DOMA - struck down

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Sue U
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Re: DOMA - struck down

Post by Sue U »

rubato wrote:Homosexuals are entitled to equality period. But the best way of securing them with the greatest level of active public support is with a popular vote.
See my comment above; fundamental rights are not subject to a popular vote.
rubato wrote: While it is morally right to impose equality doing so would lead to the kind of generations-long obstruction and violence we have seen with the imposition of civil rights in the south.
There was nearly a hundred years of Jim Crow laws following on more than two centuries of slavery, largely because the federal government did not have the fortitude to make the 14th Amendment meaningful. Institutionalized bigotry will persist until it is crushed by necessarily external forces.
GAH!

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Re: DOMA - struck down

Post by rubato »

That depends on at what point of history you are in fact.

The external imposition of rights by force is justified by necessity. But the use of force fates one to a longer and harder course with a more partial success.

At the present moment is it possible to enact equal rights for homosexuals by popular vote in many parts of the U.S. which would allow for a much greater victory both morally and in practical effect. A community which has said of itself that they support the rights of homosexuals can be trusted far more to do the right thing for the right reason. Even when the forces of lawnOrder are not in sight.

All of the current data suggests that Californians will vote to support a homosexual right to marriage equality. It would show faith and respect in them to trust them to do so. And it would show faith and trust in the ability of the human race to change for the better. And we need that.


yrs,
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Re: DOMA - struck down

Post by rubato »

Sue U wrote:"...
There was nearly a hundred years of Jim Crow laws following on more than two centuries of slavery, largely because the federal government did not have the fortitude to make the 14th Amendment meaningful. Institutionalized bigotry will persist until it is crushed by necessarily external forces.
"Federal government" is an abstraction, not a conscious agent. Moral failing cannot belong to an abstraction, it belongs to the population as a whole. It is not what the government didn't do, it is what we didn't do.


Yrs,
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Big RR
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Re: DOMA - struck down

Post by Big RR »

[quoteAt the present moment is it possible to enact equal rights for homosexuals by popular vote in many parts of the U.S. which would allow for a much greater victory both morally and in practical effect. A community which has said of itself that they support the rights of homosexuals can be trusted far more to do the right thing for the right reason. Even when the forces of lawnOrder are not in sight.][/quote]

Sounds a bit like some of the compromises on slavery leading up to the civil war. Force was necessary to end slavery, just as it was when the civil rights of blacks was finally recognized (and that force of the government came, in good part, as a reaction to the fear of further force/violence in the streets. Allowing this issue to progress to a vote leads to major divisions that ultimately have to be reconciled.

dgs49
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Re: DOMA - struck down

Post by dgs49 »

"...fundamental human rights." What grotesque hubris. To imagine that a trendy contemporary initiative that has somehow eluded the human race for hundreds of thousands of years is "fundamental" and "human." It is incredible that anyone with an education beyond 8th grade would even write such nonsense.

The difference between Negro and Caucasian is largely cosmetic and cannot justify different treatment under the law. The difference between male and female is significant and fundamental; and the difference between a biologically appropriate male-female relationship and one that is exclusively characterized by sexual perversion and creative masturbation is a chasm.

I have no objection to the State recognizing any sort or relationship it wants to - no sweat off my balls either way, as long as it is done legitimately rather than by some rogues on a court. But to say that there is some "fundamental" obligation of governments to sanction these perverse couplings is delusional and ignores the entire scope of human history, including contemporary experience.

It's comparable to sanctioning the killing of babies in the womb at 20 weeks, and saying it is a matter of the "fundamental" rights of the mother (and "mother" is the operative word).

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Re: DOMA - struck down

Post by Big RR »

The difference between Negro and Caucasian is largely cosmetic and cannot justify different treatment under the law.
While few would argue that now, read some of the writings in the 17th-19th centuries to see how the differences were viewed by religious and academic authorities of the day. A far greater difference than between Caucasian males and females. Perhaps as society matures, we will see the silly attempts to show major differences between male and female as just as ridiculous and dated.

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Crackpot
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Re: DOMA - struck down

Post by Crackpot »

Hey at least Dave came up with an argument for denying women equal protection.
Okay... There's all kinds of things wrong with what you just said.

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Re: DOMA - struck down

Post by rubato »

Big RR wrote:[quoteAt the present moment is it possible to enact equal rights for homosexuals by popular vote in many parts of the U.S. which would allow for a much greater victory both morally and in practical effect. A community which has said of itself that they support the rights of homosexuals can be trusted far more to do the right thing for the right reason. Even when the forces of lawnOrder are not in sight.]
Sounds a bit like some of the compromises on slavery leading up to the civil war. Force was necessary to end slavery, just as it was when the civil rights of blacks was finally recognized (and that force of the government came, in good part, as a reaction to the fear of further force/violence in the streets. Allowing this issue to progress to a vote leads to major divisions that ultimately have to be reconciled.[/quote]


Not even close. It is more like saying the states which wanted to abolish slavery could do so and those which did not were to be compelled.

