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Supreme Court Overturns Defense of Marriage Act

12 U.S. states have adopted same-sex marriage over the past decade, and many other states have adopted legislation specifically intended to prevent same-sex marriages from being performed or recognized within their borders. The landscape has just changed on that front, though: the 1996 Defense of Marriage Act, which barred federal recognition of same-sex marriages, has been ruled unconstitutional by the U.S. Supreme Court; here's the ruling itself. From the NBC News version of the story: "The decision was 5-4, written by Justice Anthony Kennedy. “'DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others,' the ruling said. 'The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.'" One major area this affects is tax law; that's one of the salient points in U.S. v. Windsor, the case that drove the court's conclusion. There's more on the story at many major news outlets, and at law-centric sources like SCOTUSblog. The Boston Globe is also live blogging various reactions.

Update: 06/26 16:58 GMT by T : In a separate decision, the court disappointed supporters of California's Proposition 8, a law passed by voter initiative, under which "only marriage between a man and a woman is valid or recognized in California." The court ruled that the private parties which had taken up the Prop 8 banner did not have standing to do so; as the story says, "The 5-4 decision avoids, for now, a sweeping conclusion on whether same-sex marriage is a constitutional "equal protection" right that would apply to all states."

1,073 comments

  1. Good ... by Anonymous Coward · · Score: 5, Interesting

    We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed

    You should no more be able to deny rights to people because of their sexuality than you should be able to deny the right of blacks to vote and hold property.

    That Scalia dissented means he's not looking at the right parts of the Constitution but is just being selective.

    Believing one group should be able to dictate the rights of another group makes you no better than the Taliban.

    1. Re:Good ... by Anonymous Coward · · Score: 1, Informative

      You do realize you are talking about him being selective in looking at the Constitution but then quote the Declaration of Independence? The Declaration has no bearing on Laws.

    2. Re:Good ... by ganjadude · · Score: 4, Insightful

      I believe there is more to it than that.

      I for one want the government out of marriage. Let the churches deal with "marriage"

      Now having said that. If 2 gay people want to live together and have the same rights that current married couples get, I dont see why that should not be allowed. I also think that if 2 people simply live together they should get the same rights, "love" should never be the deciding factor when it comes to giving tax breaks to people or even worse tax money to people.

      --
      have you seen my sig? there are many others like it but none that are the same
    3. Re:Good ... by NatasRevol · · Score: 0, Troll

      Marriage gives you certain benefits - taxes, insurance rates, access rights, etc - that no other 'grouping' does.

      You're never going to get government out of all of the things that marriage gives benefits to.

      Rights are given by the government. If marriage gives you extra rights, then the government says what those are.

      --
      There are two types of people in the world: Those who crave closure
    4. Re:Good ... by BonThomme · · Score: 1

      well, if you're a woman with bare arms the Taliban won't be happy

    5. Re:Good ... by bill_mcgonigle · · Score: 2

      That Scalia dissented means he's not looking at the right parts of the Constitution but is just being selective.

      I can't think of the last time I've heard of a Justice saying that he personally detests the ruling but 'this is what the law says'. They all seem to join or dissent with the ruling that they prefer and back themselves into an argument to support it, which is antithetical to the job description. Somebody please prove me wrong on that.

      It says more about the wisdom of having nine final arbiters of truth than anything.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    6. Re:Good ... by hairyfeet · · Score: 5, Informative

      Not to mention the case that brought it before the court is the perfect example of WHY we don't want the fed deciding who is and isn't allowed and the fact that the right wing has a fit, even though the case involved something they like to crow about? Just makes 'em hypocrites in my book.

      For those that didn't see the details person was married for years, partner dies, fed takes nearly $400k away from the partner for taxes...that wouldn't have been levied if the partner had a penis. I'm sorry but that is fucked up, either the law is equal or its a sham and deciding to take a pile of money from a widow based on the sex of the corpse would be just as fucked up if they took it based on the skin color or religion of the corpse, that isn't right any way you slice it.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    7. Re:Good ... by parkinglot777 · · Score: 1

      deny or limit my right to keep and bare arms

      Your meaning is different from "forbidden" in this topic. "Forbidden" in this case means "all". Your "deny or limit" does not mean "all" of any types of fire arms (in law).

    8. Re:Good ... by Anonymous Coward · · Score: 5, Insightful

      Rights are given by the government. If marriage gives you extra rights, then the government says what those are.

      Rights are given by the government? You need to take a civics class.

    9. Re:Good ... by mrclisdue · · Score: 1

      ...so the people who seek to deny or limit my right to keep and bare arms are no better than the Taliban? Good to know!

      I have plenty of t-shirts, plus many short-sleeved dress shirts, and I've never felt my rights to wear them have been limited. Granted, both Homer Simpson and Sipowitz have given the dress shirts their blessings, so I *know* I'm in good company, hence the Taliban can go fuck themselves, remaining single, so this decision doesn't affect them....

      cheers,

    10. Re:Good ... by NoImNotNineVolt · · Score: 5, Insightful

      Rights are given by the government.

      Somebody seems unfamiliar with the basis of the government of the USA. Something about people being endowed by their Creator with certain unalienable Rights. If I remember correctly, the government is not my creator.

      Your view on rights is not compatible with the United States.

      --
      Chuuch. Preach. Tabernacle.
    11. Re:Good ... by geekoid · · Score: 2

      "Rights are given by the government. "
      Now there is a fundamental misunderstanding of the US Constitution if there ever was one.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    12. Re:Good ... by Anonymous Coward · · Score: 5, Insightful

      Rights are PROTECTED by the government, not GIVEN by the government.

    13. Re:Good ... by NatasRevol · · Score: 0

      Really? so our rights aren't enumerated by the constitution?

      --
      There are two types of people in the world: Those who crave closure
    14. Re:Good ... by Anonymous Coward · · Score: 0

      Rights are given by the government.

      Well, legal rights, not natural rights.

      Though in a government by the people, I'm not sure it's a good wording at all.

    15. Re:Good ... by ganjadude · · Score: 4, Interesting

      rights are NOT given by the government first of all, we have the rights, the government just acknowledges them.

      Having said that, those "rights" you listed should not be tied to "love" they should be tied to household. If they are tied to household rather than love, everyone is treated equal, we dont have some groups fighting others over special treatment, it really is the best way to move past this stupid quarrel

      --
      have you seen my sig? there are many others like it but none that are the same
    16. Re:Good ... by NatasRevol · · Score: 1

      They're given & taken.

      --
      There are two types of people in the world: Those who crave closure
    17. Re:Good ... by Anonymous Coward · · Score: 0

      He said that discrimination against blacks is wrong, and you call him a racist pig? WTF is wrong with you? On the basis that sexuality and race are traits one is born with, it is a valid comparison. Are you upset that he picked the race that you are a member of, instead of another?

      Or do you think that we should be able to deny rights to people because of their sexuality?

    18. Re:Good ... by ganjadude · · Score: 1

      Which is why I say take "love" out of it. If we respect the rights of marriage based on the household vs the people involved. everyone gets what they want and no one has to argue over semantics.

      --
      have you seen my sig? there are many others like it but none that are the same
    19. Re:Good ... by Richard_at_work · · Score: 2

      Does anyone else feel confused by the fact that there was 93 years between that famous paragraph being written down and codified in a document, and the actual laws coming into effect that guaranteed every citizen of the united states an equal vote?

      I can think of at least one significant part of the US Constituion which definitely assumed that not everyone was created equal...

    20. Re:Good ... by RussR42 · · Score: 1

      So don't call it marriage. Have a standard government backed civil union type thing that any two (or more) people can enter into under the law and let the churches handle whatever joined under god nonsense they want.

    21. Re:Good ... by Anonymous Coward · · Score: 0

      Black American culture (and black Caribbean culture, and perhaps other black cultures as well) tends to demonize homosexuality and glorify homophobia.

      I wonder if your post is an example of that, as you admit to having black in your family (suggesting an at least partially black identity), you pull the race card (I think drawing the parallels between gay rights and racial-minority rights, both civil rights issues, is quite reasonable, and far from racist), and then state in no unclear terms that you're sick of the "Gay everything" (gays make up a negligible minority of US society, and to see them in "everything" betrays a worldview that seems out of touch with reality).

      Posting anon because I can hear it now. "You're racist, you're racist!"

    22. Re:Good ... by Anonymous Coward · · Score: 0

      Yes, and while we're at it, let's have that law that forbids men from having babies repealed as well, because if you provide the benefit of giving birth to females, surely you can't discriminate based on sex and refuse that same right to men! Oh wait, this isn't a law, it's just the way the world works. And since my definition of marriage is to create a family, and that's why the various tax advantages and other benefits are there--to support the creation of families and procreation of our people, then giving it to couples who fundamentally cannot perform this function, isn't discrimination--it's a fact of life.

      But since everyone wants to fight the "discrimination" factor here, be sure you don't discriminate against the polygamists, inter-family marriages, and pedophiles, all of which would also like their "right-to-marry" justified as well!

    23. Re:Good ... by gstoddart · · Score: 4, Insightful

      I for one want the government out of marriage. Let the churches deal with "marriage"

      Horse shit. You can get married at city hall without involving a church; there is no reason to involve a 'church' at all. Atheists get married all the time, and don't require the blessing of a church. You can get married by a justice of the peace or a ship's captain without ever once invoking god.

      There's marriage as a religious institution, and marriage as a legally recognized civil institution. This decision is ruling on the civil aspects of marriage.

      The civil institution of marriage confers legal rights to people, and this was basically about denying those same rights to another group of people.

      If marriage only affected religious aspects of your life, it would be one thing. But it affects taxes, property rights, and all sorts of things which have nothing whatsoever to do with a church.

      So, no, as long as there are rights granted to people on the basis of being married, this is not an issue for the churches. Marriage has long since ceased to be a purely religious institution, and that's what this ruling is addressing.

      --
      Lost at C:>. Found at C.
    24. Re:Good ... by rickb928 · · Score: 2

      Re-read the Declaration of Independence, my friend. 'Self-evident' being the key phrase. Then re-read the Constitution.

      Government can only limit your liberties. If this make no sense to you, especially in this debate, you may have missed some of the key points in our Constitution.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    25. Re:Good ... by dkleinsc · · Score: 4, Insightful

      I also think that if 2 people simply live together they should get the same rights, "love" should never be the deciding factor when it comes to giving tax breaks to people or even worse tax money to people.

      Of course, there are plenty of people who are married that aren't in love. I mean, how many May-December romances are actually about love, rather than the May half of the couple getting a ton of cash by the time they're 40 while the December half gets some sex and nursing in their old age? And there are also plenty of couples that are married and remain together solely to prevent the kids from living through a divorce. And in some subcultures in the US there are still arranged marriages. And there are some college friends of mine who weren't in love at all but were legally married because they could get better financial aid that way.

      I agree with your basic premise though. What the government should be doing is providing a way to designate any other person as legally a part of your family, for medical decision-making, inheritance, etc, without any assumptions about what the nature of that relationship actually is. For example, my grandmother lived with a long-time friend of hers for about 20 years, and to the best of my knowledge weren't lovers, but that friendship was at least as important to them as their marriages had been.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    26. Re:Good ... by geekoid · · Score: 1

      Since the Constitution SPECIFICALLY says it can be regulated, no.

      As ratified by the States and authenticated by Thomas Jefferson, Secretary of State:
      A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

      The debate raged around the wording thta allowed people not tio serve the militia.
      When you look at in in context of the time, it is clear it was about a militia. i.e. loose, on call military Something the British tried to destroy at the beginning of the war.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    27. Re:Good ... by Bugler412 · · Score: 4, Informative

      You need to read the constitution again. It does not "grant" rights, it delineates the more important ones. Check the tenth amendment.....

    28. Re:Good ... by Anonymous Coward · · Score: 1

      You're never going to get government out of all of the things that marriage gives benefits to.

      The way other nations have dealt with this issue is to move any rights given to married couples to "registered couples".
      If the church doesn't want to marry same gender couples or people with the wrong skin color or whatever then fine, that is their problem.
      Those who still want to be married have a state marriage without priests or the church and register as a couple with the government.

      If the church wants to become irrelevant then I am all for it.

    29. Re:Good ... by JoeSchmoe999 · · Score: 5, Informative

      "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The 9th amendment to the Constitution.

      --
      You have enemies? Good. That means you've stood up for something, sometime in your life.
    30. Re:Good ... by MBGMorden · · Score: 2

      I for one want the government out of marriage. Let the churches deal with "marriage"

      Marriage isn't a solely religious concept. Atheists marry. As a matter of fact in the early days of the Church the Church didn't even want to perform marriages but they finally relented.

      Saying that marriage should be "dealt with" by the churches is to try to force religion into areas where it need not exist.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    31. Re:Good ... by dpilot · · Score: 4, Informative

      Simple workaround:

      1 - The State is out of the marriage business, and into the business of Civil Unions. Those pieces of State-respected status and benefits are conferred upon Civil Unions.
      2 - Existing Marriages are grandfathered into Civil Union status.
      3 - Secular / State-run ceremonies confer a Civil Union.
      4 - Marriage becomes an institution of the Church, but at the same time as a "duly qualified" agent of the Church grants a Marriage, a Civil Union is granted as well.

      Mostly transparent, probably annoys people on both sides equally.

      As for "love", I think what we're looking for is a stable long-term situation. I suspect long-term stability is not possible without some definition of "love" being present. (Respect is certainly part of that mix, a component of that definition of "love".)

      --
      The living have better things to do than to continue hating the dead.
    32. Re:Good ... by MBGMorden · · Score: 4, Insightful

      Enumerated - but not granted. Its much akin to how a map lists and acknowledges places, but it doesn't create them.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    33. Re:Good ... by Anonymous Coward · · Score: 1

      Separate but equal? The U.S. tried that before with regards to civil rights, didn't turn out so well.

      The only way for a difference to not be present is for no distinction to be made or even touched upon.

    34. Re:Good ... by operagost · · Score: 1

      Do some research on the Enlightenment, then read the 10th amendment.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    35. Re:Good ... by Anonymous Coward · · Score: 0

      Enumerated != granted

    36. Re:Good ... by Anonymous Coward · · Score: 0

      Believing one group should be able to dictate the rights of another group makes you no better than the Taliban.

      I'll grant that I agree with you, but it'd be really nice if you could rephrase that in such a way that DOESN'T sound like someone needs to invent an extension of Godwin's Law for the modern era.

    37. Re:Good ... by roman_mir · · Score: 0, Interesting

      You're never going to get government out of all of the things that marriage gives benefits to.

      - why not? USA federal government wasn't in any of these just a century ago.

      Rights are given by the government.

      - wrong, rights are imposed upon government by only giving government the authority to deal with certain restrained situations (in theory of-course, not in practice, not after the mob declares that its entitlements to subsidies that impose obligations upon minority of productive people are more important than individual rights of every person).

      A right is a default LIMIT on government power against an individual, a right is only a meaningful concept in the context of an individual interacting with a government.

      An individual has all the rights and government has authority to deny an individual some of these rights under certain conditions. The government only exists with the consent of the governed (until the collective gives the government enough leeway to subjugate and subvert the Constitution and destroy the chains that bind the hands of the politicians).

      OTOH between 2 individuals or an individual and a business (which is also an individual, until the government sticks its nose into that business) there is no concept of 'rights', there is only a concept of "don't do to others what you don't want to be done to you", and so that's what the criminal code is basically all about, not any 'right' but just a reflective response to an act that we do not want to be repeated onto us. The reason why a 'right' is different is because with a government (especially a 'democratic' one) there is nobody to actually take revenge against, there is nothing you can do to punish government in case it does to you what it shouldn't, so all we can do is demand that government cannot do onto us those things a priori.

    38. Re:Good ... by Anonymous Coward · · Score: 0

      I think passing a 3rd grade spelling test should be required before owning a gun.... That would keep idiots like you from owning them.

    39. Re:Good ... by Anonymous Coward · · Score: 0

      Government can put you in prison effectively removing the majority of your rights.

    40. Re:Good ... by hairyfeet · · Score: 1, Informative

      Actually look into the history of gun controls and you know what you'll find is the root cause of many of them? "Fear of an armed negro". The laws make guns more expensive and since more black neighborhoods are poor traditionally this kept blacks from having guns. Its like how the poll taxes kept out some poor white voters but its main goal wasn't that, they were primarily aimed at blacks. this is why you also saw weapons like the so called "Saturday Night Special" demonized along with the little 25 pistols in the 80s...guess who was the largest purchaser of those weapons?

      So those that are pro gun law might want to do a little research into their history, they may find they really don't like the company they are keeping. after all it don't matter if you pass laws that make a handgun $5k a pop, rich white folks can afford it, its the blacks that can't.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    41. Re:Good ... by csumpi · · Score: 1

      > I for one want the government out of marriage.

      I completely agree with you, but I don't think it's possible in the real world where there are divorces, disputes, abuse, especially that of children. At that point you can't leave the legal system and government out of it.

    42. Re:Good ... by GrumpySteen · · Score: 2

      I don't think God gives a shit about your 'right' to file a joint tax return.

    43. Re:Good ... by Anonymous Coward · · Score: 0

      Sexuality is not a trait your are born worth, other than that the human body enjoys sexual stimulation--regardless of the source. Check your medical FACTS: scientist have repeatedly proved that your sexuality is your choice, not something you have no control over like skin color. The simple test: identical twins. Several studies have been done and in the MAJORITY of cases where one twin is gay, the other is NOT. However, in EVERY case if one has blue eyes then, of course, the other does as well (remember, I said IDENTICAL twins.) If sexuality was something you are born with, that fact that even some of the identical twins CHOOSE to be gay or not would not be possible, any more than one could choose to be born with a different eye color.

      Unfortunately, public opinion doesn't need FACTS or scientific proof for it's basis, so now most people believe sexuality isn't a choice. IT IS. To say otherwise is as silly as saying that every vegetarian who's ever, even once, enjoyed the taste of meat just couldn't possible CHOOSE to be vegetarian, they would HAVE to indulge their taste for meat.

    44. Re:Good ... by ganjadude · · Score: 3, Informative

      as I said, I want equality for all. Meaning that all americans can have the same rights as a married couple. I am simply saying take the word married out of the equation, and everyone throws a shitfit. It almost seems as if equal rights are not what is sought after when you can offer the same exact thing with a different name and it isnt good enough.

      as I have said before, this entire thing is nothing more than a distraction from the real issues going on in america today.

      --
      have you seen my sig? there are many others like it but none that are the same
    45. Re:Good ... by cfulton · · Score: 2

      We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed

      I think the relevant portion of the constitution that you are looking for is this:

      14th Amendment, section 1:
      "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

      It is called the equal protection clause. "The Declaration of Independence" is not a law and has zero barring on any decision of the Supreme Court.

      --
      No sigs in BETA. Beta SUCKS.
    46. Re:Good ... by hairyfeet · · Score: 4, Insightful

      Because just 50 years ago your black butt would have been shot just for looking at a white woman and most states wouldn't have allowed you to marry her because of the skin tone?

      I have an easy way i use to tell if a law smells bigoted, replace the group named in the law with black or Jew and if it sounds like something out of the 1930s? Well then its probably just good old fashioned bigotry.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    47. Re:Good ... by Anonymous Coward · · Score: 0

      Anyone comparing religious conservatives to the Taliban is a hateful bigot and is practicing hate speech. Who cares what gay people do, the bigger issue here is the court nullified a voted on issue in Cali. Someday this will happen to some issue you haters voted on as well. Gays and liberals are the new bigots.

    48. Re:Good ... by defaria · · Score: 1

      Yeah the group of people who treat others with respect have no right dictating the rights of those who steal, mame and kill!

    49. Re:Good ... by Anonymous Coward · · Score: 0

      The Constitution doesn't list "rights your government gives you". It lists rights your government can't take away.

    50. Re:Good ... by ganjadude · · Score: 2

      Thank you for charting out what I said in a nice easy to read chart for people who get past the first few words I wrote. If you dont mind I will be copying this and editing it for use in future discussions.

      --
      have you seen my sig? there are many others like it but none that are the same
    51. Re:Good ... by MaskedSlacker · · Score: 0, Troll

      No, no, a thousand times no.

      The constitution enumerates the powers of the government. IT DOES NOT ENUMERATE RIGHTS.

      This kind of ignorance is why Fuhrer Obama gets away with being such a fascist prick.

    52. Re:Good ... by operagost · · Score: 1

      I'm not confused because I have actually read about what people said and did then. If the forming of our government had been predicated on abolition, it simply would never have happened. Basically, the judge of the Virginia colony who somehow decided John Casor was the slave of Anthony Johnson (another black man) is responsible to hundreds of years of hardship, pain, and death.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    53. Re:Good ... by Anonymous Coward · · Score: 0

      I wish we could shove every ignorant jackass like you right into the challenger deep. It would solve a lot of problems in this country.

    54. Re:Good ... by Anonymous Coward · · Score: 0

      This is contrary to the original thinking of the founding fathers. They believed that the government cannot give you rights, only take them away. You are not given the right to have a gun. That is just a possession. The government can take that away, but cannot give you the right you already have. The government does not give you the right to pay taxes. That's clear enough. They do not give you the right to speak freely, but they can restrict that right in times, and situations, of need. You are right that the modern government and corporations give us rights today. We are not allowed to do anything unless we are strictly given permission to do so. I am just saying that that was not the original intention of the constitution, and that is what the OP is stating. Admittedly, outdated thinking. I, for one, welcome our government and corporate overlords.

    55. Re:Good ... by DJRumpy · · Score: 1

      What specific rights are you implying 'Fuhrer Obama' took away from you? I'm also curious how he did so, being in the Executive, rather than the Legislative branch.

    56. Re:Good ... by NatasRevol · · Score: 3, Interesting

      And yet it does take them away.

      I'd say that makes them granted.

      --
      There are two types of people in the world: Those who crave closure
    57. Re:Good ... by NoImNotNineVolt · · Score: 4, Insightful

      That God doesn't give a shit about my right to file a joint tax return has no bearing on the fact that the United States government doesn't grant rights to the citizenry. That's an inherently un-American way of looking at rights, and while it's an entirely reasonable (that is, internally consistent) worldview to espouse, it's sad to see it expressed by an American. This country was wrested from England's grip at the cost of many lives over this very issue, and I feel that we have failed in our duty to honor these men's sacrifice every time I hear an uneducated American spouting off about the rights they are given by the government. I cite the second sentence of the Declaration of Independence as my reference.

      --
      Chuuch. Preach. Tabernacle.
    58. Re:Good ... by ackthpt · · Score: 1

      I believe there is more to it than that.

        I for one want the government out of marriage. Let the churches deal with "marriage"

      SNIP

      So all along I could have formed the Ackthpt Church of the Holy Wombat and married anyone to anyone else (or to themselves for that matter.)

      Not what it's really about.

      Respecting a marriage which took place in State A in State B is closer to the Constititutionality of the well meaning, but mean spirited laws and this becomes a federal issue. You have no more than to look back at Blacks married to Whites to find the same level of discrimination.

      --

      A feeling of having made the same mistake before: Deja Foobar
    59. Re:Good ... by sideslash · · Score: 1

      Marriage gives you certain benefits - taxes, insurance rates, access rights, etc - that no other 'grouping' does.

      You're never going to get government out of all of the things that marriage gives benefits to.

      Rights are given by the government. If marriage gives you extra rights, then the government says what those are.

      Your phrasing was clumsy, e.g. in the American system government is only supposed to defend your inherent natural rights, so it's not like the government is giving you new rights out of the goodness of its heart. However, your meaning was spot on. There are many areas of life such as adoption, child custody disputes, and the others you reference that are profoundly affected by marriage, which the legislatures and courts must necessarily arbitrate in some fashion.

      And I join you in disagreeing with @ganjadude saying "Let the churches deal with marriage" also for the following reason: In the Christian Bible, marriage was a civil matter. There is no verse anywhere that says anything about a church or pastor officiating marriages, which were organized by families in Bible times. Church marriages were a relatively modern invention of the catholic churches which declared marriage a sacrament and thus tried to assert inappropriate control over the whole of society. It's kind of funny that there are Protestants today who realize as an abstract idea that the catholic sacrament of marriage is bunk, but who superstitiously still think that their wedding has to be performed by a minister. Here's a real Bible wedding ceremony for you: "Isaac brought her into the tent of his mother Sarah, and he married Rebekah. So she became his wife, and he loved her; and Isaac was comforted after his mother's death."

    60. Re:Good ... by NatasRevol · · Score: 2

      Exactly what I was thinking.

      Yes, the founding fathers were only listing exceptions that the government can step on our rights.

      But today, you have to have explicit approval of the government to do things.

      --
      There are two types of people in the world: Those who crave closure
    61. Re:Good ... by Anonymous Coward · · Score: 5, Informative

      Close, but you are still off. The Constitution grants the government rights. All others are left by default to the people and the States. In fact, it was argued that the Bill of Rights was redundant since common law precedent already included those items. Nonetheless, people were worried and they were explicitly written out, as well as the fact that all rights not given to the government by the Constitution (the 9th & 10th Amendments).

      Effectively, the US Constitution is a negative constitution. Most constitutions enumerate rights with a list, like the UN Declaration of Rights. The US Constitution gives all rights to the people except the ones that it has enumerated to belong to the government.

    62. Re:Good ... by Anonymous Coward · · Score: 0

      The right to drive, the right to carry a concealed weapon, the right to purchase alcohol,tobacco, the right to farm land, the right to pay less tax than other people are God given rights?

      Those rights are provided by the government. The right of paying less tax than others was a right granted to a group of people, usually a group of no more or less than 2, that were bearing offspring. Marriage was the churches answer to make sure that a child had a father to maturing age.

      Divorce was unheard of up until the 1950's in the USA. Thus the government awarded a benefit to that group of people to produce offspring. Something that was needed in the early 1900's.

      Now any two people can get that benefit.

      I also agree that any two people should be allowed to live together in the pursuit of happiness, but I don't agree that it should be called marriage as the church has ordained it, and the government as awarded benefit to it.

      I've all along said to call it something else where it doesn't upset the church and then this group of people can make a case to the government as to why they should receive the same tax benefit as another group of people producing offspring when there is no possible way for them to.

    63. Re:Good ... by Nemesisghost · · Score: 5, Insightful

      What I would like to see is a complete redefinition of what the government recognizes as a civil marriage, by removing the marriage part. Why can't I as a single guy, get the same advantages as a married couple with my roommates on our taxes & other social benefits? Or on the other end, what about those who are in a relationship with more than 1 person(ie polygamy)? Let me define my "family" as I see fit, and leave the government out of it entirely. Because as it stands, even after today, it's not fair.

    64. Re:Good ... by Anonymous Coward · · Score: 0

      Uncorrect. I can have a gun simply because, well, I can. The Constitution specifically says the goverment can't tell me otherwise. The Constitution exists to _restrict_ government, not allow rights.

    65. Re:Good ... by EuclideanSilence · · Score: 4, Insightful

      This must be one of the most misunderstood aspects of rights and the declaration of independence. The authors of the declaration of independence were not ambiguous about what they meant:
      "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

      1) There exist certain rights.
      2) Their existence is self evident. It is self evident that you are born alive, you are born with the ability to choose, and you are born with the ability to decide the purpose of your choices. The government may become destructive to the ends, but all humans have these "rights" by virtue of our existence. All of these capabilities apply to anyone who is alive and sentient unless they are being purposely interfered with, and they are not necessarily exhaustive.
      3) These rights are endows "by our creator". If you are not theist then they are endowed by virtue of your existence; if you were a protestant in 1776 then they were endowed by the grace of God.
      4) They are unalienable. Why would we go to war to fight to regain something that is unalienable? We didn't. We fought to obtain government rights for the purpose of stopping the government from interfering with these "self evident" rights.

      As others mention, life liberty and property were not rights believed granted by the government. However, other rights are secured in order to prevent the government from interfering with the self evident rights. Your freedom of speech, your right to bear arms, even the nature of the US Constitution as a whitelist of powers for the Federal Government as made explicit by the 9th amendment are not the unalienable "self evident" rights that the declaration was referring to. These are rights that were alienated, required a lot of debate in order to find evidence justifying their existence, and must be fought for to be retained.

    66. Re:Good ... by CanHasDIY · · Score: 0

      as I said, I want equality for all. Meaning that all americans can have the same rights as a married couple.

      So what, if I die you think you have an equal claim to my stuff as the woman I married (and jointly purchased much of that stuff with)?

      That's just silly.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    67. Re:Good ... by Anonymous Coward · · Score: 0

      It's not impossible to infringe upon people's rights. The government has no power to give people their fundamental rights.

    68. Re:Good ... by Anonymous Coward · · Score: 0

      Government DOES NOT grant rights. Government only takes rights away. Your naive confusion is precisely the reason many of the founders argued against the need for a bill of rights. It is not granting you rights. It is recognizing rights you already have. But tyrants and their stooges in the courts continue to walk all over us by interpreting it as an exclusive list of rights rather than a redundant statement of the innumerable rights we naturally possess.

    69. Re:Good ... by cockpitcomp · · Score: 1

      Your definition would excluded menopausal women and impotent men from getting married. Inter-family marriage is very common. Intra-family marriage and polygamy are really old-school and should probably be allowed, where no coercion is present. Pedophile marriage is indefensible.

    70. Re:Good ... by DJRumpy · · Score: 5, Insightful

      A thousand times NO. The word "Marriage" is NOT owned by any religious group. It was first and foremost a civil term. It was incorporated into a religious ceremony until the 1500's in Christian circles. Marriage was known in the bible but largely considered a private matter that didn't involve the church. Why should a civil union surrender to the demands of a religion that is usurping the word Marriage?

    71. Re:Good ... by Anonymous Coward · · Score: 0

      Marriage existed BEFORE organized religion. Enough said.

    72. Re:Good ... by GrabbaTheButt · · Score: 1

      This has been my view for many years. The easiest and cleanest way to end this debate once and for all is to separate the idea of religious marriage and civil marriage. Calling them different things would be a great start.

      Start with "Civil Union". You go to the government to get this done and is required of everyone who wants the legal benefits of "marriage"...tax benefits, estate, joint work benefits...whatever. This should be 100% available to EVERYONE, regardless of their sexuality, race etc.... You want to hook your car to other persons locomotive to form a family train... you do this. Slight add on, churches should never be able to perform this function. PERIOD. You want this, off to city hall with you.

      Marriage, and lets call it that since its a very well established religious ceremony, is something you do when you want to be paired up before whatever giant spaghetti monster in the sky you care to believe in. Its got nothing to do with the government at all and the individual churches can have complete control over the rules of who can or can not be married. The Pope says no lesbians getting married, then tough luck lesbians, you cant be married in the Catholic church, no crying about it, no suing anyone. You don't like it then don't be Catholic or lobby the Vatican to get the giant spider to change the rules. By the way, this state should give you exactly ZERO benefits in terms of tax benefits, estate rights, work benefits etc.... you want that, you need to go have a civil union too.

      You put that system in place and you completely end all teeth grinding and picketing and right wing religious nutjobs freaking out in the street about fags getting married and it making jesus cry.

      It should also end all teeth grinding and picketing and gays and lesbians freaking out (very justifibily) in the street about them being treated as second class citizens.

      This would be the first decree issued from my office after I'm appointed supreme logical dictator of the Earth.

      Next problem please.

    73. Re:Good ... by gstoddart · · Score: 3, Insightful

      as I said, I want equality for all ... it almost seems as if equal rights are not what is sought after when you can offer the same exact thing with a different name and it isnt good enough.

      So, you want different but equal? This group can legally join as a couple and we'll call it one thing, but this group will do the exact same thing and we'll call it something else to appease the first group?

      That's just keeping the other group as second class citizens. That's not equality, that's still saying "All animals are equal, but some animals are more equal than others". Equality is treating it all the same, not classing it as something different.

      As long as people can get married in a civil ceremony not involving a church, pretending that marriage is a religious institution is inherently dishonest. And as long as two people who are too old to have kids can get married, you can't pretend that marriage is solely for a union to create children.

      This act was solely about propping up a religious definition of marriage which has no bearing on how marriage works as a civil institution.

      --
      Lost at C:>. Found at C.
    74. Re:Good ... by Vaphell · · Score: 2

      true that. Half of the problem with 'progressive' forms of marriage is that they go against the strict definition found in the bible and religious conservative people simply won't swallow it, EVER. Who would have thought that seemingly openminded progressives are so boneheaded that they prefer to wage ideological wars instead of getting shit done.
      Drop the fucking label and the resistance drops because 'bbbut God said something else' won't have a leg to stand on, but saying 'these people are taxpayers too so fuck off' will still work.

    75. Re:Good ... by misexistentialist · · Score: 1

      Since when are "liberals" against rich people being taxed more? Yeah, let's look at the actual case: a woman who already got alimony and social security from her ex-husband, and then hooked up with an heiress complaining about how unfair she is being treated...

      The state was trying to incentive breeding pairs to grow the population, but fine, let's tax all widows equally: single "undocumented" mothers are after all the foundation American was built on.

    76. Re: Good ... by Anonymous Coward · · Score: 0

      Fuck the church.

    77. Re:Good ... by Anonymous Coward · · Score: 0

      No, rights are TAKEN by a government. The Constitution defined the limits of government, not the totality of our rights.

    78. Re:Good ... by Xenx · · Score: 0

      Marriage, by a church, is a religious ceremony. The government has no control over the church. The point would be a civil union is the legal joining and only the legal joining. It wouldn't matter if the joining was man/man, woman/woman, man/woman, transgender/etc. It wouldn't be required to get married in a church to obtain a civil union, and marriage in a church wouldn't be required to obtain a civil union. "Separate but equal" doesn't exist in this situation, from a legal standpoint, only a religious.

    79. Re:Good ... by Jeremi · · Score: 1

      Which is why I say take "love" out of it. If we respect the rights of marriage based on the household vs the people involved. everyone gets what they want and no one has to argue over semantics.

      Well, the impetus behind giving favorable treatment to married people is that committed long-term relationships are beneficial and stabilizing to society. (e.g. if you get sick, your spouse will [presumably] take care of you, so you won't be left to fend for yourself or depend on society)

      Given that, I think some way of encouraging at least commitment is warranted... e.g. society probably doesn't want to encourage all college roommates to routinely "get married" for the year just to receive additional tax benefits.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    80. Re:Good ... by thomasw_lrd · · Score: 1

      But that's not what homesexuals want. I don't care if they want to share property, tax laws and such. But they want to be "married" because it makes it more socially acceptable (IMO, I'm not gay, and don't have any gay friends, so I could be spouting bullshit). If the loud minority of them would agree to this, we wouldn't have to waste taxpayer money on endless court battles, and passing laws that are just going to be struck down later. (I'm probably wrong)

    81. Re:Good ... by Dcnjoe60 · · Score: 1

      We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed

      You should no more be able to deny rights to people because of their sexuality than you should be able to deny the right of blacks to vote and hold property.

      That Scalia dissented means he's not looking at the right parts of the Constitution but is just being selective.

      Believing one group should be able to dictate the rights of another group makes you no better than the Taliban.

      Pretty strong words comparing people who were opposed to changing the definition of the word marriage to being members of the Taliban. I guess you would hold that all of those European and South American governments that solved this issue by getting out of the marriage business and only having the government involved with Civil Unions are also no better than the Taliban?

      As for Scalia, here is what he said: "We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation. The Court’s errors on both points spring forth from the same diseased root: an exalted conception of the role of this institution in America."

      So, for the DOMA case, by your rules, he is like the Taliban. For the Prop 8 case, the entire court said they didn't have jurisdiction, so I guess, again, by your rules, the entire SCOTUS is like the Taliban. Oh, wait, they are only like the Taliban if you disagree with their decision -- on prop 8 they are freedom fighters.

    82. Re:Good ... by Anonymous Coward · · Score: 0

      I believe there is more to it than that.

        I for one want the government out of marriage. Let the churches deal with "marriage"

        Now having said that. If 2 gay people want to live together and have the same rights that current married couples get, I dont see why that should not be allowed. I also think that if 2 people simply live together they should get the same rights, "love" should never be the deciding factor when it comes to giving tax breaks to people or even worse tax money to people.

      Others may disagree, but I think you're right. Love, like sex, should not decide whether someone gets tax breaks. With this ruling, I would also like to see many of the benefits given married couples redefined. In the past, the reason married couples got tax breaks and credits and additional benefits was because we (as a society) expected a couple to procreate thus creating the next generation. We recognize that this is good, but expensive. In many cases, married couples get the benefit without producing children. For example, spouses can share their Social Security. That was introduced because women were expected to be primary care givers and would not be in the workplace while taking care of children. Well, the redefinition of marriage doesn't imply children anymore so benefits like this should be linked to marriage with children, not marriages in general.

      To put it bluntly, the government shouldn't get benefits because you get laid regularly.

    83. Re:Good ... by SJHiIlman · · Score: 1

      And since my definition of marriage is to create a family

      No one cares what your definition is; words can and do have multiple meanings.

    84. Re:Good ... by ganjadude · · Score: 4, Insightful

      well yes and no. im saying strip the term "marriage" for the legal world and replace it with "civil union" for ALL gay or straight. Leave the word marriage to the churches. or other groups. in other words, make "civil union" the legal definition of marriage as far as the government is concerned. than everyone should be happy. If people still are not happy with that, that just tells me there ar eother motives behind them.

      --
      have you seen my sig? there are many others like it but none that are the same
    85. Re:Good ... by alfredo · · Score: 3, Insightful

      Gay citizens are no different than Baptist citizens other than Baptist weren't born Baptist. Religion is a lifestyle choice, being gay is not. My sister chose to switch from Baptist to Catholic, my sister in law didn't choose to be gay.

      --
      photosMy Photostream
    86. Re:Good ... by Anonymous Coward · · Score: 0

      That you feel the need to capitalize what you feel are key words of your argument tells me that you're full of crap. If this is a fact then provide peer-reviewed references supporting your stance. If there's "several" as you state then you shouldn't have any difficulties. If you can't find any, then stop copying the garbage you read off of picket signs handed you by your church.
      Genetics do not account for the sum of human experience- many genetically identical twins have very different personalities and interests. This may be due to developmental differences or a range of environmental factors- which, you should note, were not their choice. Your statement that one identical twin chose to be gay is incredibly ignorant. Your attempt at a comparison with vegetarianism is ridiculous, to the point of making one wonder if you haven't "tasted the meat" yourself and are now being overly defensive.

    87. Re:Good ... by EuclideanSilence · · Score: 5, Informative

      You need to read the constitution again. It does not "grant" rights, it delineates the more important ones.

      That is correct, all powers not explicitly granted to the federal government are retained by the people. That results in an infinite number of rights. For example, you actually do have a federal "right to fly", "right to drive", "right to marry whoever you want" simply by the fact that the constitution does not grant these powers to the general government.

      The misunderstanding that the constitution would only grant a few finite rights was one of the strongest arguments against adopting the Bill of Rights.

        Wikipedia covers it pretty well:

      James Madison addressed what would become the Ninth Amendment as follows:
      It has been objected also against a Bill of Rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution.

      The 9th (and somewhat 10th) amendment were drafted for the purpose of avoiding confusion about the enumeration of powers and rights, but it is somewhat depressing that the majority of people today believe that their only federal rights are those outlined by the Bill of Rights and subsequent amendments.

    88. Re:Good ... by Anonymous Coward · · Score: 0

      Did you read Scalia's dissent? I suggest you do. His dissent specifically says that the district court was right in declaring the case unconstitutional, and that the case should not have been heard by the supreme court, since the only purpose was an attempt to force the supreme court to legislate from the bench.

    89. Re:Good ... by Anonymous Coward · · Score: 0

      It's not the "rights your government gives you"... it's the rights you give the government to govern.

    90. Re:Good ... by Dcnjoe60 · · Score: 1

      I believe there is more to it than that.

        I for one want the government out of marriage. Let the churches deal with "marriage"

        Now having said that. If 2 gay people want to live together and have the same rights that current married couples get, I dont see why that should not be allowed. I also think that if 2 people simply live together they should get the same rights, "love" should never be the deciding factor when it comes to giving tax breaks to people or even worse tax money to people.

      The real question is why do we have these archaic laws anymore? They were created when the husband worked and the woman stayed home and raised the kids. That is not the reality for most people anymore. Here is a simple solution - 1) change the tax code so people are taxed on what they are earned, period. 2) you want to make sure your "partner" gets your goods upon your death, then either hold property jointly or have a will. 3) you want your "partner" to be able to make medical decisions for you and visit you in the hospital, then give them medical power of attorney. 4) you want your "partner" to make legal decisions for you, then give them durable power of attorney."

      With the exception of changing tax code and health insurance laws (which the affordable health care act is already doing), that pretty much covers all of the rights bestowed by marriage.

