Appeals court: Denying federal benefits to same-sex couples is unconstitutional

The Defense of Marriage Act, which denies federal benefits to same-sex couples, was declared unconstitutional Thursday. NBC's Matt Lauer reports.

Updated at 2:30 p.m. ET: A federal appeals court has ruled that the Defense of Marriage Act, a law that denies a host of federal benefits to same-sex married couples, is unconstitutional.

The 1st U.S. Circuit Court of Appeals in Boston ruled Thursday that the act known as DoMA, which defines marriage as a union between a man and a woman, discriminates against gay couples.


The law was passed in 1996 at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004, and followed by Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. Maryland and Washington’s laws are not yet in effect and may be subject to referendums.

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The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.

The 1st Circuit said its ruling wouldn’t be enforced until the U.S. Supreme Court decides the case, meaning that same-sex married couples will not be eligible to receive the economic benefits denied by DOMA until the high court rules.

Attorney Paul Clement, who represented the House of Representatives in defending DOMA, told msnbc.com that no decisions on legal strategy have been made.

“But we have always been clear we expect this matter ultimately to be decided by the Supreme Court, and that has not changed,” he said.

Gay & Lesbian Advocates & Defenders, the Boston-based legal group that brought one of the lawsuits on behalf of gay married couples, said the court agreed with the couples that it is unconstitutional because it takes one group of legally married people and treats them as "a different class" by making them ineligible for benefits given to other married couples.

"We’ve been working on this issue for so many years, and for the court to acknowledge that yes, same-sex couples are legally married, just as any other couple, is fantastic and extraordinary," said Lee Swislow, GLAD’s executive director.

Earlier: Illinois same-sex couples sue for right to marry

During arguments before the court last month, a lawyer for gay married couples said the law amounts to "across-the-board disrespect." The couples argued that the power to define and regulate marriage had been left to the states for more than 200 years before Congress passed DoMA.

An attorney defending the law argued that Congress had a rational basis for passing it in 1996, when opponents worried that states would be forced to recognize gay marriages performed elsewhere. The group said Congress wanted to preserve a traditional and uniform definition of marriage and has the power to define terms used to federal statutes to distribute federal benefits.

More than 1,000 benefits in question
Two California federal judges earlier said the act violated constitutional standards.

Judge Claudia Wilken of Oakland ruled May 24 that the law legalized bigotry by withholding more than 1,000 federal benefits -- such as joint tax filing, Social Security survivor payments and immigration sponsorship -- from gays and lesbians legally married under state law.

Judge Jeffrey White of San Francisco also declared DoMA unconstitutional and ordered the government to provide family insurance coverage to the wife of a lesbian court employee. White's ruling has been appealed to the Ninth U.S. Circuit Court of Appeals, which will hear the case in September.

President Barack Obama withdrew his administration's defense of the law in February 2011, saying he considered it unconstitutional. House Speaker John Boehner convened the Bipartisan Legal Advisory Group to defend it. The legal group argued the case before the appeals court.

On May 9, Obama declared in an interview with ABC News his unequivocal support for gay marriage, becoming the first president to endorse the idea.

Obama said, "I have hesitated on gay marriage in part because I thought that civil unions would be sufficient." He added that he "was sensitive to the fact that for a lot of people the word 'marriage' was something that invokes very powerful traditions, religious beliefs and so forth."

Now, he said, "it is important for me personally to go ahead and affirm that same-sex couples should be able to get married."

Two of the three judges who decided the case Thursday were Republican appointees, while the other was a Democratic appointee. Judge Michael Boudin, who wrote the decision, was appointed by President George H.W. Bush, while Judge Juan Torruella was appointed by President Ronald Reagan. Chief Judge Sandra Lynch is an appointee of President Bill Clinton.

Groups slam, praise ruling

  • “Liberal federal judges in Massachusetts and California have resorted to making up legal standards in order to justify redefining marriage,” said Brian Brown, president of The National Organization for Marriage. “They realize the legal precedent doesn’t allow them to redefine marriage, so they are making up new standards to justify imposing their values on the rest of the nation. It is clear that the U.S. Supreme Court is going to have to resolve this issue once and for all. … It’s obvious that the federal courts on both coasts are intent on imposing their liberal, elitist views of marriage on the American people.”
  • "We are thrilled that another court -- this time, the 1st Circuit Court of Appeals -- has ruled that it is unconstitutional to deny respect to the marriages of lesbian and gay couples," said Camilla Taylor, National Marriage Project Director for Lambda Legal. “We congratulate our colleagues at GLAD for achieving this wonderful victory."
  • "This is one more powerful statement now from an appellate court following four other federal courts that the so-called Defense of Marriage Act is indefensible under the constitution and should be discarded," Evan Wolfson, founder and president of Freedom to Marry, told msnbc.com. "It’s obviously a great victory not just for families harmed by federal marriage discrimination but for the country. Hopefully it will help us get back to our normal practice of the federal government respecting the marriages celebrated in the states without a gay exception."

Msnbc.com's Miranda Leitsinger and Jim Gold and The Associated Press contributed to this report.

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Comment author avatarThor TRestored

Activist judges need to be taken out of the workforce. I despise judges who are hell bent on changing society, no one put them in to do that, just to back the law. As a body politic, lets remove the activist judges, we should not be held by the tyranny of the few unelected officials (OMG, didn't obama say the same thing?)

  • 114 votes
#1 - Thu May 31, 2012 10:46 AM EDT
Comment author avatarArizona-BuckeyeExpand Comment Comment collapsed by the community

Adjust your tinfoil hat, get back on your meds, and turn off Fox - you're babbling and drooling on yourself again!

  • 223 votes
#1.1 - Thu May 31, 2012 10:49 AM EDT

Wow. Activist judges are only those who decide a case in any way you disagree with right?

If they were activists in 'the right way' you wouldn't have a problem.

Gee - so enlightened.

  • 248 votes
#1.2 - Thu May 31, 2012 10:49 AM EDT
Comment author avatarMike FillmoreExpand Comment Comment collapsed by the community

Is this really news?

  • 8 votes
#1.3 - Thu May 31, 2012 10:50 AM EDT

I sincerely doubt they are out to change society. Their job is to interpret the constitution as best they can.

Part of the reason to vote in the Presidential elections

  • 120 votes
#1.4 - Thu May 31, 2012 10:51 AM EDT

Far from "activists", this is a decision that has needed to be made for some time. Same sex marriage in no way infringes on the rights of hetero couples.

I agree that DOMA is unconstitutional. Now take it to the Supremes so we can be done with this.

  • 209 votes
#1.5 - Thu May 31, 2012 10:51 AM EDT
Comment author avatarSkookum JimExpand Comment Comment collapsed by the community

Thor you dimwit inbred, the law says discrimination is unconstitutional. The curt found that DoMA is discriminatory, ergo UNCONSTITUTIONAL. Get your head out of your ass.

  • 128 votes
#1.6 - Thu May 31, 2012 10:51 AM EDT

Uh, actually you're wrong Thor. The role of federal judges is not just to "back the law" but also to strike down any federal laws that may be "passed" but are unconstitutional. Good for the judge. The fact is we don't need to legalize gay marriage, we just need to get the government out of it all together. If a state wants to define marriage that's an issue for the people of the state but it is NOT the job of the federal government.

  • 89 votes
#1.7 - Thu May 31, 2012 10:52 AM EDT

By 'activist judges' you mean the ones that actually interpret the Constitution and don't allow primal hatreds to cloud their judgments?

  • 169 votes
#1.8 - Thu May 31, 2012 10:53 AM EDT

There is no such thing as "activist judges". By using that term, you claim judges pull these rulings out of their asses. The judges have a JOB to do. They have to rule one way or the other per the arguments presented to them. After studying the case, they make a decision based on law and the constitution. Just because they rule in the direction that displeases you, that makes them "activists"? Think again.

  • 100 votes
#1.9 - Thu May 31, 2012 10:53 AM EDT

So people who stand up for equal rights are called "activists," as if that's a bad thing? I guess you would call women who fought for the right to vote in the 1920's "activists," as well as blacks who marched for their civil rights in the 60's. To me, that's a GREAT thing!

In cases of civil rights, these "activist" judges were accurately applying the U.S. Constitution -- or is that too radical for you?

Discrimination against people who are not like us is going out of style, so you can either stick to your racist, homophobic insecurities and look like an ignorant jerk or you can become accepting of different people and join the human race.

Face it, if you left your small group of friends and neighbors, EVERYBODY would look different to you - whether it's race, religion, customs, sexual preference, disabilities, or place of origin. We all have to live together peacefully (and that means in a just, fair society) and productively for the world to prosper.

  • 138 votes
#1.10 - Thu May 31, 2012 10:59 AM EDT
Comment author avatarnode4Expand Comment Comment collapsed by the community

If these "activist judges" ever outlaw stupidity, it's going to really hurt ultra-conservative recruiting.... that's their real fear.

  • 77 votes
#1.11 - Thu May 31, 2012 10:59 AM EDT
Comment author avatarCheesehead-1110193Expand Comment Comment collapsed by the community

Our justice system still works! Watch for more violence in the coming days by idiots who can't stand the thought of equality for the LGBT community. More preachers will keep preaching hate and more young people will respond with violence since they think God is on their side. Will God keep blessing America?

  • 61 votes
#1.12 - Thu May 31, 2012 11:00 AM EDT

my heart tells me im a homophobe (sorry if i offend anyone but it is my southern baptist updringing) but by head tells me that all the discriminatory laws are wrong (not really sorry if i offend anyone including myself). everyone needs to go back to 3rd grade civics again. the congress makes the laws, the supreme court is supposed to interpret what the laws mean, and the president is supposed to enforce the laws. the courts should not tell congress what laws to pass and neither bush nor obama should pick and choose which laws to enforce. frankly, only congress should ba able to declare war as well. our whole govt has been corrupted by $$$ and the likes of citizens united- FUBAR.

  • 54 votes
#1.13 - Thu May 31, 2012 11:00 AM EDT

This may remove impediments to receiving federal benefits, but states can still discriminate.

  • 29 votes
#1.14 - Thu May 31, 2012 11:01 AM EDT

The fact is we don't need to legalize gay marriage, we just need to get the government out of it all together. If a state wants to define marriage that's an issue for the people of the state but it is NOT the job of the federal government.

Except that the Supreme Court, in Loving v. Virginia, ruled that marriage is a "basic civil right" under the 14th Amendment, and while the states can regulate marriage up to a point, they CANNOT discriminate in those regulations.

  • 81 votes
#1.15 - Thu May 31, 2012 11:01 AM EDT
Comment author avatartackandcoverExpand Comment Comment collapsed by the community

This decision should really light up the right wing, conservative, bible thumping "christian" fascists.

  • 66 votes
#1.16 - Thu May 31, 2012 11:04 AM EDT

Why are you so intent on having the Government tell people who they can and cannot marry? What does it matter to YOU? Why is it your business? I don't think the government needs to be involved at any but the most basic legal levels when it comes to people getting married. Legal age and by mutual consent of all parties about to be within the marriage. Leave it there and let people figure it out for themselves.

  • 58 votes
#1.17 - Thu May 31, 2012 11:07 AM EDT

This only shows your total lack of understanding of the separation of powers in the Constitution. The judiciary is bound not only to defend the law but to interpret its actual "lawfulness". If we didn't have an independent judiciary, the Legislative branch could pass any law--say one making people with blue eyes getting their left hands lopped off--and we'd just have to follow it, blindly, because it's the law.

Every judge, by definition, should be "activist" as you seem to envision it: i.e. they look at a law and say "This law isn't legal, by virtue of our constitution" or "this law is totally in line with our Constitution." Wake up, man.

  • 61 votes
#1.18 - Thu May 31, 2012 11:07 AM EDT

Actually judges are human and therefore they will let their personal views get in the way, the supreme court has been accused by the left of that for several years now, so what's up with that? Certain fed districts are well known for ruling in the liberal view or in the conservative view.

I could care less which way this goes...just sayin

  • 6 votes
#1.19 - Thu May 31, 2012 11:09 AM EDT

this decision is right on point; the Supreme court will rule within 4 weeks on the real issue; which is, " a valid marriage will be defined by State law ", they have already all but said that in their last decision involving the 10th amendment; Mass. ,allows same sex Marriage, therefore benefits cannot be denied under Mass. law. There are now 33 states that do not recognize same sex marriage, therefore in those states benefits would be denied.

  • 6 votes
#1.20 - Thu May 31, 2012 11:11 AM EDT

Like Judges that decide corporations are people?

or

Judges that think that there should be a way to anonymously buy an election?

or

Judges that decide how a state determines the winner of it's own election?

that kind of activism?

  • 57 votes
#1.21 - Thu May 31, 2012 11:12 AM EDT

Toldja y'all this was next...

  • 7 votes
#1.22 - Thu May 31, 2012 11:15 AM EDT

@Bill:

The Supreme Court can also find a law or part of it unconstitutional, and thus strike it off the books. This happened many times.

  • 11 votes
#1.23 - Thu May 31, 2012 11:17 AM EDT

@Mark: careful, you're confusing the lemmings with your pesky insight; they'll never make it to the cliff if you keep doing that.

  • 11 votes
#1.24 - Thu May 31, 2012 11:18 AM EDT
Comment author avatarAllen-968499Expand Comment Comment collapsed by the community

tackandcover

This decision should really light up the right wing, conservative, bible thumping "christian" fascists.

Nice attempt at a spin, but the Defense of Marriage Act and Don't Ask Don't Tell laws were when Clinton was in office. It seems everything Democrat president's have done in the last 3 decades is being overturned slowly. Now we just need to fix what Clinton did with our crappy foreign trade deals and stop nickel & diming corporations to the point that they can't compete with foreign labor costs and things will be getting back on track.

  • 18 votes
#1.25 - Thu May 31, 2012 11:24 AM EDT
Comment author avataranaxgnosisExpand Comment Comment collapsed by the community

I don't believe it says anything about gays or marriage in the constitution so how could DOMA not be unconstitutional? It singles out a certain group of people and denies them certain rights. It shows the tyranny of the majority once more. In fact it doesn't even have to be a majority, just a well funded and fanatical faction. Let us hope we don't go down that road with the Christo-fascists.

  • 46 votes
#1.26 - Thu May 31, 2012 11:28 AM EDT
Comment author avatarMr.SteadyExpand Comment Comment collapsed by the community

More preachers will keep preaching hate and more young people will respond with violence since they think God is on their side. Will God keep blessing America?

The irony of your statement is astounding. The Bible makes it very clear that God will only bless a nation that follows His precepts. Any nation that continues to deny Him WILL be damned. So, in answer to your question, no He will not continue to indefinitely bless a nation whose hatred and denial of Him is accelerating to an unprecedented pace.

  • 17 votes
#1.27 - Thu May 31, 2012 11:44 AM EDT
Comment author avatarLee-2124113Expand Comment Comment collapsed by the community

Using MY "uncostitutionally taken" tax dollars to support these people is simply unconstitutionally DISGUSTING!!!

  • 19 votes
#1.28 - Thu May 31, 2012 11:52 AM EDT

Lee, obviously my tax dollars that helped pay for your education, were sadly wasted!

  • 60 votes
#1.29 - Thu May 31, 2012 11:59 AM EDT

Why are sigle people discriminated against in this country??? I choose to be single but I'm taxed at twice the rate as "couples".

Something stinks here........

  • 23 votes
#1.30 - Thu May 31, 2012 11:59 AM EDT

Well, crap. Now Arizona is going to have to do something stupid about this.

And then California is going to have to legalize cocaine.

Its going to be a festival of dumb.

All I have to say is I think its a good day for the gay community.

  • 16 votes
#1.31 - Thu May 31, 2012 12:01 PM EDT

Gays pay for people's marriage benefits through taxes...

recieve none...ontop of that they dont have kids

if anything homosexuals get FAR LESS out of thier tax dollars then ANYONE

  • 38 votes
#1.32 - Thu May 31, 2012 12:07 PM EDT
Comment author avatarLee-2124113Expand Comment Comment collapsed by the community

IsrJablonski-4309573

Since you seem to be an expert on the subject......

Can you please tell me where, in the Constitution, it says the Federal government is "entitled" to take my money and use it as they please???

I'll be waiting........

  • 9 votes
#1.33 - Thu May 31, 2012 12:08 PM EDT

The religion of SELF RIGHTEOUNESS is out to judge people like gods...

Do you still listen to your parent as an adult? then why the hell are people coming together to vote on other peoples rights?

While we're at it, lets go back and vote for woman's right, civil rights and slavery...

too many dumb bimbos

GET OFFA UR HIGH HORSE!

  • 9 votes
#1.34 - Thu May 31, 2012 12:10 PM EDT
Comment author avatarCaptExpand Comment Comment collapsed by the community

What a surprise! The lefties are out in droves on this one! One of my best friends is a devout atheist who hates religion/church/Christianity and even he/them agree that queers (term acceptable to my gay friends) will be the end of the country. Even the gay community that I associate with concedes they have to stay a minority to exist at all (for a good time get a queer drunk and talking, it's very enlightening!). And to really put those who hate Christians into an apoplectic fit, when I (a Christian man) have attended GLAD et al events and speak with some on an individual basis they concede the same point, obviously. Of course they can't say it publicly and it can't be stated by others without being labeled a hater (LOL). There's a reason for the name queer, it's an aberration of nature and is the quickest way to ensure the destruction of a Country and a society. Do I hate 'em? Nope...I don't worry about them to near the same degree they worry about me...how funny! I do agree that all citizens should have the same rights...no exceptions. But calling a tree a rock doesn't make it a horse. Marriage is between one man and one woman. Queers can hi-jack another word for their union (and have the same rights), they've already stolen gay and queer...leave marriage alone:)

  • 16 votes
#1.36 - Thu May 31, 2012 12:15 PM EDT

The problem that the anti-gay marriage crowd faces is arguing their case WITHOUT using religion.

Separation of Church and State exists in this country, and we are a secular nation... that means that religion is NOT a valid reason to pass laws. You CAN NOT use religion to discriminate against ANY group.

So, those opposed to gay marriage must argue their case WITHOUT the use of religion... and THAT is where they fall short. Without the ability to use a religious argument, they have no ground to stand on. This is why so many Republicans want to change this country into a theocracy, similar to Iran and Iraq... so that they can use religion to define laws.

If your goal is to discriminate against a specific group of people... deny them rights... you MUST provide a strong, legal argument that shows the overall societal benefit of this discrimination. As it stands, the right has failed to show any measurable, scientific and factual benefit to continuing this discrimination.

  • 70 votes
#1.37 - Thu May 31, 2012 12:16 PM EDT
Comment author avatarArchie MurterExpand Comment Comment collapsed by the community

Yep and Obama had better hope, that the Supreme Cory agrees with him, before we dump him in Nov.

His refusal to defend a US law, constitutes Malfeasance in Office, that will be count 1 of three, we will have him in front of a Grand Jury for as soon as we get him out of office.

I wonder if we have ever had a Noebel Peace Prize winner in a federal pen, before.

  • 9 votes
#1.38 - Thu May 31, 2012 12:17 PM EDT

Lee-2124113 - 16th amendment to the US Constitution:

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

You're welcome.

  • 35 votes
#1.39 - Thu May 31, 2012 12:20 PM EDT

"Activist judges need to be taken out of the workforce."

You need look no further than the conservative justices on the U.S. Supreme Court.

  • 28 votes
#1.40 - Thu May 31, 2012 12:21 PM EDT

Wow. Activist judges are only those who decide a case in any way you disagree with right?

No. Activist judges are judges that can be defined as either liberal or conservative. Their job is to interpret law without bias. A judges job shouldn't be about right or wrong based on their personal views. It should be based on the law as it is written, and only that.

The fact that our supreme court is so clearly divided on party lines points to what an absolute failure it is.

And the fact that our congress sucks so bad at making laws that a liberal judge and a conservative judge interpret them differently points to what a failure our congress is.

Our government was designed to have checks and balances. A legislative, executive, and judicial branch. That has completely gone down the toilet. We have liberals and conservatives, and shades of gray between running the three branches. Our government depends on whether liberals or conservatives are in power. The three branches are just extensions of the republican and democrat parties.

All of the federal judges can clearly be said to be either conservative or liberal. And they should all be replaced.

... well, that was kind of an off topic rant... oops.

  • 11 votes
#1.41 - Thu May 31, 2012 12:23 PM EDT
Comment author avatarReading5x5Expand Comment Comment collapsed by the community

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

I believe every man has the right to marry his right hand and occasionally cheat with his left and give birth to ...........KNUCKLE CHILDREN!

  • 12 votes
#1.42 - Thu May 31, 2012 12:23 PM EDT

Why aren't civil unions with the same benefits as a true married couple enough for gays?. Marriage is defined based on thousands of years of history as between a MAN and a WOMAN. There is no discrimination against gays to not allow two people of the same sex the opportunity to marry each other. Up until gays became more and more emboldened, this was never even an issue. Tradition should not be trumped by a changing societies mores. Yes, gays should be treated like everyone else. Gays should have the right to be with who they want and to have the same benefits afforded others. Marriage however is between a man and a woman and will be the only ceremonies recognized as such by those not hijacked by the PC universe. Defining marriage as between a man and a woman is not discriminatory, it is just continuing traditions handed down for eons.

  • 14 votes
#1.43 - Thu May 31, 2012 12:25 PM EDT

This decision was inevitable. Another example of the universal truth Dr King pointed to when he said, “The moral arc of the universe is long but it bends toward justice."

Social consciousness has a relentless evolution that sometimes seems almost independent of the species that harbors it. And it operates at the largest scale, across centuries and diverse cultures, always plodding seemingly forward toward some teleological goal of perfect social harmony. It cannot be resisted: The success of US civil rights movement of blacks taken against the backdrop of the deep commitment and historical momentum of the South to preserve its biases at all costs, were no match for the impetus of social change required or demanded by this "thing" I am calling social consciousness.

Civil rights for gays is no different, the demand for it is relentless and irresistible. It's just a matter of time.

  • 26 votes
#1.44 - Thu May 31, 2012 12:27 PM EDT

Dom:

Marriage is defined based on thousands of years of history as between a MAN and a WOMAN.

No it hasn't. Marriage used to be used as a business contract to bring families together for business reasons. Fathers used to be able to give their daughters away against their will (and still do in some countries). Men used to be able to marry multiple women (and still do in some countries).

Marriage has not been defined for thousands of years as between a man and a woman. Maybe that's how you see it now, but that's not how it's always been.

  • 43 votes
#1.45 - Thu May 31, 2012 12:35 PM EDT
Comment author avatarskrekkRestored

Dom-462174 - Why aren't civil unions with the same benefits as a true married couple enough for gays?

Why aren't separate drinking fountains enough for blacks? Why do they have to drink from the whites-only fountain?

  • 42 votes
#1.46 - Thu May 31, 2012 12:37 PM EDT

Fooz

Good try but no cigar.

The 16th amendment was directed at CORPORATIONS AND BANKS.

Not CITIZENS.

You're welcome.

  • 4 votes
#1.47 - Thu May 31, 2012 12:38 PM EDT
Comment author avatarTony D-373561Expand Comment Comment collapsed by the community

Good! Now me and my hetero fishing buddy can get married and claim all those bennies... Some of us are single bachelors and a few widowers, and have been trying to figure a way to scam the system. We can now thank the court and the Gay activists.

  • 9 votes
#1.48 - Thu May 31, 2012 12:39 PM EDT

The 16th amendment was directed at CORPORATIONS AND BANKS.

It doesn't matter who the law was directed at if it was worded in a way to to limit it to that thing.

The 14th amendment was written to give citizenship to freed slaves, and now it's used to give the children of illegal imigrants citizenship.

  • 3 votes
#1.49 - Thu May 31, 2012 12:44 PM EDT

I wished normal people could have special attention just once in a while..

  • 9 votes
#1.50 - Thu May 31, 2012 1:00 PM EDT

lusitania - two things, when exactly did you wished that, and normal people don't really need special attention now, do they?

  • 12 votes
#1.51 - Thu May 31, 2012 1:09 PM EDT

Tony D-

Theres nothing stopping a man and woman from doing the same thing right now.

So... your point is?

  • 12 votes
#1.52 - Thu May 31, 2012 1:21 PM EDT

these comments are funny:

ErinNJ

"The fact is we don't need to legalize gay marriage, we just need to get the government out of it all together."

Dennis-816242

"Why are you so intent on having the Government tell people who they can and cannot marry? What does it matter to YOU? Why is it your business? I don't think the government needs to be involved"

- you don't want the government involved, but you sure would like to have those government benefits. if you guys actually read the article, you would find that this is the subject. not whether the gov is saying you can or can't marry, rather if these couples would be entitled to "government" provided benefits as they do to typical married couples (tax benefits and deductions, claiming dependants etc.).

LOL its like the medicare people protesting the government to stay out of their medicare, HAHA a bit ironic isn't it ?

"hey government I want the benifits but stay out of it" HAHA

on another note, this will not be abused at all will it... <-- sarcasm

  • 5 votes
#1.53 - Thu May 31, 2012 1:28 PM EDT

I love how activist judges deciding that corporations are people isn't a problem but deciding gays can marry is a problem. Activist judges have also decided that developers can seize private land to build shopping centers on, where was the outrage over that?

  • 17 votes
#1.54 - Thu May 31, 2012 1:28 PM EDT

@AG-99,

You said: "This may remove impediments to receiving federal benefits, but states can still discriminate."

However, you. along with the author of the article missed the very key point. The ruling will, if upheld, allow same-sex couples to file joint income tax returns. Virtually every state with a state income tax uses the IRS filing as a basis for its own income tax and legally requires that state income tax be filed in exactly the same manner (joint or individual) as the federal taxes, There are already murmurs in Alabama, for instance, that Alabama may no longer be able to collect income taxes from either party in same-sex marriages because of this little glitch. The state legislature is out of session and the radical governor is considering calling it into special session to "repair" the state tax laws. Such "repair" may not be possible.

Ambrose Bierce (The Devil's Dictionary) defined "democracy" as "four wolves and a lamb voting on what to have for lunch." Why is the right so determined to take rights away from any group that can be pried away from white male southern caucasian? Do they think that other people having the same rights as themselves somehow magically "dliutes" those rights? Or is it more simple --- homophobes are most often people with insecurities about their own sexual identities and like Foley and Craig in Congress "doth protest a bit too much."

There, Bierce and Shakespeare in the same paragraph. That's literacy for you. LOL

  • 16 votes
#1.55 - Thu May 31, 2012 1:34 PM EDT

This isn't the last word. I fully expect this to go to the Supreme Court and they will have to decide if DOMA is Constitutional or not.

This is just another step towards a showdown.

  • 5 votes
#1.56 - Thu May 31, 2012 1:36 PM EDT

Chris: Interesting. But if the ability to regulate who can marry continues to lie with the states, then you can't be married in a state that doesn't allow it so you can't file a joint return anyway. All striking down DOMA does is stop the feds from defining marriage; it doesn't allow same-sex marriages everywhere. Frankly, this is getting confusing.

  • 3 votes
#1.57 - Thu May 31, 2012 1:45 PM EDT

I guess they don't call it the "1st circus court of appeals" for nothing. Only the 9th is more liberal. Legislating from the bench. Another sign our system of government is hopelessly broken, and judicial activism on both the right and left is superseding the will of the people.

    #1.58 - Thu May 31, 2012 1:59 PM EDT

    Simple solution to all of this. Marriage can be left as between a man and a woman, held in your temple of choice, in front of your god of choice and presided over by your religious minister of choice; you just get absolutely no governmental benefits from it. Seperation of church and state after all. Then we'll have civil unions, which can be between any two consenting adults and recieve all government benefits. Of course, if you get a religious ceremony wedding, you can still apply for a civil union and your benefits.

    This would solve all the problems. Gays would get their benefits they deserve and the religious folks could keep their sanctimony of marriage ( or whatever they call it), everyone would be happy.

    • 18 votes
    #1.59 - Thu May 31, 2012 2:14 PM EDT

    The issue of judges being "creative" in the interpretations is nothing new - the very fact that they are "interpretations" indicate a personal bias - this can be based on anything that has colored the perceptions of said justices. ...the choices that people make to follow the gay lifestyle IS abnormal...whether it be in animals or humans...it is against the biological nature...so why is a civil union not adequate? It is because the term "marriage" sounds "normal" to a homosexual and they want desperately to normalize their behavior instead of acknowledging that it is abnormal.

    • 1 vote
    #1.60 - Thu May 31, 2012 2:22 PM EDT

    Comment # 1 restored for clarity.

    Adjust your tinfoil hat, get back on your meds, and turn off Fox

    Thor you dimwit inbred,

    Arizona-Buckeye, Skookum Jim, you are both suspended for a day for violating rule # 1 of the Code of Honor.

    Above all else, respect others. Address issues and arguments and refrain from making personal attacks.

    • 7 votes
    #1.61 - Thu May 31, 2012 2:24 PM EDT

    If a individual is capable of working why should they get a free ride at the working classes expense. stop all the unjust entitlement packages and let people pay their own way. then you won't have to worry about high taxes. government should not take your hard earned money away from you and give it to someone who is capable of working for their own living the whole thing is wrong and does not belong in our present day society get a job. socialism is destroying the country, things are getting out of control you do realize someone has to pay these bills its only fair that each of us be responsible for ourselves if possible and take the burdon off the other person, there is not enough money for everyone to be on government entitlements, no more free rides.

    • 3 votes
    #1.62 - Thu May 31, 2012 2:27 PM EDT
    Comment author avatarPhil-3222496Expand Comment Comment collapsed by the community

    And the downward spiral continues with another notch in the LGBT belt.

    Remember the Roman Empire? Remember the gay Greek society? Why, if it was such a wonderful way of life, did it fade into history? Don't you think there was a reason why those societies didn't continue this in the scale prior excercised?

    We are revisiting it, again, and I doubt the results will be much different.

    The LGBT community is happy for this ruling, too bad it moves us one step closer to destruction. The LGBT community can change the laws restricting their behavior, and eventually claim and win 'civil rights'. What group is next? NAMBLA? count on it!

    • 1 vote
    #1.63 - Thu May 31, 2012 2:30 PM EDT

    HAHA! it turns out laws that discriminate against groups of people ARE illegal and its funny they didnt already know that cause it's written in THE F'N CONSTITUTION OF THE UNITED STATES OF AMERICA!

    YOUR personal preferences do not trump MY rights!!!!

    the only thing being destroyed is your sense of superiority and self righteousness, and you'll live just fine without it and so will I.

    • 7 votes
    #1.64 - Thu May 31, 2012 2:50 PM EDT

    These entitlement packages are what is unconstitutional, its like one element of society enslaving the other. if a person is capable of working then they should pay their own way. the whole system is wrong. didn't we pass laws against slavery? you know that's when you work for someone Else's benefit. if you want someone to be cared for in the event you die then take out a insurance policy. whats wrong with peoples thinking.

    • 1 vote
    #1.65 - Thu May 31, 2012 2:52 PM EDT

    TonyD..............Whatever floats your boat! Does your statement mean you no longer will adhere to ..."catch and release?"

      #1.66 - Thu May 31, 2012 2:53 PM EDT

      For those of you who like to describe homosexuality as "against the biological nature" and "an abnormal lifestyle," please consider that it's quite often argued that monogamy - the traditional American premise of marriage - is against our biological nature. And polls seem to bear that out, particularly among men.

      Thus, a faithful monogamous marriage could be considered an abnormal lifestyle. Mating with one person for life - forsaking all others - isn't actually normal in terms of human behavior. It's a choice. It's not chosen BECAUSE it's biologically natural; it's chosen because, as civilized humans, it seems fair and ideal for emotional and legal (child care, property rights) reasons. It's a workable basis for a society - the workable basis we've chosen.

      And we - faithfully married non-polygamists - tend to "want desperately to normalize [our] behavior instead of acknowledging that it is abnormal."

      • 10 votes
      #1.67 - Thu May 31, 2012 2:56 PM EDT

      House Speaker John Boehner convened the Bipartisan Legal Advisory Group to defend it. The legal group argued the case before the appeals court.


      Washington, D.C. – Democratic Whip Steny H. Hoyer (MD) released the following statement today after Speaker Boehner announced he would convene the Bipartisan Legal Advisory Group to discuss defending the Defense of Marriage Act in court:

      "The Speaker has indicated he is going to convene the House Bipartisan Legal Advisory Group to decide whether to intervene in cases concerning the Defense of Marriage Act. I believe the Administration has correctly concluded that the statute is discriminatory and unconstitutional. I therefore will oppose intervening in cases regarding this Act.

      "The Justice Department's decision not to defend this law is not without precedent. Since 1979, there have been over 50 instances in which both Democratic and Republican Administrations have declined to defend acts of Congress. Rarely has the House intervened to defend the constitutionality of statutes that the Justice Department has declined to defend."

      http://www.democraticwhip.gov/content/hoyer-statement-speaker-boehners-decision-convene-bipartisan-legal-advisory-group-discuss-in

      Is there any doubt that the Republican Party is the party of racism, bigotry and discrimination?

      • 9 votes
      #1.68 - Thu May 31, 2012 3:00 PM EDT

      Not that it really matters but my question is simple. When did we change the constitution to allow the government to define Religious standards and beliefs??? Marriage between a Man and and woman is of a religious belief and not a government standard. Isn't this practice then in violation of the constitution in that the government isn't allowed to interfere with religion. Would someone please show a religon that has such a distorted belife. The marriage licence is a government requirement. Consumation of a marriage can only be achived one way and is designed for procreation. As far as the tax laws go they are flawed completely from the start. Equality doesn't say that if you earn 0-30,000 you pay x% and 30,001-100,000 you pay x%. you don't have to file a financial statement when paying your sales tax it is set at a predetermined % no exceptions. So why do we have such a problem with our income tax. Too many people stirring the pot.

        #1.69 - Thu May 31, 2012 3:04 PM EDT
        TrueLGBTDeleted

        Allen, if Clinton as at fault for these then so is Bush for all of the things the Democrat controlled Congress did leading up to the end of his stay. Guess who was in control of Congress while Clinton was in office. Here is a hint, it was not the Democrats.

        That is not to say these did not pass with no Democratic support, there are idiots of both sides of the isle. As always I also think everyone forgets that a veto can be overridden and rendered as useless other then a political statement.

        • 1 vote
        #1.71 - Thu May 31, 2012 3:04 PM EDT
        TrueLGBTDeleted
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        No one should bother replying to TrueLGBT - it's a web bot operated by the NOM hate group, and has never responded to anyone's reply.

        • 10 votes
        #1.85 - Thu May 31, 2012 3:27 PM EDT

        *sigh*

        i see all the annoying religious homophobes decided to come out of the bible cave today i guess. not having enough sense to realize that using the bible to make laws is theology and that our country ISN'T a democracy but a representative republic and we don't put basic rights of citizens up to a vote. i mean holy @!$%# how can you be so @!$%#ing ignorant and then think you know gods will!? i mean the shear arrogance of it is just sickening.

        Phil-3222496

        all things fade into history you idiot even America will eventually fall as everything does with the passing of time. if you really knew anything about history you would know that. The fact you try to compare gays to NAMBLA proves just how pathetic and worthless your argument is. Marriage is between at least two consenting ADULTS. i know my arguments probably won't help convince any of those religious nutcases because if you wanted to be logical and reasonable you wouldn't want to use a book written 2000 years ago to define your society.

        • 7 votes
        #1.86 - Thu May 31, 2012 3:33 PM EDT

        I never understood why legal benefits of marriage should be infringed to any couples, be they gay, lesbian or straight. I've argued forever that gay marriage as called for by the LGBT groups is not acceptable, because it will eventually come back to infringe on freedom of religion by forcing pastors, bishops, et al to marry these couples when these couplings go against basic teachings of most religious organizations. Now some religions do say it's okay and perform such marriages where it's legal, but right now the majority of them teach against it and if a gay marriage bill is allowed to pass eventually a gay or lesbian couple will want a Catholic priest to marry them or some other religion where they know it is forbidden and that will just cause the s***storm of legal battles to start up all over again.

        So in lieu of that, there's a perfectly acceptable and legal mandate in most, if not all, states where two people are allowed to enter into a domestic partnership (or it may be called by another name in other states) and it provides the legal benefits of marriage. I know there are many organizations that don't recognize domestic partnership as being equal to marriage, and that is quite frankly insane, and it causes dispute with benefits from corporations. That aside, if you want to have a ceremony to celebrate such a union, there you go. So let's move on from there.

        • 1 vote
        #1.87 - Thu May 31, 2012 3:49 PM EDT

        Republicans sure do love passing laws that discriminate against any group they don’t like or agree with. Unless your rich, white, and evangelical your pretty much on the Republican #$%^ list. Discrimination is discrimination.... Period. This ruling was the right thing to do and renews my faith in our justice system.

        • 9 votes
        #1.88 - Thu May 31, 2012 4:08 PM EDT

        name1

        The societies faded but homosexuality did not continue as a widespread acceptable practice, is my point. Yes many nationalities have faded, but homosexuality hasn't held a widespread acceptance throughout all history. I don't care about your argument about ADULTS, the point is that people who desire something strong enough, will find a way to change the rules regarding their behavior, and force themselves upon their societies as the gay community has done. NAMBLA is the next perverted group as an example, it could be a variant, but in the next case, they will use the gay 'victory' and template to force themselves upon society themselves. Count on it! This has nothing to do with religion. You are obviously an ignorant person yourself and I don't appreciate your condescending attitude.

          #1.89 - Thu May 31, 2012 4:11 PM EDT

          In response to the original post about "Activist Judges":

          Please consider that without these "Activist Judges" and their ever evolving interpretation of law we would still be engaging in some pretty silly practices. For one we would still be denying both African Americans and women the right to vote. We would also live in a highly segregated/discriminatory society and would not have a protected set of Miranda rights. Just to name a few things...

          • 3 votes
          #1.90 - Thu May 31, 2012 4:12 PM EDT

          Mr.Steady: And you know this how? Do you realize that the bible was NOT written by God or Jesus and has been re-written so many times by various groups that have interpreted it differently per their own perspectives. As a note, the bible is basically a book of "stories" much like a book on manners, and it tells us how we SHOULD act in various situations. It's not the "be all...end all" as to what should or should not be done. I'm as religious as the next person, and even I can realize this. Different religions "read" into the bible what they want to believe....and they don't always agree. So, until you ACTUALLY heard God or Jesus speak the words.....and I doubt that you were there....you have no basis for making comments except for your interpretion of what YOU think the bible is saying. The bible that I read tells us to love one another and to "do unto others as you would have them do unto you." So, if you feel that you should take away someone's constitutional rights to "love one another" (and it doesn't say man and woman...it says ONE ANOTHER)....than you are going against the bible, aren't you?

          • 6 votes
          #1.91 - Thu May 31, 2012 4:38 PM EDT

          Joe F wrote:

          Activist judges have also decided that developers can seize private land to build shopping centers on, where was the outrage over that?

          I'm still outraged over that. The Constitution is clear on this point and requires no interpretation. The feds are prohibited from taking private land for public use without just compensation. The implication is that they can take private property for a public purpose if they pay a fair price for the property. In practice this has meant that property can be seized with modest compensation and sold at a profit to a private developer for his own private gain, usually with some benefit flowing back to the legislators. What's wrong with this picture? The government profits, the developer profits, but the original owner and the public.... uh, no.

          This is wrong and everybody knows it's wrong but there's money involved, so....

