Did Supreme Court justice tip hand on gay marriage?

Elise Amendola / AP file

Keegan O'Brien of Worcester, Mass., leads chants as members of the LGBT community protest the Defense of Marriage Act outside a Democratic National Committee fundraiser in Boston on June 23, 2009. A battle over the federal law appears headed for the Supreme Court after an appeals court ruled on May 31, 2012, that denying benefits to married gay couples is unconstitutional.

When Justice Ruth Bader Ginsburg told a group of students that the Supreme Court would probably hear challenges during its upcoming term to the Defense of Marriage Act, which bars federal recognition of same-sex marriages, she confirmed what many observers were already thinking: The nation’s high court is poised to weigh in on the battle over same-sex marriage.

While answering questions from students at the University of Colorado in Boulder, Ginsburg was asked Wednesday about the equal protection clause and if the court might consider applying it to sexual orientation, an argument used in challenges to DOMA, the 1996 federal law that denies various benefits to same-sex couples.


Though she said she couldn’t discuss matters that would come to the court, she also said, according to The Associated Press: “I think it’s most likely that we will have that issue before the court toward the end of the current term.”

The justices have been asked to hear five different challenges to DOMA that have been decided in lower courts, said Brian Moulton, legal director of Human Rights Campaign, an advocacy group for gay, lesbian, bisexual and transgender rights.

But just one of those, Windsor v. U.S. out of New York state, is listed for the court’s conference on Sept. 24, when they will have a first look at a range of cases seeking to be heard by the justices this year. They may hold that case until they have all of the DOMA challenges in front of them to consider, but Ginsburg’s comments reinforced what they were hoping for, Moulton told NBC News.

“I think it’s quite likely the court will … take one or more of the DOMA cases,” Moulton said. “Beyond that, I think we’re all just kind of waiting to see what that’s going to look like and when that might happen.”

Michael Klarman, a Harvard Law School professor who clerked for Ginsburg nearly 30 years ago when she was a DC Circuit judge, said he assumed that the Supreme Court was likely to take the case, so her comments make “it seem that much more probable.”

AP file

Supreme Court Justice Ruth Bader Ginsburg participates in a panel discussion, on Aug. 3, during the American Bar Association's annual meeting in Chicago.

“ … with a bunch of lower court decisions and this being a pretty important issue, I think most people expected that they would grant review. She didn’t say they have granted review and obviously she is not supposed to say anything until it’s public, but she also has inside knowledge. So, I would say this just increases the likelihood that they’ll review the DOMA case,” said Klarman, author of “From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage.”

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Klarman said opposing sides on the bench, such as liberal justices who support same-sex marriage and conservatives who opposed federal intervention into states’ rights, potentially could come together on the issue.

“I think it’s actually a pretty easy case for them to some extent that’s reflected in the lower court decisions, where even judges who were appointed by Republican presidents have signed on to invalidating the statute,” he said. “So that’s probably a factor in granting review as well … if a bunch of the justices think this is a fairly easy constitutional issue to resolve, it might make them more inclined to grant review.”

He noted, however, that the court could issue a narrow ruling that kicks the issue back to the states or a broad one that would have big implications for state laws and constitutional amendments.

Brian Brown, president of the National Organization for Marriage, which opposes same-sex marriage, said he was confident his side would win the court argument.

“It’s so far out to claim that somehow the states can force the federal government to redefine marriage. That’s so far out legally, I don’t see the Supreme Court siding with these decisions of lower courts,” he said.

DOMA was passed in 1996, when it appeared Hawaii would legalize same-sex 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 plus the District of Columbia.

The Maryland and Washington laws are not yet in effect and are subject to referendums in the November ballot. Maine is also holding a vote on whether to allow same-sex marriage, while voters in Minnesota will decide whether to add a same-sex marriage ban to their state constitution.

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My prediction is, eventually the Supreme Court will rule in favor or gay marriages - just like they did with interracial marriages. This will lead to an uproar for a few years, but just like interracial marriages, in another few years, everyone will step back and ask what the big fuss was about.

  • 171 votes
#1 - Thu Sep 20, 2012 12:56 PM EDT

Took the words out of my mouth, Ron.

  • 53 votes
#1.1 - Thu Sep 20, 2012 1:02 PM EDT

Well put, Ron

  • 44 votes
#1.2 - Thu Sep 20, 2012 1:14 PM EDT

Pretty much my take.

  • 39 votes
#1.3 - Thu Sep 20, 2012 1:18 PM EDT

No matter which way it goes, the issue needs to be settled by the Supreme Court once and for all.

  • 37 votes
#1.4 - Thu Sep 20, 2012 1:24 PM EDT

I agree

The feds need to at least recognize gay marriages, so that people that get married in states that have it can at least file their federal taxes properly.

  • 46 votes
#1.5 - Thu Sep 20, 2012 1:28 PM EDT

Why do you need the government's approval to be married anyway? Why doesn't the government make rules defining a civil union and leave the whole marriage issue to churches. The civil union could give a couple the same contractual rights that a married couple has without having to worry about religious beliefs.

  • 36 votes
#1.6 - Thu Sep 20, 2012 1:31 PM EDT

I still don't think it's going to change the right of a church to preform the ceremony! They don't want to, they won't have to! Watch the fight change!

  • 8 votes
#1.7 - Thu Sep 20, 2012 1:31 PM EDT

The objection to gay marriages is based solely on religious views. There is supposed to be a separation of Church and State. Plus, there's that line about 'all men are created equal' to consider. There is no non-religious argument that can be made to support making gay marriages illegal

This will eventually be heard and gay marriage will be legalized. It's only a matter of time

  • 68 votes
#1.8 - Thu Sep 20, 2012 1:32 PM EDT
Comment author avatarSonofButchExpand Comment Comment collapsed by the community

Making it legal doesn't make it right.

  • 23 votes
#1.9 - Thu Sep 20, 2012 1:36 PM EDT

Making it illegal doesn't make it wrong.

  • 104 votes
#1.10 - Thu Sep 20, 2012 1:37 PM EDT
Comment author avatarskrekkExpand Comment Comment collapsed by the community

mike mm - Why doesn't the government make rules defining a civil union and leave the whole marriage issue to churches.

Sounds like you've confused marriage (a civil legal contract) with holy matrimony (a religious rite).

The civil union could give a couple the same contractual rights that a married couple has without having to worry about religious beliefs.

If you think that's true why don't you dissolve your marriage and get a civil union instead? See how far that gets you with regard to federal rights and benefits or when you travel internationally or even travel between states. Civil unions are only recognized by the state which issued them, but it's good to hear that you support Jim Crow laws.

Do you also support whiites-only drinking fountains?

  • 38 votes
#1.11 - Thu Sep 20, 2012 1:40 PM EDT

Why do you need the government's approval to be married anyway? Why doesn't the government make rules defining a civil union and leave the whole marriage issue to churches. The civil union could give a couple the same contractual rights that a married couple has without having to worry about religious beliefs.

Then you must change the 1000+ laws that mention the word "marriage" to use the term "civil union", and you must do so immediately. Otherwise you are creating a "separate but equal" situation, which have already been ruled to not be constitutional.

Making it legal doesn't make it right.

Nobody cares what your personal definition of right and wrong is. It doesn't apply to anyone else.

  • 45 votes
#1.12 - Thu Sep 20, 2012 1:40 PM EDT

I strongly feel that when gay marriage becomes law that we have to take back all the laws that have been written to grant same sex couples the right to health care and pensions and everything else that was granted to married couples. If you want all those perks you must get married. No more living together and insisting on rights that were allowed for married couples unless you get married.

  • 8 votes
#1.13 - Thu Sep 20, 2012 2:02 PM EDT

I totally agree with most of the comments above. You know gay marriage will be legal soon so why drag it out and make it a divisive social issue in the mean time? Legalize it and get past it... religious bigots can choose not to marry gays in their church and gay people can then have civil marriages or marry in churches that are more accepting of gay people.

As an atheist I don't personally care what churches do but there is no justification for banning gays from enjoying civil marriages. I'm married, I don't believe in god and I didn't marry in a church. I'm tired of organized religion and religious people claiming marriage for themselves. Marriage is a legal contract entered into for many reasons independent of supernatural beliefs. Since marriage grants legal and economic rights it is unconstitutional to ban gay people from benefiting from those rights.

  • 66 votes
#1.14 - Thu Sep 20, 2012 2:09 PM EDT

I still don't think it's going to change the right of a church to preform the ceremony!

@ Bubba

Of course it wouldn't. All of the CURRENT state laws legalizing same sex marriage explicitly allow for religious organizations to opt out of performing a ceremony if it goes against their tenets. I wouldn't expect a SCOTUS ruling to be any different.

BTW: While I support same sex marriage (because, for the life of me, I've never seen a good reason why we should NOT allow it), I do support the provisions that allow religious organizations to opt out on grounds of religious freedom.

  • 24 votes
#1.15 - Thu Sep 20, 2012 2:17 PM EDT

I have a right to be married (yes)! I have a right to be married in a church (????). How many gay people want that right, how many gay people think the church is wrong, how many gay people want the Government to change the churches way of thinking! If your gay you have a right to live (???). I am not gay, but you answer the question! Do gay people have a right to live, if yes they have all other rights, if no they have no rights, simple answer to a simple question!

  • 3 votes
#1.16 - Thu Sep 20, 2012 2:18 PM EDT

Gay marriage is no way any threat to anyone religious beliefs. Marriage is kind of like the NFL. There is the institution of marriage (the NFL) but there is two kinds of marriage. The religious ceremony marriage (the NFC) and the civil ceremony marriage (the AFC). Both the Religious (NFC) and Civil (AFC) are marriage. They operate under the exact same rules and have the same Commissioner (the Government). Allowing gay marriage does not automatically mean that any religion will be forced to perform the marriage ceremony for a same sex couple. It only means they CAN if they chose too. They currently and always have had the right to decide to marry a couple based on their religious beliefs. That will not change. On the civil side all civil servants that officiate over the marriage ceremonies will have to marry any couple that wishes. Just like a police officer they don't get to decide what laws the will enforce base on their beliefs. If they in good conscience can't officiate over a gay marriage due to their religious beliefs then they need to get a new JOB. Just like if your job requires to work Saturday or Sunday and your religious beliefs say you can't. You need to get a new JOB. Either allow gay marriage or disallow all the legal, tax and financial benefits that come along with being married for straight couples.

  • 25 votes
#1.17 - Thu Sep 20, 2012 2:19 PM EDT

Beth agree 100%.

  • 2 votes
#1.18 - Thu Sep 20, 2012 2:22 PM EDT

Making it legal doesn't make it right.

Your claiming it is wrong doesn't make it so.

  • 32 votes
#1.19 - Thu Sep 20, 2012 2:34 PM EDT

I guess I shouldn't be surprised that there are still people out there who believe that their beliefs (religious or other) should outweigh someone's civil rights.

  • 37 votes
#1.20 - Thu Sep 20, 2012 2:38 PM EDT

Why do you need the government's approval to be married anyway? (Mike MM)

A number of sticky points, historically, have lead to where we are today. First and foremost, as a society we recognize that inbreeding causes genetic problems. And we also know about complications that come about in pregnancies -- so we have blood tests. And, of course, there's the all-important issue of who receives benefits from a partner's social security trust fund when that partner dies? Currently, heterosexuals enjoy the benefit of the stay-at-home partner being able to claim the wage-earner partner's social security benefits, if that wage-earner dies. Homosexuals enjoy no such similar treatment.

  • 20 votes
#1.21 - Thu Sep 20, 2012 2:47 PM EDT

Beth-440386 - BTW: While I support same sex marriage (because, for the life of me, I've never seen a good reason why we should NOT allow it), I do support the provisions that allow religious organizations to opt out on grounds of religious freedom.

Just to be clear, such feel-good provisions are absolutely, 100% unnecessary. They might make it easier to pass marriage equality but they're legally irrelevant given the 1st Amendment.