    91. Re:Good ... by squiggleslash · · Score: 1

      This is probably the most incoherent argument I've read today. There is literally no combination of sentences that forms a cogent line of reasoning.

      I appreciate you're angry at the decision for some reason, but perhaps you need to calm down and rewrite what your thoughts are once it's a little easier for you to write rationally.

      --
      You are not alone. This is not normal. None of this is normal.
    92. Re:Good ... by Reverand+Dave · · Score: 1

      Geniuses like GP here are the reason why the congress is allowed to run roughshod over all of our rights and point to the executive and legislative branches like they are the problem. "My congressman is fighting for my rights that OBAMA is trying to take away!" Utter bullshit. Congress is the real problem. They're the ones that authorized the NSA's budget and all of the spying. I'm not saying the executive is not part of the problem, but the roots lie in congress.

      --
      I got here through a series of tubes
    93. Re:Good ... by clarkkent09 · · Score: 3, Informative

      Scalia is in favor of originalist interpretation of the Constitution and he's been pretty consistent about that. It is absurd to say that the framers of the Constitution intended the equal protection clause to mean equal protection for every form of marriage, therefore the court should have no basis for overturning the people's representatives decision to pass this law. He is the one being consistent here, it is the proponents of 'living constitution' who are always unpredictable and inconsistent because they believe Justices should vote based on their personal feelings of right and wrong.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    94. Re:Good ... by fincher69 · · Score: 1

      I read that as a promotion for the idea that there should be no such thing as "marriage" in the eyes of the government. The government should have civil unions, and thus, such unions would be associated with the rights you have described. Marriage should remain a religious institution, and dealt with by the churches, but it should also have any associated rights/privileges/etc. associated with it removed unless accompanied by a governmental civil union.

    95. Re:Good ... by Anonymous Coward · · Score: 0

      No one says they can't butt fuck each other.

      We are saying they can't call themselves married and make the rest of us pay for it.

      Many here are fond of the idea that everyone should be forced to pay for the "externalities" of things. Gay sex brought aids here and sustains it. Perhaps same sex marriage licenses should include a tax to pay for the billions and billions spent looking for a cure for aids?

    96. Re:Good ... by AmiMoJo · · Score: 1

      More to the point the government is forced to acknowledge them. My question though, because I'm not a USian: is the government required to defend those rights?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    97. Re:Good ... by cfulton · · Score: 1

      Why can't people be polygamists? (just an aside here in my argument, but inter-family marriages have a long history in the houses of the rich and powerful. FDR and Elenaor were distant cousins. Also see: http://ngm.nationalgeographic.com/2010/09/tut-dna/dobbs-text )
      But, back to incest and pedophiles. These are crimes in which we can find a truly injured party. That is why murderers and rapists don't get the same rights as the rest of us and are forced to live in prisons. But, Homosexuality (between consenting adults) has no injured party. Your personal feelings that it is wrong don't count as an injury (sorry). If that were the case no one could do anything.
      I say let people be married in whatever form they want polygamy, line marriage, gay marriage whatever they want to do that works for them. So, long as it does no harm to others it should be legal and recognized. The problem with America and freedom is that most people seem to want to limit freedom to only those action that they agree with.

      --
      No sigs in BETA. Beta SUCKS.
    98. Re:Good ... by mjm1231 · · Score: 1

      If it walks like a duck and talks like a duck, people are going to call it a duck. No matter how much you want them to call it a merganser.

      --
      Ideology: A tool used primarily to avoid the bother of thinking.
    99. Re:Good ... by NoImNotNineVolt · · Score: 1

      You make the distinction between unalienable rights (life, liberty, pursuit of happiness) and alienable ones (the Bill of Rights).

      I would argue that much like the rights enumerated in the Bill of Rights have been alienated in the past, so too have your unalienable rights. People have been killed, imprisoned, or otherwise prevented from pursuing happiness.

      Indeed, it is self evident that you are born alive, you are born with the ability to choose, you are born with the ability to vocalize words (well, once you learn to speak), you are born with the ability to remain silent, et cetera. That these rights can be [wrongly] infringed upon by others, whether individuals or governments, has no bearing on the fact that they are rights that we have by virtue of our existence, so long as they are not infringed upon. It is no less possible to infringe on ones right to life than it is to infringe on ones right to bear arms.

      All rights are alienable, in practice. That doesn't mean that all rights are rightfully alienable. It doesn't mean that the government grants them to us. It does mean that rights must be fought for to be retained. And that includes the rights to life, liberty, and the pursuit of happiness just as much as it includes any other rights.

      --
      Chuuch. Preach. Tabernacle.
    100. Re:Good ... by Anonymous Coward · · Score: 0

      People are still being denied their rights. Haven't been following that NSA news lately, have you?

      This is purely a move to placate people, giving a little so they'll get a little... At the moment everyone is looking at the Obama adminstration on both sides and wondering, what the FUCK is going on here? Domestic surveillance, drones on US citizens, the guy who revealed it all being hunted down like an animal? In the next few months the U.S. government is going to release tension on a few minor issues...my first guess would have been this, I'm guessing the second will be to actually respect state marijuana laws. They're both very touchy issues but in the grand scheme of things they're not very important to the fascists operating in the oval office. They just know that placating people on those issues will improve their public opinion and they desperately need people on their side at this point. Edward Snowden has exposed the world for what it really is post 9/11 -- a world without any freedom or liberty, or security for that matter. Did all of this surveillance stop Boston? No? Well then what use is it, unless it isn't being used against terrorists at all?

    101. Re:Good ... by sycodon · · Score: 1

      Nonetheless, people were worried and they were explicitly written out

      And a good thing that was considering the nature of government these days.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    102. Re:Good ... by kwerle · · Score: 1

      It's very easy to find a person of religious persuasion that will tell you that marriage is defined by God.

      That's a large part of why we are in this mess.

      If the government deals only with civil unions then the entire religious war issue is removed. The argument becomes mostly a personal religious issue instead of a civil issue.

      Poof.

      You can continue to argue that marriage can mean different things to different people and that we should all get along. Let me know how that works out for you.

    103. Re:Good ... by Anonymous Coward · · Score: 0

      You will please forgive the auto correct on my phone this morning during a bumpy bus ride... Lucky for all involved though... your views on my spelling have no bearing on the type or quantity of firearms I own.

    104. Re:Good ... by OhEd · · Score: 1

      Rather, the Constitution lays out the rights that the citizens give the government.

    105. Re:Good ... by Dcnjoe60 · · Score: 1

      Marriage gives you certain benefits - taxes, insurance rates, access rights, etc - that no other 'grouping' does.

      You're never going to get government out of all of the things that marriage gives benefits to.

      Rights are given by the government. If marriage gives you extra rights, then the government says what those are.

      Actually, for the fast majority of people, the closer the two people's income is, the less tax benefit there is for married couples and for many, marriage is a tax penalty. Insurance rates? well that might be in your state, but for auto insurance it applies to males under age 26, after that its about the same. Homeowners is no different, same with life insurance. Spouses can get health insurance through some employers, but that is quickly changing, at least the employer subsidizing it. By access rights, I assume you mean visitation rights in a hospital, you can have that if you are listed as the medical decision maker (different terms in different states). Access rights for children require a biological connection or a court order, so that is no different.

      Almost everything "granted" by the government related to marriage is available without marriage. The only thing not possible and something the government can't grant in the first place is social acceptance. Same sex couples now can have a legal document saying that their relationship is real. That doesn't mean, however, that others will accept it. Just like after the civil rights laws in the 60s were passed, didn't mean that people suddenly embraced our African American brethren.

      Acceptance of same sex couples will have occurred with or without this ruling and any couples requiring this ruling to validate their relationship have deeper issues. Neither of those are something the government can fix.

    106. Re:Good ... by CanHasDIY · · Score: 1

      Yeah the group of people who treat others with respect have no right dictating the rights of those who steal, mame and kill!

      respect

      You use that word, but I have doubts as to whether or not you actually know its meaning - FWIW, those who would attempt to force their personal worldview on others are not treating others with respect.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    107. Re:Good ... by alva_edison · · Score: 5, Informative

      ...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

      - Fifth Amendment to the United States Constitution

      ...nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws...

      - Fourteenth Amendment to the United States Constitution

      --
      He effected a bored affect.
    108. Re:Good ... by Hatta · · Score: 1

      What specific rights are you implying 'Fuhrer Obama' took away from you?

      The right to be secure in my person, house, papers, and effects, against unreasonable searches and seizures. That's just one of many.

      I'm also curious how he did so, being in the Executive, rather than the Legislative branch.

      The executive branch is the only branch that can actually violate rights, because it's the branch that actually does things. Whether Congress approves or not is irrelevant, the 4th amendment is clear, generalized surveillance is illegal.

      --
      Give me Classic Slashdot or give me death!
    109. Re:Good ... by Vanderhoth · · Score: 1

      I think it's more about branding. Marriage stands for the commitment of one person to another. I personally don't see why it's a such a big deal that I had to go through a ceremony with my wife to indicate to her that I would be there for her, especially since we were together for 10 years before I even proposed. The word marriage is the word we use to describe that bond/way of life. Telling someone they can't be married, but it's ok for them to be joined as life partners I would say is like telling someone, women in particular, they can't use 3 ply cashmere toilet paper, but feel free to use single ply generic brand instead.

      The shitfit is because you told them they can't use the brand name they want, the brand their parents used, and their parents before them. My wife has a fit if I get the wrong brand toilet paper so I can kind of understand why it's important for some people to be "married" and not just "life partners".

    110. Re:Good ... by jedidiah · · Score: 1

      The right not to buy health insurance. The right not to buy some form of it I don't want.

      The federal government has no business being able to tell me to buy something. That is not a power that it has been granted. It does not get to exceed the powers it's been granted.

      If the states do something, or are allowed to do something, that has absolutely ZILCH to do with what is legal for the federal government.

      Thus the problem of appalling civics education in America. You have idiots running around spreading idiocy that's a direct threat to the rule of law.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    111. Re:Good ... by dpilot · · Score: 1

      As I said, I think it would annoy both sides. Adding "equally" on that may have been overstepping, but I'm not so sure.

      I'm not gay, though some around me are. But you know what, it's none of my business. They're entitled to the same life, liberty, and pursuit of happiness as me, and as long as they don't get in my way I won't get in theirs.

      I've developed a recent bit of snark... Over the years several (conventional heterosexual) couples my wife and I have known have split up, and that bit of snark is, "Well if not for gay marriage, those two would still be together." It's absolute nonsense, of course. IMHO divorce devalues marriage a heck of a lot more than gay marriage.

      By the way, my wife and I are happily married over 30 years, so we can speak with experience, if not some authority.

      --
      The living have better things to do than to continue hating the dead.
    112. Re:Good ... by clarkkent09 · · Score: 1

      Polygamy will be next, its just a matter of time. Who is an injured party in incest? Say a father and (adult) son want to get married, why would you deny them that right? Same with say marriage of convenience (for a green card etc), group marriage, marriage between humans and animals etc. which of course will mean the end of marriage as an institution.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    113. Re:Good ... by Anonymous Coward · · Score: 0

      I dont give a shit what your fairy tale being believes, I do however believe in equality under the law. No tax breaks for single sex marriages? Fine when you introduce no tax breaks for any form of 'married' couples?

    114. Re:Good ... by DJRumpy · · Score: 3, Insightful

      Interesting. So if congress passes the Patriot Act that makes the Executive's actions 'legal', you would still label the Executive as a Fuhrer for executing the laws that Congress passed?

      Of course, if he was a better 'Fuhrer, you'd be baking in an oven somewhere no doubt...

    115. Re:Good ... by ImprovOmega · · Score: 2

      As I understand it that's how Mexico handles it. You register your marriage license with the state and they don't give a flying all-frig about who you're being joined to (limit two in a marriage though), but if you want to get married by the Catholic church in accordance with your religious beliefs, well you have to follow the Catholic rules on that. It always made more sense to me for that to be the way it was handled in the U.S. - fix the label, call everything a civil union and if you want it stamped as a marriage then let the church do that. Though I guess "will you civil union me" doesn't have the same ring to it though.

    116. Re:Good ... by LordLimecat · · Score: 1

      This just seems like a relevant question.

      Why, exactly, was marriage given benefits and incentives in the first place?

    117. Re:Good ... by Krater76 · · Score: 1

      You also forgot:

      5) Just because some inbred assholes think they are divine (kings and queens) does not make them better than you or give them power over you.

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    118. Re:Good ... by ganjadude · · Score: 1, Insightful

      if they want to use the brand (married) their parents used, they should use the brand (opposite sex) that thheir parents used as well would be the argument to that

      --
      have you seen my sig? there are many others like it but none that are the same
    119. Re:Good ... by Anonymous Coward · · Score: 0

      Obama is not the whole of the Federal Government, and it was the judicial branch that upheld Health Care Reform as legal. It seems things are working as designed under the Constitution.

      Oh the irony of your last statement...

    120. Re:Good ... by Torodung · · Score: 4, Insightful

      Wrong. They are inalienable. When the government takes them away, they are overstepping their bounds, and becoming authoritarian despots.

      That's how it works in Enlightenment philosophy (almost theology, really) at least, which is the basis of our country's law, and Nature's God.

      Read up, bro.

    121. Re:Good ... by Bing+Tsher+E · · Score: 1

      Nobody explicitly said Obama 'took anything away.' His being a fascist pig still stands.

      Somewhere else in this thread somebody spoke of Obama choosing not to enforce DOMA provisions because he 'judged it would not stand the test of the SCOTUS.' That was Obama judging, which is one one of his administrative powers. Hence the 'fascist pig' label.

    122. Re:Good ... by Anonymous Coward · · Score: 0

      It tells me you don't know how to listen. And, it tells me you are about 12 years old. You need to study history and human nature in order to understand your plan does not result in equality. I could be wrong. You might just be a christian, and we know they don't know how to listen, unless you're telling them what they want to hear.

    123. Re:Good ... by Anonymous Coward · · Score: 0

      So if you die, do your roommates get your stuff?

      If you die which wife gets your things? Or husband?

      Who gets custody of your kids?

      Who gets what when one of them "divorces" you?

      Does the amount of tax relief you get to claim go up when you file "Married, filing jointly, jointly, jointly"?

      What happens when you want to divorce one spouse but stay married to the other, and they want to stay married to the first one?

      If you marry people in 2 states because you travel back and forth between them, which state do you claim as your permanent residence for purposes of filing state taxes, and do you get to claim both spouses on your taxes even though one is not living in that state at all?

      Who do you get to claim on your insurance? What are your rates likely to be like adding more and more people to it?

      Define your family any way you want, but note there will be some large barriers to overcome before getting anywhere near the goal. Government stepped into marriage because it had to. Unless you want to just dump it all, get no tax relief for growing your country's work force and tax base by marrying and having children, have no discounts for insuring your partner and children, and just have the government take all your stuff in the event you die without a Will having been filed somewhere. Marriage is about far more than love and family. And living a happy life is about more than just doing your own thing.

    124. Re:Good ... by Reverand+Dave · · Score: 4, Informative

      Those rights are provided by the government. The right of paying less tax than others was a right granted to a group of people, usually a group of no more or less than 2, that were bearing offspring. Marriage was the churches answer to make sure that a child had a father to maturing age.

      Holy fuck are you ignorant of the facts. Marriage originated as a means of property management, i.e. women as property. They were ordained by the churches originally because they were more often than not, the local magistrates. Also the churches, especially messianic types have a very vested interest in keeping the power in the hands of the patriarchy. Marriages of love, in a historical sense are pretty rare and are mostly a modern invention.

      The state now, has a vested interest in encouraging cohabitation because such couples tend to spend more money and participate in the economy more than single people. Kids in the mix are just a bonus. Parents spend more money regardless of the gender of the couple. To encourage unions like this, the state offers tax incentives, much like they offer farm subsidies for planting certain crops over others. The raising of children is really incidental to the institution of marriage. People living together over long periods of time and occasionally fucking will eventually produce children, which is important to the economy, but really has nothing to do with marriage other than one is more likely to cause the other.

      The rise of divorce rates is directly attributed to the empowerment of women in a through education and economics, it doesn't have shit to do with the church outside of women breaking the bounds of oppressive religion.

      The state now gives the churches a semblance of dominion over marriage, but make no mistake, it is now solely an institution of the state. Any minister of any church must be recognized by the state as having a legitimate claim to ordination before any action they take towards performing a marriage ceremony (which is all it is, a meaningless ceremony) and then signing the legal document (the actual thing that makes a marriage legal). Without that the marriage would be null and void. If the person is not recognized by The State as having been given the authority by the state to do sign the paper, it isn't legal regardless of the participants gender.

      --
      I got here through a series of tubes
    125. Re:Good ... by Anonymous Coward · · Score: 0

      Dear Imbecile,

      It's not about the 'right' to file taxes. It's about the right to be treated equally, without being discriminated against based on who gives you wood.

      I suspect you know that already. Why you have chosen the Path of the Asshole as your way of life is a question only you can answer.

    126. Re:Good ... by Anonymous Coward · · Score: 0

      Yeah, it's the gays fault we want to discriminate against them. Why can't they just shut up and let us keep doing it?

    127. Re:Good ... by 1000101 · · Score: 1

      Because marriage suggests stability, and the government likes stability so they grant benefits to those who are in marriage. It's the same reason why getting a divorce can impact your score with creditors. Granting tax benefits to someone just because they have a roommate is ridiculous.

    128. Re:Good ... by gtall · · Score: 1

      I thought it was ankles the Taliban were objecting to...besides ears, noses, eyes, mouths, any assorted limbs. Their perfect woman is a UMO, Unidentified Moving Object.

    129. Re:Good ... by Anonymous Coward · · Score: 0

      So you want the various religious institutions to be able to dictate government workings? No thanks. How about instead, the state keeps using the word "marriage", and any religious institutions that are so butt-hurt that the word they use for their god-sanctified unions is also used by *gasp* homosexuals, they change? Not by force mind you. Perish the thought. I just mean, well, there's nothing stopping them from picking a new word now, now is there? Sure, there's nothing keeping government on the word "marriage", but the difference here is that I am not forcing a religious institution to change (no more than an artist who draws a picture of mohammad "forces" someone else to kill him), whereas you want to force everyone else to change.

    130. Re:Good ... by Anonymous Coward · · Score: 0

      But what about polygamy? What if someone wants to marry their son or their sister or their dog? What if they are truly in love with each other? Because there are laws that prevent those things too.

      I'm not against giving gay couples the same rights as hetero couples, however the argument of gay marriage supporters is that essentially defining marriage between a a man and a woman is an arbitrary line. What they fail to realize is that allowing same sex couples the same rights only sets another arbitrary line. What if a brother and sister are truly in love and want to marry? Should we allow incestuous couples to have the same rights as hetero- and homosexual couples? What if 3 men and 4 women all claim they are equally in love? Should this group marriage of 7 have the same rights as a 2 person marriage? What about a man and his son, who claim they are truly in love with each other? What if a woman says she's in love with her pet parakeet? Who has the right to say otherwise; how can any of us know for sure?

      I think that the institution of marriage is essentially a historically mating rights tradition (nothing to do with love) that was absorbed a few millenia ago as an essentially religious institution that granted legal, secular rights, that was later absorbed as a secular/government institution. Only in the last century has it had anything to do with love. In our current society, perhaps there needs to be a discussion of just what marriage should be these days.

    131. Re:Good ... by thomasw_lrd · · Score: 1

      Actually I think civil unions would only annoy the homosexual side. Let churches perform marriages that have no legal status, and let the govt convey civil unions.

    132. Re:Good ... by gtall · · Score: 1

      As the framers are no longer among the quick, and seeing as gays and lesbian relationships back then were very well hidden, it isn't clear what they would decide. Given the mores at the time, they would probably not countenance same sex marriage.

      But then they didn't have all that many problems with slavery either....at least not enough of them to write it out of the Constitution. Instead, they wrote it into the Constitution. So Scalia would probably have voted not to abolish slavery.

    133. Re:Good ... by stanlyb · · Score: 1

      Still, can i have 5 wives? With all the tax benefits of course :D

    134. Re:Good ... by SmittyVonSmitSmit · · Score: 0

      Contributing to someone's mental illness is nothing to be proud of.

    135. Re:Good ... by zieroh · · Score: 1

      I for one want the government out of marriage. Let the churches deal with "marriage"

      Tough noogies. The church lost control of the institute of marriage when it failed to treat people equally. That ship has sailed, and it's not ever coming back.

      --
      People who say "sheeple" have about as much sophistication as an AOL user, and in fact are probably actually AOL users.
    136. Re:Good ... by DJRumpy · · Score: 1

      No, it is his Constitutional duty to enforce the Laws of this United States, AND to Uphold the Constitution, and the two CAN and DO come into conflict from time to time. There have been some 13 times in the past when the Executive refused to enforce a law they saw as unconstitutional. This does not mean they can simply ignore a law. They must have a well reasoned argument to do so. In the case of DOMA, his stance was justified as of this morning's ruling.

      Your claim that he is somehow usurping the rights of the Legislative branch are out of hand until such as time as either the legislative branch modifies the power granted under the Patriot Act, or until the Judicial Branch declares such laws as unconstitutional. Tin Foil hats aside, having phone numbers logged into a database that requires a warrant and approval from FISA to even view to the courts mind, meets the legal requirements of unreasonable search and seizure. They cannot just go into the database 'just cause'. They must present a valid concern related to suspected terrorist activity just to search the database, receive approval from the court, which itself must report back to Congress on a regular basis for auditing purposes.

      In short, your issue is with Congress.

    137. Re:Good ... by Anonymous Coward · · Score: 0

      Why not re-assign those rights to people who have legally declared a commitment (basically a civil union so the government is COMPLETELY out of the marriage game and only in civil union and require all benefits must ignore marital status and be based on civil unions). This could be done in conjunction with a marriage or not. Ultimately, I know this will lead to homosexuals "marriages" and I'm okay with that; if some churches want to recognize it then that should be their right. I do not like the government dictating things related to religious matters, however. For the time being, just make it an exclusive arrangement between two people.

      The trickier situation are "plural" marriages. In the near term, we could make it so some things (like access rights) could be less exclusive. Long term, I'm not sure how you cope as if you allow one man to have multiple wives, it doesn't seem right to stop one woman from having multiple husbands. Once there, how do you handle "chains" of marriages (Person A is married to Person B, Person B is married to Person C, etc) Just because its difficult doesn't mean we shouldn't allow it; just that we need to think carefully about it.

      Maybe its just due to where I grew up, but I'm very much of the thought that if it doesn't harm others (abuse etc) and consenting adults want to do it, then that should be their right. I may not like it, I may not want to participate it, I may not want my children to do it when they grow up, but those should be our decisions and not forced on others.

    138. Re:Good ... by Anonymous Coward · · Score: 0

      Since the Constitution SPECIFICALLY says it can be regulated, no.

      To paraphrase a smart person: Now there is a fundamental misunderstanding of the US Bill of Rights if there ever was one.

      "A well regulated militia being necessary to the security of a free state", that's what we call an introductory clause in grade school English class. They're giving this as a reason we need the information that is to come next, which is called the main clause. It's something that's not used much in modern American English, but was common in the age of the founders.

      Example: To stay alert while on patrol, cops must eat donuts and drink coffee every day.
      Cops must eat donuts and drink coffee every day. Why? To stay alert while on patrol.
      Main clause: Cops must eat donuts and drink coffee every day.

      Apply the same formula to the much contested sentence:
      The right of the people to keep and bear arms shall not be infringed. Why? A well regulated militia is necessary to the security of a free state.
      Main clause: The right of the people to keep and bear arms shall not be infringed.

      Let's look at "well regulated" in 1700's parlance. In the sentence, it's not used the the context of 'controlled' as we often use regulate today. More along the lines of: to bring order, method, or uniformity; consistent, and properly calibrated. Well regulated could be used to describe a time piece, a mechanical instrument such as a backstaff, sextant, astrolabe, or compass which was in proper working condition.

      Let's put it all together now, so we modern idiots can better understand what they meant: A well ordered, and uniform (meaning they all bear and use the same equipment) militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

      See, it's not so hard.

    139. Re:Good ... by zieroh · · Score: 1

      So don't call it marriage. Have a standard government backed civil union type thing that any two (or more) people can enter into under the law and let the churches handle whatever joined under god nonsense they want.

      Separate but equal?

      No. Fuck that, and fuck the church. They're even worse than the government. We live in a secular society, like it or not. Marriage is now a secular institution.

      --
      People who say "sheeple" have about as much sophistication as an AOL user, and in fact are probably actually AOL users.
    140. Re:Good ... by ganjadude · · Score: 3, Interesting

      haha im not even religious. I just am sick of the arguing over something that I find to be a pointless argument when we have REAL problems in our country to worry about

      --
      have you seen my sig? there are many others like it but none that are the same
    141. Re:Good ... by ganjadude · · Score: 1

      ughh, no i was the government to list all civil unions as civil unions and remove the worrd married. then let the different churches decide what they want to call it. in the eyes of the law it should be civil union IMO

      --
      have you seen my sig? there are many others like it but none that are the same
    142. Re:Good ... by Reverand+Dave · · Score: 1

      Marriage, by a church, is a religious ceremony. The government has no control over the church.

      By the same token, a religious ceremony means exactly jack shit to the state without a marriage license which can only be granted by the state. I can have a ceremony at the courthouse and it has the exact same significance to the state as one in a church, as long as you sign the contract at the end with a legal witness and representative.

      --
      I got here through a series of tubes
    143. Re:Good ... by Anonymous Coward · · Score: 0

      When there is a boot on your throat, the right to breath is one that is granted, not one that is inalienable.

    144. Re:Good ... by judoguy · · Score: 1
      I've never understood why polygamy was illegal. It's it's own punishment.

      (My wife has never seen the humor in that statement for some reason.)

      --
      Peace is easy to achieve, just surrender. Liberty is much harder get/keep.
    145. Re:Good ... by stanlyb · · Score: 0

      LOL, man, or girl, you are a real beeeaatch, ain't so? You reminded me why most people link such a person like you, with the language you use. Let me translate it to you, if you act like a sh*, and use sh* language, then....accept it, you are sh***

    146. Re:Good ... by Anonymous Coward · · Score: 0

      "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

      So a homosexual male couple gets marriage rights, but a homosexual female couple does not.

    147. Re:Good ... by stanlyb · · Score: 1

      Oh, now i am happy. Thank you god, for letting such a people write down such a meaningful and full with hidden meaning sentences, like the parent. Again, thank you, and please, dont stop them write down one letter sentences. Even if no one could catch their divine meaning.

    148. Re:Good ... by FictionPimp · · Score: 1

      Which still allows gays to be married. So why bother with all that PC bullshit?

      If the Government says "We dont' do marriage anymore, just civil unions and marriage is now unregulated in the hands of anyone who wants to perform a 'marriage'." why even bother. Anyone anywhere can setup a group to do marriages and then go get a civil union. So they are still legalizing gay marriage.

      People just need to suck it up and understand that these people are not harming anyone and should be able to live their lives as they see fit. Personal, religious, or otherwise beliefs on if being gay is right should not be involved in this simple decision.

    149. Re:Good ... by gstoddart · · Score: 0

      Leave the word marriage to the churches. or other groups. in other words, make "civil union" the legal definition of marriage as far as the government is concerned

      No, that's just pandering to the churches and religious groups and telling them they get to 'own' the word marriage.

      If people still are not happy with that, that just tells me there ar eother motives behind them.

      No, it means that trying to make a separate class of something to keep the religious people happy isn't moving towards equality, it's saying "if we give you something else and you leave us alone and shut up we'll call that equal".

      Allow me to go with a blatantly offensive example (and I will apologize to anyone taking offense, this is for purposes of illustration, and is intended to be extreme to demonstrate a point).

      The dreaded N-word. Imagine someone tried to pass a law which read "it shall be legal for persons and niggers to do this". You're not enshrining 'equality', you're writing into law how these groups are supposed to be equal but we'll class them under a different term, and whenever you see an old law that says "a person may/may not" you should read that like it says "a person or a nigger may/may not do this".

      So, it's not equality when you define it as a different term. It's equality when you say "a person is herein defined to be a human of any race/creed/whatever", and a "marriage is herein defined as a union between two consenting adults". It's not equality when we say "a person is anyone of a white skin complexion of mostly European descent and a nigger is everyone else (except Asians, which we'll mostly class as people) but for purposes of discussion they're equal". If they were equal you wouldn't need another word for it.

      The solution you're proposing is the one where we call it something else in order than one group can still discriminate against the other and call it ok.

      The last thing we need is "God Approved Marriage" and "Union of Two Faggots" -- pretending those are somehow equal is bullshit. It also would validate bigots and assholes who say "well, we're married, and you're just a union of two faggots so we're better".

      If you think that there are 'other' motives, you're right -- but those aren't the motives of those pushing for equality, those are the motives of people looking to legally enshrine discrimination.

      Now, if you'll excuse me, I'm going to go feel some guilt over using a word I've expunged from my vocabulary for the last 30 years.

      --
      Lost at C:>. Found at C.
    150. Re:Good ... by FictionPimp · · Score: 1, Insightful

      Yes, let's cave to vocal minorities who believe in sky wizards, but are ok with me getting married simply because I need a tax break and like women.

    151. Re:Good ... by Anonymous Coward · · Score: 0

      Why can't I as a single guy, get the same advantages as a married couple with my roommates on our taxes & other social benefits?

      Only if you're putting out to them :P

    152. Re:Good ... by c0d3g33k · · Score: 1

      It is called the equal protection clause. "The Declaration of Independence" is not a law and has zero barring on any decision of the Supreme Court.

      And it has zero bearing, too.

    153. Re:Good ... by zieroh · · Score: 2

      Simple workaround:

      1 - The State is out of the marriage business, and into the business of Civil Unions. Those pieces of State-respected status and benefits are conferred upon Civil Unions.

      What possible point does this serve? How does splitting the the institution of marriage into two different categories that are supposedly equal serve any point at all?

      Oh, right... it keeps the religious nutjobs (who are laboring under the opinion that they "own" the term marriage) from having to fret and worry that their "institution" (which was never actually theirs to begin with) is being eroded.

      Fuck 'em. Seriously. Your "workaround" is a thinly-disguised attempt at putting the veneer of reason on what can only be described as irrational. It won't work.

      --
      People who say "sheeple" have about as much sophistication as an AOL user, and in fact are probably actually AOL users.
    154. Re:Good ... by Registered+Coward+v2 · · Score: 1

      Marriage gives you certain benefits - taxes, insurance rates, access rights, etc - that no other 'grouping' does.

      You're never going to get government out of all of the things that marriage gives benefits to.

      Rights are given by the government. If marriage gives you extra rights, then the government says what those are.

      Actually, the government has chose the term "marriage" to defend the legal obligations and benefits assigned to two people who enter into a marriage contract. The government could simply drop the term marriage and allow anyone over the defined age of majority enter into such a contract, and only allow one contractual bond at a time. Churches could still perform marriages following their church's laws and requirements. That would return the concept of marriage to religion and leave all the civil benefits to the government; which could be done on a non-discriminatory basis.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    155. Re:Good ... by Anonymous Coward · · Score: 0

      Let me define my "family" as I see fit, and leave the government out of it entirely. Because as it stands, even after today, it's not fair.

      Pretty sure that part of the tax breaks and social benefits are paid back into the system by a marriage-unit that creates more consumers. If you adopt a kid, you can get in on this sweet deal!

    156. Re:Good ... by Reverand+Dave · · Score: 1

      That's cool, you go drink from that fountain over there. It's just as good as this one but you can't drink from this one, only that one over there. Also, you can ride the bus but only in the back, all the seats up front aren't for you, just me. I don't know why you'd complain, your seats in the back are just as good as the ones up here. Also, your kids can't go to the same school as mine. Their schools will be just as good as the ones mine go to but I don't want your kids going to my school. Also go ahead and marry your own kind, but you can't call it marriage because nig, I mean fag, you guys aren't quite the same as us and you can't really get married because we own that word and that makes me uncomfortable when you use it.

      Does that put it in plainer terms to you now you ignorant fuck? The whole purpose is when you start making small divisions it keeps the door open for larger ones. If congress can legally differentiate two words or phrases, they will. That's why we have a civil rights act and a voting rights act. Thinking like yours is why we will need a marriage rights act too.

      --
      I got here through a series of tubes
    157. Re:Good ... by Anonymous Coward · · Score: 1

      Oh bullshit. He is consistent in that he takes a conservative stance, but alternates between originalist and activist whenever it suits his views.

      Scalia on the voting rights act - "This is not the kind of a question you can leave to Congress.", "Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes."

      Scalia on DOMA - "We have no power under the Constitution to invalidate this democratically adopted legislation."

      VRA passed the Senate 98-0, DOMA passed 85–14. How can only one of these laws be unacceptable under an originalist interpretation?

    158. Re:Good ... by Reverand+Dave · · Score: 2

      Wouldn't that be great, just abolish marriage as a whole. Cohabitation is the ultimate goal. This is pretty apparent in the tax code. I'm married (technically) but I pay my taxes like I'm single and it doesn't make a fucking bit of difference.

      --
      I got here through a series of tubes
    159. Re:Good ... by Anonymous Coward · · Score: 0

      That liberals like you can nullify the sanctity of marriage as defined by another group makes YOU no better than the Taliban.
      Do you understand your essential moronic statement on this issue???

      Now, for those who can think: Scalia dissented because it was the right thing to do. SCOTUS is not a peer review body. It is an adjudicating body which decides legal *conflicts*. There was no conflict on record in this case. Scalia's dissent was so scathing because the current SCOTUS has grossly overreached their power.

    160. Re:Good ... by SoldierII · · Score: 1

      Marriage gives you certain benefits - taxes, insurance rates, access rights, etc - that no other 'grouping' does.

      You're never going to get government out of all of the things that marriage gives benefits to.

      Rights are given by the government. If marriage gives you extra rights, then the government says what those are.

      I am just curious, could same argument be made for having polygamy? I mean what is the difference between TWO people in marriage compared to THREE or more? What difference is there to have more than TWO people in same marriage?

    161. Re:Good ... by FictionPimp · · Score: 2

      Why does the church get a monopoly on what is a marriage? We have secular marriage now and have had it for generations, so you want to take away my right as a straight male atheist to get married?

      The church should be out of the the whole fucking thing. If they want to do 'weddings' let them, but those should hold no legal standing. Let the state do civil unions or marriages or blow jobs of convenience or whatever they want to call them.

      I see no reason to not just call it marriage except to keep a bunch of people who believe in fairy tales happy.

    162. Re:Good ... by Jeremy+Erwin · · Score: 4, Insightful

      There are natural rights, and civil rights, and political rights and social rights. Some depend on the existence of a state, or on a particular social order.

      but, I suppose that you have a particular view of things that you would like to be part of the indoctrination known as "civics class."

    163. Re:Good ... by Rockoon · · Score: 1

      Because as it stands, even after today, it's not fair.

      Its even less fair than it was before today...

      Just figured I'd point that out, because the bullshit phrasing of "equal rights" that the homosexual lobby uses is as I said, bullshit. They want to be included in the "special rights" group, and adding more to that group would only bring us closer to equality if that group consisted of 50% or more of the people already, but its less than 50%, and the cost if being single is significant.

      --
      "His name was James Damore."
    164. Re:Good ... by Vanderhoth · · Score: 1

      if they want to use the brand (married) their parents used, they should use the brand (opposite sex) that thheir parents used as well would be the argument to that

      That's not really the point I was trying to make and sexuality isn't a brand. You don't decide to be gay anymore than you decide to be black, white or asian. Your argument is that you want some people to call it disposable snot rag instead of Kleenex, while everyone else uses the term Kleenex. That's discriminatory, which is what the SCOTUS ruled.

      If you're going to throw a shitfit over it... Well too bad supreme court said gays can call it whatever they please. Besides marriage, life partner, house mate, whatever! They diverse to be as miserable as the rest of us :)

    165. Re:Good ... by Anonymous Coward · · Score: 0

      Yep, this now opens the door for people to marry multiple partners (after all they are all consenting aduilts)

      And Woody Allen would be happy too because now an adoptive parent (or even a step parent) would be free to marry their adult adoptive child or step child since it's not incest and they are after all consenting adults.

      In fact if we are throwing government out of sexuality, there could be aunts/uncles marrying their adult nieces and nephews.

      The list just goes on and on ....

    166. Re:Good ... by Anonymous Coward · · Score: 0

      what about those who are in a relationship with more than 1 person

      They may select one to share survivorship benefits, powers-of-attorney, etc. just like everyone else. If would-be polygamists were prevented from marrying at all, that would be wrong.

      The government can set limits on certain things-- it just can't make those limits discriminatory. A "no billboards" ordinance is ok. A "no religious billboards" ordinance is not. A ban on polygamy is not a restriction on who can get married, but how many.

    167. Re:Good ... by Richy_T · · Score: 1

      People, people, calm down. There's enough blame for everybody.

    168. Re: Good ... by Anonymous Coward · · Score: 0

      So, to correct this decision we should return to the beginning and work to deny blacks the right to vote and hold property...?

    169. Re:Good ... by Jeremy+Erwin · · Score: 1

      Can inalienable rights be contracted away?

    170. Re:Good ... by Richy_T · · Score: 1

      That does not remove your rights. The words you are looking for are infringe and abrogate.

    171. Re:Good ... by FictionPimp · · Score: 1

      And this doe nothing legalizing gay marriage wouldn't do.

      If the government has no say in marriage and it's a religion only thing, then there will be a church that performs gay marriage (or even a church made for that purpose entirely) and thus gay marriage is now a normal and legal.

      So just fucking make it legal. That is the only obvious and simple solution.

      When making a something legal or illegal imho it should only have to pass or fail a few tests.

      1) Is it physically harming others?
      2) Does the constitution explicitly prohibit us from making laws about it?

    172. Re:Good ... by Jeremy+Erwin · · Score: 1

      God doesn't give a shit about a lot of things. He's dead.

    173. Re:Good ... by MobyDisk · · Score: 1

      Bingo.

      This makes the entire marriage issue moot. Instead of getting a marriage license, I should file a "Visitation Rights Form" and a "Default Inheritance" form and a "Joint Tax Authorization" form. If I put my father's brother's nephew's cousin's former roommate on the form, the government should not care.

    174. Re:Good ... by Anonymous Coward · · Score: 0

      The fix isn't to "allow" gay marriage.

      The fix should be "You know what? You, the LGBT, are complaining so damn much about the "inequality" we're going to fix it."

      Congress votes to revoke tax breaks for the married.

      It passes.

      Done.

      Then there is nothing to complain about. But here is the thing, this has nothing to do with tax breaks or any other deal. It has simply to do with a group of people wanting to upset the balance of how things have been just because. You could compromise on any number of issues with the LGBT community but they have this seething anger/hatred towards the Christian community because that community won't accept them. Boo hoo. Maybe you shouldn't try so hard to attempt at being accepted by a community who by their religious tenants cannot. Ever. Any gay person part of a church that is truly Christian is kidding themselves. Read the book you ignorant fools.

      Christians are like the Taliban. Oh, Really?

      When is the last time that you've seen a real/true Christian bomb a cafe because it held Jews or heck Gays? In the U.S. You can't find them. And if you do find someone it is most likely someone that is part of the neo-facists/nazi or KKK groups. This of course excludes the Westboro Baptist Church considering it is not even part of the Baptist community nor any other recognized Christian Denomination.

      I already know things are going to get tough for Christians. It is already happening. On top of that the federal government has seen it fit to declare or add Christians, Christian organizations, and numerous other similar groups to watch lists and suspected terrorists lists. We should be concerned as a country no matter the group (unless combatants from other countries) when our government starts to do such things. The Constitution was written in a manner to allow freedoms...like speech, and religion not restrict nor abridge them.

    175. Re:Good ... by Anonymous Coward · · Score: 0

      you are confusing natural rights with legal rights. this is exactly why out Constitution is being attacked- because enough folks do not understand and more important care. As long as they can take their two or three vacations a year, drive a nice car, get their facebook and watch their favorite sports teams , then who cares. And this is just what the opponents of the Constitution are counting on- wake up folks, probably too late

    176. Re:Good ... by Anonymous Coward · · Score: 0

      That Scalia dissented means he's not looking at the right parts of the Constitution but is just being selective.

      Believing one group should be able to dictate the rights of another group makes you no better than the Taliban.

