Sorry for the delay
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What? The term? So you can define the term... of course your definition of the term is different from the one held under law in this country prior to the 1970's. I can define terms, too. Family: people related by blood or marriage. I can show the history of that term. This does not prevent the government from defining it differently in the law to include roommates not related by blood or marriage. And in terms of the law, their definition would be the one used and not mine.
And yet the
legally defined term prior to 1970, still did not allow for homosexual marriage though there was no ban or law against same-sex marriage.
Not only that, let's say the legal definition of family was: people related by blood or marriage. What would stop a person with AB negative blood from claiming all people with AB negative blood is his/her family, taking notes from
Entspeak's "don't forget to specify the obvious" rulebook, because the law is unspecific on how the "blood" needs to "relate".
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Civil marriage is codified marriage.
And what does this mean?
You take the institute of marriage and incorporate it into law.
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They went on to ultimately decide that the government did not have the constitutional ability to restrict this choice based on race.
The existence of government parameters or boundaries restricts or infringes upon a right, but a restriction or infringement does not mean the right does not exist.
I added the specifics so that you would have a couple that, under current law could choose to marry. Why did I feel that was necessary? So that you couldn't qualify your answers by adding existing parameters and boundaries. The question relates to the creation by the State of a new law that prevents these specific people and others like them from marrying and whether such a law would be constitutional.
Because, as the justices stated in Goodridge, "the right to marry means little if it does not include the right to marry the person of one's choice, subject to appropriate government restrictions..."
This is why I said that you have no concept of how rights are protected in this country, droop. No right is completely inviolable. We have the right to free speech, but it is not protected to the extent that the State can't arrest you for shouting "Fire!" in a crowded theatre. Just because a right has boundaries and parameters, doesn't mean the right doesn't exist. It means that the government has placed boundaries and parameters on the right - some of which may be unconstitutional. Interracial marriage bans, for example, were about the right to choose to marry a person of a different race... it was ruled unconstitutional to place a restriction on the choice based on race alone.
It's not that I don't understand how right's are protected in this county Entspeak, I just disagree with you.
If I were to yell "Fire, fire" were my right's violated?? Many would say "no". Why?? Because the the right to freedom of speech never translated to mean "the right to say ANYTHING you want"
The right to marry is the same. You can easily find language such as
"the right to marry means little if it does not include the right to marry the person of one's choice, subject to appropriate government restrictions"
because the concept of same-sex marriage, has not developed. When you are dealing with something that innately involve both genders people are going to use non-gender specific terms, like
persons. You don't exclude something that is already excluded by nature. I don't need to use language to exclude same sex marriage if the concept of marriage needs both genders. Because the fact that they are the same sex is what excludes them.
You have the right to marry anyone within the concept of marriage is what the Judge was saying. So you must go to the concept of marriage at that time if you are going to use his words. Again you want to change the concept of marriage.
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Sorry, had to jump to this. They never changed the marriage contract? Ummm...

Really? Well, what makes up a civil marriage contract? Well, you agree to marry and abide by certain rules... we'll call them, oh... laws... aw, heck, we'll call them marriage laws. These are the laws that make up the civil marriage contract.
ummm here we go again

Let's not, I repeat let's NOT call laws that deal with marriage the terms of a civil marriage contract. Let's just stop that there, unless we have to go into what a contract is. Where are these laws posted on your contract. Are they in your vows?? I mean I actually had to go go into my lock box and pull out my marriage certificate.... nope... nothing about marriage laws, nothing about sodomy.
You do this time and time again... you frame the debate by stretching the base to mean something that i does not. So now you are going to say look how these laws have changed, thus the contract between marriages have changed, but the premise that marriage laws are part of the contract between married people... ridiculous at best.
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Now, some time ago... when you agreed to marry, you were allowed to have sex, but also agreed not to use contraception when having sex.
Also, some time ago... when you agreed to be married, you agreed not to engage in any other type of sexual activity except penetrative vaginal intercourse and your marriage was not "complete" until said act occurrred.
Which of these aspects of the civil marriage contract exist today? Well, in some states you can challenge paternity when you are married, so that one still exists in most states, I believe... but none of the others do.
So, the civil marriage contract changed.
The law makes smoking weed illegal, I never told them i wasn't going to do it. Show us this "contract"... not the laws... the contract. And taking a page from
YOUR book. I don't see that specified in the legal definition.
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Ah, Plato's Cave in color theory.
Well, what if I were to tell you that orange was a combination of red and green. Can orange be a combination of red and green? Yes, Socrates. Would I be changing what orange was... would I be changing the concept of orange? No, Socrates. Would I be changing the fundamental nature of what orange is? No, Socrates.
Orange would still be orange if it was a combination of red and yellow or if it was a combination of red and green or if it was a combination of magenta and yellow.
So, I don't think your color analogy is going to work in your favor... why? ...to be continued, below
.....