The government simply cannot and does not force any religion to perform a religious ritual or recognize anyone's lawful marriage......otherwise divorced and remarried Catholics could get their divorces recognized by their church and their second marriages blessed by their church.

  • 21 votes
#1.22 - Thu Sep 20, 2012 2:47 PM EDT

Devils son - there is two kinds of marriage. The religious ceremony marriage (the NFC) and the civil ceremony marriage (the AFC). Both the Religious (NFC) and Civil (AFC) are marriage. They operate under the exact same rules and have the same Commissioner (the Government).

Ummmm.......there's actually only one form of marriage. Ask any divorced and remarried Catholic if the rules are the same for marriage as for holy matrimony.

Only the state licenses, regulates and performs marriage, even when it's officiated by a priest acting momentarily as a proxy for the state. The religious rite of holy matrimony (or whatever word your church uses) has absolutely no bearing on your marital status.

  • 15 votes
#1.23 - Thu Sep 20, 2012 2:51 PM EDT

Making it legal doesn't make it right.

Right with your imaginary sky daddy who has given absolutely no proof of His existence in how many thousands of years? Or right with you? Is there really a difference when you get right down to it?

Gays should be treated no differently than we as a society treat infertile heterosexual couples. We don't tell a woman who has already dropped that last egg 'you cannot marry anymore', so it's NOT ONLY about Children. And we don't require marriages to occur only through the function of the Church -- indeed, those are technically 'rites of matrimony', where the secular form is a 'marriage'.

Nobody is telling Churches that they must perform a Holy Rite which is against their fundamentals. But if there is a Church/Mosque/Temple that wishes to perform such rites for homosexuals, WHO THE HELL ARE YOU to tell them they cannot? That freedom of religion sword cuts BOTH ways. Plus, we don't even NEED religious houses to get 'married'. In most states, Judges, Justices of the Peace, or even Notaries, can perform marriages.

  • 22 votes
#1.24 - Thu Sep 20, 2012 2:57 PM EDT
Comment author avatarProBusinessExpand Comment Comment collapsed by the community

So let me see if I get this straight: The Supreme Court justice (Ginsburg) that stated in a television interview regarding Egypt that the United States constitution should not be looked at as the model for Egypt and South Africa constitution would be better. So a Supreme Court justice that doesn't agree with the United States Constitution is going to make a decision on a morally corrupt and wrong subject matter such as gay marriage. Boy, looking forward to THAT decision......

  • 4 votes
#1.25 - Thu Sep 20, 2012 3:10 PM EDT

ProBiz: "a morally corrupt and wrong subject matter such as gay marriage"

Who died and made YOU "god"????

  • 32 votes
#1.26 - Thu Sep 20, 2012 3:23 PM EDT

You're tipping your hand that you aren't too bright. Much like South Africa was when they signed their constitution, Egypt is in a state of upheaval. You can't just force a square peg into a round hole just because it's the American Constitution. How you make that huge jump in logic that Ginsburg doesn't believe in the Constitution based upon that, I'll never know.

LOL, I would take the opinion of a successful and recognized judge over the moronic ramblings of some insignificant fool on an internet messageboard any day of the week.

  • 27 votes
#1.27 - Thu Sep 20, 2012 3:24 PM EDT

ProBiz:" The Supreme Court justice (Ginsburg) that stated in a television interview regarding Egypt that the United States constitution should not be looked at as the model for Egypt and South Africa constitution would be better. So a Supreme Court justice that doesn't agree with the United States Constitution"

Reading comprehension? Ginsberg did NOT say she "doesn't agree with the United States Constitution." She said the "model" for Egypt's new constitution would be "better" if based on the "South African constitution."

That's all. {{{BIG HUG}}} It'll be ok. Glad I could help you "get this straight" (no pun intended). ;^)

  • 20 votes
#1.28 - Thu Sep 20, 2012 3:30 PM EDT

The term marriage needs to be removed from the laws, all laws. Marriage is a Christian rite defined as a covenant entered into by one man and one woman with God. Put civil unions in place for your “legal contract.” Then everyone can have a “legal” relationship with whomever you want. Those of us who want to enter into a holy marriage covenant can do so through our churches.

  • 2 votes
#1.29 - Thu Sep 20, 2012 3:34 PM EDT

Pro,

now you are twisting words again. She state that our constitution would not make sense for Egypt. This is true because there are certain freedoms that cannot be had in the Middle East until they come to realize that their religion is not as important as they are making it right now. They cannot be expected to understand not enforce freedom of speech nor religion.

What she did not say is what you just insinuated. She never said our constitution was no good for us or that she did not like it on principle, only that it made no sense to be pushing it in Egypt or any other Middle East country.

Just,

Too bad you are brainwashed. Marriage predates any modern religion. No religion has any claim to the term "marriage". Any that do, do so immorally.

  • 22 votes
#1.30 - Thu Sep 20, 2012 3:35 PM EDT

I would expect the SCOTUS would issue a narrow ruling that would invalidate DOMA and the Federal Government making a distinction on a Marriage that a state recognizes, but not so broad as to require individual states to recognize those marriages. That will have to be a separate ruling to come down the pike after the uproar about invalidating DOMA and preventing Federal discrimination.

  • 4 votes
#1.31 - Thu Sep 20, 2012 3:46 PM EDT

I have zero problems with gay marriages, but I have a lot of problems with the bigoted people, religions, and other racist groups that want to take away the Gay and Lesbians rights in America. They work and pay taxes just like the rest of the American people, they fight in the wars and die also. They are entitled to 100% equal rights under the laws and the us constitution.

If the bigoted religious people don't like it, the leave the USA. You won't be missed.

  • 31 votes
#1.32 - Thu Sep 20, 2012 3:46 PM EDT

Devil's son - I'm never going to watch the Super Bowl the same way again.

  • 3 votes
#1.33 - Thu Sep 20, 2012 3:50 PM EDT

Ummm, the US constitution is antiquated. I love it, but as a functional document there are far better models out there. Germany's constitution for example is fantastic. They used our help, and all the issues we had struggled with in our constitution and generated a far more functional document.

Our constitution was a first of it's kind. A great document. But like anything, it has been learned from, and improved upon.

  • 14 votes
#1.34 - Thu Sep 20, 2012 4:00 PM EDT

Mike MM: "Why do you need the government's approval to be married anyway? Why doesn't the government make rules defining a civil union and leave the whole marriage issue to churches. The civil union could give a couple the same contractual rights that a married couple has without having to worry about religious beliefs."

You need government's approval because only government recognized marriage is recognized for all the benefits that flow from it..Social Security, survivorship, inheritance...etc...doesn't matter what the hell your church says...if your church doesn't recognize your second marriage but the government does, guess who wins? Case closed on this issue.

When you're ready to tell a heterosexual couple that their ceremony performed in front of a Justice of the Peace at City Hall is not a marriage but a civil union, come back to me and I will entertain your argument.

How wrong you are about civil unions...it does not grant anywhere near the same benefits, tangible or intangible, that the status of marriage provides as recognized by the government. You make the argument that civil unions would provide the same benefits as marriage but without the religious component, yet the same people who argue that gays shouldn't be allowed to marry shouldn't be allowed to get civil unions either because of religious beliefs...but if after all this you still believe that civil unions are the same as marriage, which one do you want for yourself???

  • 8 votes
#1.35 - Thu Sep 20, 2012 4:20 PM EDT

In my non-expert legal opinion, that would be a VERY easy decision. One group of people religious and/or personal beliefs CANNOT be the grounds to deny someone else a privilege afforded and provided by the Federal government. And this is what many opponents to gay marriage can't seem to get.

And NO!!!, civil unions is not enough. The government should not treat any other citizen as "less" than you because of what your beliefs are, or whether or not you think something is gross or "unnatural" or however you want to spin it. Separate but equal also doesn't work. What's good for the goose should be good for the gander - even if the gander likes other ganders or the goose like other geese.

On a related note, how come the plural of goose is geese but the plural of moose isn't meese?

  • 20 votes
#1.36 - Thu Sep 20, 2012 4:55 PM EDT

Gabriel Cammonescro, where in the Constitution does it say anything about seperation of Church and State? What it says is 'the Federal Government shall make no laws concerning religion'. That is there for one thing because at that time three of the founding states had their own state religion and they didn't want the federal govenment to come in and tell them they had to change like what happened in Great Britain, etc. The Soviet Constitution had a clause about seperation of church and state. Marriage is a Biblical union between one man and one woman. I believe a gay couple should be allowed to have a civil union, but not a marriage. I also don't believe gays should recieve special treatment and get special rights. Where is it going to stop if that happens? Next pedophiles are going to want special treatment for there lifestyle choice and those who like having sex with animals will want their union legalized and be called a marriage.

Last month when the big uproar happened over the owner of Chick-fil-a expressing his opinion, the gay community was in an uproar boycotting Chick-fil-a's and here at least a gay-owned restaurant was handing out 'love sandwiches' saying that him expressing his opinion was 'hate'. If straight people boycotted a gay-owned business they would be labeled 'haters' and 'bigots' but it is ok for gays to do the same thing? THAT is discrimation.

It is like the bs going on because of a film that just happened to be produced here in American by an Egyptian national showing Mohammed in a bad light and so Muslims are burning American flags. Now if Christians were to react the same way over all the propaganda the radical Muslims we would again be ostracized.

Gays want to be treated equal but only their interpretation of it. Sttraight people can't disagree with their lifestyle choices but they have every right to do that to straight people. What hypocrites.

  • 1 vote
#1.37 - Thu Sep 20, 2012 5:29 PM EDT

Seems like a lot of arguing over semantics to me. You can call it marriage, holy matrimony, or civil union, but it all boils down to this ...

Making same sex marriage illegal is discrimination, pure and simple.

Call it whatever you like, but I say call it all marriage and if churches don't want to perform the ceremony fine, go elsewhere.

Problem solved.

  • 17 votes
#1.38 - Thu Sep 20, 2012 5:36 PM EDT

Al though I am not gay, or have any desire to be and know this is not for me, I think everyone should have EQUAL RIGHTS....

.....EVERYONE!

  • 13 votes
#1.39 - Thu Sep 20, 2012 5:51 PM EDT

@ The Overlord..

Where did you get the definition of marriage? You say you got married, but where did that come from? Go to the root of the word and the history of the word and find out how marriage came about. You might then find yourself wishing for a civil union since you claim to be atheist. You can't call yourself black if you are not and you can't call yourself Canadian if you are not...so are you married?

    #1.40 - Thu Sep 20, 2012 7:04 PM EDT

    Wesley,

    The 1st Amendment actually says regarding religion:

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

    This means that no laws can be created based on a particular religion and we can't be forced by the govt to believe in or practice a religion or be prohibited from practicing. This means that the gov't cannot disallow gay marriage based on any sort of religious definition or argument. You can stand in front of a minister all day and say your vows and receive blessings, but unless you complete the government marriage licensure process you are not legally married. Marriage is defined by the civil laws, whereas matrimony is the religious aspect of it. People get married every day without any religious connotation whatsoever and guess what, they're just as legally married!

    • 8 votes
    #1.42 - Thu Sep 20, 2012 7:50 PM EDT

    the only people that want this is the gays and the divorce lawyers

    • 2 votes
    #1.43 - Thu Sep 20, 2012 8:04 PM EDT

    Submerged Lumber Guy, your argument is as lame as you are. Gay marriage is not about polygamy, it is not about bestiality, it is not about pedophilia and it is not about necrophilia. Did allowing interracial marriage cause any of those things? No. Did the world end when the military was integrated? No. Did the world end when the slaves were freed? No. Run around spouting your Chicken(a fil A) Little the sky is falling BS all you want. No one is buying it!

    • 12 votes
    #1.44 - Thu Sep 20, 2012 8:24 PM EDT
    Comment author avatarLeslie Grayvia Facebook

    Wesley Quigg, to start with the first amendment establishes the separation of church and state by preventing any attempt to write religious views into law.

    h##p://www.adl.org/issue_religious_freedom/separation_cs_primer.asp

    The founding fathers knew the effects of allowing religion to get involved in political power as it had in England and the earlier colonial governments. Shall I review the history of the witch trials for you?