          • 3 votes
          #1.92 - Thu May 31, 2012 4:46 PM EDT

          I believe the court was doing what it is designed to do. Enforce provisions of the Constitution that give rights to states and citizens. The fact that two Republican and one Democtratic appointees agree speaks to this.

          If you are worried about "Judicial Activism" you should be more concerned about the Citzen's United case where Cheif Justice Roberts ADDED the question of should corporations be treated as people under the consitution. There was no citizen who brought that question to the courts. The decision was idelogically divided with conservatives deciding yes and progressives saying no. The outcome, billionares are running our elections with their money.

          • 6 votes
          #1.93 - Thu May 31, 2012 4:52 PM EDT

          I agree with the court inasmuch as they said there is no room for the federal government to dictate to the various states their definition of marriage.

          30 states say that marriage is between one man and one woman. Wherever it has come to a vote, the same thing gets said over and over. So, I agree.

          In Tennessee, 81% of the voters decided to amend the state constitution - marriage is between one man and one woman in Tennessee. We don't have 81% Republicans here, nor 81% Democrats. But we do have a consensus on what Tennesseans think about gay marriage.

          The 1st U.S. Circuit Court of Appeals has ruled that the federal government has no right to interfere with the State of Tennessee - or any other state - regarding the definition of marriage. I agree with that.

            #1.94 - Thu May 31, 2012 4:55 PM EDT

            Phil-- if NAMBLA tries to get the vote then we will cross that bridge when we come to it. Past civilizations are irrelevant; that was then, this is now. We are here to talk about America finally becoming a big-boy nation that accepts the maturity and rights of it's citizens-- even the ones you homophobically consider vile and unnatural. Gays and lesbians are not on the same level as child molesters or sexual deviants, but it's interesting and telling that you would think so. In fact, homosexuals have already advanced quite a bit socially and legally in the last few decades, not to mention the last century, despite the efforts of disgusting, bigoted folks like yourself. And last I checked, we are still here.

            Gay marriage will only fail or cause detriment to society because of people like you making it so to fit your screwy little worldview. Grow up.

            • 7 votes
            #1.95 - Thu May 31, 2012 5:00 PM EDT

            name1

            *sigh*

            i see all the annoying religious homophobes decided to come out of the bible cave today i guess. not having enough sense to realize that using the bible to make laws is theology and that our country ISN'T a democracy but a representative republic and we don't put basic rights of citizens up to a vote. i mean holy @!$%# how can you be so @!$%#ing ignorant and then think you know gods will!? i mean the shear arrogance of it is just sickening.

            Phil-3222496

            all things fade into history you idiot even America will eventually fall as everything does with the passing of time. if you really knew anything about history you would know that. The fact you try to compare gays to NAMBLA proves just how pathetic and worthless your argument is. Marriage is between at least two consenting ADULTS. i know my arguments probably won't help convince any of those religious nutcases because if you wanted to be logical and reasonable you wouldn't want to use a book written 2000 years ago to define your society.

            Wait a minute! NAMBLA is GAY, how the F can you discriminate against another GAY society? You are all about anti-discrimination, yet you discriminate against NAMBLA? Is it because of the sex with a minor laws? Just like the repealed sodomy laws.....the NAMBLA crew will try to repeal the sex with minors laws, and then they will have the same situation the gays are basking in now. And the progression moves on and on, till we have a society of extremely perverted people whom assert, 'bad to be good' and 'good to be bad'. That is the progression I am talking about. It is unsustainable and counterproductive.

            • 1 vote
            #1.96 - Thu May 31, 2012 5:14 PM EDT

            Phil - same old puritanical arguments. It's not what you like so it must be perverted and evil.

            News flash: there are plenty of hetero perverts...don't believe me, surf the web for oh 5 seconds. Google "donkey show," it certainly was not invented by homosexuals! Where's all your uproar about all the perverted heteros in America taking us down a slippery slope???

            • 3 votes
            #1.97 - Thu May 31, 2012 5:41 PM EDT

            TrueLGBT, I just reported you for excessive spamming, have a nice day.

            • 7 votes
            #1.98 - Thu May 31, 2012 6:15 PM EDT

            @Archie

            You clowns tried for 8 years to impeach President Clinton and failed. What makes you think a bunch of low rent clowns can do it to President Obama in 3.5? What a joke you are. Your type keeps accusing him of crimes that don't exist. Not gonna happen, get over it and yourself.

            • 5 votes
            #1.99 - Thu May 31, 2012 7:57 PM EDT

            I am pleased w/ the decision made today. It marks a step closer to freedom for all people. Isnt that what we all would like in our lives, freedom. As much as we can get, legally.

            • 4 votes
            #1.100 - Thu May 31, 2012 8:49 PM EDT

            Yes, people good points, this world is going down the tubes morally. I'm sure everyone will get their own way eventually, this cannot continue indefinitely. Have fun while it lasts.

              #1.101 - Thu May 31, 2012 8:52 PM EDT

              MmmMmmBeer

              Phil - same old puritanical arguments. It's not what you like so it must be perverted and evil.

              News flash: there are plenty of hetero perverts...don't believe me, surf the web for oh 5 seconds. Google "donkey show," it certainly was not invented by homosexuals! Where's all your uproar about all the perverted heteros in America taking us down a slippery slope???

              Fancy footwork there dude, but there will always be pervs of every flavor, but they don't come out of the woodwork demanding that they receive special status and attention for their 'lifestyle' like the gays are. Your counterpoint has a bit of validity but is a sidetrack to the real issue. Too bad for you, you don't know how to argue.

              • 1 vote
              #1.102 - Thu May 31, 2012 10:24 PM EDT

              MmmMmmBeer

              Phil - same old puritanical arguments. It's not what you like so it must be perverted and evil.

              News flash: there are plenty of hetero perverts...don't believe me, surf the web for oh 5 seconds. Google "donkey show," it certainly was not invented by homosexuals! Where's all your uproar about all the perverted heteros in America taking us down a slippery slope???

              And yes, the perverted heteros are taking us down the slippery slope too! Your effort to debunk my opinions are laughable. We have been sliding for about 75 years, how long do we have to slide before we realize how far we have gone?? It is the creeping normalcy similar to Hitlers Germany, people in Germany knew things weren't right but stayed silent, because they didn't think they should say anything. Before they knew it, they were all part of a nation that was the world war II monster. The sheep of this country just keep letting morals decline further and further with no-one saying anything. I am sure we will hit bottom before anyone realizes that something should have been done to stop the slide. Thanks to the gullible people of this nation, the gays are making significant inroads where they would not have in times past. It is sad that people call it 'progress', more sheep bleating, more lemmings following the group over the cliff. There is little I can do but speak out. Too bad no-one has the sense in their heads to listen and they are proud of the perverts.

                #1.103 - Thu May 31, 2012 11:51 PM EDT

                Phil, if gay sex bothers you so much, stop watching it.

                Regardless, what two consenting adults do in bed together is none of your goddam business. You aren't the "ruler of romantic love" -- thank goodness. You call it perersion, well...yay for you. If that makes you feel better or superior, go for it. A lot of people in the US dont give a crap about your BuyBull or whatever it is that makes you hate gays - and nobody in a constitutional republic has to care at all about cult books or religion. But you'll still have your right to hate gays, just as you do now. So, no worries. But if your own marriage is worth a crap to start with, then the two guys down the road being legally married should have no effect on you. So, you can grow up any time.

                cheers!

                • 4 votes
                #1.104 - Fri Jun 1, 2012 2:39 AM EDT

                "Wait a minute! NAMBLA is GAY, how the F can you discriminate against another GAY society?"

                No, NAMBLA are pedophiles, as you well know. At heart of this ruling and the laws about sex with minors, animals, etc., is the issue of consent. Again, as you well know.

                • 3 votes
                #1.105 - Fri Jun 1, 2012 11:49 AM EDT

                @ Freedman1, (#1.94) Wrong! Federal courts have the authority to determine if state laws are constitutional or not. A state does not have the right to vote in a law that violates the US Constitution.

                • 1 vote
                #1.106 - Sat Jun 2, 2012 10:02 AM EDT

                The court can say what it wants, but it can not just change laws. The judicial Branch was never to have so much power to change what they wanted.

                The Supreme Court and Judicial Review

                Judicial Review

                The Supreme Court of the United States spends much, if not most, of its time on a task which is not delegated to the Supreme Court by the Constitution. That task is: Hearing cases wherein the constitutionality of a law or regulation is challenged. The Supreme Court's nine Justices attempt to sort out what is, and what is not constitutional. This process is known as Judicial Review. But the states, in drafting the Constitution, did not delegate such a power to the Supreme Court, or to any branch of the government.

                Since the constitution does not give this power to the court, you might wonder how it came to be that the court assumed this responsibility. The answer is that the court just started doing it and no one has put a stop to it. This assumption of power took place first in 1794 when the Supreme Court declared an act of congress to be unconstitutional, but went largely unnoticed until the landmark case of Marbury v Madison in 1803. Marbury is significant less for the issue that it settled (between Marbury and Madison) than for the fact that Chief Justice John Marshall used Marbury to provide a rationale for judicial review. Since then, the idea that the Supreme Court should be the arbiter of constitutionality issues has become so ingrained that most people incorrectly believe that the Constitution granted this power.

                Powers of the Supreme Court

                Article III of the Constitution provides for the establishment of a Judicial branch of the federal government and Section 2 of that article enumerates the powers of the Supreme Court. Here is Section 2, in part:

                Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;

                • to all Cases affecting Ambassadors, other public Ministers and Consuls;
                • to all Cases of admiralty and maritime Jurisdiction;
                • to Controversies to which the United States shall be a Party;
                • to Controversies between two or more States;
                • between a State and Citizens of another State;
                • between Citizens of different States;
                • between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

                In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

                Feel free to examine the entire text of Article III to assure yourself that no power of Judicial Review is granted by the Constitution.

                "Well," you might say, "someone has to review laws for constitutionality. Why not the Supreme Court?" Some possible answers:

                • First and foremost, it is not a power granted to the Supreme Court by the Constitution. When the Supreme Court exercises Judicial Review, it is acting unconstitutionally.
                • It is a huge conflict of interest. The Federal Government is judging the constitutionality of its own laws. It is a classic case of "the fox guarding the hen house."
                • The Constitution's "checks and balances" were designed to prevent any one branch of government (legislative, executive or judicial) from becoming too powerful and running roughshod over the other branches. There is no such system of checks and balances to protect the states and the people when multiple branches of government, acting in concert, erode and destroy the rights and powers of the states and the people.
                • Even if the Supreme Court could be counted on to keep the Executive and Legislative branches from violating the Constitution, who is watching the Supreme Court and will prevent the Judicial branch from acting unconstitutionally? Unless you believe that the Supreme Court is infallible (and, demonstrably, it is not), then allowing the Supreme Court to be the sole arbiter of Constitutionality issues is obviously flawed.
                • Justices are appointed for life. If the court upholds unconstitutional laws, there is no recourse. We the People cannot simply vote them out to correct the situation. Thomas Jefferson wrote, in 1823:

                  "At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account."

                  It is the Constitution, not the Supreme Court, which is the Supreme Law of the Land. Even the Supreme Court should be accountable for overstepping Constitutional limits on federal power.

                • There are only nine Justices and, under the current system, it takes only a simple majority — five votes — to determine a case. Given the supermajority requirement mandated by the Constitution to pass Constitutional amendments, a simple majority requirement by the Supreme Court, to uphold a suspect law, defies the spirit of the Constitution. If 44.44% of the Supreme Court justices (four of nine) think a law is not constitutional, we should err on the side of caution and declare it unconstitutional.
                • The people and the states have little control over the makeup of the Supreme Court.
                • Officials in all three branches of government take an oath of office to uphold the Constitution. The Supreme Court Justices, Senators, Congressmen, and Vice President, and other federal officers, all take an oath of office to "support and defend" the Constitution. (The president's oath of office in Article II, Section 1, requires that he "preserve, protect, and defend the Constitution of the United States.") Why is the Supreme Court's version of "constitutional" considered more authoritative? Is the Judicial branch more to be trusted than the Executive or Legislative branches? Prudence dictates that we be wary of all three branches (and especially wary of the one unaccountable branch).
                • Given that it was the people and the states which established the Constitution, it is the states who should settle issues of constitutionality. The Constitution is a set of rules made by the states as to how the government should act. The "judicial review" paradigm allows the government to make its own rules with no say by the original rule-makers — the states.
                • The Constitution was created by the states and any question as to the meaning of the Constitution is rightly settled by the states. When you make rules for your children, do you permit your children to interpret your rules in any manner they like? Of course not. Yet, the states are permitting the federal government — the "child" of the states — to do exactly that.
                • Since the power of Judicial Review is not expressly granted to the Supreme Court by the Constitution, this power, per the tenth amendment, is "reserved to the States respectively, or to the people."

                Read that last listed reason above again, for it contains the key to this site's being. The Constitution is very clear; any power to review laws to see if they are constitutional belongs to the states and to the people. Therefore, the Supreme Court is itself acting unconstitutionally when it exercises the power of 'Judicial Review.' It would require a Constitutional Amendment specifically granting this power to the court in order for 'Judicial Review' to be constitutional!

                Also Id like to point out Alexander Hamilton and thomas Jefferson knew exactly how powerful judicial branch could be so it is meant to be kept in check with the other branches. So the Supreme court can say Doma is unconstitutional, but the law can not be changed by them. The other branches are going by what their reps are voting for, those reps are representing the people. If a state doesnt want Gay marriage, they can and will do just that. Want to get married as a gay couple, then they can easily move to a state that recognizes it.

                • 1 vote
                #1.107 - Sat Jun 2, 2012 10:27 AM EDT

                Your own example leads to the constitutional review of state laws to be a conflict of interest by the states.

                Judicial review is necessary, because the Supreme Court does not make laws and therefore has no conflict of interest. It is a basic premise of law to interpret, and the Constitution is the "law of the land", subject to interpretation by the highest legal authority.

                The saddest part about this whole conversation is someone trying to claim states rights as an excuse for bigotry. Your very same argument could have been made with Loving v Virginia, and interracial marriage would have been killed off.

                • 3 votes
                #1.108 - Sat Jun 2, 2012 11:08 AM EDT

                allswell, Crossfit is nevertheless correct that the power of judicial review was not given to the SC by the Constitution. Rather the SC seized it in Marbury vs Madison. The Congress blinked first and here we are. So, you should not be sad; the federal government works as you wish it to.

                  #1.109 - Sat Jun 2, 2012 5:21 PM EDT
                  Reply

                  YEAH ABOUT TIME

                  • 119 votes
                  #2 - Thu May 31, 2012 10:46 AM EDT

                  I agree.

                  • 47 votes
                  #2.1 - Thu May 31, 2012 10:51 AM EDT

                  Denying single people the benefits offered or afforded to married people (gay or straight) is also unconstitutional

                  • 81 votes
                  #2.2 - Thu May 31, 2012 10:56 AM EDT

                  Mr. PheaNiques, you only have a point if you can marry yourself.

                  • 31 votes
                  #2.3 - Thu May 31, 2012 11:02 AM EDT

                  Vote Democrat this November.

                  I am always suprised that no one ever sees that this is that same as when they said blacks couldn't marry whites or way back when they used the bible to say we had a right to keep slaves.

                  • 91 votes
                  #2.4 - Thu May 31, 2012 11:09 AM EDT
                  Comment author avatarWet WillyRestored

                  Everything I'm seeing and hearing regarding overturning such laws points to an inescapable conclusion which is that most other unions will also fall into the category of equal treatment under the law. Polygamy and other types of unions will soon follow, and why not? You can't provide equal treatment under the constitution for one particular group while denying it to another group.

                  • 35 votes
                  #2.5 - Thu May 31, 2012 11:10 AM EDT

                  DOMA is the first time the federal government has entered what has ALWAYS been a state issue: Marriage. If a state decides to allow gay marriage, Federal benefits MUST automatically come as they do with straight marriage.

                  • 39 votes
                  #2.6 - Thu May 31, 2012 11:10 AM EDT

                  None of my business what other couples do, straight or gay.

                  • 75 votes
                  #2.7 - Thu May 31, 2012 11:11 AM EDT

                  "The moral arc of the universe is long, but it bends towards justice."

                  - MLK Jr.

                  Eric,

                  Well said, buddy. Well said.

                  • 52 votes
                  #2.8 - Thu May 31, 2012 11:12 AM EDT
                  Comment author avatarMark-423819Expand Comment Comment collapsed by the community

                  And then it bends toward our sun burning out and consuming our planet in the process.

                  • 14 votes
                  #2.9 - Thu May 31, 2012 11:13 AM EDT

                  Our planet will be just fine.

                  • 28 votes
                  #2.10 - Thu May 31, 2012 11:14 AM EDT

                  The religious do not have the right to force their views on the non-religious. Religious, or non-religious, freedom goes both ways.

                  • 91 votes
                  #2.11 - Thu May 31, 2012 11:15 AM EDT

                  Pheaniques, the law of the land can distinguish between the numbers 1 and 2. It takes two to marry. Note to others: the law of the land can also distinguidh between the number 2 and others numbers larger than 2. Thus 2 people getting married is legal (within current age and blood relationship boundaries) and 3 or more people getting married is not. So Gay Marriage does not lead to polygamy nor does it lead to marrying your dog or your toaster.

                  • 59 votes
                  #2.12 - Thu May 31, 2012 11:16 AM EDT

                  Callooh! Callay!

                  • 5 votes
                  #2.13 - Thu May 31, 2012 11:18 AM EDT
                  Comment author avatarj70141 in ColoradoExpand Comment Comment collapsed by the community

                  The non-religious do not have the right to force their views on the religious. Religious, or non-religious, freedom goes both ways.

                  Works both ways there mate. I'm pretty sure I could point to a large number of recent articles where the liberals have been forcing their ways upon the churches.

                  • 32 votes
                  #2.14 - Thu May 31, 2012 11:19 AM EDT

                  WetWilly,

                  For Pete's Sake! If you think that you should be able to answer my question...

                  Since the only difference between a gay marriage and a straight marriage, is the gender of a single party, what is inherent to that single party's gender which would lead to bestiality, incest, polygamy, pedophilia, or marrying inanimate objects? Remember, you're ONLY changing ONE person's GENDER, so logically, it must be something within that one person's gender, which would lead you to believe gay marriage would open the door to any of those things, so... WHAT IS IT?

                  • 40 votes
                  #2.15 - Thu May 31, 2012 11:20 AM EDT

                  Sarah,

                  The moral arc of every historic super power (successful civilization) has curved toward laziness, debauchery, materialism, corruption and demise.

                  • 36 votes
                  #2.16 - Thu May 31, 2012 11:21 AM EDT

                  Denying single people the benefits offered or afforded to married people (gay or straight) is also unconstitutional.

                  The last I checked, it was impossible to inherit your own property after you die or to visit yourself in the hospital. But if you want to try and violate the laws of physics feel free.

                  • 47 votes
                  #2.17 - Thu May 31, 2012 11:22 AM EDT

                  J70141: And exactly how would this FORCE you to marry a homosexual?? Common sense works both ways. Marriage is a civil matter. If your church wants to discriminate, THAT would be legal (just don't expect many people to applaud you for hate...AND to back your tax exempt status while you're at it.)

                  • 40 votes
                  #2.18 - Thu May 31, 2012 11:23 AM EDT

                  Another step towards an inevitable conclusion.

                  • 24 votes
                  #2.19 - Thu May 31, 2012 11:24 AM EDT

                  So, if the federal government didn't afford special privileges to the married, then there would be no issue in states outlawing marriage between same genders? (Honest question)

                  • 8 votes
                  #2.20 - Thu May 31, 2012 11:26 AM EDT
                  Comment author avatarfloyd-335513Expand Comment Comment collapsed by the community

                  liberal federal judges and this administration are taking this country down the road to total destruction. Believe, deny it, whatever you want to do but, God has removed His hand from this country.

                  BTW, there are so many of you that I wish your parents would have been homosexual.

                  • 16 votes
                  #2.21 - Thu May 31, 2012 11:27 AM EDT

                  Denying anyone rights based on something the babble says is moronic. You can't legislate morality. You can't continue to pass laws to control who dates who, who marries who, and who can live with whom they choose. You can't continue to pass laws controlling a woman's right to make ANY choices for her well being. Those laws open avenues to further laws of control of other population groups. Eventually the extreme white wing of the GOP will pass an obscure law banning blacks and whites for dating.. . The GOP want to control every aspect of a persons being.

                  The GOP have only 2 issues to ever run on at election time. 1: Wars (Willard & the GOP along with Israel want to destroy Iran.) 2: Morality & Religion are the other.

                  They have a horrible record with the economy, jobs, Domestic issues. The GOP beLIEves that being strong at home is ruling the world. BS. The GOP have pissed on the American people for the last 30 years, going back to Reagan who started this warfare of the Middle class. The GOP love to wrap themselves in the American flag and declare that they are the true defenders of freedom. The GOP fail to realize that religion equals conformity and conformity equals slavery.

                  The GOP fret the day that Prop 8 from The Best coast, except for Boston, makes it to SCOTUS. Even the most rght leaning SCOTUS won't back the GOP plans to make certain groups of people in America illegal. The GOP want to write Discrimination back into the US Constitution by their man/woman only marriage. As if a man/woman only marriage has set the standard so high that gay marriage can't do any better. I mean the average is 40-50% of divorces will end in marriage. Higher for those of us on our 2nd marriage about 70%..

                  The GOP have had a long history of control by edict. If they can't get the people to conform through words and suggestive language, then laws and trumped up attacks on Americas interests occur. http://www.youtube.com/watch?v=XELamUnF0EU Look very closely to the underbelly of the plane and then compare the colors and non-existent markings to "the plane the Bush regime claims hit the WTC".. Commercial jets do not have 2 bumps under the fuselage or are they matte charcoal gray in color and commercial jets always have a glossy or shiny multiple colored paint scheme. And very easily readable tail markings and all commercial jets have a silver underbelly.

                  • 29 votes
                  #2.22 - Thu May 31, 2012 11:27 AM EDT

                  Pyngywn,

                  There would still be an issue. If the state grants the lisense, the state has to grant them under the banner of equal protection. Fulfilling the desire to marry the person you love, is an inherent benefit, not granted by the state, but dependant on the state, and it's allowance of marriage.

                  If you think about it, marriage lisenses are no different then any other state issued document.

                  • 19 votes
                  #2.23 - Thu May 31, 2012 11:32 AM EDT
                  Comment author avatarEric-913730Expand Comment Comment collapsed by the community

                  Just as a reminder for folk. Nobody talks for GOD, NOBODY.

                  • 26 votes
                  #2.24 - Thu May 31, 2012 11:35 AM EDT

                  This is and always has been an issue of civil rights AND the separation of church and state. The Constitution and it's amendments state very clearly that "all men are created equal" and it further states that we will not have state-sponsored religion. All Americans have equal rights and protections under the law according to the Civil Rights Act of 1964. ALL AMERICANS.

                  Some religions, based on the teachings of bronze age texts (The Old Testament) preach that Homosexuality and same gender sexual relations are taboo. Those same texts endorse slavery and regard women as "chattel" possessions of their husbands or fathers. Those last two have been re-written in a more politically correct manner to remove the references to slaves and take women out of the category of 'property'. A lot has changed in three thousand years and as time goes by more and more of the Old Testament will be set aside by more enlightened societies.

                  You cannot, under the Constitution, discriminate against a segment of society based on your religious beliefs. It is unconstitutional. Period. To allow such discrimination endorses those beliefs and thereby sponsors certain specific interpretations of the Bible, ie: establishes are state religion.

                  Counting all the various religious beliefs recognized and practiced in America and the countless variations on those themes we have several hundred different belief systems being taught and followed in this country. I don't care if you are Christian, Hindu, Buddhist, Muslim, or a Jew, you do not get to impose your religious beliefs on the rest of us and that includes the belief that same-sex marriage is a sin.

                  The court's ruling is correct. To believe anything else is your right under our Constitution. To base public policy on your religious belief is unconstitutional.

                  • 66 votes
                  #2.25 - Thu May 31, 2012 11:37 AM EDT

                  So, if the federal government didn't afford special privileges to the married, then there would be no issue in states outlawing marriage between same genders? (Honest question)

                  It's not just "special" privileges. What do you think would happen to inheritance laws if the government wasn't involved? It would be a nightmare sorting out which relatives get what if a person didn't leave a will. Hospitals would also have difficulty working out powers of attorney for someone who was ill or injured and unable to respond. You could expect incidents like Terry Schiavo to increase if spouses didn't have that legal protection.

                  • 14 votes
                  #2.26 - Thu May 31, 2012 11:37 AM EDT

                  So the DOJ is not defending the laws passed by congress? Are you f'n kidding me, they don't have the POWER to decide that, that is for the judicial branch of the government.

                  I don't care if you like DOMA or disagree with it that is unacceptable and Holder should be held accountable.

                  • 16 votes
                  #2.27 - Thu May 31, 2012 11:38 AM EDT

                  So, if the federal government didn't afford special privileges to the married, then there would be no issue in states outlawing marriage between same genders? (Honest question)

                  That is a fair question. The answer is that while there are indeed many legal benefits granted to married couples, even when those are taken away, gay people love each other and long for the same level of publicly acknowledged commitment as any one else. I just do not understand why so many religious people want to stand up and say no, you guys cannot marry each other. What makes it their business? According to their religion, when it is all said and done, they believe that gays will end up in hell anyway. So why do they care?

                  Simple. The also believe that being gay is a choice. That it's like an illness you can catch. They really think like that preacher said, if you fenced them all away and let all the gays die out, that would be the end of it. So... how do you fix THAT? How do you fix a stupid that is so deeply etched into their souls that they think they chose to be straight???

                  • 31 votes
                  #2.28 - Thu May 31, 2012 11:42 AM EDT

                  liberal federal judges and this administration are taking this country down the road to total destruction. Believe, deny it, whatever you want to do but, God has removed His hand from this country.

                  Umm...at what point did God have his hand in this country? When The Native Americans were being slaughtered? When slaves were being kept, raped and killed? When free slaves were been lynched? When people of color and women were being denied civil rights? How about when we were over in other countries killing or oppressing innocent people for the sake of our corporate owners? ...well we still do that. Or maybe we were turning a blind eye or covering up gross injustices we saw happening? I'm just trying to figure out which period was "God's work".

                  • 90 votes
                  #2.29 - Thu May 31, 2012 11:42 AM EDT

                  @ Sarah, you can take your argument 1 step further, or shall I? lol.. I think by forcing someone to have insurance before they can operate any vehicle is no different than forcing someone to have health insurance. Lets face it, a majority of Americans live in places with sub-par or non-existent public transportation services and thus are by default forced into auto insurance or the alternative is to hoof it everywhere, bike or hitch a ride..

                  Yes we have choices to make every day, the GOP thinks otherwise.

                  • 16 votes
                  #2.30 - Thu May 31, 2012 11:43 AM EDT

                  Since so many couples seem to think marriage no longer means "til death do we part", I think there should be domestic partnerships for all. That way they can agree on the divorce terms, prior to getting married and while they are still on speaking terms. Marriage licences would no longer be required, just lawyers for both parties at the beginning and the end.

                  Those so inclined could have church services and or a reception to celebrate.

                  • 18 votes
                  #2.31 - Thu May 31, 2012 11:45 AM EDT

                  Hey Travel, please show us all the FEDERAL law that requires you to have auto insurance to drive a car.

                  Enlighten us ALL!

                  • 9 votes
                  #2.32 - Thu May 31, 2012 11:46 AM EDT

                  Anyone, such as Steve-2570999, who believes this is the same thing as not allowing black people to marry is misguided. The entire debate of gay marriage is based on whether you believe the premise that a person is born gay. Religious people know that God doesn't make someone born more sinful than someone else by making them homosexual. And yes, God says homosexuality is a sin. Read 1 Corinthians 6:9 if you don't believe me. Now, that doesn't mean someone may *feel* homosexual desires instilled by Satan who wants you to defy God. So if someone does have those feelings, that still doesn't mean they have to act on them. Humans have free will. Homosexuals *choose* to act on their homosexual feelings, despite knowing that God has said homosexuality is a sin. So with that out of the way, practicing homosexuality is a choice that must be acted upon. This is unlike a person's race, which really is out of a person's control, not to mention there is NOTHING sinful about a person's race.

                  So, don't make that lame argument because this is NOT the same thing as denying someone getting married just because of their race. Now Steve, what is YOUR argument for how is this the same as mixed race marriages? The effect is the same: people not getting married. But that doesn't mean the premises of the debate are the same, as I outlined above.

                  "We are thrilled that another court -- this time, the 1st Circuit Court of Appeals -- has ruled that it is unconstitutional to deny respect to the marriages of lesbian and gay couples, said Camilla Taylor, National Marriage Project Director for Lambda Legal. “We congratulate our colleagues at GLAD for achieving this wonderful victory."

                  I find this ironic that she would use the word "respect" since homosexuals don't know how to respect either the religious or the legal definition of marriage that have stood for over 200 years (and homosexuality has been around for over a thousand years). I know this because homosexuals are wanting to change the definition to specifically suit their needs, not because they want to change the definition to suit anyone's needs (e.g. more than 2 people getting married).

                  The various states' legal definitions of marriage all stem from the religious definition, because when you think about it, when European lawmakers were creating Common Law, what other system was available to base their laws upon? Religious teachings of course. That doesn't mean you had to be religious to not commit a crime; there is a difference. Many other state laws stem from laws that originated in Europe, which based their laws on religion. The origin of marriage is no different. There is no religion that generally accepts an altered definition of marriage. Any legal change is simply trying to find an end run around religion for one thing. What is more worrisome is what stops homosexuals from changing the religious definition after the legal definitions are altered?

                  I guess the saving grace is that, if you believe in evolution, homosexuals will just die out because they can't reproduce on their own. I guess they are the devolving part of the evolutionary branch of life that humans are a part of. If that doesn't get it through your thick skull that homosexuality is unnatural then I don't know what will. And the argument that "some frogs are homosexual too" is a fallacy. Some frogs actually *change* their sex, which isn't the same thing.

                  • 13 votes
                  #2.33 - Thu May 31, 2012 11:51 AM EDT

                  I agree withe the courts decision, but probably not for the reason most of you do. No where in the Constitution is the Federal Government given the power to Regulate Marriage. That by default is left to the state. And if states want to allow Gay Marriage, Marriage with Animals or polygamy I am fine with that. and if others don't I am fine with that also.

                  • 5 votes
                  #2.34 - Thu May 31, 2012 11:52 AM EDT

                  Eric,

                  I was not aware that God needed any of us to speak for him on this issue. Just because people like to pick and chose the parts they want to believe, does not mean that he has not already spoken.

                  • 13 votes
                  #2.35 - Thu May 31, 2012 11:55 AM EDT

                  What the heck is all this talk about the GOP? What party is responsible for DOMA? What party is responsible for DADT? You lefties twist everything. The vote in the House for DOMA was 342-67-2 and the Senate was 85-14, sounds BI-PARTISAN to me. If I recall both were signed by a democrat. And the birther movement was started by a democrat. I get tired of the lies from the left. Stand up and take responsibility for the ppast and quit blaming everything on the other side.

                  • 17 votes
                  #2.36 - Thu May 31, 2012 11:56 AM EDT

                  And yes, God says homosexuality is a sin.

                  God says a lot of things are a sin, the last I checked we don't use a list of sins to determine what's legal or not. If you want to get non-Christians to agree with you you're going to have to do better than quote a two thousand year old book.

                  • 51 votes
                  #2.37 - Thu May 31, 2012 11:58 AM EDT

                  Marriage is/was defined by the church and religious organizations. Let churches continue to define marriage within their own organization. If the government would apply a bigger umbrella (rather than continue to define marriage) that would place people as "co-inhabitants" (this would include people married in the church) then the issue would be solved. Gays could get "married" in churches that support such an idea but the legal recognition with the government would only be that you are a "co-inhabitants".

                  The problem with the government recognizing co-inhabitants is that it would place people "living" together under the same rules as "married". You would have to claim "co-inhabitant" status if you collect welfare or get benefits that would otherwise change if you were married.

                  • 3 votes
                  #2.38 - Thu May 31, 2012 11:58 AM EDT
                  Comment author avatarSetaExpand Comment Comment collapsed by the community

                  Looks like the queers out number the normal folks. A Queer army, a queer federal court> Next will be queer school teachers brainwashing our kids. SSDD with the baboons in congress.

                  • 7 votes
                  #2.39 - Thu May 31, 2012 12:00 PM EDT

                  @ Wet Willy

                  Ah the ol' slippery slope rhetoric spouted by mornic people stuck in the past, what is next you want to start talking about how this is going to lead to beastiality?

                  TBH if you could find any amount of women all willing to marry the same man (or a number of men all willing to marry the same woman) without being forced into it at a young age by religious "authority" I think you would see that it wouldn't happen very often and for those that it did happen to would have no effect on your day to day life.

                  • 12 votes
                  #2.40 - Thu May 31, 2012 12:02 PM EDT

                  Brandon, Corinthians was written by Paul, and as such, has his beliefs into those letters. Jesus never spoke out against homosexuality. Does your bracelet say WWPD or WWJD?

                  • 30 votes
                  #2.41 - Thu May 31, 2012 12:02 PM EDT

                  I suspect this will eventually be decided by the Supreme Court - just like interracial marriages. A decade after gay marriage is ruled a constitutional right, most people will wonder why it was ever such a big issue to begin with.

                  • 35 votes
                  #2.42 - Thu May 31, 2012 12:02 PM EDT

                  What party is responsible for DOMA? What party is responsible for DADT? You lefties twist everything.

                  DOMA was introduced by Don Nickles, a social conservative. The only reason that DADT was introduced at all is because the right was screaming against open service. Try again.

                  • 32 votes
                  #2.43 - Thu May 31, 2012 12:04 PM EDT

                  Marriage with Animals or polygamy

                  When an animal becomes a tax-paying citizen of the USA, I'll pay for the honeymoon. Polygamy is illegal in all states of the US - even for Mormons.

                  • 19 votes
                  #2.44 - Thu May 31, 2012 12:04 PM EDT

                  Brandon,

                  The entire debate of gay marriage is based on whether you believe the premise that a person is born gay.

                  Technically, that's beside the point. This is a legal issue, so the lack of a legitimate state interest in banning gay marriage would be more to the point.

                  And yes, God says homosexuality is a sin.

                  We are protected from what your God does or doesn't say, under our secular laws.

                  The effect is the same: people not getting married. But that doesn't mean the premises of the debate are the same,

                  Actually it does. Outside of being about marriage and declaring it a civil right, the very reason Loving v Virginia is applicable here, is that the dissenters, those trying to ban marriage in both cases, used the same defense.

                  If it wasn't a valid, legal defense then, why would it be now?

                  I find this ironic that she would use the word "respect" since homosexuals don't know how to respect either the religious or the legal definition of marriage that have stood for over 200 years

                  First, no one has to respect your religion. It's your religion, not ours. Second, how long had the prohibition on women voting stood for, before we knocked that off??? I sure would hate to live like we did 200 years ago. THAT'S CALLED PROGRESS.

                  The various states' legal definitions of marriage all stem from the religious definition, because when you think about it, when European lawmakers were creating Common Law, what other system was available to base their laws upon? Religious teachings of course. That doesn't mean you had to be religious to not commit a crime; there is a difference. Many other state laws stem from laws that originated in Europe, which based their laws on religion. The origin of marriage is no different. There is no religion that generally accepts an altered definition of marriage. Any legal change is simply trying to find an end run around religion for one thing. What is more worrisome is what stops homosexuals from changing the religious definition after the legal definitions are altered?

                  Yada, yada, yada, RELIGION DOES'T MATTER, yada, yada, yada. Here's why...

                  Congress shall make no law respecting an establishment of religion, or prohibiting the free practice thereof...

                  Everything that's in bold, prior to the comma, is your freedom FROM religion. This is why...

                  If it wasn't, you'd have no freedom to PRACTICE religion. The freedom to and freedom from, in this case CAN NOT BE MUTUALLY EXCLUSIVE. If you weren't free from religion, by default the government could sanction a specific religion, conferring benefits for those who practice it or forcing people to practice it, thereby putting those who don't believe in it, don't want to practice it, or those who practice a different religion at an automatic disadvantage.

                  Continuing, what does religious nuetrality by our government look like? What does the government not placing no religion over religion look like? Well, it looks like nothing, and nothing doesn't equal something. A great example I read on this vine was, if you're pushing against a wall and you stop, does that mean the wall is now pushing you? No, of course not. If this wasn't true, the only way the 1st Amendment could work would be to print a disclaimer on every government building, in every government EVERYTHING, saying that the lack of religious content, or whatever, didn't constitute a government sanctioning of Atheism.

                  To have COMPLETE freedom TO practice your religion, you need COMPLETE freedom FROM all other religions.

                  Furthermore, whether the words are specifically said within the Constitution doesn't matter. You have a lot of rights guarenteed to you that aren't enumerated, but rather interpreted. You can thank the 9th Amendment for that.

                  Finally, don't even try to give me that 10th Amendment crap. The 10th Amendment was written prior to the Bill of Rights being applicable to the states. Once we instituted the 14th Amendment, or the "incorporation amendment", the 10th in regards to anything contained within the first nine amendments, became null and void.

                  I guess the saving grace is that, if you believe in evolution, homosexuals will just die out because they can't reproduce on their own.

                  Either can people who are infertile, yet we continue to have them in our society. Besides, this is completely, logically, contradictory to your position. If it's a CHOICE, they CHOOSE it, and it has nothing to do with evolution.

                  • 49 votes
                  #2.45 - Thu May 31, 2012 12:04 PM EDT

                  Denying anyone rights based on something the babble says is moronic. You can't legislate morality

                  As soon as you bring up that point, you loose the argument. By your logic there should be no laws against murder, pedophilia, rape, stealing, etc. Either there are moral absolutes or there aren't. You decide.

                  • 7 votes
                  #2.46 - Thu May 31, 2012 12:04 PM EDT

                  lolfatty

                  Look at the votes in Congress. Try again yourself.

                  • 3 votes
                  #2.47 - Thu May 31, 2012 12:06 PM EDT

                  Speaking for a friend I know, lemmee see if I got this right....

                  He's unemployed, quasi disabled, numerous physical issues. Probably couldn't hold a part time job flipping burgers. But he's a really nice guy. We've been good friends for like 20 years. But with the issues he has, probably couldn't find/get/hold a relationship with any female(as he would prefer a mate, as would I) (it's called preference).

                  He could move in with me , we could call ourselves married, and he'd have access to all the benefits I have???? That's all it'd take?? And after X-amount of years, after our *divorce*, he'd still have medical for life ??

                  Wow, only in America..lol. Everyone argues bout the pay of us civil servants..pfftttttttt.. I'd nearly work for free, benefits only !!

                  • 8 votes
                  #2.48 - Thu May 31, 2012 12:07 PM EDT

                  Mr.Steady, murder, pdophilia, rape, stealing, etc. infringe on the rights of others. It has nothing to do with morals.

                  • 30 votes
                  #2.49 - Thu May 31, 2012 12:08 PM EDT

                  Mr. Steady,

                  Cult hit the nail on the head. Those are things that would be illegal regardless of whether or not they were in the Bible. There are also, NUMEROUS things SANCTIONED by the Bible which are illegal, and many things NOT allowed by the Bible which are legal.

                  JH,

                  Sure, I guess. You could also do that with a female friend.

                  Bent,

                  Marriage is/was defined by the church and religious organizations. Let churches continue to define marriage

                  Wrong. That's Holy Matrimony or its equivalent. That's why this is true...