      Given the view of homosexuality a few hundred years ago in the west, I find it difficult to believe that the writers of the constitution had any intention to write a document that would later be used to enforce a right to same-sex marriage. For FSM's sake, at the time black people were generally slaves and only landowners could vote. The constitution is a document that was written without the intention of contradicting those two practices, which by your reasoning makes the founders no better than the Taliban. So it is plainly obvious that the constitution could not possibly be worded in a way intended to allow same-sex marriage, much less to condone same-sex marriage as this ruling does. The only way you get a ruling like this is that society's recently improved view of same-sex relations is having an effect on the judges and they are now reading their own views into the constitution. Or more probably, they are intentionally deviating from the constitution in an effort to safe-guard America as best they know how. Another way of saying that is that this ruling would have been completely impossible 100 years ago.

      I fully support same-sex marriage, by the way, but that doesn't make me immune to facts. You could have criticized Scalia for being a raging homophobe, a criticism that would probably apply just as well to the founders, if not more so. However, to say that he simply isn't reading the constitution correctly is plainly ridiculous. How could you believe such a thing? An idea's goodness is independent from its constitutionality. The constitution is not so special a document that it cannot be bad or wrong. It may well contradict whatever views you hold most dear.

    177. Re:Good ... by Anonymous Coward · · Score: 0

      What I would like to see is a complete redefinition of what the government recognizes as a civil marriage, by removing the marriage part. Why can't I as a single guy, get the same advantages as a married couple with my roommates on our taxes & other social benefits? Or on the other end, what about those who are in a relationship with more than 1 person(ie polygamy)? Let me define my "family" as I see fit, and leave the government out of it entirely. Because as it stands, even after today, it's not fair.

      Utah has laws regarding committed partnership which allow for many of the benefits married couples enjoy in spite of strong opposition to using the term "marriage" when referring to homosexual couples. These laws recognize partnerships between siblings, friends, etc. People in a committed partnership can be covered by health insurance, avoid estate taxes, etc.

    178. Re:Good ... by Anonymous Coward · · Score: 0

      You are right. Fuhrer Bush broke ground on that, so are you going to complain about that too?

    179. Re:Good ... by Richy_T · · Score: 1

      The church lost control of the institution of marriage when the people with the swords and guns told them that was the case.

    180. Re:Good ... by hobarrera · · Score: 1

      The government get in the way of marriges for plenty of reasons:
        - Who you're married to is who inherits your stuff if you die (unless there's children, etc, of course).
        - If you're in a coma, that'd be the person that can visit you/take decisions for you, etc.
        - You spouse can't be forced to witness against you.

      I'm sure I've probably missed a few.

    181. Re:Good ... by Richy_T · · Score: 1

      They've just got a head state on protecting themselves from the surveillance state.

    182. Re:Good ... by alva_edison · · Score: 3, Insightful

      Well, this would probably work because there are churches that are willing to marry same-sex couples. So they could be married, and have their civil union the same as different-sex couples.
          Due to the overwhelming number of statutes at all levels of government, it would require an amendment to the United States Constitution to catch all of the usages. One of the general rules of conservatism (in the United States) is a reluctance to pass constitutional amendments at that level. I don't see social progressives (again using United States standards for the words) willing to cede the word "marriage" to religious institutions. That means that while this is a potential solution, it has a low chance of implementation.
        The other argument being presented is that marriage shouldn't be religious at all, those trappings being added (according to others in this conversation) after Europeans started routinely coming to the Americas.

      --
      He effected a bored affect.
    183. Re:Good ... by hobarrera · · Score: 1

      Out of curiosity (I don't live in the US), what tax advantages do you get by being married?

    184. Re:Good ... by Anonymous Coward · · Score: 0

      It's it's own punishment

      Close, it should be: "It's its own form of punishment".

      The 's is only used with "it" to contract "it is", the possessive "its" is an exception to the rule about adding 's for the possessive form.

      That's Bob's car, it's nice but its tires are flat.

    185. Re:Good ... by DJRumpy · · Score: 1

      An interesting read if you can find the time. A simple example: If congress directed the President to terminate all persons of Muslim decent, would the President be bound by law to execute the law as written by Congress?

      Once DOMA came under higher scrutiny in the appellate courts, it allowed the DOJ and the Executive to require more than theoretical use cases for defending the law. It also allowed them to call into question the constitutionality of such laws and whether or not the Constitution granted them the right to enforce a law that seemed to be in direct contradiction to said Constitution (arguably the highest law in the land).

      [Ref - http://georgetownlawjournal.org/files/pdf/96-5/Prakash.PDF..]

      First, the Constitution never empowers the President to enforce unconsti- tutional statutes. He no more has the power to enforce such statutes than he has power to enforce the statutes of Georgia or Germany. Second, the President’s duty to preserve, protect, and defend the Constitution requires the President to disregard unconstitutional statutes. When the President enforces a statute he regards as unconstitutional, he violates the Constitution no less than if he were to imprison citizens without hope of trial. Third, the Faithful Execution Clause requires the President to choose the Constitution over unconstitutional laws, in the same way that courts must choose the former over the latter. Consistent with these understandings, John Adams and Thomas Jefferson argued that executives could not enforce unconstitutional laws. Indeed, President Jefferson halted Sedition Act prosecu- tions on grounds that the Act was unconstitutional. According to Jefferson, his duty to defend the Constitution barred him from executing measures that violated it.

    186. Re:Good ... by interkin3tic · · Score: 4, Interesting

      I think your idea has merit, but lets save that for another time if for no other reason than to give the far right social regressives less to get worked up into a frenzy about. For years they've been screaming "What's next? Marrying a dog?!? SATAN WORSHIPING!?!?!?" Lets keep the focus on the fact that they're opposing love most people can relate to, THEN try to get platonic and polygametic relationships covered. Jumping to it right now will make them more sure they're right, that we're on a slippery slope to people marrying their dogs and bringing the end of times. Or whatever.

    187. Re:Good ... by keytoe · · Score: 1

      Wouldn't that be great, just abolish marriage as a whole. Cohabitation is the ultimate goal. This is pretty apparent in the tax code. I'm married (technically) but I pay my taxes like I'm single and it doesn't make a fucking bit of difference.

      From a tax perspective it's not the marriage that earns the breaks, but the children. The former (usually) leads to the latter. The government doesn't care about you falling in love and marrying your soulmate, so they don't incentivize it. Growing their tax base, however, is well worth rewarding.

    188. Re:Good ... by scot4875 · · Score: 1

      so I could be spouting bullshit

      Yup, you are.

      --Jeremy

      --
      Jesus was a liberal
    189. Re:Good ... by bluegutang · · Score: 1

      replace the group named in the law with black or Jew and if it sounds like something out of the 1930s? Well then its probably just good old fashioned bigotry.

      Separate bathrooms for men and women? :)

    190. Re:Good ... by Richy_T · · Score: 1

      It's none of the governments business. It shouldn't be involved in social engineering in the first place.

    191. Re:Good ... by bmearns · · Score: 1

      I think you're missing their point. They're not trying to say that marriage as a concept is religious, they're trying to say that the term marriage should not have a legal definition. Legally, the concept of marriage would be relabeled as "civil union" or something of that nature, and it would apply equally to gay and straight couples. The term "marriage" would have no legal definition but churches and other non governmental institutions that have traditionally performed marriages could continue to do so with the same label, but that label alone would not provide any government benefits.

      --
      Slashdot is not a game, Slashdot is not a game. Crap, I just lost points.
    192. Re:Good ... by thomasw_lrd · · Score: 1

      I figured as much.

    193. Re:Good ... by Richy_T · · Score: 1

      It would probably be healthier for it if it weren't an institution.

    194. Re:Good ... by Anonymous Coward · · Score: 0

      In political science, you would be talking about natural rights, as opposed to legal rights. You need to read up yourself.

      Also, 'inalienable' is a point of view, leaving much to the interpretation of the era.

    195. Re:Good ... by Anonymous Coward · · Score: 0

      Let me try this another way.

      Currently, both government and religious institutions use the word "marriage". You suggest that if one of those groups were to change the word they use (just the word, not the meaning behind it), then it would fix everything. And you decided that government should be the one to change. Why? The only reason for government to change is to try and appease the various religious institutions. Hence why I accused you of wanting the various religious institutions to be able to dictate government workings. If the government is changing something in order to appease a religious institution, then that religious institution is basically dictating that the government do something.

      What I am saying is that that is the wrong approach. If it really does offend some religious institution that the word they use for their god-sanctified union is also used by homosexuals, they should be the ones to change. Just as if it offends someone when I draw a picture of Mohammad, it is that other person who needs to change, not me.

    196. Re:Good ... by interkin3tic · · Score: 1

      Also works for criminals who have served their time. "No voting if you're a felon" or "No living within 2 miles of a school if you're a sex offender"?

    197. Re:Good ... by asylumx · · Score: 1

      Oh, that explains why his wife has never seen the humor in the statement.

    198. Re:Good ... by Anonymous Coward · · Score: 0

      Civil unions do not give all the same benefits of marriage. It depends on the state what benefits and responsibilities are granted, and there is no legal requirement for a state to recognize a civil union granted by another state. I understand where you're coming from, but you need to do more research. Marriage is not intrinsically religious, as others have pointed out.

    199. Re:Good ... by Anonymous Coward · · Score: 0

      >Why can't I as a single guy, get the same advantages as a married couple with my roommates on our taxes & other social benefits?
      If you live in a state the recognizes same sex marriage, you can. A friend of mine got married last month at the courthouse. it took around 10 minutes and they had to fill out some paperwork. This was his second marriage. His first was to his roommate (whop happened to be female) and was simply to get access to healthcare and tax advantages. So it can happen. It does happen. You just have to put up with all the same shit people who marry for love do. That includes all the nasty details of divorce and shared finances etc.

      As for polygamy. Remember, this is a legal status between two people. What DOMA did was say that it's only valid if those two people are a man and a women. Discrimination on count is perfectly fine in the US. Discrimination on sex is not. (Does DOMA fuck over trans couples too?)

      In other words: cry more you bigoted douche.

    200. Re:Good ... by SomeKDEUser · · Score: 1

      There is a huge cognitive dissonance in the US about rights. Because Americans are told they have "inalienable" rights coming "from their creator", they have the feeling that the government can only take them away. However, in reality, "rights" stem from social consensus and need to be actively defended by the manifestation of social consensus: "the government"!

      Any right that the government does not actively defend is moot. If you wish for "small government" you also wish for weak protection of your rights.

      Another source of confusion is that there is some distinction between "state government" and "federal government" and the average American seem to not understand that this is just an arbitrary separation of duties which is not particularly good or appropriate. At the end of the day, you are "governed" and obey "laws" and have "rights" and it matters little where these come from, states or Washington.

    201. Re:Good ... by cfulton · · Score: 1

      One of the many problems with an originalist interpretation of the Constitution is that even the framers didn't know exactly what was intended by every article. Jefferson and Hamilton fought tooth and nail throughout Washington's term about states rights, the power of the executive and the interpretation of the role of the supreme court. In fact it was not until Marshal in 1801 that the Supreme court decided it had the power of judicial review (Marbury v. Madison). So, even the role that Scalia plays in government was not as the framers intended. The entire argument is silly since there are many things that we deal with today that the founders could not have even envisioned. What for instance did the framers think of stem cell research, commerce on the internet, software patents, genetically modified food, corporate political speech... and the list goes on? Will Scalia simply say that he can make no decision on these sorts of things. No, he will make a call, and that call will back his political agenda. You simply cannot be an originalist about a 224 year old document.

      --
      No sigs in BETA. Beta SUCKS.
    202. Re:Good ... by JesseMcDonald · · Score: 1

      Can inalienable rights be contracted away?

      Not directly. That's what it means for them to be "inalienable". However, you can agree to forfeit something alienable (e.g. property) in the event that you do exercise those rights. In the event that you do exercise the right, the loss of property isn't a punishment as it would be had you lost the right itself; it's simply a matter of you keeping up your end of the bargain.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    203. Re:Good ... by SomeKDEUser · · Score: 1

      you are living in la-la-land if you think that rights not defended and imposed by the Leviathan have any value. Justice is part of the apparatus of state. What of your rights with no police or tribunals to enforce them?

    204. Re:Good ... by ganjadude · · Score: 1

      Frankly I dont care what happens in all of this, it does not matter to me personally one bit other than I find it to be a distraction on the real issues that are affecting our country right now.

      --
      have you seen my sig? there are many others like it but none that are the same
    205. Re:Good ... by bmearns · · Score: 1

      Is love ever a deciding factor? My wife and I had to fill out quite a bit of paper work to get our marriage certificate, but I don't recall any forms where we had to indicate whether or not we loved each other. So as far as I can see, now that DOMA has been struck down, two roommates should be able to apply for a marriage license and get the same benefits, whether they love each other or not. I guess things get tricky if one of the partners is not a citizen or permanent resident: if what I learned from television is true, the INS may demand evidence of a loving and committed relationship.

      I think your comment raises the question of why we have marriage benefits in the first place. I'm not suggesting we shouldn't have them, but I've never heard what the motivation is for benefits like special tax laws for married couples. Property, custody, inheritance, and medical rights I understand, you want to be able to pick somebody that you want to make decisions for you, share your property, take care of your kids, etc. That being the case, I think you're right, there's no good reason love needs to factor into that at all. But what are the reasons for offering tax breaks, and is there any reason they shouldn't apply to couples who aren't in love? I honestly don't know.

      --
      Slashdot is not a game, Slashdot is not a game. Crap, I just lost points.
    206. Re:Good ... by Anonymous Coward · · Score: 0

      When is the last time that you've seen a real/true Christian bomb a cafe because it held Jews or heck Gays? In the U.S. You can't find them. And if you do find someone it is most likely someone that is part of the neo-facists/nazi or KKK groups. This of course excludes the Westboro Baptist Church considering it is not even part of the Baptist community nor any other recognized Christian Denomination.

      No TRUE Scotsman puts sugar on his porridge!

    207. Re:Good ... by TCQuad · · Score: 2

      That Scalia dissented means he's not looking at the right parts of the Constitution but is just being selective.

      The day after SCotUS overruled the Voting Rights Act, Scalia complained that overturning DOMA "is an assertion of judicial supremacy over the people's Representatives in Congress and the Executive". I think you're being kind when you only label his arguments "selective".

    208. Re:Good ... by Anonymous Coward · · Score: 0

      This, as a Catholic I have no problem with the Catholic church refusing to marry any couple they don't see fit. I also don't see how the Catholic church's position on what a proper marriage is has anything to do with what the government's opinions. The sooner both of these organizations (along with other religious and political organizations) get out of each other's hair the better.

    209. Re:Good ... by Anonymous Coward · · Score: 0

      well yes and no. im saying strip the term "marriage" for the legal world and replace it with "civil union" for ALL gay or straight. Leave the word marriage to the churches. or other groups. in other words, make "civil union" the legal definition of marriage as far as the government is concerned. than everyone should be happy. If people still are not happy with that, that just tells me there ar eother motives behind them.

      The church don't own the bloody word, so no we'll not just 'leave it to them' - if they want their own word they can come up with new one.

      It doesn't matter what historical reasons any idiot can give - the current definition is what the majority thinks it means.

      In other words - if you lot can drop the "u" from colour and continue to butcher common phrases with gems like "could care less" - then another lot can take the word marriage and do whatever they like with it.

      For what it's worth - how come nobody has any problem with the maritime use of the word?

      marry1 (mær)

      —vb (sometimes foll by up) , -ries, -rying, -ried ...
      6. (tr) nautical
                a. to match up (the strands) of unlaid ropes before splicing
                b. to seize (two ropes) together at intervals along their lengths

      Less to do with "preserving the meaning of the word" and more to do with baseless discrimination after all...?

    210. Re:Good ... by Anonymous Coward · · Score: 0

      agreed!

    211. Re:Good ... by keytoe · · Score: 2

      I have an easy way i use to tell if a law smells bigoted, replace the group named in the law with black or Jew and if it sounds like something out of the 1930s? Well then its probably just good old fashioned bigotry.

      Force anyone supporting such laws to restate them in the form: "I think the government should forcibly remove the following rights I enjoy from <insert target group here> because...". No matter what comes after the 'because', that statement should cause revulsion in everyone if the target group is anything other than 'legally convicted criminals'.

    212. Re:Good ... by Anonymous Coward · · Score: 0

      Since when are "liberals" against rich people being taxed more?

      Nice strawman.

    213. Re:Good ... by Anonymous Coward · · Score: 0

      Couldnt have said it better myself!

    214. Re:Good ... by Omestes · · Score: 5, Insightful

      I hate the word "rights"...

      Where do they come from? They aren't natural, since in a wild state (no government, or enforcement of these rights) they wouldn't exist. Some of them didn't exist throughout much of human history, or only existed selectively to certain populations. I don't accept a concept of a creator, deist or otherwise, so they can't spring from that. Evolution and nature doesn't give a shit about us, or our rights, so it didn't come from there. This leaves one place where they could have come from; us.

      Rights are a social construct, they only exist because we believe in them, and take action to enforce them. Rights are very much magic. One could argue that our constitution created said rights via social construct. The act of saying "these are your rights" and people believing it, made them so. If we all decided marriage or access to healthcare was a right, it would be tomorrow. I we all decided that freedom of speech or religion wasn't a right, it wouldn't be.

      Also, if they are inalienable, and universal, then why do they only apply to American citizens, and only some sets of them, still, and only in circumstances not deemed special (terrorism)? Why shouldn't an illegal immigrant have the same rights as me, or a foreign national in another country when acted upon by US powers?

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    215. Re:Good ... by BigDaveyL · · Score: 1

      Actually, the simple solution would be to strike any law that gives benefit to actually be married. In other words, you treat all relationships the same as far as estate, tax and other benefits.

      The other alternative would be to reform the current tax/benefit codes to treat everyone the same (so there would be no benefit to marry)

      If I recall correctly, didn't Warren Buffet make some (all) of his fortune buying up businesses that were forced to sell because of the estate tax. We keep making things more complicated so things like gay "marriage" becomes an issue when the law is inherently stupid to begin with.

    216. Re:Good ... by Anonymous Coward · · Score: 0

      Scalia is in favor of originalist interpretation of the Constitution and he's been pretty consistent about that. It is absurd to say that the framers of the Constitution intended the equal protection clause to mean equal protection for every form of marriage, therefore the court should have no basis for overturning the people's representatives decision to pass this law. He is the one being consistent here, it is the proponents of 'living constitution' who are always unpredictable and inconsistent because they believe Justices should vote based on their personal feelings of right and wrong.

      It is the court's duty to overturn unconstitutional laws.

    217. Re:Good ... by dpilot · · Score: 1

      The anti-homosexual side would be annoyed that gays got legal rights through civil unions. (They certainly were in Vermont, anyway.)

      --
      The living have better things to do than to continue hating the dead.
    218. Re:Good ... by Anonymous Coward · · Score: 0

      It is absurd to say that the framers of the Constitution intended the equal protection clause to mean equal protection for every form of marriage, ...

      It's absurd to think that we can totally get in the heads of men that lived 250 years ago and know what they intended. It's also absurd to read text like the equal protection clause, and interpret that in some sort of "that can't mean these people" way. The words on the paper are well defined. You either interpret them literally, or there will always be some aspect of a "living" constitution. If we had a court of robot justices with AI and they decided this case (definitely not a "living" constitution) how would they decide? Would they interpret the words literally, or would they come up with some kind of rationalization for why they can exclude certain people that they don't identify with?

    219. Re:Good ... by Anonymous Coward · · Score: 0

      I'm not ganjadude but I agree with him. I'm single, and because I'm not married I'm discriminated against. Why does a childless married couple get a tax break when a widow and her child doesn't? Same number of people, same or higher bills (kids are expensive, I know, I raised two of them) and the widow has only one source of income while the couple can have two.

      As to leaving your stuff to your wife, that's what wills are for. Why should my stuff be taxed at a higher rate than yours when I die, just because my ex-wife couldn't keep her dress down and deserted me and my then teenaged daughters? How is it fair that she's paying fewer taxes than me because she married the guy she committed adultery with?

      If you want a marriage, whether by a preacher, ship's captain, or circus clown, go ahead and get married. But leave government out of it and this silly "gay marriage" controversy goes away.

      The god damned government should stop discriminating against me. It doesn't matter of you're gay or straight, if you're single you have fewer rights than a married person. I have yet to see a single argumant as to why this should be.

    220. Re:Good ... by GodInHell · · Score: 1

      Short answer: Nope.

      Longer Answer: we engage in a dance where rights can be waived in certain circumstances, in limited ways, e.g. waiving the right to a jury trial in a civil action /related to a particular purchase or contract/ but cannot, generally, waive your right to a jury trial in a civil action generally.

    221. Re:Good ... by Anonymous Coward · · Score: 0

      society probably doesn't want to encourage all college roommates to routinely "get married" for the year just to receive additional tax benefits.

      That must be what this was about.

    222. Re:Good ... by jimbolauski · · Score: 1

      There are only two areas where the government should be involved, taxes which is pretty simply to fix just don't have a tax rate for married couples, just have a head of household deduction. The other is inheritance which could get messy if no will is present but the simple answer is have a will. Insurance is not an issue as it is a transaction between private institutions so the government should not be involved anyway. It's not that hard to get the government out of the religious sacrament business you just have to be willing to do things on you own and not depend on the government to do things for you.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    223. Re:Good ... by Anonymous Coward · · Score: 0

      Grammar nazi wives are scary, you know.

    224. Re:Good ... by Anonymous Coward · · Score: 1

      Some of you people seem to have reading comprehension. The suggestion here is to get the government out of the marriage business completely. Not having the government protect the use of the word to churches. The word would be completely unacknowledged by the government, regardless of your sexuality. Government is in charge of unions for the purpose taxation and property rights. Marriage as a declaration of love, monogamy, religious belief, whatever, should have no place in the government lexicon.

    225. Re:Good ... by Grizzley9 · · Score: 0

      Gay citizens are no different than Baptist citizens other than Baptist weren't born Baptist. Religion is a lifestyle choice, being gay is not. My sister chose to switch from Baptist to Catholic, my sister in law didn't choose to be gay.

      Being attracted to the same sex may or may not be a choice, science has yet to prove it or find any "gay gene", but acting gay and choosing a homosexual lifestyle most certainly is a choice. Unless you are mindless robots not in control of your actions?

    226. Re:Good ... by Quila · · Score: 4, Informative

      Close, but you are still off. The Constitution grants the government rights.

      If you really want to nit-pick, the Constution doesn't grant any rights to government, only enumerates certain powers granted to it by the people.

    227. Re:Good ... by Anonymous Coward · · Score: 0

      Frankly I dont care what happens in all of this, it does not matter to me personally one bit other than I find it to be a distraction on the real issues that are affecting our country right now.

      It's not a real issue to you, because you're not interested in marrying someone of the same sex. For many people this is the most significant issue in their life, not some distraction.

    228. Re:Good ... by jimbolauski · · Score: 1

      There are natural rights, and civil rights, and political rights and social rights. Some depend on the existence of a state, or on a particular social order.

      but, I suppose that you have a particular view of things that you would like to be part of the indoctrination known as "civics class."

      I don't think you understand what rights are, if you were on a deserted island with no one else what rights would be endowed upon you if if a government suddenly annexed your island? The government giving you things is not a right, it's a service they perform for confiscating your and other people's money.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    229. Re:Good ... by Impy+the+Impiuos+Imp · · Score: 5, Insightful

      The Constitution grants the government powers, not rights. Only people have rights. Governments are created by people who grant the government certain limited, well-defined powers over those rights, powers specifically listed, and no others.

      The battle over the Bill of Rights was between two factions, one of whom feared the very act of listing some would make future politicians claim those were the only rights. The other faction feared that without it, future politicians would claim those rights, so transparently obvious to the Founding Fathers, did not actually exist.

      Sadly, both factions were correct. Modern politicians on both sides claim the right exists if it supports their goals, and claim it doesn't if it gets in the way of their power grabs or pandering.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    230. Re:Good ... by Entropius · · Score: 2

      Marriage should not give you those rights. Domestic partnership should give you those rights. (And insurance rates are not granted by government; they are set by insurers as they see fit.)

      Let me form a domestic partnership with whoever I wish, so long as we meet some reasonable standard (two or three brothers living together for years ought to qualify, for instance). That's government's business.

      Who I fall in love with and who I fuck and what I call these relationships are my business and society's business, not government's.

    231. Re:Good ... by Darinbob · · Score: 1

      However many things are granted by the government, such as whether your tax rate is affected by being married or not and what that "married" part means. So you have the right to get married but a government doesn't necessarily have to agree with that and has no obligation to provide any benefits because of it.

    232. Re:Good ... by crakbone · · Score: 1

      http://www.archives.gov/federal-register/executive-orders/2012.html As well I am pretty sure Anwar al-Awlaki, Samir Khan, and Ahmed Hijazi would say that he took away all of their rights.

    233. Re:Good ... by T.E.D. · · Score: 1

      You are right in only a very narrow literal sense.

      There is actually a big practical difference now though. Stuff not enumerated in the Constitution reverts to the states, then to the people. In other words, that stuff is only a personal "right" if no other government entity, from your state down to your homeowner's association, feels the need to regulate it. Basically, all that stuff is fair game for any piddly little tinpot government you happen to find yourself living under.

      Rights enumerated as such in the Constitution however are now (since the Civil War, basically) held to be beyond *any* government abridgement.

      In other words, if the constitution says X (say, the ability to grow grapes) is a right, then *no* government can make a law abridging that. However, if the constitution is silent on the subject of X, that just means it is the state's job to regulate X. You only have a "right" to X if no government feels like getting involved.

    234. Re:Good ... by raynet · · Score: 1

      So it shouldn't be called marriage until you have at least one child born into the union of two people?

      --
      - Raynet --> .
    235. Re:Good ... by Reverand+Dave · · Score: 1

      How about we just abolish the churches and marriage at the same time and kill two very ugly birds with the same stone? We could end the debate on the side of the law instead of superstition.

      --
      I got here through a series of tubes
    236. Re:Good ... by cfulton · · Score: 1

      Justice Anthony Kennedy, speaking for the 5-4 majority, said DOMA was unconstitutional because it violated the right to liberty and to equal protection for gay couples.

      - From the LA Times.
      It must have some bearing since it is the constitutional clause they used to justify the ruling.

      --
      No sigs in BETA. Beta SUCKS.
    237. Re:Good ... by Anonymous Coward · · Score: 0

      Holy shit, enough said? Why hasn't this been said before if this is all that had to be said? We could have avoided all this! Alert the press!

    238. Re:Good ... by dwpro · · Score: 1

      That's absurd. The people have decided long ago that there is social value to marriage and so it gets special benefits. Your whining could be likened to a corporation squalling because they don't get the same tax breaks as a non-profit. Get married if you want the same benefits --and non-benefits, so when you split up with your roommates they get half your stuff.

      --
      Millions long for immortality who do not know what to do with themselves on a rainy Sunday afternoon. -- Susan Ertz
    239. Re:Good ... by drakaan · · Score: 2

      The problem has never been with the union that legal marriage codifies, the problem has always been with a disagreement over the definition of the word. The federal government shouldn't have ever been saying that they viewed people as married. They should have been recording and notarizing their unions in order to give both parties the rights that a civil union is meant to convey.

      Unfortunately, nobody seemed to want the federal government to start talking about civil unions, so now the federal government has adopted the second of two equally incorrect (incorrect because the federal government should not be allowed to opine on things related to sexual preference between consenting adults) stances on marriage.

      In short, previously they fucked things up in one direction, and now they've done the same thing in the other direction. The federal judiciary, legislature, or executive branch saying "hey, marriage is man plus woman" is not more incorrect than them saying "hey, marriage is man plus man or man plus woman or woman plus woman". They should say "government will not define marriage in any way. we will recognize all unions of two persons previously legally defined as marriage as civil unions, which will be afforded the same rights and protections between consenting adults as what was once called marriage".

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    240. Re:Good ... by Anonymous Coward · · Score: 0

      Why doesn't this 'marriage' redefinition include polygamy, incestuous relations, and 'marriage' between humans and animals?

    241. Re:Good ... by Anonymous Coward · · Score: 0

      Tax benefits will be last on your list of problems by that time. It's not easy if you are into that equality thing we seem to treasure these days.

    242. Re:Good ... by Darinbob · · Score: 3, Insightful

      The constitution is old though. The concept of states being the same as independent nations that are just joined together into a loose federation is obsolete, and it started the process of becoming obsolete almost immediately. We've had a couple centuries and a major war that has changed it all, and now we have a strong central government. The states we have today are really not much more than administrative districts in many ways. And that is not necessarily a bad thing.

      For you programmers out there, the constitution is like a design document. That doesn't mean that the end product has to look exactly like what the design specified or that it is a moral failing if the end product has changed or that the design has changed. Even the "founding fathers" (a goofy term really) changed their minds, their idealistic views were adjusted once they were actually in power and figuring out how to govern pragmatically. The exact same people who wrote the constitution were also the ones who formed central banks. purchased the Louisiana territory, suspended liberties, and so forth. This is only a problem though if you assume that their original ideals were the only valid ones or that the constitution was divinely inspired or some other nonsense.

    243. Re:Good ... by raynet · · Score: 1

      Your workaround doesn't really work, someone can just organize a new church that allows gay marriage and then gays can also get married. Not that this is a problem for me, but it might be a problem to those who are against gay marriage :)

      --
      - Raynet --> .
    244. Re:Good ... by Hatta · · Score: 1

      So if congress passes the Patriot Act that makes the Executive's actions 'legal', you would still label the Executive as a Fuhrer for executing the laws that Congress passed?

      If those laws conflict with the Constitution, which the President is sworn to defend against internal enemies, then yes. No question about it. None of the three branches of government operate within the limits of the Constitution, which makes our government illegitimate.

      --
      Give me Classic Slashdot or give me death!
    245. Re:Good ... by Anonymous Coward · · Score: 0

      So why didn't the blacks SEPARATE from the 'racist' whites who were 'holding them down'?

      Any answers?

      Using the word 'bigot' over and over doesn't make you right. Makes you a 'useful idiot'.

      Please explain why you think YOU should decide who white people are FORCED to associate with. You are actually saying that you think the 'government' should decide who hundreds of million of white people live with - that they shouldn't be 'allowed' to simply GET AWAY from the poor, hard done by non-whites, whose lives you claim they are ruining. You idiot.

    246. Re:Good ... by EuclideanSilence · · Score: 1

      You are right in only a very narrow literal sense.

      Thank you ^_^

      I agree with you for the most part, I'd add a few things though. The 14th amendment is what you are referring to about rights being beyond any government encroachment. For a long time, the Slaughterhouse cases were the standard that SCOTUS used to interpret the 14th and decide which rights the states were not allowed to infringe upon, and that ruling was terrible.

      It was effectively that the SCOTUS could pick and choose which rights State governments had to protect based on whether it was necessary for a functioning society, in the whatever the opinion of SCOTUS was for that time.

      Recently in McDonald v Chicago (2010) they overturned the Slaughterhouse ruling and said that the States must respect all rights enumerated in the US Constitution, although by a narrow vote. In that case it was over Chicago laws infringing on the 2nd amendment.

      However, if the constitution is silent on the subject of X, that just means it is the state's job to regulate X. You only have a "right" to X if no government feels like getting involved.

      Just to nitpick and be more explicit, states only have powers if they do not conflict with federal powers *and* the state has enumerated the power in their state constitution. And I recommend that everyone reads their state constitution, you might have rights you never even knew about. For example, in my state we explicitly have the right to jury nullification.

    247. Re:Good ... by Anonymous Coward · · Score: 0

      It seems some Christian religions want a monopoly on the "marriage" word and what comes with it. However, they don't see any problem with other well established religion that also have "marriages" that do not conform with the Christian belifefs. But they do have an issue with the civil definition of marriage between same-sex people. Why's that? They should take offense at every other kind of marriage that is not theirs too.

      Wikipedia says that "monogamy based on sexual dimorphism [I'm reading man/woman here] is as old as four million years". So it seems there is prior art already :)

    248. Re:Good ... by raynet · · Score: 1

      They would need to revoke more than just tax breaks. That is one valid way to fix the situation, just remove marriage from the laws, all of them. I wonder which one would upset the community more, adding a new group to get access to already existing laws and benefits or removing them all?

      --
      - Raynet --> .
    249. Re:Good ... by raynet · · Score: 1

      If you can choose your sexuality, then why don't you try it for a week or two? This week watch straight porn and be aroused by that and then choose to be gay and watch more straight porn, it shouldn't arouse you then but gay sex should.

      --
      - Raynet --> .
    250. Re:Good ... by Jeremy+Erwin · · Score: 1

      On a deserted island, what's money?

    251. Re:Good ... by Anonymous Coward · · Score: 0

      Your language leaves a much worse impression of the author than the one you responded to. Did you reply to the correct post?

    252. Re:Good ... by Impy+the+Impiuos+Imp · · Score: 3, Interesting

      I read a book from the 1960s once that discussed this in the context of the English Parliament.

      The inability to permanently give up your freedom (as in the old question as to whether you can sell yourself into slavery) should not be interpreted as a paternalistic rule, but rather as the essence of inalienability. You simply cannot give up a right and expect government enfforcement of stripping that right.

      You could contract to a slavelike relationship, but if you violated it, it would be a civil contractual violation. Government would have no authority to gather you up and send you back.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    253. Re:Good ... by EuclideanSilence · · Score: 2

      Just because some inbred assholes think they are divine (kings and queens) does not make them better than you or give them power over you.

      And yet today we decide citizenship by what family you come from and where you are born, instead of where you live and how you live. With regards to "divine right", we haven't come as far as people like to pretend.

    254. Re:Good ... by clarkkent09 · · Score: 1

      But this is where you are wrong: the Constitution is not intended to provide decisions on every problem. The people through their representatives (ie the majority) decide on the laws, the Constitution is there to provide protection for basic individual rights against the abuse by the majority. For example, the Congress could pass a law today that children should be taken away from their parents at birth and raised somewhere else, and this would not be unconstitutional. It is just one of the many, many issues on which Constitution is silent and for those things we have to rely on the good sense of the people and their elected representatives.

      Another thing the Constitution does not protect is the right for gay marriage to be treated equally as the heterosexual marriage. The Congress or the states could pass a law today to allow gay marriage and of course that would be no problem. The problem is that they did not do that. They explicitly and with huge majority passed a law to deny benefits to gay couples and this should be allowed to stand as the will of the people, until it is changed by the will of the people. Instead, the Constitution is being willfully misinterpreted by activist judges in order to overrule the will of the people because it disagreed with their personal sense of right and wrong, which constitutes abuse of power by the judicial branch.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    255. Re:Good ... by FreshlyShornBalls · · Score: 1

      Rights are given by the government. If marriage gives you extra rights, then the government says what those are.

      Rights are given by the government? You need to take a civics class.

      Civics classes aside, the OP must have just observed what's been going on lately at local airports, for example.

      --
      This space intentionally left blank.
    256. Re:Good ... by ganjadude · · Score: 1

      and in the grand scheme of things, its still not a big deal

      --
      have you seen my sig? there are many others like it but none that are the same
    257. Re:Good ... by Anonymous Coward · · Score: 0

      Calling it something other than marriage is just maintaining two separate code bases to accomplish the same thing for no good reason.

    258. Re:Good ... by Hatta · · Score: 1

      Yes, absolutely. We have not had an administration that obeyed the law in my lifetime, and I don't think we ever will.

      --
      Give me Classic Slashdot or give me death!
    259. Re:Good ... by Anonymous Coward · · Score: 0

      No, it is in-born; heterosexual dudes don't choose girls, that's just what they're attracted to. If you had to choose girls, guess what?

    260. Re:Good ... by CrimsonAvenger · · Score: 1

      Out of curiosity (I don't live in the US), what tax advantages do you get by being married?

      Well, there's always "married filing jointly" for your standard deduction. Which is considerably larger than the "single" standard deduction.

      However, note that the tax advantages were put into place back when few wives worked, and few of those that did earned as much as their husbands. With two wage-earners with comparable incomes, the tax advantages of "married filing jointly" evaporate rather quickly.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    261. Re:Good ... by IANAAC · · Score: 1

      well yes and no. im saying strip the term "marriage" for the legal world and replace it with "civil union" for ALL gay or straight. Leave the word marriage to the churches. or other groups. in other words, make "civil union" the legal definition of marriage as far as the government is concerned. than everyone should be happy. If people still are not happy with that, that just tells me there ar eother motives behind them.

      I'd like to see it taken one step further: Drop the "power vested" in ministers and priests to perform legal marriages and leave that to the legal system and civil registries. Other countries (quite catholic countries, at that) seem to do just fine with this arrangement, so I don't see why it can't work for the US.

      If people want to have a religious ceremony commemorating their marriage, great. But it should mean nothing in the eyes of the law.

    262. Re:Good ... by CrimsonAvenger · · Score: 1

      I for one want the government out of marriage. Let the churches deal with "marriage"

      Hate to say this, "marriage" has always been a government issue. Even Martin Luther recognized that.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    263. Re:Good ... by Anonymous Coward · · Score: 0

      Here's something that philosophy majors simply fail to understand: no gives a flying cunting fuck about philosophy. It is the real world that we have to deal with and live in, and here in the real world, the government has absolute control over you including what rights you have.

      What should be is not the same as what is. Get the fuck over it and grab a gun and some canned food.

    264. Re: Good ... by rickb928 · · Score: 1

      So you think the police, or even the National Guard or the Army was instrumental in the Civil Rights Movement? Other than being the visible and tangible evidence that discrimination was unpopular and no longer acceptable?

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    265. Re:Good ... by rahvin112 · · Score: 1

      Scalia is in favor of anything he thinks is a good idea. He isn't an originalist anymore than anyone else on the supreme court is. The founders would have NEVER approved of the massive expansion in government power under the drug laws (all using the commerce clause). Scalia has never seen a drug law he doesn't approve of (with the exception of a very small number of search related issues involving homes).

      There isn't and never has been a strict original interpretation of the constitution by the court by any member in my lifetime. They all play politics and claim they aren't though there are few that are honest about their intentions. Reverence of Scalia is misplaced at best.

    266. Re:Good ... by Anonymous Coward · · Score: 0

      Rights are given by the government.

      If I remember correctly, the government is not my creator.

      But what about the test-tube-grown super soldiers created in a secret government buried deep within Yucca Mountain? Isn't the government their creator?

    267. Re:Good ... by Anonymous Coward · · Score: 1

      Let the churches use a different word like "Religious Union" and leave marrage to the state where it has lived happly since before any particular relegions added their trappings to the contract. Marrage is a means by which the law defines who can leagally claim your title, stuff, any minors you care for, and make decisions for you when you lose the capacity to do so for yourself.

    268. Re:Good ... by CrimsonAvenger · · Score: 1

      4 - Marriage becomes an institution of the Church, but at the same time as a "duly qualified" agent of the Church grants a Marriage, a Civil Union is granted as well.

      >Why would we want to be handing out this privilege to the clergy?

      Do keep in mind that today (and yesterday, for that matter), marriage requires a "marriage license" from your local government before it is legal - a ceremony in Church does absolutely NOTHING for your marital status without that piece of paper from the government.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    269. Re:Good ... by Dcnjoe60 · · Score: 1

      A thousand times NO. The word "Marriage" is NOT owned by any religious group. It was first and foremost a civil term. It was incorporated into a religious ceremony until the 1500's in Christian circles. Marriage was known in the bible but largely considered a private matter that didn't involve the church. Why should a civil union surrender to the demands of a religion that is usurping the word Marriage?

      If you want to use the argument that marriage is a civil issue that has been corrupted by religion, then you would find that even in ancient primitive societies what would be recognized as marriage was always between men and woman (sometimes one of each, sometimes one man with multiple women). So, to use that argument to bolster an argument for same sex marriage and damn the religious folk, would actually be more in line with what the religious folk are saying, whether christian or not.

      That is why it simply makes more sense to throw out marriage all together as it has too much baggage and define a modern concept to fit what we mean in the 21st century. Most of the world has seemed to gone with the term Civil Union to describe the recognition by the civil authorities of the legal relationship between two people. Of course, the US is free to do what they want and most likely won't follow what the rest of the world does, but since the US is late to the game and the other countries have already decided how to deal with the issue, maybe we could just learn from their example.

    270. Re:Good ... by cfulton · · Score: 1

      Totally agree with your argument. You are too good for me. Father and adult son. Go for it. How are they injuring you again? What is your problem with it?
      Group marriage, Rock On. Again what would be the problem with that. How are you being injured? It would be the business of the group not yours and not the states.
      Why would these things mean that marriage as an institution will end? You can continue to live and act as you will. In fact, you can continue to fear and hate people who are gay or live in a group marriage or whatever you hate and fear. Because you are free to do it in America as they should also be free to live as they wish.