    Marriage is not nor has it ever been biblical. There are no marriage ceremonies recorded in the bible, nor are there any vows proscribed in the scriptures. Even if there were, such scriptures would not be binding as law, due to the first amendment of the constitution. The bible is not the law of the land for good reason. Reference my earlier comment on the witch trials.

    The gay community is not asking for special rights, just the civil rights due every American citizen guaranteed by the constitution. Remember the words? They can be found in both the Declaration of Independence and the constitution.

    h##p://www.archives.gov/exhibits/charters/declaration_transcript.html

    We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

    h##p://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution

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

    Chick-Fil-A got what it asked for when Dan Cathy foolishly announced his personal views against the gay community were also the official policy of the corporation he owns. The use of corporation funds as a weapon of social repression is an old fear in this country. Too many times, we have seen the ill effects of big business using its financial might to push people around. Besides, the food sucks. If that stuff can be called food at all.

    As to your comment on the so called lifestyle choices of the gay community. When in your life did you actively decide to be heterosexual? I could ask a question at this point using a disturbing food preference analogy, but I'll refrain from that one. Can you even remember making that distinction, or did you just accept your sexual orientation as fact?

    Contrary to conservative views, sexual orientation is not a choice. People are born with their sexual orientation preprogrammed into them from fetal development.

    h##p://media01.commpartners.com/AMA/sexual_identity_jan_2011/index.html (video)

    No pulpit propaganda, just cold hard scientific fact.

    Just put the t's back in place of the #'s.

    • 10 votes
    #1.45 - Thu Sep 20, 2012 8:43 PM EDT

    I just hope the SCOTUS puts this issue to bed quickly and gets it out of the way. Since we're discussing sexual depravity and its legal status, lets talk about how the pedophiles suffer from these discriminatory age of consent laws. Or the polygamists, they suffer from discrimination too.

    Seriously, that's whats coming next. Mark my words.

    The fringe elements or our society aren't going to let up until society as we know it doesn't exist.

    • 2 votes
    #1.46 - Thu Sep 20, 2012 8:57 PM EDT

    i want 7 wives different one everyday, redhead, blond,brunette,Japanese,Chinese,Latino,and an Eskimo

    • 4 votes
    #1.47 - Thu Sep 20, 2012 9:13 PM EDT

    GI JOE-1977278 - Since we're discussing sexual depravity and its legal status, lets talk about how the pedophiles suffer from these discriminatory age of consent laws. Or the polygamists, they suffer from discrimination too.

    Seriously, that's whats coming next. Mark my words.

    Funny how you bigots used the exact same arguments when you were fighting against mixed-race marriage.

    http://www.equalitygiving.org/files/Marriage-Equality-Same-Sex-Lesbian-Gay-Marriage/Arguments_Against_Interracial_Marriage_and_Equal_Marriage.pdf

    Can't you come up with more relevant arguments rather than recycling the same moronic nonsense?

    • 10 votes
    #1.48 - Thu Sep 20, 2012 9:15 PM EDT

    The term marriage needs to be removed from the laws, all laws. Marriage is a Christian rite defined as a covenant entered into by one man and one woman with God. Put civil unions in place for your “legal contract.” Then everyone can have a “legal” relationship with whomever you want. Those of us who want to enter into a holy marriage covenant can do so through our churches.

    Marriage is a hell of a lot older than Christianity (and has changed drastically even within codified legal systems). You can't just come along and claim it because you like the word. Every nation in the world performs marriages (in a whole lot of different ways), it's not exclusive to a particular religion or culture.

    • 11 votes
    #1.49 - Thu Sep 20, 2012 9:35 PM EDT

    Skrekk you are wrong on what Mike mm said. You missed his point.

    He says make the govt recognize only Civil Unions for all...THis eliminated Marriage from any legal status. I fully support that concept. I could choose to get Married but not have it have any legal status. What would constitute a Marriage would be completely up to me. It could be up to my church, it could be up to any criteria I choose for it. I could hire Mickey Mouse to perform a marriage for me. All 'legal marriages' would be grandfathered in as Civil Unions.

    Thats what Mike advocated. He was for full equality and leave Civil Union contracts to the Government and Marriage as a non-legal term used by anyone under any criteria they chose...this eliminates the Marriage is a Religious Institution argument. Some Churches would choose to perform same sex marriages, some would not. I could choose to have a marriage ceremony but not to have it have any legal status.

    Get the government out of the marriage business

    FYI I am a gay man who has been 'married' for just under 20 years...and I don't recognize the governments right to recognize my marriage.

    But we are going to have a ceremony next Feb on our 20th Anniversary, It will be a combination Anniversary party and ceremony (And I live in a state where I can get married--we have reasons why we don't want the legal aspect...mostly economic) But we may just be after the gift as well!

    • 3 votes
    #1.50 - Thu Sep 20, 2012 10:01 PM EDT

    Gi Joe,

    How does changing the gender of a single party entering into a contract, lead to the repeal of laws banning pedophilia?

    Ever heard of informed consent and legal capacity?

    • 7 votes
    #1.51 - Thu Sep 20, 2012 10:03 PM EDT

    Whiskey you want 7 wives a day?

    OK

    Become a Mormon

    But I have a funny idea that you cannot even get one woman a year with your attitude

    • 5 votes
    #1.52 - Thu Sep 20, 2012 10:03 PM EDT

    justicenonexistent

    The term marriage needs to be removed from the laws, all laws. Marriage is a Christian rite defined as a covenant entered into by one man and one woman with God. Put civil unions in place for your “legal contract.” Then everyone can have a “legal” relationship with whomever you want. Those of us who want to enter into a holy marriage covenant can do so through our churches.

    You're basing your entire life on a delusion (that of a loving god actually existing), so it's not surprising that you can make a leap to the delusion that marriage is an exclusively Christian rite. You're completely wrong on this point, of course, but don't let things like facts, history, or reality dissuade you from your idiocy.

    Does your model of marriage therefore invalidate the billions of non-Christian marriages throughout the world? Seems like it.

    You are literally too ignorant to even have this debate with if your platform stems from a genuine belief that "marriage" is limited to one Christian man and one Christian woman. Good grief. But hey, you folks believe in talking snakes, too, so this shouldn't come as a real shock, I guess.

    • 6 votes
    #1.53 - Thu Sep 20, 2012 11:23 PM EDT

    from Wesley Quigg (Post #1.37)

    Marriage is a Biblical union between one man and one woman.

    Not even close, Wesley. Marriage is a civil contract, just like it has been since long before the bible became the greatest compilation of lies ever told.

    where in the Constitution does it say anything about seperation of Church and State?

    Wesley - let's talk about language in the Constitution.

    The second amendment refers to the "right to bear arms", but it never LITERALLY says that we can "own guns" or "purchase ammunition" or "manufacture weapons". But nobody would seriously suggest that we cannot "own guns" simply because that phrase doesn't appear LITERALLY and VERBATIM in the Bill of Rights. And we know damn well what the second amendment means because the founders explained it in their writings.

    The same thing applies to the first amendment. It doesn't have to LITERALLY contain the VERBATIM phrase "separation of church and state" or even "freedom of religion" (that's not there either). The founders wrote plenty about this amendment, especially the religion part. Here are some samples:

    "The civil government functions with complete success by the total separation of the Church from the State." (James Madison)

    "Strongly guarded as is the separation between Religion & Govt in the Constitution of the United States the danger of encroachment by Ecclesiastical Bodies may be illustrated by precedents already furnished in their short history." (James Madison). [Notice that Madison wants religion to stay out of government, NOT the other way around.]

    "Erecting the 'wall of separation between church and state,' therefore, is absolutely essential in a free society." (Thomas Jefferson)

    "All persons shall have full and free liberty of religious opinion; nor shall any be compelled to frequent or maintain any religious institution." (Thomas Jefferson). [Notice Jefferson's semicolon. Everything BEFORE the semicolon is freedom OF religion, and everything AFTER the semicolon is freedom FROM religion.]

    According to the man who wrote the Declaration of Independence and the "Father of the Constitution" who also wrote the first amendment, Separation of Church and State is DEFINITELY in the Constitution.

    That's good enough for me. As long as James Madison and Thomas Jefferson say 'Separation of Church and State" is IN THE CONSTITUTION, it's in there.

    • 7 votes
    #1.54 - Thu Sep 20, 2012 11:44 PM EDT

    Marriage is a Christian rite defined as a covenant entered into by one man and one woman with God

    So, Jewish people can't get married? Nor Buddhists? Nor Muslims or Scientologists or Santerians or Pastafarians or Hindus? Only Christians, huh?

    Well, thanks for that knowledge. I'll be sure to pass it on to all my non-Christian friends that they're not really married.

    • 8 votes
    #1.55 - Thu Sep 20, 2012 11:56 PM EDT

    The day is coming when we will see pedophiles, rapists & the like seek protection under the law. The laws in place to protect "sexual orientation" will be expanded to protect any and all forms sexual perversion.

    God help us all

    • 1 vote
    #1.56 - Fri Sep 21, 2012 1:57 AM EDT

    Frankly True - Skrekk you are wrong on what Mike mm said. You missed his point. He says make the govt recognize only Civil Unions for all...THis eliminated Marriage from any legal status. I fully support that concept. I could choose to get Married but not have it have any legal status.

    I understood Mike's point, and he was wrong on multiple levels. First he's obviously confused the civil legal contract of marriage with the religious rite of holy matrimony. He seems unaware that all marriages in the US are simply "civil unions" by another name. No church is needed for any marriage in the US - mine certainly had none involved. Similarly, "holy matrimony" has no legal status whatsoever.

    Second, he's unaware that civil unions (vs marriage) have little or no federal, interstate or international recognition. Good luck changing all those laws to read "civil union", and good luck getting all those married folks like me to agree to exchange their marriages for civil unions. Why would I agree to legally disadvantage myself in that way?

    • 6 votes
    #1.57 - Fri Sep 21, 2012 2:02 AM EDT

    @ frankly been married for 17 yrs , and still counting. guess you didn't see the sarcasm

    • 2 votes
    #1.58 - Fri Sep 21, 2012 6:51 AM EDT

    I do not look at this under the guise of a social issue. My issue is with the financial aspect of what this will cost taxpayers if Same sex couples are granted marriage benefits. I could give a flying duck about the definition of marriage. What should happen now , seeing as how this country has mostly fallen away from the religious aspect of marriage, is to remove any and all benefits from any and every married couple. When over half of all marriages end in divorce and with the fickle attitudes people enter into marriages nowadays, why should they get a benefit over those who choose to live together. A family unit is a unit no matter how it is defined, Why should a contract enable those who enter into it a huge perk over those who live the same exact way just without the marriage license. How can this country absorb another entitlement on top of all the other entitlements on record and those that will be coming from Obamacare. America cannot afford to keep giving away taxpayer money that we do not have and cannot afford. This whole thing should be addressed by eliminating all marriage benefits. Doing so would pretty much gut the argument and reduce it to Activist LBGT who just want to usurp the term marriage and religious zealots who want marriage preserved in their belief systems.

      #1.59 - Fri Sep 21, 2012 11:46 AM EDT

      My issue is with the financial aspect of what this will cost taxpayers if Same sex couples are granted marriage benefits.

      Homosexuals pay taxes, too, so YOU are not subsidizing their right to marry.

      • 6 votes
      #1.60 - Fri Sep 21, 2012 11:59 AM EDT

      Dom-462174 - My issue is with the financial aspect of what this will cost taxpayers if Same sex couples are granted marriage benefits.

      Great idea! Maybe we could save more money if we denied marriage to mixed-race couples too?

      How about Jews.....more cost savings there as well. Heck, why stop at marriage - let's simply deny gays, Jews and mixed-race couples all federal benefits.

