
Fisherking wrote:It appears you hold the opinion that gay marriage is a human right. I would disagree -- marriage is a priviledge granted to heterosexual men and heterosexual women. Homosexual men and women do not have priviledges to enter that "clubhouse" any more than I have entering a women's locker room.
Close but not quite. I hold that the relevant human rights are that all humans are born free and equal in dignity and rights.
and that everyone is entitled to all their society's rights and freedoms without distinction. If our society is to recognize marriage, then such recognition should not be arbitrarily withheld from gays.
Why not? If our society recognizes marriage as between men and women and does not recognize marriage for those of the same sex, gays should be excluded from marriage.
Do you really want to apply this thinking consistently in other situations, past or present?
It really doesn't matter what I want to apply, I was simply stating the fact that is how it is applied. It is applied in all types of situations. Men cannot go into a women's locker room whenever they want. The fox is not put in charge of chicken house security...
If a society recognizes voting as the priviledge of men, then women should be excluded from voting.

If a society recognizes voting as the priviledge of white people, then black people should be excluded from voting.

If a society recognizes marriage as a relationship[priveledge] between people of the same race, then blacks and whites should be barred from marrying each other.


That is exactly what did happen. The only reason it changed is because the majority (of society) decided these were 'rights'.
That is only true in small part. In the second two cases, the judiciary had to lead the way. Essentially, the judiciary became persuaded that these rights already WERE present in the constitution, and acted to have them enforced. Initially, the judiciary OVER-RULED the majority. Only later were a majority of the congress and eventually the populace persuaded to support the enforcement of these rights.

Read our founding documents.

"We hold these truths to be self-evident. That all men are created equal, that they are endowed by their creator with certain unalienable rights. That among these . . ." and I believe it goes on to speak of life, liberty, and the pursuit of happiness..

This statement preceeds everything else in our legal system. It is foundational. It is the rationale behind why the constitution was written the way it was.

The rights that were "endowed by our creator" were not to be subject to the whims of the majority.

In acting against racial discrimination, the judiciary (and of course many within the populace and the legislative branches) were recognizing the injustice and unconstitutionality of what the majority in some states were imposing on the majority.


The same thing is happening again in our day with respect to gay rights. Read the Iowa decision. The Supreme Court of Iowa is recognizing that there is no rationale to constitutionally or legally support a ban on gay marriage. This is certain to make many people, perhaps even the majority, unhappy. But I have faith the justice will eventually triumph, even if unanymity is never acheived.


micatala wrote:
Fisherking wrote:
McCulloch wrote:
Fisherking wrote:The slippery slope is defining marriage so broad that it can include any and all sexual perversion.
McCulloch wrote:By what authority do you decide which sexual activities are perversions?
Fisherking wrote:As a Christian, my God has the authority to decide.
As someone non-religious, it would simply be the majority. (which I believe is still against gay marriage).
I guess you failed high school civics.
  1. In the West, we don't base legislation on what your or anyone else's particular God is said to have decided.
Yes, but as a Christian my God would be the only one with the authority to decide what were deviations (perversions) from what he originally intended in sexual relationships.
What each individual considers moral for their own actions is up to them, as long as they do not infringe on the rights of others. Perversion is a moral distinction, not a legal one.
Until the gay community can convince the majority that homosexuality is not a perversion, it will never gain the widespread acceptance that it should be considere a right.
Well, we'll see. My point is it should be considered a right, whether or not many consider it a perversion. Many people used to consider interracial marriage a perversion. Now, not so much.

micatala wrote:What is legal is a different matter than what is moral.

What is moral is the foundation for what is legal.
Again, true only in part, although probably a larger part than your previous statement.

There is typically an overlap between moral codes and legal codes. However, not all items in the many moral codes people in the U.S. follow are part of our legal code, and not all of our legal code is based on morals or even has anything to do with morals.