                  The act of marriage essentially falls under contract law, it has never simply been between one man and one woman, and it predates organized religion. It shouldn't be confused with HOLY MATRIMONY, which is the religous sacrement or sanctifying, or spirituality that's been added over the years.

                  This is why the STATE issues the lisence, not the church. Why the court oversees divorces, not the church. And, why tons of people are married everyday, without stepping foot in a church. On top of that marriage comes with over 1000 benefits for those who enter into the contract.

                  • 39 votes
                  #2.50 - Thu May 31, 2012 12:14 PM EDT

                  Are you conservatives all old and fear mongering people?

                  i dont understand it...

                  you think gays would make the world implode or somthing?

                  while we are still following the bible that endorses: slavery,rape,incest,kidnapping,stoning,genocide,destruction of cities/world,war/rebellion, degredation of woman, killing of children by animals, execution

                  yeahhhhhhhhhh...... so if i made fun of a bald priest would i get mawed by an animal? same logic...the world wont be destroyed becuase i, alone , as young as i am HAS LIVE THROUGH 4 END OF THE WORLD PROPHECIES.....

                  you guys remind me of Harold camping...HMMMM

                  remember when you guys said the world would end when they regalize gay marriage? what is it? 7 states now? i dont see much fire...

                  • 18 votes
                  #2.51 - Thu May 31, 2012 12:16 PM EDT
                  Comment author avatarEd Petersvia Facebook

                  "j70141 in Colorado" wrote:

                  "The non-religious do not have the right to force their views on the religious. Religious, or non-religious, freedom goes both ways. Works both ways there mate. I'm pretty sure I could point to a large number of recent articles where the liberals have been forcing their ways upon the churches."

                  OK, and just what is being forced upon churches? Not companies/institutions (that are being advised that they have to operate under the same rules as all companies/institutions), but actual churches and religious orders? I don't think you can, I surely can't!. So, go back to your church and do what you want, even belly ache that others won't listen to your "holier than thou" rants. And I, in my own way, will continue to tell you to keep your nose and pie hole out of my face! YMMV

                  • 19 votes
                  #2.52 - Thu May 31, 2012 12:18 PM EDT

                  The day people follow the bible like stoning their child if they stray from the faith or executing a woman if she isnt a virgin upon marriage, then talk about how "immoral" somone is...

                  until then, keep your religion of self righteouness, cruel justification and dogma to yourself

                  • 21 votes
                  #2.53 - Thu May 31, 2012 12:19 PM EDT

                  As soon as you bring up that point, you loose the argument. By your logic there should be no laws against murder, pedophilia, rape, stealing, etc. Either there are moral absolutes or there aren't. You decide.

                  How much of the bible requires interpretation? Do you rigorously follow every single commandment in the bible? As soon as you have to interpret something for context moral absolutism loses its teeth.

                  • 15 votes
                  #2.54 - Thu May 31, 2012 12:23 PM EDT

                  Brandon, I actually have no words to even begin to respond to your post. It's not worth arguing with someone whose logic is so terribly misguided.

                  • 4 votes
                  #2.55 - Thu May 31, 2012 12:25 PM EDT

                  JH-479998 - What the heck is all this talk about the GOP? What party is responsible for DOMA?

                  The author of DOMA was Georgia Republican Bob Barr.

                  Barr has since repudiated DOMA and called it unconstitutional and unnecessary. He's called for it to be repealed entirely.

                  http://news.change.org/stories/bob-barr-the-architect-of-the-defense-of-marriage-act-again-calls-for-its-repeal

                  • 9 votes
                  #2.56 - Thu May 31, 2012 12:28 PM EDT

                  So very few of you have problems with the executive branch of of government not executing laws?

                  • 2 votes
                  #2.57 - Thu May 31, 2012 12:29 PM EDT

                  Brandon

                  You can NOT use religion as a justification for discrimination... we are a secular society. Your entire argument fails due to this basic point.

                  To legally discriminate against a specific class you must PROVE that this discrimination is beneficial to society as a whole, WITHOUT using religion (relative to each individual) as an argument.

                  If you are up to the challenge, you must PROVE that not allowing homosexuals to sign a government backed contract dealing with property rights, asset allocation, hospital visitation, inheritance, etc, is beneficial to society as a whole. You can NOT use religion to prove your point. Good luck.

                  • 12 votes
                  #2.58 - Thu May 31, 2012 12:30 PM EDT

                  Cult; Higher taxes, deficits and national debt, due to more entitlements does infringe upon me.

                  Overpaid; pretty slippery slope is it not?

                  Pah; Agreed this issue is better handled by local and state entities (founding fathers great experiment that everyone seems to forget), But Sarah is right about the eventuality of the feds putting their noses in the issue, by calling it a human rights issue (again I wonder how African American's feel about homosexual "right" to marriage preference being compared to the rights they had to fight for).

                  I tend to not look at this issue thru the lense of law, but more thru the lense of what is good for society. It is my belief that the most important/basic form of government is the family, and that unit is best served (generally speaking) by a male, female and children. Government should support that model and remain silent on others.

                  • 8 votes
                  #2.59 - Thu May 31, 2012 12:34 PM EDT

                  "By your logic there should be no laws against murder, pedophilia, rape, stealing, etc."

                  Those laws are actually beneficial to a functional society regardless of their perceived moral benefit. Even in tribal society where deities were not as rulemongering about such human activity things like murder and theft were not tolerated as it is not beneficial to the group.

                  If society didn't outlaw something like murder than society could not function - its that simple - theft, pedophelia and rape work in a similar context - its hardly due to their moral benefit (while the moral benefit is still beneficial in this case) rather if those types of activities were not prohibited society would lose its benefit to the individual and any motivation to collaborate.

                  • 10 votes
                  #2.60 - Thu May 31, 2012 12:38 PM EDT

                  Tod

                  Higher taxes, deficits and national debt, due to more entitlements does infringe upon me.

                  Nothing to do with gay marriage... you are struggling.

                  pretty slippery slope is it not?

                  The "slippery slope" argument is the last, desperate attempt by those who do not have a solid argument to stand on.

                  I tend to not look at this issue thru the lense of law, but more thru the lense of what is good for society.

                  Homosexuals represent a significant customer base for small businesses in the marriage industry... a multi-billion dollar industry.

                  By not allowing gay marriage you are restricting potential customers, and potential profits, to these businesses. Do you believe that small business profits and success are good for society? Are you anti-business... supporting legislation that restricts profits? Or pro-business... supporting legislation that improves profits for businesses?

                  It is my belief that the most important/basic form of government is the family, and that unit is best served (generally speaking) by a male, female and children. Government should support that model and remain silent on others.

                  Please provide supporting documentation that PROVES that "family" is the most important form of government. Given the majority of marriages end in divorce, and there are more single-parent households than dual-parent... I would assume those FACTS would be of larger concern to your "family" argument.

                  But I will await your supporting facts and figures that PROVE a male, female, child family is the most beneficial.

                  Also, what about couples who do not have children? The male, female "family" that is missing the third leg you listed. Shall we remove their rights as well, because they do not fall into your categorized definition?

                  • 17 votes
                  #2.61 - Thu May 31, 2012 12:43 PM EDT

                  Jemma77 The religious do not have the right to force their views on the non-religious. Religious, or non-religious, freedom goes both ways.

                  In theory that should work both ways. But aren't the non-religious pushing there views on the religious, just as much as the religious are pushing their views on the non-religious?

                  • 1 vote
                  #2.62 - Thu May 31, 2012 12:47 PM EDT

                  Capt

                  ...agree that queers (term acceptable to my gay friends) will be the end of the country. Even the gay community that I associate with concedes they have to stay a minority to exist at all (for a good time get a queer drunk and talking, it's very enlightening!).

                  I'm not sure how gays need a minority to exist or that they will destroy a country. Are you suggesting that because gay people don't have the right gear to have kids that they will eventually die out? I sincerely doubt that they would be so stupid as to never ever under no circumstances have sex with the opposite sex in order to have children.

                  As a matter of fact, it it weren't so difficult for them to adopt there would be more raising them. There are plenty of homosexuals that are fine with having sex with the opposite sex and more still would do it to have children of their own. What a really sad comment on your part.

                  • 8 votes
                  #2.63 - Thu May 31, 2012 12:49 PM EDT

                  Sarah, Thought you would like this ruling.

                  Skip,

                  You cannot, under the Constitution, discriminate against a segment of society based on your religious beliefs.

                  Not sure which comment you were addressing, but I see comments like yours a lot. Be careful NOT to assume that if I don't agree that gays should be able to marry that it is religiously based. You will argue that it is. BUT, I know a lot of rednecks that sure as heck aren't christians, but will not agree with gay marriage.

                  • 3 votes
                  #2.64 - Thu May 31, 2012 12:49 PM EDT

                  People think humans need to procreate...then again i dont know which monster breeded these homophobes...

                  8billion people on this bloody earth and WE NEED MORE!

                  they also think the world is going to IMPLODE....really...

                  -harold camping club sudden appears outthe no where-

                  its a slippery slope, people tell u what to do, feeding your fear, telling you what is right and wrong. get offa ur high horses n stop judging people. u people r too eagar to play "god". Ban divorce, cuz marriage means nothing to u guys anyways

                  • 2 votes
                  #2.65 - Thu May 31, 2012 12:50 PM EDT

                  Sarah,

                  You're HOT (if that's you)! I also disagree with many of your premises...too many to list. In post 2.45 you sidestepped almost every issue and addressed many out of context, are you an attorney? Seriously. Your arguments appear to have the bias I see in litigation from both sides of the aisle. You have an intelligent tack...try hitting issues from a more objective perspective and tone down the hatred and disdain a little...you'll go farther and possibly sway more people ;)

                    #2.66 - Thu May 31, 2012 12:53 PM EDT

                    clb,

                    In theory that should work both ways. But aren't the non-religious pushing there views on the religious, just as much as the religious are pushing their views on the non-religious?

                    YES, but they don't see it that way. For example. If I have an opinion that you agree with, you see me as "open minded" or "smart." If I have an option that you do not agree with, especially if it is a strong disagreement, then I am "judgemental." And you will get a label such a "homophobe."

                    • 2 votes
                    #2.67 - Thu May 31, 2012 12:53 PM EDT

                    "In theory that should work both ways. But aren't the non-religious pushing there views on the religious, just as much as the religious are pushing their views on the non-religious?"

                    Examples???

                    Many people seem to forget that the United States is a SECULAR government, the mere suggestion that any religeon is having views pushed on it is ridiculous - give me one example, all I ask for is 1, of a non religeous organization that busted into a church and began forcing its views on the parishoners - because the reverse happens ALL THE TIME.

                    • 9 votes
                    #2.68 - Thu May 31, 2012 12:55 PM EDT

                    Not sure which comment you were addressing, but I see comments like yours a lot. Be careful NOT to assume that if I don't agree that gays should be able to marry that it is religiously based. You will argue that it is. BUT, I know a lot of rednecks that sure as heck aren't christians, but will not agree with gay marriage.

                    I can't think of any other basis aside from religion beyond "I find it icky", discredited studies and various degrees of misinformation.

                    • 9 votes
                    #2.69 - Thu May 31, 2012 12:58 PM EDT

                    Wouldn't letting gay couples get married actually help the country? I mean, we have thousands of gay couples that can't get married...once they can, they'll be booking wedding after wedding, spending thousands upon thousands of dollars on ceremonies, pumping their money into the economy. My goodness, what horror.

                    • 11 votes
                    #2.70 - Thu May 31, 2012 1:01 PM EDT

                    dogma bites-

                    gays are turned homophobes be family n religion. its tragic

                    if everyone is gay then the world will end..but really? what kind of far fetch fantasy is this?

                    10% of the people are gay...and its pretty constant

                    unbanning gay marriage doesnt make people gay

                    its a rights issue

                    • 3 votes
                    #2.71 - Thu May 31, 2012 1:01 PM EDT

                    clb

                    In theory that should work both ways. But aren't the non-religious pushing there views on the religious, just as much as the religious are pushing their views on the non-religious?

                    There is one main difference... the religious are not only pushing their "views", they are actually restricting rights of other people. They are acting on their views to directly limit another group of society.

                    The non-religious are trying to stop this action, but they are NOT forcing anything on the religious. This issues will not directly affect the religious by limiting their rights or taking anything away from them.

                    For example: The religious are physically pushing someone, moving them and directly affecting their life. The non-religious want you to stop pushing. This does NOT mean that you are suddenly being pushed and directly influenced... you are just no long pushing someone else.

                    You are making the argument that YOU have the right to infringe upon and take away rights from another group. And if you no longer have the right to directly limit the rights of other people, that is somehow infringing upon you.

                    To be clear... you can keep your VIEWS, that will not change. You can hate whoever you want. But when your "view" crosses over into a direct, physical action that affects this other group, THAT is where you must stop. You can revel in your hatred as much as you want and keep your "view"... no one is taking your "view" away.

                    • 13 votes
                    #2.72 - Thu May 31, 2012 1:04 PM EDT

                    Indi,

                    I said "I believe" so whats your point.

                    Your "customer argument is plain silly, and in case you actually did not read the article, it's about federal benefits for homosexual couples. More benefits = more $, my $.

                    An astute poster above mentioned the very real possibility of non-homosexuals pretending marriage or sexual co-habitation to cheat the system. You could also make a good argument for single people being descriminated against (not being able to pass on their benefits). I see an entirely new government buearocracy to police whether or not you are truely gay. What a nightmare!!

                    And yes, I am even more disturbed over the divorce rate in this country. The amount of kids being raised by single mothers is a very real problem (I'll leave you to research the stats on that, its not difficult). Please, I am not disparaging single moms, I am actually disgusted with the destructive irresponsible trend in fathers.

                    Sock, If you're going to post actual statistics, please try and be somewhere in the ball park of reality;

                    10% come on, try 2-3% max

                    • 1 vote
                    #2.73 - Thu May 31, 2012 1:05 PM EDT

                    TXhorseman-

                    that is true, its the same way people labal others as gay or straight, or ugly, or fat

                    there is no way to have diabietes and not be called diabetic right?

                    people need to loosen up, everyone should have an open mind. the mind set bent on restricting others based on YOUR standard and "morals" is NOT justified, it out of spite and self righteouness....

                    as I say- You cant tolerate people's intolerance, dont go around justifying hate, and expect people to respect you- the "moral" and "norm" does not exist, it is out of self righteouness we act out of.

                    and then u have people who go around saying its a slippery slope, and its pedophelia, or perverted....hypocrisy when its a lesbian, when guys stare at girl's ass from behind thier backs, and fear when its a far fetch fantasy

                    • 1 vote
                    #2.74 - Thu May 31, 2012 1:08 PM EDT

                    Capt,

                    If you believe I've side stepped. Be specific. How so? Where? What is unclear? How is biased? Back your position up, please.

                    TX,

                    How's my favorite conservative? Did you get my message?

                    Tom,

                    If the law is unconstitutional, it is therefore illegal, ergo, to uphold it, would be to break the law. I have no problem with them NOT enforcing unconstitutional laws.

                    • 7 votes
                    #2.75 - Thu May 31, 2012 1:09 PM EDT

                    For those that keep saying the state has the right to decide if there will be gay marriage or not. WRONG!

                    The states still cannot enact laws that violate the US Constitution. If the law is found to be unconstitutional. It doesn't matter whether it's state or federal. It's still unconstitutional. State laws that didn't allow interracial marriage were found to be unconstitutional and were struck down. The same will happen to laws or state constitutional amendments that forbid gay marriage.

                    Eventually, all laws and constitutional amendments preventing gay marriage WILL be struck down as unconstitutional.

                    • 9 votes
                    #2.76 - Thu May 31, 2012 1:14 PM EDT

                    Sarah, Yes!!

                    • 3 votes
                    #2.77 - Thu May 31, 2012 1:15 PM EDT

                    What I've seen for reasons for and against gay marriage:

                    For - The Constitution grants everyone equal rights and our country is not allowed to make laws based off of religion or religious beliefs

                    Against - Religious beliefs and others just don't like it

                    And yet the Against side wins most of the time?

                    • 5 votes
                    #2.78 - Thu May 31, 2012 1:15 PM EDT

                    Sockurmouth,

                    people need to loosen up, everyone should have an open mind. the mind set bent on restricting others based on YOUR standard and "morals" is NOT justified, it out of spite and self righteouness....

                    Actually I do not disagree with you. BUT I am also aware that it can be a slippery slope. We all can't do whatever we want, whenever we want. Just won't work. As far as gay marriage. Don't care. Just don't be offended when the local church won't let you get married there. They are christian and as such will follow their belief and faith. No matter what you or others think about it, agree with it or not. It is as much a part of them as some of the morals or belief system you have. Whatever those may be. I have actually had females get mad at me for opening a door for them. Don't care. Will do it anyway.

                    And for goodness sake, close your mouth when you are chewing!!!

                    • 2 votes
                    #2.79 - Thu May 31, 2012 1:25 PM EDT

                    The non-religious or non-CHRISTIAN (since that's what it boils down to) are not going to the state houses to regulate what happens inside your church, mosque, temple, synagogue, cathedral or wherever you gather to practice and celebrate your religion. The government IS telling BUSINESSES that in order to operate as a BUSINESS they must adhere to BUSINESS-related laws. Nobody is telling is the Catholics that they can no longer pray to saints or Mary. Nobody is telling Protestants that they MUST pray to the saints or Mary. Nobody is telling your priest/preacher/reverend/imam/rabbi what to teach the congregation within the bounds of the church/temple/synagogue/mosque. Nobody is telling Jews that they must believe Jesus was the Messiah. Nobody is telling Muslims that they must stop praying to Allah or Mohammad. Nobody is telling Christians that they must remove all depictions of people from their churches or that Temples and synagogues must have depictions of people in their decorations. Nothing regarding the practice of a religion within the bounds of religion is being challenged. What IS being challenged is those areas which are BUSINESSES and thus should be bound to the laws that govern every other business. This is NOT trampling on the freedom to practice your religion. Allowing non-Christians access to birth control if they work for a Catholic hospital in NO WAY forces the CATHOLIC employees to purchase birth control. They can still practice their beliefs that it is a sin or forbidden to them. Nobody is forcing them to get a prescription for it or take it. Nobody is forcing the priests and nuns to use birth control. It is allowing the employees who do NOT view it as a sin (or are taking it for medical reasons) access to health care.

                    In fact, someone here on the Vine pointed out that having access to birth control that is covered by health insurance would be an IDEAL way for a Catholic woman to show her adherence to the faith by NOT taking it - NOT giving in to "temptation". How true is any faith that is never tested or challenged? How secure is it if the faith demands that secular authorities never provide "temptation"? How real is any religion that controls their flock so tightly that the people of the religion are never confronted by other people of differing views? In the last case, that's not a religion ... it's a CULT.

                    • 7 votes
                    #2.80 - Thu May 31, 2012 1:25 PM EDT

                    Sarah,

                    "If the law is unconstitutional, it is therefore illegal, ergo, to uphold it, would be to break the law. I have no problem with them NOT enforcing unconstitutional laws."

                    But the executive branch does not get to decided constitutionality, that is left for the judicial branch.

                    And if you believe that this decision makes it unconstitutional and shouldn't be defended by the DOJ, I hope you would be consistent in your belief the DOJ shouldn't be defending Obama care in court. (Which I know you aren't)

                    So either you are a hypocrite or you are OK with the Party in Power deciding what laws should be upheld, and remember with that belief you party will not always be in power. It may or may not be the next election but there will come a time and I hope you won't complain when the other side is or isn't defending something you believe in.

                    • 1 vote
                    #2.81 - Thu May 31, 2012 1:28 PM EDT

                    So a judge from a state that permits Gay 'Marriage' has ruled that 'Gay Marriage' is legally acceptable.

                    And we're supposed to be surprised?

                    • 1 vote
                    #2.82 - Thu May 31, 2012 1:30 PM EDT

                    Tod

                    Your "customer argument is plain silly

                    How is that silly? Massachusetts added $111 MILLION to the state economy in the first five years from gay marriage. NY is estimating $142 MILLION from wedding-related purchases and another $184 MILLION in additional spending, in the first three years, from gay marriage. It is also estimated that if same-sex marriage was legalized across the country, that would generate an additional $1 BILLION in spending each year.

                    Those are all factual numbers, you can look them up. Weddings are expensive, people spend A LOT of money on weddings. That is money for businesses in the marriage industry.

                    So, how are my factual numbers that show actual spending in the economy, due to gay marriage, "silly"?

                    And if it is "silly"... please provide the statistics and facts that prove that no spending occurred due to gay marriage. I would personally love to learn how they all receive free weddings, free jewelry, free catering, free site bookings, and all guests get free gifts to give to the couple.

                    An astute poster above mentioned the very real possibility of non-homosexuals pretending marriage or sexual co-habitation to cheat the system.

                    How is this any different than straight couples who already do this? Are you saying that only straight couples are allowed to "cheat the system"?

                    And yes, I am even more disturbed over the divorce rate in this country. The amount of kids being raised by single mothers is a very real problem

                    So where is your movement to ban divorce? Where are you protesting, with signs, against divorce? Where are the rally's, the marches, the TV commercials, the petitions to stop divorce? Where are the quotes from Biblical scripture condemning those who get divorced? Where are the shouts of: "YOU WILL BURN IN HELL" towards divorcees?

                    For someone who is "more disturbed" by this... you are awfully quiet on the matter.

                    • 8 votes
                    #2.83 - Thu May 31, 2012 1:31 PM EDT

                    Matt - you forgot the most important part against Marriage, The Federal Government doesn't have the constitutional power to be involved in the Marriage business.

                    • 1 vote
                    #2.84 - Thu May 31, 2012 1:32 PM EDT

                    I am a non-breeder by choice. I am straight. My best friends are lesbians and will be breeding. Just because someone is gay does not mean they are incapable of breeding. Some of you people are so freaking clueless...

                    • 8 votes
                    #2.85 - Thu May 31, 2012 1:34 PM EDT

                    TXHorseman

                    Just don't be offended when the local church won't let you get married there.

                    I have yet to see anyone demand that a church perform the ceremony... and I would be the first to stand up for the right of the church to deny service to anyone.

                    I see that as no different than a Jewish church denying a Christian wedding... a Protestant church denying an atheist wedding... or a Catholic church denying a wedding for non-pedophiles (cue rim-shot).

                    • 4 votes
                    #2.86 - Thu May 31, 2012 1:40 PM EDT

                    Wet Willy Comment collapsed by the community

                    Everything I'm seeing and hearing regarding overturning such laws points to an inescapable conclusion which is that most other unions will also fall into the category of equal treatment under the law. Polygamy and other types of unions will soon follow, and why not? You can't provide equal treatment under the constitution for one particular group while denying it to another group.

                    I cant agree enough. If we are going to take a stand for gays, and say its unconstitutional for them to get married, then we need to allow room for any future idea of marriage. Close family relations is Illegal, why ? Because of the risks of genetic disorders. Who are any of you to tell 2 people they can not have offspring because of the possible disorders ? Would you tell that to two mentally handicap people that they can not reproduce because they may have a chance of passing on some bad genes ? WHat if close relations dont have sex, they are fixed so they cant ( not like its your right to make them ) but lets just say they cant have off spring would you still deny them their right to marry ? For you pro gay marriage people out there, lets see how quick you are to set a double standard here.

                    • 3 votes
                    #2.87 - Thu May 31, 2012 1:46 PM EDT

                    Tom,

                    But the executive branch does not get to decided constitutionality, that is left for the judicial branch.

                    Correct, however it doesn't matter. This will be deemed unconstitutional. Everyone knows that. I'd rather err on the side of caution, in regards to trampling civil rights.

                    And if you believe that this decision makes it unconstitutional and shouldn't be defended by the DOJ, I hope you would be consistent in your belief the DOJ shouldn't be defending Obama care in court. (Which I know you aren't)

                    Problem. As I've repeated to you, AD NAUSEUM, there is such thing as the Commerce Clause. We won't get into here. You failed to provide a legal answer to my defense of ACA. I'm only being hypocritical, if I believe ACA is Unconstitutional. I don't. My being hypocritical isn't dependant on YOUR interpretation of the Consitution, it's dependant on MINE.

                    http://nbcpolitics.msnbc.msn.com/_news/2012/03/28/10901255-court-signals-entire-health-care-law-might-need-to-be-struck-down?__utma=154396583.1484684769.1337959327.1338483757.1338485992.14&__utmb=154396583.3.10.1338485992&__utmc=154396583&__utmx=-&__utmz=154396583.1337959327.1.1.utmcsr

                    There's the link to just on of the articles where I laid out my position.

                    So either you are a hypocrite or you are OK with the Party in Power deciding what laws should be upheld, and remember with that belief you party will not always be in power. It may or may not be the next election but there will come a time and I hope you won't complain when the other side is or isn't defending something you believe in.

                    The party in power doesn't decide what is/isn't Constitutional. The Constitution does. And that stays the same regardless. I would have no problem with either party not upholding DOMA or enacting ACA. In fact, ACA was originally a CONSERVATIVE idea, from the Heritage Foundation.

                    The Federal Government doesn't have the constitutional power to be involved in the Marriage business.

                    THAT'S why DOMA is Unconstitutional. We're trying to get the government OUT of marriage, and return it to the basic governance of informed capacity of the parties contracting.

                    • 5 votes
                    #2.88 - Thu May 31, 2012 1:50 PM EDT

                    I have read the red herring from I assume are Republicans that there are more important hings to be spending money on.

                    That maybe true in your eyes, however, if you hold that conviction to be true. Stop the hypocrisy and ell your own party to stop spending millions of dollars of tax payer money defending DOMA:

                    "House Speaker John Boehner convened the Bipartisan Legal Advisory Group to defend it."

                    • 2 votes
                    #2.89 - Thu May 31, 2012 1:50 PM EDT

                    Believe, deny it, whatever you want to do but, God has removed His hand from this country.

                    I hope he removes the bigots who claim to follow the teachings of his son, next. Maybe he can plop them all down in a theocracy, like Iran.

                    • 3 votes
                    #2.90 - Thu May 31, 2012 1:51 PM EDT

                    Yes, yes, yes, yes!! These couples should not be denied benefits or any other rights. One more step towards treating our fellow human beings with dignity.

                    Find the pockets of joy!

                    • 2 votes
                    #2.91 - Thu May 31, 2012 1:53 PM EDT

                    Crossfit

                    By that logic, we should then ban ALL marriages... because they ALL might lead to your "slippery slope" argument. Straight marriage is obviously just the first step down your "slope".

                    For the record, I would fully support banning ALL marriages. I still see no reason for the government to require a legal contract be signed, by two people, simply because they decide to be monogamous.

                    • 1 vote
                    #2.92 - Thu May 31, 2012 1:53 PM EDT

                    Such a sad day. The US is determined to go the route of Sparta, of Rome and the Greeks......become the strongest, then turn lazy and immoral and fall to another country. Arent we supposed to learn from the past? All you need to do is go read a history book to figure out that this is just one more step in the wrong direction.

                    • 1 vote
                    #2.93 - Thu May 31, 2012 1:55 PM EDT

                    All you need to do is go read a history book to figure out that this is just one more step in the wrong direction.

                    How is this a step in the wrong direction again?

                    • 1 vote
                    #2.94 - Thu May 31, 2012 1:57 PM EDT

                    Indie,

                    Your semantics are kinda tiring. Divorce is bad, fathers not involved or supporting family is bad. Government should support one form of marriage, the one that benefits the family. Anything other than that (same-sex, different sex, multiple sex, fake sex and on and on) reamin silent on. If a man and womand cannot or chose not to have a family they don't recieve the benefits of those that do, but should recieve the benefits society afforded their spouse. Now, you can call me a bigot, because I dared post what 99% of all human history has beleived, 1/2 the country (dems and rep who signed DOMA) 1/2 of Europe and 95% of the rest of the world beleive.

                    sarah ,

                    "We are protected from what your God does or doesn't say, under our secular laws."

                    Intersesting post considering whom our founding documents say our rights (created equal) came from; just sayin.

                    • 2 votes
                    #2.95 - Thu May 31, 2012 1:59 PM EDT

                    lola007

                    Its such a sad day for the education system if that is what you think caused these countries to fall.

                    History Fail.

                    Tod-2791955

                    The constitution does not mention god. Not that it would matter if it did just wanted to point that out. Created/born which ever. I am religious and believe in equality. Its rather easy to separate church law from civic law.

                    • 3 votes
                    #2.96 - Thu May 31, 2012 1:59 PM EDT

                    "Anyone, such as Steve-2570999, who believes this is the same thing as not allowing black people to marry is misguided. The entire debate of gay marriage is based on whether you believe the premise that a person is born gay."

                    And years ago, when blacks were not allowed to marry whites, the belief was that blacks were somehow inferior to whites. THAT was an incorrect belief as well. There is sufficient evidence that sexual orientation is innate.

                    • 5 votes
                    #2.97 - Thu May 31, 2012 2:00 PM EDT

                    Sarah

                    "Correct, however it doesn't matter. This will be deemed unconstitutional. Everyone knows that. I'd rather err on the side of caution, in regards to trampling civil rights."

                    WHAT? you would rather err on the side of caution, yet you then go on to say.

                    "The party in power doesn't decide what is/isn't Constitutional. The Constitution does."

                    You are being the definition of hypocritical.

                    Currently DOMA is the law and the DOJ is required to uphold the law, until it is overturned by the supreme court. Just like they are doing with ObamaCare, most of us agree that DOMA is unconstitutional but not everybody, just like lots and lots of people think ObamaCare is one way or the other.

                    I HATE OBAMACARE and but yet I know the DOJ HAS to defend it and should be defending it. and that is what makes me not a hypocrite.

                    • 1 vote
                    #2.98 - Thu May 31, 2012 2:03 PM EDT

                    IndieParty,

                    I have yet to see anyone demand that a church perform the ceremony... and I would be the first to stand up for the right of the church to deny service to anyone.

                    The only thing I have seen along that line was the lesbian woman who was offended that the chruch wouldn't allow her to have communion at her Mother's funeral. Even though she was informed of this prior to the service. Kind of a dirt road, but the same prinicple involved.

                      #2.99 - Thu May 31, 2012 2:04 PM EDT

                      Tod,

                      How does, "Their Creator", equal "Your God". I know who I believe my Creator was, and I'm guessing you believe yours was something/someone else.

                      That's why they didn't say "Endowed by our Judeo-Christian God". It' ambiguous, and NO WHERE, NO WHERE, in our Constitution does it mention anything about any Creator or God.

                      BUT, it does say this...

                      "Congress shall make no law respecting an establishment of religion, or prohibiting the free practice thereof..."

                      Which means, I'm free from what your God, or ANYONE's God, "says".

                      • 6 votes
                      #2.100 - Thu May 31, 2012 2:05 PM EDT

                      lola007

                      The US is determined to go the route of Sparta, of Rome and the Greeks......become the strongest, then turn lazy and immoral and fall to another country.

                      Yes... NOW we are turning "immoral" and will fall to another country.

                      Not when we first arrived and committed genocide on an entire indigenous population, massacring millions of innocent women and children... and basking in the glory of their blood, only to celebrate the perpetrator as a hero.

                      Not when we decided to burn women alive, at the stake, because of a "witch" rumor... laughing at her screams of torment, and feeling validated in the embrace of a Christian religion that allowed this.

                      Not when we enslaved our fellow man, ripping him from his home and forcing him to work as our slave. Torturing these men on a daily basis while we raped their wives and children, simply because of the color of their skin. Once again, feeling validated and self-righteous in the comfort of a Christian religion that supported this behavior.

                      No, no, no... all THAT was perfectly fine. But now... NOW we are being "immoral". NOW, as we consider allowing two people to sign a government contract dealing with legal rights, now THAT is where you draw the line. Death, slaughter, genocide, torture, slavery... all perfectly fine, in your eyes. But allowing two people to sign a contract... an "immoral" sign of the end.

                      Are you f***ing serious? Can you even hear yourself talk?

                      All you need to do is go read a history book

                      Yes... go read a GOD DAMN history book.

                      • 7 votes
                      #2.101 - Thu May 31, 2012 2:07 PM EDT

                      I'm going to repost this because it bears repeating.

                      Back during and before the Civil War fundamentalists and evangelicals used scripture from the Bible to justify slavery. It's in there and according to the book of Leviticus it is okay to own and beat slaves. They justified owning black people by saying that the color of their skin was the "mark of Cain".

                      During and before women's sufferage fundamentalists and evangelicals used scripture from the Bible to justify making women second class citizens and denying them equal rights to men, including the right to vote. Even today certain sects still use scripture to try and make all women subserviant to men. After all there are a dozen or more passages that lay out unambiguously how women are inferior to men and should be subserviant to them, even though Jesus himself made it clear that in his eyes and the eyes of Heaven all are equal.

                      During prohibition fundamentalists and evangelicals used scripture from the Bible to justify changing secular law to make alcohol illegal, citing verses that state the sin of drunkenness. They tried, successfully, to make lawmakers think that alcohol was at the root of criminality and that by prohibiting it crime would disappear in the country overnight. Might I note that Jesus not only drank alcohol, but his first miracle was to turn water into wine.

                      Notice how all three of these instances in our nation's history turned out. Contemplate the historical outcomes of the previous examples and whether or not fundamentalists and evangelicals were really pragmatically right, or even morally right in their positions. Think about the kind of impact these positions had on the lives of countless people. Now, whether you agree with my sentiments or not, consider my next words very carefully: the gay rights issue is next.

                      • 7 votes
                      #2.102 - Thu May 31, 2012 2:08 PM EDT

                      Sarah, I agree with your 2.100 post completely.

                      I will say that while I don't believe in God, most of our founders were Christians and infused our country with lots of those beliefs.

                      • 1 vote
                      #2.103 - Thu May 31, 2012 2:10 PM EDT

                      Tom,

                      Oh my God...

                      I would only be hypocritical, if I thought BOTH of them were Unconstitutional, but WANTED ONE of them to be upheld, and the other not to be.

                      That's not the case. I want the Unconstitutional one NOT upheld, and the Constitutional one UPHELD. I believe it's the DOJ's job to uphold LEGAL, CONSTITUTIONAL laws (ACA) and NOT uphold UNCONSTITUTIONAL, ILLEGAL laws (DOMA). Ergo, I would be hypocritcal, only if I thought both were unconstitutional, but wanted ONE upheld.

                      I don't get why that's hard for you to understand.

                      • 3 votes
                      #2.104 - Thu May 31, 2012 2:11 PM EDT

                      TX

                      The only thing I have seen along that line was the lesbian woman who was offended that the chruch wouldn't allow her to have communion at her Mother's funeral.

                      Yes, I saw that.

                      Although I agree that it was within the right of the church to do so... my thoughts are that it was just a plain D*** move. I mean, it was her mother's funeral and they are going to be a complete a**hole like that?

                      But like I said, they have the right to do so... the hypocrisy of a child raping church doing that is another topic, but they do have the right.

                      • 3 votes
                      #2.105 - Thu May 31, 2012 2:11 PM EDT

                      Indie,

                      I do totally agree, BUT it is an example of what we are discussing. One could say, "It is our wedding and your going to be an a**hole???

                        #2.106 - Thu May 31, 2012 2:20 PM EDT

                        @Tod, the Bible was written by men and an interpretation of God's will.

                        As a said before, nobody can speak for God nobody.

                        • 1 vote
                        #2.107 - Thu May 31, 2012 2:29 PM EDT

                        BTW, there are so many of you that I wish your parents would have been homosexual.

                        floyd-335513, you are suspended for a week for violating rule # 1 of the Code of Honor.

                        Above all else, respect others. Address issues and arguments and refrain from making personal attacks.

                        • 1 vote
                        #2.108 - Thu May 31, 2012 2:29 PM EDT

                        The bottom line, to gay marriage, always has been the financial end of it. A man who marries a man wants that mans Social Security and pension when he up and dies. How cool! Now we know SS will go broke at twice the speed. I always thought Procreation was the natural order of things. I can't figure out why people can't see that being physically attracted to the same sex is a birth defect of some sort. How can a man look at another mans butt hole or dick and get turned on?!

                        Go a head and flame away. It's not alright to be anti-gay marriage only pro marriage so I expect to be bashed for my personal views on this subject. Have at it!!!!

                          #2.109 - Thu May 31, 2012 2:31 PM EDT

                          So the DOJ is not defending the laws passed by congress? Are you f'n kidding me, they don't have the POWER to decide that, that is for the judicial branch of the government.

                          Of course the DOJ has the power to decide which laws to defend. That's like saying that you don't have the right to not mount a defense if you were being. Don't confuse defense of the law (which the DOJ won't do) with enforcement of the law (which the DOJ continues to do).

                          • 3 votes
                          #2.110 - Thu May 31, 2012 2:31 PM EDT

                          well, i'll respond to you Brandon,

                          i've never read such, brainwashed, misguided rhetoric in my life. let me take this slow so you can follow. if you believe that God is omnipotent, then you must believe that He doesn't make mistakes. by your way of thinking, any person born anyway except absolutely perfect is a spawn of the devil. remember, children are born everyday with birth defects and illnesses. many, many children develop illnesses like autism after they are born. Are these children spawns of the devil, since well, God couldn't or wouldn't create something that isn't perfect? that sounds more like Hitler than God. or maybe, God being the consciousness of the universe and the author of all physical laws has allowed the universe to grow in its own way and what happens, happens. and He doesn't make mistakes, so a child who is born homosexual is just God allowing the universe to take its course, it's not a mistake.

                          now, if that doesn't resonate with you, let me try another avenue. Jesus, who was SUPPOSED to be the embodiment of God on earth, if that's what you believe, said something that you should seriously go back and read and try to understand. go the St. Matthew Chptr 22 and start reading at verse 34-40.see, i read the Bible AND i'm a liberal and i haven't been struck by lightning nor do i feel any burning under my feet. i'll give you a quick run down of what it says: the pharisees in order to tempt Jesus asked him "which is the great commandment in the law?" and Jesus answered, "Thou shalt love the Lord thy God with thy heart and with all thy soul and with all thy mind. this is the first and great commandment. and the second is like unto it, Thou shalt love thy neighbor as thyself. ON THESE TWO COMMANDMENTS HANG ALL THE LAW AND THE PROPHETS." now, it doesn't matter what some obscure prophet in some obscure book in the old testament said, it doesn't matter what Paul said, if you TRULY believe in the teaching of CHRIST then it is commanded to you to Love everyone and that means no judgement against those whose beliefs you don't agree with. JESUS, who let me reiterate was supposed to be God on earth, said "do not judge lest ye be judged." it is not your place to decide who is going to be condemned or not. Judgement is God's and God's alone.

                          Religion and churches and dogma were all created by humans. it was our way of understanding the universe around us and it has been going on for millions of years, long before men started following the ideal of a monotheistic religion. dogma was created by the hierarchy to keep the multitudes in line, to keep the peace and of course to feed their own need for power. most of the Bible is us justifying our actions against one another and laying the blame on God. a lot of the Bible is history with a spin on the side of the people who wrote it. case in point, the Muslims rewrote that portion of the Old Testament that satisfied their needs and created the Koran. the Mormons rewrote Christianity to suit their ideals. the protestants changed catholicism to suit their purpose. it goes on and on. The philosophy of the Bible is stated very clearly in what Jesus said above. if we all followed the Golden Rule, imagine what kind of world we would live in! we would realize the beauty and the harmony of the universe here. i wouldn't be having to try and explain to you why you're wrong. heck, this whole article and conversation would be unnecessary. but, we are human and we are fraught with human inequities that some of us are trying to live without in our journey to find the enlightenment that is God. we ALL know how to do this, we just, to use your word, CHOOSE not to.

