QUOTE
Lord Helmet
You don't like the laws against stealing? Well, you're the next Rosa Parks. Someone "needs killin"? Well, why should the law be an obstacle? Or, do you think should should be able to discriminate someone because of their appearance, their gender, or their private sex life? Go for it! Why should the "law" stand in your way if you believe in something?
I believe you completely missed the point there,
LH. I believe
Cube is saying that if a law is unjust or infringes on the rights of the people, the people have the should protest, and in some cases, disregard that law.
QUOTE
LordHelmet
If one doesn't believe in the rule of law, then I'm not surprised to learn that one would not believe that preserving our social institutions is worthy. Should anarchy reign? Why not just let everyone just do what feels good? There is no right and wrong? No rule of law? No social standards?
You know, for a long time slavery was a social institution. Were abolitionists against the rule of law to seek the demise of laws allowing slavery? What a society or culture finds as acceptable does not give the acts in question a legal basis. It was (and regretably) still is a social norm to be a bigot in certain areas of the country. Does that EO standards at the workplace are hence forth non-applicable?
QUOTE
LordHelmet
The Mayor of San Francisco who violated the law should have been removed from his position and incarcerated. Come to think of it, our former president Clinton should have also.... for the exact same reason.
Irrelevant Clinton poke aside, yes, the mayor techinically (to the best of my understanding) breaking the law by authorizing homosexual couples to marry, persuant to
CA Penal Code 359 QUOTE
"Every person authorized to solemnize marriage, who willfully and knowingly solemnizes any incestuous or other marriage forbidden by law, is punishable by fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the County Jail not less than three months nor more than one year, or by both."
But before you run up and down SF city hall, calling for the mayor's arrest, note that it is here where you run into a legal bog of sorts.
The mayor claims that banning same-sex marriage is in violation of the California's Constitution where in
Article I Section VII QUOTE
"...A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the
laws..."
Now California Family Code does define marriage as between a man and woman, but the code also says in
Section 420, subsection c that...
QUOTE
"© No contract of marriage, if otherwise duly made, shall be
invalidated for want of conformity to the requirements of any religious sect."
Now it's obvious that there is no legal basis (and by legal, I mean secular law folks) to deny homosexual couples the right to be married. Although the code stipulates that marriage is a "Marriage is a personal relation arising out of a civil
contract between a man and woman"
CA (Family Code Section 300), it remains a
civil contract. The argument could easily be made that it is "for want and conformity to the requirements of any religious sect" that this ban exists and that it should be considered unconsititutional.
QUOTE
LordHelmet
When you go down the road that all things are relative, that laws are irrelevant, and that the means justify the ends, you go down a very DANGEROUS road that has resulted in countless human misery throughout history.
It's not so much that all laws are irrelevant, but that again, laws that deny someone's rights are unjust.
Now you get into a stickier bog of laws and philosophy. I consider myself to be an
"Inspector Javert" when it comes to some laws and different when it comes to others. I personally think that this law is unjust. You may disagree. That's why we have courts. It is they who we entrust to find common ground twixt the arguments and rule, not on the basis of faith, but on the basis of secularism.
QUOTE
I'm for treating gays and all people with dignity. However, I'm not for throwing out one of the basic social institutions within our society to fit the whims of a few disaffected malcontents. When I speak of inalienable rights, I speak in the context that the drafters of our constitution did. Marriage is not a "right". It's an institution.
That's like saying you're for free speech as long as the few people who disagree with you can't openly publish dissenting material or saying that you're for treating black people with dignity, but they aren't allowed to marry outside their race. Sorry, but "seperate but equal" is so 1950's.
As far as marriage being a "social institution", I feel by "social" you mean "cultural" and by "cultural" you mean "Judeo-Christian". That's perfectly fine, but it has no place in the laws of the land of the United States of America. And I believe that you're trying to pass off an assumption as fact when you refer to what the drafters meant.
By alluding to marriage as anything but a right of two people's
personal choice to committ themselves to one another, you turn it into a "privilage", like saying that gay folks haven't earned the right to do so. That they haven't earned the right to share their life, liberty, and happiness together, Well, I don't care what context you want to try to frame this in, but the Founding Fathers left God at the Preamble to the Declaration and intended to keep him there. Albiet man is subject to his own bias and feelings, they did their best to keep the government and our laws secular.
And when the goverment is making laws heavily biased and influenced by faith, they violate the "institution" of pursuing life, liberty and the pursuit of happiness.