Typically, we only enact laws regulating morals or based on moral codes when there is a secular purpose to do so, and the law is considered necessary for a well-functioning society.

Getting a marriage license is part of our legal code. However, the state does not dictate the morals under which the couple will live, it only specifies what rights and responsibilities they have "under the legal license" and resulting contract. Whether the couple actually follows, for example, the moral edict to love each other the state does not involve itself in.

I have found all the rationale offered for banning gay marriage to be without merit not only on legal and constitutional grounds, but also moral grounds. However, the lack of legal and constitutional merit is enough, or at least should be enough, for the courts to strike gay marriage bans down as unconstitutional.

Unless the Supreme Court of the U.S. bows down to tradition and gives tradition (and political considerations and personal biases) more weight than the intent of the constitution, they will eventually rule against gay marriage bans.



Fisherking wrote:
micatala wrote:
Fisherking wrote:
McCulloch wrote: The majority does not decide who does and does not have their rights protected. That is why you have your Bill of Rights and we have our Charter of Rights and Freedoms.
Unless the Bill of Rights or Charter of Rights and Freedoms materialized out of thin air, there was either a majority or minority that decided what would be written in those documents.
True. However, once the basic rights are decided on they enjoy special status. They are not in the category of laws that can be easily or quickly changed based on changing majorities. That is the nature of constitutional rights, versus other rights.
Yes, an the constitution can be amended (ultimately by the majority).
This is possible. Politics, biases and prejudices, tradition, etc., have all played a part in the development of our constitution and some of the subsequent amendments. The failure of the proposed Equal Rights Amendment, for example, was probably due to tradition and a play to people's prejudices and fears.

It is also possible that the constitution can contain unjust provisions. Famously, the 3/5ths clause contained in the original constitution is pretty universally considered unjust today.

If a constitutional amendment banning gay marriage were to pass, it would, in my view, reflect an unjust regression back to a day when we allowed prejudices, biases, and unconstitutional infringements on freedom of religion to rule. It would be akin to rolling back the constitutional progress that occurred during and after teh civil war with respect to racism.

micatala wrote:Are you suggesting that if a majority decides people should NOT have freedom of religion or freedom of speech, that you would be OK with this?
I am not suggesting it, I am stating it as a matter of fact. If enough people decided we should not have a freedom of religion or speech, we would not have freedom or religion or speech.
Let us hope this never comes to pass.

However, I can see you do have a point.

I wonder what a supreme court would do were the congress and the people to enact an amendment in conflict with the existing constitution. I suppose one would have to simply repeal the "unwanted amendment".


It seems to me that to enact a constitutional amendment banning gay marriage, especially if that ban is clearly motivated by specific religious doctrines, repealing parts of the first amendment would be necessary to avoid an internal inconsistency within the constitution.

I would certainly not want to go there, and fortunately, it is not likely we ever will.



Fisherking wrote:
micatala wrote:
Fisherking wrote:
McCulloch wrote:I am challenging your selective reading of the Bible as the sole definition of what constitutes a traditional marriage. Did not Jacob have a traditional marriage? Is not concubinage traditional biblically? What about traditional Islamic or Polynesian marriages? What about the traditions of the Middle ages Europe? Why are you not proposing traditional Hindu marriage?
My point is that tradition is insufficient reason to legislate.

Why?
If we let tradition dictate legislation than

1) Slavery would be legal
2) Women would not be able to vote or hold property
3) Wife-beating would be legal
4) Child labor would be legal

Are you saying you are in favor of going back to all the legal traditions of, say, early 19th century America?
No, I said "If the only authority is the majority, I simply have to convince the majority that traditions I hold are more "tasteful" than the minority's".

Fisherking wrote:
McCulloch wrote:Traditions change. Yet, you seem to want to hold to one particular tradition with regard to marriage, impost it on others who do not hold to that tradition but ignore many other traditions which are also ancient and well established. Why?
Why not? If the only authority is the majority, I simply have to convince the majority that traditions I hold are more "tasteful" than the minority's.
As noted above, the majority is not the only authority; there is the judiciary.

