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MWEAVER

It is a tribute to the first amendment that this kind of vile contemptible nonsense is so freely propagated.
Articles Posted: 60  Links Seeded: 1035
Member Since: 3/2011  Last Seen: 5/20/2012

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Washington state Senate passes gay marriage bill

Seeded on Thu Feb 2, 2012 7:42 AM EST
Read ArticleArticle Source: Reuters
us-news, gay, gay-marriage, gay-rights, marriage-equality
Seeded by MWeaver
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The Washington state Senate passed legislation on Wednesday to legalize gay marriage in a highly charged vote that moved the state closer to joining six others and the District of Columbia in recognizing same-sex nuptials.

 

The 28-21 vote in favor of the measure -- three more votes than needed for passage -- sent it on to the state's House of Representatives, where the bill is expected to win swift approval by a comfortable margin as early as next week.

 

Both legislative bodies are controlled by Democrats. But the political dynamic on the issue shifted after Governor Christine Gregoire, a Democrat in her final year in office, announced last month she was backing the gay marriage bill.

 

The vote was greeted with raucous cheers from gay couples and their supporters, and with determined looks from opponents. Both groups packed the Senate's public galleries to witness the landmark action.

 

With passage in the House seen as virtually assured, foes of same-sex matrimony said they would seek the measure's repeal with a referendum asking voters to reaffirm marriage as being exclusively between one man and one woman.

 

To qualify for the November ballot, they need to collect at least 120,577 signatures of registered voters by July 6.

 

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  • Public Discussion (94)
MWeaver

Six other states already recognize same-sex marriage -- New York, Massachusetts, Connecticut, Vermont, New Hampshire and Iowa -- as does the District of Columbia. Supporters are moving to pass similar statutes in Maryland and New Jersey.

A referendum to legalize gay marriage in Maine has qualified for the November ballot there.

  • 8 votes
#1 - Thu Feb 2, 2012 7:43 AM EST
JEFFINVA

With passage in the House seen as virtually assured, foes of same-sex matrimony said they would seek the measure's repeal with a referendum asking voters to reaffirm marriage as being exclusively between one man and one woman.

I want to know why any public referendum should even be considered when the rights of others are concerned. If it worked like that I'm sure we would still be having problems with segregation.

  • 7 votes
#1.1 - Thu Feb 2, 2012 8:01 AM EST
Arad

I want to know why any public referendum should even be considered when the rights of others are concerned. If it worked like that I'm sure we would still be having problems with segregation.

I asked the same question when Iowa's supreme court justices -unanimously- determined that barring gay marriage was unconstitutional and the opponents started campaigning to get them voted out of their positions.

Also, cue the out-of-state money contributions into a state political matter.

  • 6 votes
#1.2 - Thu Feb 2, 2012 8:55 AM EST
JEFFINVA

Also, cue the out-of-state money contributions into a state political matter.

aka Romney's tax deductible donations to the Mormon church aka the coalition that made prop 8 in Cali.

  • 6 votes
#1.3 - Thu Feb 2, 2012 9:07 AM EST
Rational Brent

I want to know why any public referendum should even be considered when the rights of others are concerned.

You're confusing "right" with an administrative process. No where in our Constitution is marriage defined as a "right". I know it sounds better to the movement to use "right" because it tugs on heart strings, but that doesn't make marriage a right anymore than being able to turn right on a red light.

When they go after Constitutionally listed "RIGHTS", then you can complain.

  • 3 votes
#1.4 - Thu Feb 2, 2012 9:10 AM EST
Proud Pagan

I want to know why any public referendum should even be considered when the rights of others are concerned.

From a legal POV, it becomes quite complicated. The right to same-gender marriage has not been enumerated by the U.S. Constitution, nor the state constitution, nor has it been recognized by Federal Law or SCotUS precedent (DOMA still stands in the way of ANY Federal recognition.). Thus, it can still be considered subject to any/all local legislation, including referendum.

Kind regards

  • 8 votes
#1.5 - Thu Feb 2, 2012 9:15 AM EST
xcomunic8ed

No where in our Constitution is marriage defined as a "right".

Yes, it has. Loving v. Virginia

  • 4 votes
#1.6 - Thu Feb 2, 2012 9:38 AM EST
Rational Brent

A court case does not insert the right to wed in the Constitution.

My statement stands.

  • 2 votes
#1.7 - Thu Feb 2, 2012 9:46 AM EST
WTF-Really

No the 14th amendment does but Loving v. Virginia is the reason Marriage is considered under the 14th

  • 6 votes
#1.8 - Thu Feb 2, 2012 10:03 AM EST
Greenwood10

The vote was greeted with raucous cheers from gay couples and their supporters

They are a "lively" group. LOL

  • 1 vote
#1.9 - Thu Feb 2, 2012 10:15 AM EST
Proud Pagan

No where in our Constitution is marriage defined as a "right"

Yes, it has. Loving v. Virginia

A court case does not insert the right to wed in the Constitution.