      Or maybe we could just start by denying elderly bigots social security. As the bigots die off due to lack of money to buy food, all of society will benefit. That would free up lots of money so that gays, Jews and mixed-race couples could have their civil rights restored.

      • 5 votes
      #1.61 - Fri Sep 21, 2012 12:01 PM EDT

      My point is that the country cannot afford to pay out benefits to an additional, however many millions of Gays, who will be filing for marriage benefits. We should eliminate all benefits as a way to save money while leveling the playing field for all taxpayers, not just married couples and soon to be recognized married couples. There should be NO marriage benefit at all.

      • 1 vote
      #1.62 - Fri Sep 21, 2012 12:04 PM EDT

      SKREKK,

      WTF, how did you deduce that pile of drivel from my post. I am not advocating for anyone being banned from marriage. How about reading my post thru before making that jump. My argument is to remove any benefit from the act of marriage. Why should married couples get a break that non married people don't get. I have two children and i am not married. Why should i be denied a benefit that someone who decided to contractually join with another gets. My family is just as much a unit as theirs. Marriage has become a joke in this country and few take it as serious as it should be. When the average span of a marriage is seven years, that does not warrant extra perks and benefits. Maybe if we want to strenthen that we should only allow benefits after ten years of marriage. If you want the benefit then you better be fully informed and willing to work thru problems as opposed to treating marriage like an old worn shirt and replacing it when you become bored.

        #1.63 - Fri Sep 21, 2012 12:13 PM EDT

        The term marriage needs to be removed from the laws, all laws. Marriage is a Christian rite defined as a covenant entered into by one man and one woman with God.

        Demonstrably false. Marriage predates Christianity and even Judaism.

        • 5 votes
        #1.64 - Fri Sep 21, 2012 1:20 PM EDT

        Sonar Guy, zipperthecat, Olivia Forever, BLOW ME TYLER ! banned, rereg of zipperthecat.

        Definitely one of the most inartful trolls I've read.

        • 13 votes
        #1.65 - Fri Sep 21, 2012 2:08 PM EDT

        My point is that the country cannot afford to pay out benefits to an additional, however many millions of Gays, who will be filing for marriage benefits.

        So, you're saying that the government depends on gays in order to help balance the budget? Do you think that interracial manages should have remained illegal because allowing them cost more in benefits?

        What if two gay men each marries a lesbian (four gays total) ... would you allow benefits in that case, or deny them? If you allow them, then you're being hypocritical in denying benefits to two same-sex couples, while allowing them for two mixed-sex couples since the cost would be the same.

        • 3 votes
        #1.66 - Fri Sep 21, 2012 3:53 PM EDT

        I strongly feel that when gay marriage becomes law that we have to take back all the laws that have been written to grant same sex couples the right to health care and pensions and everything else that was granted to married couples.

        There are relatively few such laws and few would use them anyway if marriage was an option because of the adverse tax consequences (i.e. health benefits are taxable benefits to domestic partners).

        • 2 votes
        #1.67 - Fri Sep 21, 2012 4:39 PM EDT

        tyler

        Sonar Guy, zipperthecat, Olivia Forever, BLOW ME TYLER ! banned, rereg of zipperthecat.

        Definitely one of the most inartful trolls I've read.

        What kind of knucklehead gets banned and then uses the name BLOW ME TYLER and expects to not get noticed, what a Maroon.

        • 5 votes
        #1.68 - Fri Sep 21, 2012 5:57 PM EDT

        Just something everyone on here should think about (especially those who do nothing but respond with weak evidence and/or personal insults). For every finger you point at someone, you have three pointed at yourself. Also dealing with absolutes is flawed in my opinion. Just because someone doesn't agree with one group doesn't mean they hate every other group. A good example (one which I was accused of) is that because I don't believe in automatic amnesty for illegal immigrants I must hate all hispanics. Another (which is relevant to this board) is when I disagreed with someone over taking federal funding from churches that will not perform same sex marriages. This would in effect force some churches to perform the ceremonies, even if they are against them. One last point is that no government should ever force someone to accept something that goes against their values and beliefs. That goes against everything that we as a free nation stand for. Well i've said enough for one day. Have a nice day all.

        • 1 vote
        #1.69 - Wed Sep 26, 2012 2:59 PM EDT

        Snk13 -- NO ONE is forcing you, or anyone to accept anything. If you don't want to have a gay marriage, THEN DON'T GET ONE! You don't have the right to force your religious beliefs onto other tax paying American citizens, who should have EVERY right to expect equal representation under the law. It's that simple!

          #1.70 - Thu Oct 11, 2012 10:46 AM EDT
          Reply

          It is inevitable.

          • 23 votes
          Reply#2 - Thu Sep 20, 2012 1:07 PM EDT

          I fully support the right of homosexuals to be as miserable as the rest of us.

          • 19 votes
          #2.1 - Thu Sep 20, 2012 2:03 PM EDT

          @Denver bill

          Last time I said that my fiance slugged me and left the room, and my Mother didn't talk to me for a week. It was a peaceful week.

          • 8 votes
          #2.2 - Thu Sep 20, 2012 2:57 PM EDT

          GedePrime-548136,

          I know what you mean. Same thing happened when I was overheard saying, "I asked my wife what she wanted for her birthday. She said she wanted something that goes from zero to 160 in less than 6 seconds. So I got her a scale."

          • 8 votes
          #2.3 - Thu Sep 20, 2012 3:33 PM EDT

          A slippery slope. Next it will be pedophiles asking for equal rights. Than what, bestiality? For all of human history in every culture there has been a prohibition on homosexuality. It wasn't until Hollywood made it fashionable that you had this argument. Next the government will make it mandatory. and America will go the way of the Shakers.

          • 3 votes
          #2.5 - Thu Sep 20, 2012 5:26 PM EDT

          A slippery slope. Next it will be pedophiles asking for equal rights.

          Same argument was made when arguing for miscegenation laws. Further, most pedophiles are straight, so I guess the more logical concern would be normal marriages being slippery slope for pedophilia. Stupid argument, no?

          For all of human history in every culture there has been a prohibition on homosexuality.

          Ummm, false. Many times throughout history gay people were allowed to marry. But don't let facts get in your way.

          Next the government will make it mandatory. and America will go the way of the Shakers

          Wow, you need to loosen up. That is one outlandishly nutty comment.

          • 13 votes
          #2.6 - Thu Sep 20, 2012 5:51 PM EDT

          Mike. That is the worst slippery slope argument I have ever heard. (all slippery slope arguments are fallacies, by the way) Minors and animals cannot legally consent to marriage. But you and your kind just kind of gloss past that so you can spew this crap.

          • 11 votes
          #2.7 - Thu Sep 20, 2012 6:46 PM EDT

          A slippery slope. Next it will be pedophiles asking for equal rights. Than what, bestiality?

          Debunked claptrap. Try again.

          • 4 votes
          #2.8 - Fri Sep 21, 2012 1:21 PM EDT

          Well, when you come right down to it, if there's a slippery slope, it began with heterosexual marriage. So, let's end heterosexual marriage!

          • 1 vote
          #2.9 - Fri Sep 21, 2012 4:53 PM EDT

          Wow!!!! Mike got 3 votes..........now thats just scary.....LOL!

            #2.10 - Sat Sep 22, 2012 12:43 AM EDT
            Reply

            the real abomination is DOMA

            • 34 votes
            Reply#3 - Thu Sep 20, 2012 1:11 PM EDT

            The rush to pass DOMA was strategic, in terms of the shifting demographic. It would not pass today.

            In a democracy, the first bulwark against public opinion shifts is the 'representative' portion of our representative government. Even though 50% + 1 of the district want X, that representative can say 'no', and go against the will of the very people who sent him/her there to represent them. The next bulwark is the court. And finally, there will be the U.S. Constitution.

            As it stands now, the fundamentalist right-wing have succeeded in securing the first and second bulwarks. If Romney gets elected, I wouldn't be surprised to find them shooting for the 3rd bulwark -- thereby amending the Constitution to discriminate against homosexuals.

            • 9 votes
            #3.1 - Thu Sep 20, 2012 3:26 PM EDT

            Epinnoia,

            You give Romney to much credit. He's not really concervative he's just trying to sound that way now because he wants to get elected. Why do you think even common sense concervatives (yeah I know hard to believe there are any) don't like the idea of him running. They know that he's just a flip flopper that will say whatever he thinks will get him the most votes and they don't trust him to be concervative if elected.

            • 2 votes
            #3.2 - Fri Sep 21, 2012 5:06 AM EDT

            ckbry - You give Romney to much credit. He's not really concervative he's just trying to sound that way now because he wants to get elected.

            Here's how Dan Savage responded to that:

            http://www.advocate.com/politics/election/2012/09/20/watch-dan-savage-says-mitt-romney-homophobe

            "Whether someone punches you in the nose because they really hate you, or they punch you in the nose because they want to impress people who hate you, you still have a broken goddamn nose," said Savage. "I'm not going to look into Mitt Romney's stoney little heart, I'm not going to bust open that bank vault in the Cayman Islands and retrieve his heart to look at it. What I care about is policy — and his policies are homophobic and by my estimation, that man is a homophobe."

            Speaking for myself as the parent of a gay kid and an employer with a few gay employees, there's no way in hell I'd vote for a bigot like Romney.

            • 4 votes
            #3.3 - Fri Sep 21, 2012 12:12 PM EDT
            Reply

            Its only a matter of time, contrary to the anti-gay marriage crowd's desires. I think it is likely that SCOTUS will take the case and overturn state laws. Worst case, it overturns DOMA, which is still a victory for gay marriage. Even in that scenario, since each generation is more socially liberal (and very fast on this issue...who could have imagined as few as 20 years ago where we'd be now on the question?), eventually gay marriage will be legal everywhere.

            And I also agree, 50 years from now the general attitude will be like it is for interracial marriages (which is also about 50 years old at this point)..."people used to worry and object about THAT?".

            • 32 votes
            Reply#4 - Thu Sep 20, 2012 1:15 PM EDT
            Comment author avatarVincent DenaliExpand Comment Comment collapsed by the community

            It's different from inter-racial marriages. Men and women from different races have been reproducing with each other for all of time. Male-male and female-female couplings have never been reproducing and will not do so for a very long time.

            • 5 votes
            #4.1 - Thu Sep 20, 2012 1:48 PM EDT

            So? Not everyone who gets married reproduces. My husband and I haven't or ever will... should we get divorced now?

            There are plenty of people beyond their reproductive years who get married - I guess their marriages are not valid or less significant?

            • 40 votes
            #4.2 - Thu Sep 20, 2012 1:56 PM EDT

            @ Vincent - as far as interracial being as old as time, so is homosexuality. There are many references through history of kings being totally gay. In Japan many of the Emperors geisha were feminine MEN dressed as women. The equipment hadnt been changed, just the look. Don't tell me there were no other choices for the Emperor than another man.

            This issue is so ridiculous its not even funny at this point. Generally I would laugh at the narrow minded people, but now I'm so frustrated with them i want to punch them in the face for being so stupid. I don't care what you do in the privacy of your own home as long as it doesn't harm me or anyone else. So if you are a guy and love a guy, who am I to say you can't? You can't stop me from cussing up a storm, even though some consider it morally wrong to do so. How is this different? Because the word marriage is used? thats such a weak argument. I want a real reason. I want to hear that LGBT are literally killing babies or something, and their marriage is the reason they are doing it. Otherwise, keep your morals and your high ground to yourself, itll be very lonely up there.

            • 21 votes
            #4.3 - Thu Sep 20, 2012 2:05 PM EDT

            It's different from inter-racial marriages. Men and women from different races have been reproducing with each other for all of time. Male-male and female-female couplings have never been reproducing and will not do so for a very long time.

            Reproduction is not a requirement of marriage. It is irrelevant.

            • 32 votes
            #4.4 - Thu Sep 20, 2012 2:05 PM EDT

            Vincent Denali - your argument is flawed.

            Not to mention people have been reproducing WITHOUT getting married (or unioned). There is no legal requirement that you MUST get married and that you MUST produce children. Marriage is a joining of two people who love each other. Whether they produce children or not is irrelevant.