Still, I find it astonishing you seem to be unconcerned about the ramifications of your position. The constitution was specifically designed to make it, if not impossible, at least extremely difficult for the majority to trample on the rights of the minority.

micatala wrote:Would you be willing to live with the majority imposing another religion on you?
I wouldn't have a choice.
So what actions would you take if the majority, say, outlawed the practice of Christianity and banned the sale and possession of Bibles?

Fisherking wrote:
micatala wrote:I find it completely astonishing that you would be willing to live in a society where our basic rights were subject at anytime to being over-ruled by a simple majority vote.
I understand why one would find the concept distasteful, but ultimately the "authority" is either the majority or God. That's the cold, hard truth.
According to the founders, God grants us unalienable rights. The majority should not be able to overthrow these rights, and when they do, it is considered tyranny and an injustice.

My position is banning gay marriage is an injustice. It is completely counter the spirit and letter of the current constitution. It serves no purpose except to succumb to certain religious views and ancient prejudices.



I support maintaining the constitution as a bulwark against the "tyranny of the majority." I consider it a blessing to live in a country where neither a single dictator, nor a prejudicial majority, is free to trample on the rights of myself or others.


I would point out to my fellow brothers and sisters in Christ that "you reap what you sow." To the extent that Christians do try to circumvent the spirit of the constitution to trample on the rights of others, they are sowing seeds that will eventually reap a harvest that might include restrictions on their own freedom of religion.

Should this happen (and fortunately I don't think it is likely), they will have only themselves to blame.



As Christians, we should remember that our faith and our relationship with Christ is something we have taken on voluntarily. We should not seek to abuse the legal and political structures of the land we live in to impose our religious views on others.
" . . . the line separating good and evil passes, not through states, nor between classes, nor between political parties either, but right through every human heart . . . ." Alexander Solzhenitsyn

Fisherking

Post #69

Post by Fisherking »

micatala wrote: The Supreme Court of Iowa is recognizing that there is no rationale to constitutionally or legally support a ban on gay marriage. This is certain to make many people, perhaps even the majority, unhappy. But I have faith the justice will eventually triumph, even if unanymity is never acheived.
Once we tear down our moral foundation there is no rationale to constitutionally or legally support a ban on anything, including gay marriage.
micatala wrote: My point is it should be considered a right, whether or not many consider it a perversion. Many people used to consider interracial marriage a perversion. Now, not so much.
My point is that it shouldn't be considered a right. The dirty little secret is that homosexuality was not an inalienable right endowed by the creator, a point you seem to continually deny.
micatala wrote:Unless the Supreme Court of the U.S. bows down to tradition
Unless the Supreme Court of the U.S. bows down to gay activism, they will recognize that marriage is for men and women and not for those of the same sex.
micatala wrote:If a constitutional amendment banning gay marriage were to pass, it would, in my view, reflect an unjust regression back to a day when we allowed prejudices, biases, and unconstitutional infringements on freedom of religion to rule.
No, it would be upholding the morality (ultimately from religion) we should have in society.
Our founding fathers understood the concept:

"We have no government armed with power capable of contending with human passions unbridled by morality and religion . . . Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams, 1798

"[T]he only foundation for a useful education in a republic is to be aid in religion. Without this there can be no virtue, and without virtue there can be no liberty, and liberty is the object and life of all republican governments. Without religion, I believe that learning does real mischief to the morals and principles of mankind."
Benjamin Rush

"[T]he Christian religion, in its purity, is the basis, or rather the source of all genuine freedom in government. . . . and I am persuaded that no civil government of a republican form can exist and be durable in which the principles of that religion have not a controlling influence." Noah Webster

If homosexuality is a perversion of the sexuality God created men and women with, then homosexuality is immoral and should not be sanctioned by government.

