QUOTE(droop224 @ May 21 2007, 10:11 AM)

I think so. In a patriarchal society, it sounds all too much of a law of morality.
Sounds all too much
of, eh? Wow.
But to what end, droop? Morality for moralities sake? Or was that moral law intended to make sure that men had legitimate heirs? So that they didn't have to worry too much about whether or not they were giving their entire estate to some other man's child.
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Keep spinning... eventually you have to slow down. Tell me what did a woman go for in the 1800 in America. What price could you get for 18 yr old virgin woman. Explain how sex diminished the value of said property. Did she lose her ability to work in a house or bear children after having sex? No. She just was less appealing. Because no one wants the town whore. Which goes back to morality.
Well, having a virgin insured that she did not have sex with someone else the night before, the day before, the week before the wedding and wasn't already pregnant when she was married. They actually checked to see that she was still a virgin before being married. Not having a
whore for a wife had benefits beyond the moral - it meant you didn't have illegitimate children.
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As for sodomy, it simply was morality. Why would the government find an interest in stopping oral sex?? Do you think they actually thought a married couple might just use their mouths and never have sex?? That doesn't make sense?? It truly had nothing to do with procreation.
Sodomy Law:QUOTE
A sodomy law is a law that defines certain sexual acts as sex crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but is typically understood by courts to include any sexual act which does not lead to procreation.
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But if you think it did then, then it does now.
Well, it did then. Prove that it does now.
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Which part of "it was reasonable for the government to expect that a married couple would have sex" did you not understand?
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Slow down turbo... your moving a little fast. I understand completely what you are saying. What part of "there is no prerequisite to have sex to get married" don't you understand??
Being that sex and procreation was reserved for marriage - it is reasonable for the government to
expect that a couple would have sex (and allow for procreation) once married. After all, raising a child is the fundamental purpose of marriage.
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So if prior to the 1970's marriage was gender neutral, and there was no prerequisite to have sex to be married, then homosexuals could get married and never break the law so there was nothing barring them from getting married. Yet they could not get married. Because prior to the 1970's, marriage was not gender neutral.
The government expected people to use marriage to raise children... primarily through procreation... this is the way the network of laws surrounding marriage were constructed... allowing for procreation was mandatory in marriage.
That is where the assumption existed... in married couples having sex. And there were all sorts of laws to back up the fact that this was the assumption.
You can't legally define marriage as one thing and then assume it means something else.
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Which of the two of us are trying to say that marriage laws prior to 1970 allowed men to marry men and women to marry women.
Let's be accurate, I stated that there was no explicit ban on same-sex marriage prior to the 1970's. Same-sex couples were implicitly barred from choosing to marry a person of the same-sex because of sodomy laws.
You keep saying this isn't true, but you have yet to provide proof to back up your argument.
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Because they still give incentives to get married. Why do they do it Enspeak?? If it was procreation then it is procreation now. And just because they don't want incestuous procreation, which is what % of marriage? .0000000000001 percent?? This does not mean they don't still find procreation to be the main reason for marriage.
If you explicitly allow a non-procreative couple to marry, why would it be necessary to prevent another type of non-procreative couple from marrying simply because they are unable to procreate?
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What exactly did it say?? What was the definition you keep refering to and what does it say now??
Jesus! How many times do I have to post the thing before people read it? How can you claim to be able to rebut my argument if you haven't even read it?
Well, perhaps this might be the last time I have to post this - though, I think that might be hoping beyond hope.
From 1850 -the point at which it became a member of the United States - until 1977, the law defining marriage in California stated:
Marriage is a personal relation arising from a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary.
From 1977 (coincidentally, right after it repealed its sodomy law) to the present the law has stated:
Marriage is a personal relation arising from a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary.
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The whole point I was making, which you still may not remember, is it is ignorant to assume that marriage laws prior to the 1970's weere gender neutral.
A gender neutral law is a gender neutral law. If it doesn't specify a gender, it is gender neutral or unspecific as to gender. Either way, this legal definition of marriage
does not prohibit same-sex marriage.