            • 23 votes
            #4.5 - Thu Sep 20, 2012 2:07 PM EDT

            Even Scalia, the most conservative Justice on the Court, said that not having children will not be an argument considered against same sex marriage, should it come before them, in his opinion in Lawrence v Texas.

            • 11 votes
            #4.6 - Thu Sep 20, 2012 2:20 PM EDT

            sex = reproduction, marriage = love (but someone should tell my wife that, ZING!)

            • 4 votes
            #4.7 - Thu Sep 20, 2012 2:30 PM EDT

            sweetsweetdrew - marriage = love (but someone should tell my wife that, ZING!)

            Actually marriage = a property & liability contract. No love is required by the state.

            • 14 votes
            #4.8 - Thu Sep 20, 2012 2:55 PM EDT

            I want to hear that LGBT are literally killing babies or something, and their marriage is the reason they are doing it. Otherwise, keep your morals and your high ground to yourself, itll be very lonely up there.

            In the twisted realm of the far-Right, you'd be guilty for NOT having the babies you were 'supposed' to have. See -- first they imagine the child as being real. Then they proceed to BLAMING you for 'murdering' those imagined children.

            I've seen this mindset working its magic on right-wing minds, and it's quite amusing -- if not downright scary. In their own words -- homosexuals are sinning against their race. They believe the true victim of the homosexual activity is the race itself -- especially in areas of 'dwindling' whites...

            • 10 votes
            #4.9 - Thu Sep 20, 2012 3:38 PM EDT
            Reply
            Comment author avatar7.62x39mmExpand Comment Comment collapsed by the community

            The scotus will ban the act of homosexuality right after the elections so as to not upset obama's voter base.

            • 5 votes
            #5 - Thu Sep 20, 2012 1:19 PM EDT

            I see someone is utterly ignorant of the social climate in the US.

            • 40 votes
            #5.1 - Thu Sep 20, 2012 1:20 PM EDT

            You don't live in the US do you ? .... do you even live in reality ?

            • 23 votes
            #5.2 - Thu Sep 20, 2012 1:21 PM EDT

            lol, what color is the sky in 7.62's universe, I wonder? Yeah, i'm SURE they will overturn Lawrence vs Texas right after the election as part of some kind of weird voter manipulation scheme. lol.

            • 17 votes
            #5.3 - Thu Sep 20, 2012 1:24 PM EDT

            Hilarious.

            • 8 votes
            #5.4 - Thu Sep 20, 2012 1:24 PM EDT
            Comment author avatar7.62x39mmExpand Comment Comment collapsed by the community

            Yes you are ignorant as you can't force people to drink your kool-aid. Gay marriage has been voted down in an awfull lot of states yet the fools keep running to the courts crying foul in an attempt to make society accept their abnormal conduct.

            • 6 votes
            #5.5 - Thu Sep 20, 2012 1:25 PM EDT

            yeah, those crazy gays, wanting to have equal rights as other americans. it is a shame that homophobic bigots like 7.62 are unamerican and want to deny equal rights to others. I wonder why he hates american values?

            • 34 votes
            #5.6 - Thu Sep 20, 2012 1:28 PM EDT

            Let's start with the basic civil rights involved here, and by now I'm hoping we all know that we don't vote on civil rights.

            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.

            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?

            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...

            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? Why would gay marriage lead to the repeal of the laws we have on the books, banning all those things?

            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?

            NONE of the bestiality, pedophilia, incest, polygamy, or inanimate objects arguments WILL EVER WORK, logically or legally, until you can answer those questions.

            My final question...

            How have any of you been harmed by a gay marriage?

            • 37 votes
            #5.7 - Thu Sep 20, 2012 1:31 PM EDT
            Comment author avatar7.62x39mmExpand Comment Comment collapsed by the community

            If you think a guy plugging another guy in the butt is an American value you need to wake up to reality. Where would you be today if your dad jacked you off in a corner and told you to be someone....that's right you would be nothing but a stain in the corner.

            • 6 votes
            #5.8 - Thu Sep 20, 2012 1:34 PM EDT

            7.62,

            Can you answer my questions and actually defend your position, or can you please admit that your personal biases have nothing to do with the legality of contracts.

            • 34 votes
            #5.9 - Thu Sep 20, 2012 1:36 PM EDT

            @7.62: The issue of abolishing slavery was also struck down by an awful lot of States. That didn't work out too well for them, last time around, did it?

            • 28 votes
            #5.10 - Thu Sep 20, 2012 1:36 PM EDT

            If you think a guy plugging another guy in the butt is an American value you need to wake up to reality. Where would you be today if your dad jacked you off in a corner and told you to be someone....that's right you would be nothing but a stain in the corner.

            Try and use your brain for once and respond to the points made. Your personal opinion is irrelevant on the issue.

            Over 50% of the US supports homosexuality.

            Over 50% of the US supports same-sex marriage.

            Anyone with a brain in their head knows civil rights are not up to a majority vote, and that those states who tried to sneak by will have their laws invalidated in due time.

            • 26 votes
            #5.11 - Thu Sep 20, 2012 1:42 PM EDT

            @ Sarah....My opinion is that society dictates the norms, and society as a whole doesn't approve of the conduct.

            • 4 votes
            #5.12 - Thu Sep 20, 2012 1:43 PM EDT

            @ Sarah....My opinion is that society dictates the norms, and society as a whole doesn't approve of the conduct.

            Polling and statistical analysis disagree.

            • 26 votes
            #5.13 - Thu Sep 20, 2012 1:46 PM EDT

            7.62,

            Your opinion, is merely your opinion. And as a Republic, we have certain rights that are protected from what society considers normal or not normal. We're free from your opinion and society's norms, unless there is a governmental interest in forcing those norms on us.

            If one wants to continue to impose their opinions and concepts of normality on the rest of us, specifically through laws that expand government intrusion into our private lives, they need to make a LEGAL CASE for it.

            That legal case, would be the answers to my questions.

            I dare anyone to answer them.

            • 23 votes
            #5.14 - Thu Sep 20, 2012 1:48 PM EDT

            7.62: equal rights is the american value I was talking about..you know the value you don't support.

            . lol. you just don't get it, do you? :)

            • 20 votes
            #5.15 - Thu Sep 20, 2012 1:50 PM EDT
            Comment author avatar7.62x39mmExpand Comment Comment collapsed by the community

            Are you referring to the biased democratic news agencys polls? LOL what a joke!.

            • 4 votes
            #5.16 - Thu Sep 20, 2012 1:51 PM EDT

            7.62 IQ - Society's approval is not required with regards to what I sexually do with another consenting adult. MYOFB.

            • 20 votes
            #5.17 - Thu Sep 20, 2012 1:51 PM EDT
            Comment author avatar7.62x39mmExpand Comment Comment collapsed by the community

            So let's just make heroin use legal also as we wouldn't want to infringe on anyones civil rights now would we.

            • 6 votes
            #5.18 - Thu Sep 20, 2012 1:56 PM EDT

            Apples and hammers analogy.

            • 23 votes
            #5.19 - Thu Sep 20, 2012 2:02 PM EDT

            Are you referring to the biased democratic news agencys polls? LOL what a joke!.

            I guess you consider every major polling organization "biased democratic news agencys (sic)" then?

            What a tool.

            • 16 votes
            #5.20 - Thu Sep 20, 2012 2:06 PM EDT

            Bubblegum.

            • 6 votes
            #5.21 - Thu Sep 20, 2012 2:07 PM EDT

            7.62,

            What you call liberal bias, the rest of the world calls facts.

            Personally, I agree that all drugs should be legal and we should funnel all the money we're wasting on the war on drugs into mental health care, but aside from that, you can make a case that Heroin harms society, which you can't do with homosexuality, otherwise you would have answered my questions by now.

            • 23 votes
            #5.22 - Thu Sep 20, 2012 2:17 PM EDT

            7.62x39mm

            If you think a guy plugging another guy in the butt is an American value you need to wake up to reality. Where would you be today if your dad jacked you off in a corner and told you to be someone....that's right you would be nothing but a stain in the corner.

            I'm married to a woman, have kids and I'm heterosexual but I don't find anything wrong with two guys plugging each other wherever they choose in the privacy of their own homes. Why do you give a @!$%#? Are you harboring your own homosexual tendencies? I just don't see how it effects you or why you would care.

            • 20 votes
            #5.23 - Thu Sep 20, 2012 2:17 PM EDT

            7.62x39mm - My opinion is that society dictates the norms, and society as a whole doesn't approve of the conduct.

            72% of the public didn't approve of mixed-race marriage in 1967 when the supreme court made it legal nationwide.

            Since the majority of the public supports marriage equality today it seems there are far fewer bigots like you today than there were back in 1967.

            And it's no surprise that people like you think the majority should be allowed to vote on the civil rights of a minority. It doesn't sound like you support the US constitution.

            • 18 votes
            #5.24 - Thu Sep 20, 2012 2:34 PM EDT

            i've missed reading sarah's posts!

            • 10 votes
            #5.25 - Thu Sep 20, 2012 2:35 PM EDT

            7.62,

            It continues to astound me how so many people who say they are against gay marriage say they are also against government intrusion into their lives! How is regulating against something as personal as making a committment to the one person you love, the same as a hetero couple is able to do, not surpressing someones rights? We've already established that the children and religious arguments have no standing. In the Prop 8 case in California, when asked by the court what harm gay marriage would do to society, the lawyers arguing for the ban could produce a total of ZERO evidence of any sort. States that have had gay marriage haven't had any negative societal problems as a result. So what it basically comes down to is the personal opinions of people such as yourself who are "grossed out" and for some bizzare reason think that should matter! I'm grossed out by body piercings and tons of tattoos on a person, but am I going to try to outlaw it based on my personal or religious beliefs? Heck no! I'm just not going to get any. Same with gay marriage. If you don't want one, don't get one!

            • 17 votes
            #5.26 - Thu Sep 20, 2012 2:36 PM EDT

            My opinion is that society dictates the norms, and society as a whole doesn't approve of the conduct.

            There's a reason that the United States is a republic based on the rule of law, and not a democracy based on mob rule. Sorry, but your opinion is just that, an opinion, and one not based in fact.

            • 10 votes
            #5.27 - Thu Sep 20, 2012 3:46 PM EDT

            Yes you are ignorant as you can't force people to drink your kool-aid. Gay marriage has been voted down in an awfull lot of states yet the fools keep running to the courts crying foul in an attempt to make society accept their abnormal conduct.

            There is a difference. Gays don't have the right to force you to 'accept' them or their behavior. But legally speaking, they do have a right to expect the government to not discriminate against them. There's this little thing in the Constitution -- the Equal Protection Clause. So it doesn't matter if your right-wing role-playing gets more than half the population supporting it at any given moment in time. What matters is you being able to remove that Equal Protection Clause -- which you currently cannot even hope to do.

            • 10 votes
            #5.28 - Thu Sep 20, 2012 3:50 PM EDT

            7.62: "If you think a guy plugging another guy in the butt is an American value you need to wake up to reality"

            I'm curious: why are you even thinking about what 2 consenting adults do in the privacy of their own bedroom? What about a guy plugging a woman in the butt? Would that be an "American value" to you?

            Personally--I stay out of your bedroom--I'd appreciate your staying out of mine!

            • 12 votes
            #5.29 - Thu Sep 20, 2012 3:52 PM EDT

            7.62 is the best example of someone who is utterly unable to defend his position that I have seen in a long time.

            • 12 votes
            #5.30 - Thu Sep 20, 2012 4:09 PM EDT

            Norms and laws aren't the same thing at all. If everyone agreed on everything, we wouldn't need laws. Like Oilman said, apples & hammers.

            • 8 votes
            #5.31 - Thu Sep 20, 2012 4:24 PM EDT

            Welcome back, Sarah! Love your posts. Every time.