Hitting someone with a stick and forcing them to do some they were already willing to do robs them of the dignity of doing the right thing and in real life pisses people off and sometimes turns them to the other side.


Yrs,
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Joe Guy
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Re: DOMA - struck down

Post by Joe Guy »

Are you arguing with yourself?

Editing your post(s) may be an appropriate strategy at this point if your goal is to be understood... :D

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Scooter
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Re: DOMA - struck down

Post by Scooter »

dgs49 wrote:"...fundamental human rights." What grotesque hubris. To imagine that a trendy contemporary initiative that has somehow eluded the human race for hundreds of thousands of years is "fundamental" and "human."
First, pick up a dictionary and learn the meaning of the word hubris, because you are continually using it incorrectly. Even if you were to claim that a belief in the right of same-sex couples to marry is caused by excessive pride or arrogance (which is itself ridiculous, what does pride have to do with it), that isn't enough to constitute hubris, which requires some significant negative consequence to befall the person demonstrating excessive pride. It is pride of the "going before a fall variety". Which again does not apply here, because the belief in the right of same-sex couples to marry is making it come true faster than anyone could have envisioned only 10 years ago.

Apparently someone was never exposed to the basic elements of tragedy while in school.

Second, this notion that the nature of any human institution, particularly marriage, has remained static over time is moronic. For more than 99.9% of human existence, it was seen as acceptable for some humans to own some others. Is the ability to live as free men and women any less a fundamental right simply because for almost the entirety of human existence there were humans to whom the right to be free did not yet exist? It took over 99.9% of human existence before most, but not all, of the world acknowledged that women are not a lower form of humanity and so should not suffer a legal standing inferior to that of men. Does the fact that women only recently got the right to vote and the right to own property make those rights any less fundamental?
The difference between Negro and Caucasian is largely cosmetic and cannot justify different treatment under the law.
So you say. And yet for over two centuries African-Americans were barred from marrying at all, and then for another century they could not marry outside their race. At the time those who supported such discriminatory treatment believed themselves to be on the side of the angels because, after all, they relied on the Bible to justify their actions. It took over 300 years for American society (most of it, anyway) to come to the enlightened viewpoint you have just described and to finally say that those who had seen it differently in the preceding centuries had been wrong. Somehow I don't think it will take even a fraction of that time before those who opposed same-sex marriage will be seen as having been just as wrong, in spite of the fact that they, too, saw their viewpoint as biblically-based.
The difference between male and female is significant and fundamental; and the difference between a biologically appropriate male-female relationship and one that is exclusively characterized by sexual perversion and creative masturbation is a chasm.
So your hangups about which body parts can be used for sex and which must not is going to be the basis for defining marriage? How many heterosexual couples who will never have children and/or who enjoy sexual activities other than the missionary position will not be eligible to marry under your criteria
I have no objection to the State recognizing any sort or relationship it wants to - no sweat off my balls either way, as long as it is done legitimately rather than by some rogues on a court.
Which is why you always put "marriage" in quotation marks when referring to same-sex spouses, even when those relationships were recognized by the state through a process you would consider legitimate (and again, it is telling that a court that decides that the right to free speech includes the right to spend unlimited amount of money is seen as doing its job, but a court that has the nerve to decide that the Equal Protection Clause actually does mean what the words say has gone "rogue").
But to say that there is some "fundamental" obligation of governments to sanction these perverse couplings is delusional and ignores the entire scope of human history, including contemporary experience.
Here's a newsflash, over the course of human history, humans have been wrong about a lot of things they believed to be true or just or good, and they have also been able to correct the errors in their thinking as knowledge increased. Humans used to believe that, for women, marriage involved a loss of autonomy over their own person. As a result, over most of human history, including contemporary history, it was not a crime for a man to beat his wife or to force sex on her against her will. It took well into our lifetimes before the law no longer gave a man the same control over his wife's body that masters once had over their slaves. Would we say, simply because it is a recent development, that women do not have a fundamental right to be protected from violence if it is perpetrated by their husbands?