And you can't say it marriage was legally assumed to be between a man and a woman, because the legal definition is what is used to define the term legally, and it is not specific about gender.
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Of course they were homosexual liasons and relationships going back to B.C. time. Of course there were secreted gay couples who were merely "good freinds". But they were not coupled like there heterosexual counterparts. Infac, they were ostracized, if not out right persecuted.
Okay, so because they were ostracized and persecuted they didn't exist? If they didn't exist, there would be nothing to ostracize and persecute, would there?
You seem to be arguing that because a group of people was ostracized and persecuted in the past - to the point that they hid their relationships - and, to a much lesser degree, continue to be ostracized and persecuted today, they should not have the right to choose who they marry. Which, of course makes all the sense in the world.

Perhaps we should base more legal restrictions on previous and continued ostracization and persecution. Jews for example should have no right to religious freedom because people have ostracized and persecuted them based on religion for ages, right?
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Thus why would anyone ever think to specify gender in marriage when all official couples and engagements involved one man and one woman. It would seem redundant. a union between man and woman is what marriage is/was.
Please show me the legal definition of marriage pre-1970 that stated this. Just because same-sex marriage did not occur previously - because of the illegal nature of homosexuality, doesn't mean that should homosexuality be decriminalized, same-sex couples should be excluded from marriage.
I grant you that the people who wrote that legal definition had no idea that it might one day allow same-sex marriage. I grant that. But I'm sure they never expected sodomy laws to be repealed either, or contraception bans, or fornication laws. You want to talk about a slippery slope. Well, it started the moment people wanted privacy. That opens Pandora's box and lets out all the ills. The problem is that conservatives don't want to acknowledge or accept that in order to constitutionally prevent sodomy, they have to stop having oral and anal sex with their wives.
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Yeah right, nothing changes.... except the fact that you no longer have a
HUSBAND and
WIFE!!
Okay, but that is in the definition which defines who can participate in the contract and is not the contract itself.
If the contract occurs between two persons... then those two people agree to abide by the conditions of the marital contract. If you allow same-sex couples to marry, nothing changes in the marital contract.
So, all you need to do is return to the pre-1970's legal definition of marriage and everything else pretty much stays the same. Heterosexuals still marry and still have to abide by the same contract. What else changes for heterosexuals?
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It changes because for there to be a marriage there is a requirement of one man and one woman. You are changing that.
That requirement is no longer necessary - thanks to changes in the laws by heterosexuals. It is no longer necessary for a marriage to be between a man and a woman. Therefore, the change in the legal definition post-1970's is not supportable. It is meaningless except to maintain a status quo that is no longer necessary. A law does not justify it's own constitutionality... in this case, it must serve a valid State interest and must be
necessary in order to further that purpose.
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Fundamentally, marriage is between a man and women. A person is restricted from marrying more than one person at a time, a person is restricted from marrying their relative. Marriage never included the uniting of two people of the same sex.
Things change. The argument that it never occurred before therefore it can't ever occur is absurd.
Prove that the gender distinction is a fundamental component to marriage. Prove that it is necessary such that an exclusion of couples of the same gender is warranted.
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So civil unions are not an second class marriage, because marriage is an institute that has always reqired both sexes until very recently.
A rose by any other name...
At least on this one point, part-time grasshopper and I agree.
QUOTE(DaytonRocker)
But then they frame all other classes of consenting adults as male-female - as if same sex issues don't exist in every class of people. Given that they ARE same sex, there is no genetic/procreation issues. If two guys can get married, it would be completely arbitrary to deny 2 brothers the same rights/protections.
If incest is banned solely because of issues related to procreation, then you'd be right, but it's not. And, regardless, so long as incest is illegal, incestuous marriage remains illegal.
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If children are not the driving component of marriage (as I beleive it is), neither is the physical act of having sex.
I know that I've always stated that children
were the driving component of marriage. Homosexual couples raise children. It is
procreation that is no longer the driving component of marriage. But procreation is not the only way a child becomes present in the marital relationship - it is now simply another option (the most popular and most used option... but still only an option.)