      --
      No sigs in BETA. Beta SUCKS.
    271. Re:Good ... by CrimsonAvenger · · Score: 1

      Actually, the simple solution would be to strike any law that gives benefit to actually be married. In other words, you treat all relationships the same as far as estate, tax and other benefits.

      Some of those benefits of marriage were created by HIPAA. If we remove all benefits of marriage, then when your wife goes into the hospital, the doctor would be forbidden from discussing her condition with you (yeah, yeah, there are a lot of ways around that, but if you manage to overlook that particular issue a bit too long, you're basically screwed).

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    272. Re:Good ... by Anonymous Coward · · Score: 0

      I am not comfortable with religion being tied to the term marriage, maybe we change the name on the religious side since that makes ME more comfortable? Religion can now call it sacrament, that sounds more religious anyway.

    273. Re:Good ... by DNS-and-BIND · · Score: 1

      Read up, bro. "Inalienable" rights are dumb because people use them wrong, or make wrong decisions. The future is coercive paternalism, making the correct decisions for people who are too dumb to know right from wrong. The Enlightenment is on the way out. John Stuart Mill is yesterday's news. "We turn to a better approach, which is simply to save people from themselves by making certain courses of action illegal."

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    274. Re:Good ... by TheEyes · · Score: 1

      The right not to buy health insurance. The right not to buy some form of it I don't want.

      The federal government has no business being able to tell me to buy something. That is not a power that it has been granted. It does not get to exceed the powers it's been granted.

      If the states do something, or are allowed to do something, that has absolutely ZILCH to do with what is legal for the federal government.

      Thus the problem of appalling civics education in America. You have idiots running around spreading idiocy that's a direct threat to the rule of law.

      You are perfectly free to not buy health insurance, even under the new Affordable Care Act. The government, however, has the right to collect taxes to promote the general welfare, and having hospital emergency rooms that exist and are open to the public (and can't turn people away) is obviously promoting the general welfare, so the government has decided to assess a tax for people who act as deadbeats and don't buy insurance, yet still want to be part of a society where emergency rooms exist and are open to the public. If you don't want to be part of such a society, you are free to move to Somalia, where you can get the best health care you can buy.

    275. Re:Good ... by Bill_the_Engineer · · Score: 3, Informative

      Marriage has long since ceased to be a purely religious institution, and that's what this ruling is addressing.

      Technically, the concept of marriage predates religion. Religion just pretends they created it.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    276. Re:Good ... by dywolf · · Score: 1

      read the opinions first before you bash. these are highly intelligent people at the peak of their profession and these are complicated cases legally. and dissenting doesnt always mean "in opposition". sometimes judges dissent because agree with the majority, but feel they didnt go far enough, or do it for the wrong reasons. point is: read the opinions first rather than assume you know why they voted how they did.

      specifically the DOMA decision revolves around States Rights, not around gay marriage itself, and is actually a big win for States Rights supporters. people are saying it legalizes gay marriage, but it does nothing of the sort. it simply says that the federal government cant appropriate for itself the power to define marriage as it has always been something held at the state level, and the fed did not show any proper reasoning for why it should be taken away and decided at hte fed level.

      the effect is that DOMA is struck down, but the reasoning why is just as important as the result.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    277. Re:Good ... by Anonymous Coward · · Score: 0

      How about we just define the term "marriage" to be for all, gay or straight?

    278. Re:Good ... by meta-monkey · · Score: 1

      Pretty much. I just actually read the decisions and got a sinking feeling, because these decisions were not about gay rights. What we just saw was a massive executive and judicial power grab with gay rights being used as the lure.

      It's like somebody gives you a cake and you're like "Oh man, thanks dude, this cake is great!" and he says "Yeah, no problem, I just had to beat the baker with a tire iron." Wait...what?

      I'm all for gay rights. I don't think the federal government should be deciding who is and is not married. States, however, should, and I would vote for gay marriage, polygamist marriage, whatever.

      First, the DOMA decision. DOMA is unconstitutional, yes. But it should never have had its constitutionality decided by this case. What they did was they just destroyed standing. Read Scalia's dissent. He didn't dissent because he thinks gays are icky (although he does think gays are icky.).

      They never should have had the case because...the lower courts and the Executive branch attorneys involved agreed with the plaintiff! There was no argument to decide here.

      It's an end-around on the legislature and a massive power grab for the executive and judicial branches.

      Windsor's injury was cured by the judgment in her favor. And while, in ordinary circumstances, the United States is injured by a directive to pay a tax refund, this suit is far from ordinary. Whatever injury the United States has suffered will surely not be redressed by the action that it, as a litigant, asks us
      to take. The final sentence of the Solicitor General's brief on the merits reads: "For the foregoing reasons, the judgment of the court of appeals should be affirmed." Brief for United States (merits) 54 (emphasis added). That will not cure the Government's injury, but carve it into stone. One could spend many fruitless afternoons ransacking our library for any other petitioner's brief seeking an affirmance of the judgment against it.1 What the petitioner United States asks us to do in the case before us is exactly what the respondent Windsor asks us to do: not to provide relief from the judgment below but to say that that judgment was correct. And the same was true in the Court of Appeals: Neither party sought to undo the judgment for Windsor, and so that court should have dismissed the
      appeal (just as we should dismiss) for lack of jurisdiction. Since both parties agreed with the judgment of the District Court for the Southern District of New York, the suit should have ended there. The further proceedings have been a contrivance, having no object in mind except to elevate a District Court judgment that has no precedential effect in other courts, to one that has precedential effect throughout the Second Circuit, and then (in this Court) precedential effect throughout the United States.

      We have never before agreed to speak--to "say what the law is"--where there is no controversy before us. In the more than two centuries that this Court has existed as an institution, we have never suggested that we have the power to decide a question when every party agrees with both its nominal opponent and the court below on that question's answer.

      Basically, now the judicial branch (with the aid of a friendly AG) can just...make law. This time, they made a "good" one in my opinion. Next time, maybe not so lucky. The courts and a friendly executive branch can now basically write laws by asking for decisions on things for which there is no conflict.

      Watch this:

      1) Smarmy McSchemerton claims a right to be free from religion.
      2) Sues over White House Christmas Tree.
      3) President Nogoodnik says "okay I agree, you have a right to be free from religion."
      4) Gets kicked up through the court systems (with no contest...they're just looking for affirmation to the agreement) all the way to the Supremes, who can now make a ruling and decide you have a right to be free from religion. Or no right to be free from religion. Regardless, there was no legitimate conflict, no law get

      --
      We don't have a state-run media we have a media-run state.
    279. Re:Good ... by dywolf · · Score: 1

      even simpler solution: no special privilidges, rights, or benefits for anyone, married or not.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    280. Re:Good ... by Myopic · · Score: 1

      So, you want to do away with government recognition of marriage, and instead recognize something else which is almost exactly the same as marriage but uses a different word?

      Okay. Fine. Call it whatever the hell you want. I've never understood this lexicographical objection to equal rights but fine, okay, whatever, I won't let anyone use the dictionary as an excuse for inequality.

    281. Re:Good ... by DrGamez · · Score: 4, Funny

      You're going to make this whole debate a lot less fun if you keep actually looking up facts and stuff.

    282. Re:Good ... by Anonymous Coward · · Score: 0

      The solution you're proposing is the one where we call it something else in order than one group can still discriminate against the other and call it ok.

      Can't one group already discriminate against the other anyway? As far as I know, no one is forcing religions that don't agree with same-sex marriages to perform religious marriages for same-sex couples. I think what the person you're responding to is suggesting is that /everyone/, same-sex couples or different-sex couples, who wants the legal benefits of marriage gets a "civil marriage"(or civil union, whatever you want to call it). Additionally, anyone who /is/ religious can get a completely separate "religious marriage", which has no legal benefits. I don't really see how that constitutes "separate but equal", at least not any more than current religious/civil/etc ceremonies are. I have a similar view and I don't think what terms are used matters, just that the civil and religious marriages are completely separate, as opposed to now where religious officiants can sign legal marriage documents. I do think that using the same term for both meanings is confusing...I've had conversations with religious people who do think I'm trying to tell them that their religion should preform same-sex religious marriage ceremonies.

    283. Re:Good ... by Anonymous Coward · · Score: 1

      Marriage is a legal term... the religious thing is matrimony... ie... holy matrimony

    284. Re:Good ... by Fjandr · · Score: 1

      Not directly. They're required to provide the system and means to protect your rights if they have been violated, even by the government.

      In practice, that's frequently an impossible system to get to work for you if it's the government trampling on your rights. The courts and the government work so closely together that they often collude to prevent a redress of grievances against the government.

    285. Re:Good ... by triffid_98 · · Score: 1

      SNOWDDEEEEN!!!!!

    286. Re:Good ... by DJRumpy · · Score: 1

      Civil Union is a 20th century term. I challenge you to find any reference to such in the history books prior to the 20th century. It's always been called marriage and religion has no claim on the word. Religion is pretty much irrelevant to marriage here in the US. You have a Wedding in church. The state is the one who issues your marriage license. One is optional. The other is not.

    287. Re:Good ... by chihowa · · Score: 1

      The 9th (and somewhat 10th) amendment were drafted for the purpose of avoiding confusion about the enumeration of powers and rights, but it is somewhat depressing that the majority of people today believe that their only federal rights are those outlined by the Bill of Rights and subsequent amendments.

      Madison was right, but I wonder if things wouldn't be much worse now if there never was a Bill of Rights. The 9th and 10th amendments went out the window almost immediately, so at least we have the others to act as a bulwark for now.

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    288. Re:Good ... by Fjandr · · Score: 1

      Unfortunately, those who are unable to think rationally believe it is a lifestyle choice. They actually believe people choose to go through the agony of having to decide whether or not they are going to be ostracized in certain parts of the country. If you ask them why they choose to be heterosexual, well, they typically don't like to answer that in an sort of cogent fashion, if they answer at all.

    289. Re:Good ... by AliasMarlowe · · Score: 1

      You can get married at city hall without involving a church; there is no reason to involve a 'church' at all. Atheists get married all the time, and don't require the blessing of a church. You can get married by a justice of the peace or a ship's captain without ever once invoking god.

      That's the way my wife and I entered wedlock, decades ago. Officially at the state registry office with a minimum of witnesses (it was not a large office), then a social ceremony for guests conducted by a ship's officer - actually the purser of the ship, not the captain. No religions were involved in any way in either process, and remain thus in our lives and those of our children.

      The state aspect should indeed be separated from the social/religious aspect of wedlock. For the state, it involves one's status for taxes, insurance, inheritance, and so forth. Socially, it involves those whom one wishes to be present to witness the event (or just to give gifts, if that's your bent). Its religious component should be no more relevant than a baptism or bar-mitzvah or whatever - of possible importance to others sharing the same religious delusions, but irrelevant to those having other religious delusions or having a lack of religious delusions.

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    290. Re:Good ... by Anonymous Coward · · Score: 0

      I think you are misunderstanding what the pp is suggesting. I believe he means that the legal benefits currently given to marriage should /instead/ be given to "civil unions"(or whatever, some distinct term from religious marriages) and that "religious marriage"(whatever you want to call it, just something different) should only refer to religious ceremonies, which will not grant legal benefits. Priests and other religious leaders should not be able to perform a ceremony that gives legal benefits...if you want a religious ceremony you can have that but you /also/ have to get a civil ceremony if you want the legal benefits.

    291. Re:Good ... by Magius_AR · · Score: 4, Insightful

      I disagree with DOMA, and support same sex marriage, but this Supreme Court decision boggles me. "Marriage" from a civil standpoint carries various civil benefits (taxes, etc). The federal government is well within their rights to define it. It has nothing to do with "equal protection". Unless a white male can use "equal protection" to strike down affirmative action laws. Or allow felons to demand voting rights. Or declaring income taxes unconstitutional because everyone doesn't pay the same amount. "Equal protection" is being seriously misconstrued in this case. DOMA may have been shitty legislation, but it was constitutional.

    292. Re:Good ... by Anonymous Coward · · Score: 0

      That's all well, and good, but leaving the work marriage, and simply letting the second group use that same word is much simpler.

    293. Re:Good ... by Goobermunch · · Score: 1

      Tinder.

      --AC

    294. Re:Good ... by Magius_AR · · Score: 1

      From a tax perspective it's not the marriage that earns the breaks, but the children.

      Not true. They both come with tax breaks. Otherwise they wouldn't have a "married, filing jointly" tax bracket that differs from the rest.

    295. Re:Good ... by Anonymous Coward · · Score: 0

      Why do married couples get rights that single people do not have access to?

    296. Re:Good ... by Goobermunch · · Score: 1

      Unless you sign a written contract providing for arbitration, see 9 U.S.C. 1, et seq.

      --AC

    297. Re:Good ... by Anonymous Coward · · Score: 0

      Good job, here. Curious want you think of this talk: http://www2.northpointministries.org/player/player_large.jsp?occurrenceID=3870

    298. Re:Good ... by Anonymous Coward · · Score: 0

      Human rights are inalienable and universal, therefore they apply to all human beings. The government, when it treats non-citizens as a lower class having reduced rights, is acting against the constitution and the spirit of the declaration of independence. However, the government is voted in by the citizens who don't happen to care about what happens to other people as long as they get theirs, so there are no repercussions for perpetrating these crimes.

    299. Re:Good ... by danbert8 · · Score: 3, Interesting

      Except dogs can't enter into legally binding contracts. I'd say let's just jump to letting consenting adults enact whatever household contract they want to and have any government benefits be for a "household" not a "married couple".

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    300. Re:Good ... by Magius_AR · · Score: 1

      can't think of the last time I've heard of a Justice saying that he personally detests the ruling but 'this is what the law says'. They all seem to join or dissent with the ruling that they prefer and back themselves into an argument to support it, which is antithetical to the job description. Somebody please prove me wrong on that.

      How about the most recent pisspoor decision? http://www.foxnews.com/politics/2012/06/28/supreme-court-upholds-individual-mandate-obamacare-survives/

      "Roberts stressed that the decision does not speak to the merits of the law. "We do not consider whether the act embodies sound policies. That judgment is entrusted to the nation's elected leaders," he said. "

    301. Re:Good ... by BigDaveyL · · Score: 1

      Yes, that's the obvious problem, but IMHO, if you don't fill out the paperwork (wills, etc.), even if you're the the stereotypical straight couple, you're going to be SOL.

      People need to understand that they need to take personal responsibility for these sorts of things, regardless of the type of relationship they are in.

    302. Re:Good ... by Martin+Blank · · Score: 1

      Divorce was less common before the 1950s, but by no means was it unheard of. There were nearly 200,000 divorces in 1930 and a bit over 1.1 million marriages. That makes divorce fairly well-known.

      --
      You can never go home again... but I guess you can shop there.
    303. Re:Good ... by ralphaostrander · · Score: 1

      So rights should be based on who you are fucking in the ass.

    304. Re:Good ... by Magius_AR · · Score: 1

      specifically the DOMA decision revolves around States Rights, not around gay marriage itself, and is actually a big win for States Rights supporters. people are saying it legalizes gay marriage, but it does nothing of the sort. it simply says that the federal government cant appropriate for itself the power to define marriage as it has always been something held at the state level, and the fed did not show any proper reasoning for why it should be taken away and decided at hte fed level.

      All reports I've seen of the DOMA decision attribute it to the "equal protection" clause, not anything to do with the Tenth Amendment. Do you have a cite for that? Hell, I think they have a far better case under the Tenth, but that's not the case that was made.

    305. Re:Good ... by Anonymous Coward · · Score: 0

      If you happened to know something about history, you would know Hitler came to power perfectly legitimately, and when the Nazi party gained power they passed their totalitarian laws following a perfectly legal protocol. Thus, in the sense of following the rules of government, the Holocaust was legal. But that does not in any way make it "right".

      Secret courts, universal surveillance, unilateral military attacks may have been made "legal" through some byzantine process that selectively ignores the US constitution for reasons that are not known to "we the people" who are supposed to be running things here, but that does not make these things "right".

      Now, I personally think Obama is a better president than the previous guy, and certainly the democratic party is less nationalistic/militaristic than the GOP. But it's clear that the executive branch has assumed or been given too much power, and it needs to be checked.

    306. Re:Good ... by Anonymous Coward · · Score: 0

      Because presumably you are not raising a family with your roommate.
      If you are, then get married.
      The tax breaks are supposed to encourage people to raise families and to provide a stable home for children.

    307. Re:Good ... by Omestes · · Score: 1

      Human rights are inalienable and universal, therefore they apply to all human beings.

      Which is begging the question, and a bit of tautology. The question remains; where do they come from? We talk about "rights" as if they are a real thing, existing in the world, like the sky, rocks, or a toaster, but for some reason we never actually question what they are, or where they come from. This annoys me. Having a clear definition would get rid of a lot of issues and arguments.

      If bearing arms is a right, then is owning a car, equality in marriage? If bearing arms is a right, than at what level can we restrict it? Hand guns for the menally ill, felons, personal nuclear warheads and tanks? Unreasonable search and seizure; at what level do things get unreasonable, what is the test for "reasonability"? I think they are a necessary thing, obviously, but the issues with such a fuzzy concept annoy me.

      he government, when it treats non-citizens as a lower class having reduced rights, is acting against the constitution and the spirit of the declaration of independence.

      On this we agree... though I'm sure there are legal interpretations that drive things, more than our opinion.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    308. Re:Good ... by Jeremy+Erwin · · Score: 0

      That's fiat money. Real men use gold.

    309. Re:Good ... by Anonymous Coward · · Score: 0

      I don't know how this works in the US, but in Suriname most people get "married" twice.
      First they have their ceremony at the church, and then they head on over to some government office for the real marriage (i.e. civil union).
      If you don't do that last part, then you may be married as far as the church is concerned, but not as far as the government is concerned.

    310. Re:Good ... by Anonymous Coward · · Score: 0

      It is not about other motives, as an straight atheist, my big problem with this marriage vs civil union argument, is that no religion (leave alone the late to the party death cult known as Christianity) has any claim to the term marriage. Why do "churches" get to own and define a social contract, that came before them? A contract that has existed in some form in all cultures of the world, goes as far back as recorded history of human civilization!

      Further, "marriage" as defined under current US law (or as modified by DOMA) does not actually fit any religious definition well. with many religions sanctioning polygamy, some requiring the wife to be a virgin before marriage etc.

    311. Re:Good ... by danbert8 · · Score: 1

      It's ok... The SCOTUS ruled it's a tax. The government has unlimited taxation powers right?

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    312. Re:Good ... by lgw · · Score: 1

      I'm sorry, saying "the word has been used this way for 500 years" is that same as saying "the word means this". Maybe 500 years ago you could have argued that religion was usurping marriage, but today the word marriage has that religious meaning to most speakers of the language.

      I really think the most clever thing those on the religious side could do at this point is to simply abandon the term "marriage", invent a new word for the church ceremony, unrelated to any law, and impose their own rules on that.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    313. Re:Good ... by mcrbids · · Score: 1

      So, the phrase "constitutional rights" is a misnomer?

      Funny, that...

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    314. Re:Good ... by Anonymous Coward · · Score: 0

      So, you want different but equal? This group can legally join as a couple and we'll call it one thing, but this group will do the exact same thing and we'll call it something else to appease the first group?

      More like "this group (a random religious institution) can join this couple in a non-legally-binding way specific to their fan club, but this other group (the government) will do a different, legally-binding join and it'll be called something else to appease the first group."

      While I disagree with the premise of pandering to religious institutions by having the government change the word it uses, it seemed pretty clear that GP was not pushing a "separate but equal" agenda.

    315. Re:Good ... by Anonymous Coward · · Score: 0

      To quote a dumb person:

      Let's look at "well regulated" in 1700's parlance.

      Since you decided to use that as part of your argument (no you can't use it unidirectionally), let's only allow "arms" in 1700's parlance. Oh, now you want to change your story?

      That's not so hard either, yet all the scared-of-the-world, gun-rights pussies are still pissed because the can't own an M16.

      Non-idiots know that guns are NEVER needed in self-defense, and only escalate situations so that the end result is death on one side or the other.

    316. Re:Good ... by AK+Marc · · Score: 1

      than everyone should be happy.

      No, there are the anti-gay activists who won't be happy until gay is illegal again. Allowing them to "civil union" is not acceptable to them. Note the places that have introduced the name change with "gay unions" have had no better success rates than the ones calling it "gay marriage".

      If people still are not happy with that, that just tells me there are other motives behind them.

      Captain Obvious Strikes Again!

    317. Re:Good ... by Anonymous Coward · · Score: 0

      If people require that, that just tells me there are other motives behind them.

    318. Re:Good ... by Anonymous Coward · · Score: 0

      Allow me to go with a blatantly offensive example

      Your example only works if "marriage" was left on the law books. To properly fit what ganjadude is pushing for, it'd be like completely dropping the word "people" from the law books because some religious institution doesn't like the idea of blacks being considered people, and replacing all former instances of the words "person/people" with "nigger/niggers", such that under the law, that word refers to blacks and whites alike.

      The last thing we need is "God Approved Marriage" and "Union of Two Faggots" -- pretending those are somehow equal is bullshit. It also would validate bigots and assholes who say "well, we're married, and you're just a union of two faggots so we're better".

      That isn't what ganjadude is saying. He isn't saying that the union recognized by $RandomReligiousInstitution is equal to the one recognized by the state. He is saying that we should pander to the various religious institutions by calling the state-recognized union something other than marriage. And while I disagree with making the state change the word it uses, as a fag, I am perfectly content to let all those silly little clubs not recognize my union. I say let them feel superior to me for disallowing me into their silly little club. It harms me not one bit.

      Besides, as it stands today, they can already feel smugly superior. "Our marriage is recognized by G-d, yours is merely recognized by the state, so we're better".

    319. Re:Good ... by Anonymous Coward · · Score: 0

      Technically, it's 'Matrimony' in the church... but point taken and I agree with you.

    320. Re: Good ... by Anonymous Coward · · Score: 0

      how is it bullshit? under the laws of most states:

      - if a straight man loves a woman, he has the right to marry the person he loves.

      - if a gay man loves a man, he does not have the right to marry the person he loves.

      how is this not about equal rights? most states' marriage laws unfairly discriminate against homosexuals. please explain your reasoning.

    321. Re:Good ... by clarkkent09 · · Score: 1

      It's not a matter of reverence to Scalia but it is just a shame that people pick on one Justice who has been sticking for the actual meaning of the Constitution, perhaps imperfectly, while giving a free pass to the four liberal Justices who are automatic votes for every liberal cause regardless of the law. But then they do not even claim to respect the Constitution to any great extent, so at least they are not hypocritical I guess.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    322. Re:Good ... by compro01 · · Score: 1

      "Roberts stressed that the decision does not speak to the merits of the law. "We do not consider whether the act embodies sound policies. That judgment is entrusted to the nation's elected leaders," he said. "

      Yes. The Constitution does not prohibit legislatures from enacting stupid laws.

      --
      upon the advice of my lawyer, i have no sig at this time
    323. Re:Good ... by Vaphell · · Score: 1

      these vocal minorities apparently vote (which is how you get the shit done in democratic countries) which can't be said about the enlightened rest. If it's the word you are so attached to I hope you are fine with the fact that the word alone slows the progress 50% because you are wasting time over a fucking definition.

    324. Re:Good ... by dcollins117 · · Score: 1

      I don't accept a concept of a creator, deist or otherwise, so they can't spring from that.

      Unless you just popped out of thin air, your creators are your biological mother and father. However, in the context of this discussion, when talking about rights "endowed by your creator" it may help to consider them rights endowed by virtue of your existence, regardless of how you got here.

    325. Re:Good ... by yndrd1984 · · Score: 1

      Government can put you in prison effectively removing the majority of your rights.

      They could shove a cock up my ass, that still wouldn't make me gay.

    326. Re:Good ... by Anonymous Coward · · Score: 0

      Let's not save it for another time. Why do people get tax or medical breaks just because they get "married" or "civil unioned" or whatever. Why do they deserve a tax advantage that I can't get because I choose to be single?

    327. Re:Good ... by Dcnjoe60 · · Score: 1

      Civil Union is a 20th century term. I challenge you to find any reference to such in the history books prior to the 20th century. It's always been called marriage and religion has no claim on the word. Religion is pretty much irrelevant to marriage here in the US. You have a Wedding in church. The state is the one who issues your marriage license. One is optional. The other is not.

      Of course it is a 20th century term. But you are wrong on marriage and religion. While it is true that marriage existed long before religion, since the existence of the Holy Roman Empire. Europe, Africa and the western part of Asia all had the same definition, because there was not a difference between church and state, so for 1,000 year marriage has been a religous concept. Don't believe me, then read about Henry the VIII. If marriage was just a civil thing, Thomas Moore would not have lost his head.

      Whether religion is irrelevant or not to marriage in the US is besides the point. Freedom of Religion is a constitutionally protected right and infringing on that right is the same as infringing on any other right. If if one accepts that religion is irrelevant today, though, our modern society has religous concepts embeded in it, including marriage (some states have Holy Matrimony on their marriage licenses). Why can't you marry your first cousin? It's against the law. Long before they knew anything about genetics, first cousins were considered by the Catholic Church and the Holy Roman Empire to be one's brother or sister. As such, marrying your first cousin was the same as committing incest. The fact that such relationships often resulted in birth defects were proof from their god that it was wrong and punishable. In the age of enlightenment into moderntimes, we codified that religious practice into our secular laws and forbid the practice. That doesn't change it's religious roots, though.

      As for state issued marriage licenses, again check your history books. While marriage licenses began in the middle ages they were issued by the Churches. These often took the form of banns. Much later 18th century, civil govenrmetns started to issue them, mainly for property rights (Prior to the use of marriage license, it was the word of the couple that was relied upon. Of course, if the couple split up, it became his word versus her word.)

      So, to make a long story short, yes, Civil Union is a modern term. A modern term is needed to drop all of the baggage associated with the old term. Just like we all drive cars instead of horseless carriages, modern times require modern terminology.

      As for a church wedding and state marriage license, that is only partially true. If you immigrate from a country that church weddings (ie Catholic Church) are the norm, you will not have a marriage license. You will have a certificate from the church itself. That marriage is 100% legal in the US. If you were married in Hawaii or Alaska prior to them becoming a state, you are also 100% legally married. Nine states recognize common law marriage where no marriage license is required and in those states you can be married in a church and still not have a marriage license.

      But I do agree that a church wedding is a legal marriage, not because the church says it is but because the government says it is.

    328. Re:Good ... by AK+Marc · · Score: 4, Insightful

      No, they really just want the civil union. One of the biggest complaints is hospitals with "family only" ICU policies, where your mother or spouse can sit with you and hold your hand while you lay dying, but your gay partner would have to wait in the other room. The property laws do simplify things greatly. If trusts weren't nearly outlawed because they were so heavily abused for tax evasion, it wouldn't be so hard to have a joint trust and merge funds that way, but it's hard to merge finances in the way a marriage does. The tax benefits of marriage (the "tax penalty") is just a bonus, because many would still get married if they were in the penalty group, rather than benefit group.

      It's not about the money, it's about being able to make the binding commitment to the relationship, and side-stepping the rules that benefit spouses (hospital visits for one, or another is gay partners that lived together for 20+ years and got "married" illegally a number of times are still "not family" when it comes to medical decisions or inheritance, more than one will has been invalidated because a "real" family member objected to a share left to an "illegal" partner, and more than one dying person was recussitated or not against their wishes because the doctors aren't legally allowed to take into account their partner's view of their wishes, when in conflict with another family member's).

    329. Re:Good ... by Bremic · · Score: 1

      Considering marriage was around long before The Bible in it's current form, and that marriage exists within many different religions; I could go for this if people who were married outside the church could call themselves "married" and inside the church had to use the term "joined under God".

    330. Re:Good ... by Dcnjoe60 · · Score: 1

      This is probably the most incoherent argument I've read today. There is literally no combination of sentences that forms a cogent line of reasoning.

      I appreciate you're angry at the decision for some reason, but perhaps you need to calm down and rewrite what your thoughts are once it's a little easier for you to write rationally.

      I'm not angry at the decision. I'm pointing out the incositancy of the Anonymous Coward in comparing Scalia to the Taliban because he disented. His actuall reason for disenting was that he felt that the SCOTUS lacked authority under the constitution to issue a ruling. The entire court agreed with him on the Prop 8 ruling, but for some reason that doesn't lead one to be accused of being a Taliban.

      The AC hid his identity from slashdot and compared anybody who disagreed with the findings to the Taliban. Personally, I find that offensive. Maybe that is what you mistook for anger.

    331. Re:Good ... by Anonymous Coward · · Score: 0

      It's very easy to find a person of religious persuasion that will tell you that marriage is defined by God.

      That's a large part of why we are in this mess.

      Agreed.

      If the government deals only with civil unions then the entire religious war issue is removed.

      Disagree. After all, "a rose by any other name...".

      Trust me, religious nutters would still be up in arms, because for them, the problem isn't that gays have something that is called marriage, the problem is they dislike the idea of gays being what it means to be married.

      Though they do seem to be ok with word substitution in other places, "oh my gosh" instead of "oh my god" just to name one example. So maybe you do have a point.

    332. Re:Good ... by Anonymous Coward · · Score: 0

      This is already how it's done in many countries, except a church marriage doesn't necesarily also grant a state marriage. I know in Peru, you get married twice - once for the church and once for the government.

    333. Re:Good ... by yndrd1984 · · Score: 1

      However, in reality, "rights" stem from social consensus...

      That's not reality, that's one particular theory about what rights are, and that is explicitly not the theory of rights (officially) used by the US government.

      Any right that the government does not actively defend is moot.

      You're mixing up moral and legal theory. Even if it was legal to kill someone, it could still be immoral. Likewise, just because the government could kill you doesn't mean that you don't have a moral right to life.

      If you wish for "small government" you also wish for weak protection of your rights.

      You're confusing two different kinds of "weak" - few people want an ineffective government, however many want one that's strong, but only within clear, specific limits.

      distinction between "state government" and "federal government" ... is just an arbitrary separation of duties which is not particularly good or appropriate.

      Every government has arbitrary details, from jurisdictional borders to the number of members in various bodies. And since every large government has some kind of geographic subdivision, why are states inappropriate?

    334. Re:Good ... by AK+Marc · · Score: 1
      A Will that leaves 100% to your partner and none to your children from a previous marriage would likely be struck down, unless your current partner was married to you, in which case a will isn't even necessary. You'd need to own nothing to be able to emulate marriage level of finance. Set up a joint trust with rights of survivorship, and all joint money goes into and out of that trust. That messes with credit ratings, and sets of IRS red flags, so expect frequent audits, problems at the bank, and other issues.

      3) you want your "partner" to be able to make medical decisions for you and visit you in the hospital, then give them medical power of attorney. 4) you want your "partner" to make legal decisions for you, then give them durable power of attorney.

      That's fine, but you still won't be allowed in to the "family only" sections of the ICU to visit them, even if necessary for making the best choice about their care. That, and I found a reference to 1138 "rights" with marriage, and your list was 4. What about SS paying out spousal benefits to gay partners? How about if you are a US citizen, but your gay partner is not, and you want to bring them in on a spousal visa?

      I think you missed a few, 1134, if the number I saw was right. http://en.wikipedia.org/wiki/Rights_and_responsibilities_of_marriages_in_the_United_States that has an abbreviated list that's longer than yours.

    335. Re:Good ... by Anonymous Coward · · Score: 0

      If marriage only affected religious aspects of your life, it would be one thing. But it affects taxes, property rights, and all sorts of things which have nothing whatsoever to do with a church.

      You missed the point completely.

      Marriage should not be a legal institution at all. The government has no business issuing licenses for personal relationships.

      If people want to enter into private civil contracts (such as trusts), then let them. Nothing more is needed.

      Your answer reflects a common problem: the government has been doing something inappropriate for our entire lives, and many people have lost the ability to see that it's inappropriate because they don't know anything different.

      It's what I call the "daylight saving time" effect. We do things a certain way because we've always done them that way, not because they make sense.

    336. Re:Good ... by AK+Marc · · Score: 1

      It also does "grant" rights. Without the government set up to define and protect ownership, you'd have no "right" to own things. You have a right to own land that is granted by the government.

    337. Re:Good ... by Bremic · · Score: 1

      The thing I feel is that people who consider marriage to be purely something based on The Bible and therefore no part of government should be completely and utterly prohibited from getting divorced - just as their scripture dictates should be the case.

      It's the concept that they want to tout marriage as something sacred, then ignore their most sacred text with regards to everything related to marriage that makes me feel they have completely lost the right to be involved in this argument. They don't consider marriage to be sanctified, or else they wouldn't ignore The Bible as often as they do. It's childish behavior, throwing tantrums over something because they don't want to share.

    338. Re:Good ... by Anonymous Coward · · Score: 1

      The Declaration is not law. When push comes to shove, the law is all that matters. Not only that, if you think you have the right to do whatever you want, since most of what people think they want to do is granted by god, you go ahead and try to exercise that and see who ends up dead. Your power to do anything is indeed granted by the goverment no matter what your "theories" or civics classes taught you. I cite the actions that will result should you decide to exercise your free speech and 2nd amendment by walking into the Whitehouse (cause you're free to travel right?) packing heat so you can tell them congress people what you really think. You can post your results here while you are using the community computer in the lounge of your prison block, if you make it that far. Maybe you can even ask god to go ahead and set you free since he created you and your rights. I don't think you'll get an answer though. OH and invoking the dead is a really low move. It did nothing to appeal to anyone's heart on here. Did you forget what site you were on?

    339. Re:Good ... by yndrd1984 · · Score: 1

      Non-idiots know that guns are NEVER needed in self-defense

      Wow! I've never even touched a gun, and I'm still calling this the biggest "citation-needed" ever.

    340. Re:Good ... by ubermiester · · Score: 1

      Drop the fucking label and the resistance drops

      Clearly you are missing the point. The only reason the term "civil union" exists is to allow cowardly politicians to say "marriage is sacred, so let's call it something different for certain people so I can say I was 'practical' about the whole thing and wont get thrown out on my ass". But really the only difference between civil unions and marriage is who is allowed to engage in each. Therefore, the word is not the problem - it is the "separate but equal" nature of this arrangement that was challenged. Go ask someone who was forced to drink from separate water fountains whether such things are important enough to fight over. I mean the water's the same, right?

      And do you honestly believe that religious conservatives are fighting this in federal courts (backed by most of the House) because they dont like the word "marriage" being applied to same-sex "civil unions" and would agree to let the government remove the word marriage from the books entirely? Nonsense. They are fighting this because they dont want same-sex marriages to occur at all. The argument over what same-sex marriage is called is simply a canard designed to make them look "reasonable". Don't buy the bullshit.

    341. Re:Good ... by AK+Marc · · Score: 1

      You must be a liberal revisionist. Every time I see someone talk about the right to privacy, someone indicates that it's not enumerated, so it isn't a right. This group overlaps greatly with the "strict" interpretationists. So "strict interpretation" means "ignores what I don't like", same as all the other revisionists. At least in practice.

    342. Re:Good ... by Anonymous Coward · · Score: 0

      Instead of staying inside and reading all day, bro, how about you go outside into the real world and attempt to exercise your freedom to travel, speak, and bear arms by rolling up into the Whitehouse to have a talk with those congress people. You'll see just how quickly your rights get taken away, in this case even your "right" to live. Theory doesn't mean dick out here in the real world.

    343. Re:Good ... by AK+Marc · · Score: 1

      Scalia is in favor of originalist interpretation of the Constitution and he's been pretty consistent about that.

      So what does he think the 9th and 10th Amendments mean? Or does he ignore those because they are inconvenient, making him no better than the most liberal revisionist (unless you like his personal revisionism, and thus declare him "better")?

    344. Re:Good ... by Anonymous Coward · · Score: 0

      I've never understood why polygamy was illegal.

      From a public policy point of view, it's a bad idea because it tends to reduce the number of available women (one husband, several wives - you don't see one wife, several husbands very often), this results in large numbers of men unable to find a wife, and unhappy about it. This is bad from a civil unrest standpoint.

      You see it in some cults which still practice a form of polygamy - boys get to about 16-18 years old, and get pushed out, because they would otherwise compete for the women of their own age group, who the few remaining men in the group above have got their eyes on.

      If you have a society where there's a serious gender-imbalance (eg, a large part of the male population is lost fighting wars), polygamy is a more attractive option.

    345. Re:Good ... by ubermiester · · Score: 4, Interesting

      You realize that the main decision involved a law called "The Defense of Marriage Act" which disallowed same-sex "civil unions" from receiving the same benefits as "traditional" marriage, right? This was not about the word "marriage" or who gets to decide what it means. This was about exactly the benefits you are talking about. Social conservatives may be crazy but they are not dumb. They know that marriage as it relates to the government is inextricably tied to the benefits it grants, and that halting the very kind of legal recognition you outline is far more important to their goal of demonizing and marginalizing same-sex relationships than the word chosen to define these benefits. Your "simple workaround" implies that the fight to decide exactly who gets the benefits of civil unions/marriage has nothing to do with bigotry. I am sorry to say that such notions are woefully naive.

    346. Re:Good ... by DJRumpy · · Score: 1

      What page in the bible can I find this traditional definition of marriage? Is that the one where they sell the daughter for a goat and some gold, or the one where they marry her to her husbands brother, or the one where she's one of 20 wives. I can never tell.

      With few local exceptions, until 1545, Catholic marriages in Europe were by mutual consent, declaration of intention to marry and upon the subsequent physical union of the parties.[14][15] The couple would promise verbally to each other that they would be married to each other; the presence of a priest or witnesses was not required.

      [ Ref - http://en.wikipedia.org/wiki/Marriage_(Catholic_Church) ]

      (14)^ a b upenn.edu Excerpt from Marriage, Sex, and Civic Culture in Late Medieval London "the sacramental bond of marriage could be made only through the freely given consent of both parties"
      (15)^ "marriage.about.com" . marriage.about.com. 2010-06-16. Retrieved 2010-08-27.

      I'm not sure why you think marriage tradition in ancient Asian cultures is significant to Judeo Christian origins of marriage here in the U.S. The two religions have no common root other than 'religion'. Many parts of the world have no religion, and such are performed by the local leader. Religion in Europe however, IS relevant, and even there, the Church largely considered marriage a private civil matter and one that they didn't involve themselves in until the 1500's.

    347. Re:Good ... by Anonymous Coward · · Score: 0

      "Whether religion is irrelevant or not to marriage in the US is besides the point. "

      Isn't that the entire topic of the thread?

    348. Re:Good ... by Anonymous Coward · · Score: 0

      As long as they can take their two or three vacations a year, drive a nice car, get their facebook and watch their favorite sports teams , then who cares.(sic)

      People's possessions in reality possess them in a prison of the fruits of their own labors. They do not wish to lose that and so they behave unto the death of those liberties that allowed the to acquire the toys that built said prison. The tyrants understand this. The People do not.

      Another fine opinion from The Fucking Psychopath®.

    349. Re:Good ... by Anonymous Coward · · Score: 0

      Straight and/or gay men have been able to marry straight and/or gay women legally since before recorded history. The SCOTUS has just said that the Federal government should think the definition of marriage is no longer what it has meant for millennia (man+woman). The same-sex pairing as a marriage is what is new, not the sexuality of the individuals.

    350. Re:Good ... by Anonymous Coward · · Score: 0

      ?GODWIN ERROR IN LINE 69
      READY.
      [ ]

      10 REM Another fine opinion from The Fucking Psychopath®.

    351. Re:Good ... by Omestes · · Score: 1

      However, in the context of this discussion, when talking about rights "endowed by your creator" it may help to consider them rights endowed by virtue of your existence, regardless of how you got here.

      Not to sound like a broken record; but this still doesn't answer anything.

      Mind you, I'm not arguing against rights, or for taking them away. I just think there the concept needs a sound basis before we really can take them for granted, and drop them nonchalantly in conversation as if they are a thing in the world (like a toaster).

      I don't have a God, therefore they didn't come from him.
      The universe doesn't give a crap, therefore not from that.
      Evolution is impersonal and mindless, therefore not from that either.
      We are not terribly special, so we don't have an intrinsic aura of "rights" that is unique to us.
      Animals, for the most part, don't have them, so it isn't something magical floating about life.
      Humans are animals, so... what gives us them but not dolphins.
      Etc...

      Further, the whole idea of them being universal is very new, so the idea itself isn't immalleable, so they can't be truly universal. Hell, we can't even "enumerate" them, so we can't even say what they are. We can't even agree on the ones that have some acceptance (arms, property, health, marriage, life-or-abortion)...

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    352. Re:Good ... by Rakarra · · Score: 1

      The constitution is old though. The concept of states being the same as independent nations that are just joined together into a loose federation is obsolete, and it started the process of becoming obsolete almost immediately

      Well, it was obsolete before the US Constitution was drafted. That was the major feature of the Articles of Confederation, but because the resulting alliance ended up not being strong enough, they decided a re-do.