            • 6 votes
            #5.32 - Thu Sep 20, 2012 4:30 PM EDT

            @Sarah:

            Loving v. was about interacial marriage and in the ruling noted that it is essential to our survival and a basic civil right of man. It went on in the same paragraph though to note that to deny this right on the basis of race was a violation of the 14th amendment.

            Lawrence v. invalidated sodomy laws making it legal for sodomy between consenting adults. Still nothing to do with gay marriage or civil unions.

            Question #1. The State did not have an interest to protect relative to sodomy laws and correctly chose to stay out of the bedroom of consenting adults. However, this does not give rise to gay marriage.

            Question #2. Gay marriage will not give rise to repealing all the laws you noted so this question is irrelevant.

            Question #3. I don't understand your point. But, marriage has been held to be a contract between a husband and wife and there is plenty of case law to cite such rulings and court language.

            Last Question: No, I have not been personally harmed by gay marriage because it is not yet legal in my state. However, I have some questions for you.

            If marriage is a civil right necessary for the furtherance and survival of society, how does gay marriage insure the survival of our society?

            As a business owner, should I be forced to provide a family health insurance policy for a gay couple because the government now says they can enter into a contract of marriage which I do not agree with or do I lose my rights as a business owner?

            If GLBT so believe in the contract of marriage, why aren't they entering into civil contracts now when they move in or choose to adopt a kid together?

            GLBT supporters reject the notion of a civil union resolving their issues and want the right to marry. Well, if marriage is just a contract, then why do they need the right to marry versus just the right to a civil union?

              #5.33 - Thu Sep 20, 2012 5:40 PM EDT

              @ David, Sarah has not been on here in a while, so I'll respond.

              If marriage is a civil right necessary for the furtherance and survival of society, how does gay marriage insure the survival of our society?

              You misrepresent the holding of Loving. The court stated that marriage was a hight to man. It is not conditioned upon the survival of society, in fact the court ties the right upon the individuals right to the pursuit of happiness: "The freedom to marry has long been recognized as one of the vital personal
              rights essential to the orderly pursuit of happiness by free men."

              Thus, the right resides in all people, regardless of that person's marriage role in society. Further, a gay person getting married has the same impact upon society as a straight couple. Procreation has never been a requirement of marriage in the US.

              As a business owner, should I be forced to provide a family health insurance policy for a gay couple because the government now says they can enter into a contract of marriage which I do not agree with or do I lose my rights as a business owner?

              Yes, if you own a business, and operate said business, you do not have the right to discriminate based upon certain factors. Gender of a spouse would be the same as not extending coverage to people in a mixed race marriage. Feel free to discriminate outside of the business, which is dictated by federal and state laws.

              If GLBT so believe in the contract of marriage, why aren't they entering into civil contracts now when they move in or choose to adopt a kid together?

              Manyt are, but these contracts are burdensome and expensive to obtain. Further, few people plan for the ending of a relationship...

              GLBT supporters reject the notion of a civil union resolving their issues and want the right to marry. Well, if marriage is just a contract, then why do they need the right to marry versus just the right to a civil union?

              Why did black people insist that they shouldn't use a separate drinking fountain? Separate but equal has been an issue resolved by the courts long ago.

              • 9 votes
              #5.34 - Thu Sep 20, 2012 6:04 PM EDT

              Nice job explaining this Eng Esq,

              And just to add a couple things to the conversation. Brown v Brd of Education determined that separate but equal is inherently unequal. Therefore, you cannot have seperate designations for the same thing for different people as the one in the minority will always be treated as less worthy. Marriages are civil contracts. There is no government or societal justification to relegate the ability enter into this civil contract to opposite sex couples only. Having children biologically is not and has never been a determining factor for anyone to marry, so that standard cannot suddenly be thrust upon gay people. Additionally, civil unions are not recognized by all states, by the federal govt or even available in all states. Since marriages are civil unions, essentially, if you wanted to persist with that argument, you would have to change all marriages into civil unions and change all the laws that mention marriage, etc. Marriage is a civil contract whereas matrimony is a religious definition outside of the legal one.

              • 4 votes
              #5.35 - Thu Sep 20, 2012 7:33 PM EDT

              Jed7 - Brown v Brd of Education determined that separate but equal is inherently unequal. Therefore, you cannot have seperate designations for the same thing for different people as the one in the minority will always be treated as less worthy.

              In fact if civil unions were 100% equivalent to marriage for legal purposes but one applied to gays and the other applied to straights, the existence of the 2nd contract would be proof to the court of unlawful bias.

              And that's exactly what the CA court found their domestic partnership law to be unconstitutional.

              • 3 votes
              #5.36 - Thu Sep 20, 2012 9:19 PM EDT

              Thanks Eng! You put it so well, I don't even have to add anything.

              • 2 votes
              #5.37 - Thu Sep 20, 2012 9:52 PM EDT
              Reply

              Brian Brown, president of the National Organization for Marriage, which opposes same-sex marriage, said he was confident his side would win the court argument.

              Must be nice living in his little fantasy world.

              • 31 votes
              Reply#6 - Thu Sep 20, 2012 1:20 PM EDT

              Not really. He's scared to death of turning gay.

              • 22 votes
              #6.1 - Thu Sep 20, 2012 1:28 PM EDT
              Reply

              Just as the Supreme Court surprised people by calling Obamacare a tax, I would not be surprised if it redefined marriage as a long term personal relationship between two people. This relationship would not necessarily be sexual but could allow people to file joint tax returns. The surprise would be if they also included brother and sister, sister and sister, mother and daughter, father and son. I don't know what kind of response this would cause but it would surely be a redefinition.

              • 1 vote
              #7 - Thu Sep 20, 2012 1:26 PM EDT

              More likely the court will simply rule that the state cannot discriminate on the basis of the relative gender of one's spouse, just like it can no longer discriminate on the basis of the relative race of one's spouse.

              • 22 votes
              #7.1 - Thu Sep 20, 2012 1:44 PM EDT

              Tom,

              Why would gay marriage lead to the repeal of incest laws?

              • 19 votes
              #7.2 - Thu Sep 20, 2012 2:23 PM EDT

              Since there are scientific reasons that incest is dangerous I doubt we'll see relatives grated marriage. I do agree however that marriage will be redefined as the economic and legal contract that it most certainly is and may apply more broadly. I also see a day where several people may be allowed to enter into a marriage contract (polyamory, polygamy, etc) as there is no non-religious justification to ban it. As religions lose their strangehold on politics and the legal system I think we'll see a shift away from Christian/religious laws towards more secular ones.

              • 9 votes
              #7.3 - Thu Sep 20, 2012 2:23 PM EDT

              Why is it people against marriage equality, instantly want to start marrying their sons and daughters, or a pet, or even their car?

              ;)

              • 18 votes
              #7.4 - Thu Sep 20, 2012 2:38 PM EDT

              Krestov,

              Or their toasters? That one always gets me. Why would anyone want to marry a toaster?

              • 18 votes
              #7.5 - Thu Sep 20, 2012 2:40 PM EDT

              Why is it people against marriage equality, instantly want to start marrying their sons and daughters, or a pet, or even their car?

              Since they can't make a logical or valid argument as to why same sex marriage should not be legal, the best they can do is making slippery slope arguments. It's quite desparate and pathetic really.

              • 20 votes
              #7.6 - Thu Sep 20, 2012 2:56 PM EDT

              but Sarah, if i didn't have my toaster then i couldn't make yummy toast with lots of melted butter or even peanut butter on it !

              so if bigots feel that way about their toaster, then of course they would logically like the right to marry their toaster :)

              see ?? LOL

              but i do seriously love my toaster .. just not enough to marry it

              • 10 votes
              #7.7 - Thu Sep 20, 2012 3:01 PM EDT

              Phoenyx,

              I'm sorely disappointed in my toaster. My toast never tastes as good as restaurant toast. Why is that? We would inevitably end up divorced, because I would be constantly cheating on it, with the diner down the street.

              • 18 votes
              #7.8 - Thu Sep 20, 2012 3:06 PM EDT

              Why would anyone want to marry a toaster?

              I don't know about you, but I have one d@mn sexy toaster.

              • 7 votes
              #7.9 - Thu Sep 20, 2012 3:06 PM EDT

              "Just as the Supreme Court surprised people by calling Obamacare a tax, I would not be surprised if it redefined marriage as a long term personal relationship between two people. This relationship would not necessarily be sexual but could allow people to file joint tax returns."

              One of my friends had seen her friend's tax returns & was shocked to see the large return she received as a single woman. She later found out this roommate ( now ex roomate) married a man from Mexico so he could get his green card ( the arrangement was set up by her Aunt who had done the same thing). The arrangement was $5K upfront, plus she was able to file as married on her returns. She barley knew this guy, but stayed married to him for 5 years. They lived in seperate residences. If your argument is that gay marriage will lead to tax fraud then you have to outlaw straight marriage as well, because it happens in those cases too.

              • 11 votes
              #7.10 - Thu Sep 20, 2012 3:07 PM EDT

              Sarah !! cheating on your toaster ?!?! *gasp* i'm shocked and appalled !!

              altho, i'd be interested in tasting your diner's toast to compare it to my toaster lol

              just don't tell my toaster !! shhhh !!!! *this is scandalous!*

              • 4 votes
              #7.11 - Thu Sep 20, 2012 3:19 PM EDT

              I'd be worried the toaster might double-cross me with the coffee maker. They're very close.

              • 5 votes
              #7.12 - Thu Sep 20, 2012 4:25 PM EDT

              Phoenyx,

              If you do cheat on your toaster, it had better not find out. Otherwise, I'd recommend not taking baths anymore. You may become truly "shocked"!

              • 3 votes
              #7.13 - Thu Sep 20, 2012 4:57 PM EDT

              I would not be surprised if it redefined marriage as a long term personal relationship between two people

              That redefinition happened many decades ago, at least in the US. The truly "traditional" definition of marriage is male-dominated, purely religious (not civil), allows no divorce except in extreme cases and is usually arranged by the couple's parents. It's still done that way in some parts of the world.

              Since at least the 1960s, marriage in the US has been completely elective, and carries very few social expectations. Many couples share or reverse the traditional gender roles; there are lots of working wives and stay-at-home husbands, for example. In that context, same-sex marriage doesn't redefine anything at all about marriage.

              • 5 votes
              #7.14 - Thu Sep 20, 2012 6:51 PM EDT

              Matt you rock agreed 1000%

              • 1 vote
              #7.15 - Thu Sep 20, 2012 7:50 PM EDT

              The truly "traditional" definition of marriage is male-dominated, purely religious (not civil), allows no divorce except in extreme cases and is usually arranged by the couple's parents.

              Actually, Matt, civil marriage predates organized religion by thousands of years. Religion did not involve itself in marriage until around the mid-1500s.

              • 7 votes
              #7.16 - Thu Sep 20, 2012 8:01 PM EDT
              Reply

              On this issue, there needs to be a national standard. It's too confusing to have a patchwork of state laws. How can you be simultaneously married in one state and not the next?

              • 18 votes
              Reply#8 - Thu Sep 20, 2012 1:30 PM EDT

              Everyone should experience the "horrors" of marriage, then maybe we can ban it...

              • 6 votes
              Reply#9 - Thu Sep 20, 2012 1:30 PM EDT

              Those state constitutional amendments need to be ruled unconstitutional, since they clearly are. I don't see much use of the fact that the first amendment no establishment clause is also violated by declaring marriage is between only a man and woman. I wonder why that is? Only religious arguments are the basis for the one man, one woman thing so I am not sure why this aspect is not being addressed. Anyone know? I would think to argue that fact could only help reinforce the 14th amendment argument.

              • 8 votes
              Reply#10 - Thu Sep 20, 2012 1:31 PM EDT

              Our nations LGBT people can only hope that some special interest group with lots of money won't fill the Supreme Court's pockets with money to sway their vote. After Citizens United (which flies in the face of any rational judgement) we can only wonder just how much influence money has on the SC justices.