micatala wrote:It seems to me that to enact a constitutional amendment banning gay marriage, especially if that ban is clearly motivated by specific religious doctrines, repealing parts of the first amendment would be necessary to avoid an internal inconsistency within the constitution.
It appears most who signed or contributed to the Constitution understood that morals were motivated by relgious doctrine writing it with that concept in mind.
micatala wrote:the majority is not the only authority; there is the judiciary.
The judiciary is as corruptable as any other human institution. In many cases they are just political appointments stratigically placed to promote some groups political agenda (i.e. gay rights) with little interest in whether or not the individuals judges adhere to the constitution.
micatala wrote:
Fisherking wrote:
micatala wrote:Would you be willing to live with the majority imposing another religion on you?
I wouldn't have a choice.
So what actions would you take if the majority, say, outlawed the practice of Christianity and banned the sale and possession of Bibles?
I would appeal to the ultimate authority has said on the matter (God). If homosexuals could convince people that God sanctions homosexual marriage there would be little resistance. Since they cannot, resistance will remain.
micatala wrote: According to the founders, God grants us unalienable rights. The majority should not be able to overthrow these rights, and when they do, it is considered tyranny and an injustice.
I seriously doubt our founders considered sodomy an unalienable right, let alone God.
micatala wrote:My position is banning gay marriage is an injustice. It is completely counter the spirit and letter of the current constitution. It serves no purpose except to succumb to certain religious views and ancient prejudices.
In my opinion gay sex is sin and should not be sanctioned by the state, nor should word definitions be redifined (marriage) to accomidate whatever group that wishes to claim it as their own. If gays wish to be joined together for life nobody is preventing them from doing so. They could even come up with a new term (i.e. gayiage, homoariage) to define their relationship...
micatala wrote:I support maintaining the constitution as a bulwark against the "tyranny of the majority." I consider it a blessing to live in a country where neither a single dictator, nor a prejudicial majority, is free to trample on the rights of myself or others.
I'm sure you do, as long as the judiciary rules in your favor. I seriously doubt you would consider it such a blessing if the 9 individuals on the Supreme Court decided that gay marriage and abortion should be banned....

micatala wrote:I would point out to my fellow brothers and sisters in Christ that "you reap what you sow." To the extent that Christians do try to circumvent the spirit of the constitution to trample on the rights of others, they are sowing seeds that will eventually reap a harvest that might include restrictions on their own freedom of religion.
" Who is my mother? and who are my brethren? And he stretched forth his hand toward his disciples, and said, Behold my mother and my brethren! For whosoever shall do the will of my Father which is in heaven, the same is my brother, and sister, and mother." (Jesus)

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micatala
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Post #70

Post by micatala »

Fisherking wrote:
micatala wrote: The Supreme Court of Iowa is recognizing that there is no rationale to constitutionally or legally support a ban on gay marriage. This is certain to make many people, perhaps even the majority, unhappy. But I have faith the justice will eventually triumph, even if unanymity is never acheived.
Once we tear down our moral foundation there is no rationale to constitutionally or legally support a ban on anything, including gay marriage.
I would disagree. Certainly there are countries all over world that do not base their legal system on conservative Christian morals and many of these operate just fine.

However, the larger issue is what counts as the moral foundation. My opposition to bans on gay marriage is every bit morally based as your support of bans. In particular, I base my opposition on

1) The golden rule
2) Freedom of religion which is at least implicitly present in many biblical teachings. It is up to each person to decide whether they will accept Christ or not. I do not believe you can find much support in the NT, if any, for the notion that non-believers should be made to subscribe to Christian teaching.
3) Romans chapter 14, where it is allowed that each believer can decide for themselves what is sinful (moral) or not in their own conscience and in their own relationship with God. Believers are told not to judge other believers as it is "to their own master they stand or fall." As long as believer A is not harming believer B directly or by harming his faith, believer A is free to follow whatever practice they deem fit for themselves.