    353. Re:Good ... by hairyfeet · · Score: 1

      Nice to see I'm not the only one who feels that way, i don't think the government should be basing taxes on what goes on in your private life.

      Time and time again we have seen when the government tries its hand at social engineering it leads to disaster, just look at welfare. Welfare penalizes you if you are married so more and more women end up single mothers. . It shouldn't matter what their skin tone or sex is, it should strictly based on a percentage of income and be done with it.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    354. Re:Good ... by Anonymous Coward · · Score: 0

      For example, you actually do have a federal "right to fly", "right to drive", "right to marry whoever you want" simply by the fact that the constitution does not grant these powers to the general government.

      I may have a right to fly through solid steel, and a right to marry whomever I want, but if there are logical inconsistencies per the definitions (flying assumes travel through a gas, not a solid; marriage assumes male-female pairs), then those rights are nonsensical.

    355. Re:Good ... by FictionPimp · · Score: 1

      If it's worth doing, it's worth doing right.

      Honestly, I could give it a shit about gay marriage. I'm more excited that this ruling enforces that these things are really a states rights issue. This is a nice win for the states.

    356. Re:Good ... by bill_mcgonigle · · Score: 1

      it is absurd to say that the framers of the Constitution intended the equal protection clause to mean equal protection for every form of marriage

      IIRC, in 1789 only MA had any sort of marriage licensing. They were mostly implemented in the 19th century to keep the 'negros' from 'spoiling' the white girls.

      Certainly the framers would not have considered marriage a topic that the general government would ever consider, if anything so foolish it would be left to the States. Madison was very clear about the scope of the enumerated powers in the Federalist papers. Sadly, those are not binding and their need should have given the day to the Antifederalists.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    357. Re:Good ... by bill_mcgonigle · · Score: 1

      I give you that one, though I think it's a special case because Roberts fooled the Court into committing an intentional error (an unenumerated tax type). Politics in the Courts is just another symptom, though not a new one, at least since '39.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    358. Re: Good ... by Rockoon · · Score: 1

      how is it bullshit?

      Do you think that homosexuals want to get married because of their devotion to the institution of marriage, or do you think that they want to get married so that they get special rights that single people dont have?

      Hint: its the later, not the former.

      Its special rights that by default people do not have that they are after. Thats not equality.. thats the fucking opposite of equality.

      --
      "His name was James Damore."
    359. Re:Good ... by bill_mcgonigle · · Score: 1

      It's not too hard, really. The framers were very clear that Congress's power was limited to enumerated powers.

      What for instance did the framers think of stem cell research

      Not covered. States' problem.

      commerce on the internet

      No taxes for interstate trade. This was among the primary reasons the Articles of Confederation were discarded.

      software patents

      Patents are Congress's legitimate purview.

      genetically modified food

      State problem.

      corporate political speech

      There were no corporations in the US until after the Civil War (JD Rockefeller bought Congress for the sake of Standard Oil).

      Will Scalia simply say that he can make no decision on these sorts of things. No, he will make a call, and that call will back his political agenda.

      Right. If here were an originalist he would say that the law is unconstitutional because it's not among Congress's enumerated powers. It would lighten his workload quite a bit, really.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    360. Re:Good ... by Rakarra · · Score: 1

      Rights are given and taken. They do not somehow "exist" naturally -- all 'rights' are a restriction upon behavior. These restrictions are imposed by those with the power to do so.

    361. Re:Good ... by VortexCortex · · Score: 1

      It has nothing to do with "equal protection". Unless a white male can use "equal protection" to strike down affirmative action laws.

      Consider that the affirmative action laws are only serving to provide "equal protection" so long as minorities remain minorities. In a climate where the majority has become the minority, affirmative action laws should be struck down by white males. Realize the truth: Truly Equal Opportunity will yield Proportional Representation -- Same percent taking the opportunity at the bottom = Same percent represented at the top. Demanding equal representation without equal participation is oppressive, and laws that support such are unnecessary and oppressive.

      TL;DR: Once the oppression is removed, Affirmative Action becomes oppressive.

    362. Re: Good ... by Anonymous Coward · · Score: 0

      A straight man and a woman can have kids, uh, naturally; whereas two homosexual men (or women for that matter) can't, without help.

    363. Re:Good ... by kqs · · Score: 1

      I agree with this.

      And of course, when a gay couple is joined by one of the many religious institutions (some christian, some not) who will happily perform marriages on any of God's children who love their partner, they will be "married" the exact same as the straight people who are married. Anyone who is not happy with that, that just tells me there are other motives involved.

    364. Re:Good ... by Rakarra · · Score: 1

      Group marriage, Rock On. Again what would be the problem with that. How are you being injured? It would be the business of the group not yours and not the states.

      I'm not so wild about this just because it seems like every issue would be incredibly legally murky. Tax law, inheritance, property law. I'm not sure how to settle disputes there.

    365. Re:Good ... by Rakarra · · Score: 1

      We are saying they can't call themselves married and make the rest of us pay for it.

      Hey I'm not fond of the notion of helping pay for "Octomom" either, but I hold my nose and do it.

    366. Re:Good ... by Sabriel · · Score: 4, Interesting

      Hmm. Why shouldn't felons have voting rights? If you're putting so many people behind bars that their (in)ability to exercise their political preferences at the polling booth could change the outcome, politics are already involved, and if you're not, then such denial is meaningless and arbitrary and thus a sign of bad legislation (or unhealthy ambitions).

    367. Re: Good ... by alfredo · · Score: 1

      Unless it can be proven that gays are not really American citizen, then they should enjoy the same rights as anyone else.

      --
      photosMy Photostream
    368. Re: Good ... by alfredo · · Score: 1

      Do you have any gay friends or family members? If you do, ask them if they chose to be gay. Those telling you it is a lifestyle or lifestyle choice are deceiving you.

      --
      photosMy Photostream
    369. Re:Good ... by Qzukk · · Score: 1

      If here were an originalist he would say that the law is unconstitutional because it's not among Congress's enumerated powers. It would lighten his workload quite a bit, really

      The problem here is that using the courts to decide constitutionality of law is actually a bone-headed fucked up way of doing it, because you're not allowed to make use of the courts except in specific instances, and the government has decided that suing the government for unconstitutional laws is not one of them.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    370. Re:Good ... by dryeo · · Score: 2

      The American colonists were also Englishmen. The first time a King tried that divine shit, the English took him out back and chopped of his head. When his grandson tried the same shit a hundred years before the American Constitution they were more civilized, waited till he left town and declared he'd quit and invited someone from a democratic background and his wife to take over if they agreed to a Bill of Rights (Bill of Rights of 1689)
      The American Founding Fathers were pissed that the King tried to say that everyone was equal, even the American Indian (Royal Proclamation of 1763 IIRC) and even the worst, the English courts were granting habeus corpus to black slaves. As the American Founding Fathers believed that only some people had rights and others were for buying and owning, they didn't like the idea that everyone had Rights, just the chosen.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    371. Re:Good ... by dryeo · · Score: 1

      "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

      Don't forget what your Founding Fathers practiced, owning other men including removing their rights, stealing other peoples land and such.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    372. Re:Good ... by stymy · · Score: 1

      How is something inalienable when it can be taken away?

    373. Re:Good ... by cryptizard · · Score: 1

      Pretty sure their argument was that it harmed a group of people out of spite and did not benefit anyone. They were saying essentially that you can't make a law punishing a minority for no reason.

    374. Re: Good ... by jxander · · Score: 3, Insightful

      Bingo

      An analogy I like to use is with our well known Miranda rights. Being told "you have the right to remain silent," isn't what grants me those rights. As a citizen of the US, I have those rights by default. A cop doesn't give those rights, he simply makes sure I know about them.

      Likewise, neither the Constitution, the Declaration of Independance, nor any other document GRANT the unalienable rights of all men. They simply let us know that as a living, breathing human being, these are the rights we have.

      --
      This signature is false.
    375. Re:Good ... by Anonymous Coward · · Score: 0

      You're whining about the name.. it's like saying "hacker" means a person that likes technology. Doesn't matter if you're right since the whole world disagrees with you.

    376. Re:Good ... by adamstew · · Score: 4, Interesting

      Except if you actually analyze what the tax brackets are, it's not really a tax break. And in a lot of cases it's a tax PENALTY.

      Let's do a couple basic examples:

      Couple 1: Wife earns $40,000 a year. Husband earns $40,000 a year. If they weren't married and had to file separately, they would each pay $5,928.75 in taxes on their individually filed tax returns. This is a total of $11,857.50. If they were married, their $80,000 of joint income would yield a total tax of $11,857.50 for their jointly filed tax return.

      Couple 2: Wife earns nothing, stay at home spouse. Husband earns $80,000 a year. If they weren't married and had to file separately, the wife would pay $0 in taxes. The husband would pay $15,928.75 in taxes. This is a total of $15,928.75 in taxes. If they were married, their $80,000 of joint income would yield a total tax of $11,857.50 for their jointly filed tax return.

      Couple 3: Husband works a part time job to help out around the house, earns $25,000 a year. Wife earns $55,000 a year. If they weren't married and had to file separately, the wife would pay $9,678.75 in taxes. The husband would pay $3,303.75 in taxes. This is a total of $12,982.50 in taxes. If they were married, their $80,000 of joint income would yield a total tax of $11,857.50 for their jointly filed tax return.

      Couple 4: Wife and husband both earn $450,000 a year... They're both CEOs! If they weren't married and had to file separately, they would each pay $125,268.50 in taxes on their individually filed tax returns. This is a total of $250,537.00. If they were married, their $900,000 of joint income would yield a total tax of $265,268.50.

      (Source, US tax brackets for 2013 on earned income, and some basic excel skills)

      So let's analyze...

      Couple 1, it makes absolutely no difference whether they are married are not. They will each pay the same tax no matter what.
      Couple 2, They clearly get a benefit in their taxes from filing jointly. However, they are earning the same amount of money as couple 1 and paying the same amount in taxes as couple 1, IF they are married. They would pay MORE if they weren't married.
      Couple 3, Pretty much the same as couple 2, however, the benefit to filing jointly isn't as great.
      Couple 4, They actually get a tax PENALTY because they are married. If they weren't married, they would pay a combined tax of $250,537. But by getting married, they pay a combined tax of $265.268.50. It's almost a $15,000 penalty!

      The above examples do assume there are no deductions and other such tax tricks that would lower your overall taxable income.

      The basic idea behind filing jointly when you're married is that you are able to pool your tax brackets. In general, it will make zero difference if you are both earning relatively equal pay. However, if one person is earning significantly more (or is earning ALL of the income), then you can divide all of the income you earn equally between both of your two tax brackets. The idea being is that it's not the husband's money or the wife's money... it's BOTH of their money, regardless of who actually earned it.

      That logic does break down when you start to get in to the higher tax brackets. If you earn gobs of money each year, then you can actually pay higher taxes by getting married.

    377. Re:Good ... by Anonymous Coward · · Score: 0

      let's only allow "arms" in 1700's parlance
      That's one thine you're right on. Arms are a constantly evolving thing. The day the military issues 40 watt phased plasma rifles, the 2A will likewise protect those.

      Non-idiots know that guns are NEVER needed in self-defense, and only escalate situations so that the end result is death on one side or the other.

      You say this despite the fact that most self-defense instances involving a firearm in the hand of the defender end with the attacker running the fuck away, even the attacker has a gun. Criminals are pussies, more often than not they don't want any part of a shootout.

      On the other hand, when the bad guy is the only one with the gun, your life is forfeit into the hands of an unknown, anti-social scumbag. Will he just rob you of hard earned money and let you live? Rape your wife and daughter and kill you all after you get to helplessly watch? Execute you in the kitchen of your fast food restaurant, even after you've capitulated and gave him all of the cash out of the registers? Yeah, those things happen in real life, every year.

      And you know, if your thesis plays out and someone has to die because the situation escalates since I carry a firearm, I'm going to do my damnedest to make sure it's the other guy. To those ends, I've bought and passed some of the best training that a civilian can obtain, I keep that proficiency up with regular practice, I carry the best and most reliable defensive firearms, and the best defensive ammo to carry in said firearms. I'll never willingly walk into a situation where it has to be used, but woe onto the idiot who doesn't ambush me, for the remainder of his day will be much worse than mine.

    378. Re:Good ... by ganjadude · · Score: 1

      so we either pander to the churches or the homosexuals, either way we are pandering to someone

      --
      have you seen my sig? there are many others like it but none that are the same
    379. Re:Good ... by ganjadude · · Score: 1

      you ignore that there will be gay people who will aslo be against this because it isnt the word "married" There are people on both sides who are fucking retarded

      --
      have you seen my sig? there are many others like it but none that are the same
    380. Re:Good ... by fafalone · · Score: 1

      This is the same Scalia who believes the federal government has the authority to arrest and jail you for a plant grown in your own home for your own consumption and never transferred to anyone else. He's just as selective as anyone else about what the original meaning is. You'll never convince me the founding fathers intended the commerce clause to be interpreted the way Scalia did in that case (Gonzales v. Raich).

    381. Re:Good ... by Anonymous Coward · · Score: 0

      Property management, but not women as property. Marriage exists even in matriarchal societies. It also predates anything that you are calling "the church" in your statement above.

    382. Re:Good ... by Anonymous Coward · · Score: 0

      Believing one group should be able to dictate the rights of another group makes you no better than the Taliban.

      And this is why circumcision should be banned. Why should doctors/parents be allowed to permanently remove part of another person's body?

    383. Re: Good ... by adamstew · · Score: 1

      How about a man who is marrying a woman who is infertile? They can't have kids, without help.
      How about a senior man and woman? They can't have kids, and probably don't want them anyway.
      What if the husband has a very unfortunate run in with a weed wacker and is no longer able to produce offspring?
      Perhaps a perfectly fertile husband and wife decide that kids aren't for them?

      All of these situations, the couple is unable, or unwilling, to have children naturally... and yet their marriages were recognized under DOMA.

      Would your requirement than a marriage be only valid when the couple is able to naturally produce offspring cause any marriage between a couple where the wife started menopause to be annulled?

      Having children, while often times is one of the results of marriage, is not a requirement of marriage.

    384. Re:Good ... by sumdumass · · Score: 1

      It will still be fun as his facts don't say what he thinks they say. Or at least they do not validate the GP

    385. Re:Good ... by sumdumass · · Score: 1

      I'm not sure you understand the meaning of EQUAL. It doesn't matter what the motivation is, if one has an advantage the other does not, they are not EQUAL.

    386. Re:Good ... by sumdumass · · Score: 1

      Wrong.. You are confusing the ability to keep your possessions with the right to have them. The American Indians certainly had a right to own the lands we purchased from them and the lands we took from them. Titles or deeds for land are only a way to identify a lawful owner in order for you to keep it should a dispute arise.

    387. Re:Good ... by metrix007 · · Score: 2

      I think you've missed the point of the constitution and the revolution. Whether ot not rights are inalienable or not is not what the war was over.

      For what it's worth, it's ridiculous to say that rights exist without government. Rights need to be enforced and you need an enforcing body. Without an enforcing body, you have no rights.

      --
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    388. Re:Good ... by Pfhorrest · · Score: 1

      It doesn't take them away, it violates them.

      To say someone has a right is to say that they deserve something, not that they get it. If they deserve it but don't get it, their right hasn't been taken away -- as they still deserve whatever they have the right to -- but it has been violated.

      --
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    389. Re:Good ... by sumdumass · · Score: 2

      Here is the problem. The constitution has built within itself a way to change it. There are two ways to change it, it is designed to be changed as needed if needed. There have only been two changes that could have been unconstitutional to make and the time limits on them have long expired.

      So if you truly believe the constitution is out dated, then change it, not ignore it. As a document, it is the only thing keeping the government in check even though it tends to want to ignore it or creativly construe it. This entire ignoring parts you disagree with means they will ignore parts you likely agree with. Massive data collections of the population and watching all your electronic and telephone communications is probably one of them. The very same argument you made about it being old and outdated can be made about the first amendment, about the 4th and 5th amendments or anything else in it.

      It is a moral failing if we change the constitution without going through the process of changing the constitution. The country will always be divided when this happens.

    390. Re:Good ... by sumdumass · · Score: 1

      You don't think I can violate your rights?

      How is something inalienable when it can be violated. A violation of inalienable rights does not make it alienable, It makes it a violation of your rights.

    391. Re:Good ... by sumdumass · · Score: 1

      No, its simply incomplete. The phrase is "constitutionally protected rights" and due to laziness or other reasons, has been shortened.

    392. Re:Good ... by sumdumass · · Score: 1

      God isn't dead, he's supernatural.

      But you are right, dieing on the cross and coming back to life does mean he doesn't give a shit about a lot of things- as long as you except Jesus as your savior. But even Jesus said something about giving to Cesar what is Cesar's.

    393. Re:Good ... by TranquilVoid · · Score: 1

      You've hit the nail on the head, and the head is asking the question Why does the government confer special rights to married couples?. The answer is that it's part of the job of running society to encourage families and children. It sounds trite but families really are the building blocks of society and its continued existence.

      Homosexual couples 'cannot' produce children which is why they traditionally haven't been part of the definition of marriage. Of course it's not that simple as they can involve other people to do so, plus many heterosexual couples don't have children, and of course polygamy can produce volumes of children.

      In your particular case, you and your roommates are very unlikely to create a family or combine finances in the same way a romantic couple would so it makes no sense to give you benefits that are designed to encourage families and offset the burden for those doing so (typically lost income and additional costs in some areas).

    394. Re:Good ... by Uberbah · · Score: 1

      Scalia is in favor of originalist interpretation of the Constitution and he's been pretty consistent about that.

      That ship sailed a long time ago.

      Scalia isn't an origionalist, he's a hack that makes up his mind before hearings even begin, and then proceeds to find a justification for his pre-made decisions. Over and over again.

    395. Re:Good ... by tbannist · · Score: 1

      Unfortunately, nobody seemed to want the federal government to start talking about civil unions, so now the federal government has adopted the second of two equally incorrect (incorrect because the federal government should not be allowed to opine on things related to sexual preference between consenting adults) stances on marriage.

      Wouldn't the proper thing be for the Federal Government to simply recognize the marriages authorized by the states?

      --
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    396. Re:Good ... by tbannist · · Score: 1

      If the government deals only with civil unions then the entire religious war issue is removed.

      Until religious people start claiming that civil unions are defined by God? Then what?

      --
      Fanatically anti-fanatical
    397. Re:Good ... by drakaan · · Score: 1

      Depends on whether you think there is a right for adults to enter into a union generally, I suppose.

      If we keep the word "marriage" in the mix, then you have the federal government ruling by proxy. If it's only about the legality of a contract, then plenty of things sole their stigma and at the same time become disassociated from the word.

      If I can form a corporation with my wife or share ownership of a company with two highschool friends, why can I not enter into another type of contract with them that conveys the same benefits as marriage? Weddings are ceremonial and about love and feelings. That has nothing to do with the government. Unions are contracts and they allow partners that enter into them to do things on each others' behalf.

      Why do we get "stuck on stupid" trying to make those two different ideas part of one thing?

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    398. Re:Good ... by BonThomme · · Score: 1

      you'll find that the majority of Gods didn't die on the cross.

    399. Re:Good ... by tbannist · · Score: 1

      Just like Communism and Libertarianism work until you add people, I don't think your simple workaround has a chance in hell of working once it's actually exposed to irrational people. Here's the thing I realized nearly a decade ago, no lesbian bridezilla is ever going to be content with a civil union. Her childhood fantasies are about the perfect wedding, not a "civil union". And if you try to tell her she's not allowed to have her marriage, she will gut you like a fish before you can get the words "civil union" out of your mouth.

      The emotional attachment is to the word marriage. Changing the name won't satisfy anyone who's already up in arms about not being allowed to marry (they'll just see it as continued discrimination). Worse, your plan will upset a lot heterosexual formerly married couples, and would give the populists something really big to rant about. They'd be all over the blogosphere, the TV, the radio and the newspaper screaming mad over how you (personally) stole the marriages of millions of decent Americans. You could become the most hated man in America.

      Additionally step 4 is counter-productive. Religious ceremonies should have no impact on the state. Instead during or after the ceremony the couple signs the paperwork for their civil union and it gets sent to city hall for registration. Which, I think, is exactly what happens now.

      So what you've done is incurred great cost in changing the words used, pissed off a lot of people who are going to vote to rescind your changes and you've accomplished nothing at all other than creating a lot of very angry people who hate you (specifically) and you've guaranteed that your political party won't be elected again for a generation. Is it really worth all that to try and appease a group who, if you plan actually succeeded, would simply start complaing that gays should be allowed to have civil unions?

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    400. Re: Good ... by Grizzley9 · · Score: 1

      Do you have any gay friends or family members? If you do, ask them if they chose to be gay. Those telling you it is a lifestyle or lifestyle choice are deceiving you.

      You seem to have missed my point, let me state it a different way. You may or may not be able to choose who you are attracted to, you most definitely choose who you sleep with, surround yourself with, and the actions you take on how you live. There is a difference.

    401. Re:Good ... by Anonymous Coward · · Score: 0

      so we either pander to the churches or the homosexuals, either way we are pandering to someone

      As a heterosexual atheist, first, WTF? What am I, dog food?

      Second, you aren't "pandering" to the homosexual crowd by having government continue to use the word "marriage". You aren't even pandering to the homosexual/atheist crowd. You are pandering to no one in that situation. Standing up to a bully and refusing to back down != pandering.

    402. Re: Good ... by Anonymous Coward · · Score: 0

      Agreed

    403. Re:Good ... by Jason+Levine · · Score: 1

      I for one want the government out of marriage. Let the churches deal with "marriage"

      Some questions:

      - Would atheists be allowed to be married? Or would they have to fake a belief in God to call themselves married?
      - Would it only be churches that could convey marriage? What about temples? Mosques?
      - Would the religion have to be officially recognized by someone (e.g. some government agency)? Or could I form The Church Of Marriage Equality, appoint myself as Head Priest, and marry whomever I want?

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    404. Re:Good ... by tbannist · · Score: 1

      The circumstancial evidence is that it is most likely genetic. Studies on indentical twins separated at birth found that if one was openly homosexual the other twin was about 80% likely to also be openly homosexual.

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    405. Re: Good ... by AvitarX · · Score: 1

      Haven't been following SCOTUS, have you?

       

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    406. Re:Good ... by AvitarX · · Score: 1

      Because I don't want to need a lawyer to get married?

      Marriage (in the civil sense) is a contract to bring stability to each other and to society. I don't think you deserve your room mate's social security when they die for example. The benifits of marriage have a cost too, and it is consistent, making it affordable to separate and hitch up, as pretty much everything is handled via case law.

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    407. Re:Good ... by Chowderbags · · Score: 1

      Yet Scalia cites the Federalist Papers, which is basically one side of a pretty damn spirited ideological debate between the founding fathers.

    408. Re:Good ... by kwerle · · Score: 1

      If the government deals only with civil unions then the entire religious war issue is removed.

      Until religious people start claiming that civil unions are defined by God?
      Then what?

      That seems about as likely as "the degenerates" deciding that since marriage is no longer just between man and woman that they should be able to marry their dog (to quote a sometimes used argument in favor of things like DOMA).

      ie. when it happens (and sure it probably would - because there is always someone in need of attention) the volume would be about 1/1,000,000 the marriage issue and pretty easy to ignore.

    409. Re: Good ... by alfredo · · Score: 1

      That goes for straights too.

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    410. Re:Good ... by gstoddart · · Score: 1

      so we either pander to the churches or the homosexuals, either way we are pandering to someone

      So were we pandering to blacks and women when we gave them the vote and the right to own property? Or were we shooting for equality?

      Giving one group of people the same rights as another isn't pandering.

      If America is going to decide that "We hold these truths to be self-evident, that all men are created equal" didn't really mean 'all', then it is truly a sad day.

      It also means that every time someone says "you should do what we do", the response will be "STFU you hypocritical bastards" -- kind of like they'll do now if the US ever suggests to another country they shouldn't spy on their citizens.

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    411. Re:Good ... by ImprovOmega · · Score: 1

      Any minister of any church must be recognized by the state as having a legitimate claim to ordination before any action they take towards performing a marriage ceremony (which is all it is, a meaningless ceremony) and then signing the legal document (the actual thing that makes a marriage legal).

      You will find that the bar for that is extraordinarily low. First amendment and all that. And marriage is one of those things that are generally recognized across national boundaries. If you get married in say, Russia, and then one partner comes to the United States, the U.S. recognizes the marriage as valid and legal.

    412. Re:Good ... by Anonymous Coward · · Score: 0

      Problem is if you don't call it marriage you can then turn around and deny private insurance to unmarried couples.. which can be fixed with another law.

      Jesus fuck lawyers have fucked this world to hell.

    413. Re: Good ... by jxander · · Score: 1

      Just because some crusty old men are wrong, that doesn't invalidate the concept upon which the founding father built the country. Go read Scalia or Alito's dissent on the recent DOMA ruling to see how far separated from reality these people have become.

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    414. Re:Good ... by bill_mcgonigle · · Score: 1

      Very interesting post. I left it open overnight to read again in the morning.

      4) AG Poopypants refuses to defend.
      5) Boss Hogg wins by default.
      6) Disenfranchised voters may not appeal.

      Just to clarify, this scenario requires the circuit court panel and and the AGOTUS to be in agreement/conspiracy to effectively nullify a law from Congress, and SCOTUS won't review, right?

      If so, isn't this two out of three branches checking the other one?

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    415. Re:Good ... by Anonymous Coward · · Score: 0
      Posting anon because, well, this isn't a politically correct post.

      if you pass laws that make a handgun $5k a pop, rich white folks can afford it, its the blacks that can't.

      Let's be honest here; is this a bad thing? Look at the statistics. A vast majority of firearms-related homicides are perpetrated by inner city, black, illegally-possessed-handgun owners. This is the unfortunate reality that cannot be openly discussed.

      The reason it can't be openly discussed is because there is no politically correct solution. The easy, rational solution would involve targeting the perpetrators of these crimes and removing their access to their weapon of choice. However, that would be racist, so we must restrict ourselves to solutions that are not as easy or not as rational. It's obvious to anyone that when presented between a choice of "easy" or "rational", the average person will opt for "easy". And that's where we find ourselves today.

      The only easy solutions that aren't racist aren't effective. We talk about banning assault weapons (which account for roughly 5% of firearms-related homicides). We talk about limiting magazine capacities (which has minimal impact on handgun users). We talk about passing more laws (overlooking the fact that inner city gang members are already flagrantly violating countless existing laws).

      "Fear of an armed negro" indeed. Due to changing demographics, this will change. Soon, it will be "fear of an armed latino". It's really an issue of inner city demographics more than an issue of race. But again, we can't talk about that. We can only talk about the scary white kid with the scary black plastic rifle that kills a bunch of scared white kids, despite the fact that this is a huge outlier. Perhaps nobody cares about 95% of the firearm-related homicides because they only involve inner city blacks and there is a perception that it doesn't affect anyone else. It's only when cute white kids get shot up that people cry out against gun violence and demand changes be made.

      But if we're honest and admit that if we want to save lives (not just white lives), we really ought to be getting unregistered handguns out of the hands of black gang members operating in inner cities. For that to happen, we don't even need any new laws. I'm not sure why our law enforcement communities are unable to accomplish this when it seems they've got ample time to harass people for smoking pot and to set up speed traps. It seems that giving our cops a swift kick in the ass to motivate them to do their jobs doesn't sit as well with people as simply passing more laws to bump up the cost of legal guns. That way we're limiting access to firearms for poor people. It's much more acceptable to punish the poor than it is to punish the blacks, despite the large overlap between the two sets. Of course, doing it this way will also catch rural poor as much as it will the inner city communities. That won't work well, because poor white people are a lot more politically active than poor black people are.

    416. Re:Good ... by Anonymous Coward · · Score: 0

      Tonight the fudge packers will be celebrating. Clive gave Rodney an extra large box of laxatives as a wedding gift.

    417. Re:Good ... by Darinbob · · Score: 1

      But it's been ignored since the very first congress and administration, and has been ignored by the people who wrote it.

    418. Re:Good ... by Anonymous Coward · · Score: 0

      If I remember correctly, the government is not my creator.

      Do you? Do you remember correctly?!?! *ominous music in the background*

    419. Re:Good ... by meta-monkey · · Score: 1

      There doesn't have to be a conspiracy. If the solicitor general's office doesn't show up to the courtroom, the circuit court has no alternative but to issue a default summary judgement for Boss Hogg. You, citizen, may not step in on the state's behalf. I got into a discussion about this on another forum, and modified my example slightly to be more specific about why the citizen has no standing.

      1) Elect President Nogoodnik
      2) President Nogoodnik appoints Attorney General Poopypants.
      3) Boss Hogg files suit that being forced to install a wheelchair ramp as per the ADA violates his property rights.
      4) AG Poopypants doesn't show up to court.
      5) Boss Hogg wins by summary judgement, the relevant provisions of the ADA are struck down.
      6) AG Poopypants refuses to appeal.
      7) The Association of Dudes in Wheelchairs wants to take up the appeal.
      8) The court refuses to hear their case because they have no standing in the case of Boss Hogg vs United States.

      While yes, the Association of Dudes in Wheelchairs has a general interest in seeing that the laws of the State are enforced (as do all citizens), they have no specific interest in whether or not Boss Hogg must pay to install a ramp. Was the ADW required to pay for the ramp? To not pay for the ramp? The injury was to the State, and by yesterday's prop 8 ruling, citizens without a specific interest in the specific case at hand have no standing to defend the State's ability to enforce its laws. With Boss Hogg vs. United States settled, what is the ADW to do except redraft legislation? They can't sue Boss Hogg to install a ramp (the ADA provision requiring him to was struck down), or to reinstate the law (he has no authority to do so).

      First, the California AG should have been compelled to present a vigorous defense of prop 8. Failing that, the citizens authorized by the California Supreme Court to act on the State's behalf should have been allowed to have prop 8's day in court. I would hope they would lose, and prop 8 would be struck down.

      The ends are great, the means were atrocious. I support marriage equality. I support the option for consenting adults regardless of gender (or number) to avail themselves of the privileges and protections of marriage, and I would see them get it through a codified system of laws that establishes three equal branches of government with checks and balances on them. Put a ballot in front of me that says "Gay marriage in this state?" and I will mark "Yes." In support of such a ballot or drafted piece of legislation, hand me a petition and I will sign it, ask for money and I will donate, ask for letters to representatives and I will write them.

      But yesterday we got a press release from the King saying, "Gay marriage is a-okay," and crowds are cheering (even though they still need to get those pesky marriage laws passed in each state), and I'm saying, "Well, yeah, I think gay marriage is a-okay, too, but where the fuck did this king come from?"

      --
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    420. Re:Good ... by shutdown+-p+now · · Score: 1

      What possible point does this serve? How does splitting the the institution of marriage into two different categories that are supposedly equal serve any point at all?

      There are no two "different categories". All marriages are civil unions in that model. Marriage simply becomes a status that government does not regulate in any way, and does not care about in the slightest. All citizens are treated uniformly, both in how their relations are described and what benefits they get.

    421. Re:Good ... by shutdown+-p+now · · Score: 1

      Why does the church get a monopoly on what is a marriage? We have secular marriage now and have had it for generations, so you want to take away my right as a straight male atheist to get married?

      In GP's scheme, you'd be able to do that. The point is that government would be completely out of the business of defining what a marriage is, and what benefits it should confer. The only thing that matters for taxes and other benefits is whether you two are in a civil union or not (regardless of whether you're also married or not).

    422. Re:Good ... by Reverand+Dave · · Score: 1

      Women as property as in, you'll marry my daughter and then give me some land and livestock. She will marry you because I own here and she has no choice. Also I agree with your assertion that marriage existed before the church.

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    423. Re:Good ... by Anonymous Coward · · Score: 0

      Polygametic? Multizygotic? Oh shit, let me finish my Biochemistry Ph.D. and we'll get back to this.

    424. Re:Good ... by Reverand+Dave · · Score: 1

      If you get married in say, Russia, and then one partner comes to the United States, the U.S. recognizes the marriage as valid and legal.

      Well now it is, but until they overturned DOMA then that was not the case unless you had a non-same sex marriage.

      --
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    425. Re:Good ... by surd1618 · · Score: 1

      I think that the best thing for someone with a problem-solving fixation (i.e. engineer) WRT this whole topic is to think about something else. Give it a golf clap for passing and then return to serious, solvable issues like why your database isn't working.
      Our culture and our government are going to do, exactly, precisely, what they are going to do, and sometimes it is great, and sometimes it sucks, but with love and marriage, it is not some kind of solvable problem.

    426. Re:Good ... by antientropic · · Score: 1

      That God doesn't give a shit about my right to file a joint tax return has no bearing on the fact that the United States government doesn't grant rights to the citizenry. That's an inherently un-American way of looking at rights

      "Natural rights" may be the American way of looking at rights, but it's also a completely meaningless notion. Rights do not grow on trees. They're not laws of physics or mathematics. (If they were, they couldn't be violated.) Instead rights are a legal notion, and every society and individual has different views on what rights should be recognized.

      For instance, you can certainly feel that gays should have the right to marry (as I do), but to say that the right to gay marriage has existed since the dawn of time but just wasn't recognized by the government is meaningless and pointless. You can certainly feel that certain rights should be universal, but there is no sense in pretending that they are.

      And if "natural rights" really exist, what are they? Is my "right" not to pay taxes a natural right? Clearly there are people who feel that way. How do you decide in an objective way?

    427. Re:Good ... by Anonymous Coward · · Score: 0

      you are confusing marriage, the legal contract between two people, with Holy Matrimony, the religious ceremony some people go through to achieve, in a religious sense, a holy union between two (or more) people. If gay people get married, in the legal sense, its really just about receiving a set of rights accorded to two people who have pooled their resources, so they can file taxes to reflect that status and have certain rights and powers in the case of emergency. Holy matrimony is something that you need to take up with your minister, pastor, rabbi, monk, or high priestess . It has no legal bearing on anything and nothing the state says can change the status of your "holy matrimony", because it is in every sense made up. I would like to point out that gay people have had holy matrimony for about forever now, and are really just looking for the same tax benefits and rights that straight couples have.

      If you feel that the term marriage and holy matrimony are too similar sounding, how about this: Every marriage ever performed by any religious figure is now, legally null and void. Spiritually these people will still be bound in holy matrimony so, if you personally feel the need to get the rights and privileges afforded to married people under the law, you now have to apply for a civil union. holy matrimony and marriage will now be synonymous, and you can be married without legal status. So if gay people want to get married, all they have to do is find a church willing to marry them (spoiler alert: there is a bunch of them). of course, if all they are looking for is the benefits from the law, a civil union would suffice. And we've gone through a long and lengthy set of legal policy changes to come to the same conclusion: you are an idiot for thinking that you have any say in what two other people do in their private lives and you do not hold the rights to the term "marriage".

    428. Re:Good ... by AK+Marc · · Score: 1

      I don't ignore it, I just dismiss it, there is a difference. If you have a system of gays can only get unions, and breeders can only get marriages, even if the two are theoretically the same, we'll just call that "separate but equal". How well did that work out last time?

    429. Re:Good ... by AK+Marc · · Score: 1

      You are so unable to consider a concept of non-ownership that it doesn't make sense to you. There were many places without ownership. Ownership of land post-dates government, not pre-dates it (which seems to prove you wrong). And the natives were happy to sell land for beads. If an alien dropped down and offered you some cool rocks for your air, why would you say no? It's not like they can "own" the air or take it from you. So when they build a huge hamster ball around the planet and suck the air out, how would you have forseen that?

      At least when the Queen annexed NZ, they handled it by giving 100% of NZ to the natives. There was no "ownership" as far as the crown went, other than everything was "not crown". Then the concepts of deeds and ownership was imposed as the Englishmen started buying land from people who may or may not have "owned" it in the first place.

      I've owned a few houses in the US. You could do a title search on them and see the first owner. Prior to that date, according to current government records, it was unowned. It was only after governments did the concept of land ownership develop. That you come from a long line of people who grew up in areas with documented land ownership doesn't change reality, just your perception of it.

    430. Re: Good ... by AvitarX · · Score: 1

      Perhaps, but Salinas v. Texas basically decided you need to vocally state, or have stated to you the right.

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    431. Re: Good ... by jxander · · Score: 1

      On the contrary, Salinas v Texas just proves that he had the RIGHT to remain silent the whole time, even without police informing him of that right. What he lacked was the DESIRE to do so, until he'd already talked himself into a corner. If you're going to waffle back and forth on your rights, you might want to let people know which side you're on at any given point.

      Personally, I think it should have gone the other way, but I see the merit in the SCOTUS decision on this one. Cops shouldn't need to go around telling everyone they pass "You have the right to remain silent... and you too... and you, and you and you... you all have the right to remain silent! Yay!" If someone (who is not under arrest) just starts talking, cops are going to listen... and if you suddenly stop talking, they're going to notice.

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    432. Re:Good ... by Anonymous Coward · · Score: 0

      You do realize you are talking about him being selective in looking at the Constitution but then quote the Declaration of Independence? The Declaration has no bearing on Laws.

      Don't be foolish. The Declaration very much has bearing on Laws, because that's one of the first places we'll look when thinking about the rights "retained by the people" under the 9th Amendment, and the rights "reserved to the people" under the 10th Amendment. James Madison deliberately put these Amendments into the Bill of Rights to make it an open-ended document, precisely because not all rights could be enumerated at the time the document was created (a point the Anti-Federalists raised and that he had to rebut in order to have any chance of having the Constitution accepted), a point that has been raised on Slashdot many times.

      The right to same sex marriage is a right that can reasonably be asserted as being "retained by the people". I don't particularly LIKE the idea of gay marriage, but only an idiot or fanatic denies that people should be able to engage in it.

      If any US legal professional or other government official sworn to uphold the law has told you that the Declaration of Independence has no bearing on the law, that person has demonstrated their lack of fitness to engage in the practice of law or hold any position of public trust or responsibility.

      The four dissenting justices, in refusing to honour their oaths to uphold this 9th Amendment right, are oath-breakers and demonstrate their lack of fitness to hold office.

      There are powerful religious groups in this country with large amounts of money to spend on influence, and the insidious belief that the end justifies the means, so presumably these four individuals received some sort of compensation for their votes, or perhaps the support of such groups was instrumental in getting their nominations and it's now payback time. The political selection process for Supreme Court Justices has never been particularly trustworthy.

      The state governments that are refusing to recognize this right are acting contrary to the Bill of Rights, on multiple levels. After all, prohibition of this form of marriage primarily comes from religious beliefs, and thus breaks the barrier between separation of church and state imposed by the 1st and 14th Amendments (the 1st Amendment applies to the federal government, but the 14th makes it apply to the states).

      Unfortunately, contempt for the Bill of Rights by those who swear oaths to uphold them is now almost the norm in US government. Historically speaking, contempt for fundamental rights is far more common than most people can begin to imagine (even by Slashdot standards, and we read about this stuff all the time). We can go back even to the beginning of the country to see this: the worst abuses of the slave system went FAR beyond any reasonable authority of government (and thus were in contempt of the Bill of Rights), and the "separate-but-not-actually-equal" system that survived for so many decades was also illegal. But the problems we have with large portions of government (at all levels) refusing to act honourably and ethically seem to be getting worse over time.

      This ruling is a refreshing change from the usual trend, and the cynical part of me suspects that it was allowed to happen (much like Roe vs. Wade, the most famous 9th Amendment case) only because the issue is a sideshow compared with the far more serious problems with the government and in the legal system.

    433. Re:Good ... by volmtech · · Score: 1

      Marrage is about inheritance. The first born son of the legal wife inherited the lands and titles of his father. Bastard sons had little or no rights and of course all female children had no rights.

      Ours is the first society to revere homosexuals. Most societies only tolerated "taboo" sex and some, even today, view it as a major crime. This is irrespective of whether or not the "desert goat herder" religions had ever been taught. With anything negative publicly being said about homosexuals declared "hate speech" leaders of most major religions will find their first amendment rights severely restricted and may find their holy texts censored.

    434. Re:Good ... by gzuckier · · Score: 1

      Yes, you are endowed with inalienable rights. That and a few bucks, or a weapon, will get you a cup of coffee.

      --
      Star Trek transporters are just 3d printers.
    435. Re: Good ... by gzuckier · · Score: 1

      Very true. However, just because you have those rights, does not mean that Bad People will let you use them. The Constitution is in the nature of a contract/promise that the US will not violate those rights, or else the courts will find that unconstitutional. Maybe. At some point. If all goes well.

