What constitutes man and wife, Constitutionally?

Discussion in 'Law and Justice System' started by JD_2B, Oct 12, 2009.

?

Is gender biological or sociological?

Poll closed Nov 10, 2009.
  1. XX and XY= Female and Male, respectively (biological)

    1 vote(s)
    100.0%
  2. Whatever sex organs they have or want is what sex they are. (sociological)

    0 vote(s)
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  1. JD_2B
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    JD_2B Little Vixen

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    What constitutes a man and a wife? There are biological and sociological observations that make a man a male and a woman a female... which do you choose to be the most acceptable, if this decision was applied to the constitution?

    Genetically speaking, a person with an X and a Y chromosome is a man.. and a person with 2 X chromosomes is a woman.. This is black and white..

    However- In cases where a person who is born with an X and a Y chromosome is listed on the birth record as being a female, as a result of a lack of testing, or faulty judgment, and due to the aesthetics of the external genitalia, or lack thereof.. including the existence of what may appear to be female genitalia- does this mean that the person is a woman, or a man?

    Sociologically, there is a gray area, because sociological views of gender are based primarily on aesthetics- some countries do not have the resources available to verify gender through even the simplest of blood tests.. And considering that some children are birthed at home through mid wives, the genetics (and genetic defects) can easily be overlooked. This is also a much more common problem than people seem to think. Every 10 months, the average Metropolitan hospital will see a birth of a child with a genetic disorder that gives even the most experienced of doctors the wrong initial evaluation of the baby's gender, based on how their genitalia look..

    YET- A person can go and get surgery done and completely change their appearance and also their genitalia, and for that matter, the way their brain works, altogether- thought and emotion wise. Sociological studies have shown that females who turn into males experience a massive change in how to conduct themselves with other females- saying the things they could say before changes the reaction of other significantly, and negatively, etc.. She could have said such and such, but now that she is a he, that very statement will be considered threatening to women... But I digress..

    As far as man and wife goes, how is it that someone who is genetically a male, can feasibly get surgery done, or have a defect in appearance, and be able to marry another male.. It works out well, as far as the Constitution goes- because that person is, by all sociological standards, a female- and the other one is a male. However- the "female" is really just a woman, who is biologically a male..
    A male who looks and thinks like a female, thinks he is a female, or has surgery to become a female, can marry another male.. Legally.

    By the books, some states would consider this a same sex marriage. Sex being gender.. Gender being based biologically on the XX and TY chromosomes..

    Now, I am FOR gay marriage- by all standards.. I just am so frustrated with the recent postings about same sex marriage and what certain people's perceptions of "gender" are, that I want to see what a group in a different forum think, as well..

    So which is it? Biological- XX and XY = Female and male
    OR is it Sociological- What you see is what gender someone is.

    Thanks for responding.. =)
     
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  2. RetiredGySgt
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    RetiredGySgt Platinum Member

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    The Constitution has NOTHING to do with marriage at all. The ONLY applicable part is the Full Faith and Credit portion in regards States. Marriage is a STATE function. Covered by State Law and State Constitutions.
     
  3. JD_2B
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    Right.. But it is being considered a constitutional right, as far as anyone being able to marry anyone else, as long as they are two consenting adults, by the equal protections clause in the Constitution. I am not making this about the Constitution, I am asking you to read the full post and answer honestly, what your thoughts are on whether Gender should be considered based strictly on biological findings, or a visual, more sociological standpoint.
     
  4. JD_2B
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    JD_2B Little Vixen

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    I should say.. for the purposes of possibly overturning or maintaining the current DOMA legislation..
     
  5. KittenKoder
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    KittenKoder Senior Member

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    Answer to Original Question: A female who is an idiot ...
     
  6. JD_2B
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    The equal protections clause is where the constitution comes into play in this question.. not that I ever said the US Constitution, lol- but if you want to play the state card, post your own thread asking how much the sociological standpoint of gender plays a role in the respective states who pass laws banning same sex marriage, where sex changes are concerned..

    In this thread, I am asking a simple (long winded) question-

    Is gender biological, meaning the XY and XX, or is it based on physical attributes only, meaning it is sociological?
     
  7. RetiredGySgt
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    There is no court ruling and no Congressional action that would indicate YOUR opinion on the 14th applies at all. But hey thanks for playing.
     
  8. KittenKoder
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    KittenKoder Senior Member

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    The flaw, we are seeing an increase in the "flawed" genders, YY and XYY, so even that thinking is no longer valid scientifically.
     
  9. KittenKoder
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    KittenKoder Senior Member

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    Change may scare the shit out of you, but without it you wouldn't exist at all. ;)
     
  10. RetiredGySgt
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    Change happens, however her assumption in this case is just that an assumption, devoid of fact or legal standing.
     

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