You're all arguing semantics.

BRENT, I'll remind YOU of the Ninth Amendment:

  • The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

There is no requirement, whatsoever, that a "right" be enumerated to be considered a fundamental right. Once a right has been acknowledged or recognized by SCotUS precedent to be fundamental, it has the same strength and value as any right enumerated in the U.S. Constitution.

And yes, Loving v. Virginia established marriage (as a concept, devoid of gender distinction) as a fundamental right.

Regards

  • 6 votes
#1.10 - Thu Feb 2, 2012 10:24 AM EST
Dennis Kemmerer

Rational Brent wrote:

No where in our Constitution is marriage defined as a "right".

It's case law.

  • 4 votes
#1.11 - Thu Feb 2, 2012 11:28 AM EST
Richard, WA

No the 14th amendment does but Loving v. Virginia is the reason Marriage is considered under the 14th

There is no requirement, whatsoever, that a "right" be enumerated to be considered a fundamental right.

Excellent points WTF & Proud - glad you're here.

This is an incredible time for WA, and long overdue. Very exciting.

  • 5 votes
#1.12 - Thu Feb 2, 2012 12:44 PM EST
Proud Pagan

It's case law.

Case law is established under stare decisis, which creates a precedent based on legal judgments and legal declarations rendered in similar past cases. A fundamental right is acknowledged by examining historical foundation and long-standing social tradition, and is NOT subject to the law or legislation except under narrowly construed circumstances.

Case law supports the recognition of a right, but the right, itself, stands apart from the law.

Regards

  • 4 votes
#1.13 - Thu Feb 2, 2012 12:55 PM EST
Jimster

No where in our Constitution is marriage defined as a "right". Ever heard of Life, Liberty, and the pursuit of happiness?

Otherwise your saying if the federal government decided to ban heterosexual marriage they would have the right to do so - silly.

  • 3 votes
#1.14 - Thu Feb 2, 2012 1:12 PM EST
Richard, WA

Ever heard of Life, Liberty, and the pursuit of happiness?

I don't believe that is found in the Constitution.

Otherwise your saying if the federal government decided to ban heterosexual marriage they would have the right to do so - silly.

No, that would also be a violation of the 14th Amendment.

  • 2 votes
#1.15 - Thu Feb 2, 2012 1:29 PM EST
WTF-Really

Thanks for the compliment Richard and PP's stuff is always insightful.

  • 5 votes
#1.16 - Thu Feb 2, 2012 1:55 PM EST
Proud Pagan

Excellent points WTF & Proud - glad you're here

Yes, thank you very much, Richard. One is glad to be of service. :-)

Kind regards

  • 5 votes
#1.17 - Thu Feb 2, 2012 2:06 PM EST
Jim Comfort

Rational Brent wrote:

You're confusing "right" with an administrative process. No where in our Constitution is marriage defined as a "right". I know it sounds better to the movement to use "right" because it tugs on heart strings, but that doesn't make marriage a right anymore than being able to turn right on a red light.

When they go after Constitutionally listed "RIGHTS", then you can complain.

Actually, marriage is Constitutionally protected by the 9th and 10th amendments.

  • 2 votes
#1.18 - Thu Feb 2, 2012 2:47 PM EST
Dennis Kemmerer

Proud Pagan wrote:

but the right, itself, stands apart from the law.

Yes, of course that's correct, and, as a student of political science, I understand that.

I just didn't think it was worth going into it to that level in this context, primarily because the effect is the same.

  • 3 votes
#1.19 - Thu Feb 2, 2012 4:03 PM EST
Rational Brent

Sory, I still don't see marriage as a right for anyone. Some judges have written opinions that would hint at that, but it's no more a right than driving down the road.

Activists WANT their causes to be clearly enumerated rights, but that doesn't make it so.

I have no problem with gays marrying and I live in WA btw.

I don't think we should put limits on any combination of legal aged (age is where I would draw the line) adults marying each other.

  • 2 votes
#1.20 - Thu Feb 2, 2012 4:21 PM EST
Richard, WA

Yes, thank you very much, Richard. One is glad to be of service. :-)

Quite welcome. FR sent.

  • 2 votes
#1.21 - Thu Feb 2, 2012 4:35 PM EST
Rational Brent

Richard-in Bremerton. Weather almost good enough to dust off the Harley.