      --
      Star Trek transporters are just 3d printers.
    436. Re:Good ... by Ambiguous+Puzuma · · Score: 1

      I can't think of the last time I've heard of a Justice saying that he personally detests the ruling but 'this is what the law says'

      Roberts on the constitutionality of the ACA, perhaps?

      The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.

      This reads to me as "I don't like it, but my hands are tied". Why mention the wisdom or fairness of the law, rather than stopping at "it is not our role to forbid it", if he thought the law was wise and fair?

    437. Re:Good ... by Ambiguous+Puzuma · · Score: 1

      How would property be divided up at the year-end "divorce" of college roommates, especially if they end up not getting along? That alone might be messy enough to discourage such sham marriages, I think.

    438. Re:Good ... by Anonymous Coward · · Score: 0

      "Leave the word marriage to the churches"

      I think that you mean the word "matrimony" which is a religious sacrament. Marriage is a civil union.

    439. Re:Good ... by Anonymous Coward · · Score: 0

      It's none of the governments business. It shouldn't be involved in social engineering in the first place.

      Why not? I'm not being facetious or contrary, but really, why not?

      Governments are (theoretically) supposed to be a sort of management committee for society (state). They make policy (social engineering) decisions all the time: who to make war with (theoretically for the wellbeing of the collective citizens), who to trade with, whom to have diplomatic ties with, where new roads/bridges/other infrastructure is needed, what to teach youngsters, what constitutes harm against someone (crime), how to grow the economy, etc. etc. etc.

    440. Re:Good ... by Reverand+Dave · · Score: 1

      Ours is the first society to revere homosexuals. Most societies only tolerated "taboo" sex and some, even today, view it as a major crime. This is irrespective of whether or not the "desert goat herder" religions had ever been taught. With anything negative publicly being said about homosexuals declared "hate speech" leaders of most major religions will find their first amendment rights severely restricted and may find their holy texts censored.

      Holy fuck are you ignorant of the facts. I think you are confusing "revere" with "not reviled." Let me drop some information on you:

      Homosexuality in ancient Rome
      Homosexuality in ancient cultures

      "Leaders of major religions" are not going to have their rights curtailed if they are preaching hate speech. They should, but they won't. Eventually they'll catch on to society and pull their own heads out of their asses, it will take a while, but it'll happen. Not too many of them spout bulllshit regularly about "niggers not having souls" anymore either but they used to, it just took them a while to figure out their audience.

      Hey here's another small tidbit of information, Inheritance is about Property so not only is your post completely false, any valid point you almost made had already been covered.

      --
      I got here through a series of tubes
    441. Re:Good ... by ganjadude · · Score: 1

      The reason I say the government should change it is that the government is under 300 years old while the religions are older. therefore they should have dibs on the word

      --
      have you seen my sig? there are many others like it but none that are the same
    442. Re:Good ... by Anonymous Coward · · Score: 0

      Not good enough.

      You see.... I know some very devout, very Christian, very gay people... and they would like to be "married", not "civil-union"-ed.

    443. Re:Good ... by volmtech · · Score: 1

      abcnews.go.com/US/.../teens-hail-gay-prom-king-and-queen-10889891âZ

      Well, I'm glad I still have my first amendment rights even though you would take them away. But in thirty years will I end up like Paula Deen? Ancient cultures used that word but now it's almost (and could be) a capital offense.

    444. Re:Good ... by Reverand+Dave · · Score: 1

      Holy shit retard, hyperbole much? News for you buddy, being gay isn't a bad thing, just like being black, white, or hispanic. If you want to hate people, feel free to do so, but don't think you're not going to have criticism. You're free to be an idiot, but I'm free to call you on it so there's that.

      --
      I got here through a series of tubes
    445. Re:Good ... by stenvar · · Score: 1

      The right to drive, the right to carry a concealed weapon, the right to purchase alcohol,tobacco, the right to farm land, the right to pay less tax than other people are God given rights? Those rights are provided by the government.

      No, those were actually all rights taken away by the government. You didn't use to need licenses to drive or carry weapons, you didn't use to need licenses to purchase alcohol or tobacco, or to farm, and people didn't use to have to pay income tax.

      I've all along said to call it something else where it doesn't upset the church and then this group of people can make a case to the government as to why they should receive the same tax benefit as another group of people producing offspring when there is no possible way for them to.

      So infertile heterosexual couples shouldn't receive tax benefits? Post-menopausal married women shouldn't receive tax benefits?

    446. Re:Good ... by jwhitener · · Score: 1

      How far back are you going?

      As far as I recall, there is evidence of ritualistic behavior going back 30,000 years, but evidence of man/woman permanent unions are much more modern.

    447. Re:Good ... by volmtech · · Score: 1

      Hyperbole is what the internet is for, I got you didn't I? Hate is such a harsh word, distaste and apprehension maybe. I grew up Southern Baptist in the Fifty's South. I'm a sweet, lovable old guy, I don't mean anyone any harm. xoxoxo.

    448. Re:Good ... by sumdumass · · Score: 1

      You will find that we can ignore those gods

    449. Re:Good ... by sumdumass · · Score: 1

      You are so unable to consider a concept of non-ownership that it doesn't make sense to you. There were many places without ownership. Ownership of land post-dates government, not pre-dates it (which seems to prove you wrong). And the natives were happy to sell land for beads. If an alien dropped down and offered you some cool rocks for your air, why would you say no? It's not like they can "own" the air or take it from you. So when they build a huge hamster ball around the planet and suck the air out, how would you have forseen that?

      Sigh.. ownership of land before government was who could keep what for their benefit. Usually it involved the use of force. Ownership is inherent in nature- just look at animals protecting their territory or even their nesting grounds. But we don't have to bother looking there because we know those native americans fought between themselves for ownership of land. You have been watching to much revisionist history, the white man did not do anything the natives weren't already doing to themselves, we just had concepts of the wheel and chemistry and did it better because of it.

      I've owned a few houses in the US. You could do a title search on them and see the first owner. Prior to that date, according to current government records, it was unowned. It was only after governments did the concept of land ownership develop. That you come from a long line of people who grew up in areas with documented land ownership doesn't change reality, just your perception of it.

      Almost all houses in existence today (in first world countries) have records of ownership dating back to when it was built. Even if there wasn't, I'm sure the person occupying it wouldn't just give it up as if they had absolutely no claim on it should someone else move in and displace them. I suspect you attempted to mean the land the house was one in which case no owner is a term of government meaning they didn't recognize claims of ownership on it at that time.

      What you seem to be doing is confusing a title or deed as ownership. While that is the common method of laying legal claim to land or buildings, it isn't the only way. Before governments were even thought of in the sense that we see today, people have been fighting over who owns hunting grounds, water resources, fields for farming and so on. It's inherent in our nature and always will be unless someone is buffaloed by some indoctrination. It is a large reason why Marxism fails in practice and why it always morphs into some form of dictatorship.

    450. Re:Good ... by sumdumass · · Score: 1

      Not really. You see, the court has often set them back on track. and with the border searches, it was determined that the necessity of sovereignty provided an exception in limited situations. That's not being ignored.

      But hey, if you are happy with the government suspending habeas corpus, stopping and searching you anywhere they see fit, denying your rights to protest those actions, then go ahead and keep arguing that the constitution is meaningless and the government doesn't have to follow it because they ignored it before. If it needs changed, then change it. Ignoring it only means it will be ignored when it is something you might care about. You cannot trust people to be good all the time nor can you trust people in power to just do something. There needs to be limits set in stone and those limits need to be solid as possible else we get the splitting hairs BS like enemy combatants and administrations blatantly lieing in federal court hoping the meaning of the word is- is ambiguous enough to technically cover his tracks.

    451. Re:Good ... by AK+Marc · · Score: 1

      Sigh.. ownership of land before government was who could keep what for their benefit.

      You can't understand the difference between ownership and possession.

      I suspect you attempted to mean the land the house was one in which case no owner is a term of government meaning they didn't recognize claims of ownership on it at that time.

      As you determined only one reasonable meaning of the sentence, why would you spend so much time shooting down an intrepretation that you believe to be false? You are just a prick trying to pick a fight.

      Ownership is a government creation. Animals in the wild have no concept of ownership. They have a concept of territory, but that's different. You have the subtlety of a sledgehammer, and are just as smart.

    452. Re:Good ... by swillden · · Score: 1

      Force anyone supporting such laws to restate them in the form: "I think the government should forcibly remove the following rights I enjoy from because...". No matter what comes after the 'because', that statement should cause revulsion in everyone if the target group is anything other than 'legally convicted criminals who haven't yet paid their debt to society'.

      Fixed that for you. The way we mistreat those who were once convicted of something is yet another problem (along with the large numbers of people we convict... including an astonishing number of innocents).

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    453. Re:Good ... by Krater76 · · Score: 1

      And yet today we decide citizenship by what family you come from and where you are born, instead of where you live and how you live. With regards to "divine right", we haven't come as far as people like to pretend.

      That's one of the stupidest things I've read in a while. Citizenship fir the US is granted by either being born within the boundaries of the country or going through the process of becoming a naturalized citizen. It has nothing to do with the 'family you come from' (unless that family is giving birth to you outside of the US) or 'how you live' (once again, unless how you live is somewhere NOT in the US).

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    454. Re:Good ... by Anonymous Coward · · Score: 0

      The problem with keeping two different marriage-like institutions is that it leaves the door open for future discrimination (even if we ignore the implied gay-marriage-is-less-than-marriage idea). The fight would just shift to restricting the rights of people in gay-marriages. And besides it is also an emotional thing. The idea of being "married" to someone holds a certain emotional weight that "being in a civil union" simply does not. That's just my two cents.

    455. Re:Good ... by Anonymous Coward · · Score: 0

      You are right, there really should not be an argument to letting two people have their love and be married. The only people this is a real problem for are homosexual people.

    456. Re:Good ... by sumdumass · · Score: 1

      You can't understand the difference between ownership and possession.

      Possession is ownership when there isn't a title or deed to determine otherwise or an outright admittance of not owning something. But by all means, please humor me and explain the difference.

      As you determined only one reasonable meaning of the sentence, why would you spend so much time shooting down an intrepretation that you believe to be false? You are just a prick trying to pick a fight.

      wow, did I kill your argument that badly that you had to resort to name calling? Either one of two things are happening here, you are wrong and won't admit it, or you are right and cannot explain it in an understandable way. Your results seem to be to say fuck it and attempt to win the debate by putting someone else down. Here is a small hint for ya, that doesn't really make you a winner anywhere outside of a third grade recess.

    457. Re:Good ... by Torodung · · Score: 1

      How provincial of you. When did I say I was talking about legal rights? The Constitution, in the Bill of Rights, only mentions which _natural_ rights the Federal Government may not infringe upon. The Founders were very specific about not coining explicit legal rights in those amendments. The only legal rights mentioned in Con Law are things like copyright. There may be others. Don't know. Not an expert, but I do know the philosophy with which the Constitution was framed, and we are absolutely talking about natural rights, and _only_ natural law regarding them, in the above case.

    458. Re:Good ... by Torodung · · Score: 1

      I swing that way too. But I do think the intent and philosophy of the law is important.

      I also believe that governments take away your rights by force when you most need them. That is the sad truth. Rights are only granted by governments when they don't matter, which is why the Founders felt it important to not grant rights like in Magna Carta.

    459. Re:Good ... by Torodung · · Score: 1

      Ding. Ding. Ding.

      In practice, government will attempt to violate your rights when you most need them. It doesn't make them alienable.

    460. Re:Good ... by Torodung · · Score: 1

      Oh yes, I've heard this song before. Let me change the tempo. Those congress people have rights too.

      Like the right to be reasonably sure I'm not a "Jared Loughner" before letting me within 20 yards of them. This is something that is lost on most people who use "doesn't mean dick" to say something supposedly profound.

    461. Re:Good ... by hazydave · · Score: 1

      Naa... let the stupid churches come up with their own name if they don't like the current use of the word "marriage"... but it's well established as in civil law. There's zero reason for that to change, just to make some knuckle-dragging religious nutbag more secure about his sexless "marriage" that got the magical seal of approval from the big grandpa in the sky.

      Marriage has many important civil benefits between the two people involved. There are zero religious benefits, particularly to the non-religious (who have a much lower divorce rate than these crazed red staters). They can make up new words for the religious version of this if they like, and even define that new things to not include gays or biracial or any other couples they don't like. Not the State's business. In fact, I wish they'd get busy with that and either stop trying to redefine marriage in religious terms, or show me the clause in the Constitution that defines marriage their way. I already know that, in the Christian Bible, it's that arrangement between a man and any number of women, who will of course be stoned to death by the good townspeople if suspected of infidelity. None of that crap has a place in modern society.

      --
      -Dave Haynie
    462. Re:Good ... by hazydave · · Score: 1

      Church marriages don't have any legal standing. It's quite common, of course, that one's chosen cleric is also empowered by the state to perform marriages, so s/he does the church marriage, then files the appropriate civil paperwork, and it's done. If that paperwork isn't done, the couple may consider themselves married, but the state doesn't.

      This is precisely how plural marriage "gets away with it"... the couples are married within the church, but not legally. Utah had enough trouble with this, given that the Mormon founders were polygamists and made that part of their religion, that they have a special law, something to the order of that if you're living as if you're married, you're considered married, at least for the purposes of prosecuting polygamists.

      So, given that religious marriages on their own have no legal standing in the USA, the only one really enabling marriages is the state. Thus, it's perfectly correct to keep calling this "marriage" -- the only real marriages are state sanctioned. The religious folk can make up a new name if they want to. Or move to the Middle East or some other place where the religious folks run the country.

      --
      -Dave Haynie
    463. Re:Good ... by AK+Marc · · Score: 1

      (And insurance rates are not granted by government; they are set by insurers as they see fit.)

      Nowhere I've ever lived, 3 states in the US, and 2 countries outside. The insurance rates are set (to varying degrees) by the state regulatory body.

    464. Re:Good ... by AK+Marc · · Score: 1

      I always wanted them to just say "The federal government has nothing to do with marriage, and will recognize any parties declared as "married" by their state of residence. Oh, and 'Full faith and credit' applies to marriage contracts."

    465. Re:Good ... by AK+Marc · · Score: 1

      Unless a white male can use "equal protection" to strike down affirmative action laws.

      They can (and do).

      "Equal protection" is being seriously misconstrued in this case. DOMA may have been shitty legislation, but it was constitutional.

      The proper constitutional thing to do is to say "The feds do not define or have any say in marriage. There is no power in the Constitution to allow the fed to regulate it, other than to enforce the 'Full Faith and Credit' clause to force every state to recognize gay marriage if even one state recognizes it, for those married where legal."

      The federal government only has enumerated powers, and defining marriage is not one of them. But enforcing "Full Faith and Credit" is.

    466. Re:Good ... by drakaan · · Score: 1

      ...If it's only about the legality of a contract, then plenty of things sole their stigma and at the same time become disassociated from the word....

      WTF? I'm sure I didn't intentionally write that. I find myself completely unable to reconstruct what that sentence should have said.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
  2. What now? by Anonymous Coward · · Score: 5, Interesting

    Say you have a same-sex marriage in a state that recognizes it or a country that recognizes it. Now you move to Alabama. Are you unmarried? And can Alabama still discriminate against your marriage? Or does this just apply to the federal government?

    1. Re:What now? by gstoddart · · Score: 2

      Or does this just apply to the federal government?

      I believe this particular ruling only covers DOMA ... they are supposed to release other decisions which might weigh in on individual state bans.

      --
      Lost at C:>. Found at C.
    2. Re:What now? by Capt+James+McCarthy · · Score: 1

      Say you have a same-sex marriage in a state that recognizes it or a country that recognizes it. Now you move to Alabama. Are you unmarried? And can Alabama still discriminate against your marriage? Or does this just apply to the federal government?

      This is where States rights come in and the Federal governments rights stop. Well, it used to be that way. Because of Federal dollars luring the States to follow what the Federal govt wants done, States rights are becoming fewer and fewer.

      --
      There are no loopholes. It's either legal or it's not.
    3. Re:What now? by Anonymous Coward · · Score: 1

      We'll have to wait and see how the Full Faith and Credit Clause applies to this decision.

    4. Re:What now? by Rich0 · · Score: 2

      Say you have a same-sex marriage in a state that recognizes it or a country that recognizes it. Now you move to Alabama. Are you unmarried? And can Alabama still discriminate against your marriage? Or does this just apply to the federal government?

      Seems like the Full Faith and Credit clause should apply:
      Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

    5. Re:What now? by Jarmihi · · Score: 3, Insightful

      You are correct. Civil marriage is licensed by the state, and if the state you're in will not recognize a license from another state, you are not entitled to the benefits in that state.

      --
      ~Jarmihi
    6. Re:What now? by h4rr4r · · Score: 2

      So states have the right to deprive people of rights?

      Can Alabama decide to have slaves again? Can they stop inter racial marriage?

    7. Re:What now? by operagost · · Score: 5, Insightful

      Ideally, that's what would happen. But we all know that the states selectively decide this: drivers' licenses are accepted, but firearm permits usually are not. This is especially amusing when you consider that politicians constantly remind us that driving is a privilege, while it's understood by most that keeping and bearing arms is a right (though what this means is subject to whim^H^H^H^H interpretation).

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    8. Re:What now? by dainbug · · Score: 2

      But wouldn't the commerce clause come into play where currency, no tariffs and licenses carry across state borders?

    9. Re:What now? by Cajun+Hell · · Score: 1

      Let's say you get married at the age of 15 in a state that allows it, and then move to a state where you're required to be 18 in order to get married. What happens?

      Look that one up and you should have the answer to your own question, and I bet it'll be some hundred-year-old decision.

      --
      "Believe me!" -- Donald Trump
    10. Re:What now? by h4rr4r · · Score: 3, Interesting

      If they recognize other marriages from that state, they should not be able to pick and choose.

    11. Re:What now? by SJHillman · · Score: 4, Funny

      I imagine driver licenses work much the same. If New Jersey decides everybody gets a license when they turn 18 even if they haven't taken any written or practical test, then other states can choose not to accept NJ driving licenses as valid. Thus if you got caught with a NJ license in another state, they could charge you as driving without a license.

      **NOTE: As far as I know, New Jersey does not just give everyone a license at 18. They have to find it in a Crackerjack box first.

    12. Re:What now? by NatasRevol · · Score: 1

      Yes, barring any federal laws that explicitly overrule them.

      --
      There are two types of people in the world: Those who crave closure
    13. Re:What now? by LocalH · · Score: 3, Insightful

      You know, "states' rights" doesn't equal "racism" no matter how hard you try. The Federal government should be ensuring that people's rights aren't violated, but there's plenty of room for states to have their own rights as per the Constitution, without cutting off our nose to spite our face. That's where DOMA came into play - it didn't seek to invalidate the rights of states to respect same-sex marriage, it sought to allow other states to invalidate those rights. This has been struck down, and it's a good thing. But, to change the subject, let's talk about cannabis legalization. Two states have outright legalized it even for recreational use, and those laws should be upheld as they infringe on nobody's rights. That's the type of thing that is actually within the purview of "states' rights" without being discriminatory or prejudicial.

      To some people, there are only two options they see - either the Federal government micro-manages the states, or the states have full autonomy regardless of who is being wronged. This speaks more to an inability of many people to see an issue in anything other than black and white, and in fact is the major reason that the US is so divided on social issues nowadays.

      --
      FC Closer
    14. Re:What now? by fuzzyfuzzyfungus · · Score: 1

      So states have the right to deprive people of rights?

      Can Alabama decide to have slaves again? Can they stop inter racial marriage?

      The 14th amendment would(largely because it was designed to keep southerners from being dickheads again) make that more difficult.

    15. Re:What now? by Antipater · · Score: 4, Informative

      No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.

      That's Section 2 of DOMA, which was not ruled on. Only Section 3 of DOMA was ruled unconstitutional. The above section, which decrees that one state does not have to uphold a same-sex marriage conducted in another state, is still law.

      --
      Everything is better with chainsaws.
    16. Re:What now? by bill_mcgonigle · · Score: 1

      politicians constantly remind us that driving is a privilege

      Remind them that while the US is a member of the UN, its charter definitions are binding.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    17. Re:What now? by LocalH · · Score: 1

      As I understand it, it should mean that while not every state has to perform same-sex marriages, every state does have to recognize those performed in states that have. It also means the Federal government cannot refuse to recognize them, as it was in the case that led to this decision (which centered around the IRS refusing an estate tax exemption and refund to a New York widow whose wife had died, and their marriage was legal in NY).

      --
      FC Closer
    18. Re:What now? by bill_mcgonigle · · Score: 1

      It's actually the other way around. In NJ one must be 17 and pass the tests to get a drivers' license. 16 year olds from other states can drive on NJ roads as long as they are driving in a vehicle registered in the state from which they are licensed. And in MA the average passing grade on a drivers' exam is 60 percent, which if you've ever driven near Boston explains a lot. They still get to drive in NJ.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    19. Re:What now? by ganjadude · · Score: 1

      actually yes, the states do have the power to deprive people of rights. and people have the power to move to a state that fits them. Take "love" out of the debate and everyone would be happer. make the "rights" be about the household rather than the partner.

      --
      have you seen my sig? there are many others like it but none that are the same
    20. Re:What now? by h4rr4r · · Score: 1

      Would you consider the constitution to be one of those?

    21. Re:What now? by Anonymous Coward · · Score: 0

      Now you move to Alabama. Are you unmarried?

      Yes, but they're still your cousin.

    22. Re:What now? by Migraineman · · Score: 1

      Ultimately this is a consistency issue. As noted, driving from one state to another could result in you becoming un-married (if only it was that simple ...) Civil unions are generally a state-level function, and the rules for marriage in California differ greatly from those in Virginia (ex. community property vs. dower law.) All would be well and good should you never cross the state border, but when you do, does the adjacent state recognize your civil union? Married in one state, but living in another - which estate rules apply? Further, the Fed has stuck it's fingers into the pie, and chooses to recognize the civil union through the IRS. That *should* create a situation where consistency flows top-down, but as there is no Federal courthouse from which you may seek a marriage license (at least, none that I'm aware of,) the process must flow up-then-down.

      I expect the Fed wants to push a "Consistency in Marriage Act" onto the states, where "any two people age 16 or older may join in a civil union." I just don't think they have the authority to do so. The Fed *could* just treat people as individuals, and leave the civil-union business to the States. However, that would erode their power base, which makes me think it's unlikely they would even consider doing so. My gut says they will do something emotional, pandering to the married masses, and make things much worse overall.

    23. Re:What now? by ganjadude · · Score: 2

      I prefer to go back to the intent of the country. where if it is not EXPLICITLY written in the constitution, than the federal government has no say whatsoever and it is a states right. The 10th amendment is pretty clear.

      --
      have you seen my sig? there are many others like it but none that are the same
    24. Re:What now? by Antipater · · Score: 5, Informative

      Or does this just apply to the federal government?

      I believe this particular ruling only covers DOMA ... they are supposed to release other decisions which might weigh in on individual state bans.

      More than that, this particular ruling only covers Section 3 of DOMA. I mentioned this in a post below, but it's going to get lost in the fuss. DOMA has two halves: Section 2, which allows a state to not recognize a same-sex marriage performed in another state, and Section 3, which defines marriage for the federal government as heterosexual. Only Section 3 was struck down. Section 2, which directly answers GP's question (correct, Alabama will not recognize your marriage), was not challenged and is still law.

      --
      Everything is better with chainsaws.
    25. Re:What now? by RogueLeaderX · · Score: 1

      politicians constantly remind us that driving is a privilege

      Remind them that while the US is a member of the UN, its charter definitions are binding.

      Not certain the argument that 'freedom of movement' equates to 'automobile license' would hold up in court.

      Not that it matters, the UN hasn't kicked China out and they still require permits to move between districts. That strikes me as a tad bit more restrictive than calling a driver's license a 'privilege.' (A privilege now required to vote in Texas.)

    26. Re:What now? by operagost · · Score: 4, Interesting

      Actually, NJ is one of the more oppressive states IRT drivers' licenses. For one, you have to be 16 to even get a permit. Second, you have to have it for six months AND be at least 17 before you can even take the test. Third, your observer while you're under permit can't just be a legal adult: they have to be 21 (age discrimination) and have been a licensed driver for at least three years (understandable). Fourth, even once you have a PROBATIONARY license, which you must have for a YEAR before you get a real one, you CAN'T have anyone except family in the car EVEN IF YOU ARE AN 18 YEAR OLD LEGAL ADULT (age discrimination again)-- don't know what the environmental lobby thinks of this obvious detriment to carpooling. Fifth, the state is fond of using the license as a carrot for everything; in other words, there are about 90 different things a young person could screw up with that could delay getting their license: drinking under 21, a miscellaneous juvenile incident, mouthed off to a cop, etc.

      And people wonder why I moved to Pennsylvania 17 years ago.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    27. Re:What now? by h4rr4r · · Score: 1

      I never suggested it did. I only suggested some states would use it for that purpose.

      I simply cannot see how cannabis legalization has anything to do with states wanting to deprive people of civil rights. I have no trouble with states having their own laws, when those laws are not for the express purpose of discrimination.

    28. Re:What now? by NoImNotNineVolt · · Score: 1

      **NOTE: As far as I know, New Jersey does not just give everyone a license at 18. They have to find it in a Crackerjack box first.

      You wouldn't last a day on our roads. Not one day :)

      --
      Chuuch. Preach. Tabernacle.
    29. Re:What now? by Anonymous Coward · · Score: 0

      Movement is different from driving.

    30. Re:What now? by geekoid · · Score: 1

      What this means, in a nut shell, is that sate have to recognize you as married and all the benefits there in.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    31. Re:What now? by DarkOx · · Score: 1

      Given the reasoning for the ruling was a states rights claim, IE the states are responsible for regulating and determine marriage. My Guess is that YES one state could refuse to recognize a homosexual union.

      They also struck down the case upholding prop-8 though in California, but only the technical grounds the plaintiffs did not have standing to bring the case; so its unclear how the SCOUTS views a states ability to define marriage as being between only members of the opposite sex as an equal protection matter. We shall see.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    32. Re:What now? by Anonymous Coward · · Score: 0

      Mod up. This is important.

    33. Re:What now? by Antipater · · Score: 1

      What this means, in a nut shell, is that sate have to recognize you as married and all the benefits there in.

      The Federal government does, states do not.

      --
      Everything is better with chainsaws.
    34. Re:What now? by geekoid · · Score: 1

      Nope.

      What it means is other states don't have to allow a New Jersey driver their state licenses without a test.
      If you have a legal New Jersey License and are just visiting or passing through, then you license is considered valid.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    35. Re:What now? by Wahakalaka · · Score: 1

      Would that imply that a gay couple that lived in say, Texas could hop up to Massechussets, get married, then come back to Texas, and Texas would have to shut up and deal with it?

      --
      The truth is somewhere in the middle.
    36. Re:What now? by Anonymous Coward · · Score: 0

      My Vermont drivers license is good in Illinois, so my gun rights should extend to there as well.

    37. Re:What now? by NatasRevol · · Score: 1

      Slavery is covered by the constitution, yes.

      But is there a constitutional law that bans inter racial marriage? I don't know that there's anything about keeping people separate being legal or illegal. If not, then yes the states could do that.

      --
      There are two types of people in the world: Those who crave closure
    38. Re:What now? by Anonymous Coward · · Score: 0

      Only section 3 of DOMA was ruled unconstitutional, Section 2 remains in effect which was written to prevent use of the full faith clause.. Section 2 leaves recognition of marriage and reciprocity of marriage laws to each state. Section 3 is a federal definition. States that do not recognize same-sex marriage, are not compelled to recognize it under this ruling.

    39. Re:What now? by Anonymous Coward · · Score: 0

      Mentioned above, but Section 2 of DOMA deals with the full faith clause. ONLY section 3 was ruled unconstitutional.

    40. Re:What now? by Anonymous Coward · · Score: 1

      The 10th amendment still exists?

      I thought we went from 9 straight to 11 now.

    41. Re:What now? by Rich0 · · Score: 1

      Drivers licenses are state issues as well, and the rules and ages for obtaining them vary by state. However, if a 16 year old is issued a driving license in one state it will be recognized in states where you have to be 18 to drive. That's what the Full Faith and Credit clause is for - preventing the complete chaos that would occur if you had to basically apply for a visa to cross a state line.

      Now, for things that are typically renewed like most licenses you do need to apply to the state you are living in, and things like professional licenses are usually limited to the state they are issued in.

      It really doesn't make sense to treat marriage as something that varies by state. Of course, being the libertarian that I am I'd just as soon not have the government recognize marriage at all, or convey any benefits to anybody based on their state of being married. If you want to let people living at the same address combine taxes, great- just don't base that on some kind of certification that they have some particular kind of relationship. If the baptist church wants to issue marriage certificates and the catholic church wants to call them heathens and say they aren't really performing genuine marriages(TM), let them argue all they want. Get the government out of the marriage business.

    42. Re:What now? by Anonymous Coward · · Score: 0

      Nothing is being deprived. You may live with whom ever you wish, however the people of the state decide what kind of legal unions that they will recognize. Slavery is forbidden by the Constitution. Laws against inter racial marriage would fall under rights of equal protection. I think it sucks, but for the moment, this is how it is.

    43. Re:What now? by tilante · · Score: 1

      This is not a right of the states, though. The Constitution states that "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State." Thus, if you have been married in one state, every other state must recognize your marriage - that's the "full credit".

      Further, it states that "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." That is, no state can choose to take away the rights that the states in general have agreed that citizens have.

      The states in ratifying the Constitution agreed to these terms. They gave up certain rights in order to join the Union. It's no different from a person entering a binding contract - the states have to play by the rules they agreed to.

      DOMA attempts to say that the states don't have to obey these provisions of the Constitution when it comes to marriage. The people putting DOMA forward seem to have forgotten that the Constitution overrides any contradictory law, and the only way around that is to amend it.

    44. Re:What now? by Anonymous Coward · · Score: 0

      No one in Alabama has owned slaves in almost 150 years. The vast majority of people down with owning other people are dead. Just yesterday the supreme court decided it is time to give it and other states with a poor record on civil rights a chance to shed this harmful stereotype and prove their progress.

    45. Re:What now? by LocalH · · Score: 1

      Well, I'm sort of making a bit of a leap there based on the Full Faith and Credit Clause of the Constitution. States must respect the "public acts, records, and judicial proceedings of every other state." However, doing some further reading, it seems that the SCOTUS only overturned section 3 of DOMA, which prevents the federal government from recognizing a same-sex marriage. Section 2, which allows states to basically violate the Full Faith and Credit Clause, still stands, so I was mistaken in my original comment. Baby steps...

      --
      FC Closer
    46. Re:What now? by LocalH · · Score: 1

      I'm with you there. The Federal government has gotten fat and lazy, and it's time we return proper rights to our states and leave the Feds to deal with interstate matters, as they were intended to, and get them the hell away from intrastate affairs.

      --
      FC Closer
    47. Re:What now? by LocalH · · Score: 1

      I brought up cannabis legalization as it's tangentially related - instead of states trying to use laws to restrict the rights of others, we have a Federal government which I'm surprised hasn't already tried to fight these state laws at the behest of the DEA. It's an example of "states' rights" that, when exercised by the states, does not deprive anyone of their rights, contrary to popular belief that "states' rights" is just a code word for discrimination.

      --
      FC Closer
    48. Re:What now? by Anonymous Coward · · Score: 0

      Slightly off-topic, but there are a large number of states that recognize other states concealed carry permits. It's called reciprocity, i.e., a state will agree to recognize another states permits if that other state in turn recognizes theirs.

    49. Re:What now? by EuclideanSilence · · Score: 1

      Say you have a same-sex marriage in a state that recognizes it or a country that recognizes it. Now you move to Alabama. Are you unmarried? And can Alabama still discriminate against your marriage? Or does this just apply to the federal government?

      US Constitution Article 4 Section 1

      Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

      So in Alabama, Constitutionally, you are married. How you have to prove it to Alabama is a matter for the federal congress.

      Now what it actually is in practice, I don't know, IANAL.

    50. Re:What now? by quacking+duck · · Score: 1

      This is where States rights come in and the Federal governments rights stop. Well, it used to be that way. Because of Federal dollars luring the States to follow what the Federal govt wants done, States rights are becoming fewer and fewer.

      You make it sound like states have a choice whether to accept the money or not. If this is the case, then a state that's taking significant amounts of money from the feds can't really complain when there are conditions attached.

      I know it's more complicated than this, e.g. states want something back from what their residents paid in federal taxes, because those obviously aren't just going to pay for representation in Washington and protection by the US military... but can you give some examples where states are somehow "forced" to accept funding?

    51. Re:What now? by bill_mcgonigle · · Score: 1

      Not certain the argument that 'freedom of movement' equates to 'automobile license' would hold up in court.

      The UN didn't intend that people go bushwhacking to get from place to place. Many of the roads where I am were privately built and then seized by the State in the 1800's. Heck, here there are even roads between towns that were taken over for the Interstate system, removing even the ability to walk or bicycle between places without a motor vehicle. Some houses are off exits that go nowhere but the side roads of what used to be State highways. They either drive cars or they cannot buy food or go to work.

      Besides the UN, there are also rights of free association and assembly that are infringed by the driver licensing system. That's one trouble with having a limited government take over functions of society - it cannot infringe rights in its management of those assets. Own a private road? Sure, let whoever you want on it or not on it. Government road? Rights cannot be infringed in the supervision of it without due process of law. Well, at least in the America that was designed to protect natural rights, not what we have left of its bloody corpse.

      --
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    52. Re:What now? by Calydor · · Score: 2

      for six months AND be at least 17 before you can even take the test.

      have to be 21 (age discrimination) and have been a licensed driver for at least three years (understandable).

      I'm sorry, what's 17.5+3? Sounds like 21 is that result rounded up.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    53. Re:What now? by CanHasDIY · · Score: 1

      That strikes me as a tad bit more restrictive than calling a driver's license a 'privilege.' (A privilege now required to vote in Texas.)

      No it's not - you can use a state-issued non-driver's ID just the same.

      Not that I necessarily agree or disagree with the concept, just pointing out that you can acquire a 'voting ID' without ever learning how to drive.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    54. Re:What now? by jfengel · · Score: 1

      It's hard to imagine that section being considered constitutional. I suspect that there is already some case working its way through the federal system where somebody with an out-of-state same-sex marriage is suing for recognition. I know that Texas has already refused to grant a divorce in those circumstances; I don't know if it's been filed in a federal court.

      It's unfortunate that such a blisteringly obvious conclusion will require the Supreme Court to inform backward states who don't want to believe it, and that this will take years and still result in a 5-4 decision.

    55. Re:What now? by Dahan · · Score: 1

      That strikes me as a tad bit more restrictive than calling a driver's license a 'privilege.' (A privilege now required to vote in Texas.)

      That's not actually true--you definitely don't need a driver's license to vote in Texas.

    56. Re:What now? by Anonymous Coward · · Score: 0

      how do you define the household? what about a spouse that its working abroad for a longer period and dies, he dont live anymore in that household do the widow lose any right?

    57. Re:What now? by Anonymous Coward · · Score: 0

      What' a matter h4r?

      Afraid you can't butt fuck your brother?

      Your lack of knowledge of our system of government is pretty funny. Doesn't Alabama have school past the 6th grade?

    58. Re:What now? by sycodon · · Score: 1

      If that were the case, then my concealed carry permit, granted in Texas, would be applicable to MA.

      Since that isn't the case, then I expect the issue is more complicated than it looks.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    59. Re:What now? by Migraineman · · Score: 1

      Yes, but drivers licenses, automobiles, and roadways are all things that the Federal government has has a hand in homogenizing across the States. Federal highway funding has long been used in the carrot/stick relationship to coerce States into conformity. I'm not saying that's always a bad thing - I do appreciate that all the roads in the US are basically marked the same. Similarly, the IRS has been used to "motivate" behavior where mandates are not allowed. "If you buy a house, you may deduct your mortgage interest from your gross income." Honestly, I would prefer that "married filing jointly" and "married filing separately" would result in the same tax burden, as my married status and filing method should not affect my tax burden. Yes, things get complicated when dependants are involved. Would be easier to just tax everyone, kids included, as individuals. Period. But you can't use the carrot/stick method with that ...

      ObamaCare is going to add fuel to the fire. Federal regulations on top of an already over-complicated state-level bureaucracy is a recipe for disaster. I can imagine a situation where same-gender couples co-habit for enough time for the Fed to declare them common-law "married" for ObamaCare purposes, but the State they reside in doesn't recognize the common-law-union, so the locally administered healthcare regulations conflict. That ought to be extremely not-fun.

      In my personal fantasy-land, government would be orthogonal and internally-consistent.

    60. Re:What now? by ganjadude · · Score: 1

      the same way they decide if you live at said house. by your mail. if you get mail sent to your house, its safe to say you are a part of said household

      --
      have you seen my sig? there are many others like it but none that are the same
    61. Re:What now? by RoverDaddy · · Score: 1

      The Supreme Court ruled in 1967 that state laws against mixed-race marriage are unconstitutional. That decision immediately nullified all such laws (even if the states didn't take them off the books, as in Alabama which didn't repeal the ban until 2001, it doesn't matter).

      Someone might say, 'well I don't see anything in the Constitution that guarantees the right to mixed-race marriage', but that opinion, or even that of Congress or the President, is not what matters. The role of the Supreme Court was established in the early 1800's as the final arbiter of what the words in the Constitution actually mean.

      http://en.wikipedia.org/wiki/Anti-miscegenation_laws_in_the_United_States

      http://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States

      http://en.wikipedia.org/wiki/Judicial_review_in_the_United_States

      --
      RETURN without GOSUB in line 1050
    62. Re:What now? by SoupGuru · · Score: 1

      You'd think that the rest of DOMA's days are numbered now.

      How does this work? Do the other parts of DOMA have to be challenged to get rid of them? I can't imagine the Court saying "You can't treat gay marriages differently" and then allow the states to treat marriages differently. The states still have to do what's constitutional.

      --
      What doesn't kill you only delays the inevitable
    63. Re:What now? by Anonymous Coward · · Score: 0

      The 14th amendment would (largely because it was designed to keep southerners from being dickheads again) make that more difficult.

      FTFY.

    64. Re:What now? by RoverDaddy · · Score: 1

      Actually the court decision still allows one state to refuse to recognize the same-sex marriages performed in another state. The decision only ruled against the portion of the law allowing the Federal Government to not grant rights and benefits to same-sex partners legally married in their home state.

      So, basically the overall effect of the decision is: Legality of same-sex marriage is still each state's right to decide, but the Federal Government must abide by the rules of each state which ever way it goes.

      http://en.wikipedia.org/wiki/Defense_of_Marriage_Act

      --
      RETURN without GOSUB in line 1050
    65. Re:What now? by Anonymous Coward · · Score: 0

      Man you are bloody stretching it. That's as bad as people arguing that an increase in the price of postage is a violation of 1st amendment rights.

      Until somebody passes a law saying you can't -walk- to another state, or pay a taxi, fly in a plane, or get in a bus, or ride with a friend, or do anything besides drive, the idea that not granting a driver's license somehow violates your right to 'freedom of movement' is total bull.

      Are you a 'Sovereign American Citizen' by chance? Good luck with that.

    66. Re:What now? by SoupGuru · · Score: 1

      The federal government has to recognize gay marriage because NOT doing so is unconstitutional.

      The states have to follow the constitution too.

      --
      What doesn't kill you only delays the inevitable
    67. Re:What now? by Reverand+Dave · · Score: 1

      That's why we needed the civil rights act in the first place. Now we're going to need a marriage rights act to make the backwoods hillbilly assholes in 'Murica to forcibly recognize that Marriage is Marriage regardless of the sex of the people involved.

      --
      I got here through a series of tubes
    68. Re:What now? by meglon · · Score: 1

      Amendment 9
      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      Amendment 10
      The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

      No, it's a right of the people. Here's another little thing that the anti-United States people seem to miss:

      at the very end of Article 1, section 8:

      To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

      So this whole stupid fucking notion of EXPLICITLY written in the constitution crap is just a bullshit line used by people who've never read the constitution, told to people apparently too damn stupid to read the constitution. You want the original intent of the country? That's easy:

      We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    69. Re:What now? by Anonymous Coward · · Score: 0

      That is not true. Part of the requirements of the statehood i that they recongnize the legality of NJ to grant the licenses and accept them as long as the drivers are obeying the current states laws (not the NJ laws)

    70. Re:What now? by meglon · · Score: 1

      We have a federal government the way we do, based on the constitution, because the whole strong states rights/ weak federal government confederacy thing was an abject failure. It's too bad people don't bother to read history before using thee stupid talking points.

      http://en.wikipedia.org/wiki/Articles_of_Confederation

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    71. Re:What now? by Anonymous Coward · · Score: 0

      So states have the right to deprive people of rights?