                          i believe in God. but, i believe that God is not some guy sitting on a throne in some netherworld ready to strike us dead if we don't adhere to your particular form of religion. God describes himself as "the alpha and the omega. the beginning and the end." God only appears as forms of energy, once as a man who turns out to be an apparition. God is the consciousness of the universe, not a man, not human. the ideals that are set down in the bible are there to help us understand that in order for us to work in harmony with the rest of the universe, we must not put forth negative energy. everything in the universe works in harmony with everything else. everything moves towards the positive. negative feelings and actions works against this and therefore against God. if you truly believe in God, you must be willing to accept EVERYTHING that God has created.

                          • 3 votes
                          #2.111 - Thu May 31, 2012 2:32 PM EDT

                          Nice try Sarah,

                          Yes "todays interpretation" of God or religion is ambiguous. From your past posts I have no doubt that you are well versed in law, but you are either being disingenuous or ignorant concerning who our founding fathers were refering to when they said creator. Even Ben Franklin and Thomas Jefferson (openly non-Christian diests) refer to our country's foundations/ laws and continued success being linked to our Judeo-Christian God. Most of the other founding author's would curl your hair with their blatant, over-the-top Jesus talk. I actually think you know this.

                          I also think you know that our founding father's main religious concerns were that specific denominations (Christian) were not given preference or power in government the way the were in Europe. Agreed that that has morphed, but their origins are purpose were undeniable the exact opposite of what is today refferred to as seperation of church and state.

                          There is todays law and interprertation, and then there is the clear understanding of where our laws came from. You may not like it, and many are attempting to change them, but please don't pretend they were different than what they actually were.

                          • 1 vote
                          #2.112 - Thu May 31, 2012 2:33 PM EDT

                          The bottom line, to gay marriage, always has been the financial end of it. A man who marries a man wants that mans Social Security and pension when he up and dies. How cool! Now we know SS will go broke at twice the speed.

                          Let's look at this way. Let's say all those gay men decided that they will now marry women (and vice versa for lesbians). Wouldn't the SS funds be depleted at the same rate? What you seem to be saying is that this country is depending on having gays to whom benefits can be denied in order to control its budget.

                          • 6 votes
                          #2.113 - Thu May 31, 2012 2:37 PM EDT

                          Tod

                          (1) You still did not answer my question: How are the economic wins and money spent in small businesses, as PROVEN in states that legalized it, "silly"?

                          You mentioned a "benefit to society"... well money spent in the economy, particularly small businesses, is a benefit. How are those FACTS "silly"?

                          Government should support one form of marriage, the one that benefits the family.

                          (2) You still have not provided factual data that supports this argument... why should government support ANY marriage? And why should they support this one?

                          Where is the factual, measurable evidence that PROVES that society benefits from the government supporting this? I thought Republicans always say that the government screws up everything they touch... so why do you want them involved?

                          (3) Where are your protests against divorce? Where are you signs, your threats of hellfire, your TV commercials against it?

                          You seem to have a problem answering questions... what's wrong? Not man enough to answer? Too scared?

                            #2.114 - Thu May 31, 2012 2:44 PM EDT

                            Sarah,

                            "I would only be hypocritical, if I thought BOTH of them were Unconstitutional, but WANTED ONE of them to be upheld, and the other not to be."

                            Both Laws are currently constitutional. So you are deciding what laws should and shouldn't be upheld and neither you or I or the DOJ/President gets to decide that.

                            "I want the Unconstitutional one NOT upheld, and the Constitutional one UPHELD."

                            see above comment

                            "I believe it's the DOJ's job to uphold LEGAL, CONSTITUTIONAL laws "

                            see above comment

                            "Ergo, I would be hypocritcal, only if I thought both were unconstitutional, but wanted ONE upheld."

                            Ego, by definition you are being hypocritical.

                            "I don't get why that's hard for you to understand."

                            Really? You don't think others can see that if you like the Law (and think it is Constitutional) that you are OK with it being treated differently than if you don't like the Law (and think it is UN-Constitutional)


                              #2.115 - Thu May 31, 2012 2:45 PM EDT

                              Tod, our laws are not based in any Judeo-Christian beliefs, or any other religious beliefs. They are based on, among other things, English Common Law, and documents like the Magna Carta.

                              Art. 11. As the Government of the United States of America is not, in any sense, founded on the Christian religion

                              John Adams, Treaty of Tripoli, 1797

                              BTW, Tod, the "Creator" is mentioned in the Declaration of Independence, which is NOT the basis of our laws; it is merely the document which created us as a separate nation from England. The Constitution -- which IS the basis of all of our laws -- does not mention God, Jesus, the bible, or any other religious text or deity, for very good reasons.

                              • 3 votes
                              #2.116 - Thu May 31, 2012 2:51 PM EDT

                              So do most believe all of DOMA is UN-constitutional? or the part about Man and Woman or that states need not recognize such unions just because other states?

                              And if the Supreme court deems the man and woman part UN-constitutional and not the part about states not recognizing unions from other states, will that be enough for you?

                                #2.117 - Thu May 31, 2012 2:59 PM EDT

                                Thanks Erin fro clearing that up! I found created once in the Constitution and it was referring to elective office.

                                "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created....."

                                Tod-2791955 I think this is called a civics education failure on your part.

                                • 4 votes
                                #2.118 - Thu May 31, 2012 3:01 PM EDT

                                Tom,

                                Only if you believe that something is only Constitutional or Unconstitutional based on what the Government says. In which case, were Jim Crow laws Constitutional when they were being upheld? Just because a law in passed or enacted, or enforced, doesn't make it Constitutional. Whether it fits into the bounds of the Constitution does.

                                I don't LIKE ACA, I would LIKE a single payer system (AND I SAID THAT AD NAUSEUM IN THE LINK TO THE ARTICLE ABOUT ACA), but what I like or don't like doesn't deem something Unconstitutional, just like whether or not a law is enacted doesn't deem it Constitutional.

                                You said earlier that you thought DOMA was Unconstitutional, then in your last post, you state that it is currently Constitutional. It either is or it isn't. Nothing written in DOMA will change when the inevitable ruling overturning it occurs. It will have always either been Constitutional or not.

                                • 2 votes
                                #2.119 - Thu May 31, 2012 3:02 PM EDT

                                Tom,

                                Let's start with the basic civil rights involved here,

                                Loving v Virginia, which is applicable because the defense used by the state is the same used to justify the anti-equality case, and PSSST IT DIDN'T HOLD WATER...

                                Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival....

                                - The Supreme Court of the United States

                                Lawrence v Texas, which deals with our right to privacy, implied through the 4th and 9th Amendments...

                                The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual.

                                - The Supreme Court of the United States

                                On top of that, one could make a case regarding the 1st Amendment and the 14th Amendment, which could also encompass gender discrimination in contract law.

                                Continuing, the act of marriage essentially falls under contract law, it has never simply been between one man and one woman, and it predates organized religion. It shouldn't be confused with HOLY MATRIMONY, which is the religous sacrement or sanctifying, or spirituality that's been added over the years.

                                This is why the STATE issues the lisence, not the church. Why the court oversees divorces, not the church. And, why tons of people are married everyday, without stepping foot in a church. On top of that marriage comes with over 1000 benefits for those who enter into the contract.

                                That being said, for DOMA to be Constitutional, someone has to answer these questions...

                                Question #1-

                                So, if you can, please give me that LEGITIMATE STATE INTEREST, the court needed in Lawrence, which would enable the government to limit, at least the 14th, 4th and 9th Amendment rights of an entire group of people?

                                Question # 2 -

                                Since the only difference between a gay marriage and a straight marriage, is the gender of a single party, what is inherent to that single party's gender which would lead to bestiality, incest, polygamy, pedophilia, or marrying inanimate objects? Remember, you're ONLY changing ONE person's GENDER, so logically, it must be something within that one person's gender, which would lead you to believe gay marriage would open the door to any of those things, so... WHAT IS IT?

                                Question #3-

                                AND, since marriage is a legal contract, NOT TO BE CONFUSED WITH HOLY MATRIMONY, why then, does that one thing from the paragraph above, NOT ban those parties from ALL contract law?

                                • 3 votes
                                #2.120 - Thu May 31, 2012 3:08 PM EDT

                                Sarah, my opinion doesn't matter (I do believe it is UN-constitutional) but it is currently the law of the land and there is 2 ways about getting current laws changed, though elections and though the supreme court.

                                  #2.121 - Thu May 31, 2012 3:10 PM EDT

                                  The judicial branch is not supposed to have such power to do what ever they wish. Its all about checks and balance. The state can decide if they wish to accept gay marriage or not. Dont live in a pro gay state, then move to one and be happy there.

                                    #2.122 - Thu May 31, 2012 3:11 PM EDT

                                    I love when people use the slippery slope argument to try to argue against gay marriage.

                                    The slippery slope argument I hear, always goes something like this:
                                    "If we let gay people get married, what's to stop other groups from wanting to marriage rights (like polygamists, incest, etc.). If we gave one group rights, then we would have to give all groups rights."

                                    One of the many problems with this argument is that you would have to apply the same logic to opposite sex marriage. Giving heterosexual couples special rights for marriages makes other groups want get marriage rights as well. And if we give one group rights, then we should give all groups rights. I guess that means that we should eliminate heterosexual marriage, then, right? Or, does your logic ONLY apply when it's something you disagree with but not when it's something you agree with?

                                    I also love that some conservatives are hard up to talk about following the Constitution -- but that only apparently applies when it comes to what they agree with. Regardless of whether or not you agree with gay marriage, DoMA violates the constitution in several respects. If you actually cared about the Constitution, then you would apply it regardless of whether or not you agree with the issue at hand.

                                    • 6 votes
                                    #2.123 - Thu May 31, 2012 3:13 PM EDT

                                    j70141,

                                    That is an entirely different matter if you are talking about forcing funding for contraception. The Gov did not force the Church to change their beliefs they just said that if you want to run a business you have to follow the same rules as every other business does. Religiously run business want to be able to bring t heir religion into the politics of the work place, it does not work like that. Business and religion are two separate entities and when the Church crosses over into the other they are, within the confines of that business, subject to business laws that include laws that they are normally excluded from.

                                    For example they cannot not hire someone because they are Gay or because they are an Atheist. They cannot deny medical coverage based on their own belief system because the people working for them may not follow their religion and even some that do probably do not follow all of the stupid things they say you should do. I have known many, many, Christians that use contraception. I actually have yet to find even one Christian in my area in Arizona, nor anyone I know on Facebook or have on my IM programs, that has not used birth control or a condom at some point in their lives.

                                    Churches want to say that their rights of exemption are carried over into what ever they have a hand in but that is just not true. That is all that whole spat was saying. "Liberals" were not trying to change the Church they just wanted them to play by the same rules as every other business does.

                                    Why should Church-run businesses be special or get special treatment?

                                    • 4 votes
                                    #2.124 - Thu May 31, 2012 3:15 PM EDT

                                    Crossfit,

                                    Your position would have held water, in let's say 1860. Then we passed a little something called the 14th Amendment, which applied the Bill of Rights to the states, gave us equal protection under the law, and became a true Republic, ceaseing to allow states to vote on civil rights. It like, closed the last loophole. In fact, since the passing of the 14th Amendment, the 10th Amendment (or state's rights Amendment) has been pretty much null and void. In fact a case involving it, hasn't even come before SCOTUS since the '60's where they used it to try and uphold segregation.

                                    In case you don't know, they failed.

                                    • 5 votes
                                    #2.125 - Thu May 31, 2012 3:22 PM EDT

                                    You changed the subject, but I will bite, I believe Marriage is UN-Constitutional I don't think the Government should be involved in it at all, only there to enforce contracts.

                                    And by your argument if I want to get into a contract with 3 woman and 2 men it is my basic civil right?

                                      #2.126 - Thu May 31, 2012 3:39 PM EDT

                                      I have read many of these comments that have been made and am just astonished at some of them. 1 There is no such thing as Freedom FROM Religion in the Constitution it is Freedom OF Religion there for by that prevents the government of the United States from being the Leader of any religious sect. By not being able to be the leader of a religious sec the US Government would be unable to define religious matters (Who one marries, dates what religion they are, weather they believe in Jesus, Alla, Mohammad to name a few. The practice of religious marriage in fact Pre dates any law requiring a certificate of marriage so there is a problem with what is going on. Sara you are all about arguing that it is freedom From religion so thereby saying religion doesn't matter. You fail to point out in your argument that the basics of all laws come from religious belief. Here we have strict laws about murder but in say Pakistan it is perfectly legal to perform what is refer to as mercy killing of family member for dishonoring their families (a religious belief) so if we remove all hint's of religion from law then we become lawless. The 10 commandments are ingrained into our laws. Inevediably we will be the demise of ourselfs without a clear course to follow we will suffer. There is not a person alive that dosn't belive in something and there by could argue you are pushing your religon on us. Athism is a religon and has it's belifes, Scientoligy is a religon and has it's set of belifes so we will never have a governmen free from religon.

                                        #2.127 - Thu May 31, 2012 3:42 PM EDT

                                        We aren't Pakistan. We are America and we (the good ones at least) believe murder is bad....so is discrimination. Atheism is NOT a religion either...it's the lack of belief.

                                        • 3 votes
                                        #2.128 - Thu May 31, 2012 3:56 PM EDT

                                        You changed the subject, but I will bite, I believe Marriage is UN-Constitutional I don't think the Government should be involved in it at all, only there to enforce contracts.

                                        You realize that marriage is essentially a contract, right? How do you think inheritance and powers of attorney work?

                                        • 6 votes
                                        #2.129 - Thu May 31, 2012 3:56 PM EDT

                                        The 10 commandments are ingrained into our laws.

                                        Where's the criminal law for disrespecting your mother and father? I don't see any.

                                        I don't see any of the other items mentioned in Leviticus being outlawed either, like the consumption of fat and blood.

                                        • 7 votes
                                        #2.130 - Thu May 31, 2012 3:58 PM EDT

                                        I'd never want to marry another guy but --

                                        If a same-sex couple gets married, what business is it of mine? How does it affect my life? I'm really curious, because I feel really stupid not being able to find any correllations between their lives and mine.

                                        Let Americans live free - or don't.

                                        • 7 votes
                                        #2.131 - Thu May 31, 2012 4:03 PM EDT

                                        "render unto Caesar that which is Caesar's. render unto God that which is God's." Jesus was trying to tell us that there IS a difference between civil law and God's law and that we do need to abide by both. the laws set down in the constitution, state and local are based in this country on "Caesar's," meaning the civil laws of man. we make murder a crime, not because it is morally wrong although we may all agree to that premise, but because it denies the victim his/her civil right to live! let me give you a case in point that shows the difference. in california, several years ago, a man from one of the balkan countries, i think albania or afghanistan, killed his wife and some of his children because he thought his wife was cheating on him. his MORALITY gave him every right to kill her and his children because they were her seed, because she had shamed his family. he was, of course, arrested, tried and sent to prison for life. so, by your way of thinking, if only morality and religious belief should be the basis of all law, then whose morality should we go by? the majority? the party in power? the rich? the religious right? the religious left? Mine? you CANNOT, let me repeat that C-A-N-N-O-T legislate morality, because morality is SUBJECTIVE!!! that is why our laws are and must be decided on CIVIL liberties. just because in the past, since well, time immemorial man has based laws on religion, doesn't make it right! it makes it archaic. the constitution guarantees us equal protection under the law. we have the RIGHT to live our lives in peace and without fear. anyone who tries to take that from us commits a crime whether it is killing, stealing, etc.

                                        the universe, as i said before works in perfect harmony. think about it for a moment, everything on this planet works and lives in harmony with everything else. even the storms that ravage the land allow new growth and life afterwards. volcanoes create fertile land. fires rid the land of the old and dry allowing for new, plentiful life. animals live in harmony with the planet, listening to the signals that nature gives them, each level of life giving life to another. the only aspect of our planet that is not in harmony with everything else is US. you gotta wonder why we are here, maybe on purpose to see whether we could learn to accept our part in the universe and live in harmony, maybe it was just dumb, bad luck of this beautiful planet that it gave rise to such a destructive force. Man is not inherently evil, he is just inherently ignorant and stubborn. the truth is right in front of us, but as Jesus said, 'you have eyes, yet you cannot see. you have ears, but you will not listen.' the american indians, although no better than anyone else, at least understood that harmony with the earth was necessary to their continued existence. when will we learn, that tolerance, altruism and working with nature instead of against it will ensure OUR existence? We CAN do this. Morally, we need to let each man/woman to live their lives as they choose as long as they are not infringing upon the freedom of others-that's called tolerance. you don't have to agree with it, but you have to have respect for it. and if you believe someone is going to burn in hell, well, so what? you have that right, but you don't have the right to make their lives unhappy just to satisfy your beliefs. we CAN live in harmony with nature. there are ways RIGHT NOW that we can raise enough food to feed the world and not suck up all the water, or poison it the way we are right now. we CAN provide energy without poisoning our air. we can live along wild animals by giving them the right to their own spaces. We CAN do this, but there are those in whom greed and arrogance are the driving forces. unfortunately, most of them have a lot of money and the rest of them are as ignorant as a piece of wood. Jesus gave us the answer 2000 years ago. Buddha said it 3000 years ago. the Koran states it. the Golden Rule. it is so easy to understand and give lip service to but, so impossible for most to live by. i live my life FREE from YOUR religion. i live my life with my OWN connection to God and you can't honestly say that you know or have any absolute proof that i am wrong, because YOU are not God. you don't speak for God, you speak for yourself and your proof is a book that is NOT regarded as absolute proof except by those who adhere to it. i could say the secrets of the universe are written in the latest edition of Betty Crocker's Cookbook. that doesn't make it true.

                                        • 3 votes
                                        #2.132 - Thu May 31, 2012 4:28 PM EDT

                                        Ok Indie,

                                        If I'm reading correctly, you want me to answer:

                                        1) Why not let government support gay marriage after all the 2% (actually 1% because it two people) who now will get married will infuse the wedding industry with money and boost our economy. Yeah, thats silly is the only answer ur gonna get.

                                        2) Where is your scientific evidence that male-female-children is the best form of family; aside from the obvious love between a person and their genetic offspring and the even more obvious fact that nature created it that way, studies have been done on children's development between 0-4yrs (most agree a crucial developmental period). Those studies point to the benefits of both a masculine figure (child tenses up and expects more roughousing, helping the muscular, reflexive and brain development) and a feminine touch (nurture, comfort affection).

                                        I have been teaching high school for 6 years, in those years I and my collegues have all noticed one common denominator in the students that struggle (generally speaking of course) fatherlessness, period! I am not blaming single moms, the ones I am in constant contact with are doing everything in their power to better the lives of their children, but there are serious issues stemming form the father' indifference.

                                        3) Why am I not holding up signs and screaming about divorce; cause I don't do that for any cause. I speak my mind when opportunity arises. I don't like divorce, it hurts kids! But I am more concerned about fathers checking out on their responsibilities and blaming their irresponsble parenting on their former spouses (or vice versa).

                                        Riddle me this indie;

                                        Why are those who believe as I do, as those who overwhelmingly passed DOMA do, as 1/2 the U.S. population does, as 1/2 of Europe does, as 95% of the rest of the world does, and as 99.9% of all human history has labeled by your ilke as out of touch bigots?

                                        Eric:

                                        "@Tod, the Bible was written by men and an interpretation of God's will.

                                        As a said before, nobody can speak for God nobody"

                                        Evidently "nobody" but you, it seems. You do see that don't you? You have declared that God is bound by your proclamation that He may not speak thru anyone, "nobody" right? Thus you alone have made yourself God's spokesman. Take it up with Him, cause it's not my fight.

                                        Think things thru Einstein

                                        • 2 votes
                                        #2.133 - Thu May 31, 2012 4:39 PM EDT

                                        And by your argument if I want to get into a contract with 3 woman and 2 men it is my basic civil right?

                                        If it is a civil right, then it is being denied to everyone (so it probably isn't a right). Therefore, you can't use the Equal Protection clause to argue for it.

                                        • 3 votes
                                        #2.134 - Thu May 31, 2012 4:52 PM EDT

                                        remember when most of the world thought the world was flat? Yea that was pretty interesting...

                                        • 4 votes
                                        #2.135 - Thu May 31, 2012 4:55 PM EDT

                                        Tod

                                        1) You asked for a societal benefit... I provided a measurable, fiscal and economic benefit. Now you tout that as "silly" for no other reason than you "think" it is. Regardless of how little you think it will affect the economy, that is actual money you are withholding from small businesses... thus, you are anti-business.

                                        2) You assume one can only love their genetic offspring... I have a feeling parents who adopt would argue. But that is your opinion.

                                        In reference to your comment that "nature created it that way"... where is your proof? In nature, animals routinely practice homosexual tendencies. In nature, some animals reject their young, while others have been seen to come in and "adopt" or take the place of the parent. Both of these FACTS suggest that homosexuality does occur in nature and that offspring can be cared for by non-genetic parents. That is what happens in NATURE... not a choice, a natural phenomenon. Thus, your comment about "nature created" is completely false.

                                        Furthermore, there is the mathematical analysis of the exponential growth capabilities of humans, matched with the finite size of the earth. It is not unrealistic to assume a natural buffer will occur, limiting the growth potential of a population to maintain the natural balance of things. This buffer would be humans who DO NOT procreate and add to the population problem, once again supporting the "natural" theory.

                                        What is your evidence that it is NOT natural? And I want evidence, not a 2000 year old book, written by nomads who believed the world was flat.

                                        3) So you don't hold signs like the rest of the hateful bigots... here's a cookie.

                                        To answer your question: Because history is FULL of people like YOU. People who used the Bible to defend genocide in the crusades. People who use the Bible to defend burning women alive. People who used the Bible to defend slavery. People who used the Bible to defend murder.

                                        The majority agreed with all of them... all of those people who performed those heinous acts had majority support. They were wrong then, filled with hate and bigotry... just as you are now.

                                        Unless, you believe they were all correct and should have been allowed to continue their slavery and killings... because the majority agreed with them, at the time.

                                        • 4 votes
                                        #2.136 - Thu May 31, 2012 5:08 PM EDT

                                        Travelinfotog: First of all, not all states require you to have auto insurance...in fact, even in California, you don't actually have to have insurance. You DO, however, need to post a bond to cover any damage, etc. that you might cause. Secondly, auto insurance and health insurance are apples and oranges....if someone doesn't have auto insurance, the taxpayers aren't put on the spot to pay their bills! When someone doesn' t have health insurance and go to an ER for some reason....and if they can't pay....guess who foots the bill through higher insurance premiums? See, apples and oranges! Personally, I'd rather my taxpayer money go for something different than paying some irresponsible person's medical because (1) they don't have insurance; (2) they are too irresponsible to buy it even when they can afford it; and (3) low-income individuals aren't given some assistance in purchasing low-cost health insurance!

                                        The problem is that most people today don't understand that the healthcare bill that we have will do more to HELP us than hinder us.....healthcare is going up and up, and the reason is because our money is going to pay for uninsured individuals.....why not allow them the option of purchasing low-cost health insurance so that OUR insurance premiums will go down? Why is that so difficult to understand?

                                        • 3 votes
                                        #2.137 - Thu May 31, 2012 5:13 PM EDT

                                        Indie,

                                        You sure do love to blather on non-sensically, But I really do only have a finite amount of time to waste.

                                        • 1 vote
                                        #2.138 - Thu May 31, 2012 5:29 PM EDT

                                        You have a right to hate, you have a right to disagree, but you do not have a right to inject your religious views into laws. Supporting religion in our laws makes you truly UNAMERICAN, and the real threat to our country. If you so choose to live somewhere and want you religion to rule, move to a country that does so.

                                        • 3 votes
                                        #2.139 - Thu May 31, 2012 6:45 PM EDT

                                        Gays and the NAMBLA hypocrisy

                                        All we seem to hear about these days from the gay community is 'civil rights' and 'discrimination'. Well this is quite hollow words when NAMBLA is their dirty little secret. NAMBLA is a GAY society, men whom have consentual sex with underage boys. The gay community should be NAMBLA's best friend, confidant and ally, they should be working hand in hand to change this societies sexual morals and laws to make the NAMBLA goal legal. This is exactly what the gay community did to attain their current status and now are demading their 'civil rights'. The gulible sheep of this society baaaa right along with them and believe everything they assert.

                                        At this point, however, any gay person will vociferously deny NAMBLA is a valid argument against the gay community and their forcing themselves on our society through legal means. This is the hypocrisy, the gays want to be seen as everyones' equal, and not be discriminated against, yet they discriminate against NAMBLA, their fellow gays who are just trying to do the same thing, have the same goals and desire the same acceptance. How can gays discriminate? They are hypocrites to discriminate against NAMBLA. This goes for any other form of gay 'lifestyle' that they abhor.

                                        My point in all this is, the gay community forcing themselves on our society is just as abhorrent to straight people who aren't 'gullible sheep' as NAMBLA is if they forced themselves on the gay community.

                                        We need to draw the line, marriage is for a man, and a woman. Let the gays have their 'civil rights' but designate it something else to preserve the dignity of men and women for millenia who have engaged in the union.

                                          #2.140 - Thu May 31, 2012 6:45 PM EDT

                                          Phil, NAMBLA is a pedophile organization, NOT a gay organization. The mainstream gay organizations disassociated from NAMBLA long ago. NAMBLA has since gone underground.

                                          And you do not own the word "marriage".

                                          • 6 votes
                                          #2.141 - Thu May 31, 2012 6:59 PM EDT

                                          Tod,

                                          You sure do love to blather on non-sensically, But I really do only have a finite amount of time to waste.

                                          The typical response from someone who has no factual evidence to back-up their position. What's wrong? Did my big words confuse you? I'll try to bring it down to high-school level next time.

                                          • 1 vote
                                          #2.142 - Thu May 31, 2012 7:25 PM EDT

                                          ErinNJ

                                          Phil, NAMBLA is a pedophile organization, NOT a gay organization. The mainstream gay organizations disassociated from NAMBLA long ago. NAMBLA has since gone underground.

                                          And you do not own the word "marriage".

                                          Neither do you!

                                          Here is part of the wikipedia article covering NAMBLA:

                                          NAMBLA has been defended by poet and rights advocate Allen Ginsberg[6][7] and gay rights activist Harry Hay

                                          NAMBLA's website states that it is a political, civil rights, and educational organization whose goal is to end "the extreme oppression of men and boys in mutually consensual relationships."[9] According to the NAMBLA, some of the organization's primary positions are:

                                          • Supporting and promoting man/boy relationships: they hold that when consensual these relationships are not harmful or child sexual abuse.[10] One study they cite is the controversial Rind et al. paper.[11]
                                          • Age-of-consent reform: what NAMBLA describes as "empowerment of youth in all areas, not just the sexual."

                                          Ok Erin, they want the same things that gay people do, and you should be supporting them hand and foot! Their goal is to 'feel good' just like the gays, and have legal standing to boot.

                                          The men involved are STILL gay!! The article I posted is STILL valid despite your response!

                                            #2.143 - Thu May 31, 2012 7:33 PM EDT

                                            This is a fair & just ruling. The 1st U.S. Circuit Court of Appeals has ruled that the federal government has no right to interfere with any state regarding the definition of marriage. I agree with that.

                                            Right now, 30 states have decided that marriage is between one man & one woman.

                                              #2.144 - Thu May 31, 2012 7:36 PM EDT

                                              Erin,

                                              The men involved may be pedophile, but it is gay pedophilia, that makes it still GAY. It also shows that you STILL are discriminatory against another group who wants 'civil rights' I don't care that the gay community has disassociated themselves, it is STILL a GAY issue.

                                                #2.145 - Thu May 31, 2012 7:37 PM EDT

                                                WRONG, Phil; pedophiles are attracted to the age, not the gender. They will prey on whichever sex is available.

                                                BTW, here is the rest of that Wikipedia article regarding the LGBT organizations' repudiation of NAMBLA:

                                                Relations with LGBT organizations

                                                The first documented opposition from LGBT organizations to NAMBLA occurred in the conference that organized the first gay march on Washington in 1979.[22]

                                                In 1980 a group called the "Lesbian Caucus – Lesbian & Gay Pride March Committee" distributed a hand-out urging women to split from the annual New York City Gay Pride March because the organizing committee had supposedly been dominated by NAMBLA and its supporters.[22] The next year, after some lesbians threatened to picket, the Cornell University gay group Gay PAC (Gay People at Cornell) rescinded its invitation to NAMBLA founder David Thorstad to be the keynote speaker at the annual May Gay Festival.[22] In the following years, gay rights groups attempted to block NAMBLA’s participation in gay pride parades, prompting leading gay rights figure Harry Hay to wear a sign proclaiming "NAMBLA walks with me" as he participated in a 1986 gay pride march in Los Angeles.[23]

                                                By the mid-1980s, NAMBLA was virtually alone in its positions and found itself politically isolated. Gay rights organizations, burdened by accusations of child recruitment and child abuse, had abandoned the radicalism of their early years and had "retreat[ed] from the idea of a more inclusive politics,"[24] opting instead to appeal more to the mainstream. Support for "groups perceived as being on the fringe of the gay community," such as NAMBLA, vanished in the process.[24]

                                                In 1994 the Gay & Lesbian Alliance Against Defamation (GLAAD) adopted a "Position Statement Regarding NAMBLA" saying GLAAD "deplores the North American Man Boy Love Association's (NAMBLA) goals, which include advocacy for sex between adult men and boys and the removal of legal protections for children. These goals constitute a form of child abuse and are repugnant to GLAAD." Also in 1994 the Board of Directors of the National Gay and Lesbian Task Force (NGLTF) adopted a resolution on NAMBLA that said: "NGLTF condemns all abuse of minors, both sexual and any other kind, perpetrated by adults. Accordingly, NGLTF condemns the organizational goals of NAMBLA and any other such organization."

                                                In 1994 NAMBLA, along with many members of the Gay Liberation Front participated in the "The Spirit of Stonewall" march which commenorated the 1969 Stonewall Riots.[25]

                                                In 1994, Pat Califia[26] argued that politics played an important role in the gay community's rejection of NAMBLA, however, Califia has since completely repudiated his earlier support for NAMBLA.

                                                http://en.wikipedia.org/wiki/Nambla#Relations_with_LGBT_organizations

                                                • 3 votes
                                                #2.146 - Thu May 31, 2012 7:42 PM EDT

                                                Take religious beliefs out of a conservative's motivation to argue against gay marriage, and the conservative would lose the argument.

                                                • 4 votes
                                                #2.147 - Thu May 31, 2012 7:53 PM EDT

                                                Tom,

                                                The answer to your polygamy question, and why gay marriage won't lead to it, is the fact that there is no answer to my question number two. When you can answer question number two, you can worry about polygamy.

                                                • 1 vote
                                                #2.148 - Thu May 31, 2012 8:14 PM EDT

                                                Sarah states:

                                                The act of marriage essentially falls under contract law...

                                                This is why the STATE issues the lisence, not the church. Why the court oversees divorces, not the church. And, why tons of people are married everyday, without stepping foot in a church. On top of that marriage comes with over 1000 benefits for those who enter into the contract.

                                                Sarah is correct. It is a contract regulated by the various states. It is not a realm of the Federal government.

                                                9 states have decided the marriage contract comes with community property rules. It is not the role of the federal government to interfere with those states definition of marriage.

                                                30 states have decided that marriage is a contract between one man and one woman. It is not the role of the federal government to interfere with those states definition of marriage.

                                                  #2.149 - Thu May 31, 2012 8:37 PM EDT

                                                  ErinNJ

                                                  WRONG, Phil; pedophiles are attracted to the age, not the gender. They will prey on whichever sex is available.

                                                  Ok, so how does this remove the 'discrimination'? You ARE discriminating! You have no basis to claim 'civil rights' when you openly discriminate against another organization of a 'moral' nature. And this is all it is, pedophiles are 'moral criminals' like gays used to be. The gay community politically manipulated the laws and got their moral standing whitewashed. Calling the pedophiles worse than gay is like the pot calling the kettle black! All the pedophiles need to do is change the laws, like the gays did. Remember Rome?? They had pedophiles commonplace. You should be encouraging all the pedophiles to 'come out of the closet' and join the world! YOU DID!

                                                    #2.150 - Thu May 31, 2012 9:01 PM EDT

                                                    Phil, gays were never "criminals," since homosexuality has always been legal in the US.

                                                    BTW, Phil, I'm a straight, married woman who supports equality -- but how like an ignorant bigot to ASSume I'm gay because I support their cause.

                                                    One more thing: same-sex marriage was legal in ancient Rome -- until Christianity took over. The empire also fell after Christianity stepped in.

                                                    • 4 votes
                                                    #2.151 - Thu May 31, 2012 9:29 PM EDT

                                                    On the topic of the non-enforcement of DOMA here's a thought

                                                    By not enforcing it doesn't that essentially serve to kick the can down the road and let someone else deal with it? I can only imagine if the DOJ were to attempt to strike down a state law allowing gay marriage that state would inevitably sue the national government forcing the Supreme Court's hand and create a situation where they had to make a final decision on its constitutionality or not.

                                                    Essentially by not enforcing DOMA or striking it down the government is agreeing in it's implicit legality regardless of whether it is constitutional or not.

                                                    Well Sarah what's your opinion?

                                                    Anyone else feel free to comment too, I'm more than open to troll responses.

                                                      #2.152 - Thu May 31, 2012 10:01 PM EDT

                                                      JustRad, the President and Attorney General have explicitly said that they would not continue to defend DOMA, but that until it is repealed or overturned, they will enforce it. They are two different things.

                                                      • 6 votes
                                                      #2.153 - Thu May 31, 2012 10:15 PM EDT

                                                      I don't see how that's not kicking the can down the road. That just speaks to me of dodging the issue.

                                                        #2.154 - Thu May 31, 2012 10:28 PM EDT

                                                        JustRad ~ What the 1st U.S. Circuit Court of Appeals has said is that this is not an issue for the federal government. This is an issue for the individual states. States rights are protected by the 10th amendment, and as Sarah has stated, it has always been the various states that have issued a marriage license, never the church, never the federal government.

                                                        In Tennessee, for example, the State Constitution defines marriage as between one man and one woman. This was decided by a vote of the people - 81% of the voters decided that this is the way Tennesseans want things. The 1st U.S. Circuit Court of Appeals agrees that the federal government cannot butt into the affairs of contractual agreements as determined by Tennessee, or any other state.

                                                        This is a good decision.

                                                        • 1 vote
                                                        #2.155 - Thu May 31, 2012 11:22 PM EDT

                                                        9 states have decided the marriage contract comes with community property rules. It is not the role of the federal government to interfere with those states definition of marriage.

                                                        30 states have decided that marriage is a contract between one man and one woman. It is not the role of the federal government to interfere with those states definition of marriage.

                                                        Except for one small problem. I'll use my sister and brother-in-law as examples. They got married in Illinois. And now live in New York. They file their state tax forms as "married." And they can because New York recognizes the proceedings that occurred in Illinois. If it had happened the other way around, where my sister and brother-in-law got married in New York and then moved to Illinois, they would file their taxes as "married" because Illinois recognizes the marriage. But New York has marriage equality, now. And if my brother-in-law were a woman, Illinois would not recognize their marriage. Thus violating the Constitution - Article IV, Section 1 - Full Faith and Credit shall be given in each State to the public Acts, Records and judicial Proceedings of every other State. So by leaving marriage to the States, a couple married in one State could find themselves un-married because they moved to a State that doesn't recognize their marriage.

                                                        • 4 votes
                                                        #2.156 - Thu May 31, 2012 11:55 PM EDT

                                                        I'll give another example, Thomas. Joe gets a Real Estate License in Tennessee. He is licensed and authorized to deal in real estate in Tennessee.

                                                        Joe moves to California. Joe now finds himself unlicensed and unable to conduct real estate business in California. Now he has to get a California real estate license.

                                                        By leaving real estate licensing to the States, a realtor in one state could find themselves not a realtor because they moved to a State that doesn't recognize his license.

                                                        Actually, this is the case. And it is constitutional, because the federal government is not in charge of licensing real estate agents. Nor should they be.

                                                          #2.157 - Fri Jun 1, 2012 12:05 AM EDT

                                                          Real estate is a specious argument. The point is that as of right now any legal hetero-sexual marriage performed in one State, is automatically accepted in every other and is given Federal benefits. Full Faith and Credit. But, because of the sex/gender of one (or both, if you will) of the participants, some States will not recognize the legal marriages performed in another State, nor does the Federal Government. Lack of Full Faith and Credit.

                                                          Your argument would hold up if "Bob" and "Lisa" (a hypothetical couple) got married in Massachusetts and then moved to Tennessee, where they then had to register for a marriage license from Montana. If they lived in Texas for 10 years and now have been in Montana for 2, how long have they been married? Because they never had to get a marriage license in Tennessee, because Tennessee accepted the marriage license from Massachusetts, they would still be listed as being married for 12 years. If Bob now dies of a heart-attack, Lisa will get widow's benefits from Social Security because they have been married for more than 10 years.

                                                          Now, let's change our couple from "Bob" and "Lisa" to "Beth" and "Lisa". Still all the other parameters apply. When they moved to Tennessee, they ceased to be married. The IRS never recognized their marriage. Widow's benefits? Never existed.

                                                          The Federal Government may not be in direct charge of State marriage licenses, but by the IRS acknowledging them (married, filing jointly; married, filing separately), and by the Constitution's requirement of Full Faith and Credit, the Fed's are involved in marriage. And the reason why your real estate license doesn't carry like a marriage license is because a real estate license is not a judicial proceeding like a marriage license. Marriage, as registered with a State, (because they can be done by Justices of the Peace - i.e. a type of judge) is a judicial proceeding.

                                                          States recognize birth certificates, death certificates, marriage licenses, legal name changes, driver's licenses, etc. of other States because they are public Acts, Records, and judicial Proceedings and the Full Faith and Credit clause requires it.

                                                          • 4 votes
                                                          #2.158 - Fri Jun 1, 2012 1:05 AM EDT

                                                          The 1st U.S. Circuit Court of Appeals could have said that DOMA was illegal because it violated the civil rights of the people involved.

                                                          That didn't happen. DOMA was declared illegal because it violated the rights of the states under the 10th amendment. It is only the states that can define marriage, not the federal government, according to the ruling issued.

                                                            #2.159 - Fri Jun 1, 2012 7:42 AM EDT

                                                            Thomas, the supreme court has already ruled that a court judgment issued in one state is not enforceable in another, where the other state has a different legal standard. McElmoyle v. Cohen

                                                              #2.160 - Fri Jun 1, 2012 7:53 AM EDT

                                                              Freedman,

                                                              You forgot one very big point... It IS the job of the federal government to ensure equal protection under the law. That's why the 14th Amendment is in the U.S. Constitution, ensuring that civil rights AREN'T left for the states to decide.

                                                              The government, both states and federal, are contradicting themselves left and right, because everyone knows DOMA is Unconstitutional, but no one wants to deal with it.

                                                              • 1 vote
                                                              #2.161 - Fri Jun 1, 2012 11:07 AM EDT

                                                              Sarah, maybe it is unconstitutional. The 1st U.S. Circuit Court of Appeals certainly thinks so, but not on the basis you put forth. This is clearly a ruling in favour of the 10th Amendment.