Well, I'm telling you red and green is orange. I'm telling you magenta and yellow is orange. I can do that without changing the concept of orange. Because I understand that fundamentally... essentially... orange is a color created through the combination of two primary colors. Depending on how I wish to express the concept orange, I can change the required primary colors and still retain the concept and the fundamental nature of orange as a color: 100% Red and 50% green through the emission of light... Magenta and yellow through CMYK printing process.
And I have the right to express my concept of the color orange using which ever of these primary color combinations that I choose - subject, of course, to appropriate government restriction.
To summarize using your analogy:
You are claiming that the combination of red and green can't be called orange, because, you say, orange is only a combination of red and yellow. I ask why does it have to be red and yellow... what it is it about red and yellow that makes this combination fundamental to the concept of orange such that red and green can't be orange? You say well, that when man began combining colors, light bulbs and printing presses didn't exist... so orange was never a combination of red and green or magenta and yellow. The medium used required combinations of red and yellow to make orange. Red and yellow were fundamental components of the color orange. If red and yellow was fundamental then, it is now. Well, people began combining red and green light emission and orange was the result. People began combining magenta and yellow in a printing process and orange was the result. So, it appears that what is fundamental about orange as a color is that it is a color created through the combination of two primary colors... not that it is a color created through the combination of red and yellow. This is not to say that there won't be primary color combinations that fail to create the color orange... but the fundamental nature of orange as a color is not limited to and does not need to be restricted to red and yellow despite the long history of red and yellow as the combination used to create the color orange.
Is it necessary that I restrict my choice for expressing the concept of orange based on the primary colors I use to express it?
To apply constitutional law to this analogy... the ability to choose the manner in which I express the color orange is a fundamental right. Under constitutional law, my choice in how I express the concept of orange can only be restricted if it is related to a valid interest and the restriction is necessary in order to fulfill that interest. If the choice is constitutionally restricted, this doesn't mean the right does not exist... it means it's restricted... infringed upon to some extent.
For example: You say, well... the aim is to create an orange painting using oil based paints (there is a rule that states that art may only be created through painting. Another rule states that oil based paints are the only items that can be used in the creation of art)... expressing the color orange using primary colors other than red and yellow would not create the color orange in a painting using oil based paints. It is therefore necessary to restrict the choice of how one expresses the concept orange to using the combination of red and yellow oil paints... as such, red and green light emission would be constitutionally excluded.
But, if you say: the aim is to create a piece of art using the color orange (the rules above have been removed, for example). Is the restriction to the combination of red and yellow constitutional in this case? Well, the restriction is related to a valid interest - the creation of a piece of art using the color orange. But is the restriction necessary? No. You can create art through the emission of light (just ask James Turrell). As such, it would be unconstitutional to prevent someone from expressing the concept orange through the use of red and green... the restriction to a combination of red and yellow pigment is not necessary in order to fulfill the valid interest of creating a piece of art using the color orange.
So, you have a group of artists hoping to exhibit at a gallery:
In general, the gallery has established rules for exhibit curators for how they are to handle artists. All artists have a right to choose the manner in which they express color... be it through paint or light or printing process. The curators for the gallery can only restrict that choice if the restriction is related to an interest of the exhibit and if doing so is necessary in order to fulfill the interest of the exhibit. Part of the curators job is to see to it that the interests of the exhibit are fulfilled.
This particular exhibit deals with the color orange in oil paints.
The curator for this exhibit says that, in the interest of the exhibit, all expression of the color orange must be acheived through oil paints. As such it is necessary to restrict the choice of primary colors for mixing to red and yellow oil paint. Okay. Sounds reasonable. The printing process artists and the light artists complain a bit, but it is necessary... so, they abide by the rules and are excluded from the exhibit. But the curator points to one painter and says... ummm... you can only participate in this exhibit if you express the color orange through light emission using the combination of 100% red light and 50% green light. If you express the color orange through this particular combination of light emission, your piece can be included in the exhibit.
The light artists, say... whoa!!! But you said it was necessary for artists to use red and yellow oil based paint to express orange. The curator says, yes... it is. The light artists reply, how can it be necessary to use red and yellow oil based paint to express orange in order to participate in the exhibit if you are allowing this particular artist to use the combination of red and green light emission? Obviously banning the choice to use a combination of red and green light emission is not necessary if you are going to allow someone to use it in the exhibit.
Get it?
I always got what you are saying, but you didn't get what I was saying,( except the whole forcibly allowing for thing) thus I made an analogy. I read what you said, I understand what you are saying, with the colors. I understood without the colors. It stopped being my analogy when you made it to suit your purposes.
For instance.... can you get 50% of one person and 100 percent of another person to get married??? No... Does one have to alter humans using.
What about your little cmky process. Do you understand the process??? If you do then you know it is about the illussion of color. If you place certain colors side by side in microscopic increments the human eye will perceive a color. It did not create that color, because if you took a microscope you would see that magenta and yellow.