      Can Alabama decide to have slaves again? Can they stop inter racial marriage?

      The Constitution says that STATES define what is required for marriage. As an example, different states forbid different levels of consanguinity (some states allow first cousins to marry!). Some states require different medical exams for it to issue a marriage license (California requires blood work, Utah does not).

      States also run the elections, setting the requirements for casting a ballot. Different states require different levels of identification (I have to provide a photo ID and something to prove my address). Some states put in rules that were so outrageous that federal laws were created requiring the federal government to approve any changes. If states' requirements for a marriage license also seems to go against unalienable rights, then the federal government may step in again.

    72. Re:What now? by Anonymous Coward · · Score: 0

      So a state is not required to recognize a divorce performed in another state if the spouses are of the same sex?

    73. Re:What now? by Antipater · · Score: 1

      Do the other parts of DOMA have to be challenged to get rid of them?

      Yes, exactly.

      The court's judgment was that, in almost all cases, definitions of marriage fall to the states, not to the federal government. The only time the federal government can step into marriage is to invalidate a state law that denies equal rights, as in Loving v. Virginia. DOMA Section 3 did the opposite: the federal government was invalidating a state law that granted equal rights. Without getting into legalese details about levels of scrutiny, the court said that DOMA Section 3 overstepped the federal government's bounds for no good reason by getting into state business.

      Rather than overrule the states, Section 2 of DOMA specifically upholds the power of the states to define marriage. It therefore isn't a federal overreach by the line of reasoning used above to overturn Section 3. While state laws against same-sex marriage may be unconstitutional, this was not the court case to say that. It will take a plaintiff who has been specifically harmed by Section 2 to get that conversation going. And given that Section 2 grants the states the power that the court already says they have, that'd be a much harder case to argue. A better idea would be to challenge the constitutionality of a state ban directly, and use Loving as precedent.

      --
      Everything is better with chainsaws.
    74. Re:What now? by kenaaker · · Score: 1

      The question of what section of DOMA was covered by the ruling may be academic. The Justice Department wasn't enforcing DOMA before. I'd be very surprised if they started enforcing separate pieces of it now.

    75. Re:What now? by rjstanford · · Score: 1

      Say you have a same-sex marriage in a state that recognizes it or a country that recognizes it. Now you move to Alabama. Are you unmarried? And can Alabama still discriminate against your marriage? Or does this just apply to the federal government?

      I believe that the state will be required to recognize your marriage, just as today if you marry someone in a state where, for example, the age of consent laws are more permissive than your own state that the state will recognize it just fine.

      That's what makes this such a sham. All of these issues already exist, and they've already been dealt with.

      --
      You're special forces then? That's great! I just love your olympics!
    76. Re:What now? by Golddess · · Score: 1

      I'd just as soon not have the government recognize marriage at all, or convey any benefits to anybody based on their state of being married.

      Depends on what those benefits are. I would be ok without the tax benefits. But I kind of like the benefit of knowing that if I or my spouse are ever in the hospital, that that hospital will not be permitted to say "no, we do not recognize you as immediate family, you are not permitted to visit".

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    77. Re:What now? by Golddess · · Score: 1

      your observer while you're under permit can't just be a legal adult: they have to be 21 (age discrimination) and have been a licensed driver for at least three years (understandable).

      I'm not sure that counts as age discrimination. Assuming a minor does everything as soon as they are legally able to, do they keep the same license from 17 to 18, or is their license "upgraded" to a higher level at that point? In Maryland, as I understand it, we have the same thing regarding the permit observer. But 21 is also the youngest you can possibly be before having had the required license for 3 years. So it's really just re-iterating the minimum of 3 years experience thing.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    78. Re:What now? by Anonymous Coward · · Score: 0

      The federal sets the floor, the state sets the ceiling.

    79. Re:What now? by Anonymous Coward · · Score: 0

      And still fucking unconstitutional, because the Constitution says "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state."

    80. Re:What now? by geminidomino · · Score: 1

      Two different people. One is the driver, the other is the "observer" who has to be in the car when the driver only has a permit.

    81. Re:What now? by hedwards · · Score: 1

      That would be the "full faith and credit" clause. http://en.wikipedia.org/wiki/Full_faith_and_credit

      If not for years of judicial abuse by the right wing of the court, I'd be shocked that they ignored that aspect of things. Marriage certificates have always been recognized throughout the country when valid, regardless of where in the US it was issued. But because of this ruling, apparently bigamy laws aren't really going to apply to gays and lesbians as the marriage certificates aren't automatically recognized out of state.

    82. Re:What now? by Antipater · · Score: 1

      So go challenge it in court, then. It's not unconstitutional until a court says it is.

      --
      Everything is better with chainsaws.
    83. Re:What now? by Calydor · · Score: 1

      And I assume the observer went through the same process when HE was 17.

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      -=This sig has nothing to do with my comment. Move along now=-
    84. Re:What now? by Fjandr · · Score: 1

      Practically, they can discriminate.

      In theory, the Full Faith and Credit clause of the US Constitution means that a legal marriage in one State is a legal marriage in all other States.

    85. Re:What now? by Fjandr · · Score: 1

      The Full Faith and Credit Clause of the US Constitution should mean they don't have the power to pick and choose at all.

      Unfortunately, that's not how it works in the real world, since the Constitution is only recognized by the government to the extent that they can't get away with violating it in certain ways. They'll violate it in any way they possibly can get away with though.

    86. Re:What now? by operagost · · Score: 1

      While it seems impossible to have a basic license before 21 in NJ, it's possible in other states and thus, the age designation is discriminatory.

      --

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    87. Re:What now? by operagost · · Score: 1

      They specify 21 and make it clear elsewhere that it doesn't matter if the driver came from a state where this "graduated license" nonsense did not exist or the driver got his license much earlier and thus had more than three years experience already.

      --

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    88. Re:What now? by Magius_AR · · Score: 1

      The court's judgment was that, in almost all cases, definitions of marriage fall to the states, not to the federal government. The only time the federal government can step into marriage is to invalidate a state law that denies equal rights, as in Loving v. Virginia. DOMA Section 3 did the opposite: the federal government was invalidating a state law that granted equal rights. Without getting into legalese details about levels of scrutiny, the court said that DOMA Section 3 overstepped the federal government's bounds for no good reason by getting into state business.

      If marriage is "state's business", by the same definition, ANY federal subsidy or tax that is tied to marriage should be overruled on the same grounds. Otherwise, you have the federal government determining tax law based on a classification they can't even define themselves.

    89. Re:What now? by Calydor · · Score: 1

      I am curious, though, what the odds are that you'd be tutored by someone below 21 who got his license in another state.

      Of course, to me it all seems completely crazy. In my country driving instructor is a job requiring state authorization and you only ever pass a driving test through one of them. Having one of your friends 'sign off' on saying you're good to sit behind the wheel of what is essentially a two ton ballistic projectile seems insane.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    90. Re:What now? by matria · · Score: 1

      Well, if a teenaged couple hops over to Las Vegas or Yuma and gets married without all the blood tests and stuff, does California have to shut up and deal with it?

    91. Re:What now? by Golddess · · Score: 1

      Ok, I hadn't thought about that, having a "full" license per the terms of another state for 3 years, but being under 21.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    92. Re:What now? by m3000 · · Score: 1

      But Alabama doesn't care what the federal Justice department doesn't enforce. It'll still enforce it at a state level.

    93. Re:What now? by Zynder · · Score: 1

      I don't know what the odds are specifically but I know I taught 2 people how to drive when I was 20 while I was in the army. At that time I also taught many how to drive a manual transmissioned vehicle and how to drive "off road." So technically those people knew how to drive, just not a manual 6 wheel drive 2.5T truck. The first 2 came from up north though and so never needed to know how to drive because they had subways and whatnot.

    94. Re:What now? by Anonymous Coward · · Score: 0

      Don't worry. A ruling on Section 2 is coming. It concerns the case of a couple married up north, who have since moved to Texas and now wants a divorce. Texas has refused, saying they can't divorce the couple siince, under Texas law, the couple was never married.

      In other words, gay marriages are still 'less than,' and can't be exited due to 'state's rights.'

    95. Re:What now? by Anonymous Coward · · Score: 0

      Have you read "The Orphaned Right: The Right to Travel By Automobile 1890-1950" by Ralph Roots?

    96. Re:What now? by Golddess · · Score: 1

      Having one of your friends 'sign off' on saying you're good to sit behind the wheel of what is essentially a two ton ballistic projectile seems insane.

      I cannot speak for all states, but in Maryland, the friend can only sign off on your operating that two ton ballistic projectile if they are in the front passenger seat with you, which the risk is somewhat mitigated by the fact that, I believe the friend then assumes all responsibility for any mistakes that you make.

      The friend cannot sign off on allowing you to drive unsupervised though. You need to go to the DMV and take their test before the state will allow you to drive unsupervised.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    97. Re:What now? by MightyMartian · · Score: 1

      You're side lost the Civil War. High time to deal with it.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    98. Re:What now? by MightyMartian · · Score: 1

      I think soon enougnt the full question of equal protection and gay marriage will come to the court's attention.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    99. Re:What now? by Golddess · · Score: 1

      I am also not a lawyer, but the phrase "and the Effect thereof", makes it sound like Congress has the power to allow Alabama to not recognize a same-sex marriage from another state. IE, Alabama is required to accept that you have a New York marriage license, but they are not required to treat you as married unless Congress says they are.

      I do not know what that would mean, but that is how it sounds. Nor do I have any idea how that would translate to things like hospitals and other non-governmental agencies that happen to be in Alabama.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    100. Re:What now? by Jarmihi · · Score: 1

      This isn't that kind of license...marriage is not commerce, and thus has nothing to do with the commerce clause.

      --
      ~Jarmihi
    101. Re:What now? by ganjadude · · Score: 1

      plain and simple, what might matter in say utah might not matter in vermont. therefore the less federal involvement (you know as the 10th amendment of the constitution says....) the better. you dont like what your state is doing? change it or leave for a state that does do things your way. But stop pushing your beliefs on everyone

      --
      have you seen my sig? there are many others like it but none that are the same
    102. Re:What now? by Chrontius · · Score: 1

      But will the fed stop recognizing your marriage when you move to Alabama?

    103. Re:What now? by Chrontius · · Score: 1

      Bonus points if you get the NRA to fight for gay rights, and the HRC to fight for gun rights.

    104. Re:What now? by Uberbah · · Score: 1

      You know, "states' rights" doesn't equal "racism" no matter how hard you try

      That's exactly what it means. You should Google the term sometime - you wont even have to try hard.

    105. Re:What now? by Uberbah · · Score: 1

      The 10th amendment is pretty clear.

      So is the 14th. You should Google it sometime...

    106. Re:What now? by geminidomino · · Score: 1

      Not necessarily. The law says you have to be at least 17 to get your full license. It doesn't say you have to do so before your 18th birthday.

    107. Re:What now? by tbannist · · Score: 1

      I suspect that Massachussetts is legally required to recognize that you have a permit to carry a concealed weapon in Texas.

      --
      Fanatically anti-fanatical
    108. Re:What now? by cundare · · Score: 1

      They might try. But IMO, it sure would be smarmy. There's a tradition in this country of states providing "full faith and credit" to the laws of other jurisdictions. If the age of consent in Alabama is 12 and is 16 in New York, New York would recognize an Alabama marriage that involved a 14-year-old girl if that married couple moved to New York. Same-gender marriage is the only example I can think of where some states do not recognize marriages legally consummated in other states. That may begin to change.

    109. Re:What now? by Rich0 · · Score: 1

      Depends on what those benefits are. I would be ok without the tax benefits. But I kind of like the benefit of knowing that if I or my spouse are ever in the hospital, that that hospital will not be permitted to say "no, we do not recognize you as immediate family, you are not permitted to visit".

      I'd be hard-pressed to think of a situation where marriage has to enter into any kind of decision like this.

      Suppose you had a close friend that you've roomed with for 25 years. Chances are you'd want them treated as immediate family. If somebody can take the time to fill out a marriage license application they can take the time to fill out a living will.

      I'm sure there are many cases where people wouldn't want their estranged spouses treated like immediate family as well.

    110. Re:What now? by AK+Marc · · Score: 1

      16 to get permit, and permit for 6 months AND 17 minimum. The practical result of that is 17. There are a few adults that get licenses as adults, and those are the only ones practically restricted by the 6 month requirement. I got my permit on my birthday (In Texas), as it was the earliest day I could. I've found that to not be uncommon.

  3. return by jythie · · Score: 1

    So basicly we are were we were before the 'OMG Hawaii might let gay people get married!' moral panic.... states set their own marriage rules, the federal government respects state laws, and states have to respect each other's laws (was that last part covered by this decision? I am unsure on that point).

    Sounds good.

    1. Re:return by Anonymous Coward · · Score: 0

      and states have to respect each other's laws

      Only to a point... And where the laws of both states match... There was a case in Nebraska a little while back where a couple was legally married in Kansas, but lived in Nebraska... Nebraska charged the husband with statutory rape as while the couple could get married under Kansas law, they could not under Nebraska law.

    2. Re:return by cdrudge · · Score: 1

      the federal government respects state laws, and states have to respect each other's laws (was that last part covered by this decision?

      No. DOMA had 2 main parts. Part II said that states didn't have to honor other state's marriages if they didn't want to. Part III is what said that 'marriage' means legal union between one man and one woman and spouse only meant person of the opposite sex that is a husband or wife. Part III was what was struck down today.

      States are still free to say that marriage is between one man and one woman. But if they state says that a same sex marriage is a legal union, the federal government has to accept it.

    3. Re:return by cayenne8 · · Score: 2
      Why don't we just get the govt (state and feds) OUT of the marriage business?

      Marriage is a religious thing...if someone wants to get married, let them find a church to do it.

      If any 2 (or more I suppose) people want to join into some type of civil agreement/contract, then the state and feds can help with that.

      The civil union/contract should allow for wills, property sharing, etc.

      That should solve the problems, no?

      And IMHO, why should someone get a tax break if they are married or in some type of civil union?

      And please don't get into the "it encourages marriage and kids" thing. People are gonna pair bond without govt subsidies...people like to fuck, they will and that will result in kids (at least for hetero couples).

      I doubt anyone was on the brink of deciding to pledge their life to someone, or fuck without protection, and were persuaded by "You'll get a tax break for that".

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    4. Re:return by clarkkent09 · · Score: 1

      That's why it was called DOMA, but I guess we are going down your route towards the end of marriage as an institution and, as you say, unlimited fucking and changing partners and raising kids by single parents or no parents at all on a much greater scale.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    5. Re:return by Anonymous Coward · · Score: 0

      So basicly we are were we were before the 'OMG Hawaii might let gay people get married!' moral panic.... states set their own marriage rules, the federal government respects state laws, and states have to respect each other's laws (was that last part covered by this decision? I am unsure on that point).

      Sounds good.

      No, section 2 explicitly grants states the right to not recognize same sex marriages performed in other states. The dozen or so states with laws defining marriage as being between a man and a woman don't want to be forced by the federal government to recognize other unions as a legal entity.

    6. Re:return by JimFive · · Score: 1

      Why don't we just get the govt (state and feds) OUT of the marriage business?
      Marriage is a religious thing.

      Well, no, marriage has been about property rights and inheritance for a lot longer than it has been religious.

      And IMHO, why should someone get a tax break if they are married or in some type of civil union?

      Because along with the benefits of marriage come the responsibilities of marriage. You are agreeing to support the other person for, ideally, the rest of your lives. You are easing the burden on society and society rewards that by giving you a tax break.

      By the way, the tax break for being married really only occurs when one person makes a decent amount of money and the other person earns very little. In that case, you are (basically) taxed as if you each made the average which generally puts you into a lower tax bracket. If you both make the same amount of money, or both make a lot of money (even if disparate) then their is no benefit and sometimes a increase in taxes (due to deduction limits) over begin single.
      --
      JimFive

      --
      Please stop using the word theory when you mean hypothesis.
  4. Funny results reporting by smooth+wombat · · Score: 4, Interesting

    Just for the sake of shits and giggles, I took screenshots of the three big cable networks (CNN, Fox and MSNBC) about half an hour ago when the first notice came out. I wanted to see how each would report on the announcement.

    As predicted, CNN and NBC had nice big, red banners claiming the Supreme Court had a ruling and results would be forthcoming.

    Fox, on the other hand, had no notice except for a small box on the right side of their web site which, if you didn't know what to look for, you would have missed.

    Now, half an hour later, the Fox headline rules the decision is a victory for gay marriage, NOT that the law was ruled unconstitutional.

    So the next time someone whines about the liberal bias in the media, kindly remind them of the twisting of facts by the conservative media.

    NOTE: I have a moderate leaning though I do have positions which some might consider on the far side of both political spectrums so this isn't about one or the other. Just the hypocrisy of those who claim bias.

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    1. Re:Funny results reporting by jaymz666 · · Score: 4, Insightful

      At this point, anyone who doubts that Fox News is putting extremely heavy spin and lies into their "news" is just not paying attention. It's an entertainment network, not a news network.

    2. Re:Funny results reporting by WilyCoder · · Score: 3, Insightful

      Sure, if you find propaganda to be entertaining.

    3. Re:Funny results reporting by csumpi · · Score: 4, Insightful

      I don't get it. How is saying that this was a victory for gay marriage some sort of twisting the news? It _is_ a victory for gay marriage. That's what the whole thing was about. In fact it sounds like they gave you more info, because what does "DOMA ruled unconstitutional" mean to most people?

      A twist would've been FOX saying that the ruling hurts traditional family values. Or that we are all going to die.

    4. Re:Funny results reporting by Nidi62 · · Score: 2

      To be fair, CNN says nothing about the ruling in regards to constitutionality either, just their breaking news banner and the artilce title which both state "victory for gay marriage". So it's not just Fox News.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    5. Re:Funny results reporting by Nidi62 · · Score: 1

      On their website atleast

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    6. Re:Funny results reporting by cdrudge · · Score: 1

      And lately, CNN has used their banner to "break" news about just about everything.

      "Breaking news: Random person goes to the bathroom. Details soon."

    7. Re:Funny results reporting by SuricouRaven · · Score: 3, Funny

      I do.

      I'm going to have a lot of fun over the next week reading a lot of biased reports, laughing at the ridiculous hyperbole and mocking the ignorance behind it.

    8. Re:Funny results reporting by operagost · · Score: 2

      Couldn't you just as easily show this as bias toward the "left" by MSNBC and CNN? Especially since MSNBC's headline also contains "Historic win for gay marriage" and doesn't refer to the Constitution at all?

      By the way, I just checked FoxNews.com and what you say is no longer correct. The headline is up there. So what you're claiming is that if a website doesn't respond super-quickly and in the manner that you demand, they're biased?

      Your logic needs a little work.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    9. Re:Funny results reporting by Anonymous Coward · · Score: 0

      They only survive because people see it. Educate the people first!

    10. Re:Funny results reporting by s.petry · · Score: 2

      I hate to break the news to you (intentional pun?) but it's not just Fox twisting facts. Every major news agency, referred to as MSM (Main Stream Media) does the exact same thing. This includes ABC, CNN, NBC and FOX in all forms (I.E. MSNBC). The supreme court ruling that news is entertainment impacted all MSM stations, and entrenched their purpose as propaganda instead of public service journalists.

      Thankfully, there are still real journalists at work. You need to seek them out and read their articles, but they are there. The difference between MSM's now is really that some may give you just enough information to make them look unbiased. The brainwashing tactics don't change though, nor does the propaganda messages they pound the public with.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    11. Re:Funny results reporting by NatasRevol · · Score: 1

      Millions, including my parents, do.

      --
      There are two types of people in the world: Those who crave closure
    12. Re:Funny results reporting by BonThomme · · Score: 1

      I thought they were putting a news spin on their propaganda...

    13. Re:Funny results reporting by h4rr4r · · Score: 1

      So upholding civil rights is a left leaning thing?

      You really want to make that argument?

    14. Re:Funny results reporting by smooth+wombat · · Score: 1

      I was only pointing out what the 3 sites initially had to say about the impending news on the verdict AND how they presented it. Two presented big and bold headlines, "Impending Supreme Court decision on DOMA", while the third had this little, bitty blurb off to the side in small print.

      Now that time has passed, of course the sites will say something differently.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    15. Re:Funny results reporting by jaymz666 · · Score: 1

      That's kind of their point, to keep the masses that watch them entertained and misinformed. They seem to succeed at it.

    16. Re:Funny results reporting by csumpi · · Score: 0, Troll

      So what you are saying is Rachel Maddow and Chris Matthews leave their political views out of their unbiased shows? Or their bias is just more preferable to you?

    17. Re:Funny results reporting by Anonymous Coward · · Score: 0

      Some people do like to read those tabloid rags that you find in grocery stores. If they didnt they would not be on the self, they would be out of business. I personally chose not to buy that stuff.

      I just found none of the 'news' stations to be any better. They are all spin. Even online it is pretty bad. In many ways worse following the top/bottom story switch pattern. Where they say one thing in the opening 2 paragraphs (usually the opinion part) and then say something wildly different in the lower part. I however think those people should be allowed to say their piece. I just choose not to listen to them.

      When news became about ratings and 'moral good' it was no longer news. It became about agenda and product.

      Now that there is 'gay' marriage why not animals? Why not polygamy? Those groups are being 'oppressed' too...

    18. Re:Funny results reporting by Anonymous Coward · · Score: 0

      Consider this: All the content on television actually has only one purpose: to keep you in front of the television between commercials. If a network has ads, it's an entertainment network.

    19. Re:Funny results reporting by ganjadude · · Score: 1

      what facts were twisted based on what you wrote? I am sorry I just dont see any twisting. And I was doing the same thing with network TV, all 3 had the same live shot of the SC and were saying almost the exact same thing as it happened so I am a little confused on the point you are trying to make. unless you are just trying to take a cheapshot at fox news because thats the "cool" thing to do.

      --
      have you seen my sig? there are many others like it but none that are the same
    20. Re:Funny results reporting by Anonymous Coward · · Score: 0

      A bias is not the same as outright lies. Drop the petty false equivalence argument. MSNBC and FOX are no on the same level.

    21. Re:Funny results reporting by jaymz666 · · Score: 1

      Funny, I don't remember typing or thinking anything of the sort.

    22. Re:Funny results reporting by ganjadude · · Score: 1

      At this point, anyone who doubts that Fox News is putting extremely heavy spin and lies into their "news" is just not paying attention. It's an entertainment network, not a news network.

      At this point, anyone who doubts that MSNBC is putting extremely heavy spin and lies into their "news" is just not paying attention. It's an entertainment network, not a news network.

      At this point, anyone who doubts that CNN is putting extremely heavy spin and lies into their "news" is just not paying attention. It's an entertainment network, not a news network.

      FTFY

      --
      have you seen my sig? there are many others like it but none that are the same
    23. Re:Funny results reporting by SJHillman · · Score: 2

      So what you're saying is that two sites said "We Don't Have Any News Yet, But We Will Later"?

    24. Re:Funny results reporting by ganjadude · · Score: 1

      well to be fair, this really isnt that big of a deal to some 80+% of america. meanwhile we still have IRS issues between overspending and not keeping receipts the the bengazi issue, to the on going wars to the new issues in syria. Plain and simple what someone does in their bedroom is not important in the scheme of things. This to me is just a distraction from the real issues in america today

      --
      have you seen my sig? there are many others like it but none that are the same
    25. Re:Funny results reporting by Convector · · Score: 1

      How can you have a "moderate leaning?" Would "moderate" imply you're not leaning in any direction (at least not much)? I know I'm being pedantic, but that's how my day's shaping up.

    26. Re:Funny results reporting by smooth+wombat · · Score: 1

      Moderate in the sense that I fall somewhere between liberal and conservative political views. For instance, I'm pro death penalty (conservative), anti-illegal immigration free pass (conservative), actually believe what I say about free markets (unlike folks such as Kudlow and Cramer who give lip service [conservative]) and so on.

      On the other side I'm pro-abortion (liberal), somewhat pro-environment (qualified liberal in that I'm not a tree hugger but I do like clean air and water), anti-one religion for the nation (liberal), decent wages for jobs (qualified liberal in that I don't think unions should force people to pay to get a job or their wages), pro-science (liberal) and so on.

      Thus, I fall in between the two political leanings.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    27. Re:Funny results reporting by Anonymous Coward · · Score: 0

      The entire law was not ruled unconstitutional, only section 3 (federal definition of marriage). The rest of the law stands. So Fox has an accurate headline as any headline stating that DOMA was ruled unconstitutional is inaccurate.

    28. Re:Funny results reporting by geekoid · · Score: 2

      Because with their base, saying it that way riles them up. Telling them its a constitutional victory does not. Fox 'news' spine everything to make it look like the government is taking everything away, including FOXs LARGE religious viewership religion.

      This is, of course, bullshit. Many people see this as an attack on their religious beliefs.
      FOX is smart enough to set the stage and let their viewers and pundits take it from their.

      Yes I know it sounds tin foil hatty. I don't like that either, but when you compare what the AP writed and how FOX changes the story, I can't see any other conclusion.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    29. Re:Funny results reporting by Anonymous Coward · · Score: 0

      A twist would've been FOX saying that the ruling hurts traditional family values. Or that we are all going to die.

      I think the GP left those parts out solely by accident. Fox News keeps bleating on about those two old chestnuts 24/7 to begin with, so it's easy to see how the GP simply dismissed that to whitenoise by this point and didn't bring it up.

    30. Re:Funny results reporting by geekoid · · Score: 1

      I hate to break it to you, but it isn't equal.

      FOX twists and changes stories to fit their ultraconservative news base, a lot. Including taking a few lines from AP and then adding a bunch of quotes and anecdotes around it to make it seem different then what the story is saying.
      No other news MSM news outlet come close to what FOX does.

      The degree of Bias in most MSM isn't nearly as bad as you seem to think.. I don't expect everyone to spend months reviews stories to check for bias, but I do expect them to realize there are different degrees of bias.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    31. Re:Funny results reporting by cockpitcomp · · Score: 1

      I prefer MSNBC when not on an endless commercial break, but would be naive to believe them to be unbiased.

    32. Re:Funny results reporting by x_t0ken_407 · · Score: 1

      All mainstream news outlets spin and twist facts. It is not a left or right thing. Awesome anecdotal evidence, but if you didn't know that all mainstream media does this depending on which issue they're reporting, I ask you in the kindest way possible to wake the fuck up.

    33. Re:Funny results reporting by Anonymous Coward · · Score: 0

      Meanwhile there's no Slashdot story on the SCOTUS invalidating the key part of the voting rights act....no bias here, of course...

    34. Re:Funny results reporting by csumpi · · Score: 0

      > Yes I know it sounds tin foil hatty.

      You're right. It is.

    35. Re:Funny results reporting by x_t0ken_407 · · Score: 1

      And a conservative might say the same thing about the "liberal-leaning" MSM stations. Both of you are "right", or "wrong". Different stations pander to different mentalities (liberal vs. conservative). You're missing the point of the post you're replying to, unfortunately. That Fox "is more biased" is IRRELEVANT.

    36. Re:Funny results reporting by Anonymous Coward · · Score: 0

      Ok. So Fox news has a conservative bias - therefore that means there is no liberal bias in the media. Right, got it.

    37. Re:Funny results reporting by csumpi · · Score: 1

      I would not doubt that if you wrote:

      "At this point, anyone who doubts that [put any news network here] is putting extremely heavy spin and lies into their "news" is just not paying attention. It's an entertainment network, not a news network."

    38. Re:Funny results reporting by Anonymous Coward · · Score: 0

      I do.

      I'm going to have a lot of fun over the next week reading a lot of biased reports, laughing at the ridiculous hyperbole and mocking the ignorance behind it.

      I thought this was about Fox News, not MSNBC?

    39. Re:Funny results reporting by meta-monkey · · Score: 1

      For great trolling, post angry comments demanding to know who you're going to be forced to gay marry.

      Second thought, don't. The number of others with a similar, but real concern would be too depressing. Be all self-troll'd.

      --
      We don't have a state-run media we have a media-run state.
    40. Re:Funny results reporting by ganjadude · · Score: 1

      I think you see that because of your own bias more than anything else. but thats just my opinion. If we look at the facts. FOX said the same thing everyone else has said. nothing more, nothing less, but because you want to think you know what they "REALLY" are all about, you are the one twisting their words.

      --
      have you seen my sig? there are many others like it but none that are the same
    41. Re:Funny results reporting by CanHasDIY · · Score: 1

      At this point, anyone who doubts that pretty much every American media outlet is putting extremely heavy spin and lies into their "news" is just not paying attention. It's an entertainment network, not a news network.

      FTFY.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    42. Re:Funny results reporting by Capt+James+McCarthy · · Score: 1

      At this point, anyone who doubts that Fox News is putting extremely heavy spin and lies into their "news" is just not paying attention. It's an entertainment network, not a news network.

      They are all entertainment. If the "News" just gave facts and no opinion, no one would watch.

      --
      There are no loopholes. It's either legal or it's not.
    43. Re:Funny results reporting by Anonymous Coward · · Score: 1

      Um, we ARE all going to die.

    44. Re:Funny results reporting by s.petry · · Score: 1

      If I stated a fact that "those two shirts are red", you claiming "that one is more red" does not change my statement of fact. Arguing that one is more red so the other can't be red is foolishness at it's finest. The people running propaganda count on you being foolish enough to make such arguments and never see reality.

      You should make an effort to be more intelligent than them, learn to spot rhetorical fallacy, and learn to discuss topics without easy to read fallacies.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    45. Re:Funny results reporting by Patch86 · · Score: 1

      There's always the BBC. The BBC are bound by law to be unbiased (both by the laws that govern all British television news, and by their own charter). While I'm not sure if the former technically applies to US television (BBC World News America), the latter certainly does. That should counteract the "news as entertainment" ruling that plagues the rest of the American media landscape.

    46. Re:Funny results reporting by Anonymous Coward · · Score: 0

      Isn't it obvious? No one wants to have people realize we even HAVE a constitution.

    47. Re:Funny results reporting by Anonymous Coward · · Score: 0

      You forgot <smug> tags around your post. Like this:

      <smug>FTFY.</smug>

    48. Re:Funny results reporting by Anonymous Coward · · Score: 0

      You forgot <smug> tags around the last word of your post. Like this:

      <smug>FTFY</smug>

    49. Re:Funny results reporting by interkin3tic · · Score: 1

      Fox chose to frame it as a battle between gay marriage and whoever rather than "Unconstitutional law found unconstitutional."

      I agree with your point though, it's not "bias" so much as it is "Shitty journalism from a shitty entertainment channel." Fox is trying to rile people up to watch, not motivate them to be more conservative. That's just a side effect.

    50. Re:Funny results reporting by jonwil · · Score: 1

      Fox news is a more effective propaganda machine than anything that dictators like Hitler and Stalin ever had...

    51. Re:Funny results reporting by scot4875 · · Score: 1

      And a conservative might say the same thing about the "liberal-leaning" MSM stations. Both of you are "right", or "wrong".

      And the conservative would be far less "right" than the liberal would be. This stuff has been quantified repeatedly: people who watch Fox News are far less informed about nearly everything, because the station does a horrible job of actually informing their viewers of anything objectively, and because people who primarily watch Fox News don't do a very good job of exposing themselves to other voices that might actually tell them what's happening in the world. They prefer to stay in their own small echo chamber and then accuse everybody else of being in a very large echo chamber.

      Yes, there is at least some bias in everything you read. No, not everything you read has an equal amount of bias.

      --Jeremy

      --
      Jesus was a liberal
    52. Re:Funny results reporting by csumpi · · Score: 1

      This whole case was about gay marriage. The outcome was a great victory for gay marriage. So what is FOX supposed to say? Look at any other news network. All say it's a great victory for gay marriage. Some say it's an historic victory for gay marriage. Look at huffpo: DOUBLE RAINBOW.

      Please, take your tinfoil hat off.

    53. Re:Funny results reporting by interkin3tic · · Score: 1

      You miss my point: they're selling it as a fight, not reporting the news.

    54. Re:Funny results reporting by Rakarra · · Score: 1

      And lately, CNN has used their banner to "break" news about just about everything.

      It is, for some reason, very important to the news networks that they perceive as being the "first" to tell you something. The notion of waiting a few minutes to collect facts is anathema! So everything will pre-empt everything else. It's "breaking news!!" because they're on the forefront!!!

    55. Re:Funny results reporting by Anonymous Coward · · Score: 0

      Fox, on the other hand, had no notice except for a small box on the right side of their web site which, if you didn't know what to look for, you would have missed.

      BULLSHIT, Been watching the channel most of the day.

      Every damn show since I woke up at Noon today (day off from work) has had the following covered in each hour's show:

      Aaron Hernandez's murder investigation/arrest coverage.
      George Zimmerman trial updates.
      Abortion bill in my state Senate (TX) and the Dem filibuster.
      Supreme court ruling on sections of the 1965 voting rights act.
      Oh and the Supreme court DOMA ruling was the majority of time spent with several analysts debating/commenting. (from both sides)
      And a few mentioned the Paula Dean incident.

      Not sure what network you were watching but you were not watching FNC.

    56. Re:Funny results reporting by csumpi · · Score: 1

      Seriously?

      They were fighting for their rights. A legal fight. A legal battle. Ever heard any of those expressions?

    57. Re:Funny results reporting by Anonymous Coward · · Score: 0

      Look at huffpo: DOUBLE RAINBOW.

      So they're on the religious side of the issue? Rainbows are YHWH's symbol.

    58. Re:Funny results reporting by Uberbah · · Score: 1

      Couldn't you just as easily show this as bias toward the "left" by MSNBC and CNN?

      The MSNBC that has Joe "dead intern" Scarborough on for three hours every morning, or the CNN who's star "reporter" just asked Greenwald why he shouldn't be locked up for espionage? Both networks are water carriers for right wing policies and right wing politicians. Yes, that includes Democrats, who today on most issues are to the right of Reagan in the 80's.

    59. Re:Funny results reporting by samwichse · · Score: 1

      I say:
      My neighbor's wife Barbera is a dirty cheating hooker.

      You say:
      You're biased because you didn't also say my neighbor's husband John or Jim, who is also cheating on his wife.

      On top of that, he was talking about the headline news segments of Fox, MSNBC, and CNN. Not the [worthless] talking head shows.

      Sam

    60. Re:Funny results reporting by tbannist · · Score: 1

      Look at the TV News ratings. Soon enough no one will be watching anyway.

      --
      Fanatically anti-fanatical
    61. Re:Funny results reporting by tbannist · · Score: 1

      Arguing that one is more red so the other can't be red is foolishness at it's finest.

      That's actually a strawman argument. He didn't claim they were unbiased, he claimed they weren't equally biased.

      You should make an effort to be more intelligent than them, learn to spot rhetorical fallacy, and learn to discuss topics without easy to read fallacies.

      You really should not throw stones in your glass house.

      --
      Fanatically anti-fanatical
    62. Re:Funny results reporting by csumpi · · Score: 1

      Great analogy. In that case you would be just as unfairly suggesting the wife's guilt and casting the husband as a victim.

      Now the only reason you would do that is:

      1. you live next to your brother
      2. Barbera's with your boyfriend
      3. Barbera's super hot and with a neighbor other than you

      To circumvent situations like this the expression "in all fairness" was born. So you could say:

      My neighbor's wife Barbera is cheating on her husband, but in all fairness John is seeing someone on the side, too.

      (You would also avoid calling one person a "dirty cheating hooker", without finding a matching expression to the other party.)

    63. Re:Funny results reporting by shutdown+-p+now · · Score: 1

      It's fucking hilarious. They're seriously out-competing The Onion.

    64. Re:Funny results reporting by s.petry · · Score: 1

      Please don't claim strawman when presenting an absolutely false statement. Here is what they stated, but wholly fuck please learn to read and comprehend before making false claims. I hate to break it to you, but it isn't equal. . If you have doubts, go back and read their post again. Then read my comment again.

      I'm actually pretty good about not throwing stones inside a glass house, but perhaps you should be reminded of the whole pot and kettle thing.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    65. Re:Funny results reporting by tbannist · · Score: 1
      I wrote:

      He didn't claim they were unbiased, he claimed they weren't equally biased.

      He wrote:

      I hate to break it to you, but it isn't equal.

      You wrote:

      Arguing that one is more [biased] so the other can't be [biased] is foolishness at it's finest.

      and

      Please don't claim strawman when presenting an absolutely false statement.

      Your argument is clearly a strawman because the OP said they weren't equally biased and you accused him of saying they weren't biased at all. It's obvious that you failed to understand what was written before you and then you descended into belligerence and profanity to conceal your failure. Clearly, you are a paragon of rhetorical argument.

      --
      Fanatically anti-fanatical
    66. Re:Funny results reporting by s.petry · · Score: 1

      If you are not presenting a truth, your argument is irrational and illogical. That was, and is still, the case. Instead of attempting to look intelligent by using a term along side of both a formal and informal fallacy, go actually do the work.

      The person I responded to was using faulty logic. I was polite to them, showing how the logic was faulty in addition to pointing out the broken logic. You have no such excuse. Since you are trying to re-create the dialogue in a faulty fashion, I'll assume you are the same person trying to defend broken logic.

      I'll waste no more time on a person with such such as you, unless you apologize for being wrong which I would accept. Any other defense of your position is the same irrational and illogical gibberish you have thus far presented.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    67. Re:Funny results reporting by tbannist · · Score: 1

      Since you did not even attempt to refute my argument, I'll take it that you are gracelessly conceding the point.

      --
      Fanatically anti-fanatical
    68. Re:Funny results reporting by s.petry · · Score: 1

      Thick and slow? I stated very clearly that your statement contained both a formal and informal fallacy. Hence, it can not be correct. Douche.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    69. Re:Funny results reporting by tbannist · · Score: 1

      I stated very clearly that your statement contained both a formal and informal fallacy.

      Sure you did, however, that's not a proper argument. You are supposed to actually say which fallacies and how they apply. Otherwise you're no better than a little child who screams "I'm right and you're wrong because I said so". Which, considering your behaviour to date, isn't actually surprising from you.

      Douche.

      Once again, this in unbecoming behaviour from someone who wishes to present himself as a model for rhetorical argument. Rather than hurling insults because you can't form a coherent argument, you should just admit that you were wrong.

      --
      Fanatically anti-fanatical
    70. Re:Funny results reporting by s.petry · · Score: 1

      I did spell out the formal fallacy, learn to read. There is no reason to point out an informal fallacy when the formal was used prior and given. An ad hominem would not be correct for a debate, but we are not debating. You can scream untrue statements all you like, it does not somehow make them true. You can read the Wiki page for fallacy all you like, and still not understand enough rhetoric and logical skills to use the terminology that you find there. Pasting them here won't make you any more correct, when you are starting with provably false statements.

      Since you fail to understand that making false statements is a formal fallacy there is no point in discussing anything else. Labeling me as giving a fallacy based on an untruth does not make you correct, it makes you a habitual liar (narcissistic?). Yelling unfair when told you presented an untrue statement does not make your statement true. Continuing to use informal fallacy to justify your first position based in falsehood won't make you correct either.

      Those are very basic rules of logical debate, of which you seem to understand absolutely nothing about.

      If you have hurt feelings, grow up and admit when you are wrong. If you behave like an ass, expect to be treated like an ass.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    71. Re:Funny results reporting by tbannist · · Score: 1

      This isn't going anywhere. I've already shown that you distorted your opponents position and shown how your accusation of falsehood, is in itself, false.

      I don't know how you can maintain that "It's not equal" and "It doesn't exist" are logically the same statement, but if you are that devoid of understanding and so belligerent that you must constantly hurl undignified accusations and insults at anyone who dares to disagree with you, I can only conclude that it is pointless to discuss this further.

      --
      Fanatically anti-fanatical
    72. Re:Funny results reporting by Trailer+Trash · · Score: 1

      Are you saying this *isn't* a victory for gay marriage? Because my gay friends would disagree strongly with you.

    73. Re:Funny results reporting by AK+Marc · · Score: 1

      It's true. That the US definitions of liberal and conservative don't match the rest of the world and change every few years (Along with the party stances) doesn't change the fact that upholding civil rights is a liberal/left thing.

  5. Amazing by Anonymous Coward · · Score: 0

    They actually shot down a federal law!! What about the other million?

  6. So now that they can't use it as a weapon anymore by Qzukk · · Score: 4, Insightful

    Will the republicans finally pull the jesus buttplug out of their ass and start being conservatives and start getting rid of all the inheritance bullshit they've built up over the years to protect their vision of what a family is supposed to be?