                                                                #2.162 - Fri Jun 1, 2012 11:57 AM EDT

                                                                Sorry, freedman1, but when it comes to marriage, Loving v Virginia basically made marriage a "full faith and credit" rule with NO restrictions.

                                                                As for McElmoyle, if you read it, it says that the judgement was enforceable, however, the State of Georgia had a Statute of Limitations on enforcement, and that limitation had passed. The judgement was valid, just no longer enforceable by the State. Marriage licenses are for lifetime or until dissolution (divorce) or the death of one of the parties. Therefore, there is no Statute of Limitations regarding enforcement. As such marriages are given full faith and credit.

                                                                  #2.163 - Fri Jun 1, 2012 12:36 PM EDT

                                                                  I did read it. The Georgia law trumped the South Dakota law. Not because the South Dakota law was invalid, but because the plaintiff was under the jurisdiction of Georgia.

                                                                  Look, there are a lot of legal issues involved. But this is a licensing issue, and this ruling says nothing about civil rights - it talks about the right of states as opposed to the federal government. Each state has the ability to define marriage, and the federal government has no right to define it in lieu of the states. That is the ruling in a nutshell.

                                                                  To date, 30 states have defined marriage as between one man and one woman. The federal government has never issued a marriage license, I don't think. That is the realm of the state, whether we are speaking about community property, or defining licensing eligibility. In Tennessee, by Constitutional Amendment, marriage is defined as between one man and one woman. The federal government has no ability to alter that definition within the borders of the state of Tennessee.

                                                                  I support the decision rendered by the 1st U.S. Circuit Court of Appeals

                                                                    #2.164 - Fri Jun 1, 2012 1:14 PM EDT

                                                                    Indieparty

                                                                    What is your evidence that it is NOT natural? And I want evidence, not a 2000 year old book, written by nomads who believed the world was flat.

                                                                    Does it matter how old the book is ? Its recorded history. WHat in the world do you think people might say in 2000 years from now ? That Hitler never existed, that the USA never had a constitution or a government, or that yourself and I never existed even if they could read these threads 2000 years from now. We would be just stupid human beings to those people 2000 years form now for whats in science books now. . What do you have to say about that ? Also the bible wasnt written by Nomads, so your just tossing out rhetoric and mindless Dogma. The bible already talked about The circle of the earth, also we already knew about hydrologic cycle. Its quite amazing what we already knew if you actually read and know everything about the bible.

                                                                    The earth is round!

                                                                    You may be surprised to learn that the Bible revealed that the earth is round. Job 26:10, Prov 8:27, Isaiah 40:22, Amos 9:6. Today, we chuckle at the people of the fifteenth century who feared sailing because they thought they would fall over the edge of the flat earth. Yet the Bible revealed the truth in 1000 B.C. 2500 years before man discovered it for himself!

                                                                    In various verses, the Bible says the earth is round and hangs in space. It took a long time for science to catch up and reach the same conclusions. Copernicus made the discovery in 1475. But the Bible always knew. Here are two related Bible verses that were written more than 2500 years ago, and more than 1000 years before Copernicus:

                                                                    "He sits enthroned above the circle of the earth..." (Isaiah 40:22,NIV). (By the way, the Hebrew language at that time did not have a word for "sphere," only for "circle.")

                                                                    "He spreads out the northern [skies] over empty space; he suspends the earth over nothing" (Job 26:7, NIV).

                                                                    "Paths of the sea" Matthew Maury (1806-1873) is considered the father of oceanography. He was bed-ridden during a serious illness and asked his son to read a portion of the Bible to him. While listening, he noticed the expression "paths of the sea" in Psalms 8:8. Upon his recovery, Maury took God at his word and went looking for these paths. We are indebted to his discovery of the warm and cold continental currents.

                                                                    His book on oceanography is still considered a basic text on the subject and is still used in universities. Maury used the Bible as a
                                                                    2. The Bible described the Hydrologic Cycle:

                                                                    Revealed in the Bible: Job 36:27-28 The water cycle was not fully understood until about 30 B.C. by a Roman engineer named Marcus Vitruvius. Yet every aspect of the water cycle was fully revealed to mankind in 1600 B.C.! The Bible's description is in perfect harmony with modern science. Eccl 1:6-7; 11:3; Job 26:8; Amos 9:6. Vitruvius was 1600 years too late!

                                                                    In various passages, the Bible describes a hydrologic cycle, the process by which clouds are formed, rain is produced and ground water is replenished. Science made the same discovery in the 1600s, long after the Bible passages were written. Here are the related Bible verses:

                                                                    "He wraps up the waters in his clouds, yet the clouds do not burst under their weight" (Job 26:8, NIV).

                                                                    "He draws up the drops of water, which distill as rain to the streams; the clouds pour down their moisture and abundant showers fall on mankind" (Job 36:27-28, NIV).

                                                                    "The wind blows to the south and turns to the north; round and round it goes, ever returning on its course. All streams flow into the sea, yet the sea is never full. To the place the streams come from, there they return again" (Ecclesiastes 1:6-7, NIV).

                                                                    3. The Bible stated that the stars cannot be counted: For centuries, scientists and astronomers thought they could count the precise number of stars in the universe. Brahe, for example, said there were 777. Kepler claimed the total was 1,005. Hipparchus said there were 1,022 stars. Ptolemy raised the number to 1,056. Eventually, scientists, including the great Galileo, concluded that the stars could not be numbered, just as the Bible had always claimed:

                                                                    "I will make the descendants of David my servant and the Levites who minister before me as countless as the stars of the sky and as measureless as the sand on the seashore" (Jeremiah 33:22, NIV).

                                                                    He took him outside and said, "Look up at the heavens and count the stars--if indeed you can count them." Then he said to him, "So shall your offspring be." (Genesis 15:5, NIV).

                                                                    4. The Bible stated the existence of valleys and springs in the seas: Only until the past few hundred years did people have the technology to discover that there are deep valleys and fresh water springs in the oceans. But the Bible always knew:

                                                                    "The valleys of the sea were exposed and the foundations of the earth laid bare at the rebuke of the Lord. . . " (2 Samuel 22:16, NIV).

                                                                    "In the six hundredth year of Noah's life, on the seventeenth day of the second month--on that day all the springs of the great deep burst forth, and the floodgates of the heavens were opened. " (Genesis 7:11, NIV).

                                                                    5. The Bible stated that kind words and laughter are good for one's health: In recent years, American newspapers have published various reports that laughter releases chemicals within a person's body that can contribute to one's health. And, that depression and stress can weaken the immune system and contribute to various health problems. But, the Bible knew of the health virtues of laughter roughly 3000 years ago when the Bible's book of Proverbs was recorded:

                                                                    "Pleasant words are a honeycomb, sweet to the soul and healing to the bones." (Proverbs 16:24, NIV).

                                                                    "A cheerful heart is good medicine, but a crushed spirit dries up the bones." (Proverbs 17:22, NIV).

                                                                    6. The Bible stated that stars differ from one another centuries before scientists reached the same conclusion: Today we know that the stars in the skies are very different from one another, that they are made up of differing concentrations of different elements, and that they vary in their sizes, their ages and in their proximity to the earth. But the ancient people had no way to prove this. Even so, Paul, who received many insights from Jesus, wrote a passage about 2000 years ago in the Bible's book of 1 Corinthians that said that the stars in the heavens did indeed differ from one another:

                                                                    "The sun has one kind of splendor, the moon another and the stars another; and star differs from star in splendor." (1 Corinthians 15:41). God used "anesthesia" before it was even discovered:

                                                                    gen. 2:21, "so the Lord God caused the man to fall into a deep sleep ; and while he was sleeping, he took one of the man's ribs..."

                                                                    God commanded the hebrews to cleanse themselves with fresh water even before the discovery of bacteria(God is in the tomorrow already!)

                                                                    lev. 15:13, "...he must wash his clothes and bathe himself with fresh water, and he will be clean."

                                                                    I am a nurse, and if we have patients with contagious disease or condition we isolate them. but God commanded this a long time ago:

                                                                    lev. 13:46, "as long as he has the infection, he remains unclean. he must live alone . he must live outside the camp.

                                                                    why do health officials quarantine infectious individuals? so they won't spread infection. God knew it even before they did!

                                                                    The bible describes the precision of movement in the universe:

                                                                    jer. 31:35, "thus says the Lord, who gives the sun for a light by day, the ordinances of the moon and the stars for a light by night, who disturbs the sea and its waves roar..."

                                                                    The bible describes the circulation of atmosphere:

                                                                    ecc. 1:6, "the wind goes toward the south and turns around to the north, the wind whirls about continually and comes again on its circuit."

                                                                    The bible includes some principles of fluid dynamics:

                                                                    job 28:25, "to establish the weight for a wind and apportion the waters by measure."

                                                                    lev.17:11 describes the value of blood, "for the life of the flesh is in the blood..."

                                                                    The bible describes something like a television, probably a satellite TV that will allow everyone to see a single event:

                                                                    rev. 11:19, "...then those from the peoples, tribes, tongues and nations will see their dead bodies for three and one half days..."

                                                                    6 DAY CREATION...

                                                                    GOD WAS TAKING HIS TIME If a fair maiden kisses a frog which instantly changes into a handsome prince, we would call it a fairy tale. But if the change takes 40 million years, we call it evolution. We often hear that science has proved evolution. Nothing could be further from the truth. You see, people often confuse scientific fact with scientific theory. Current scientific theory does conflict with creation. But the facts of science do not! There are many scientists who fully accept Biblical creation. Surprised?

                                                                    The theory of evolution says that over millions of years simple life forms (one celled creatures) slowly evolved into complex life forms (fish), and that one kind of animal evolved into another kind (ape to man). Genesis, on the other hand, says that all life forms were created in six, 24 hour days. Genesis chapter one states 10 times that life forms can only reproduce after their own kind (ape to ape, man to man).

                                                                    All the observable facts of science strongly support the Bible's claim that it is impossible for one kind to reproduce a different kind. The truth is, there is absolutely no tangible evidence to support evolution from any area of science, just theory and a wild imagination!

                                                                    But if the Bible is wrong and man actually did evolve in small graduations over a long period of time, we should find ample fossil evidence of links in intermediate stages of transition. For decades, evolutionists have searched for fossils of these links to prove biblical creation wrong. Although millions of fossils have been unearthed, not even one missing link has ever been found. Has it ever occurred to you that this is the reason why scientists refer to them as missing links?

                                                                    Even Charles Darwin realized the difficulty missing links gave his theory. Darwin wrote in his book, Origin Of The Species, "Why, if species have descended from other species by fine graduation, do we not everywhere see innumerable transitional forms? Why is not all nature in confusion, instead of the species being, as we see them, well defined?" The reason we have never found any missing links is quite simple. Darwin's theory of evolution is wrong!

                                                                    Experts tricked for 40 years! In 1912, Arthur Woodward announced to the world that he had found the missing link between ape and man. Piltdown Man, as he called it, consisted of a jaw bone and a piece of skull which he estimated to be over 500,000 years old! However, in 1953, when the new fluoride dating process was applied to the bones, scientists were shocked to learn that the jaw bone was less than 50 years old.

                                                                    Only then did they notice that the bones and teeth had been treated with salts and filed to make them appear old and primitive. In other words, Piltdown Man was a complete fraud. Take note Bible student! The world's foremost scientific experts had been fooled for over 40 years! (Read 1 Corinthians 3:18-20.) For almost a half century, evolutionists pushed Piltdown Man in the faces of Bible believers as scientific proof we evolved from apes! Some proof!

                                                                    In spite of over 100 years of intensive searching, the only place you will find a missing link today is in the colourful imagination of an evolutionist. Museums certainly don't have any! "In the beginning God created the heavens and the earth." (Gen 1:1) Have you ever considered that when God created the universe in six short 24 hour days, He may have been taking His time?

                                                                    Although the Bible is not primarily a book of science, it does contain numerous scientific facts. We laugh at the scientific knowledge of just a hundred years ago. If man alone were the author of the Bible, we would expect to find many such humorous errors contained in it. However, if we examine the scientific data of the Bible and find it to be accurate to present-day knowledge, then we have powerful evidence for divine authorship.

                                                                    The scientific facts we are about to examine are not only accurate, but were revealed thousands of years before man discovered them for himself. The Bible does not contain any errors typical of the time in which it was written. Would we expect anything less from a book written by God?

                                                                    The Bible is a reliable book of genuine divine prophecy. You can trust it! The evidence presented here is just a tiny portion of the proofs available to establish the divine origin of the Bible. Yet, they are more than sufficient to prove the inspiration of the Bible. There will always be men who scoff at the Bible. You, however, can be confident when you read your Bible that God is the author, for it is written:

                                                                    "We constantly thank God that when you received from us the word of God's message, you accepted it not as the word of men, but for what it really is, the word of God" (1 Thessalonians 2:13).

                                                                    The Bible is the world's all-time best selling book. About 2.5 billion copies have been printed which are available in over 700 languages. Although the Bible has enjoyed such vast distribution and attention, it is read relatively little. Perhaps part of the reason the Bible is so neglected is the many doubts people have about this unique book. If the Bible came from the mouth of God, then the scriptures are believable when they speak of Jesus Christ and accurate when they touch the realm of science.

                                                                    All scripture is inspired by God and is profitable for teaching, for reproof, for correction, for training in righteousness; that the man of God may be adequate, equipped for every good work. (2 Timothy 3:16,17)

                                                                    The word "inspired" (theopneustos) in the original Greek language literally means "God-breathed". When the Bible claims to be inspired, we understand therefore, that it came from the mouth of God. It is God-breathed, inspired.

                                                                    But a skeptic will say, "Everyone knows the Bible was written by men! The book of 1 Corinthians, for example, was written by a man named Paul. After all, the very first verse bears his name as the "author." In reply to this we answer: "Yes, 1 Corinthians was written by Paul. Notice however, what Paul said in chapter 14, verse 37: "the things I write to you are the Lord's commandment."

                                                                    Paul knew the source of his writings and understood that he was like a pen in the hand of Almighty God. We must not view the Bible as the word of Paul, Peter, or Jeremiah, but rather, as the message God revealed through these men just as it is written in Jeremiah 1:9,

                                                                    Then the Lord stretched out his hand and touched my mouth, and the Lord said to me, 'behold, I have put my words in your mouth'.

                                                                    The Bible writers were not like news reporters giving their personal interpretation of events they eye-witnessed, but were divinely guided as 2 Peter 1:20-21 says,

                                                                    Above all, you must understand that no prophesy of scripture came about by the prophet's own interpretation. For prophecy never had its origin in the will of man, but men spoke from God as they were carried along by the Holy Spirit.

                                                                    God and man worked together in writing the scriptures. However, in this work, God is the author who dictated the message, and man is the writing instrument. Men were guided or inspired to write the exact message God wanted recorded in the Bible. Now that we have a fundamental understanding of inspiration and the origin of the Bible, let us look at some evidence of inspiration.

                                                                    "We constantly thank God that when you received from us the word of God's message, you accepted it not as the word of men, but for what it really is, the word of God" (1 Thessalonians 2:13).

                                                                      #2.165 - Fri Jun 1, 2012 2:26 PM EDT

                                                                      Freedman,

                                                                      The problem with your real estate argument is that the real estate license is not granted by the state. Marriage certificates are. The Full Faith and Credit section of the U.S. Constitution essentially states that any legal document granted by one state must be recognized by another. That would include marriage certificates GRANTED BY THE STATE. That would not include real estate licensing, as that is not granted by the state.

                                                                      So, even if we give states the right to decide on marriage, in keeping with the Full Faith and Credit clause of the U.S. Constitution, they would have to recognize legal marriages of other states. Them's the breaks. This is one of the many reasons why DoMA is unconstitutional.

                                                                        #2.166 - Fri Jun 1, 2012 2:30 PM EDT

                                                                        Sarah-3043284

                                                                        Freedman,

                                                                        You forgot one very big point... It IS the job of the federal government to ensure equal protection under the law. That's why the 14th Amendment is in the U.S. Constitution, ensuring that civil rights AREN'T left for the states to decide.

                                                                        The government, both states and federal, are contradicting themselves left and right, because everyone knows DOMA is Unconstitutional, but no one wants to deal with it.

                                                                        But its not the Judicial Branch that has the power to change laws by themself. They can deem what ever they want unconstitutional, but thats all they can do nothing more. States can still choose to not accept gay marriage. Its pretty simple, if your gay and want to marry, move to a state that allows it and live there.

                                                                          #2.167 - Fri Jun 1, 2012 2:30 PM EDT

                                                                          States cannot violate the US Constitution, Freedman. When the Supreme Court rules laws like DOMA unconstitutional (and they will), if states continue to deny gays the right to marry, they risk -- at the very least -- losing federal funding, among other things.

                                                                          • 2 votes
                                                                          #2.168 - Fri Jun 1, 2012 2:35 PM EDT

                                                                          allswell

                                                                          Wrong, kraussk. Marriage has not always been between one man and one woman, even in the bible you so strongly believe in.

                                                                          Try getting that through your bigotted head first.

                                                                          What are you referring to ? A man having more than one wife in the Old testament ? I think I would say that in Old Testament times having more than one wife was not ideal, but neither was it clearly defined or prohibited as sin. WHat types of marriage were you referring to ?

                                                                            #2.169 - Fri Jun 1, 2012 2:39 PM EDT

                                                                            Crossfit,

                                                                            Assuming that a state law against gay marriage doesn't violate the U.S. Constitution. Which is up for debate.

                                                                            But, as I pointed out immediately above your post, even if a state says that the gay couples can't marry within that state, the Full Faith and Credit clause will still force that state to recognize legal same-sex marriages of another state. That is why DoMA was created in the first place -- to try to stop that from happening. Only DoMA is unconstitutional -- for that and many other reasons. So, that's fine by me -- let the states say they won't marry same-sex couples. But, if they're going to follow the U.S. Constitution, they will still have to recognize gay couples who were married in another state.

                                                                              #2.170 - Fri Jun 1, 2012 2:44 PM EDT

                                                                              Also, Crossfit, while we're at it..

                                                                              I read some of your post about the Bible. Particularly the bit about evolution. All evidence points to evolution by natural selection. The theory of evolution is the most parsimonious explanation of evidence from biology, psychology, anthropology, sociology, etc, etc., etc. To deny the overwhelming evidence out there that supports it, suggests that you are someone more interested in searching out only what fits your beliefs, not facts.

                                                                              It's one thing to put your faith in your religion. And more power to you. But it's another thing to ignore scientific evidence merely because you find it inconsistent with your beliefs. Anyone who thinks like that is not interested in having a debate or learning anything. You're only interested in confirming what you already believe. Given that, I recommend that you go find a forum of people who will nod their head and agree with you, since you make it clear that is all you're searching for.

                                                                              • 2 votes
                                                                              #2.171 - Fri Jun 1, 2012 2:48 PM EDT

                                                                              Siobhan27 - Yes - real estate licenses are issued by the individual states. Who do you think issues them? The Federal government? A real estate license issued in California is not recognized in Tennessee. Some states have reciprocity agreements, some don't. But if you are a Tennessee broker, and move to California - it is as if you had no license at all - and you don't. It doesn't matter to California what you did or didn't do in Tennessee.

                                                                                #2.172 - Fri Jun 1, 2012 2:51 PM EDT

                                                                                ErinNJ - You're correct. States are subject to the constitution. So is the Fed. The court ruled the provision unconstitutional not because of any civil rights violation. They ruled it unconstitutional because the Fed has no power to dictate to the States the definition of marriage. Each state has that right by virtue of the 10th Amendment.

                                                                                  #2.173 - Fri Jun 1, 2012 2:58 PM EDT

                                                                                  Freedman,

                                                                                  Fair enough. I was under the impression that the state had rules as to what one had to do to receive real estate licensing, but did not itself grant the licenses. However, real estate licensing has nothing to do with rights of the state or rights granted by the state. It merely is a certificate that allows one to perform a job. On that basis, I would assume that real estate licenses do not fall under the Full Faith and Credit clause, where a marriage contract -- which includes a variety of rights granted by the states -- would. However, admittedly, I'm not a constitutional lawyer. But my reading of legal publications on the manner seem to suggest that DoMA was created specifically to try to get around the Full Faith and Credit clause, by essentially saying that "gay marriage is an exception to the clause." Thus, implying that marriage certificates would be covered by the clause, EXCEPT for the fact that they made this law. However, if DoMA is ruled unconstitutional, then I would assume the Full Faith and Credit Clause would still be in effect for covering marriage certificates.

                                                                                    #2.174 - Fri Jun 1, 2012 3:06 PM EDT

                                                                                    Every legal marriage is first granted a license by some state. Without a marriage license, you're not married. Without a law license, you cannot practice law. Each state determines the qualifications they deem necessary to grant any given license.

                                                                                    The problem with DoMA is attempted to take the definition of marriage away from the state. So if Vermont says two adult men are married, and issue them a marriage license, the Federal government has no right to overrule that. That is Vermont's business. At the same time, if Tennessee refuses to grant a marriage license because state requirements are not met, the Federal government has no right to overrule that. Each state is in control of their own licensing requirements.

                                                                                    Just because one obtains a law license in Texas does not mean that person can practice law in Kansas. Kansas does not recognize a Texas law license. You'd have to go to Kansas and meet their requirements in order to get a Kansas law license, then you could practice law in Kansas as well.

                                                                                    HUD requires a real estate agent to be involved in any transaction dealing with the sale of HUD properties. They have properties in every state. It is up to the state to determine who has and who has not met the qualifications to become a licensed real estate agent - not the Fed. If Montana says this woman is a qualified real estate agent, the HUD cannot refuse to let her be involved in the sale of Montana HUD property.

                                                                                    It's simple. Each state determines for themselves who gets any type of license. In Tennessee, only one man and one woman can be granted a marriage license. This is by the Constitution of the State of Tennessee, and the Fed has to accept Tennessee's licensing requirements, just as they do the licensing requirements for real estate agents and for attorneys.

                                                                                    The 1st U.S. Circuit Court of Appeals has made a good call. The federal government has no right to abridge the rights of the various states regarding licensing as it is protected by the 10th amendment.

                                                                                      #2.175 - Fri Jun 1, 2012 3:26 PM EDT

                                                                                      Freedman,

                                                                                      I don't know how to make this point any clearer. If the Full Faith and Credit clause applies to marriage licenses, which, since DoMA was created to purposely prevent the Full Faith and Credit clause from being applied to marriage licenses (implying that it would otherwise be applied to marriage licenses), than a state failing to recognize the marriage from another state would violate the U.S. Constitution.

                                                                                      I admit, that I don't know what would be the legal difference between a marriage certificate and a real estate license insofar as this clause. It may be how or who issues it (does a court issue real estate license?), but the implication is that the if it weren't for DoMA (which is unconstitional anyway) then marriage certificates would be protected under that clause.

                                                                                      In this case, then states could make their own laws as to whether or not they will grant the marriage license itself, however, they could not deny the marriage of a couple who moved there from another state -- because to do so would violate the U.S. Constitution. The end.

                                                                                      • 1 vote
                                                                                      #2.176 - Fri Jun 1, 2012 3:36 PM EDT

                                                                                      Siobhan27

                                                                                      Also, Crossfit, while we're at it..

                                                                                      I read some of your post about the Bible. Particularly the bit about evolution. All evidence points to evolution by natural selection. The theory of evolution is the most parsimonious explanation of evidence from biology, psychology, anthropology, sociology, etc, etc., etc. To deny the overwhelming evidence out there that supports it, suggests that you are someone more interested in searching out only what fits your beliefs, not facts.

                                                                                      It's one thing to put your faith in your religion. And more power to you. But it's another thing to ignore scientific evidence merely because you find it inconsistent with your beliefs. Anyone who thinks like that is not interested in having a debate or learning anything. You're only interested in confirming what you already believe. Given that, I recommend that you go find a forum of people who will nod their head and agree with you, since you make it clear that is all you're searching for.

                                                                                      Natural Selection is something we see and observe, I dont know any scientist who believe in God that would deny that. We see animals evolving to adapt to their environment all the time, but they are still the same animal. They have not changed into another type of species. That is where world view naturalistic science that is biased , assumptions, presumptions come into play. I have spent years reading the ongoing debate between both sides. Yet to this day have I seen evidence for molecules to man of evolution. You want to impress me, then give me a study that shows the exact steps of , first how anything came to be, as in how life started, ( please dont give me experiments done with chemicals and zapping them to make aminos or some type of life, because this is taking something that already exists, and using intelligence , scientists , to create something now ) how we evolved and gained ALL the information from simple to complex beings we are now. When you can do that, then you will have my attention.

                                                                                        #2.177 - Fri Jun 1, 2012 3:49 PM EDT

                                                                                        Siobhan27 - I respect your opinion, but you certainly don't have the authority to say 'The End.' The best you can do is say 'I hope this is how The End will be.'

                                                                                        In the meantime, whether it is a license to practice medicine, a license to practice law, a barber's license, or a marriage license - each is regulated and controlled however any individual state sees fit. To attempt to circumvent that would be a violation of the 10th Amendment to the US Constitution.

                                                                                        I think the 1st U.S. Circuit Court of Appeals has made the right call. They didn't call it on any type of civil rights - they didn't say it was unfair - they called it specifically on States Rights. Vermont has the right to allow homosexual marriage, and the fed has no authority to override that. Tennessee has the right to require marriage to be between one man and one woman - 30 states have already done just that - and the fed has no authority to override that.

                                                                                          #2.178 - Fri Jun 1, 2012 3:53 PM EDT

                                                                                          "the whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United States." - U.S. Supreme Court 1979

                                                                                            #2.179 - Fri Jun 1, 2012 4:26 PM EDT

                                                                                            'Congress did emphasize a related concern, based on the Hawaii Supreme Court's decision in Baehr, that state judges would impose same-sex marriage on unwilling states. H.R. Rep. No.104-664, at 5-6, 12, 16-17. But almost all states have readily amended constitutions, as well as elected judges, and can protect themselves against what their citizens may regard as overreaching.' ~ 1st U.S. Circuit Court of Appeals

                                                                                              #2.180 - Fri Jun 1, 2012 4:35 PM EDT

                                                                                              and the fed has no authority to override that.

                                                                                              The 14th Amendment would disagree with that sentiment.

                                                                                              Basically, by the writings of the Constitution, at some point in the (hopefully, very near) future, marriage equality will be the law of these United States. States had their anti-miscegenation laws, and they were voided - by the Feds (be it Congress or the Supremes).

                                                                                              However, in your example regarding Vermont, you are correct. The fed has no authority to override their allowance of marriage equality. Why? Because of the 14th Amendment - "...nor deny to any person within its jurisdiction the equal protection of the laws."

                                                                                              It's going to happen. The problem, is that we are supposedly "the Greatest Country on Earth", and yet we are so behind the eight-ball when it comes to freedom and equality for all of our citizenry.

                                                                                                #2.181 - Fri Jun 1, 2012 4:37 PM EDT

                                                                                                'In reaching our judgment, we do not rely upon the charge that DOMA's hidden but dominant purpose was hostility to homosexuality. The many legislators who supported DOMA acted from a variety of motives, one central and expressed aim being to preserve the heritage of marriage as traditionally defined over centuries of Western civilization. Preserving this institution is not the same as "mere moral disapproval of an excluded group," and that is singularly so in this case given the range of bipartisan support for the statute.' ~ 1st U.S. Circuit Court of Appeals

                                                                                                  #2.182 - Fri Jun 1, 2012 4:39 PM EDT

                                                                                                  Freedman,

                                                                                                  "The end" was in reference to me no longer debating this with you because you keep talking past me, not with me.

                                                                                                  But I will try one last time to spell it out.

                                                                                                  The Full Faith and Credit Clause is a part of the U.S. Constitution and says that acts, records and rulings of one state must be upheld by another.

                                                                                                  If a marriage license is considered part of the Full Faith and Credit Clause, then any state failing to recognize the marriage of another state would be violating the U.S. Constitution.

                                                                                                  The U.S. Constitution overrules state laws and constitutions.

                                                                                                  Therefore, states would have to recognize same-sex marriage of other states even if that state does not issue marriage licenses for same sex couples.

                                                                                                  This entire argument I am making hinges on whether or not marriage licenses fall under the Full Faith and Credit clause. The implication is that DoMA was spefically created to prevent gay marriage from being considered part of that clause. Thus, the implication is that without DoMA (an unconstitutional law in the first place), the Full Faith and Credit Clause in the U.S. Constitution would overrule state laws and force states to recognize same-sex marriage license of other states.

                                                                                                  Thus, your claim that states can make their own laws as to whether or not they will issue marriage licenses is true (insofar as the debate we are currently having). But, they would still have to recognize same-sex marriage licenses issued by another state.

                                                                                                    #2.183 - Fri Jun 1, 2012 4:52 PM EDT

                                                                                                    Crossfit,

                                                                                                    I have no desire to get in an evolution debate on a thread that is about something else entirely.. however, I will bite, but only for this one comment...

                                                                                                    We have observed speciation (insofar as a species taking part in assortive mating and no longer being capable of mating with the original species). Thus, that would be considered a new species. So, you're already just wrong.

                                                                                                    More importantly, all the evidence collected points to the Theory of Evolution by Natural Selection (including micro and macroevolution -- even if we pretended those terms weren't a false dichotomy anyway). Thus, the theory of evolution by natural selection is the most parsimonious theory which accounts for all the evidence. There is no evidence to disconfirm the theory of evolution and there is no more parsiminious theory. Given the wealth of evidence that supports this theory, the theory of evolution is broadly accepted in science as essentially fact.

                                                                                                    If you can provide a scientific theory that more parsimoniously explains the evidence, feel free to tell us all. And when you're done with that, I recommend going and trying to get that published. Because if such a theory existed, whoever came up with it who be celebrated as the next Darwin. So, let's hear it.

                                                                                                      #2.184 - Fri Jun 1, 2012 5:00 PM EDT

                                                                                                      Siobhan27 - Apparently the 1st U.S. Circuit Court of Appeals needs to become aware of that. You might take a peek at post #2.180 above, which is a quote from their ruling.

                                                                                                      Federal judges should be required to read newsvine before they hand down judicial opinions.

                                                                                                        #2.185 - Fri Jun 1, 2012 5:14 PM EDT

                                                                                                        Sio , no you give me your evidence, your the one making the claim.. As for micro and macro, it does need to be defined , evolution by itself is too broad. So im asking you what species are your referring to when you said , "we have seen it "

                                                                                                        The evidence you talk about is a lot of presumptions , assumptions, and bias, true this is off topic, but I need to know what species your talking about. Also I still stand by saying, where is the hard evidence for goo to you now evolution.

                                                                                                          #2.186 - Fri Jun 1, 2012 7:10 PM EDT

                                                                                                          What are you referring to ? A man having more than one wife in the Old testament ? I think I would say that in Old Testament times having more than one wife was not ideal, but neither was it clearly defined or prohibited as sin. WHat types of marriage were you referring to ?

                                                                                                          Marriage between a man and his slaves/concubines/brother's wives...

                                                                                                          What's more, the word homosexual did not exist in the time of the bible's crafting. Only the interpretation of flawed men reading flawed men claims it is.

                                                                                                          Finally, if you wish to claim any part of the Old Testament in your condemnation of homosexuality, you must also condemn every other sin in the Old Testament.

                                                                                                          • 1 vote
                                                                                                          #2.187 - Fri Jun 1, 2012 11:53 PM EDT

                                                                                                          Freedman,

                                                                                                          I don't know whether your intention was to mispresent that quote or not, but you are right the quote is from the Appeals Court ruling but once placed in context, you would see that those are not the rulings or positions of the Appeals Court. In fact, that quote is from a section in which the Appeals court is referring to other rulings in an effort to point out how those rulings are not relevant to their current ruling because the Court of Appeals is not addressing section 2 of DoMA (i.e. the section that deals with states not having to recognize other states' marriages). So, I'm not sure how your quote is relevant to my point.. which again, is that if all of DoMA gets ruled unconstitutional (which it should be), then there is nothing to stop the Full Faith and Credit clause from applying to all marriage licenses, thus meaning that states would have to recognize gay marriages granted in other states.

                                                                                                          Crossfit,

                                                                                                          In science, the way it works is that a well supported theory stands unless there is a sizable amount of evidence to disconfirm the theory (which, thus far, there is none to disconfirm the theory of evolution) or a more parsimonious theory arises. So, unless you have some evidence you're hiding away that disconfirms the theory of evolution or a more parsimonious theory, the theory of evolution will continue to be treated essentially as fact in the scientific community. So, in this instance, the proof is on you.

                                                                                                          As for speciation, it would literally take you seconds to google speciation and see the many instances already observed. I'm not going to sit here and start citing things for you only because, again, this is not a thread about evolution. You want to argue about it, start an argument with me elsewhere. But if you want a place to start, go look up Diane Dodd and fruit flies.

                                                                                                            #2.188 - Sat Jun 2, 2012 2:07 AM EDT

                                                                                                            Everything. One of evolutions favorite sites: has as its best examples of "speciation" fruit flies, spotted owls, and bacteria in a petri dish in a laboratory.

                                                                                                            After "10,000 generations" of fruit flies eating malt, they may "prefer" to mate with other fruit flies who eat malt, but the RESULTS found by Diane Dodd are INCONCLUSIVE:

                                                                                                            The strongest statement she has is: "ALTHOUGH WE CAN'T BE SURE, these preference differences PROBABLY existed because selection for using different food sources also affected certain genes involved in reproductive behavior. This is the SORT of result we'd expect, IF allopatric speciation were a typical mode of speciation" (Statement entirely verbatim, editing in all caps mine).

                                                                                                            This is BY NO MEANS CONCLUSIVE. I still see fruit flies, spotted owls, spotted owls, and bacteria in a petri dish. NONE of these has "speciated" into something capable of walking out of the laboratory.

                                                                                                            Where Christians have failed so miserably in the last couple of generations is allowing evolutionists to define the terms of the debate in the public square.

                                                                                                            What we now have is tenured "professors" in Colleges who are not only deluded into accepting evolution, but determined not to even offer any information in the classroom which might cast doubt upon THEIR religion. (Evolution).

                                                                                                            For example, polonium haloes, which are scientific evidence of a YOUNG earth:

                                                                                                            The truth is that all of the body of knowledge which YOU consider "evidence" for evolution, may be examined by OTHER scientists who might interpret it in a different light and consider the SAME evidence as evidence for Biblical Creation.

                                                                                                            “Dodd found that some reproductive isolation had occurred as a result of the geographic isolation and selection in the different environments: "maltose flies" preferred other "maltose flies," and "starch flies" preferred other "starch flies." Although, we can't be sure, these preference differences probably existed because selection for using different food sources also affected certain genes involved in reproductive behavior. This is the sort of result we'd expect, if allopatric speciation were a typical mode of speciation."

                                                                                                            They simply preferred to mate with other flies. This is no way relates to evolution or separating into a different species. Statements like “although we can’t be sure”, “probably” do help. They obviously have no proof that the genes were effected at all. If we are going to speculate, just like they did, could it not be that the chemical result in their bodies due to their diet altering the reference frame of their receptors causing them to prefer like flies. Lets also consider the word prefer. I could easily toss a coin 10 times and repeat the tossing it 10 times 3 time for 3 separate tests. Mathematically, I have a 50% chance of landing on either side however we all know that I will very rarely end up with 5 out of 10 times it landing on the heads side. So lets say I do this experiment 3 times and end up with it landing on the head side more often. Can I then say the coin prefers the heads side up and speculate aimlessly, with no evidence, as to why? Obviously no.

                                                                                                            Lets look at another example which evolutionists clamed evolution was happening in the natural world before our eyes.
                                                                                                            The peppered moth:
                                                                                                            “The "peppered moth" example is probably the best known, or most often cited proof of "evolution is action". As explained by Menton: "The Peppered moth (Biston betularia) is typically a whitish moth covered with black spots. This coloration provides an effective camouflage for the moths as they rest on certain Birch trees. Like humans, however, these moths can be found in a range of pigmentation from very black to very white and all shades in between. In a much touted study in England it was found that when the white trees, on which the moths rested, became dark from industrial pollution, birds ate more of the lighter moths (missing the darker ones). It came as no surprise that the population of darker moths increased while the lighter ones decreased. It was further observed (but rarely mentioned) that when cities cleaned up their air, the trees got lighter and the lighter moths again predominated." This is NATURAL SELECTION in action.
                                                                                                            The problem is that there is NO EVOLUTION occurring (no increase in complexity)! At the start of the story there are both light and dark colored moths present. At the end of the story there are both light and dark colored moths present. No new trait has been acquired. The only difference is a shift in the color distribution in the population.”
                                                                                                            With the introduction of genetics it was also found that the color of the moth was effected by the color of the surrounding environment during a certain stage of growth. The point also being that genetics more complicated that shuffling a deck of cards.

                                                                                                              #2.189 - Sat Jun 2, 2012 10:51 AM EDT

                                                                                                              Would you like an example of increased complexity? Here ya go...

                                                                                                              I commend your skepticism about certain studies and evidence -- as that is integral to science. However, I note that you are skeptical about that which you don't believe in (speciation), but not quite so skeptical about things you DO believe in (young earth theories). Young earth theories have little to no evidence to support them and what evidence is out there has been disconfirmed. However, there is overwhelming evidence that the earth is much older than 6,000 years old. So tell me, why are you so much more skeptical of one thing (which, while my example of fruit flies was admittedly a poor one given that it is somewhat controversial, there are plenty of other examples), but not skeptical or so quick to provide the mounds of evidence against what you believe in (young earth)? Could it be the confirmation bias?

                                                                                                              And, I'm sure you'll be wild to point out that I am not skeptical of theories I believe in, however I actually do work in evolutionary psychology. And I go out of my way to be skeptical of my own work (so that it will published), as well other work in my field. It's actually a part of my job.

                                                                                                              The truth is this: Evolution by natural selection is well supported by converging evidence from many areas within science, has not been disconfirmed, and is the most parsimonious theory out there. I even asked you to provide disconfirming evidence or a more parsimonious explanation, but so far, you have failed to do so. Again, I greatly encourage people to be skeptical of individual studies. And even be skeptical of the details of the theory of evolution. But, again, until someone can actually overturn the mounds of evidence supporting evolution, can provide disconfirming evidence or can provide a better explanation of all the evidence we have seen, anyone denying evolution by natural selection is likely more concerned about supporting their personal bias, and not so concerned about science or discovery.

                                                                                                                #2.190 - Sat Jun 2, 2012 1:31 PM EDT

                                                                                                                Sorry, my link didn't show up.. here is again an example of increasing complexity due to natural selection:

                                                                                                                  #2.191 - Sat Jun 2, 2012 1:36 PM EDT

                                                                                                                  Clearly, posting links eludes me on this site..

                                                                                                                  So, just google "Nature yeast multicellular" to read about a study that showed evidence of yeast evolving quickly from a single cell organism to a multicellular organism.

                                                                                                                    #2.192 - Sat Jun 2, 2012 2:22 PM EDT

                                                                                                                    You cant link perhaps due to being newer to posting im not sure. As for labeling young earth belief or theories is irrelevant in this point of evolution. As i stated above, there are no scientists whe are christians that can deny the mutation of a species to adapt to environment. We all see that, and to deny that would be a futile argument. What were talking about now, is non life , turning into simple life, and then it gaining so much complexity that those simple first life cells slowly evolved into what we are today as human beings.

                                                                                                                    I will go as far as agreeing that the theory of evolution of Goo to what you are now is what naturalistic main stream scientists have for their belief system to make every thing fit together, but I dont agree to them knowing 100 % for sure, and a step by step process of the beginning to now. Its something that they change every month it seems, as to how everything came to be in the beginning until now, but there just isnt anything there . When any scientist can show the entire process from simple cell to complex human beings, then we can end all of this debate.