              • 12 votes
              Reply#11 - Thu Sep 20, 2012 1:33 PM EDT

              I have always wondered how "straight" couples are harmed by "gay" couples getting married.

              • 24 votes
              Reply#12 - Thu Sep 20, 2012 1:40 PM EDT

              Not the issue--very few are saying this.

                #12.1 - Thu Sep 20, 2012 1:45 PM EDT

                I am not trying to start an argument but friends of mine include sisters that live together and are in their 60's and 70's. Why shouldn't they also be able to get married?

                  #12.2 - Thu Sep 20, 2012 1:56 PM EDT

                  I am not trying to start an argument but friends of mine include sisters that live together and are in their 60's and 70's. Why shouldn't they also be able to get married?

                  Not sure about brother/sister, but I know cousins can get married at that age in Florida. I see no reason why they can't, its their choice and harms nobody.

                  • 10 votes
                  #12.3 - Thu Sep 20, 2012 2:08 PM EDT

                  Not the issue, Sumy? Then what is the issue? The only retort I have seen against gay marriage is that it somehow erodes straight marriage. This is the major thrust of the opposition, as absurd as it is.

                  What is the problem with gay marriage?

                  • 14 votes
                  #12.4 - Thu Sep 20, 2012 2:08 PM EDT

                  Sumy42 - Not the issue--very few are saying this.

                  Actually that's precisely what all the anti-equality hate groups like NOM and the FRC do say - that same-sex marriage somehow "harms" opposite-sex marriage, but they've never been able to justify that idiotic view.

                  • 13 votes
                  #12.5 - Thu Sep 20, 2012 2:39 PM EDT

                  Tom: "I am not trying to start an argument but friends of mine include sisters that live together and are in their 60's and 70's. Why shouldn't they also be able to get married?"

                  Because that is incest.

                  • 5 votes
                  #12.6 - Thu Sep 20, 2012 4:05 PM EDT

                  The "harm" done to traditional marriage by gay marriage is that allowing "those people" to marry somehow devalues marriage for everyone. To those who object, it's like letting the riff-raff into an exclusive club. How can a person feel superior unless there are others who are defined as inferior?

                  • 5 votes
                  #12.7 - Thu Sep 20, 2012 5:38 PM EDT

                  Robert619 - How can a person feel superior unless there are others who are defined as inferior?

                  Exactly. Sounds like the same motivation for the anti-miscegenation laws.

                  • 6 votes
                  #12.8 - Thu Sep 20, 2012 5:59 PM EDT

                  More likely the court will simply rule that the state cannot discriminate on the basis of the relative gender of one's spouse, just like it can no longer discriminate on the basis of the relative race of one's spouse.

                  Skrekk is right. The SCOTUS tends to craft its rulings as narrowly as possible. It won't "redefine" anything. It'll simply strike down all or part of DOMA.

                    #12.9 - Fri Sep 21, 2012 4:58 PM EDT
                    Reply

                    Marriage, in and of itself, should be removed from all Federal and State recognition, and replaced with Civil Unions, as the Federal and State governments have no constitutional right to recognize any religious institution, let alone one that respects one individual or group of individuals, above others. Everyone who is married should then be forced to enter into a Civil Union, if they desire the Federal/State rights, protections and benefits that those under a Civil Union would be entitled to.

                    It doesn't have to be this way though, it really doesn't. It would really be nice if people could just get along, and realize that the institution of marriage is already in a shambles, and that allowing gays to marry wouldn't hurt anything (hell, it may actually increase the odds of a successful marriage), this wouldn't have to be a SCOTUS issue. Until then, I don't see any reason why Marriage shouldn't be fully attacked as a religious institution that segregates the population.

                    • 6 votes
                    Reply#13 - Thu Sep 20, 2012 1:41 PM EDT

                    Marriage as a secular civil institute predates any religious involvement in the institute.

                    Religion can call what they do "Holy Matrimony" (their original term anyway). Marriage belongs to no religion or belief.

                    • 17 votes
                    #13.1 - Thu Sep 20, 2012 1:45 PM EDT

                    Marriage is a secular legal contract. What churches do or don't do is irrelevant, and has no impact on your marital status.

                    • 18 votes
                    #13.2 - Thu Sep 20, 2012 1:46 PM EDT

                    @Allswell/Skrekk: I honestly agree with that, however, the Religious nutjobs in higher office in this country, use their money, power and influence to make 'marriage' a religious institution. No one has gone before any court, and clearly stated the case exactly as you've done so here, and forced religions scummy hateful hands away from what clearly predates any currently followed religion.

                    As I said, it doesn't have to be this way, however, if that's the game they want to play, see how well they're liked when every marriage in the country is ignored by the Government, and they have to go through civil union to get their precious entitlements. See how they like being refused access to their spouse, at their time of death.

                    • 3 votes
                    #13.3 - Thu Sep 20, 2012 5:05 PM EDT

                    B Murphy - No one has gone before any court, and clearly stated the case exactly as you've done so here, and forced religions scummy hateful hands away from what clearly predates any currently followed religion.

                    Actually they have as a historical matter. At one time many states confused religious traditions with secular marriage rights, whether it be in regards to divorce and remarriage, inter-faith or mixed-race marriage, the property rights of women, etc. In every state today marriage is entirely a secular matter.....with the exception of the issue of same-sex marriage where there's still clearly religious interference and where many states have adopted the views of bigoted religions.

                    The only other example I can think of goes in the other direction, where the state of Utah is currently interfering in the religious practices of polyamorous Mormons. That case is currently in the courts and the state is almost certain to lose.

                    • 3 votes
                    #13.4 - Thu Sep 20, 2012 6:07 PM EDT

                    The only other example I can think of goes in the other direction, where the state of Utah is currently interfering in the religious practices of polyamorous Mormons. That case is currently in the courts and the state is almost certain to lose.

                    What makes you think that the state will lose? Utah doesn't stand in the way of multi-spouse marriage in a religious context. It is only denying secular recognition to the additional spouses. Since no one is permitted multiple legal spouses, the Mormons can't use the "equal protection" argument.

                      #13.5 - Fri Sep 21, 2012 6:23 PM EDT
                      Reply

                      Look at the wording of the question. It says "decide the issue". Do we really want nine people to decide for 300,000,000?

                      • 1 vote
                      Reply#14 - Thu Sep 20, 2012 1:44 PM EDT

                      Yes, that's what makes us a Republic. You know, protect the rights of the citizens from majority opinion. You know, if it didn't work this way, we'd still have places down south that were segregated.

                      • 17 votes
                      #14.1 - Thu Sep 20, 2012 2:25 PM EDT

                      Sarah - In case you've never been in the Southeast, there are still places that are segregated, just not legally.

                      • 5 votes
                      #14.2 - Thu Sep 20, 2012 3:13 PM EDT

                      That's their job.

                      • 1 vote
                      #14.3 - Thu Sep 20, 2012 4:28 PM EDT
                      Reply

                      While the American Taliban hates the idea of liberty for all, there should be no bans on such marriages. Get it, liberty for all... if you have the right then everyone has the right. Go pray to the jew carpenter zombie to come back...

                      • 10 votes
                      Reply#15 - Thu Sep 20, 2012 1:46 PM EDT

                      I support the rights of gays to marry, but it shouldn't be left to the Supreme Court to legislate. The Court has already demonstrated it is unfit to make law, it was never the intended purpose of the Court to make law, as it was never the intent to have the Executive branch legislate. When it gets to the point where we expect one branch or another to assume the responsibilities of other branches, we run the risk of handing over the entire process to government. It's not just about what's staring us right in the face this moment, but how we practice the system so it will work for other generations, liberal or conservatives. So...yes to gay marriage, but let's do it the right way.

                      • 1 vote
                      Reply#16 - Thu Sep 20, 2012 1:47 PM EDT

                      What are you talking about? First, we have a common law system, so yes, precedent, stare decisis, and case law, are followed. Second, SCOTUS decisions are binding, primary authority. Third, they aren't legislating, congress legislated the issue when they passed DOMA, SCOTUS will act as a check on the legislative branch in this case, by making sure DOMA is Constitutional (which it isn't). Third, the executive branch enforces laws, not legislates them.

                      • 17 votes
                      #16.1 - Thu Sep 20, 2012 2:28 PM EDT

                      Sarah, what am I talking about...it's commonly referred to as "The system of Checks and Balances", an attempt to develop republican democracy. The notion that branches of government have separate responsibilities so that no one branch runs the government. There's no debate that the Supreme Court's decisions are (did you type "binding") are legal decisions, but they are only law until Congress passes an Amendment to the Constitution. The Supreme Court is not a "primary authority", it's a legal authority (I'm not mincing words here). The Executive branch does enact law through interpretation of existing statues and by issuing "Executive Directives" (I can give you several examples from this and several other administrations). Were you smoking dope when you went to the "Civics" class? By the way, it's nice to see such a legal scholar who won't (or is it can't) spell out Supreme Court, it shows a "sloppiness" that is disturbing.

                        #16.2 - Thu Sep 20, 2012 3:09 PM EDT

                        RT,

                        I'm aware of executive decisions, but they do not make the role of the executive branch a legislative one. If you're really concerned about checks and balances, you would not be a proponent of executive decisions.

                        Case law is law that is derived from decisions in court cases. In some court cases, there is an existing primary authority that a judge can rely upon to make a decision. For others, a judge will need to interpret the law and provide supporting documentation to bolster that interpretation. Once this is written up in a formal decision, the decision itself becomes a primary authority.

                        http://www.wisegeek.com/what-is-a-primary-authority.htm

                        You said...

                        but they are only law until Congress passes an Amendment to the Constitution.

                        Which, how often do they do??? How many SCOTUS precedents have been followed by Constitutional Amendments? Does that make them any less, "law"?

                        Did you miss this in my first post...

                        Third, they aren't legislating, congress legislated the issue when they passed DOMA, SCOTUS will act as a check on the legislative branch in this case, by making sure DOMA is Constitutional (which it isn't).

                        • 13 votes
                        #16.3 - Thu Sep 20, 2012 3:16 PM EDT

                        The SCOTUS does not "make law", it interprets it to makes sure that congress didn't screw up by making a law that undermines the constitution, or conflicts with previous law.

                        • 7 votes
                        #16.4 - Thu Sep 20, 2012 3:32 PM EDT

                        Whats,

                        True, but yes it does also make law. Take for example Buckley v Valeo. No where in any statute or code is there something that says money should be considered speech, but because of that decision, it is, for legal purposes, considered speech.

                        That interpretation, is considered law. It's primary and binding. We do follow a common law system, as well as statutory. As I posted above.

                        Case law is law that is derived from decisions in court cases. In some court cases, there is an existing primary authority that a judge can rely upon to make a decision. For others, a judge will need to interpret the law and provide supporting documentation to bolster that interpretation. Once this is written up in a formal decision, the decision itself becomes a primary authority.

                        http://www.wisegeek.com/what-is-a-primary-authority.htm

                        • 6 votes
                        #16.5 - Thu Sep 20, 2012 3:40 PM EDT

                        Okay, Sarah...I can follow your point, I disagree with your interpretation of what effect an Executive Order has. It's similar to Court Decision in that it has legal impact, and I agree that it isn't legislative in execution but in it's impact. Think of it in a Kantian fashion...if the President circumvents Congress by using an Executive order, the President takes the power from the Congress and supplants the Legislative branch, thereby becoming legislative in nature if not in title. If a Court decision becomes "primary authority" in the fashion of case law (which is a stretch of "primary"), then doesn't an Executive Order do the same thing?

                          #16.6 - Thu Sep 20, 2012 4:11 PM EDT

                          RT - I believe the only reason this issue has to go to the SCOTUS is precisely because it is an issue that is so controversial, so polarizing and volatile that the states or even the federal government have been unable to enforce a law or not. That is why, when we get that Decree From On High, i.e. the Supreme Court decision, it gives the issue the veritas it needs so that a lot of the weeping and wailing and gnashing of teeth from those who oppose something can be put to rest. Everybody moves on. Despite the High Court's loss of prestige in recent years, it still commands a great deal of respect from most citizens. Let's just call them the Ultimate Referee in the battle between two - or more - rival teams.