Following the biblical moral teaching 3), gays should be free to marry. It might be appropriate to ask them not to make inordinate displays of affection in public, but that would be considered appropriate for heterosexuals as well.

Following biblical teaching (1), we should not be deciding for others who they can and cannot marry if we are not willing to have others decide for us who we can and cannot marry.

Following (2), we should not seek to abuse the political process in order to tyrannize or oppress others of different religious views.


Your protestations about morals is hollow. No one is stopping you from practicing the morals you deem most appropriate for yourself. I am not even saying you should not let your morals determine your political views. I do disagree that it is appropriate to enforce your particular moral views on others unless there is a compelling societal reason to do so.


I completely and categorically reject your notion that banning gay marriage is the moral choice and not banning it is the immoral choice.


Now, to address another of your points.



micatala wrote: My point is it should be considered a right, whether or not many consider it a perversion. Many people used to consider interracial marriage a perversion. Now, not so much.
My point is that it shouldn't be considered a right. The dirty little secret is that homosexuality was not an inalienable right endowed by the creator, a point you seem to continually deny.


I agree and allow that there is no explicitly enumerated right in the constitution to gay marriage. However, read what James Madison wrote on June 8 of 1789.
James Madison wrote: That all power is originally vested in, and consequently derived from the people
Note the people rule, not God. Certainly the founders based some of their thinking on their religious views, but, knowing their history, they understood the people would need to govern themselves, and that allowing religions an undue place in government could lead to tyranny. Their not too distant ancestors had experienced this tyranny, and it had led many of them to emigrate to the New World.
That Government is instituted, and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety."
Bans on gay marriage go square against the principle that we each have the right to pursue happiness as we see fit.


Now, let's look at the actual preamble to the constitution.
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Note the prominence of justice and liberty. Bans on gay marriage are unjust, because they treat people unequally, and they deny liberty.

Note also there is no mention of a moral foundation here. The justification is a practical one; "to form a more perfect union."

If one continues into the body of the constitution, one will note that marriage is nowhere defined and is not even directly addressed. What is addressed in the bill of rights are our freedoms, including freedom of religion.

Freedom of religion means being able to choose ones own religion, and follow the religious doctrines and the definition of morality of ones own choosing.

By attempting to impose their own religious doctrines on others through gay marriage bans, those who do so are violating the principle of freedom of religion. Thus, unless supporters of such bans can provide a reasonable, non-religious reason for such bans, they have no constitutional ground to stand on.



micatala wrote:Unless the Supreme Court of the U.S. bows down to tradition
Unless the Supreme Court of the U.S. bows down to gay activism, they will recognize that marriage is for men and women and not for those of the same sex.

Again, where in the constitution is marriage defined as between one man and one woman?

I again commend a reading of the full Iowa decision to you. Perhaps you can indicate how their reasoning is legally in error and counter to the constitution.
Fisherking wrote:
micatala wrote:If a constitutional amendment banning gay marriage were to pass, it would, in my view, reflect an unjust regression back to a day when we allowed prejudices, biases, and unconstitutional infringements on freedom of religion to rule.
No, it would be upholding the morality (ultimately from religion) we should have in society.


Our founding fathers understood the concept:

"We have no government armed with power capable of contending with human passions unbridled by morality and religion . . . Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams, 1798
And what particular moral and religious views do you think John Adams had in mind as being necessary? Are you seriously suggesting opposing gay marriage would be among them? I would suggest he had such moral teachings in mind as those I cited above:

1) The golden rule
2) Honesty
3) Fair-mindedness and fair judgments
4) Respect for the rights of others

Do you have any source for what you think Adams had in mind?