                                                                                                                    as for your yeast

                                                                                                                    Scientific American: “Test Tube Yeast Evolve Multicellularity”

                                                                                                                    “Evolution in progress” said to show how easily multicellularity evolved

                                                                                                                    “Despite their modesty,” William Ratcliff and Michael Travisano’s “achievement has earned praise and admiration from evolutionary biologists around the world,” according to ScienceDaily.12 What have they done? According to Ratcliff, they don’t just answer questions about evolution in their lab: they “recreate it.”12 According to their work published January 16 in the Proceedings of the National Academy of Sciences, they have elucidated a way multicellular organisms could easily evolve from unicellular ones by evolving multicellular yeast in their lab. (We discussed Ratcliff’s announcement about their results last summer in News to Note, July 2, 2011.)

                                                                                                                    Evolutionists are convinced that multicellular life forms evolved from single-celled ones but cannot explain how single cells could unlearn the selfishness required for survival and learn to cooperate. “Traditional theories make this out to be a difficult transition because you have to somehow turn off selection on the individual cells and turn it on for the collective,” according to a German evolutionary biologist, but Travisano’s team, he said, demonstrated “these transitions can be super easy.”

                                                                                                                    Travisano and Ratcliff chose a variety of brewer’s yeast (Saccharomyces cerevisiae) that characteristically forms a snowflake-cluster of adherent cells when it reproduces. They demonstrated the yeast had this characteristic behavior before beginning the experiment. Some yeast and other microorganisms aggregate into biofilms, but with this particular variety “each cell was seen to give rise to a new snowflake-type cluster.”13

                                                                                                                    By then centrifuging the yeast each day and only keeping the large clusters that sank to the bottom, they artificially selected the best snowflake-formers to survive and reproduce. In two months, all the yeast “had evolved into snowflakes.”14

                                                                                                                    Travisano’s team said their newly evolved multicellular yeast then developed the capacity to behave like conventional multicellular organisms by developing “division of labor.” The required labor was apoptosis—cellular suicide of rows of cells. This coordinated cell death enabled the huge clusters to break into smaller clusters that reproduce more efficiently. Since single cells were sacrificing themselves for the good of the whole—analogous to “the split seen in more complex multicellular organisms, with body cells that die off every generation and germline cells (sperm and eggs) that carry over into the next one”14—the researchers believed their snowflakes had transitioned to genuine multicellularity.

                                                                                                                    Despite Ratcliff’s assertion that he has recreated evolution and demonstrated how easily multicellularity got off the evolutionary ground long ago, the fact is these yeast characteristically formed snowflake clusters before any selection pressure was applied to them. How could Ratcliff evolve something that already existed?

                                                                                                                    When driven to form a population of large snowflakes by selection pressure, these yeast were still the same snowflake-forming yeast they’d always been. And when those large snowflakes of yeast showed how they were able to cooperate and detach manageable-sized reproducing clusters, they were still just doing what other microorganisms do under similar circumstances. Coordinated cellular death—apoptosis—is not unique to multicellular organisms. Apoptosis is common in biofilms-cooperative communities of microorganisms like dental plaque and slime mold. Furthermore, apoptosis is already known to occur in brewer’s yeast.15

                                                                                                                    The “divide-and-stick”14 mechanism of multicellular evolution may have been instrumental for other organisms too, the researchers suggest. For instance, they write, “Choanoflagellates, the closest unicellular ancestor to animals, can form multicellular colonies through postdivision adhesion, raising the possibility that a similar step was instrumental in the evolution of animal multicellularity.” However, what they are really pointing out is that some other microorganisms also already have the capacity to form clusters of cells adherent to each other after division. That characteristic has not been demonstrated to lead to multicellular organisms of any new type but only reveals a characteristic of some microorganisms. No new ability is acquired and no new kind of organism is formed. Furthermore, the ancestral relationship to which the team refers is pure speculation and also violates the biblical principle that God created all kinds of organisms to reproduce within their created kinds.

                                                                                                                    No new kind of organism has evolved in Travisano’s lab. His team is merely reporting the results of two months of standard agricultural husbandry principles applied to yeast. Some evolutionary biologists have posed questions about the genetics underlying the results. Massachusetts evolutionary biologist Mansi Srivastava, for instance, commented, “What remains to be seen for me is how relevant is it to actual transitions to multicellularity” and “what the underlying genetic changes were.”16 Stony Brook biochemist Todd Miller likewise wonders if there were “any changes in expression of signaling genes after they selected the snowflakes.”16 That work may yet be forthcoming and might reveal a mechanism for variation within the created kind. But since the yeast were already proven to have the ability to do what they later did, they did not evolve into anything new, just fluffier yeast.

                                                                                                                    In the end your yeast is still just yeast, it didnt grow legs and become a dog or even gain the information to show such thing would or could happen.

                                                                                                                      #2.193 - Sat Jun 2, 2012 8:49 PM EDT

                                                                                                                      You said there is no evidence of increased complexity. I gave you an example of a single celled organism -- yeast -- that evolved to act like a multicellular organism. They go on to explain that this is not just single celled organisms that happened to be working together, but that the work shows evidence that the snowflakes are multicellular organisms:

                                                                                                                      Here is an excerpt about specifically that from the Scientific American article:"

                                                                                                                      So the researchers set out to determine whether artificial selection would act on the snowflake yeast as if they also were multicellular organisms. To test it, one batch of the multicellular yeast was allowed only five minutes to settle in a tube (representing a strong selection pressure), whereas another batch was given 25 minutes (a weaker selection pressure). After 35 generations, the yeast that were exposed to stronger selection evolved to have larger cluster sizes, whereas those in the weak selection group actually shrank in size. This indicated that each cluster of cells was evolving as one organism.

                                                                                                                      In addition, time-lapse photography (video below) revealed that, in order to reproduce, the multicellular yeast divides itself into branches that develop into the multicellular form as well. The daughter clusters did not create their own offspring until they had reached a similar size as their parents. The presence of this juvenile stage shows that the snowflake yeast had adopted a multicellular way of life, says William Ratcliff, a postdoctoral student in Travisano’s lab.

                                                                                                                      So the researchers set out to determine whether artificial selection would act on the snowflake yeast as if they also were multicellular organisms. To test it, one batch of the multicellular yeast was allowed only five minutes to settle in a tube (representing a strong selection pressure), whereas another batch was given 25 minutes (a weaker selection pressure). After 35 generations, the yeast that were exposed to stronger selection evolved to have larger cluster sizes, whereas those in the weak selection group actually shrank in size. This indicated that each cluster of cells was evolving as one organism.

                                                                                                                      In addition, time-lapse photography (video below) revealed that, in order to reproduce, the multicellular yeast divides itself into branches that develop into the multicellular form as well. The daughter clusters did not create their own offspring until they had reached a similar size as their parents. The presence of this juvenile stage shows that the snowflake yeast had adopted a multicellular way of life, says William Ratcliff, a postdoctoral student in Travisano’s lab."

                                                                                                                      New or not, isn't the point. The point is that a single celled organism, under selection pressure, will at least act as a multicellular organism. Thus, increasing in complexity. And I agree that the underlying genetic changes would need to be studied to confirm whether or not these things are truly becoming multi-cellular organism and not just single-celled organisms working together. However, this is evidence that an organism can evolve to become increasingly complex.

                                                                                                                      Also, I don't know if people who make comments like "a fish is not going to become a dog" or the like are being facetious, or just fundamentally don't understand the theory of evolution. Under no circumstances would the theory of evolution predict that a fish would suddenly grow legs and bark like a dog.

                                                                                                                        #2.194 - Sat Jun 2, 2012 9:41 PM EDT

                                                                                                                        sorry i wasnt more clear SIo on what I meant by gaining info. Im talking about information gaining as simple cells into human beings. yeast is still yeast, owls are still owls, fruit flies are still fruit flies

                                                                                                                          #2.195 - Sat Jun 2, 2012 10:56 PM EDT
                                                                                                                          Reply

                                                                                                                          yeah! alright!

                                                                                                                          • 22 votes
                                                                                                                          Reply#3 - Thu May 31, 2012 10:47 AM EDT

                                                                                                                          One of the few times I 'd say courts got it right!

                                                                                                                          • 17 votes
                                                                                                                          #3.1 - Thu May 31, 2012 11:11 AM EDT

                                                                                                                          This is just the beginning. There are already several such rulings waiting for the Supreme Court to get off their asses and take a stand on.

                                                                                                                          • 6 votes
                                                                                                                          #3.2 - Thu May 31, 2012 11:31 AM EDT

                                                                                                                          Does not the freedom of religion, spelled out in the constitution, imply freedom from religion?

                                                                                                                          I, also, believe that gay couples should have the opportunity to be just as miserable in marriage as are straight couples.

                                                                                                                          P.S. Who is the a'hole at msnbc that came up the the pain in the butt "older" and "newer" crap?

                                                                                                                          • 5 votes
                                                                                                                          #3.3 - Thu May 31, 2012 1:36 PM EDT

                                                                                                                          Let the silly homosexuals have their unions, play as if they are a normal male-female couple, but IT IS NOT MARRIAGE, as that is reserved for a union between one man and one woman only. They need to get this through their sodomizing heads. Let them call it homosexual union or whatever.

                                                                                                                            #3.4 - Fri Jun 1, 2012 1:32 AM EDT

                                                                                                                            You don't own the word "marriage".

                                                                                                                            In addition, heterosexuals engage in sodomy more than homosexuals do.

                                                                                                                            • 3 votes
                                                                                                                            #3.5 - Fri Jun 1, 2012 7:35 AM EDT

                                                                                                                            Wrong, kraussk. Marriage has not always been between one man and one woman, even in the bible you so strongly believe in.

                                                                                                                            Try getting that through your bigotted head first.

                                                                                                                            • 2 votes
                                                                                                                            #3.6 - Fri Jun 1, 2012 8:10 AM EDT

                                                                                                                            The gays should be careful what they wish for, they just might get it, along with other consequences that no-one likes, including the gays.

                                                                                                                              #3.7 - Mon Jun 4, 2012 1:46 PM EDT

                                                                                                                              The gays should be careful what they wish for, they just might get it, along with other consequences that no-one likes, including the gays

                                                                                                                              What, like being married to someone?

                                                                                                                              • 1 vote
                                                                                                                              #3.8 - Mon Jun 4, 2012 2:58 PM EDT

                                                                                                                              Like ugly divorces. At least there will be fewer children affected by homosexual divorces than heterosexual divorces.

                                                                                                                                #3.9 - Wed Jun 6, 2012 7:01 PM EDT
                                                                                                                                Reply
                                                                                                                                Comment author avatarTod-2791955Restored

                                                                                                                                Gadz,

                                                                                                                                Are we ever gonna be done with this issue? Come on media; it is not the not the most pressing issue facing our country; move on already. What's the point of voting in, or passing legislation, if some activist court is just gonna overturn it? What a mess!!

                                                                                                                                • 11 votes
                                                                                                                                #4 - Thu May 31, 2012 10:47 AM EDT

                                                                                                                                By your logic then we would still have slavery.

                                                                                                                                • 33 votes
                                                                                                                                #4.1 - Thu May 31, 2012 10:52 AM EDT

                                                                                                                                TOD-you said it!! Everyday, something with same sex marriage is in the headline. I am pretty sure we have a lot more to worry about right now. GET OVER IT!!

                                                                                                                                • 5 votes
                                                                                                                                #4.2 - Thu May 31, 2012 10:53 AM EDT

                                                                                                                                I suppose when you are not the one who is cheated out of your fair share then you feel this is not an issue. How would you feel if it were YOU and those you love who were denied benefits all your life? This is an issue for some people. It can't be all about you all the time.

                                                                                                                                • 38 votes
                                                                                                                                #4.3 - Thu May 31, 2012 10:54 AM EDT

                                                                                                                                It's the judges job to decide upon the Constitutionality of legislation. If that legislation violates the Constitution, then it must be struck down (either through repeal or the courts).

                                                                                                                                While we have a lot of serious issues facing our country - upholding the Constitution is always a pressing issue.

                                                                                                                                • 29 votes
                                                                                                                                #4.4 - Thu May 31, 2012 10:56 AM EDT

                                                                                                                                you know what I am denied benefits right now, I am not pissing and moaning about it.

                                                                                                                                • 2 votes
                                                                                                                                #4.5 - Thu May 31, 2012 10:57 AM EDT

                                                                                                                                Oh,

                                                                                                                                Please describe the benefits that people are being deprived of.

                                                                                                                                Summer,

                                                                                                                                Unless there is definitive scientific proof that homosexuality is a genetic trait (not a choice) there is no legal ground to claim that your rights are being violated (please don't blather on about your personal stories or emotional reasoning). Why do you think African Americans are not in favor of same sex marriage, or the goofy comparison's being made to their fight for rights. Its not the same!!

                                                                                                                                All of human history has recognised marriage as between 1 man and a woman, even societies with large homosexual activity would never have considered same-sex marriage as an option for the family unit

                                                                                                                                • 8 votes
                                                                                                                                #4.6 - Thu May 31, 2012 11:03 AM EDT

                                                                                                                                This is a very important issue.

                                                                                                                                • 6 votes
                                                                                                                                #4.7 - Thu May 31, 2012 11:05 AM EDT

                                                                                                                                Hey Tod, don't your knuckles hurt from dragging on the ground? Just asking. LMFAO at you!

                                                                                                                                • 13 votes
                                                                                                                                #4.8 - Thu May 31, 2012 11:07 AM EDT

                                                                                                                                If I was being denied the right to get married, this would sure as hell be important to me! Hell, it's important even though I'm straight and married already!

                                                                                                                                • 17 votes
                                                                                                                                #4.9 - Thu May 31, 2012 11:07 AM EDT

                                                                                                                                Funny how it's only an Activist court when a piece of legislation the Right adores is what is found unconstitutional..

                                                                                                                                • 9 votes
                                                                                                                                #4.10 - Thu May 31, 2012 11:11 AM EDT

                                                                                                                                According to 14 Supreme Court rulings, Marriage is a RIGHT, not a privilege. Yes, Blacks can get married, interracial couples can get married, and gays can marry.

                                                                                                                                Subsequent federal benefits MUST be conferred AUTOMATICALLY. The federal government can't decide which married couples it wants to give rights to and which ones it doesn't.

                                                                                                                                The court is CORRECT.

                                                                                                                                • 17 votes
                                                                                                                                #4.11 - Thu May 31, 2012 11:13 AM EDT

                                                                                                                                It apparently IS the most pressing issue facing the right wing, because they've been hellbent on supporting DOMA at the federal level for some time now.

                                                                                                                                • 12 votes
                                                                                                                                #4.12 - Thu May 31, 2012 11:14 AM EDT

                                                                                                                                P.S.

                                                                                                                                When I was single I did not have the same benefits that I have now that I am married. More and more people are chosing not to marry (not saying that is a good thing), why are you not fighting for "the same rights" for single people?

                                                                                                                                Marriage between a man and a woman is something that governments have always known to be a stabilizing factor for society (can you not see that it has been the breakdown of that norm that has added to many of society's ill's?). Government should put its stamp of approval on traditional marriage and be silent concerning non-traditional forms.

                                                                                                                                • 6 votes
                                                                                                                                #4.13 - Thu May 31, 2012 11:14 AM EDT

                                                                                                                                The same has been said recently about the SCOTUS by the left....remember?

                                                                                                                                • 2 votes
                                                                                                                                #4.14 - Thu May 31, 2012 11:16 AM EDT

                                                                                                                                Please describe the benefits that people are being deprived of.

                                                                                                                                There are over 1138 federal rights and benefits associated with marriage according to the GAO.

                                                                                                                                Unless there is definitive scientific proof that homosexuality is a genetic trait (not a choice) there is no legal ground to claim that your rights are being violated (please don't blather on about your personal stories or emotional reasoning). Why do you think African Americans are not in favor of same sex marriage, or the goofy comparison's being made to their fight for rights. Its not the same!!

                                                                                                                                It's funny that you assume I would talk about personal stories or emotional reasoning. Why would you assume that?

                                                                                                                                Also, there are gene sequences found on chromosomes 7, 8, 10 and X that appear to play a role in sexuality. These genes are found at a higher than chance rate in gay men. Those on chromosomes 10 & X only play a role in sexuality when inherited from the mother, while those on 7 & 8 play a role regardless of which parent the genes are inherited from. What is not clear is how these genes work together (or may be even with other genes, hormones, other environmental factors) to influence sexuality. Essentially, it is most likely that sexuality - whether homosexual, heterosexual, bisexual or asexual - has a genetic and non-genetic component.

                                                                                                                                Furthermore, whether homosexuality is genetic or not (though I think it is not a choice), is irrelevant to the issue of Constitutionality of laws banning gay marriage. The fact remains, homosexuals that are citizens of this country are citizens of this country; as such, they deserve equal access (and equal protection) under the law as we heterosexuals. Marriage, as far as the government is concerned, is a legal contract between consenting adults - as such, homosexuals should have access to this contract and all the rights/benefits/responsibilities associated with the contract.

                                                                                                                                • 19 votes
                                                                                                                                #4.15 - Thu May 31, 2012 11:19 AM EDT

                                                                                                                                "Unless there is definitive scientific proof that homosexuality is a genetic trait (not a choice) there is no legal ground to claim that your rights are being violated"

                                                                                                                                Total B.S.

                                                                                                                                The idea that homosexuality is "morally wrong" is religious. The state cannot force your religion on me or anyone else.

                                                                                                                                It doesn't matter if gays choose or not. It's none of your business. It's none of your preacher's business, and it's none of your church's business.

                                                                                                                                Either we have religious freedom, or we don't. Make up your mind.

                                                                                                                                • 15 votes
                                                                                                                                #4.16 - Thu May 31, 2012 11:42 AM EDT

                                                                                                                                Tod-2791955

                                                                                                                                If homosexuality vs. heterosexuality is a choice, tell me about the time you considered whether or not to be gay.

                                                                                                                                • 11 votes
                                                                                                                                #4.17 - Thu May 31, 2012 11:56 AM EDT

                                                                                                                                "Unless there is definitive scientific proof that homosexuality is a genetic trait (not a choice) there is no legal ground to claim that your rights are being violated"

                                                                                                                                There is.... peer reviewed scientific evidence in fact. Hundreds of studies about this have been done in the last hundred years or so, more recently genetic evidence has surfaced in support of homosexuality being natural.

                                                                                                                                "Sven Bocklandt, a geneticist at the David Geffen school of medicine at UCLA, is bewildered by the argument that people choose their sexual attraction. He said that virtually every animal species that has been studied - from sheep to fruit flies - has a small minority of individuals who demonstrate homosexual activity." ()

                                                                                                                                • 4 votes
                                                                                                                                #4.18 - Thu May 31, 2012 12:16 PM EDT

                                                                                                                                Tod-2791955 - Unless there is definitive scientific proof that homosexuality is a genetic trait (not a choice) there is no legal ground to claim that your rights are being violated

                                                                                                                                Looks like the court disagreed with you.

                                                                                                                                In fact, it's the hatred against gays expressed by bigots like you which caused the court to rule as it did. Hating gays and trying to disadvantage them isn't a legitimate government purpose.

                                                                                                                                • 5 votes
                                                                                                                                #4.19 - Thu May 31, 2012 12:35 PM EDT

                                                                                                                                Yep, "hating bigots like"

                                                                                                                                Me, (the democrats/republicans who supported DOMA) 1/2 the country, 1/2 of Europe, 95% of the rest of the world, and all of human history up til now are bigots, because we dare to state the obvious; marriage and family are defined as man, woman, children.

                                                                                                                                I am constantly amazed at those who think their miniscule, snapshot in time, enlightened, ideologies are far superior to the timeless truths that got us here.

                                                                                                                                • 2 votes
                                                                                                                                #4.20 - Thu May 31, 2012 1:40 PM EDT

                                                                                                                                That this: "all of human history up til now" and this "I am constantly amazed at those who think their miniscule, snapshot in time, enlightened, ideologies are far superior to the timeless truths that got us here" are in the same post cracks me up.

                                                                                                                                Umm, sorry, but sexual minorities have existed throughout history and in every culture, and historically, a number of cultures have been accepting of them. It's interesting that you believe that the conservative perspective originating somewhere around the early Victorian age have become "timeless truths" in your mind.

                                                                                                                                • 3 votes
                                                                                                                                #4.21 - Thu May 31, 2012 2:15 PM EDT

                                                                                                                                What's the point of voting in, or passing legislation, if some activist court is just gonna overturn it?

                                                                                                                                Your question should be, what's the point in legislatures continuing to pass unconstitutional laws?

                                                                                                                                • 1 vote
                                                                                                                                #4.22 - Thu May 31, 2012 2:41 PM EDT

                                                                                                                                Marriage between a man and a woman is something that governments have always known to be a stabilizing factor for society (can you not see that it has been the breakdown of that norm that has added to many of society's ill's?). Government should put its stamp of approval on traditional marriage and be silent concerning non-traditional forms.

                                                                                                                                Why is marriage marriage between a man and a woman a stabilizing factor, and not marriage between two people of the same sex. Are you saying that gays are already stable, and it is the poor heterosexuals who need help settling down? Please don't bring up children. Many same-sex couples (around 20-25% at the last census) are raising children, while many heterosexual couples are not raising children. We also allow elderly people and sterile individuals to marry, as well.

                                                                                                                                This "marriage is procreation" argument is so easily debunked that I'm amazed that anyone bothers to bring it up anymore. But, when that's the only ammunition in your arsenal, I guess you have to continue to use it.

                                                                                                                                • 3 votes
                                                                                                                                #4.23 - Thu May 31, 2012 2:46 PM EDT

                                                                                                                                Hey Tod...

                                                                                                                                Slavery was a "stabilizing factor" in the South's economy...I guess we shouldn't have ended it, right?

                                                                                                                                All bigots ARE THE SAME, and you, my friend ARE A BIGOT.

                                                                                                                                • 1 vote
                                                                                                                                #4.24 - Thu May 31, 2012 3:02 PM EDT

                                                                                                                                Hey tod

                                                                                                                                It's called LEARNING...there is no reason for gays not to marry. For 1000's of years people believed things that were passed down from generation to generation, ideas change VERY quickly when one learns. We've learned in the past 100 years or so that discrimination is WRONG. It'd be wise of you to catch up

                                                                                                                                  #4.25 - Thu May 31, 2012 3:44 PM EDT

                                                                                                                                  Dr.

                                                                                                                                  "Sexual minorities" and society's redefining the definition of marriage are two different things. There are of course homosexuals throughout history. Please advise me of a society that advocated redefining/including a completely different defintion of the family unit in their culture or government.

                                                                                                                                  Summer; How many of your 1138 benefits involve children? How many of them are covered under civil unions, and how would you keep anyone who wants benefits from cheating the system (government beaurocracy anyone)

                                                                                                                                  I'm a science teacher; your chromosome diatribe is not conclusive evidence of anything, at present its wishfull thinking. Choice or no choice is any thing but irrelevant, just as it is/was to African American

                                                                                                                                  • 1 vote
                                                                                                                                  #4.26 - Thu May 31, 2012 5:04 PM EDT

                                                                                                                                  calig,

                                                                                                                                  Seriously, why would anyone even entertain the idea of conversing with you?

                                                                                                                                  Mike,

                                                                                                                                  The past 100 years have been riidled with the most murderous regimes that history has ever known (over 100 million murdered, more than recorded history to that point), so please don't instruct me on how we have evolved and learned how not to discriminate. Gadz, the irony of your comment!

                                                                                                                                    #4.27 - Thu May 31, 2012 5:20 PM EDT

                                                                                                                                    I'm a science teacher; your chromosome diatribe is not conclusive evidence of anything, at present its wishfull thinking. Choice or no choice is any thing but irrelevant, just as it is/was to African American

                                                                                                                                    I gotta hear this: How is being a science teacher relevant? Does it some how make your knowlege of genetics greater than someone who is not a science teacher? Did you even take a course in genetics in college? And finally, go ahead and try to tell me you actually read peer reviewed scientific literature in the field of biology. ( things like New York Times, Scientific American, Discover and Popular Mechanics do not count as peer reviewed.)

                                                                                                                                      #4.28 - Fri Jun 1, 2012 9:25 AM EDT

                                                                                                                                      Oh, how to keep people from cheating the system?? I can go one better and with the same stone kill another bird. How can we make all the religious conservatives happy too?

                                                                                                                                      Simple. Make "marriage" something which in no way applies to government. Take marriage right out of the equation. Make it a religious thing only and then let the churches worry about who they can marry. No more "married filing jointly" no more legal definition of spouse.

                                                                                                                                      No more benefits for people as pairs. The only marriages would be those recognised by churches or other religious institutions. Its really all very anachronistic anyway. The idea of marriage really belongs to another age. If you love someone, be there for them. If you feel that means taking an oath, take a freakin' oath. Leave the government, both federal and state, out of it. When nobody is included, nobody feels left out.

                                                                                                                                        #4.29 - Fri Jun 1, 2012 9:38 AM EDT

                                                                                                                                        Hal-2824511

                                                                                                                                        I'm a science teacher; your chromosome diatribe is not conclusive evidence of anything, at present its wishfull thinking. Choice or no choice is any thing but irrelevant, just as it is/was to African American

                                                                                                                                        I gotta hear this: How is being a science teacher relevant? Does it some how make your knowlege of genetics greater than someone who is not a science teacher? Did you even take a course in genetics in college? And finally, go ahead and try to tell me you actually read peer reviewed scientific literature in the field of biology. ( things like New York Times, Scientific American, Discover and Popular Mechanics do not count as peer reviewed.)

                                                                                                                                        If one side is saying there is a Gay gene and the other side says there isnt, and both since are using science, then the burden of proof is on the side that says there is a gay gene, or a section of the brain that made a person gay. You need to show that, in great detail. I have yet to this day read any article or peer reviewed journal that shows Hard facts, Now i have read agenda based research,that supports gay genes, but in the end, there was nothing there as in hard evidence, just assumptions, and personal bias in favor of gay genetics.

                                                                                                                                          #4.30 - Fri Jun 1, 2012 2:44 PM EDT

                                                                                                                                          Tod,

                                                                                                                                          You are literally stating falsehoods.

                                                                                                                                          Regardless of whether or not you believe marriage should be between a man and woman only, it is literally false that "all of human history" has defined it that way. It would literally take you seconds to look up the many cultures today and of the past that have defined it differently.

                                                                                                                                          Another falsehood that you stated implied that the world is more violent today than in the past. Also false. Research shows that violence has decreased across human history. In fact, in the past 30 years in the U.S., violent crime has decreased significantly. So again, you're actually wrong.

                                                                                                                                          Crossfit,

                                                                                                                                          There's a difference between a scientist saying that science supports something and some dude who reading a couple of articles. I am unaware of any scientists who claim that there is definitively no gay gene. I am however aware of many scientists and articles who have shown evidence for a genetic component of homosexuality -- in fact, people have already stated and cited some of this above. So, show me these scientists and who have research that suggests that there is no evidence for a gay gene. I'll wait.

                                                                                                                                            #4.31 - Fri Jun 1, 2012 3:27 PM EDT

                                                                                                                                            Tod,

                                                                                                                                            I also like how science that goes against what you believe is "wishful thinking."

                                                                                                                                            What amazes about people like you and Crossfit who trying to tear down science by calling anything you disagree with BS, is that you somehow believe that all the scientists out there who have received degrees and spent their entire careers studying these things are all just making stuff up, but you -- some dude on the internet -- you know the truth of the matter.

                                                                                                                                            Not to mention, the fact that evidence from many different areas in science, many different scientists using many different methods are supporting the idea that there is a genetic basis for sexuality. But some guys on the internet waving their arms and going "Nuh-unh!" are totally more credible. You got us, thanks for enlightening us all.

                                                                                                                                              #4.32 - Fri Jun 1, 2012 3:42 PM EDT

                                                                                                                                              "I have yet to this day read any article or peer reviewed journal that shows"

                                                                                                                                              Here's what the head of the Human Genome Project said:

                                                                                                                                              "The evidence we have at present strongly supports the proposition that there are hereditary factors in male homosexuality — the observation that an identical twin of a male homosexual has approximately a 20% likelihood of also being gay points to this conclusion, since that is 10 times the population incidence. But the fact that the answer is not 100% also suggests that other factors besides DNA must be involved. That certainly doesn’t imply, however, that those other undefined factors are inherently alterable."

                                                                                                                                              Found here: http://wthrockmorton.com/2008/09/21/dr-francis-collins-comments-on-homosexuality-and-genetics/

                                                                                                                                                #4.33 - Fri Jun 1, 2012 5:54 PM EDT

                                                                                                                                                Picture the gay rights fight like this people. There is a huge reservior of immoral/amoral behavior held back by a dam called 'morality laws'. Well the gays are furiously jackhammering away at the dam because all they see is their own agenda and selfish desires. A leak has been made in this dam by prior rulings. If they get their way, the leak is likely to cause the whole dam to break, giving them and everyone else way more than they bargained for, much to everyone's detriment, including the gays. Why can't the gays see this?

                                                                                                                                                On the side of the gays, why don't we rescind all morality laws? Those pesky horrible morality laws just are so repressive! They limit people so severely! Our country needs full un-repressed activity by anyone, doing anything, any time, anywhere they want, because the current system violates 'civil rights'. Who cares what I do, if you don't like it, don't look!

                                                                                                                                                  #4.34 - Mon Jun 4, 2012 1:07 PM EDT

                                                                                                                                                  On the side of the gays, why don't we rescind all morality laws?

                                                                                                                                                  What morality laws are you talking about? Bans on prostitution? I think it should be removed. Any law interfering in an adult's personal choice to exercise their right of the pursuit of happiness is archaic. As long as I am not interfering in your right to live you life the way you wish as a consenting adult, why would you care what I am doing. Get the government out of the bedroom, and have them focusing on the issues they need to be focusing on.

                                                                                                                                                    #4.35 - Mon Jun 4, 2012 2:15 PM EDT

                                                                                                                                                    Summer; How many of your 1138 benefits involve children? How many of them are covered under civil unions, and how would you keep anyone who wants benefits from cheating the system (government beaurocracy anyone)

                                                                                                                                                    How many are covered under civil unions? The answer is easy. Zero. The federal government doesn't recognize civil unions, either.

                                                                                                                                                    • 1 vote
                                                                                                                                                    #4.36 - Mon Jun 4, 2012 2:15 PM EDT

                                                                                                                                                    Well the gays are furiously jackhammering away at the dam because all they see is their own agenda and selfish desires.

                                                                                                                                                    Your whole posting seems to be based on the assumption that homosexuality is immoral. Luckily, the majority of the US population doesn't agree with you. Therefore, your whole diatribe is pointless.

                                                                                                                                                    • 1 vote
                                                                                                                                                    #4.37 - Mon Jun 4, 2012 2:18 PM EDT

                                                                                                                                                    There is a huge reservior of immoral/amoral behavior held back by a dam called 'morality laws'.

                                                                                                                                                    Sorry bub, but morality is a subjective matter and not universal.

                                                                                                                                                    • 1 vote
                                                                                                                                                    #4.38 - Mon Jun 4, 2012 2:59 PM EDT

                                                                                                                                                    There is a huge reservior of immoral/amoral behavior held back by a dam called 'morality laws'.

                                                                                                                                                    WHAT "morality laws"? We do not legislate morality in this country; morality is subjective.

                                                                                                                                                    • 2 votes
                                                                                                                                                    #4.39 - Mon Jun 4, 2012 4:59 PM EDT

                                                                                                                                                    The press releases and campaign signs were quietly forgotten. The news was big, but it did not contain what some had hoped for. On April 14, 2003, the International Human Genome Consortium announced the successful completion of the Human Genome Project—two years ahead of schedule. The press report read: “The human genome is complete and the Human Genome Project is over” (see “Human Genome Report...,” 2003, emp. added). Most of the major science journals reported on the progress in the field of genetics, but also speculated on how the information would now be used. The one piece of information that never materialized from the Human Genome Project was the identification of the so-called “gay gene.”

                                                                                                                                                    Homosexuality has been practiced for thousands of years. Simply put, homosexuality is defined as sexual relations between like genders (i.e., two males or two females). It was Sigmund Freud who first postulated that parental relationships with a child ultimately determine the youngster’s sexual orientation. But this “nurturing” aspect has effectively given way to the “nature” side of the equation. Can some behaviors (e.g., alcoholism, homosexuality, schizophrenia) be explained by genetics? Are these and other behaviors influenced by nature or by nurture? Are they inborn or learned? Some individuals believed that the answer would be found hiding amidst the chromosomes analyzed in the Human Genome Project.

                                                                                                                                                    The human X and Y chromosomes (the two “sex” chromosomes) have been completely sequenced. Thanks to work carried out by labs all across the globe, we know that the X chromosome contains 153 million base pairs, and harbors a total of 1168 genes (see NCBI, 2004). The National Center for Biotechnology Information reports that the Y chromosome—which is much smaller—contains “only” 50 million base pairs, and is estimated to contain a mere 251 genes. Educational institutions such as Baylor University, the Max Planck Institute, the Sanger Institute, Washington University in St. Louis, and others have spent countless hours and millions of research dollars analyzing these unique chromosomes. As the data began to pour in, they allowed scientists to construct gene maps—using actual sequences from the Human Genome Project. And yet, neither the map for the X nor the Y chromosome contains any “gay gene.”

                                                                                                                                                    What is the truth regarding homosexuality? Too often, speculation, emotions, and politics play a major role in its assessment. The following is a scientific investigation of human homosexuality.

                                                                                                                                                    Behavioral Genetics and Civil Rights

                                                                                                                                                    In an effort to affect public policy and gain acceptance, the assertion often is made that homosexuals deserve equal rights just as other minority groups—and should not be punished for, or forbidden from, expressing their homosexuality. The fight for the acceptance of homosexuality often is compared to “civil rights” movements of racial minorities. Due to America’s failure to settle fully the civil rights issue (i.e., full and equal citizenship of racial minorities), social liberals, feminists, and homosexual activists were provided with the perfect “coat tail” to ride to advance their agenda. Using this camouflage of innate civil liberties, homosexual activists were able to divert attention away from the behavior, and focus it on the “rights.”

                                                                                                                                                    The argument goes like this: “Just as a person cannot help being black, female, or Asian, I cannot help being homosexual. We were all born this way, and as such we should be treated equally.” However, this argument fails to comprehend the true “civil rights” movements. The law already protects the civil rights of everyone—black, white, male, female, homosexual, or heterosexual. Homosexuals enjoy the same civil rights everyone else does. The contention arises when specific laws deprive all citizens of certain behaviors (e.g., sodomy, etc.). We should keep in mind that these laws are the same for all members of society. Because of certain deprivations, homosexuals feel as though “equal” rights have been taken away (i.e., marriage, tax breaks, etc.).

                                                                                                                                                    Skin color and other genetic traits can be traced through inheritance patterns and simple Mendelian genetics. Homosexuals are identified not by a trait or a gene, but rather by their actions. Without the action, they would be indistinguishable from all other people. It is only when they alter their behavior that they become a group that is recognized as being different. If we were to assume momentarily that homosexuality was genetic, then the most one could conclude is that those individuals were not morally responsible for being homosexual. However, that does not mean that they are not morally responsible for homosexual actions! Merely having the gene would not force one to carry out the behavior. For instance, if scientists were able to document that a “rape gene” existed, we certainly would not blame an individual for possessing this gene, but neither would we allow him to act upon that rape disposition. Neil Risch and his coworkers admitted:

                                                                                                                                                    There is little disagreement that male homosexual orientation is not a Mendelian trait. In fact, a priori, one would expect the role of a major gene in male homosexual orientation to be limited because of the strong selective pressures against such a gene. It is unlikely that a major gene underlying such a common trait could persist over time without an extraordinary counterbalancing mechanism (1993, 262:2064).

                                                                                                                                                    Evan S. Balaban, a neurobiologist at the Neurosciences Institute in San Diego, noted that

                                                                                                                                                    the search for the biological underpinnings of complex human traits has a sorry history of late. In recent years, researchers and the media have proclaimed the “discovery” of genes linked to alcoholism and mental illness as well as to homosexuality. None of the claims...has been confirmed (as quoted in Horgan, 1995).

                                                                                                                                                    Charles Mann agreed, stating: “Time and time again, scientists have claimed that particular genes or chromosomal regions are associated with behavioral traits, only to withdraw their findings when they were not replicated” (1994, 264:1687). It appears that the gay gene will be added to this category of unreplicated claims.

                                                                                                                                                    The real issue here is homosexual actions that society has deemed immoral and, in many instances, illegal. Since no study has firmly established an underlying genetic cause for homosexuality, arguments suggesting “equal rights” are both baseless and illogical.

                                                                                                                                                    Real Statistics

                                                                                                                                                    Anyone who has tuned into prime-time television within the past few years has observed an increasing trend of shows featuring characters who are homosexual—and proud of it. It seems as though modern sitcoms require “token” homosexuals in order to be politically correct. The perception is that these individuals share the same apartment buildings, offices, clubs, etc., with heterosexual people, and that we need to realize just how prevalent homosexuality is. So, exactly what fraction of the population do homosexuals actually represent?

                                                                                                                                                    The famous Kinsey Institute report often is cited as evidence that 10% of the population is homosexual. In his book, Is It a Choice?: Answers to 300 of the Most Frequently Asked Questions About Gays and Lesbians, Eric Marcus used the Kinsey studies to demonstrate that one in ten people is homosexual (1993). In truth, Kinsey never reported figures that high. The Kinsey Report clearly stated that: “Only about 4 percent of the men [evaluated] were exclusively homosexual throughout their entire lives.... Only 2 or 3 percent of these women were exclusively homosexual their entire lives” (see Reinisch and Beasley, 1990, p. 140). However, there is good reason to believe that the real percentage is not even this high.

                                                                                                                                                    While no one has carried out a door-to-door census, we do have a fairly accurate estimate. Interestingly, these statistics came to light in an amicus curiae (“friend of the court”) brief filed with the U.S. Supreme Court on March 26, 2003, in the Lawrence vs. Texas case (commonly known as the Texas sodomy case). On page 16 of this legal brief, footnote 42 revealed that 31 homosexual and pro-homosexual groups admitted the following:

                                                                                                                                                    The most widely accepted study of sexual practices in the United States is the National Health and Social Life Survey (NHSLS). The NHSLS found that 2.8% of the male, and 1.4% of the female population identify themselves as gay, lesbian, or bisexual (Laumann, et al., 1994).

                                                                                                                                                    The study also found that only 0.9% of men and 0.4% of women reported having only same-sex partners since age 18—a figure that would represent a total of only 1.4 million Americans as homosexual (based on the last census report, showing roughly 292 million people living in America). The resulting accurate figures demonstrate that significantly less than one percent of the American population claims to be homosexual. The NHSLS results are similar to a survey conducted by the Minnesota Adolescent Health Survey (1986) of public school students. The survey showed that only 0.6% of the boys and 0.2% of the girls identified themselves as “mostly or 100% homosexual.”

                                                                                                                                                    The 2000 census sheds even more light on the subject. The overall statistics from the 2000 Census Bureau revealed:

                                                                                                                                                    • The total population of the U.S. is 285,230,516.
                                                                                                                                                    • The total number of households in the U.S. is 106,741,426.
                                                                                                                                                    • The total number of unmarried same-sex households is 601,209.