  • 2 votes
#1.22 - Thu Feb 2, 2012 4:41 PM EST
Richard, WA

I know the feeling! I'm in Lynnwood. I've been thinking about putting on shorts this weekend.

  • 2 votes
#1.23 - Thu Feb 2, 2012 4:50 PM EST
Jim Comfort

Rational Brent wrote:

Sory, I still don't see marriage as a right for anyone. Some judges have written opinions that would hint at that, but it's no more a right than driving down the road.

Activists WANT their causes to be clearly enumerated rights, but that doesn't make it so.

Actually, I consider myself to be a Constitutional Libertarian in leaning, and it appears that you seem to believe that if a right isn't specifically enumerated that the right doesn't exist. The truth is, nothing could be further from the truth. The rights enumerated in the Constitution are rights that are a guarantee in that the government may not infringe on those rights. That is because the Constitution is a rule book for the government to follow, not a rule book for us to follow. So any rights that aren't enumerated are retained by the states and by the people respectively.

  • 5 votes
#1.24 - Thu Feb 2, 2012 6:27 PM EST
ErinNJ

Some judges have written opinions that would hint at that, but it's no more a right than driving down the road.

Actually, those "judges" were US Supreme Court Justices, and they more than "hinted at that":

Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. Skinner v. Oklahoma, 316 U.S. 535, 541 (1942). See also Maynard v. Hill, 125 U.S. 190 (1888). To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law.

Loving v. Virginia, 388 US 1 (1967)

  • 4 votes
#1.25 - Thu Feb 2, 2012 9:43 PM EST
Proud Pagan

Yes, of course that's correct, and, as a student of political science, I understand that. I just didn't think it was worth going into it to that level in this context...

Yes, indeed, and as an ocd with adhd on my third cup of coffee, well, perhaps I slipped a little over the top. It's been known to happen. :-) From time to time.

Kind regards

  • 3 votes
#1.26 - Thu Feb 2, 2012 10:48 PM EST
Dennis Kemmerer

Proud Pagan wrote:

perhaps I slipped a little over the top.

Sometimes I get that way, especially when I've had a particularly bad insomnia spell. :)

No harm, no foul.

  • 2 votes
#1.27 - Fri Feb 3, 2012 12:09 AM EST
Rational Brent

Let me put it this way:

We're arguing about it because it is not clear.

Better?

    #1.28 - Fri Feb 3, 2012 9:20 AM EST
    Reply
    Libertarian y2k

    I don't even know why the states reserve the right to acknowledge personal contracts between individuals. The government shouldn't be involved with making unions legal or illegal either on a state or federal level. That is personal. If you want to marry the same sex it is up to the ones entering the contract. Hell, if you want to marry your sister, brother, mother or father it should not be legislated :) The majority of society may find it repugnant but agreements between consenting adults should not be morally legislated.

    • 6 votes
    #2 - Thu Feb 2, 2012 8:16 AM EST
    JEFFINVA

    But if the government wasn't involved they couldn't gouge you when you apply for a marriage liscense. I know it's only $50 but still. I have found that when money is involved the government ALWAYS has it's quick hand near the plate.

    • 5 votes
    #2.1 - Thu Feb 2, 2012 8:23 AM EST
    MWeaver

    Married couples are legally responsible for one other (financially, medically, etc etc), and that takes a government to recognize it.

    If there was a way around that one problem, I would agree with you two 100%.

    • 4 votes
    #2.2 - Thu Feb 2, 2012 8:33 AM EST
    Libertarian y2k

    Personally I don't see a reason for "marriage" in the legal term anyways. These contracts can be entered into on a case by case if they want legal assurances. Hell, in some states you are considered "legally married" even if you never got married via common law. So in some cases you can't get married (as defined by the law) if you want to and in some cases the state marries you off against your will! They should do away with legal marriages completely; but the lawyers and tax collectors will not let that happen :)

    • 5 votes
    #2.3 - Thu Feb 2, 2012 8:38 AM EST
    Marshall James

    mweaver

    your argument on government involvment in our lives holds no water.

    you do not need government saying its ok for you to marry.

    this is all about taking money from the poor and control over the masses.

    its only natural that they want to start milking gays too.

    • 4 votes
    #2.4 - Thu Feb 2, 2012 8:54 AM EST
    MWeaver

    your argument on government involvment in our lives holds no water.

    It's not government involvement; it's government recognition of a relationship.

    You get sick, you're in a comma and somebody needs to make a medical choice on your behalf. What separates your partner from a stranger on the street? The fact that you both willingly entered into that relationship, whether it be a marriage license, or like Libertarian said "common law marriage". Either way, the stamp of a governing body is required.

    I don't see a way around it.