You are making a huge assumption in thinking that men like Adams, were they alive today, would be taking your position. This assumption again goes back to thinking that tradition should dictate morality and legality. Again, if you want to go back to the "tradition" argument, maybe you should directly address why we should not go back to the following traditions.

micatala wrote:If we let tradition dictate legislation than

1) Slavery would be legal
2) Women would not be able to vote or hold property
3) Wife-beating would be legal
4) Child labor would be legal


Are you saying you are in favor of going back to all the legal traditions of, say, early 19th century America?
Your response was to vacate tradition and appeal to the authority of the majority
Fisherking wrote: No, I said "If the only authority is the majority, I simply have to convince the majority that traditions I hold are more "tasteful" than the minority's".
This again goes against the very rationale of having a bill of rights in the first place.

"[T]he only foundation for a useful education in a republic is to be aid in religion. Without this there can be no virtue, and without virtue there can be no liberty, and liberty is the object and life of all republican governments. Without religion, I believe that learning does real mischief to the morals and principles of mankind."
Benjamin Rush

Again, which religious principles do you think Rush is referring to? Also, notice the importance of liberty. And finally, note that this and your other quotes are not part of the constititution, they only express the opinions of the authors.


Now again, I grant that religion can be a good thing. I have no problem with people advocating for religious views or using their religious views to inform their politics. However, advocating for the desirability of a religious populace is quite different than imposing particular religious rules on everyone as the law of the land.

I do not believe your quotes support this latter position.





If homosexuality is a perversion of the sexuality God created men and women with, then homosexuality is immoral and should not be sanctioned by government.
To conclude, where in the constitution does it say that the purpose of government is to enforce particular religious views? WHere in the constitution does it say the law should recognize and enforce any particular sexual mores?



micatala wrote:
Fisherking wrote:
micatala wrote:Would you be willing to live with the majority imposing another religion on you?
I wouldn't have a choice.
So what actions would you take if the majority, say, outlawed the practice of Christianity and banned the sale and possession of Bibles?
I would appeal to the ultimate authority has said on the matter (God).

And what likelihood would you give that God would directly intervene in your favor?

I am all for prayer and basing ones actions on moral and Godly principles. However, as a practical matter you will have to persuade actual persons to agree with you. This is one instance where we are largely in agreement.

You may not need a majority. As with racial prejudice, I would suggest the first action should be to take your case to the courts. This may not work, but at least the courts are set up to be somewhat immune (although I agree with your previous point they are not totally immune) to political pressure. Clearly, claims of injustice are often easier to successfully make in the courts than to the population at large.


If homosexuals could convince people that God sanctions homosexual marriage there would be little resistance. Since they cannot, resistance will remain.
I suspect you are right that resistance will remain. However, I have some faith that this resistance will eventually be marginalized. In addition, one does not need to persuade people to believe that God sanctions gay marriage, only that it is a reasonable thing to allow in a pluralistic society that espouses religious freedom.





Fisherking wrote:
micatala wrote:I would point out to my fellow brothers and sisters in Christ that "you reap what you sow." To the extent that Christians do try to circumvent the spirit of the constitution to trample on the rights of others, they are sowing seeds that will eventually reap a harvest that might include restrictions on their own freedom of religion.
" Who is my mother? and who are my brethren? And he stretched forth his hand toward his disciples, and said, Behold my mother and my brethren! For whosoever shall do the will of my Father which is in heaven, the same is my brother, and sister, and mother." (Jesus)
I accept your sincerity that you believe God opposes gay marriage. I do not share your opinion. My opposition to gay marriage bans is not in opposition to Christianity, it is rather informed by my understanding of the most important teachings of Jesus. Now, we'll continue to disagree on that point, I expect.




However, the larger questions continues to be why those who share your religious views should be allowed to impose their will, by majority or other means, on others when allowing gay marriage does absolutely no demonstrable harm of any kind to anyone.
" . . . the line separating good and evil passes, not through states, nor between classes, nor between political parties either, but right through every human heart . . . ." Alexander Solzhenitsyn

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