CruisingRam,
Thanks for the clarification, I understand that now.
QUOTE(droop224 @ Sep 17 2005, 09:33 PM)
Allowing gays to marry will not lead to incest or polygamy, these things are already happening. What it does do ,is say that society does not have the right to set parameters between consenting adults in concerns to marriage. Or is that not what you are saying??
Society or the government? Sometimes society and the government conflict... for example the majority of society did not want interracial marriage, but it was still necessary for the government to allow it. In that sense, the State is like a nanny hired to work in the best interest of society. (Perhaps a weak analogy, but close enough for government work.) We are talking about civil marriage... the legal contract between the State and a couple... not between society and a couple. The State is like a nanny hired in the best interest of society.
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And yes there are obstacles to stop incest and polygamy that won't instantly dissolve as soon as gays are allowed to marry. However, the road map is set forth by the precedent of allowing Gay marriage.
Another ambiguous phrase... what is this "roadmap" that leads to the dissolution of these obstacles?
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Not allowing Gays to marry really is a moral issue. But your argument is that it is discriminatory to not allow them to marry and that the State has no valid interest to not allow them to marry. Now the other side has given you what they believe to be a valid state interest, which is "it removes us further from the idea that marriage is to promote procreation."
To combat this line of reasoning your side has argued the inconsistencies by picking out exceptions For instance, you will point out that we allow marriage between couples that we know are sterile and can not procreate.
You are truncating what I said... leaving the most important part out. According to the law, yes, the State must have a valid State interest... the State can claim any interest is valid...
but, the State must also show that the exclusion is
necessary in order to further that interest. That is the key part. That is the law. That is the way our government deals with questions regarding laws that limit fundamental rights... such as marriage. So, if the state does nothing to prevent those heterosexual couples who can't procreate from marrying and, in fact, requires some couples to be unable to procreate before marrying, it is obvious that the exclusion of a group because they can't procreate is
unnecessary. This being the case, to exclude on those grounds is considered unconstitutional. Do you follow that? That is the law, like it or not. Are you telling me that this is not the way the law works?
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Well, Entspeak if what you do works for Gay marriages what is to stop the other groups from using the same logic. You think you have an argument against allowing siblings to marry or polygamous relationships that does not have exception found in in normal marriage??
If you argue abuse in a polygamous relationships are abusive, one merely needs to point to the fact that some monogamous relationships facilitates abuse, yet they are still allowed to marry.
One of the aspects of marriage, fundamental aspects actually, is that it affords protections to spouses. Assumed paternity, for example, protects a child from being disowned by the father if paternity is questioned -- if the pregnancy happened during the marriage, the child is assumed to be the husband's. Of course, heterosexuals are slowly removing this final obligation explicitly related to procreation in marriage. Another example, is that it protects spouses in terms of assets in the event the marriage dissolves. It also protects spouses in terms of custody of children should the marriage dissolve. Now this system is geared towards couples, a pairing of two. This system would have to be reconstructed to accomodate polygamy. The State has a valid interest in maintaining the two-person nature of marriage because it is more efficient to regulate it in that manner. And it is unnecessarily complicated to accomodate multiple spouses in a marriage. Add to this, the history of abuse linked directly to polygamy and you have a necessary exclusion.
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If you argue that relationships involving incest should not be allowed to get married due to the fact there is a chance of child deformity. One can point out that couple that are high risk in concerns with child birth deformities are allowed to marry, now.
We already have incestuous marriages of a kind. The precedent for sibling marriage has already been set, so how can you claim that same-sex marriage will set a precedent for sibling marriage? That's just absurd. It is the marrying of first cousins and the requirement that they be sterile that has set that precedent. So, you can't hold sibling marriage over the heads of homosexual couples seeking to get married. Oh, and the obstacle I was referring to, again, was the possible abuse of an unwilling family member. Fathers forcing daughters to marry them. This makes the exclusion necessary. Protecting children. After all, a child can get married before the age of 18 with a parent's consent.