    • 5 votes
    #2.5 - Thu Feb 2, 2012 9:00 AM EST
    Proud Pagan

    you do not need government saying its ok for you to marry.

    this is all about taking money from the poor and control over the masses.

    It's funny you should bring up money. If a person were to die, leaving millions of dollars in cash and properties, who should inherit it? His family, who disowned him because he chose to share his life with another man? And who he has not seen in almost 20 years? Or his partner, who has been with him, for better or for worse, for the past 25 years?

    Property rights play a significant role in marriage, and MUST be regulated by law, whether state or Federal.

    Regards

    • 5 votes
    #2.6 - Thu Feb 2, 2012 9:08 AM EST
    Marshall James

    as libertarian pointed out there are already ways to connect people without that piece of paper.....common law marriage?

    that is what wills are for....and courts.

    its not that hard.....lol its amazing to me that people actually think that there is no life besides that of government control.

    government hs no business in marriage of any kind.

    • 4 votes
    #2.7 - Thu Feb 2, 2012 9:11 AM EST
    Rational Brent

    PP, whatever his will says.

    Marriage not required. You've heard of people leaving millions to their pets?

    • 2 votes
    #2.8 - Thu Feb 2, 2012 9:16 AM EST
    MWeaver

    its not that hard.....lol its amazing to me that people actually think that there is no life besides that of government control.

    government hs no business in marriage of any kind.

    So, the government recognizing the legality of a marriage license is bad. But the government recognizing the legality of a will is OK?

    Either way, government is involved. Now you're asking the couple to spend money of several different government documents to accomplish the same thing one simple marriage certificate does.

    • 5 votes
    #2.9 - Thu Feb 2, 2012 9:20 AM EST
    Proud Pagan

    .....common law marriage?

    Common law marriages are being recognized by fewer states every year. Presently, only eleven states allow common-law-marriages.

    that is what wills are for....and courts.

    Wills can be contested by the family. As far as courts are concerned; if there are no laws regarding marital property, there is no court case. Courts may handle ONLY matters of law, not every disagreement under the sun.

    Regards

    • 6 votes
    #2.10 - Thu Feb 2, 2012 9:21 AM EST
    Ian-2690048

    its not that hard.....lol its amazing to me that people actually think that there is no life besides that of government control.

    It's amazing that you equate government acknowledgment to government control.

    • 5 votes
    #2.11 - Thu Feb 2, 2012 9:22 AM EST
    Proud Pagan

    You've heard of people leaving millions to their pets?

    Yes. I've also heard of families contesting such a will, and winning.

    Regards

    • 6 votes
    #2.12 - Thu Feb 2, 2012 9:22 AM EST
    Rational Brent

    Wills can be contested by the family as long as they have a reason the court considers valid. Let's not get carried away here. A person of sound mind's will will not be altered by the legal system.

    Do you have an example of a will being successfully contested solely because of the gender of the designee?

    The only way they win is to prove the person was not sane when they wrote it. More money "goes to the dogs" than gets taken away.

    • 3 votes
    #2.13 - Thu Feb 2, 2012 9:23 AM EST
    Marshall James

    Ian

    can you get married without government approval?? license?? answer is no...that is government control.

    educate yourself on the subject.

    wills can be contested.....good....that means we still live in a free society.

    it should be the same for any married couple...gay or not.

    married..if one dies...they break out the will...if any problems...heads off to court.

    not that big of deal. its called freedom.

    • 3 votes
    #2.14 - Thu Feb 2, 2012 9:29 AM EST
    Proud Pagan

    Do you have an example of a will being successfully contested solely because of the gender of the designee?

    Vasquez v. Hawthorne 99 Wn. App. 363,994 P.2d 240,2000 Wash. App.

    Regards

    • 4 votes
    #2.15 - Thu Feb 2, 2012 9:30 AM EST
    Rational Brent

    PP, no "WILL" in that story. It was about community property and SPECIFICALLY states there WAS NO WILL.

    (4th par, 3rd sentence under "Facts)

    Regards

    • 5 votes
    #2.16 - Thu Feb 2, 2012 9:44 AM EST
    Rational Brent

    People vote up incorrect facts?

    Sports fans?

    • 4 votes
    #2.17 - Thu Feb 2, 2012 9:53 AM EST
    Proud Pagan

    PP, no "WILL" in that story...

    I apologize, I'm in the office today, and I just shot that one off. My bad. I'm pretty sure I have a link to a more applicable case, I'll post something later this afternoon.

    People vote up incorrect facts?

    It still supports half my point. :-) Divide the number of votes in half, if it makes you feel better.

    Regards

    • 5 votes
    #2.18 - Thu Feb 2, 2012 10:28 AM EST
    Rational Brent

    Ha!