                          • 1 vote
                          #16.7 - Thu Sep 20, 2012 7:17 PM EDT

                          There's no debate that the Supreme Court's decisions are (did you type "binding") are legal decisions, but they are only law until Congress passes an Amendment to the Constitution.

                          Decisions of the SCOTUS are not "law" in the legislative sense. Striking down DOMA, for instance, won't create law, but will prevent the passage of similar laws as being in violation of the Constitution.

                            #16.8 - Fri Sep 21, 2012 6:38 PM EDT
                            Reply

                            Sarah great post's, people always deflect by bringing either bestiality, pedophilia or incest, all things that have nothing to do with two loving Adult's.

                            How does gay marriage affect the 31year marriage of my husband and myself, it doesn't except we will be happy once all have the same civil rights as we enjoy!

                            • 16 votes
                            Reply#17 - Thu Sep 20, 2012 1:47 PM EDT

                            Put it on the ballot this november and let the people voice their will. Then lets move on to important issues.

                            • 6 votes
                            Reply#18 - Thu Sep 20, 2012 1:48 PM EDT

                            people don't vote on civil rights, or blacks would still be slaves.

                            • 29 votes
                            #18.1 - Thu Sep 20, 2012 2:02 PM EDT

                            Put it on the ballot this november and let the people voice their will.

                            Equal rights should nver be put to popular vote!

                            Then lets move on to important issues.

                            Just because it's n ot important to you doesn't mean it's not important to someone else!

                            • 16 votes
                            #18.2 - Thu Sep 20, 2012 2:52 PM EDT

                            Vermontguy your wrong the Northern states voted to abolish slavery between 1777 and 1804.

                            What is wrong with putting gay marriage on the ballot?

                              #18.3 - Thu Sep 20, 2012 4:19 PM EDT

                              Dave1bg and Jack,

                              As stated in posts above, popular voting as you are prescribing cannot stand up to constitutional scrutiny when it violates the rights of others. Yes, our rights can be limited, when they have a high propensity to hurt others (yelling fire in a crowded theater is a popular example). Gay marriage has not shown to have this potential to cause others harm. The role of the court system is to make sure that the laws passed by "the people" are in fact constitutional. Just because people voted for something doesn't mean the law is constitutional. Would you like your fellow citizens to vote that you cannot do something in your personal life that doesn't harm others just because they don't like it?

                              • 6 votes
                              #18.4 - Thu Sep 20, 2012 5:27 PM EDT

                              Jack-1220789 - What is wrong with putting gay marriage on the ballot?

                              Because the civil rights of a minority should never be put to the popular vote of the majority - the minorities will always lose. That's why we have civil rights like equal protection.

                              Mixed-race marriage would still be banned throughout the south if it had been put up to a vote.

                              • 8 votes
                              #18.5 - Thu Sep 20, 2012 6:11 PM EDT

                              Careful Dav1bg - A very close friend and relative of mine is a lesbian. She has devoted her entire life and career toward the development of programs from schools to medical care and everything in between for gay and lesbian families. Because they do not enjoy the freedoms all of us straight folk take for granted. She has worked tirelessly to help her peers find and/or create the same resources that they need and want, and that we take for granted. Your comment above- "...then let's move on to the important stuff" comes across as ignorant and insulting. There are millions out there who believe that GLBT issues are the most important ones in their lives.

                              • 6 votes
                              #18.6 - Thu Sep 20, 2012 7:24 PM EDT

                              Many states have already put it to the ballot and voted against it every time hence they now have to go to court and make it a civil right issues and of course there is no end to what a group of people will consider a civil right. Marriages were happening long before Govt and Courts ever existed and it has always or traditionally been one man and one women in a religious context. Once you change that definition of marriage then anything goes; one man many women; one women, many men or grownup and child or animal, there is no end in sigh to the perverse things man will come up with. Don't forget in the end it hurts the children who are impressionable and have enuf problems adjusting in the world than to have two mommies and two daddies.

                              Studies have always shown that a child is best adjusted in a loving environment where there is only one dad and one mom. This was God ordained it is not an accident it is the Law of Nature at work even if you don't believe in God. Gay Marriage is not about letting two people getting married it was alway about destryong the traditional marriage which is good and true as God created it to be and it has always been the envy of those that live in rebellion and try to replicate what they don't have in a perverse and twisted way. When was the last time two men or two women produced a baby on their own, the very lifestyle leads to death and destruction wake up people its not a civil right its perversity at its highest level that mock creation at its very core.

                                #18.7 - Fri Sep 21, 2012 9:36 AM EDT

                                Many states have already put it to the ballot and voted against it every time hence they now have to go to court and make it a civil right issues and of course there is no end to what a group of people will consider a civil right.

                                The Supreme Court ruled that marriage is a "basic civil right" in 1967, which is why it is not a matter for the legislature. Civil rights cannot be put to a vote.

                                Marriages were happening long before Govt and Courts ever existed and it has always or traditionally been one man and one women in a religious context.

                                WRONG. Civil marriage predates organized religion by thousands of years; religion did not involve itself in marriage until around the mid-1500s. And in this secular nation, legal marriage is and has always been strictly a civil contract.

                                Once you change that definition of marriage then anything goes; one man many women; one women, many men or grownup and child or animal, there is no end in sigh to the perverse things man will come up with.

                                You obviously have no clue about what "legal consent" means, or that polygamy was made illegal over 120 years ago.

                                Don't forget in the end it hurts the children who are impressionable and have enuf problems adjusting in the world than to have two mommies and two daddies. Studies have always shown that a child is best adjusted in a loving environment where there is only one dad and one mom.

                                WRONG AGAIN. Unless you can provide unbiased, peer-reviewed studies to prove your statement. However, all of the reputable scientific and medical organizations have contradicted your ignorance:

                                Although it is sometimes asserted in policy debates that heterosexual couples are inherently better parents than same-sex couples, or that the children of lesbian or gay parents fare worse than children raised by heterosexual parents, those assertions find no support in the scientific research literature. When comparing the outcomes of different forms of parenting, it is critically important to make appropriate comparisons. For example, differences resulting from the number of parents in a household cannot be attributed to the parents’ gender or sexual orientation. Research in households with heterosexual parents generally indicates that – all else being equal – children do better with two parenting figures rather than just one. The specific research studies typically cited in this regard do not address parents’ sexual orientation, however, and therefore do not permit any conclusions to be drawn about the consequences of having heterosexual versus non-heterosexual parents, or two parents who are of the same versus different genders. Indeed, the scientific research that has directly compared outcomes for children with gay and lesbian parents with outcomes for children with heterosexual parents has been remarkably consistent in showing that lesbian and gay parents are every bit as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents.

                                American Psychological Association, American Psychiatric Association, National Association of Social Workers, American Academy of Pediatrics, 2006

                                When was the last time two men or two women produced a baby on their own, the very lifestyle leads to death and destruction wake up people its not a civil right its perversity at its highest level that mock creation at its very core.

                                What does that have to do with marriage?

                                Unfortunately for christo-bigots like you, God does not make our laws; we are a secular nation.

                                • 4 votes
                                #18.8 - Fri Sep 21, 2012 10:19 AM EDT
                                Reply
                                Comment author avatarThe LazaroExpand Comment Comment collapsed by the community

                                Liberty for all except Circus Freaks. maybe it should become a test put to the Voters. It would fail everytime. So Gays believe they need to force their issues down heh heh everyones throats.

                                • 4 votes
                                Reply#19 - Thu Sep 20, 2012 1:48 PM EDT

                                Civil rights is not a majority-rules issue....civil rights are issues decided by the court. If civil rights were determined by majority vote then blacks would still be sitting in the back of the bus and drinking from "black only" drinking fountains.

                                • 20 votes
                                #19.1 - Thu Sep 20, 2012 1:55 PM EDT

                                Lazaro, how are gay people forcing their issues down your throat? When was the last time a gay person rang your doorbell and tried to convert you?

                                • 17 votes
                                #19.2 - Thu Sep 20, 2012 3:09 PM EDT

                                He is fantasizing.

                                force their issues down heh heh everyones throats

                                • 8 votes
                                #19.3 - Thu Sep 20, 2012 3:48 PM EDT

                                Gay's aren't even comfortable with who they are. Nothing more than something toxic in the water, air or food is causing a physiological change at conception. Nothing normal about it whatsoever.

                                  #19.4 - Thu Sep 20, 2012 4:12 PM EDT

                                  Lazaro :

                                  http://en.wikipedia.org/wiki/List_of_animals_displaying_homosexual_behavior

                                  it's perfectly natural. Now that we've established that you will probably tell us we should not be acting like animals...

                                  Theses threads always follow the same pattern. Until the bigot admit he just find gay behavior disgusting and leave.

                                  • 8 votes
                                  #19.5 - Thu Sep 20, 2012 5:00 PM EDT

                                  Lazaro - what a piece of work you are! How dare you bring your bigotry and hatred out and parade it shamelessly in front of all of us who are NOT cut from the same cloth you are. There are much better places for the likes of you, e.g. Rush's or Glenn Beck's web sites. Get off of this forum and go where you belong, where you'll be welcomed with the same hideous red carpet that those Master Miscreants walk upon.

                                  • 5 votes
                                  #19.6 - Thu Sep 20, 2012 7:28 PM EDT

                                  Wikpedia fraught with errors. As for you Sarita, you'll be dealt with by your God of convenience. I guess in your World if it doesn't win your favor then we should be cast out. Much how I feel about Circus Freaks of Nature. Touche'

                                    #19.7 - Thu Sep 20, 2012 7:56 PM EDT

                                    Lazaro, there are Wikipedia articles that have citations, and those are usually legitimate. I assume you think it's "fraught with errors" because it contradicts your bigoted rantings.

                                    BTW, God does not make our laws; we are a secular nation. And everyone does not believe in such fairy tales.

                                    • 7 votes
                                    #19.8 - Thu Sep 20, 2012 8:03 PM EDT

                                    Yes Erin, funny you should use the term "Fairy Tales".

                                      #19.9 - Fri Sep 21, 2012 12:06 PM EDT
                                      Reply

                                      Britney Spears and guy she married for 1 day: a holy and blessed union with taxation, estate, medical and other rights exclusively for married couples

                                      Kim Kardashian and NBA guy she married for 72 days: a holy and blessed union with taxation, estate, medical and other rights exclusively for married couples

                                      Joe and Brad who have been together for 40 years: an abomination with no taxation, estate, medical or other rights exclusively for married couples

                                      Something is wrong with this picture, and I say this as a heterosexual female married to a male.

                                      • 25 votes
                                      Reply#20 - Thu Sep 20, 2012 1:51 PM EDT

                                      And let's not forget that Tom Cruise, recently divorced, is now "interviewing" for his 4th wife.

                                      Yes...heterosexuals are doing a FINE job of making a mockery out of the sanctity of marriage without any help from anybody else.

                                      • 25 votes
                                      #20.1 - Thu Sep 20, 2012 2:00 PM EDT

                                      LOLS @ Oilman. Good one.

                                      and my 2 cents: to the haters: do you think that when the aliens come down here, they're going to see gay or straight or asian or black? We are ONE RACE. The human race are all of us regardless of the different suits we're wearing. We need to stick together and get strong. Wake up sheeple.

                                      so there.

                                      • 10 votes
                                      #20.2 - Thu Sep 20, 2012 2:37 PM EDT

                                      LGBT marriages should be recognized, period.

                                      If you really think gay marriage will damage your heterosexual marriage, then face it, it must not be that great a marriage to begin with. And if you really think gay marriage is against God's law, well, God doesn't need your help in identifying or dealing with sinners. He's got it, he can do just fine without your help, and you're not spotless yourself, so just chill and MYOB.

                                      • 11 votes
                                      #20.3 - Thu Sep 20, 2012 3:17 PM EDT
                                      Reply
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