06-01-2009, 03:20 PM | #11 | |
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06-01-2009, 03:36 PM | #12 | |
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Personally I think this "suspect classification" is legalese-style nonsense. No gay person is barred from voting, from eating at a McDonald's, from owning a home, or hundreds of other things that Americans do every day. America has been guilty of real institutional discrimination against legitimate minorities in its past. It doesn't even come close to the so-called discrimination that gay people say they experience today.
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06-01-2009, 03:49 PM | #13 | |
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06-01-2009, 03:50 PM | #14 |
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Maybe Prop. 8 could be struck down on a rational basis analysis. Is there even a rational basis for it?
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06-01-2009, 03:53 PM | #15 | |
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If McDonald's chose to bar blacks or women from its restaurants, I'm fairly confident it would be illegal. I'm not sure that it matters to me whether it's merely against a state or federal statute, or against the Constitution itself.
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06-01-2009, 05:19 PM | #16 | |
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We're talking here about marriage that constitutes government action so clearly the Constitution is implicated. The specific and narrow question Waters raised--prompted by the recent Cal. Supreme Court decision--was whether gays are being deprived a Constitutional right by being treated differently from heterosexuals in terms of freedom to marry. Now, you may call the analytical framwork I set forth legaleze. But it does represent how the Supreme Court goes about addressing questions such as Waters raised. The effort is to be systematic and principled. People can sit around all day and assert "marriage is a right" or not, but that doesn't get us anywhere, does it. (I think it's funny how many Mormons I've seen--Mormons of all people!--assert "marriage is not a right." All the sophistry employed to avoid just saying "gay sex is a sin! an abomination! that's why I don't want gay marriage" is amusing. Cowardly hypocrites. Mormons are once again on the horns of their desire to be accepted into the mainstream including perported belief in reason, and their enjoyment of atavistic peculiarity.)
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Interrupt all you like. We're involved in a complicated story here, and not everything is quite what it seems to be. —Paul Auster Last edited by SeattleUte; 06-01-2009 at 05:30 PM. |
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06-01-2009, 06:07 PM | #17 | ||
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And your answer seems ambiguous to me. The debate about gay marriage is not solely about gov't action. It's also about using the gov't as a tool to enforce their views on private behavior too. Quote:
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06-01-2009, 07:03 PM | #18 | |
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http://www.infoplease.com/us/supreme...ases/ar14.html |
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06-01-2009, 07:45 PM | #19 |
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No, the debate is only about whether gays should be free to marry. It's not about making you do anything.
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06-01-2009, 09:45 PM | #20 |
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Ha.
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