    Have a good one. No harm, no foul. (my Sports Fan comment was directed at those who "wish" what was said is correct, and a huge part of the American political problem, imo)

    • 3 votes
    #2.19 - Thu Feb 2, 2012 4:17 PM EST
    Proud Pagan

    Have a good one. No harm, no foul.

    It's just as well, I'll have to concede the point. The case I was thinking of was local, and no info exists on the Internet. I can't post the information myself, at least not enough to support my point, without violating a few privacy regulations.

    Chalk it up as anecdotal. Again, I apologize.

    Regards

    • 3 votes
    #2.20 - Thu Feb 2, 2012 6:42 PM EST
    Reply
    hvymtl83

    OMG! Sadly yet another state has fallen into the hands of Satan himself. We are doomed as a country. What's next, dogs and cats cohabitating? It's positively unnatural, I tell ya.

    (How did every one like my rightwingnut zealot impersonation?)

    • 7 votes
    Reply#3 - Thu Feb 2, 2012 8:34 AM EST
    MWeaver

    (How did every one like my rightwingnut zealot impersonation?)

    Spot on! ;-)

    • 6 votes
    #3.1 - Thu Feb 2, 2012 8:35 AM EST
    JEFFINVA

    (How did every one like my rightwingnut zealot impersonation?)

    Glad you put that or I might have been suspended today.

    • 4 votes
    #3.2 - Thu Feb 2, 2012 8:47 AM EST
    Proud Pagan

    Yep. We've known of the potential dangers involved since 1984.

    Dogs and cats living together...

    Biblical proportions, I tell ya, BIBLICAL.

    Egads!

    • 3 votes
    #3.3 - Thu Feb 2, 2012 8:53 AM EST
    hvymtl83

    Glad you put that or I might have been suspended today.

    The dogs and cats thing shoulda given it away.

    • 2 votes
    #3.4 - Thu Feb 2, 2012 9:05 AM EST
    JEFFINVA

    The dogs and cats thing shoulda given it away.

    You would think that, but unfortunately I've heard that argument before.

    • 3 votes
    #3.5 - Thu Feb 2, 2012 9:19 AM EST
    Reply
    Daniel The Mensch

    It's a damn FINE DAY to be a Washingtonian! The seventh State in the Union to finally acknowledge that equal access to and protection under the law cannot be denied to any citizen in good standing for arbitrary reasons such as sexual orientation. For human kind it is one step further away from our living in caves.

    • 7 votes
    Reply#4 - Thu Feb 2, 2012 9:11 AM EST
    deepwater don

    Make that 2 of us proud to be Washingtonians!

    • 5 votes
    #4.1 - Thu Feb 2, 2012 9:37 AM EST
    Richard, WA

    Three!

    • 4 votes
    #4.2 - Thu Feb 2, 2012 12:48 PM EST
    Reply
    IndependentVoter

    Sad

    • 2 votes
    Reply#5 - Thu Feb 2, 2012 9:29 AM EST
    IconoclastX

    I agree; it is very sad that out of fifty states, so far only seven are willing to treat all people equally.

    • 6 votes
    #5.1 - Thu Feb 2, 2012 9:47 AM EST
    Marshall James

    what is sad is that all states violate our rights to marry who we want when we want to by regulating our right to marry.

    that is more sad.

    • 5 votes
    #5.2 - Thu Feb 2, 2012 9:51 AM EST
    Rational Brent

    Marchall, feel the same way about polygamy?

    • 1 vote
    #5.3 - Thu Feb 2, 2012 4:23 PM EST
    Rational Brent

    Marshall-apologies

    • 1 vote
    #5.4 - Thu Feb 2, 2012 4:39 PM EST
    IconoclastX

    I feel the same way about polygamy as I do about gay marriage; provided all parties involved are mutually willing & otherwise legally able to enter into a marriage, it doesn't affect me in the slightest. The only problem I see there comes from handling legal rights in a multi-spousal marriage (property ownership, visitation rights, tax status, division of assets & child custody/support assignments in a divorce, etc.); that would either require additional legislation to handle, or else would result in some pretty sticky court cases.

    • 5 votes
    #5.5 - Thu Feb 2, 2012 4:44 PM EST
    Marshall James

    as long as it is a voluntary contract between two or more adults....I have no business telling them what or why they cannot do it.

    its their business not mine.

    • 2 votes
    #5.6 - Thu Feb 2, 2012 6:45 PM EST
    Rational Brent

    Iconoclast, Marshall, agreed.

      #5.7 - Fri Feb 3, 2012 9:24 AM EST
      Reply
      Marshall James

      by the way mweaver

      clipped this to american northwest vine.

      peace.