                                                                                                                                                    Thus, out of a population of 106,741,426 households, homosexuals represent 0.42% of those households. That is less than one half of one percent!

                                                                                                                                                    But since most people are not mathematicians, we would like to make this point in a way that most individuals will be able to better comprehend. If we were to start a new television sitcom, and wanted to accurately portray homosexual ratios in society, we would need 199 heterosexual actors before we finally introduced one homosexual actor.

                                                                                                                                                    And yet modern television casts of three or four often include one or more homosexual actor(s). The statistics from the 2000 census are not figures grabbed from the air and placed on a political sign or Web site to promote a particular agenda. These were census data that were carefully collected from the entire United States population, contrary to the limited scope of studies designed to show a genetic cause for homosexuality.

                                                                                                                                                    Is Homosexuality Genetic?

                                                                                                                                                    It is one of the most explosive topics in society today. The social and political ramifications affect the very roots of this country. But is the country being told the truth concerning homosexuality? Is there really a genetic basis for homosexuality?

                                                                                                                                                    Former democratic presidential candidate and Vermont Governor Howard Dean signed a bill legalizing civil unions for homosexuals in Vermont. In defending his actions, he commented: “The overwhelming evidence is that there is a very significant, substantial genetic component to it. From a religious point of view, if God had thought homosexuality is a sin, he would not have created gay people” (as quoted in VandeHei, 2004). Dean is not alone in such thinking.

                                                                                                                                                    Most people are familiar with the idea that research has been performed that allegedly supports the existence of a gay gene. However, that idea has been a long time in the making. Almost fifty years ago, the landmark Kinsey report was produced using the sexual histories of thousands of Americans. While that report consisted of a diverse sample, it was not a representative sample of the general population (Kinsey, et al., 1948, 1953). In 1994, Richard Friedman and Jennifer Downey published a review on homosexuality in The New England Journal of Medicine. In reviewing Kinsey’s work, they noted:

                                                                                                                                                    Kinsey reported that 8 percent of men and 4 percent of women were exclusively homosexual for a period of at least three years during adulthood. Four percent of men and 2 percent of women were exclusively homosexual after adolescence (1994, 331:923).

                                                                                                                                                    With this “statistical information” in hand, some sought to change the way homosexuality was viewed by both the public and the medical community. Prior to 1973, homosexuality appeared in the Diagnostic and Statistical Manual of Mental Disorders (DSM), the official reference book used by the American Psychiatric Association for diagnosing mental disorders in America and throughout much of the rest of the world. Homosexuality was considered a sickness that doctors routinely treated. In 1973, however, it was removed as a sexual disorder, based on the claim that it did not fulfill the “distress and social disability” criteria that were used to define a disorder. Today, there is no mention of homosexuality in the DSM-IV (aside from a section describing gender identity disorder), indicating that individuals with this condition are not suitable candidates for therapy (see American Psychiatric Association, 2000).

                                                                                                                                                    Physicians treating patients for homosexuality (to bring about a change in sexual orientation) frequently are reported to ethics committees in an attempt to have them cease. Robert Spitzer lamented:

                                                                                                                                                    Several authors have argued that clinicians who attempt to help their clients change their homosexual orientation are violating professional ethical codes by providing a “treatment” that is ineffective, often harmful, and reinforces in their clients the false belief that homosexuality is a disorder and needs treatment (2003, 32:403).

                                                                                                                                                    Thus, the stage was set for the appearance of a “gay gene.”

                                                                                                                                                    Simon LeVay—Brain Differences

                                                                                                                                                    The first “significant” published study that indicated a possible biological role for homosexuality came from Simon LeVay, who was then at the Salk Institute for Biological Studies in San Diego, California. In 1991, Dr. LeVay reported subtle differences between the brains of homosexual and heterosexual men (1991). LeVay measured a particular region of the brain (the interstitial nuclei of the anterior hypothalamus—INAH) in postmortem tissue of three distinct groups: (1) women; (2) men who were presumed to be heterosexual; (3) and homosexual men.

                                                                                                                                                    LeVay’s Reported Findings

                                                                                                                                                    LeVay reported that clusters of these neurons (INAH) in homosexual men were the same size as clusters in women, both of which were significantly smaller than clusters in heterosexual men. LeVay reported that the nuclei in INAH 3 were “more than twice as large in the heterosexual men as in the women. It was also, however, more than twice as large in the heterosexual men as in the homosexual men” (1991, 253:1034). This difference was interpreted as strong evidence of a biological link to homosexuality. LeVay’s assumption was that homosexual urges can be biologically based—so long as cluster size is accepted as being genetically determined.

                                                                                                                                                    Diagram showing INAH area. LifeART images copyright © 2004 Lippincott Williams & Wilkins. All rights reserved. Used by permission.

                                                                                                                                                    Problems with LeVay’s Study

                                                                                                                                                    When looking at the methodology of the LeVay study, one of the key problems is that the study has never been reproduced. As William Byne noted, LeVay’s work

                                                                                                                                                    has not been replicated, and human neuroanatomical studies of this kind have a very poor track record for reproducibility. Indeed, procedures similar to those LeVay used to identify nuclei have previously led researchers astray (1994, 270[5]:53, emp. added).

                                                                                                                                                    Additionally, of nineteen homosexual subjects used in the study, all had died of complications of acquired immunodeficiency syndrome (AIDS). AIDS has been shown to decrease testosterone levels, so it should be expected that those who suffered from that condition would have smaller INAH. Byne continued his comments on LeVay’s work.

                                                                                                                                                    His inclusion of a few brains from heterosexual men with AIDS did not adequately address the fact that at the time of death, virtually all men with AIDS have decreased testosterone levels as the result of the disease itself or the side effects of particular treatments. To date, LeVay has examined the brain of only one gay man who did not die of AIDS (270:53).

                                                                                                                                                    Furthermore, in a scientific environment where controls and standards are a necessity, LeVay did not possess a complete medical history of the individuals included in his study. He therefore was forced to assume the sexual orientation of the non-AIDS victims as being heterosexual, when some may not have been. In addition, bear in mind that he had no evidence regarding the sexual orientation of the women whose brains he examined. LeVay has admitted:

                                                                                                                                                    It’s important to stress what I didn’t find. I did not prove that homosexuality is genetic, or find a genetic cause for being gay. I didn’t show that gay men are born that way, the most common mistake people make in interpreting my work. Nor did I locate a gay center in the brain (as quoted in Byrd, et al., 2001, emp. added).

                                                                                                                                                    Many have argued that what LeVay discovered in the brains of those he examined was only a result of prior behavior, not the cause of it. Mark Breedlove, a researcher at the University of California at Berkeley, has demonstrated that sexual behavior has an effect on the brain. In referring to his own research, Breedlove commented: “These findings give us proof for what we theoretically know to be the case—that sexual experience can alter the structure of the brain, just as genes can alter it.... [I]t is possible that differences in sexual behavior cause (rather than are caused by) differences in the brain” (as quoted in Byrd, et al., parenthetical item in orig.). Considering this type of research, it makes sense that a homosexual lifestyle (and/or the AIDS condition) could alter the size of the nuclei LeVay was measuring.

                                                                                                                                                    What exactly did LeVay find? In actuality, not much. He did observe slight differences between the groups—if you accept the method he used for measuring the size of the neuron clusters (and some researchers do not). When each individual was considered by himself, there was not a significant difference; only when the individuals involved in the study were considered in groups of homosexuals vs. heterosexuals did differences result. Hubbard and Wald commented on this lack of difference:

                                                                                                                                                    Though, on average, the size of the hypothalamic nucleus LeVay considered significant was indeed smaller in the men he identified as homosexual, his published data show that the range of sizes of the individual samples was virtually the same as for the heterosexual men. That is, the area was larger in some of the homosexuals than in many of the heterosexual men, and smaller in some of the heterosexual men than in many of the homosexuals. This means that, though the groups showed some difference as groups, there was no way to tell anything about an individual’s sexual orientation by looking at his hypothalamus (1997, pp. 95-96, emp. added).

                                                                                                                                                    Being homosexual himself, it is no surprise that LeVay observed: “...[P]eople who think that gays and lesbians are born that way are more likely to support gay rights.” In a Newsweek article, LeVay was quoted as saying, “I felt if I didn’t find any [difference in the hypothalamuses], I would give up a scientific career altogether” (as quoted in Gelman, et al., 1992, p. 49). Given how (poorly) twisted LeVay’s data are, and his own personal bias, his abandonment of science may have ultimately been of greater service.

                                                                                                                                                    Brain Plasticity—A Fact Acknowledged by All Neuroscientists

                                                                                                                                                    Today, scientists are keenly aware of the fact that the brain is not as “hard-wired” or permanently fixed as once thought—an important factor that LeVay failed to acknowledge. One of the properties of plastic is flexibility—many containers are made out of plastic so that they will not shatter when dropped. In a similar manner, the brain was once considered to be rigid, like Ball® jars used for canning—but we now know the brain is “plastic” and flexible, and able to reorganize itself. Research has shown that the brain is able to remodel its connections and grow larger, according to the specific areas that are most frequently utilized. Given that we know today that the brain exhibits plasticity, one must ask if the act of living a homosexual lifestyle itself might be responsible for the difference LeVay noted? Commenting on brain plasticity, Shepherd noted:

                                                                                                                                                    The inability to generate new neurons might imply that the adult nervous system is a static, “hard-wired” machine. This is far from the truth. Although new neurons cannot be generated, each neuron retains the ability to form new processes and new synaptic connections (1994).

                                                                                                                                                    Interestingly, since Shepherd’s textbook was published, additional research has even documented the ability of neurons to be generated within certain areas of the brain. This information must be considered when examining comparative anatomical experiments such as LeVay’s. These cortical rearrangements that occur are not as simple as unplugging a lamp and plugging it into another socket. The changes observed by researchers indicate that if the brain were represented by a home electrical system, then many of the wires within the walls would be pulled out, rewired to different connections in different rooms, new outlets would appear, and some would even carry different voltages. Due to the colossal connectivity that takes place within the brain, any “rewiring” is, by its very nature, going to have an effect on several areas—such as INAH3. Scientists understand these things, yet LeVay’s work is still mentioned as alleged support for the so-called gay gene.

                                                                                                                                                    Bailey and Pillard—
                                                                                                                                                    The Famous “Twins” Study

                                                                                                                                                    One of the most frequently cited studies used in promoting the genetics of sexual orientation is a 1952 study by Kallmann. In this famous work, he reported a concordance rate (or genetic association) of 100% for sexual orientation among monozygotic (identical) twins (1952, 115:283). This result, if true, would prove nearly insurmountable for those people who doubt the biological causation of homosexuality. However, Kallmann subsequently conjectured that this perfect concordance was an artifact, possibly due to the fact that his sample was drawn largely from mentally ill and institutionalized men (see Rainer, et al., 1960, 22:259). But Kallmann’s research opened the door to twin studies in regard to sexual orientation.

                                                                                                                                                    Michael Bailey and Richard Pillard, researchers at Northwestern University and the Boston University School of Medicine, carried out a similar experiment, examining 56 pairs of identical twins, 54 pairs of fraternal twins, 142 non-twin brothers of twins, and 57 pairs of adoptive brothers (1991, 48:1089-1096). Bailey and Pillard were looking to see if homosexuality was passed on through familial lines, or if one could point to environmental factors as the cause. Their hypothesis: if homosexuality is an inherited trait, then more twin brothers would be expected to have the same orientation than non-twin or non-biological brothers.

                                                                                                                                                    Their Reported Findings

                                                                                                                                                    • 52% of identical (monozygotic) twins of homosexual men were homosexual
                                                                                                                                                    • 22% of fraternal (dizygotic) twins were likewise homosexual
                                                                                                                                                    • 11% of adoptive brothers of homosexual men were homosexual
                                                                                                                                                    • 9.2% of non-twin biological siblings reported homosexual orientations (Bailey and Pillard, 1991, “A Genetic Study of Male Sexual Orientation”)
                                                                                                                                                    • 48% of identical twins of homosexual women were likewise homosexual
                                                                                                                                                    • 16% of fraternal (dizygotic) twins were likewise homosexual
                                                                                                                                                    • 6% of adoptive sisters of homosexual women were likewise homosexual (Bailey and Benishay, 1993, “Familial Aggregation of Female Sexual Orientation”)

                                                                                                                                                    Problems with Bailey and Pillard’s Study

                                                                                                                                                    While the authors acknowledged some of the flaws with their research, they still were quoted in Science News as saying: “Our research shows that male sexual orientation is substantially genetic” (as quoted in Bower, 1992, 141:6). However, the most glaring observation is that clearly not 100% of the identical twins “inherited” homosexuality. If there was, in fact, a “gay gene,” then all of the identical twins should have reported a homosexual orientation. And yet, in nearly half of the twins studied, one brother was not homosexual. In a technical-comment letter in Science, Neil Risch and colleagues pointed out: “The biological brothers and adoptive brothers showed approximately the same rates. This latter observation suggests that there is no genetic component, but rather an environmental component shared in families” (1993, 262:2063). In fact, more adoptive brothers shared homosexuality than non-twin biological brothers. If there was a genetic factor, this result would be counter to the expected trend. Byne and Parsons noted:

                                                                                                                                                    However, the concordance rate for homosexuality in nontwin biologic brothers was only 9.2—significantly lower than that required by simple genetic hypothesis, which, on the basis of shared genetic material, would predict similar concordance rates for DZ [dizygotic] twins and nontwin biologic brothers. Furthermore, the fact that the concordance rates were similar for nontwin biologic brothers (9.2%) and genetically unrelated adoptive brothers (11.0%) is at odds with a simple genetic hypothesis, which would predict a higher concordance rate for biological siblings (1993, 50:229).

                                                                                                                                                    A more recently published twin study failed to find similar concordance rates. King and McDonald studied 46 homosexual men and women who were twins. The concordance rates that they reported were 10%, or 25% with monozygotic twins—depending on whether or not the bisexuals were included along with the homosexuals. The rates for dizygotic twins were 8% or 12%, again, depending on whether bisexuals were included (King and McDonald, 1992). Byne and Parsons commented: “These rates are significantly lower than those reported by Bailey and Pillard; in comparison of the MZ [monozygotic] concordance rate, including bisexuals (25%), with the comparable figure from Bailey and Pillard (52%)” (p. 230). They went on to observe: “Furthermore, if the concordance rate is similar for MZ and DZ twins, the importance of genetic factors would be considerably less than that suggested by Bailey and Pillard” (p. 230, emp. added).

                                                                                                                                                    Another factor that may have had a drastic affect on the results of this study (and other similar studies) centers on methodology. Bailey and Pillard did not study a random sample of homosexuals. Instead, the subjects were recruited through advertisements placed in homosexual publications. This method can be deemed questionable because it is highly dependent on the readership of those publications and on the motives of those who respond. Thus, it may lead to skewed results—for example, inflated rates of concordance in identical twins owing to preferential participation (see Baron, 1993). Hubbard and Wald observed:

                                                                                                                                                    The fact that fraternal twins of gay men were roughly twice as likely to be gay as other biological brothers shows that environmental factors are involved, since fraternal twins are no more similar biologically than are other biological brothers. If being a fraternal twin exerts an environmental influence, it does not seem surprising that this should be even truer for identical twins, who the world thinks of as “the same” and treats accordingly, and who often share those feelings of sameness (1997, p. 97).

                                                                                                                                                    In summarizing their findings, Byne and Parsons stated: “Critical review shows the evidence favoring a biologic theory to be lacking” (50:228). Commenting on Bailey and Pillard’s report, researchers Billings and Beckwith wrote:

                                                                                                                                                    While the authors interpreted their findings as evidence for a genetic basis for homosexuality, we think that the data in fact provide strong evidence for the influence of the environment (1993, p. 60).

                                                                                                                                                    When evaluated scientifically, twin studies fail to provide any valid support for the longed-for “gay gene.”

                                                                                                                                                    Dean Hamer—The Gay Gene
                                                                                                                                                    on the X Chromosone

                                                                                                                                                    Two years after Simon LeVay’s report, a group led by Dean H. Hamer of the National Cancer Institute allegedly linked male homosexuality to a gene on the X chromosome. His team investigated 114 families of homosexual men. Hamer and his colleagues collected family history information from 76 gay male individuals and 40 gay brother pairs as they searched for incidences of homosexuality among relatives of gay men.

                                                                                                                                                    In many families, gay men had gay relatives through maternal lines. Thus, they concluded that a gene for homosexuality might be found on the X chromosome, which is passed from the mother alone. They then used DNA linkage analysis in an effort to find a correlation between inheritance and homosexual orientation.

                                                                                                                                                    Their Reported Findings

                                                                                                                                                    Because many of the families with a prevalence of homosexual relatives had a common set of DNA markers on the X chromosome, Hamer’s group assumed a genetic etiology. Of the 40 pairs of homosexual brothers he analyzed, Hamer found that 33 exhibited a matching DNA region called q28—a gene located at the tip of the long arm of the X chromosome. In summarizing their findings, Hamer and colleagues noted: “Our experiments suggest that a locus (or loci) related to sexual orientation lies within approximately 4 million base pairs of DNA on the tip of the long arm of the X chromosome” (1993, 261:326, parenthetical item in orig.). This discovery prompted Hamer and his colleagues to speculate:

                                                                                                                                                    The linkage to markers on Xq28, the subtelomeric region of the long arm of the sex chromosome, had a multipoint lod score of 4.0, indicating a statistical confidence level of more than 99 percent that at least one subtype of male sexual orientation is genetically influenced (261:321, emp. added).

                                                                                                                                                    It is important to note that Hamer did not claim to have found a “gay gene,” or even the set of genes, that might contribute to a propensity for homosexuality. According to Chicago Tribune staff writer, John Crewdson, what Hamer claimed to have found was “statistical evidence that such genes exist” (1995).

                                                                                                                                                    Problems with Hamer’s Study

                                                                                                                                                    One of the most significant problems with Hamer’s approach is that he and his colleagues did not feel that it was necessary to check whether any of the heterosexual men in these families shared the marker in question! Would it not be useful to know whether or not this “gay gene” is found in heterosexuals? Even if only a few of them possess the gene, it calls into question what the gene or the self-identification signifies. Additionally, Hamer never explained why the other seven pairs of brothers did not display the same genetic marker. If this is “the gene” for homosexuality, then one must assume all homosexual individuals would possess that particular marker—and yet that was not the case in Hamer’s study.

                                                                                                                                                    In a letter to Science, Anne Fausto-Sterling and Evan Balaban pointed out some of the additional problems with Hamer’s study. They noted:

                                                                                                                                                    Despite our praise for aspects of Hamer, et al.’s work, we feel it is also important to recognize some of its weaknesses. The most obvious of these is the lack of an adequate control group. Their study demonstrates cosegregation of a trait (which Hamer, et al. have labeled “homosexuality”) with X chromosome markers and the trait’s concordance in homosexual brothers. This cosegregation is potentially meaningful if the mother is heterozygous for the trait. In this case, segregating chromosomes without the markers should show up in nonhomosexual brothers, but Hamer, et al present no data to that effect (1993, 261:1257, emp. added).

                                                                                                                                                    Fausto-Sterling and Balaban continued:

                                                                                                                                                    This sensitivity to assumptions about background levels makes Hamer, et al.’s data less robust than the summary in their abstract indicates.... Finally we wish to emphasize a point with which we are sure Hamer, et al would agree: correlation does not necessarily indicate causation (261:1257).

                                                                                                                                                    In other words, Hamer’s methodology leaves something to be desired. One also should keep in mind that Hamer’s sampling was not random, and, as a result, his data may not reflect the real population.

                                                                                                                                                    George Rice and his colleagues from Canada looked intently at the gene Xq28. They then observed: “Allele and halotype sharing for these markers was not increased over expectation. These results do not support an X-linked gene underlying male homosexuality” (1999, 284:665, emp. added). Rice, et al., included 182 families in their study. They noted:

                                                                                                                                                    It is unclear why our results are so discrepant from Hamer’s original study. Because our study was larger than that of Hamer et al., we certainly had adequate power to detect a genetic effect as large as was reported in that study. Nonetheless, our data do not support the presence of a gene of large effect influencing sexual orientation at position Xq28 (284:667).

                                                                                                                                                    That is a tactful way of saying that any claims of having found a “gay gene” were overblown, if not outright false, and that Hamer’s results are dubious at best. Commenting on the study of Rice and his colleagues, Ingrid Wickelgren remarked: “...the Ontario team found that gay brothers were no more likely to share the Xq28 markers than would be expected by chance.... Ebers interprets all these results to mean that the X linkage is all but dead” (1999, 284:571, emp. added).

                                                                                                                                                    In June of 1998, University of Chicago psychiatrist Alan Sanders reported at the meeting of the American Psychiatric Association that he, too, had been unable to verify Hamer’s results. Looking for an increase in Xq28 linkage, Sanders’ team studied 54 pairs of gay brothers. As Wickelgren indicated, Sanders’ team had found “only a weak hint—that wasn’t statistically significant—of an Xq28 linkage among 54 gay brother pairs” (284:571). Commenting on the validity of Hamer’s study, Wickelgren quoted George Rice: “Taken together, Rice says, the results ‘suggest that if there is a linkage it’s so weak it’s not important’” (1999, emp. added). Two independent labs failed to reproduce anything even remotely resembling Hamer’s results.

                                                                                                                                                    Changeability of Homosexuals—
                                                                                                                                                    Evidence Against Genetics

                                                                                                                                                    An individual born with diabetes has no hope of changing that condition. Likewise, a child born with Down’s syndrome will carry that chromosomal abnormality throughout his or her life. These individuals are a product of the genes they inherited from their parents. Homosexuality appears to be vastly different. Many people have been able to successfully change their sexual orientation. [Truth be told, some individuals experiment with a variety of sexual partners—male/female—often, going back and forth. One might inquire if the bisexuality denotes the existence of a “bisexual gene?”] Ironically, however, the removal of homosexuality as a designation from the Diagnostic and Statistical Manual of Psychiatric Disorders by the American Psychiatric Association has kept many physicians from attempting to provide reparative therapy to homosexuals.

                                                                                                                                                    Robert Spitzer conducted a study on 200 self-selected individuals (143 males, 57 females) in an effort to see if participants could change their sexual orientation from homosexual to heterosexual (2003, 32:403-417). He reported some minimal change from homosexual to heterosexual orientation that lasted at least five years (p. 403). Spitzer observed:

                                                                                                                                                    The majority of participants gave reports of change from a predominantly or exclusively homosexual orientation before therapy to a predominantly or exclusively heterosexual orientation in the past year (p. 403).

                                                                                                                                                    In summarizing his findings, Spitzer declared: “Thus, there is evidence that change in sexual orientation following some form of reparative therapy does occur in some gay men and lesbians.” He thus concluded: “This study provides evidence that some gay men and lesbians are able to also change the core features of sexual orientation” (p. 415).

                                                                                                                                                    Six years earlier, the National Association for Research and Therapy of Homosexuality (NARTH) released the results of a two-year study stating:

                                                                                                                                                    Before treatment, 68 percent of the respondents perceived themselves as exclusively or almost entirely homosexual, with another 22 percent stating that they were more homosexual than heterosexual. After treatment, only 13 percent perceived themselves as exclusively or almost entirely homosexual, while 33 percent described themselves as either exclusively or almost entirely heterosexual (see Nicolosi, 2000, 86:1071).

                                                                                                                                                    The study also reported:

                                                                                                                                                    Although 83 percent of respondents indicated that they entered therapy primarily because of homosexuality, 99 percent of those who participated in the survey said they now believe treatment to change homosexuality can be effective and valuable (p. 1071).

                                                                                                                                                    These data are consistent with the ongoing research project of Rob Goetze, who has identified 84 articles or books that contain some relevance to the possibility of sexual orientation change (2004). Of the data reported, 31 of the 84 studies showed a quantitative outcome of individuals able to change sexual orientation. These are not studies that merely speculate on the ability to change; they actually have the numbers to back it up! All of these data come on the heels of warnings from the Surgeon General, The American Academy of Pediatrics, and all of the major mental health associations, which have issued position statements warning of possible harm from such therapy, and have asserted that there is no evidence that such therapy can change a person’s sexual orientation. For instance, the 1998 American Psychiatric Association Position Statement on Psychiatric Treatment and Sexual Orientation noted:

                                                                                                                                                    ...there is no published scientific evidence supporting the efficacy of reparative therapy as a treatment to change one’s sexual orientation.... The potential risks of reparative therapy are great, including depression, anxiety, and self-destructive behavior (see American Psychiatric Association, 1999, p. 1131).

                                                                                                                                                    Thus, physicians are caught in a quandary of a double standard. On the one hand, they are told that it is “unethical” for a clinician to provide reparative therapy because homosexuality is not a diagnosable disorder, and thus one should not seek to change. Yet, they contend that not enough studies have been conducted to determine the effectiveness of reparative therapy. The message is loud and clear: “Do not do this because it is unethical to ask a homosexual person to change. However, truth be told, we have not collected enough data to know if a person can safely change his or her sexual orientation.”

                                                                                                                                                    In situations where sexual orientation is being measured, studies face serious methodological problems (i.e., follow-up assessment, possible bias, no detailed sexual history, random sampling, etc.). But even given these serious shortcomings from behavioral studies such as these, there are sufficient data to indicate that an individual can change his or her sexual orientation from homosexual to heterosexual—something that would be an impossibility if homosexuality were caused by genetics.

                                                                                                                                                    Conclusion

                                                                                                                                                    Consider the obvious problem of survival for individuals who allegedly possess a gay gene: individuals who have partners of the same sex are biologically unable to reproduce (without resorting to artificial means). Therefore, if an alleged “gay gene” did exist, the homosexual population eventually would disappear altogether. We now know that it is not scientifically accurate to refer to a “gay gene” as the causative agent in homosexuality. The available evidence clearly establishes that no such gene has been identified. Additionally, evidence exists which documents that homosexuals can change their sexual orientation. Future decisions regarding policies about, and/or treatment of, homosexuals should reflect this knowledge.

                                                                                                                                                    References

                                                                                                                                                    American Psychiatric Association (2000), Diagnostic and Statistical Manual of Mental Disorders, (Washington D.C.: American Psychiatric Association), fourth edition, text revision.

                                                                                                                                                    Bailey, Michael J., and Richard C. Pillard (1991), “A Genetic Study of Male Sexual Orientation,” Archives of General Psychiatry, 48:1089-1096, December.

                                                                                                                                                    Bailey, Michael J. and D.S. Benishay (1993), “Familial Aggregation of Female Sexual Orientation,” American Journal of Psychiatry, 150[2]:272-277.

                                                                                                                                                    Baron M. (1993), “Genetics and Human Sexual Orientation [Editorial],” Biological Psychiatry, 33:759-761.

                                                                                                                                                    Billings, P. and J. Beckwith (1993), Technology Review, July, p. 60.

                                                                                                                                                    Bower, B. (1992), “Gene Influence Tied to Sexual Orientation,” Science News, 141[1]:6, January 4.

                                                                                                                                                    Byne, William (1994), “The Biological Evidence Challenged,” Scientific American, 270[5]:50-55, May.

                                                                                                                                                    Byne, William and Bruce Parsons (1993), “Human Sexual Orientation,” Archives of General Psychiatry, 50:228-239, March.

                                                                                                                                                    Byrd, A. Dean, Shirley E. Cox, and Jeffrey W. Robinson (2001), “Homosexuality: The Innate-Immutability Argument Finds No Basis in Science,” The Salt Lake Tribune, [On-line] URL:

                                                                                                                                                    Crewdson, John (1995), “Dean Hamer’s Argument for the Existence of ‘Gay Genes,’ ” Chicago Tribune, News Section, p. 11, June 25.

                                                                                                                                                    Fausto-Sterling, Anne and Evan Balaban (1993), “Genetics and Male Sexual Orientation,” [technical-comment letter to the editor], Science, 261:1257, September 3.

                                                                                                                                                    Friedman, Richard C. and Jennifer I. Downey (1994), “Homosexuality,” The New England Journal of Medicine, 331[14]:923-930, October 6.

                                                                                                                                                    Gelman, David, with Donna Foote, Todd Barrett, and Mary Talbot (1992), “Born or Bred?,” Newsweek, pp. 46-53, February 24.

                                                                                                                                                    Goetze, Rob (2004), “Homosexuality and the Possibility of Change: An Ongoing Research Project,” [On-line], URL:

                                                                                                                                                    Hamer, Dean H., Stella Hu, Victoria L. Magnuson, Nan Hu, and Angela M.L. Pattatucci (1993), “A Linkage Between DNA Markers on the X Chromosome and Male Sexual Orientation,” Science, 261:321-327, July 16.

                                                                                                                                                    Horgan, John (1995), “Gay Genes, Revisited,” Scientific American, 273[5]:26, November.

                                                                                                                                                    Howe, Richard (1994), “Homosexuality in America: Exposing the Myths,” American Family Association, [On-line], URL:

                                                                                                                                                    Hubbard, Ruth and Elijah Wald (1997), Exploding the Gene Myth (Boston: Beacon Press).

                                                                                                                                                    “Human Genome Report Press Release” (2003), International Consortium Completes Human Genome Project, [On-line], URL:

                                                                                                                                                    Kallmann, F.J. (1952), “Comparative Twin Study on the Genetic Aspects of Male Homosexuality,” Journal of Nervous and Mental Diseases, 115:283-298.

                                                                                                                                                    King, M. and E. McDonald (1992), “Homosexuals Who are Twins: A Study of 46 Probands,” The British Journal of Psychiatry, 160: 407-409.

                                                                                                                                                    Kinsey, A.C. W.B. Pomeroy, C.E. Martin (1948), Sexual Behavior in the Human Male (Philadelphia, PA: W.B. Saunders).

                                                                                                                                                    Kinsey, A.C. W.B. Pomeroy, C.E. Martin, P. H. Gebhard (1953), Sexual Behavior in the Human Female (Philadelphia, PA: W.B. Saunders).

                                                                                                                                                    Laumann, Edward O., John H. Gagnon, Robert T. Michael, and Stuart Michaels (1994), The Social Organization of Sexuality: Sexual Practices in the United States (Chicago, IL: University of Chicago Press).

                                                                                                                                                    LeVay, Simon (1991), “A Difference in Hypothalamic Structure Between Heterosexual and Homosexual Men,” Science, 253:1034-1037, August 30.

                                                                                                                                                    Mann, Charles (1994), “Behavioral Genetics in Transition,” Science, 264:1686-1689, June 17.

                                                                                                                                                    Marcus, Eric (1993), Is It a Choice? (San Francisco, CA: Harper).

                                                                                                                                                    NCBI (2004), “Human Genome Resources,” [On-line], URL:

                                                                                                                                                    Nicolosi, Joseph, A. Dean Byrd, and Richard Potts (2000), “Retrospective Self-reports of Changes in Homosexual Orientation: A Consumer Survey of Conversion Therapy Clients,” Psychological Reports, 86:1071-1088, June.

                                                                                                                                                    Rainer, J.D., A. Mesnikoff, LC. Kolb, and A. Carr (1960), “Homosexuality and Heterosexuality in Identical Twins,” Psychosomatic Medicine, 22:251-259.

                                                                                                                                                    Reinisch, June M. and Ruth Beasley (1990) The Kinsey Institute New Report on Sex (New York: St. Martin’s Press).

                                                                                                                                                    Rice, George, Carol Anderson, Neil Risch, and George Ebers (1999), “Male Homosexuality: Absence of Linkage to Microsatellite Markers at Xq28,” Science, 284:665-667, April 23.

                                                                                                                                                    Risch, Neil, Elizabeth Squires-Wheeler, and Bronya J.B. Keats (1993), “Male Sexual Orientation and Genetic Evidence,” Science, 262:2063-2064, December 24.

                                                                                                                                                    Shepherd, Gordon M. (1994) Neurobiology (Oxford: Oxford University Press), third edition.

                                                                                                                                                    Spitzer, Robert L. (2003), “Can Some Gay Men and Lesbians Change Their Sexual Orientation?,” Archives of Sexual Behavior, 32[5]:403-417, October 5.

                                                                                                                                                    VandeHei, Jim (2004), “Dean Says Faith Swayed Decision on Gay Unions,” The Washington Post, p. A-1, January 8.

                                                                                                                                                    Wickelgren, Ingrid (1999), “Discovery of ‘Gay Gene’ Questioned,” Science, 284:571, April 23.

                                                                                                                                                      #4.40 - Mon Jun 4, 2012 5:17 PM EDT

                                                                                                                                                      Tod...so, you're not just a bigot...you an a$$hole as well? Wow, that's fantastic! You do your kind proud!

                                                                                                                                                        #4.41 - Wed Jun 13, 2012 3:26 PM EDT
                                                                                                                                                        Reply

                                                                                                                                                        "...and another one bites the dust"....

                                                                                                                                                        Yahoo!

                                                                                                                                                        I'm straight and damm glad that anti-gay laws are biting the dust and dying out.

                                                                                                                                                        I'm sure that this will be appealed to the Supreme Court where it's being unconstitutional will be upheld.

                                                                                                                                                        Then the attack on the constitutionality of these anti-gay laws in the states. Once federal constitutionality is established, state laws will fall away like sooo much old waste.

                                                                                                                                                        • 77 votes
                                                                                                                                                        #5 - Thu May 31, 2012 10:48 AM EDT

                                                                                                                                                        Former Marine Sgt - perhaps you don't understand what our founding fathers were afraid of. They and those who finally agreed to a United States were afraid of a big government telling each state what they could and couldn't do and were also very afraid of the big government getting involved in every day life and dictating to the people what was what. This is a battle for state rights, which allows you to move to another state if you don't like your state. It is sad people like who don't understand the founding of this country, and defend it. The court has declared this as unconstitutional, but I ask the question, if that be the case, then polygamists, brothers marrying sisters, dad's marrying daughters, the whole works then would also be protected by the constitution. You people are too busy wrapping yourself in the blanket of the constitution when it adheres to your immoral ways, but throw it away or say it needs to be re-written when it works against you.

                                                                                                                                                        • 12 votes
                                                                                                                                                        #5.1 - Thu May 31, 2012 11:00 AM EDT
                                                                                                                                                        Comment author avatarpaul-3506302Expand Comment Comment collapsed by the community

                                                                                                                                                        Shame on you Marine, what a shining example you are. I know and work with many Marines and they are totally opposite with your views, are you a closet Marine?

                                                                                                                                                        • 8 votes
                                                                                                                                                        #5.2 - Thu May 31, 2012 11:04 AM EDT

                                                                                                                                                        Thank you for your service and for your forward-thinking.

                                                                                                                                                        • 29 votes
                                                                                                                                                        #5.3 - Thu May 31, 2012 11:06 AM EDT

                                                                                                                                                        WRONG, Dwayne, this is a battle for civil rights, which means that one can live free from discrimination in one state and still be free from discrimination if one moves to another state.

                                                                                                                                                        It is sad people like who don't understand the founding of this country, and defend it.

                                                                                                                                                        Apparently you are one of those people who don't understand the founding of this country.

                                                                                                                                                        The court has declared this as unconstitutional, but I ask the question, if that be the case, then polygamists, brothers marrying sisters, dad's marrying daughters, the whole works then would also be protected by the constitution.

                                                                                                                                                        The slippery-slope argument rears its ugly head again! Apparently you also have trouble with the issue of legal consent, nor do you understand it. Furthermore, polygamy has already been dealt with by the Supreme Court; look up Reynolds v. US.

                                                                                                                                                        You people are too busy wrapping yourself in the blanket of the constitution when it adheres to your immoral ways, but throw it away or say it needs to be re-written when it works against you.

                                                                                                                                                        The only "immorality" is being preached by you and your ilk, Dwayne.

                                                                                                                                                        • 33 votes
                                                                                                                                                        #5.4 - Thu May 31, 2012 11:06 AM EDT

                                                                                                                                                        Dwayne - Perhaps you are late to the game, but your slippery slope argument is tired and has been shot down over and over again.

                                                                                                                                                        • 23 votes
                                                                                                                                                        #5.5 - Thu May 31, 2012 11:08 AM EDT

                                                                                                                                                        Dwayne-934031 - What's up? One Civil War wasn't enough? You need to have your a$$ handed to you again?

                                                                                                                                                        By the way, what might be moral to a Christian might be immoral to the rest of us. Please keep your Bible out of our law!

                                                                                                                                                        • 25 votes
                                                                                                                                                        #5.6 - Thu May 31, 2012 11:10 AM EDT

                                                                                                                                                        The problem with allowing this to be a states' rights issue is that so many provisions of federal law are based on marriage, eg social security survivor benefits. How do you propose to apply those equally if two people are legally married in one state but not in another?

                                                                                                                                                        Also please put a cork in your "slippery slope" argument. It's been shot to pieces so many times that I won't waste my time shooting it down again. Also who are you to call anyone immoral if you don't even know them?

                                                                                                                                                        • 19 votes
                                                                                                                                                        #5.7 - Thu May 31, 2012 11:11 AM EDT

                                                                                                                                                        Dwayne-934031=Straw Man!!!!!

                                                                                                                                                        Tell me Dwayne, how are morals supposed to play into the constitution? The constitution is supposed to guarantee life, liberty, and the Pursuit of Happiness, as long as it does not infringe upon the rights of others. How does gay marriage infringe upon the rights of others? By denying marriage to homosexuals you are denying them liberty and the pursuit of hapiness.

                                                                                                                                                        • 29 votes
                                                                                                                                                        #5.8 - Thu May 31, 2012 11:11 AM EDT

                                                                                                                                                        This Marine is EXACTLY RIGHT. The military fights we America can continue to have EQUALITY--the core of who we are.

                                                                                                                                                        • 17 votes
                                                                                                                                                        #5.9 - Thu May 31, 2012 11:15 AM EDT

                                                                                                                                                        Dwayne, glad you got it all figured out what our founding fathers wanted.....only problem with that is what you think you got figured out is your version of it and from this view point your version stinks.......

                                                                                                                                                        • 10 votes
                                                                                                                                                        #5.10 - Thu May 31, 2012 11:16 AM EDT

                                                                                                                                                        Marriage is both a religious and a civil institution, but the religious laws regarding marriage have been used for the civil institution as well. Let the government set the rules for civil marriage, and if people also want a religious marriage, then let them meet the marriage rules for that religion.

                                                                                                                                                        • 12 votes
                                                                                                                                                        #5.11 - Thu May 31, 2012 11:17 AM EDT

                                                                                                                                                        Robert, civil marriage predates organized religion by thousands of years. And in THIS secular nation, legal marriage is strictly a civil contract.

                                                                                                                                                        • 16 votes
                                                                                                                                                        #5.12 - Thu May 31, 2012 11:21 AM EDT

                                                                                                                                                        I have nothing against gays and believe they should have the same benefits as straights, but in a Civil Union situation.

                                                                                                                                                        People complain about it being about morality or religion, but I'm looking outside the box.

                                                                                                                                                        Marriage is a Union between a Man and Woman. When you change that view then other circumstances and and most surely will arise.

                                                                                                                                                        If we allow same sex marriage across the country, what is going to stop the groups who are into polygamy? Different cultures allow men to have multiple wives. And if that's allowed, the feminists will be screaming that women should be allowed to have multiple husbands.

                                                                                                                                                        Where will it end?

                                                                                                                                                        • 6 votes
                                                                                                                                                        #5.13 - Thu May 31, 2012 11:21 AM EDT

                                                                                                                                                        Janine-1645002, nobody is talking about polygamy....how about you stick to arguing against gay marriage (which so far you have failed to do) without bringing polygamy, animals, inanimate objects, into the argument. Why do people always have to compare gay marriage to polygamy. They are not the same! How about first explaining to me, why it should be allowed for a man and a woman, but not a man and a man, or a woman and woman.