People have the right to be treated equally by their governments, especially in matters that go to the very heart of what it means to be human, such as
"Hang on while I log in to the James Webb telescope to search the known universe for who the fuck asked you." -- James Fell

Grim Reaper
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Re: DOMA - struck down

Post by Grim Reaper »

dgs49 wrote: The difference between male and female is significant and fundamental; and the difference between a biologically appropriate male-female relationship and one that is exclusively characterized by sexual perversion and creative masturbation is a chasm.
"Biologically appropriate" like that matters at all. You keep bringing up reproductive capability, as if that has ever been a requirement for marriage in this country. Yet you have no problems with sterile couples marrying, given that their reproductive chances are exactly equal to those in same-sex relationships.
dgs49 wrote:But to say that there is some "fundamental" obligation of governments to sanction these perverse couplings is delusional and ignores the entire scope of human history, including contemporary experience.
The government disallows a lot of marriages that were possible throughout the scope of human history. So using that as an excuse is rather weak and pitiful. Oh, we've always done it this way, just ignore all the times it was done in different ways.

rubato
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Re: DOMA - struck down

Post by rubato »

Joe Guy wrote:Are you arguing with yourself?

Editing your post(s) may be an appropriate strategy at this point if your goal is to be understood... :D

I was posting from an ipad. A quote was misplaced. This sort of thing happens. I hope the trauma does not cripple you for life.



yrs,
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Joe Guy
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Re: DOMA - struck down

Post by Joe Guy »

rubato wrote:
Joe Guy wrote:Are you arguing with yourself?

Editing your post(s) may be an appropriate strategy at this point if your goal is to be understood... :D
I was posting from an ipad. A quote was misplaced. This sort of thing happens. I hope the trauma does not cripple you for life.
It's too late for that, rubester. Your misplaced quote has left an indelible impression on my psyche, rendering me inoperable and inconsolable for the balance of my existence.

Thanks for nothing and I hope your wife's iPad breaks.

(sob)

rubato
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Re: DOMA - struck down

Post by rubato »

Joe Guy wrote:
rubato wrote:
Joe Guy wrote:Are you arguing with yourself?

Editing your post(s) may be an appropriate strategy at this point if your goal is to be understood... :D
I was posting from an ipad. A quote was misplaced. This sort of thing happens. I hope the trauma does not cripple you for life.
It's too late for that, rubester. Your misplaced quote has left an indelible impression on my psyche, rendering me inoperable and inconsolable for the balance of my existence.

Thanks for nothing and I hope your wife's iPad breaks.

(sob)
My wife's iPad?

What do you have against her?

yrs,
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Joe Guy
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Re: DOMA - struck down

Post by Joe Guy »

rubato wrote:
My wife's iPad?

What do you have against her?
I have nothing against your wife. But if her iPad breaks she might be so upset that it will affect you and cause you to experience just a bit of overwhelming grief similar to what I am experiencing - and all because of your misplaced quote.

The good news is that I'm certain that I will now qualify for handicapped parking which is great when going to concerts at Shoreline Amphitheatre in Mountain View.

I always try to look on the bright side of things.

rubato
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Re: DOMA - struck down

Post by rubato »

My wife does not have an iPad. I might buy her one for her birthday. She really likes the MLB app on mine.



yrs,
rubato

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Gob
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Re: DOMA - struck down

Post by Gob »

rubato wrote: What do you have against her?

the same as the rest of the rugby squad.
“If you trust in yourself, and believe in your dreams, and follow your star. . . you'll still get beaten by people who spent their time working hard and learning things and weren't so lazy.”

rubato
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Re: DOMA - struck down

Post by rubato »

Is there some logical sense in that? Or just your usual stupid crap?

Ahhh. Stupid crap.

I don't expect more from you. And you never deliver more.

yrs,
rubato

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Re: DOMA - struck down

Post by rubato »

Sue U wrote:
rubato wrote:Homosexuals are entitled to equality period. But the best way of securing them with the greatest level of active public support is with a popular vote.
See my comment above; fundamental rights are not subject to a popular vote.
First of all I would enjoin you to read the first sentence again:
Homosexuals are entitled to equality period.
And ask yourself if that does not mean what it appears to mean?

Second, even if one believes in the doctrine of natural rights one must accept that the ability to exercise those rights depends on the mechanisms of law and a society which supports those mechanisms.

In other words it is essential to have public support for the principles of fairness and equality which are enforced. In fact.

yrs,
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Joe Guy
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Re: DOMA - struck down

Post by Joe Guy »

rubato wrote:
Sue U wrote:
rubato wrote:Homosexuals are entitled to equality period. But the best way of securing them with the greatest level of active public support is with a popular vote.
See my comment above; fundamental rights are not subject to a popular vote.
........

Second, even if one believes in the doctrine of natural rights one must accept that the ability to exercise those rights depends on the mechanisms of law and a society which supports those mechanisms.

In other words it is essential to have public support for the principles of fairness and equality which are enforced. In fact.
So a popular vote is needed.... :lol:

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