      • 4 votes
      Reply#6 - Thu Feb 2, 2012 9:51 AM EST
      MWeaver

      Thanks. :-)

      • 2 votes
      #6.1 - Thu Feb 2, 2012 10:17 AM EST
      Reply
      Scott D-552243

      If the thought of gay marriage bothers you then simply don't marry a gay person ,other than that STFU.

      Can't you bible thumping homophobic bigoted hate mongers find something better to do than be concerned with something that has absolutely nothing to do with you and in no way shape or form affects you

      • 4 votes
      Reply#7 - Thu Feb 2, 2012 9:53 AM EST
      IndependentVoter

      Who is minding the children?

      • 1 vote
      #7.1 - Thu Feb 2, 2012 5:53 PM EST
      Richard, WA

      Who is minding the children?

      Hopefully, the parents. And by "parents" I mean the people who have taken the responsibility to raise the child.

      Being a parent and producing offspring are not the same thing.

      • 3 votes
      #7.2 - Thu Feb 2, 2012 6:02 PM EST
      IndependentVoter

      Who could it possibly hurt? Children and the rest of society.

      "Across history and cultures . . . marriage's single most fundamental idea is that every child needs a mother and a father. Changing marriage to accommodate same-sex couples would nullify this principle in culture and in law."

      David Blankenhorn, The Future of Marriage.

      A life-long, pro-gay, liberal democrat who disagrees with the Bible's prohibitions against homosexual behavior.

      The state endorses marriage primarily because of what marriage does for children and in turn society. Society gets no benefit by redefining marriage to include homosexual relationships. But the very future of children and a civilized society depends on stable marriages between men and women. That's why, regardless of what you think about homosexuality, the two types of relationships should never be legally equated.

      According to Jeffrey Satinover, M. D., a psychiatrist and member of the Department of Politics at Princeton University, there is no more important reason to prohibit same-sex marriage than the effects it would have on children.

      • 1 vote
      #7.3 - Thu Feb 2, 2012 6:25 PM EST
      Syntactic Tree

      Two points:

      Gay couples can adopt, elect surrogacy or in vitro fertilization, etc.; i.e., they can have, and can raise, children, and the children they produce and raise are no different than children produced and raised by heterosexuals.

      Second, not all heterosexual couples have, or can have, children, and yet they can, and still do, get married.

      The arguments from 7.3 lose on both grounds. If that premise was in any way remotely true, infertile heterosexual couples would not be allowed to marry, and child-rearing would be a pre-requisite for a marriage certificate.

      • 4 votes
      #7.4 - Thu Feb 2, 2012 6:34 PM EST
      IndependentVoter

      Gay couples can adopt, elect surrogacy or in vitro fertilization, etc.; i.e., they can have, and can raise, children, and the children they produce and raise are no different than children produced and raised by heterosexuals.

      Some major studies and Psychologists disagree.

      Second, not all heterosexual couples have, or can have, children, and yet they can, and still do, get married.

      True...so?

      The arguments from 7.3 lose on both grounds.

      Sure when you invent the premise.

      • 1 vote
      #7.5 - Thu Feb 2, 2012 6:40 PM EST
      Syntactic Tree

      Some major studies and Psychologists disagree.

      Some "major studies and psychologists" can be cited for both sides of the issue. At the end of the day, every professional researchers' bias/agenda in every field cannot be wholly removed from their work.

      True...so?

      marriage's single most fundamental idea is that every child needs a mother and a father.

      Well, if the "single most fundamental idea" of a marriage is to raise children, then a marriage without children is, by that definition, pointless. Which is why, operating under the incorrect assumption that gays cannot or do not raise children, some have argued that preventing gays from marrying follows from that. If that is true - that the "single most fundamental idea" of a marriage is children - and if not having or not being able to have children is a reason to prevent marriage, then the same should apply to heterosexual couples who cannot or do not have children.

      Sure when you invent the premise.

      I "invented" nothing. You introduced the premise. I refuted it.

      • 3 votes
      #7.6 - Thu Feb 2, 2012 6:47 PM EST
      IndependentVoter

      I "invented" nothing. You introduced the premise. I refuted it.

      No

      • 1 vote
      #7.7 - Thu Feb 2, 2012 6:59 PM EST
      Syntactic Tree

      Yes.

      • 3 votes
      #7.8 - Thu Feb 2, 2012 7:08 PM EST
      Richard, WA

      The state endorses marriage primarily because of what marriage does for children and in turn society. Society gets no benefit by redefining marriage to include homosexual relationships.

      How can this statement be interpreted in any other way than that the only meaningful purpose of marriage is to raise children?

      People enter marriage because they want to enter into a committed relationship and gain the benefits and responsibilities of that relationship as recognized by the state.

      Many people then have children.