                                                                                                                                                        • 17 votes
                                                                                                                                                        #5.14 - Thu May 31, 2012 11:29 AM EDT

                                                                                                                                                        Thank you for your service and intelligence, Marine. Glad to see the fools had misjudged when they claimed all Marines were against the freedom to marry.

                                                                                                                                                        @Janine

                                                                                                                                                        Marriage was never always between a man and woman, and it was never always a religious ceremony. To claim otherwise is to show a distinct lack of historical understanding.

                                                                                                                                                        • 19 votes
                                                                                                                                                        #5.15 - Thu May 31, 2012 11:33 AM EDT

                                                                                                                                                        Life, Liberty, and the Pursuit of Happiness...

                                                                                                                                                        • 9 votes
                                                                                                                                                        #5.16 - Thu May 31, 2012 11:44 AM EDT

                                                                                                                                                        Janine, ..."I have nothing against gays and believe they should have the same benefits as straights, but.....".

                                                                                                                                                        Why is there always a "but" behind statements such as "I have nothing against gays, but....". Either you agree with equal rights or you don't. Apparently you DO have something against gays or you would just let them live their lives.

                                                                                                                                                        • 13 votes
                                                                                                                                                        #5.17 - Thu May 31, 2012 11:48 AM EDT

                                                                                                                                                        Janine, the Supreme Court has ruled that "separate" is not "equal". And neither you nor anyone else owns the word "marriage".

                                                                                                                                                        Furthermore, same-sex marriage was legal in several ancient civilizations, so it was NOT always between a man and a woman.

                                                                                                                                                        • 14 votes
                                                                                                                                                        #5.18 - Thu May 31, 2012 11:50 AM EDT

                                                                                                                                                        the constitution states ''all men are created equal ''--benjamin franklin a composer and signer of this treasured document was a slave holder. he eventually freed his 2 slaves and spoke out against slavery. my point is that while the constitution has served us well it has been amended to correct injustices. interpretation of this document could be amended to marriage is ''between two individuals''----maybe this is the answer to this conflict and would put it to rest.

                                                                                                                                                        • 8 votes
                                                                                                                                                        #5.19 - Thu May 31, 2012 11:56 AM EDT

                                                                                                                                                        Ah, Dwayne, Dwayne, Dwayne. Don't you know that the southern states of the 19th century hid behind "states rights" as an excuse to keep human beings as slaves? Remember how that went? If states rights were the only thing that matters then why have a Federal constitution at all? And the PRIMARY PURPOSE of said constitution is to protect the rights of the citizens of this country against the tyranny of majorities that want to trample on the rights of others.

                                                                                                                                                        FormerMarine Sgt - Well said. I come from a military family myself. Dad served in both Korea and Vietnam and my brother and brother in law both served (in peace time). And none of them are against gay marriage either. People so often assume that our military is populated by nothing but right-wing conservatives. Like any other institution, it is mixed. The enlightened and the unenlightened are found everywhere. I'm glad you are one of the former.

                                                                                                                                                        • 10 votes
                                                                                                                                                        #5.20 - Thu May 31, 2012 12:11 PM EDT

                                                                                                                                                        Dwayne- So Small government HHUUUUUGGGEEEEEEEEE RELIGIOUS GOVERNMENT!!

                                                                                                                                                        remeber abortion, contraceptions,gay marriage? you guys are even trying to block people who are kissing, or what you call "gateways" to sexual activities...

                                                                                                                                                        LOLS, u religious conservatives are complete hypocrites its a joke

                                                                                                                                                        • 6 votes
                                                                                                                                                        #5.21 - Thu May 31, 2012 12:21 PM EDT

                                                                                                                                                        States are NOT a seperate country...

                                                                                                                                                        they are able to tax ,fix infastructures and provide aids. they by no means a bigger or in anyways an entity equal to a country.

                                                                                                                                                        you dont make laws on marriage. IT IS ON NO ONE ABILITY TO COUNTROL.

                                                                                                                                                        the day christians realize that marriage ISNT founded by them and they dont monopolize it will be the day the lunatics fade away

                                                                                                                                                        • 3 votes
                                                                                                                                                        #5.22 - Thu May 31, 2012 12:24 PM EDT

                                                                                                                                                        Marine thank you for your open minded views. You being a Marine fought for the rights of ALL Americans not just certain groups. I'm prior military myself and gay. I fought for my country and the freedoms and liberties this country gives its citizens. As a gay man and have fought for this country EVERYONE deserves to be treated equal not just certain groups and religions.

                                                                                                                                                        To the person who believes being gay is a choice and not being born with it let me ask you a question. Why would SOOOOO many people outcast themselves for family, friends, co-workers if this were a choice? I was born gay and I can honestly tell you I can appreciate a womans beauty however never in my life have i been attracted to them. You can believe what you want but i know whats true.

                                                                                                                                                        • 9 votes
                                                                                                                                                        #5.23 - Thu May 31, 2012 12:52 PM EDT

                                                                                                                                                        Umm excuse me sockurmouth and all you other liberal hippies but the intitute marriage was infact founded by early Christians. Before civilization began to flourish when there was no government and people lived in small pocket communities dispersed about the countryside they did not got a judge to get married; they did it before God and He gave then no financial benefits. Government began as Theocracy meaning that government was intertwined with religion, even based on religion. it wasn't until civilization was WELL established that mankind decided to cut God out of the picture. You think the Egyptian government provided social benefits to its slaves who were married? Back in the day, waaay back in the day when a MAN and a WOMAN got married it was a sacred union between the MAN, the WOMAN, and GOD; government had absolutely NOTHING to do with it. Any idiot who knows the damnedest thing about history would know this. The idea that marriage should be recognized by government is a relatively new ideal. I agree that the Fed should have nothing to do with marriage which means it shouldn't provide benefits to anyone for being married. I agree that issues such as this should be left to the states to decide as was intended when our government was founded. But it is also true that the states should not provide benefits for being married. Government has nothing to do with getting married; you people are just looking for another handout from government...sickening!!

                                                                                                                                                          #5.24 - Thu May 31, 2012 12:53 PM EDT

                                                                                                                                                          Wait, i'm puzzled. If states have the right to define marriage between a man and a woman, as the majority of states have allready done, Then how would the supreme court possibly overturning this mean a thing. If the federal goverment cannot dictate what a state can put into law then the Federal goverment overturning this would not affect the states rights at all. There would still be nothing that can be done to a state that continues to enforce anti gay marriages, correct. So we would still have to hear from all the "enlightened ones" and there PC enablers but short of trying to use their agenda of shame, they would still not be recognized by an individual state. I guess my point is that you can't have it both ways. If states are allowed to enact laws contrary to the federal goverments dictates then how is this a win for the pro gay side. The federal goverment cannot step in and make a state overturn a voter approved law and still maintain states rights.

                                                                                                                                                            #5.25 - Thu May 31, 2012 12:55 PM EDT

                                                                                                                                                            Marriage is not a right. It is a union between a man and a woman. And for you anti-religious freaks, marriage has been going on for centuries before Christ ever walked the earth.

                                                                                                                                                            And for those of you who say that marriage wasn't always simply between a man and a woman you make my point. Cultures long before Christianity, and up to recent times have accepted that a man could have more than one wife at a time. And I'm sure there were cultures where a woman could have more than one husband, although I cannot think of onehand.

                                                                                                                                                            Gays have the same rights any of the rest of us do. They have the right to live where they want. They have the right to go to any college that will accept them, and to achieve whatever success they are capable of.

                                                                                                                                                            • 1 vote
                                                                                                                                                            #5.26 - Thu May 31, 2012 12:58 PM EDT

                                                                                                                                                            Janine i think you should check that...marriage is a right. I'll tell you what we can solve this. Just make a civil agreement...take the word marriage away and everyone will be happy. Have the government take away all the tax breaks for being married and all the tax breaks away for having kids and we'll have the perfect arrangement.....However I doubt you'd go for this arrangement lol

                                                                                                                                                            • 2 votes
                                                                                                                                                            #5.27 - Thu May 31, 2012 1:04 PM EDT

                                                                                                                                                            Dom actually the Supreme Court can. Look at Prop 8 in California the Federal Courts overturned that and it will be seen by the Supreme Court. If the higher court agrees with the Appeals Court then the law in California will be overturned which in effect will probably overturn every constitutional amendment done in other states as well.

                                                                                                                                                            • 2 votes
                                                                                                                                                            #5.28 - Thu May 31, 2012 1:06 PM EDT

                                                                                                                                                            So by that thinking, the Supreme court could also take up the appeals for medical marijuana and eventually overturn what those states approved?. How is that right. If the federal goverment's present laws are against legalizing then how are states able to quasi-legalize it themselves. And by virtue of that how can the federal goverment get involved in gay marriage but ignore marijuana or other hot button issues they don't seem to want to address?.This should be a cut and dry issue but it never is when activists for change get involved. They get away with brushing aside laws that a state, voter majority approved, based on the argument that a simple majority vote isn't enough when it comes to perceived injustices against the minority. This to me is another example of giving an inch and having a foot ripped out of your hands. It is not enough to give gays the same benefits and afford them the same civil rights, now they want to be included in marriage despite the fact that gay marriages have never been performed in western society. This is not a slight against gays this is a defense of the perception and definition of what marriage is, and that has always been between a man and a woman.

                                                                                                                                                              #5.29 - Thu May 31, 2012 1:31 PM EDT

                                                                                                                                                              Ebeneser-Please stop. Your history is far from way off,it is at best; why oh why do you guys continue to base the unity of marriage on christian beliefs"? Christianity is still a very young religion. You cannot prove it in anyway. You can prove that the race of man has been on this planet for millions of years. And if you would take the time to study a little more you would also see that Christianity parallels many religions that predate it.

                                                                                                                                                              But of course you ignore that. You might as well take the stories from National Enquierer as fact too.

                                                                                                                                                              • 1 vote
                                                                                                                                                              #5.30 - Thu May 31, 2012 1:33 PM EDT

                                                                                                                                                              Hey Janine.....You want to get off the polygamy thing? This is about gay marriage, NOT polygamy! What is your obsession with polygamy?

                                                                                                                                                              • 1 vote
                                                                                                                                                              #5.31 - Thu May 31, 2012 1:35 PM EDT

                                                                                                                                                              Being a divorced heterosexual I truly encourage the "unions or defined Marrages" of whom ever may desire them. One facet that escapes me is that these individuals wish to reap the benefits from the government, all I ask in return is that they be required to file joint income taxes and feel the pain of the "Marriage Penalty". then and only then can they and the rest of married society be truly equal in the eyes of the law and without regard to religous preference.

                                                                                                                                                                #5.32 - Thu May 31, 2012 1:39 PM EDT

                                                                                                                                                                Umm excuse me sockurmouth and all you other liberal hippies but the intitute marriage was infact founded by early Christians.

                                                                                                                                                                WRONG. Civil marriage predates organized religion by thousands of years. Religion did not involve itself in marriage until around the mid-1500s.

                                                                                                                                                                • 1 vote
                                                                                                                                                                #5.33 - Thu May 31, 2012 1:41 PM EDT

                                                                                                                                                                @Ebeneser Howard

                                                                                                                                                                "Umm excuse me sockurmouth and all you other liberal hippies but the intitute marriage was infact founded by early Christians"

                                                                                                                                                                Then I guess we just have to forget about the Jewish Marriages that predated Christianity, or maybe the Chineese marriages that predate Chrisitanity - or perhaps even forget all the ancient Egyptians and their marriages.

                                                                                                                                                                You sir are wishfully thinking that Christianity has some sort of monopoly on marriage. Until the 19th century (and even well into it) marriage had little or nothing to do with religeon or love, it was all about transfer of property rights to male heirs and the acquisition of land.

                                                                                                                                                                • 1 vote
                                                                                                                                                                #5.34 - Thu May 31, 2012 1:42 PM EDT

                                                                                                                                                                So many historeligions, so few historians.

                                                                                                                                                                  #5.35 - Thu May 31, 2012 1:44 PM EDT

                                                                                                                                                                  Dom, 'States' have the right NOT to marry LGBT couples, they DO NOT have the right to infringe on the equal rights provided LGBTs by law of the 14th Amendment, including marriage, or anything that encompasses it. States DO have to recognize those marriages from other States allowing same sex marriages (as with ANY legal two-consenting adult marriages) under the same interstate laws that cover transportation and commerce., which is Federal law, and so trumps any State law. Of course we will never see the right-leaning SCOTUS using partisan politics affecting decisions (i.e. Citizens United) to ever be brought up on impeachment charges because the process has to begin in the House, which is controlled by the GOP.

                                                                                                                                                                    #5.36 - Thu May 31, 2012 1:45 PM EDT

                                                                                                                                                                    Umm excuse me sockurmouth and all you other liberal hippies but the intitute marriage was infact founded by early Christians.

                                                                                                                                                                    Woah now, there's some misinformation. The oldest record of marriage shows that it was around 4350 B.C. and originally marriage consisted of multiples families that were loosely organized with several male leaders who had multiple wives. The first documented marriage between one man and one woman was around 2350 B.C. and it's primary purpose was to bind women to men so that the man would know for certain that the child he was supporting was his own

                                                                                                                                                                      #5.37 - Thu May 31, 2012 1:52 PM EDT

                                                                                                                                                                      "So many historeligions, so few historians."

                                                                                                                                                                      In order to believe the holy books of most religeons you have to ignore what actually happend in history.

                                                                                                                                                                      Evidence has this annoying trait of proving dogma wrong and the zealots can't handle it - its presicely why we have pseudo-sciences that are beholden to superstition like creationism or astrology.

                                                                                                                                                                        #5.38 - Thu May 31, 2012 2:16 PM EDT

                                                                                                                                                                        "Gays and lesbians have the right to get married and be miserable just like all the hetro married couples out there."

                                                                                                                                                                        Cindi Lauper

                                                                                                                                                                        • 1 vote
                                                                                                                                                                        #5.39 - Thu May 31, 2012 2:17 PM EDT

                                                                                                                                                                        @Ebeneser, ok, if marriage was founded by early Christians, how was Julius Caesar married three times (first died, second divorced, third survived Julius), yet died in 44 BC? You do understand what BC stands for, right?

                                                                                                                                                                          #5.40 - Thu May 31, 2012 2:30 PM EDT

                                                                                                                                                                          are you a closet Marine?

                                                                                                                                                                          paul-3506302, you are suspended for a day for violating rule # 1 of the Code of Honor.

                                                                                                                                                                          Above all else, respect others. Address issues and arguments and refrain from making personal attacks.

                                                                                                                                                                          • 1 vote
                                                                                                                                                                          #5.41 - Thu May 31, 2012 2:41 PM EDT

                                                                                                                                                                          For those that bring up polygamy and bestiality........besides the rampant stupidity of that argument just on its face, another difference is: the court found that DOMA discriminates against gay people. Sexual orientation is a specific protected class; you cannot discriminate based on gender, religion, disability, race, or sexual orientation. That's why hate crimes carry additional penalties.

                                                                                                                                                                          Saying you can't discriminate against gays does not mean that we would have to allow polygamy or bestiality. It's a ridiculous argument no matter which way you slice it.

                                                                                                                                                                            #5.42 - Thu May 31, 2012 2:56 PM EDT

                                                                                                                                                                            Funny part it was two rebub and one dem judges who made this decision, lol.

                                                                                                                                                                            Funnu how many repub judges eventually learn the truth after time

                                                                                                                                                                              #5.43 - Thu May 31, 2012 7:27 PM EDT
                                                                                                                                                                              Reply
                                                                                                                                                                              Comment author avatarDwayne-934031Expand Comment Comment collapsed by the community

                                                                                                                                                                              This is such a load of garbage. The constitution guarantees protection against being treated unfairly for things such as race, gender, not a way of life. Liberals can't have it both ways. You can throw polygamists in jail for having more than one wife, and yet declare that the constitution protects two men or two women from getting married. Leave it to the activist judges - maybe our anger toward the politicians is misdirected - we need to take our anger out on the judges and make sure they can't get re-elected when they make decisions based against the law. They aren't there to interpret or rewrite the law. They're supposed to take the law that is written, and rule based on that.

                                                                                                                                                                              • 9 votes
                                                                                                                                                                              #6 - Thu May 31, 2012 10:49 AM EDT

                                                                                                                                                                              Just because you disagree doesn't make them activists or make them 'redefining law and the constitution'.

                                                                                                                                                                              I like how people claim activist judges whenever a case is decided against how they think society should be - but get damm happy when these activist judges go outside of the law to decide a case in your favor.

                                                                                                                                                                              It just goes to show how narrow minded some people are.

                                                                                                                                                                              • 22 votes
                                                                                                                                                                              #6.1 - Thu May 31, 2012 10:52 AM EDT

                                                                                                                                                                              And originally the law said nothing about same sex couples. This is is trying to put the law back to how it was- not change how its always been. This law should have never been enacted in the first place.

                                                                                                                                                                              • 7 votes
                                                                                                                                                                              #6.2 - Thu May 31, 2012 10:54 AM EDT

                                                                                                                                                                              They're not elected they are appointed and all citizens are equal under the law in case you missed that part too.

                                                                                                                                                                              • 12 votes
                                                                                                                                                                              #6.3 - Thu May 31, 2012 10:54 AM EDT

                                                                                                                                                                              Dwayne - yes, we liberals are such a bad thing for the country! After all, we want liberty, justice, and equal rights for all of its citizens! I'm guessing you dropped out of school prior to your civics lessons - you would have learned that it actually is the job of the judicial branch to interpret laws and base their rulings on them. That is how our system works!!!

                                                                                                                                                                              • 16 votes
                                                                                                                                                                              #6.4 - Thu May 31, 2012 10:55 AM EDT

                                                                                                                                                                              Interpreting the meaning of the law IS their job, nor are federal judges elected.

                                                                                                                                                                              I really do not see how this comparison is accurate. All the homosexuals want is to be legally married under the law, for tax and legal purposes. This is not legal in the United States for polygamist couples.

                                                                                                                                                                              The issue is equality to straight COUPLES.

                                                                                                                                                                              Personally, i don't care if people are polygamist, whatever floats their boat. However, the issue is marriage equality

                                                                                                                                                                              • 9 votes
                                                                                                                                                                              #6.5 - Thu May 31, 2012 10:55 AM EDT

                                                                                                                                                                              Polygamy has more than 2 people involved, homosexual marriage involves ONLY two people. Besides, don't you think that maybe legalizing gay marriage might open doors to allow polygamy? Sheesh. You wanna WAH-burger with your french-cries?

                                                                                                                                                                              • 3 votes
                                                                                                                                                                              #6.6 - Thu May 31, 2012 10:55 AM EDT

                                                                                                                                                                              Actually polygamy laws would be applied equally against everybody, not just straights. Thus, anti-polygamy laws are constitutional. Anti-gay laws are treating part of the population differently than the rest. You may have religious reasons to be biased, but that's not how the Constitution works (it's not built around religion like the muslim laws that YOU hate so much). There's nothing activist about this ruling. It's simply applying rights equally to all people. I know you'd prefer to base laws upon your narrow hate-based vision, but that's just not how the Constitution is setup.

                                                                                                                                                                              • 13 votes
                                                                                                                                                                              #6.7 - Thu May 31, 2012 10:55 AM EDT

                                                                                                                                                                              The activist judges are the ones that put Citizen United in place.

                                                                                                                                                                              • 12 votes
                                                                                                                                                                              #6.8 - Thu May 31, 2012 10:57 AM EDT

                                                                                                                                                                              Well, then apparently no one should be eligible for federal benefits for being married. If your opinion that same-sex marriages are a way of life then you must think that opposite-sex marriages are a way of life as well, since not everyone chooses to marry. By your thinking, neither of these "way of life" choices are protected by the constitution and we should just do away with federal benefits for marriage altogether.

                                                                                                                                                                              • 8 votes
                                                                                                                                                                              #6.9 - Thu May 31, 2012 11:00 AM EDT

                                                                                                                                                                              They are taking the law that is written, and ruling on that. Lets break it down:

                                                                                                                                                                              Amendment 10: Powers not delegated to the United States are reserved by the states: The feds, before DOMA, have never ventured into marriage laws. And since its not specifically reserved for them in the constitution, they don't have a say.

                                                                                                                                                                              Article 4 of the US Constitution: Full faith and credit to each states, rulings, proceedings, etc, must be recognized by other states. When you are married in Alabama, you are still married in Nebraska. When you can drive in one state, you can drive in all of them.

                                                                                                                                                                              Then there is that pesky old 14th Amendment, with that equal protection clause - if one person enjoys a right, then all can enjoy that right.

                                                                                                                                                                              And maybe you don't know this, but federal judges are not "elected". They are appointed. They are there for life, and you can't recall them.

                                                                                                                                                                              • 5 votes
                                                                                                                                                                              #6.10 - Thu May 31, 2012 11:01 AM EDT

                                                                                                                                                                              Diana - you forget what equal protection is really meant. It does not cover a way of life that is immoral. Otherwise, you'd better protect the guy in Arizona who was thrown in jail for having mulitple wives, for marrying kids, etc. My point is, the gays are gaining ground due to money, and liberals aren't fighting for the polygamist, yet the liberals will slam the conservative person for saying "NO". Even liberals don't treat all people equal - only the ones who have money or live immoral.

                                                                                                                                                                              • 1 vote
                                                                                                                                                                              #6.11 - Thu May 31, 2012 11:04 AM EDT

                                                                                                                                                                              @Dwayne, there is no federal law against polygamy, only state laws. You may want to reread the editorial, this decision is about a federal law that interferes with state rights to define marriage.

                                                                                                                                                                              • 4 votes
                                                                                                                                                                              #6.12 - Thu May 31, 2012 11:05 AM EDT

                                                                                                                                                                              Liberals can't have it both ways. You can throw polygamists in jail for having more than one wife, and yet declare that the constitution protects two men or two women from getting married.

                                                                                                                                                                              I'm not sure what Liberals you're talking to but most Liberals aren't for putting polygamists in jail...even those who don't agree with it.

                                                                                                                                                                              we need to take our anger out on the judges and make sure they can't get re-elected

                                                                                                                                                                              I believe federal appealate judges are appointed not elected.

                                                                                                                                                                              They aren't there to interpret or rewrite the law.

                                                                                                                                                                              That's EXACTLY why they're there.

                                                                                                                                                                              • 5 votes
                                                                                                                                                                              #6.13 - Thu May 31, 2012 11:07 AM EDT

                                                                                                                                                                              John Tate - again, if you are going to rejoice that gays are protected by the constitution, then you need to work hard to protect all the other classes or way of life no matter what anyone does. You can't pick and choose what you want to protect. Its all, or none. Polygamists have their rights too, so why isn't everyone fighting for them too. Also, I know some judges are elected, and others are voted. But, if the president or governor puts in a judge that is doing things wrong, don't forget some judges have been relieved of their duties for doing wrong, and we can always vote out elected officials who purposely put in judges based on their trying to win brownie points with big dollar donors. Or doing like Obama and declaring things thinking it will help with relection like saying he was against, and now he's for.

                                                                                                                                                                              • 2 votes
                                                                                                                                                                              #6.14 - Thu May 31, 2012 11:09 AM EDT

                                                                                                                                                                              It does not cover a way of life that is immoral.

                                                                                                                                                                              Morality is subjective, Dwayne, which is why it is not legislated. Furthermore, homosexuality is no more a "way of life" than heterosexuality is. I consider your ignorance and bigotry immoral.

                                                                                                                                                                              • 6 votes
                                                                                                                                                                              #6.15 - Thu May 31, 2012 11:10 AM EDT

                                                                                                                                                                              Activist judges? The majority of the 1st Circuit justices are Reagan and Bush I and II appointees (which, as we see here, doesn't necessarily preclude a reasoned decision). If you want to see activist judges, they hang out in that pretty building across from the Capitol.

                                                                                                                                                                              • 3 votes
                                                                                                                                                                              #6.16 - Thu May 31, 2012 11:24 AM EDT

                                                                                                                                                                              and Ethan, let's not forget the 9th Amendment:

                                                                                                                                                                              "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

                                                                                                                                                                              In other words, just because a right is not explicitly written into the Constitution, it doesn't mean that you don't have it.

                                                                                                                                                                              Wingnuts who scream about the Constitution need to actually read and understand it. They're like the idiot Colbert interviewed who demanded that the Ten Commandments be posted, but couldn't recite them.

                                                                                                                                                                              • 4 votes
                                                                                                                                                                              #6.17 - Thu May 31, 2012 11:26 AM EDT

                                                                                                                                                                              What part of injecting religion into OUR political process that is moral? Besides, when did love between two consenting adults become immoral? I think you're the on that has skewed morals.

                                                                                                                                                                              • 3 votes
                                                                                                                                                                              #6.18 - Thu May 31, 2012 12:46 PM EDT

                                                                                                                                                                              The constitution guarantees protection against being treated unfairly for things such as race, gender, not a way of life. Liberals can't have it both ways. You can throw polygamists in jail for having more than one wife, and yet declare that the constitution protects two men or two women from getting married

                                                                                                                                                                              There is a difference, polygomy is currently illegal, being gay is not. You are comparing apples to oranges.

                                                                                                                                                                                #6.19 - Thu May 31, 2012 3:42 PM EDT

                                                                                                                                                                                Dwayne, it's Dina by the way not Diana unless you were addressing someone else. Your feelings of what is immoral or not are based on your religious teachings which is fine, that is your right. BUT, your church does NOT have the right to determine what is moral or immoral for another person(s). That is where your confusion lies. What goes on in other people's bedrooms is quite frankly non of anyone elses damn business.

                                                                                                                                                                                  #6.20 - Thu May 31, 2012 3:51 PM EDT
                                                                                                                                                                                  Reply

                                                                                                                                                                                  Wahoo!! I am starting to feel hopeful again that we can be a country not ruled by ignorance. Good call by the judiciary!Let the Right go live in Amercia (as per the Romney typo haha) and set up their own land. This country was supposedly founded on freedom and until each citizen and domestic partnership has rights and is respected, then none of us can fully enjoy ours!

                                                                                                                                                                                  • 19 votes
                                                                                                                                                                                  Reply#7 - Thu May 31, 2012 10:49 AM EDT

                                                                                                                                                                                  As a homophope, I agree with "marriage" being between a man and a woman. But also agree that any domestic partner should have rights as a couple, as long as they don't call it marriage.

                                                                                                                                                                                  God Bless

                                                                                                                                                                                  • 4 votes
                                                                                                                                                                                  #7.1 - Thu May 31, 2012 11:27 AM EDT

                                                                                                                                                                                  But also agree that any domestic partner should have rights as a couple, as long as they don't call it marriage.

                                                                                                                                                                                  I'm sorry, but you're wrong. Marriage is a civil matter, and subject to all rights and freedoms thereof. "Holy Matrimony" is your religious institution, and you can keep that.

                                                                                                                                                                                  • 15 votes
                                                                                                                                                                                  #7.2 - Thu May 31, 2012 11:36 AM EDT
                                                                                                                                                                                  Comment author avataralwayzrightExpand Comment Comment collapsed by the community

                                                                                                                                                                                  Sorry, allswell...I really don't agree. I think if your a gay male. you should worry more about anti-sodomy laws on the books in most states rather than same sex marriage. If your gay chicks. I just wanna watch...

                                                                                                                                                                                  • 1 vote
                                                                                                                                                                                  #7.3 - Thu May 31, 2012 11:48 AM EDT

                                                                                                                                                                                  "marriage" is not founded by christianity...

                                                                                                                                                                                  this practice has been around thousands of years before the world christianity was even muttered.

                                                                                                                                                                                  this can date back to china, india, egypt and greece...

                                                                                                                                                                                  If your gay chicks. I just wanna watch...

                                                                                                                                                                                  thats pathetic.....

                                                                                                                                                                                  A self righteous person, sitting upon his high horse, overlooking the crowd from a balcony judging people as if they are "gods"

                                                                                                                                                                                  but ofcourse, you are alwayzright...

                                                                                                                                                                                  • 6 votes
                                                                                                                                                                                  #7.4 - Thu May 31, 2012 12:27 PM EDT

                                                                                                                                                                                  Uh, AR? Sodomy laws were all overturned in 2003. How can you hope to contribute to the discussion if you don't even know that basic fact?

                                                                                                                                                                                  • 3 votes
                                                                                                                                                                                  #7.5 - Thu May 31, 2012 12:44 PM EDT

                                                                                                                                                                                  alwayzright - I think if your a gay male. you should worry more about anti-sodomy laws on the books in most states rather than same sex marriage.

                                                                                                                                                                                  Those were all ruled unconstitutional in 2003 in Lawrence v Texas. They're a non-issue today.

                                                                                                                                                                                  Fun fact - the only part of the Texas sodomy statute which still stands is the part that legalized bestiality. Rather typical for the bible belt.

                                                                                                                                                                                  • 7 votes
                                                                                                                                                                                  #7.6 - Thu May 31, 2012 12:47 PM EDT

                                                                                                                                                                                  Alwayzright, I hate to break it to you. The anti-sodomy laws were found unconstitutional years ago.

                                                                                                                                                                                  So, you want to watch two women make love? Maybe you are the one that is sick?

                                                                                                                                                                                  • 3 votes
                                                                                                                                                                                  #7.7 - Thu May 31, 2012 12:49 PM EDT

                                                                                                                                                                                  So, all thefags are allowed to take sodomy?....man, i must of missed that legislation. forgive me im just as out of touch as my picture.

                                                                                                                                                                                  • 1 vote
                                                                                                                                                                                  #7.8 - Thu May 31, 2012 1:00 PM EDT

                                                                                                                                                                                  alwayzright - So, all thefags are allowed to take sodomy?

                                                                                                                                                                                  Yep, just like straight couples.

                                                                                                                                                                                  • 2 votes
                                                                                                                                                                                  #7.9 - Thu May 31, 2012 1:35 PM EDT

                                                                                                                                                                                  Alwayzright- You almost made some points before,but blew it when you brought in sodomy laws. The reason they had to overturn them was not because of homosexuals; It was because the heterosexuals didn't want to go to jail either.

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                                                                                                                                                                                  #7.10 - Thu May 31, 2012 1:45 PM EDT

                                                                                                                                                                                  So, all thefags are allowed to take sodomy?....man, i must of missed that legislation. forgive me im just as out of touch as my picture.

                                                                                                                                                                                  All people can commit sodomy, in their own private lives, between consenting individuals.

                                                                                                                                                                                  Multi-accounter.

                                                                                                                                                                                  • 1 vote
                                                                                                                                                                                  #7.11 - Thu May 31, 2012 1:45 PM EDT

                                                                                                                                                                                  as a heterophobe, I believe there should only be marriage between the same sex, and all other kinds are against my beliefs, and if you do not agree, you are forcing you life on me...

                                                                                                                                                                                  • 2 votes
                                                                                                                                                                                  #7.12 - Thu May 31, 2012 3:35 PM EDT
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                                                                                                                                                                                  YES - Every now and then, common sense and humanity DOES prevail!

                                                                                                                                                                                  • 23 votes
                                                                                                                                                                                  Reply#8 - Thu May 31, 2012 10:50 AM EDT
                                                                                                                                                                                  Comment author avataralwayzrightExpand Comment Comment collapsed by the community

                                                                                                                                                                                  If common sense prevailed, we would have to have a ruling. everyone would be straight...just saying

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                                                                                                                                                                                  #8.1 - Thu May 31, 2012 11:43 AM EDT

                                                                                                                                                                                  Your username says it all. And no, you aren't.

                                                                                                                                                                                  • 6 votes
                                                                                                                                                                                  #8.2 - Thu May 31, 2012 12:01 PM EDT

                                                                                                                                                                                  i would one day like to look into your life and tell you what is right and wrong...

                                                                                                                                                                                  i will judge you for the person you are

                                                                                                                                                                                  i will tell you who to know

                                                                                                                                                                                  who to marry, how to act

                                                                                                                                                                                  but ofcourse im not a bigot

                                                                                                                                                                                  LOL....

                                                                                                                                                                                  take the bible and shove it into somone else's mouth

                                                                                                                                                                                  people do not tolerate the intolerant

                                                                                                                                                                                  • 4 votes
                                                                                                                                                                                  #8.3 - Thu May 31, 2012 12:29 PM EDT

                                                                                                                                                                                  Every now and then, common sense and humanity DOES prevail!

                                                                                                                                                                                  Just not this time.

                                                                                                                                                                                  • 2 votes
                                                                                                                                                                                  #8.4 - Thu May 31, 2012 4:34 PM EDT
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                                                                                                                                                                                  I believe that gay couples should have the same rights and benefits as straight couples. I also believe that a church has the right to deny such a marriage to take place in church should they so choose. I don't believe that the church would be right in doing so, however, they have that right.

                                                                                                                                                                                  • 38 votes
                                                                                                                                                                                  #9 - Thu May 31, 2012 10:51 AM EDT

                                                                                                                                                                                  I also believe that a church has the right to deny such a marriage to take place in church should they so choose.

                                                                                                                                                                                  You are absolutely correct in your belief. That is the American way.

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                                                                                                                                                                                  #9.1 - Thu May 31, 2012 10:53 AM EDT

                                                                                                                                                                                  You are completely right. It's almost as if you have heard of equal rights under the law and Separation of church and state.

                                                                                                                                                                                  • 16 votes
                                                                                                                                                                                  #9.2 - Thu May 31, 2012 10:59 AM EDT

                                                                                                                                                                                  Non-issue just as it always has been. No Christian church has ever been forced to perform a Buddhist marriage ceremony. Catholic churches routinely refuse to perform ceremonies for divorcees. Thus far the only reasons I have ever seen churches brought up during a discussion of legal marriage was as a fear tactic.

                                                                                                                                                                                  • 22 votes
                                                                                                                                                                                  #9.3 - Thu May 31, 2012 11:11 AM EDT

                                                                                                                                                                                  Agree, There should be no objections to the courts decision.

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                                                                                                                                                                                  #9.4 - Thu May 31, 2012 11:29 AM EDT

                                                                                                                                                                                  Marriage really has nothing to do with religion anyway. Marriage is a financial and social contract period.

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                                                                                                                                                                                  #9.5 - Thu May 31, 2012 11:36 AM EDT

                                                                                                                                                                                  Agreed omega-1, no church should be required to perform actions that violate their tenants, provided it is within their private grounds (I add this to avoid the inevitable health care debate, which would be off-topic). An overseeing government official should be all it takes.

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                                                                                                                                                                                  #9.6 - Thu May 31, 2012 11:38 AM EDT

                                                                                                                                                                                  I also believe a church should decide who they allow and don't allow to have ceremonies in thier buildings. However, such discrimination (if you want to call it that, will be challenged on the basis of discrimination). This action could place the church's tax exempt status in jeopardy. The issue is a lot more complex then the simple rights of receiving Federal benefits. Ultimately it will be decided by the Supreme Court

                                                                                                                                                                                  • 4 votes
                                                                                                                                                                                  #9.7 - Thu May 31, 2012 11:39 AM EDT

                                                                                                                                                                                  Actually, and real church would be more than happy to perform a wedding ceremony for a gay couple. It's only the false ones that would not. Want a real religious ceremony? Go Pastafarian! Because Pirates are Cool!

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                                                                                                                                                                                  #9.8 - Thu May 31, 2012 11:47 AM EDT

                                                                                                                                                                                  JMR - I'll repeat myself. Has any Christian church lost its tax exempt status because it wouldn't perform a Buddhist ceremony? Has any Catholic church lost its tax exempt status because it wouldn't perform a ceremony for divorcees?

                                                                                                                                                                                  No. And no. Fear tactic shot down.

                                                                                                                                                                                  • 8 votes
                                                                                                                                                                                  #9.9 - Thu May 31, 2012 12:00 PM EDT

                                                                                                                                                                                  Understand this, church by church, the religion changes. its a cult. there are some churchs that support it.

                                                                                                                                                                                  churchs are little shop set around every other block, they offer to "save" people for a price. and gets more money for a community gathering

                                                                                                                                                                                  if the church doesnt wanna do it, no law shall make them. for the church that do, they shall.

                                                                                                                                                                                  if this is the case, WHY DID PEOPLE BAN IT ALL TOGETHER, ANNNNDDD CIVIL UNION O.O!!!???

                                                                                                                                                                                  • 1 vote
                                                                                                                                                                                  #9.10 - Thu May 31, 2012 12:31 PM EDT

                                                                                                                                                                                  JMR-941662 - I also believe a church should decide who they allow and don't allow to have ceremonies in thier buildings. However, such discrimination (if you want to call it that, will be challenged on the basis of discrimination). This action could place the church's tax exempt status in jeopardy.

                                                                                                                                                                                  Utter nonsense.

                                                                                                                                                                                  Either you don't understand the difference between a secular legal contract and an irrelevant religious ritual, or you've never heard of the 1st Amendment.

                                                                                                                                                                                  There's a reason 71% of Catholics support marriage equality, because they understand the difference.

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                                                                                                                                                                                  #9.11 - Thu May 31, 2012 12:50 PM EDT

                                                                                                                                                                                  jmr..I think it would not effect a churches tax exempt status. For example, you cannot get married in the Catholic church if you are divorced and have not had the first marriage annulled per the policy of the catholic church. So, the Catholic church would not be accused of discrimination based on it's policies because same sex couples are not the only couples effected by Catholic policy.

                                                                                                                                                                                  Civil ceremonies should absolutely be allowed to take place and be acknowledged as legal for same sex marriages. However, the church/state policies should be the priority when it comes to same sex marriages. I am sure there are plenty of churches that would marry a same sex couple though.

                                                                                                                                                                                  • 2 votes
                                                                                                                                                                                  #9.12 - Thu May 31, 2012 12:57 PM EDT

                                                                                                                                                                                  the difference is that catholics accept their "shunning". Gays like to sue to get what they want, where they want.

                                                                                                                                                                                    #9.13 - Thu May 31, 2012 4:50 PM EDT

                                                                                                                                                                                    Gays like to sue to get what they want, where they want.

                                                                                                                                                                                    When has a gay couple sued a church for refusing to marry them?

                                                                                                                                                                                    • 1 vote
                                                                                                                                                                                    #9.14 - Thu May 31, 2012 5:43 PM EDT

                                                                                                                                                                                    To all of you above:

                                                                                                                                                                                    There are already laws in place that allow churches to marry who they wish. A religious institution already has the right to, for example, require that couples be members of that religion or even that specific congregation before they will marry them. They can deny marriage by their officials and in their institutions whenver, however they want. Gay marriage will not change this.

                                                                                                                                                                                    Anyone claiming that the problem with gay marriage is that it will forces churches to have to provide them with marriages is either:
                                                                                                                                                                                    1.) ignorant of the fact that a law already exists allowing churches to marry or not marry whomever they wish. Given that they are so ignorant on the subject that they don't even understand this, you should probably not bother debating with them. As they have made it clear they are not interested in research any part of the debate.|

                                                                                                                                                                                    2.) Is aware of the these laws and is purposely feeding misinformation to convince people to vote against gay marriage. In this case, they are dishonest and you should not bother debating with them either.

                                                                                                                                                                                    Moral of the story: Don't bother talking to anybody claiming that churches would have to marry gays/lesbian if same-sex marriage was legal.

                                                                                                                                                                                      #9.15 - Fri Jun 1, 2012 4:01 PM EDT
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