My analogy was there to clarify, your analogy was like everything else.... a stretching exercise in obfuscation. You think if you muddle a little of this and a little of that you make marriage this genderless institution that is denied to homosexuals.
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So, why is it necessary for the union to be a man and a woman?
See, that's why I wrote the analogy. The whole idea of marriage at it's creation revolved around gender., even before it evolved to monogamy. Now the term can further evolve to include same-sex couples... but that requires what entspeak?? Change?? So it is not necessary for the union to be a man and woman if you want to CHANGE it to include same sex couples.
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Okay.
Let's focus first on this morality issue.
Why is sodomy considered immoral? Why is it considered vile (icky)? Why is it considered unnatural?
Why does the church feel that it is immoral?
I must admit my frustration at your lack of will or ability to look beyond the surface to what actually lies behind the laws in this country.
Your frustrated???
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So, if you are going to make an argument, droop... back it up. You haven't done anything of the sort. Provide a link. Show me that the government banned sodomy simply because it was "icky" and that the ickiness had nothing to do with the fact that it was not conducive to procreation.
You back it up. You start using some common sense here. Procreation WAS happening. Procreation was NOT in jeopardy. I say again, procreation was NOT in jeopardy. So why would procreation be the reason they made sodomy laws. Non-procreative sex had NO detrimental effect on society. None, Zilch, Zero.
So don't talk to me about lack of will in understanding and ability to look beyond the surface...
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Now, I never stated that the government's position (or those who held the same moral view) was rational or made sense. I simply stated that this was the case.
The courts view sodomy as any sexual act that is not conducive to procreation. They do not view sodomy as any sexual act that is "icky".

That's exactly what you are saying. look if you are saying
"Droop, the reason
they gave is procreation" I could agree. (Kind of like the reason
they gave us for going to war in Iraq was WMD) If you are saying "Droop they banned all sex that was non-conducive to procreation" again we are in agreement.
But why did they make sodomy illegal. What was the reason??
My answer:
Icky
Your answer:
It was not conducive to procreation.First your argument is circular. What is sodomy?? Sodomy is sex not conducive to procreation. Why was sex not conducive to procreation banned.... (your answer) because it was not conducive to procreation. Secondly, if your not saying that the what you are giving as a reason makes sense, then don't give it as a reason.
The reason I say "icky" is because I don't just look at the surface of things... unlike some of us who project
There is no good reason why sodomy was banned but the ickiness of it. The only way "not coducive procreation" argument makes sense is if sodomy was causing a lack of procreation. Whish was not happening. Therefore, "icky" is all you have left that DOES make sense.
Don't tell me to back something up, when all you are doing is throwing out some quote that you will later back off with a statement like "I'm not saying it makes sense." Don't put a quote out there, to
back up your argument, and
YOU don't even think it makes sense. That's insane!
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Okay. And if you didn't want to be limited in your capacity to have sex... could you legally have whatever type of sex you wanted? Or were you, in fact, compelled, under force of law, to only engage in sex that was conducive to procreation?
Your lack of comprehension is your own.
Actually,
Entspeak my lack of comprehension is my sarcastic way of saying, "you don't have a clue what you are saying." The law did not force couples to allow for procreation. If couples wanted to do foreplay
they did it.
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“It is true, of course, that no married couple in recent memory has actually been arrested or prosecuted for committing sodomy,” ACLU Executive Director Ira Glasser said.
If what you said actually made sense you would be able to reword it.
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As far as the consummating marriage is concerned. I can find no law or instance in which the state could void a marriage that was not consummated. But I can find evidence that a marriage was not complete without consummation. But was the government unaware of the concept of consummating a marriage? That having sex "sealed the deal", made the marriage union complete? That consummation was considered an essential component of the marriage ceremony? I'd argue that the government was aware of the concept of consummation. As such, it is reasonable for the government to assume that people wishing to be married will complete the ceremony? If a marriage was considered incomplete and voidable without consummation... why would the government allow a couple incapable of legally consummating to marry?
The question is not why they would allow, but how did they deny Gays prior to 1970's. That is the question. Your answer is/was "sodomy laws" However, we KNOW there was no ban, there were no laws against same-sex marriage, there was no prerequisite to procreate, there was no prerequisite to even have sex, and according to you the definition of marriage at the time was gender neutral.
So there was absolutely nothing preventing or denying homosexuals the ability to marry. So why didn't they. Because the concept of same-gender marriage did not exist in any fashion that deserved any legal consideration.
Grendal QUOTE
Seeing the quality of the arguments against equality, fairness, and basic human decency, one has to wonder how this is even a debate. Look at what certain people have said in this thread and realize that is what you are talking about "compromising" with.

Do you have a complex that demands you say something, even if something is nothing?? I'm no mod, but this is like your third nonproductive "one liner" post in a row. This is a debate board, you know??