      The argument that the marriage of those couples who do not have children (for whatever reason) is less valuable to society than those who do is ridiculous. Furthermore the argument that children raised by gay parents are less valuable to society is equally ridiculous. A few references from a quick web search:

      w w w.time.com/time/health/article/0,8599,1994480,00.html

      w w w.webmd.com/mental-health/news/20051012/study-same-sex-parents-raise-well-adjusted-kids

      w w w.post-gazette.com/pg/07161/793042-51.stm

      w w w.usatoday.com/news/health/2010-01-21-parentgender21_ST_N.htm

      I have to admit, though, this is pretty difficult to refute:

      No

      • 3 votes
      #7.9 - Thu Feb 2, 2012 7:21 PM EST
      ErinNJ

      Independent Voter, are you referring to the same David Blankenhorn who testified at the Prop H8 trial in California as an "expert witness" on behalf of the proponents of Prop H8, and whose testimony was thoroughly refuted and debunked, and he himself was completely discredited as an "expert"? THAT David Blankenhorn?

      An example:

      Despite this response, proponents in their trial brief promised to “demonstrate that redefining marriage to encompass same-sex relationships” would effect some twenty-three specific harmful consequences. Doc #295 at 13-14. At trial, however, proponents presented only one witness, David Blankenhorn, to address the government interest in marriage. Blankenhorn’s testimony is addressed at length hereafter; suffice it to say that he provided no credible evidence to support any of the claimed adverse effects proponents promised to demonstrate.

      David Blankenhorn, founder and president of the Institute for American Values, testified on marriage, fatherhood and family structure. Plaintiffs objected to Blankenhorn’s qualification as an expert. For the reasons explained hereafter, Blankenhorn lacks the qualifications to offer opinion testimony and, in any event, failed to provide cogent testimony in support of proponents’ factual assertions.

      Blankenhorn received a BA in social studies from Harvard College and an MA in comparative social history from the University of Warwick in England. After Blankenhorn completed his education, he served as a community organizer in low-income communities, where he developed an interest in community and family institutions after “seeing the weakened state” of those institutions firsthand, “especially how children were living without their fathers.”

      Blankenhorn has edited four books about family structure and marriage, Tr 2728:13-22, and has co-edited or co-authored several publications about marriage. Doc #302 at 21. Plaintiffs challenge Blankenhorn’s qualifications as an expert because none of his relevant publications has been subject to a traditional peer-review process, Tr 2733:2-2735:4, he has no degree in sociology, psychology or anthropology despite the importance of those fields to the subjects of marriage, fatherhood and family structure, Tr 2735:15-2736:9, and his study of the effects of same-sex marriage involved “read[ing] articles and ha[ving] conversations with people, and tr[ying] to be an informed person about it,” Tr 2736:13-2740:3. See also Doc #285 (plaintiffs’ motion in limine). Plaintiffs argue that Blankenhorn’s conclusions are not based on “objective data or discernible methodology,” Doc #285 at 25, and that Blankenhorn’s conclusions are instead based on his interpretation of selected quotations from articles and reports, id at 26. The court permitted Blankenhorn to testify but reserved the question of the appropriate weight to give to Blankenhorn’s opinions. Tr 2741:24-2742:3. The court now determines that Blankenhorn’s testimony constitutes inadmissible opinion testimony that should be given essentially no weight.

      Perry v. Schwarzenegger

      I would also presume that you are referring to the same Jeffrey Satinover who claims that there is no such thing as "sexual orientation," and therefore there should be no civil rights extended for something that does not exist.

      It might be helpful if you found some reliable, credible, unbiased, peer-reviewed sources in the future.

      • 6 votes
      #7.10 - Thu Feb 2, 2012 10:03 PM EST
      Arad

      Gentlemen, gentlemen, why don't we ask a child who was raised in a gay household if it was good for him or not? (Raw link: http://www.youtube.com/watch?v=FSQQK2Vuf9Q) Apparently Newsvine doesn't want to let me embed the hyperlink into text.

      Regardless, just over a year ago, Zach Wahls, a 19 year old Eagle scout, college student, business owner and the son of two mothers, spoke to the Iowa legislature about how the prospect of gay marriage did NOT hurt him in any way whatsoever.

      • 2 votes
      #7.11 - Fri Feb 3, 2012 9:59 AM EST
      Reply
      WTF-Really

      And 1 more state moves towards equality

      • 6 votes
      Reply#8 - Thu Feb 2, 2012 10:01 AM EST
      Jim Comfort

      I must admit that my biggest concern is that next we'll see a group trying to force churches to allow gay marriages in their churches by raising anti-discrimination questions even if gay weddings would go against said churchs' doctrine.

