Civil Right?

Discussion in 'Law and Justice System' started by RetiredGySgt, Feb 8, 2012.

  1. RetiredGySgt
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    RetiredGySgt Platinum Member

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    The following arguments are what I have heard presented for claiming Gay marriage is a Civil Right.

    2 consenting adults that love each other.

    2 consenting adults can do as they please in the privacy of their home.

    The Government has no compelling interest in legislating conduct between two consenting adults in the privacy of their home.

    Hetros get a tax break for being married.

    Any more?
     
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  2. RetiredGySgt
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    RetiredGySgt Platinum Member

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    No one cares to chime in with the reason that Gay Marriage is somehow a Civil Right? Have I fairly portrayed the argument?
     
  3. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    Likely because it isn’t a civil right.

    Indeed, there’s no such thing as ‘gay marriage,’ as each state has the same marriage law for everyone.

    The issue has to do with equal access to the laws, in this case marriage laws, as required by the 14th Amendment.

    As the Court noted in Romer:

     
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  4. RetiredGySgt
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    RetiredGySgt Platinum Member

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    You are in the Minority. Gays and their myriad supports all claim Gay marriage is a Civil Right. And so far on this board have listed the reasons I provided.
     
  5. FA_Q2
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    FA_Q2 Gold Member

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    Who cares if he is in the minority, he is right. It is not the business of government to decide who gets protection under the law and who does not. Law should be equal for all. If you do not want government sponsorship of marriages that do not agree with your morality then you are going to need to support getting government out of ALL marriages. If not, then marriage needs to be extended to gay couples as well.
     
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  6. Barb
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    Barb Carpe Scrotum

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    Exactly, and equal protection under and access to the law also extends to the churches that are willing to perform the wedding rites, and having those rites as supported by state licenses as other churches are. Licensing one dogma's preference over another flies in the face of the establishment clause.
     
  7. FA_Q2
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    FA_Q2 Gold Member

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    I would not go that far. While I believe that the government is required to support such marriages I do not see how a religious institution (or any institution that is not a government one for that matter) should be forced to do any such thing. The equal protection has nothing to do with the ceremony. It is the license and marriage certificate that you purchase from the government that matters. Churches regularly refuse to marry people for a number of reasons. My mother was forced to become a member of her church (because her spouse wanted to marry in a specific church) because the pastor refused to marry people outside the churches faith.

    What makes you believe that a pastor or other church representative should be compelled to provide any service whatsoever to anyone? I don't believe in forcing anyone to do anything.
     
  8. sparky
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    sparky VIP Member

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    Is hetero marriage a civil right here?

    ~S~
     
  9. Barb
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    Barb Carpe Scrotum

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    read my post again. It did NOT suggest that churches that did not support gender equality should be forced to do so, but that those churches that DO support and wish to perform the rites have THEIR ceremonies AS supported by a government license as the other churches already are.
     
    Last edited: Feb 9, 2012
  10. FA_Q2
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    FA_Q2 Gold Member

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    Read it again, now I understand what you were getting at. Forgive me, I was not trying to misconstrue what you said. I just misunderstood :) I did not think that was ever an issue though? If it is legal then of course, churches that perform the rite will be recognized. At that point there would be no reason not to.


    It is also worth saying that gay marriage is going to be a reality. To all those that are against it, you might as well find out how you are going to live with it and concentrate on getting the laws in place that you can deal with instead of fighting the entire wave (such as ensuring religious institutions are not forced into marrying gay couples). Betting against gay marriage is a lost cause. It is coming and there is nothing that anyone can do at this point to stop it.
     

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