      • 4 votes
      Reply#9 - Thu Feb 2, 2012 3:00 PM EST
      Proud Pagan

      I must admit that my biggest concern is that next we'll see a group trying to force churches to allow gay marriages in their churches...

      It's something of a concern to me as well, but I don't believe it will become a problem, as claims of discrimination should fall under ministerial exception. No church should be compelled to perform a ceremony contrary to it's established principles.

      Regards

      • 6 votes
      #9.1 - Thu Feb 2, 2012 3:09 PM EST
      MWeaver

      I don't see that as a potential problem.

      Some churches won't marry couples today if one or both have been married previously, because it's against their beliefs. The couples just find a different church.

      • 5 votes
      #9.2 - Thu Feb 2, 2012 3:11 PM EST
      Syntactic Tree

      That churches won't be compelled to perform ceremonies against their teachings is part of the bill. As far as I'm aware, it's also part of the law in Iowa. I can't speak for other states, but I would imagine it holds elsewhere, as well.

      • 6 votes
      #9.3 - Thu Feb 2, 2012 3:14 PM EST
      Proud Pagan

      I can't speak for other states, but I would imagine it holds elsewhere...

      Mmmmm, true enough, but Jim still raises a fair question in that, later in life, or further down the road, some might try to take this issue into that direction.

      Regards

      • 4 votes
      #9.4 - Thu Feb 2, 2012 3:22 PM EST
      Richard, WA

      There's potentially something there. There was a case in Hawaii where a US District Judge denied a request by a church to prevent same-sex ceremonies and receptions from being conducted on church grounds.

      w w w.hawaiireporter.com/judge-wont-block-new-hawaii-civil-union-law/123

      Not quite the same thing, but in the same ballpark.

      I fail to see how a church's refusal to perform same-sex marriage would be prohibited under the equal protection clause, but I'm certainly no Constitutional scholar.

      • 2 votes
      #9.5 - Thu Feb 2, 2012 3:38 PM EST
      Pacific Northwest Blogger

      This kind of proactive pitch is already being heard:

      Christian Wedding Photographer Won't Compromise Faith If Gay Marriage Legalized

      Critics of gay marriage warn it will lead to a flurry of lawsuits alleging discrimination. But as Olympia Correspondent Austin Jenkins reports, Washington law already requires that these businesses serve same–sex couples.

      A church that takes money to perform a wedding "is doing business". Thus this will be an issue, especially in eastern Washington which is much more "conservative".

      • 2 votes
      #9.6 - Thu Feb 2, 2012 3:45 PM EST
      Dennis Kemmerer

      Richard, WA wrote:

      Not quite the same thing, but in the same ballpark.

      That case is a public accommodation issue.

      • 3 votes
      #9.7 - Thu Feb 2, 2012 4:06 PM EST
      Richard, WA

      That case is a public accommodation issue.

      True enough, but I can see a case made such that just as government property is generally not allowed to display religious materials because it represents an endorsement of a particular religion by the state, the church should not be required to accommodate activities on its grounds that it opposes because it could be construed as endorsement by the church.

      I'm not saying the church is necessarily right - just playing devil's advocate.

      • 2 votes
      #9.8 - Thu Feb 2, 2012 6:24 PM EST
      Proud Pagan

      There's potentially something there. There was a case in Hawaii where a US District Judge denied a request by a church to prevent same-sex ceremonies and receptions from being conducted on church grounds.

      The church is already protected from being compelled to perform a wedding against their established principles. My bet is that they already know this. They're just making noise.

      A church that takes money to perform a wedding "is doing business". Thus this will be an issue, especially in eastern Washington which is much more "conservative".

      I addressed this same issue in another post some time ago. The wedding photographer is seeking nothing less than permission to be a bigot. Wedding photography is not a church function, and as such, must abide by all anti-discrimination laws.

      If she doesn't want to take pictures at a same-gender wedding, she needs to get into a different business.

      Regards

      • 4 votes
      #9.9 - Thu Feb 2, 2012 6:38 PM EST
      Dennis Kemmerer

      Richard, WA wrote:

      I'm not saying the church is necessarily right - just playing devil's advocate.

      Point taken, but I think the church would have a really rough time with a religious exemption claim in this case.

      • 2 votes
      #9.10 - Thu Feb 2, 2012 7:38 PM EST
      ErinNJ

      Currently, churches are not compelled to perform gay marriages in states where it is legal, just as they are not compelled to perform other marriages that go against their religious tenets, such as Catholics marrying divorced people, etc. There is no reason to think that they will be forced to start performing such marriages in the future.

      • 6 votes
      #9.11 - Thu Feb 2, 2012 10:06 PM EST
      Reply
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