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  7. NOT News For Nerds by Anonymous Coward · · Score: 0, Insightful

    Stop it now, this is just not news for nerds and does not belong on this site.

    1. Re:NOT News For Nerds by jaymz666 · · Score: 2

      It IS stuff that matters!

    2. Re:NOT News For Nerds by Anonymous Coward · · Score: 0

      The SCOTUS decision overturning Section 4 of the Voting Rights Act yesterday is also stuff that matters, but slashdot didn't post a front page story on it. As well as Fisher, or any other decision.
      Why is that? This is just an agenda pushed by timothy.

    3. Re:NOT News For Nerds by Jmc23 · · Score: 1

      Slashdot hasn't been news for nerds for quite a while now nor stuff that matters. Get your head out of the sand.

      --
      Don't complain about syntax, grammar, or spelling. There is no.hell like input on android.
    4. Re:NOT News For Nerds by Deadstick · · Score: 1

      Country music is music that country music fans like to listen to; news for nerds is news that nerds like to talk about. The reply count was 191 just now...I'd say this story makes the cut.

    5. Re:NOT News For Nerds by Bing+Tsher+E · · Score: 1

      The reply count was 191 just now..

      Unfortunately, Slashdot isn't just for nerds anymore. It got too trendy to pretend to be a nerd, and besides nerds are too good at blocking the ads. So the scope had to be broadened to encompass other forms of perversion as well. For better or worse, that's the deal.

  8. Speaking as a single person by arcite · · Score: 1

    I say, have at it. More married people the better, it helps the economy.

  9. "Right" and "Left" change places yet again by Cajun+Hell · · Score: 4, Interesting

    The "Left" once again upholds limited central government and states' rights. The "Right" once again argues (unsuccessfully) for central planning taking a larger role for the "common good" at the expense of individual liberty and states' rights to govern and set their own policies.

    Three cheers for the Left (i.e. conservatives) winning again!

    --
    "Believe me!" -- Donald Trump
    1. Re:"Right" and "Left" change places yet again by Anonymous Coward · · Score: 0

      I was unaware that equal rights were a left-right (liberal-conservative) issue. Perhaps you'll enlighten me a bit on your views?

    2. Re:"Right" and "Left" change places yet again by operagost · · Score: 1

      This is only confusing for people who still believe "liberal" and "conservative" mean what FDR called them, and that the more important political axis concerns social issues rather than the power of the state.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    3. Re:"Right" and "Left" change places yet again by Anonymous Coward · · Score: 0

      The "Left" once again upholds limited central government and states' rights. The "Right" once again argues (unsuccessfully) for central planning taking a larger role for the "common good" at the expense of individual liberty and states' rights to govern and set their own policies.

      Three cheers for the Left (i.e. conservatives) winning again!

      I think your definition of "conservatives" predates Richard M. Nixon. While modern conservatives have paid petty lip service to what you speak of, they by and large have been as bad or worse than liberals in the "central planning for the common good" doctrine.

    4. Re:"Right" and "Left" change places yet again by Phreakiture · · Score: 2

      Quite frequently, the conservative line is that they are in favour of limiting government. Interestingly enough, this line of argument goes away the second that they want the government to do something, like limiting abortion or marriage.

      Here are a couple of salient quotes from conservatives:

      "In this present crisis, government is not the solution to our problem; government is the problem. From time to time we've been tempted to believe that society has become too complex to be managed by self-rule, that government by an elite group is superior to government for, by, and of the people. Well, if no one among us is capable of governing himself, then who among us has the capacity to govern someone else? All of us together, in and out of government, must bear the burden. " -Ronald Reagan

      "As a registered conservative, this troubles me because I believe in limited government and greater freedom for all Americans." -Sean Hannity

      --
      www.wavefront-av.com
    5. Re:"Right" and "Left" change places yet again by Phreakiture · · Score: 1

      This point is very important, as both groups seem to have swapped views over the last 50 years or so.

      --
      www.wavefront-av.com
    6. Re:"Right" and "Left" change places yet again by TheNastyInThePasty · · Score: 4, Informative

      It's not a left/right axis. There is also an up/down axis. Left/Right is economic freedom, Up/Down is social freedom. Being up on the social freedom axis means you support the government staying out of your bedroom. Being right on the economic freedom means you support the government staying out of how you run your business. In this way, the Republicans are Down/Right, the Democrats are Left/Up, Libertarians are Up/Right (I'm working from an American central point here, not a world center).

      --
      The best thing about UDP jokes is I don't care if you get them or not
    7. Re:"Right" and "Left" change places yet again by Anonymous Coward · · Score: 0

      Did you read scalia's dissent? I suggest you do. His dissent is completely a rant about legislating from the bench. It starts with saying the district court was right to declare the law unconstitutional.

    8. Re:"Right" and "Left" change places yet again by squiggleslash · · Score: 1

      This comment only makes internal sense if you believe that the purpose of politics is decide how much power the government has instead of what the government should do with it.

      To put it another way: yes, Ron Paul believes that governments should only have the limited powers he agrees with, and should be deprived of those he doesn't agree with. But so did Stalin, so that's a dumb basis for determining the political leanings of any human being.

      --
      You are not alone. This is not normal. None of this is normal.
    9. Re:"Right" and "Left" change places yet again by T.E.D. · · Score: 1

      This comes from an old myth that the political right likes to tell about themselves.

      In ths story, they are the folks who stand for freedom by fighting for things like State's Rights and limited government. To everybody else, it may look like they are trying to retard social progress by grasping at any argument that can be used to prevent the government from changing old unjust laws, but that's not what's going on at all!

    10. Re:"Right" and "Left" change places yet again by Anonymous Coward · · Score: 0

      Wait, so the people of a state passing a law by referendum with a supermajority to ban gay marriage being overturned by a panel of 9 appointed-for-life jurors = victory of limited central government over central planning? Wut?

    11. Re:"Right" and "Left" change places yet again by Anonymous Coward · · Score: 0

      Conservatives are in favor of states rights, i.e. a referendum vote of the people of a state to ban gay marriage, over the power of 9 unelected federal judges. If the people of a state vote to allow gay marriage, they should be allowed to as well. As long as such laws do not violate the constitution. Reading the actual opinions of the supreme court justices are enlightening. Basically, the dissent argues that there is nothing unconstitutional about DOMA on legal grounds. The majority opinion basically ignores legal reasoning and says if you are against gay marriage you are an evil homophobe and therefore the law should be overturned.

    12. Re:"Right" and "Left" change places yet again by Anonymous Coward · · Score: 0

      The "Left" once again upholds limited central government and states' rights.

      Yeah, the "Left" has done a bang-up job with limiting central government. Between the NSA and Obamacare, I don't know what's slimmer!

    13. Re:"Right" and "Left" change places yet again by asylumx · · Score: 1

      Being up on the social freedom axis means you support the government staying out of your bedroom.

      Actually, that's usually 'down' on the political compass: http://www.politicalcompass.org/

    14. Re:"Right" and "Left" change places yet again by Anonymous Coward · · Score: 0

      Let's take that a step further. There are N axes. Let's pick some issues: abortion, gay marriage, the death penalty, federal reserve policy, privacy, Syria policy, and Afghanistan policy.

      Now. What do you call a gay couple that supports abortion rights but only in the first trimester, opposes the death penalty, doesn't want to abolish the Fed but wants to remove employment from the mandate, doesn't mind if the NSA reads their mail, wants to invade Syria and wants to pull out of Afghanistan now?

    15. Re:"Right" and "Left" change places yet again by Anonymous Coward · · Score: 0

      Who would be down left, socialists?

    16. Re:"Right" and "Left" change places yet again by chihowa · · Score: 1

      Let's take that a step further. There are N axes. Let's pick some issues: abortion, gay marriage, the death penalty, federal reserve policy, privacy, Syria policy, and Afghanistan policy.

      Now. What do you call a gay couple that supports abortion rights but only in the first trimester, opposes the death penalty, doesn't want to abolish the Fed but wants to remove employment from the mandate, doesn't mind if the NSA reads their mail, wants to invade Syria and wants to pull out of Afghanistan now?

      Unrepresented. Welcome to the club.

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    17. Re:"Right" and "Left" change places yet again by Fjandr · · Score: 1

      How did you get the idea Stalin thought the government should have limited powers? Under his government, they had the power to do anything they liked to anyone they liked with impunity. His government was not deprived of any power.

    18. Re:"Right" and "Left" change places yet again by Uberbah · · Score: 1

      To put it another way: yes, Ron Paul believes that governments should only have the limited powers he agrees with

      Ron Paul is a hack. He voted against a resolution calling for the end of genocide in Darfur not because he's supporting the genocide, but because he says (purely symbolic) resolutions are outside of Congress's delegated powers.

      Okay, fair enough. But then what part of the Constitution supports Paul's Sanctity of Life Act, which defines life as beginning at conception?

    19. Re:"Right" and "Left" change places yet again by AK+Marc · · Score: 1

      The problem with that is that I'm a libertarian. I believe in rights, personal and economic. I just don't agree with the general non-initiation of violence starting point of most libertarians, and I believe in small government, even if that means spending money on something someone doesn't like.

      Would you rather spend $100,000,000 on prisons, or $10,000,000 on Head Start and $10,000,000 on prisons? I'd rather have the lowest total expense. That's armed robbery, according to the strict "I want a smaller government, even if it means larger government" libertarians. Is walking into a place of business with an "open" sign and unlocked doors obviously open for business violent? It is to the "other" libertarians, who assert that the shopowner can throw the entrant out (initiate violence) because the person that came in invited initiated violence.

      So where to people like me sit? I think we could get by with no income tax, and no national sales tax. Just cut the military, change SS, and stop pork.

  10. but dont worry by Anonymous Coward · · Score: 1, Funny

    WE SPY ON EVERYONE EQUALLY

  11. Re:So as it is by Anonymous Coward · · Score: 0

    I'll marry your face to my fist if you don't stop your trolling. I'm allowed since I'm an honest-to-Bob preacher.

  12. Good! The US should stay out of it. by jonnythan · · Score: 5, Informative

    This is great. The majority opinion repeatedly makes the point that DOMA stepped on states' toes specifically to HARM a certain group, instead of help it, and that was unconstitutional. The US shouldn't be in the business of denying rights to citizens that states want them to have.

    "DOMA’s avowed purpose and practical effect are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the states."

    "When the State used its historic and essential authority to define the marital relation in this way, its role and its power in making the decision enhanced the recognition, dignity, and protection of the class in their own community. DOMA, because of its reach and extent, departs from this history and tradition of reliance on state law to define marriage"

    "DOMA seeks to injure the very class New York seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the Federal Government."

    Anyway, this is great. People think that preventing gay marriage is somehow taking a stand against homosexuality or something. News flash: gay couples live as married couples whether you like it or not. The only thing banning the marriage certificate does is punish them for being gay, which is ridiculous beyond belief.

    1. Re:Good! The US should stay out of it. by Anonymous Coward · · Score: 0

      This is great. The majority opinion repeatedly makes the point that DOMA stepped on states' toes specifically to HARM a certain group, instead of help it, and that was unconstitutional. The US shouldn't be in the business of denying rights to citizens that states want them to have.

      That's good to hear. Can we also count on your support to eliminate all race- and gender-based affirmative action programs such as quotas, preferences and set asides? For example, if a state university wants to enforce a color-blind admissions policy, the federal government should butt out of it?

    2. Re:Good! The US should stay out of it. by Anonymous Coward · · Score: 0

      And Utah should stay out of California.

  13. Distracts from unlimited surveillance by Anonymous Coward · · Score: 1

    Nothing distracts the sheep from the unlimited surveillance than homosexuality and abortions.

    HEY LOOK GAY SQUIRREL!

    1. Re:Distracts from unlimited surveillance by jbeaupre · · Score: 3, Funny

      I'm going to go out on a limb and assume that homosexuals, especially married ones, get very few abortions. Which should make conservatives happy.

      --
      The world is made by those who show up for the job.
    2. Re:Distracts from unlimited surveillance by Anonymous+Psychopath · · Score: 1

      Nothing distracts the sheep from the unlimited surveillance than homosexuality and abortions.

      HEY LOOK GAY SQUIRREL!

      You do realize that the dates of SCOTUS decisions are known months ahead of time?

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

  14. Re:Sorry by jaymz666 · · Score: 1

    stuff that matters.

  15. Re:Sorry by oodaloop · · Score: 1

    this is supposed to be 'news for nerds'

    Where does it say that?

    --
    Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
  16. Gay Weather by Anonymous Coward · · Score: 0

    Get ready for more hurricanes as a result of this decision

  17. Justice Kennedy's statement by operagost · · Score: 1

    The first half of Kennedy's statement is wholly pointless; it's not the federal government's job to decide what is or isn't disrespectful to the people. That attitude is what gets us into problems like this in the first place. The second half is the part that matters: the federal government has no business arbitrarily telling States what laws they may enact unless said laws remove the rights of the people: life, liberty, and property.

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
    1. Re:Justice Kennedy's statement by geekoid · · Score: 1

      "life, liberty, and property."
      and? and? come on it's in the constitution..

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Justice Kennedy's statement by Anonymous Coward · · Score: 0

      Double miss. What you are thinking of is in the Declaration of Independence. The founding fathers in that section were summarizing the work of John Locke combined with a utilitarian perspective to end up with what they did. John Locke thought the inalienable rights were life, liberty, and estate (i.e. property).

  18. Re:Sorry by kiriath · · Score: 1

    Yes but still in the context of 'news for nerds'.

  19. You're right by arcite · · Score: 4, Funny

    Most readers of Slashdot are introverted, basement dwelling, pale skinned, nocturnal beasts - the prospect of a spouse who makes them get a haircut, put out the trash, and stop dressing like a slob, is probably the most horrible thing imaginable! Run away!

    1. Re:You're right by Bing+Tsher+E · · Score: 1

      The deciding measure, though, is whether they wank to same-sex or opposite-sex porn. Or both. Or human-animal porn. That's all sexual preference, ya know.

  20. Re:Sorry by kiriath · · Score: 1

    Slashdot: News for nerds, stuff that matters

    In the title?

  21. Good by Anonymous Coward · · Score: 1

    Nobody's free until everybody's free.

  22. Stuff that matters. by Anonymous Coward · · Score: 1

    This really isn't news for nerds......

    1. Re:Stuff that matters. by fyngyrz · · Score: 2

      It's news for everybody, including nerds. I'm straight, and I was pleased to see it here. You are free to not read any story that you're not interested in. For you to advocate kicking stories off smacks of interest -- not disinterest. Perhaps a little examination of your own motives is in order.

      --
      I've fallen off your lawn, and I can't get up.
    2. Re:Stuff that matters. by geekoid · · Score: 1

      I an an advocate of gay rights. Have been for a long time. Family member swill no longer speak to me, unless they are telling me how I will burn in hell.
      I am Atheist, I have no religious dog in the show.

      I am not happy it's here. I prefer the news that mattes stick with nerd sub culture, not wide spread issues I can read anywhere else.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:Stuff that matters. by fyngyrz · · Score: 1

      Are you under the impression that if story A is here, story B is not?

      I'm not sure that's how it works.

      But in any case, I'm pretty sure the homosexual / straight distribution of nerds is the same as everyone else, pretty much. It really *is* news for nerds.

      --
      I've fallen off your lawn, and I can't get up.
    4. Re:Stuff that matters. by Rakarra · · Score: 1

      Are you under the impression that if story A is here, story B is not?

      It might be. Does Slashdot run 100 stories a day? Why not? At some point there is a cutoff point where they decide to run roughly a certain number of stories a day. If you include some, you'll eventually bump off some others not considered "important enough."

    5. Re:Stuff that matters. by nessman · · Score: 1

      News for gay nerds?

    6. Re:Stuff that matters. by fyngyrz · · Score: 1

      Makes sense. Guess I'm still in favor of it being here, though. :)

      --
      I've fallen off your lawn, and I can't get up.
  23. Re:Shocking, antidisestablishmentarianism . by Jarmihi · · Score: 1

    Marriage can be either or both a religious activity or a civil one. There are civil benefits for being married. Put simply, if marriage was not a civil thing, there would be no regulation at all on it.

    --
    ~Jarmihi
  24. Re:Sorry by sribe · · Score: 1

    this is supposed to be 'news for nerds'

    This site is not, nor has it ever been, only news for nerds. To claim otherwise is bullshit, pure and simple.

  25. Re:Shocking, antidisestablishmentarianism . by jaymz666 · · Score: 3, Insightful

    A wedding may be a religious ceremony. Weddings happen without religion and happened long before religion.
    Marriages too.

  26. Marriage is none of the government's business by schwit1 · · Score: 4, Insightful

    If 2 or 3 or 10 consenting adults wish to share their lives, so be it. Beyond the emotional component of marriage, which the government can add no value, the rest should fall under contract law.

    1. Re: Marriage is none of the government's business by Anonymous Coward · · Score: 1

      I too believe that when my parter is sick in hospital I should run a copy of our contract past their legal department to make sure it fits their standards and permits me access to them.

      Christ, the obsession some people have with making everything into a subset of contract/property law is disturbing.

    2. Re:Marriage is none of the government's business by csumpi · · Score: 1

      > If 2 or 3 or 10 consenting adults wish to share their lives, so be it.

      Nothing stopped adults from sharing their lives yesterday and nothing is stopping them today. But you kind of lost me past 2.

    3. Re:Marriage is none of the government's business by Bing+Tsher+E · · Score: 1

      Tossa few horses, sheep, and goats into the mix, and you have the makings of a spectacle. Or, at least, a circus of some sort.

    4. Re:Marriage is none of the government's business by Anonymous Coward · · Score: 0

      But you kind of lose that whole "consenting" thing, as consent of animals cannot be determined.

    5. Re:Marriage is none of the government's business by schwit1 · · Score: 1

      http://bigstory.ap.org/article/sister-wives-family-challenges-utah-bigamy-law

      While all states outlaw bigamy, some like Utah have laws that not only prohibit citizens from having more than one marriage license, but also make it illegal to even purport to be married to multiple partners. Utah's bigamy statute even bans unmarried adults from living together and having a sexual relationship.

    6. Re:Marriage is none of the government's business by geekoid · · Score: 1

      And when to demonstrably harms society?
      And I mean demonstrated at a scientific level, not some opinion based on some old book.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    7. Re:Marriage is none of the government's business by csumpi · · Score: 1

      And we both know there is a reason for that.

    8. Re:Marriage is none of the government's business by meta-monkey · · Score: 1

      But why do you hate marriage, families, America, and gays?

      --
      We don't have a state-run media we have a media-run state.
    9. Re:Marriage is none of the government's business by quacking+duck · · Score: 1

      I believe there's benefits to it when tax time comes around, including a sort of averaging of incomes which can lower the family's overall tax rate. There's also division of assets if you divorce, and someone mentioned a case of enormous tax burden due to death of their partner because the union wasn't recognized (there was no link to source so I don't know the details).

      So clearly the government does add some value to a recognized marriage. If the government didn't grant any benefits whatsoever to married people or those in common-law relationships, that'd be an entirely different thing.

    10. Re:Marriage is none of the government's business by Bing+Tsher+E · · Score: 1

      Believe me, if you've ever tried to give a cat a bath (a cat ridden with fleas, mind you, not an arbitrary act of cruelty) animals can be very good at asserting a lack of consent.

    11. Re: Marriage is none of the government's business by Anonymous Coward · · Score: 0

      I too believe that when my parter is sick in hospital I should run a copy of our contract past their legal department to make sure it fits their standards and permits me access to them.

      Why wouldn't you do this ahead of time? It wouldn't be difficult at all to keep a list of cleared visitors with your insurance company. It seems like you're manufacturing practical issues, assuming that there's no way we could possibly adapt.

      Christ, the obsession some people have with making everything into a subset of contract/property law is disturbing.

      (Emphasis mine) Your hyperbole is disturbing.

    12. Re:Marriage is none of the government's business by Anonymous Coward · · Score: 0

      animals can be very good at asserting a lack of consent.

      How would they assert their consent (or lack thereof) to marry? Or even understand what marriage means?

    13. Re:Marriage is none of the government's business by oxdas · · Score: 1

      If marriage was simply a legal contract, then only those eligible to enter into legal contracts could participate. In our society, animals are not allowed to enter into contracts, therefore, they could not marry. Likewise, children cannot enter into legal contracts and, therefore, could not marry either.

    14. Re: Marriage is none of the government's business by Anonymous Coward · · Score: 0

      And how would that be any more difficult than locating your marriage certificate?

    15. Re:Marriage is none of the government's business by ImprovOmega · · Score: 1

      Bigamist relationships are either inherently unstable or stable only due to the utter subjugation of the majority of the participants.

      If you have four people in an equal arrangement then you have 6 relationships to maintain (K4 graph, 6 connections), whereas with a couple you only have 1 (K2 graph, one connection). Now if you subjugate the other three partners you have a hub and spoke model, which makes it a tree with 4 nodes and there's exactly three relationships to maintain. This would ordinarily imply a linear increase in maintenance difficulty, but since we're assuming subjugation (i.e. only the man matters and the wives are subservient to him) you only have to worry about the center holding and it approximates the difficulty in a single relationship.

      Now either one of these models is not conducive to the stable environment desired for the raising of children. Either the construct is extremely likely to break up (equal treatment) or the kids are taught that women are to be treated like shit (subjugation model).

      To examine the problem with the equal treatment model we turn to statistics: if the divorce rate is 50% and we can assume that holds for every relationship in the equality model then we have a 50% chance of divorce with two people, but with three there are three relationships to maintain (AB, AC, BC) so the odds of divorce are (1.0 - (0.5^3)) = 87.5%. With 4 people there are 6 relationships so the odds are (1.0 - (0.5^6)) = 98.44% and with 5 people there are 10 relationships so the odds increase to 99.90% that someone will leave. You quickly approach a virtual certainty of instability. And let's not even get started on how custody would be managed.

      Oh and one last one: if you do somehow attain a meta-stability you end up turning marriage into a corporation with an indefinite lifespan. There is no inheritance or passing on of possessions because the marriage never ends. And because personal property laws are all predicated on the theory that the marriage union ends at some point, you have another massive legal headache with inheritance and perpetual ownership.

      This is a bit of a tangent because it doesn't really concern the immediate issue of gay marriage, but if we keep on with the redefining this is most likely the next debate to be had. And this one has some solid fact-based arguments against it.

    16. Re:Marriage is none of the government's business by AK+Marc · · Score: 1

      I have never seen the topic of gay marriage come up without someone else bringing up polygamy or bestiality. The real reason is that the legal concept of marriage in the US doesn't allow for multiple partners. And given that most uses of it is multiple women with one man, it seems unequal by definition.

  27. Re:So now that they can't use it as a weapon anymo by Anonymous Coward · · Score: 0

    Will the republicans finally pull the jesus buttplug out of their ass and start being conservatives and start getting rid of all the inheritance bullshit they've built up over the years to protect their vision of what a family is supposed to be?

    You're wrong. True REPUBLICANS don't exist anymore in the US of A. They disappeared ages ago.
    What we have now are republitards, ignorant, clueless idiots that pander to other idiots. They have no political, economical or social culture.

  28. Marriage penalty... by Anonymous Coward · · Score: 0

    The marriage penalty should apply equally to all. Actually, it should be abolished. Two higher earning people getting married pay *more* tax than the same two people committing to one another without the government's blessing.

    Gays have had the option of legal marriage (and its benefits) without being subject to the marriage penalty. Straight people could have a ceremony but would need to "forget" about the marriage license in order to avoid paying the marriage penalty.

    I don't begrudge gays this (limited and possibly short-lived benefit) -- they've had enough to deal with in regard to marriage rights.

    1. Re:Marriage penalty... by Anonymous Coward · · Score: 1

      Two higher earning people getting married pay *more* tax than the same two people committing to one another without the government's blessing.

      You don't have to file jointly just because you are married. There's no 'marriage penalty' because it's completely up the couple whether they want to file jointly or separately. So if filing jointly is worse, then file separately.

    2. Re:Marriage penalty... by bdenton42 · · Score: 1

      There most certainly is a marriage penalty. Only the 10% and 15% brackets are identical between the married filing seperate and single. This year a married couple with roughly equal incomes totaling over $146,400 will pay a penalty over filing as two singles.

    3. Re:Marriage penalty... by shentino · · Score: 1

      "married filing separately" deprives you of the EIC and a few other tax credits and deductions IIRC.

      If you try to file as single to avoid those penalties, you get tossed in PMITA for tax fraud.

  29. Re:Shocking, antidisestablishmentarianism . by geoffrobinson · · Score: 1

    This "deserve" word you are using. What are you basing that on? Anything beyond your own personal preferences?

    --
    Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
  30. Re:Shocking, antidisestablishmentarianism . by DigiShaman · · Score: 1

    Speaking of Taliban, does this mean polygamy is now legal?

    --
    Life is not for the lazy.
  31. California by Nukenbar · · Score: 1

    Still crazy that California of all places was the state to bad same sex marriages.

    As to the DOMA, it was still a cop-out by the Obama administration to refuse to defend the law and require the court to overturn it. The AG's office should defend the laws on the books and allow Congress and the courts to decide on the laws.

    1. Re:California by jandrese · · Score: 1

      California is more than the Bay Area.

      --

      I read the internet for the articles.
    2. Re:California by paenguin · · Score: 1

      The AG's office should defend the laws on the books and allow Congress and the courts to decide on the laws.

      Only if you still think it's a Federal government for the people. I think the track record shows that is no longer the case and hasn't been for a while.

      --
      We should start referring to processes which run in the background by their correct technical name... paenguins.
    3. Re:California by Anonymous Coward · · Score: 1

      Actually they handed down a ruling on prop 8 immediately after the DOMA issue. Actually, they said that the supreme court does not have jurisdiction (The prop 8 case is complicated)... Which is in line with their ruling on DOMA, effectively saying that marriage is a states rights issue.

      Effectively, they ended prop 8 because that law is dead in California.

      Prop 8 was a case of private interest buying a law. Specifically, the Morman church. They spent billions on ads and vote campaigns, and while it passed it was a colossal catastrophe for it's advocates. Made the Mormons look like gay bashing jerks when they are actually trying to soften their image and broaden their appeal, and they now publicly regret supporting prop 8. The prop 8 campaign also targeted minorities, which are usually pretty anti-gay. Brought out a HUGE minority vote.. Who vote liberal on every topic except gay rights. Republicans and republican backed initiatives got slaughtered that year.

    4. Re:California by Anonymous Coward · · Score: 0

      The executive branch has a long history of not really enforcing laws the President disagrees with as well as not defending laws the President disagrees with. It's part of that whole 3 branches of checks and balances thing. If the president had to do exactly everything Congress put into law, there would be no need for an executive branch. There would just be a Congressional Office of Administration.

    5. Re:California by Anonymous Coward · · Score: 0

      California is more than the Bay Area.

      What?!? Absurd! Next you'll be trying to tell us that there's actually PEOPLE living in the 2,000-mile-wide farmland between San Francisco and New York City!

    6. Re:California by frnic · · Score: 4, Insightful

      The President has a sworn duty to defend the constitution. If the President believes a law in unconstitutional he is required to NOT defend it.

    7. Re:California by meta-monkey · · Score: 1

      OT: I love your .sig.

      --
      We don't have a state-run media we have a media-run state.
    8. Re:California by Anonymous Coward · · Score: 0

      no it's THE Federal government OF the people.

    9. Re:California by Anonymous Coward · · Score: 0

      The President has a sworn duty to defend the constitution. If the President believes a law in unconstitutional he is required to NOT defend it.

      But, but, ... right wing brain explodes.

    10. Re:California by yoshi_mon · · Score: 1

      Still crazy that California of all places was the state to bad same sex marriages.

      Caly is a huge state in many ways. What happens there can and does make an impact nation wide.

      So it was decided by, mostly Mormons IIRC, to dump a TON of money into Prop 8 and see if they could use then that victory to wedge their religious crusade across the country.

      I'm rather happy that have ultimately failed, even if it has taken a a while.

      --

      Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
    11. Re:California by Straif · · Score: 1

      Just to clarify, the Prop 8 decision has little to do with states rights or the SCOTUS deciding they didn't have jurisdiction and more to do with the fact the plaintiffs could not show the required legal standing to present the case. They basically said all the arguments for why same sex marriage harmed traditional marriage were not valid and did not constitute harm therefore there was no one left to legally argue the case.

      If you can't prove a law specifically harmed you or someone you're representing then it's very hard to actually contest the law. This is the same grounds the courts used to pass on the federal wiretapping program a few years back. Since no one could prove they were the targets of the secret wiretapping then no one had standing to actually challenge the program.

      It's also why the current IRS and NSA scandals have a much higher chance of leading to some kind of court case than previous federal screw-ups/surveillance programs; both have identifiable aggrieved parties.

      --
      Of course that's just my opinion...... you could be wrong!
    12. Re:California by Anonymous Coward · · Score: 0

      Incorrect -
      The President has a sworn duty to defend the constitution. If the Supreme Court believes a law is unconstitutional then the president is not required to defend it.
      It is the executives job to uphold the laws set by congress/house, Its the Supreme's job to determine there constitutionality.
      When the president get's to decide what laws he wants to defend then you can just send the other two branches of the government home or to the reeducation camps depending on the whims of your Sith leader.

  32. The Problem here is not marriage by josephtd · · Score: 5, Insightful

    Again we see that the Courts are saying that citizen groups do not have standing to support laws placed on the books by their elected officials. Much as Obama refused to defend DOMA, the CA AG and Governor decided not to defend a duly passed statue. This is beyond the pale. IF you don't like a law, get it changed through the process outlined in the Federal and most State Constitutions. This imperial head of state nonsense must end. For the record, I have no objection to the outcome, I just feel there is too much wrong with the way these outcomes are coming about these days. You have no moral standing to complain about FISA, the NSA or the Patriot Act if you defend the way the executive branch in CA and the US acted and the manner SCOTUS came to this ruling.

    1. Re:The Problem here is not marriage by PPH · · Score: 2

      What our current system does is place civil rights above majority or mob rule. It doesn't matter if you can muster 51% to pass a law either through your legislature or a citizen's initiative.

      Obama refused to defend DOMA because he judged that this law wouldn't stand a SCOTUS test and he didn't want to waste time and money on useless legal action that would be overturned. It appears that he judged correctly.

      --
      Have gnu, will travel.
    2. Re:The Problem here is not marriage by Anonymous Coward · · Score: 1

      You apparently don't understand how our 3 branch system works.

      3 branches: Executive, Legislative, and Judicial

      The idea is - that any 2 of the branches can group together and override the excess or crazyness in the third. There are specific powers that allow them to do that.

      The Executive can refuse to enforce a law. And the Legislative can impeach if they feel it's warranted. The Judicial can strike down the law. The Legislative can write a new law and/or *change the constitution* which takes away that power.

      None of the methods to 'force' the other branches to obey the other are *easy* - they aren't meant to be - that's by design, to prevent threats and mob rule.

      Welcome to America - this is how it's worked from the very first day. If you really love this country perhaps you might adapt to enjoy how it actually works.

    3. Re:The Problem here is not marriage by Anonymous+Psychopath · · Score: 2

      At first I felt the same way you did, that the California Prop 8 case set a precedent that citizens could not bring challenges. That isn't what happened though; the citizens were unable to demonstrate that they were damaged, except in a hypothetical sense, and since they were not harmed they had no basis to a challenge. If, in the future, they are able to show how gay marriage has harmed them, they could appeal again.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    4. Re:The Problem here is not marriage by josephtd · · Score: 1

      Wrong. Two branches put this law on the books. Members of the executive, by even their oath of office, are obligated to follow the law.

    5. Re:The Problem here is not marriage by Bing+Tsher+E · · Score: 1

      Obama refused to defend DOMA because he judged

      See, there's the problem. Obama was elected to an Administrative position. He was not appointed a judge. You just supported the GP commenter's point.

    6. Re:The Problem here is not marriage by squiggleslash · · Score: 1

      I don't actually agree with the principle that the executive's role is defend laws, good or bad. Enforce them, yes, but it seems to be a politicized use of taxpayers money for a neutral executive to defend the constitutionality of a law, and, where officials are obliged to swear an oath to the constitution, morally abhorent too.

      --
      You are not alone. This is not normal. None of this is normal.
    7. Re:The Problem here is not marriage by Anonymous Coward · · Score: 0

      Are you saying that the Attorney General broke the law by declining to defend it in court? The state Attorney General is part of the executive branch of government...

    8. Re:The Problem here is not marriage by Anonymous Coward · · Score: 0

      So what you are saying is, that it is OK for congress to create unconstitutional laws and the only way to get rid of something that is unconstitutional would be to have it repealed? We should all be required to follow unconstitutional laws?

    9. Re:The Problem here is not marriage by Attila+Dimedici · · Score: 1

      Actually, when it comes to Proposition 8 it is worse than what you state. The Supreme Court ruled that the citizens of California (and by extension every other state) do not have standing to defend a law which was passed by popular referendum over the objections of the political establishment, which then refused to defend that law in court. This ruling pulls the teeth out of popular referendum provisions in state constitutions.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    10. Re:The Problem here is not marriage by slimjim8094 · · Score: 1

      Why would this not qualify as part of the poorly-defined system of "checks and balances"? It is the executive's business to fight the government's case, and if the executive chooses that the case isn't worth fighting, isn't that a check on the legislature passing bad laws? Furthermore, there is no such requirement of the executive in the first place - just convention. Finally, the administration asked the Congress to repeal it before this came up - they didn't.

      And you're misinformed about California. California did defend it in court, but chose not to appeal. Would you really compel them to appeal? In any case, when they didn't appeal, the citizen groups tried to do so, but the citizen groups had no standing because they weren't harmed, a basic legal principle.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    11. Re:The Problem here is not marriage by the+eric+conspiracy · · Score: 1

      Requiring the executive to defend laws established by Congress is a clear violation of separation of powers. How do you have a independent executive if it has to dance to every action of Congress?

      You can bet your sweet bippy that the Founders had no such idea in mind when they set up the Constitution.

    12. Re:The Problem here is not marriage by Anonymous Coward · · Score: 0

      Again we see that the Courts are saying that citizen groups do not have standing to support laws placed on the books by their elected officials.

      No, the ruling has nothing to do with "citizen groups." It has everything to do with showing harm.

      The group in California that challenged the state's decision not to enforce a marriage ban had no standing because the members of the group were not harmed.

      If the law had been, say, a law banning talking in the theater, then citizen groups (California Theatergoers U nited Against Assholes Talking During Star Trek: Into Darkness) have standing, because their moviegoing experience would be harmed by the state's failure to enforce it.

      If you read the decision, the Supremes basically said, "Yeah, we get that you're butthurt about gays getting hitched; that's not our job. Go rant on Twitter. Call us when those married gay people start talking during movies."

    13. Re:The Problem here is not marriage by PPH · · Score: 1

      Obama refused to defend DOMA because he judged

      Different sense of the word in this case. In our legal system its also called prosecutorial discretion. A prosecutor (at any level of government) is allowed to pass on cases that they believe (or 'judge') to be unwinnable, or likely to be overturned on appeal.

      --
      Have gnu, will travel.
    14. Re:The Problem here is not marriage by Anonymous Coward · · Score: 0

      Dont tell the conserves that, they demand an end to wasteful spending unless it is THEIR wasteful spending.

    15. Re:The Problem here is not marriage by Straif · · Score: 1

      DOMA was not deemed unconstitutional, only the portion that allowed people who are recognized as married in their home state to not be recognized as married federally was overturned. The ruling basically says if the state recognizes a union as a legal marriage the Feds must too. All other parts of DOMA remain law and none of this decision had anything to do with mob rule, pro or con.

      The Prop 8 ruling also had nothing to do with civil rights. They merely stated that since the state itself was not challenging the lower courts decision on the law and none of the parties involved could show any harm to themselves because of the law then there was no one with standing in the eyes of the court to present a case.

      --
      Of course that's just my opinion...... you could be wrong!
    16. Re:The Problem here is not marriage by Anonymous Coward · · Score: 0

      Again we see that the Courts are saying that citizen groups do not have standing to support laws placed on the books by their elected officials.

      Because the constitution of the United States of America prohibits the federal government from imposing this law upon state governments. Do you understand why we have a constitution?

    17. Re:The Problem here is not marriage by Chrontius · · Score: 1

      I'd be fairly happy if they decided not to defend the PATRIOT act, too.\

    18. Re:The Problem here is not marriage by AdamHaun · · Score: 1

      Again we see that the Courts are saying that citizen groups do not have standing to support laws placed on the books by their elected officials.

      Careful -- these are two separate cases with very different rulings. I don't think they're doing the stuff you're worried about.

      The California Supreme Court ruled that anti-gay marriage legislation violated the state constitution. Prop 8 was a California ballot initiative that created a state constitutional amendment banning gay marriage, thus overriding the state courts. Two couples that were denied marriage licenses sued in a federal district court to overturn the amendment. They had standing because they were harmed by the amendment. State officials refused to defend the amendment, so citizen groups intervened and put up their own legal defense. The district court struck down Prop 8. Then (this is the important part), the *defendant-intervenors* appealed that decision to the Ninth Circuit Court. The circuit court asked the California Supreme Court whether the intervenors had standing under California law to appeal. The California court said yes, so the Ninth Circuit reviewed the case and affirmed the decision. The intervenors then appealed to the Supreme Court. What SCOTUS actually decided was that the Ninth Circuit should never have taken the case because the defendant-intervenors were not harmed by the district court's decision, and thus had no standing to appeal. To quote from the SCOTUS decision (emphasis mine):

      The parties do not contest thatrespondents had standing to initiate this case against the Californiaofficials responsible for enforcing Proposition 8. But once the District Court issued its order, respondents no longer had any injury to redress, and the state officials chose not to appeal. The only individuals who sought to appeal were petitioners, who had intervened in the District Court, but they had not been ordered to do or refrain from doing anything. Their only interest was to vindicate the constitutional validity of a generally applicable California law. As this Court has repeatedly held, such a “generalized grievance”—no matter how sincere—is insufficient to confer standing. See Lujan v. Defenders of Wildlife, 504 U. S. 555, 573–574. Petitioners claim that the California Constitution and election laws give them a “ ‘unique,’ ‘special,’ and ‘distinct’ role in the initiative process,” Reply Brief 5, but that is only true during the process of enacting the law. Once Proposition 8 was approved, it became a duly enacted constitutional amendment. Petitioners have no role—special or otherwise—in its enforcement. They therefore have no “personal stake” in defending its enforcement that is distinguishable from the general interest of every California citizen. No matter how deeply committed petitioners may be to upholding Proposition 8, that is not a particularized interest sufficient to create a case or controversy under Article III.

      So basically they said you can't ask a federal court to intervene in state law just for fun; you have to be actually harmed to have standing. The intervenors did, however, get to make their case at the district court, and did so quite thoroughly. (Thoroughly badly, that is, but given that there's no actual case against gay marriage...)

      Meanwhile, in the DOMA case, the Supreme Court decided that the "citizen group" (actually the House of Representatives) did have standing to defend DOMA. While the Department of Justice (under Obama) did not actively defend the law, they did continue enforcing DOMA throughout the legal process, appealed each decision, and supported the House's standing. This seems to have been a deliberate strategy to give SCOTUS the final say on the law's constitutionality.

      In both cases, the executives branches refused to defend the laws because they believed them to be unconstitutional, but continued enforcing the laws until the courts made a decision. That seems like the opposite of imperial to me.

      --
      Visit the
    19. Re:The Problem here is not marriage by AK+Marc · · Score: 1

      That's what the point of the checks and balances is. You have the freedom to do anything, unless banned by the government. So someone in the government failing to enforce a law is giving you *more*, not less, freedom and power. All three branches must agree to enforce a law against the people for the law to stand. By design.

  33. Re:Sorry by Nidi62 · · Score: 2

    Nerds can't have an interest in their domestic politics? This is, after all, an American oriented site.

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  34. Re:Sorry by jaymz666 · · Score: 1

    Yes, and this IS stuff that matters in all contexts.

  35. Its sad really, by Anonymous Coward · · Score: 0, Insightful

    I'm glad this was overturned, but had the NSA leak not happened we'd be reading about the Supreme court defending DOMA right now. Make no mistake, this happened as a "Pay no attention to that man behind the curtain" distraction from the issues with the ongoing monitoring of all US citizens.

  36. Re:Shocking, antidisestablishmentarianism . by Anonymous Coward · · Score: 0

    Marriage is a religious activity, therefore how can the state discriminate on its basis? If so then the benefits should not be limited to one class. I do have serious questions about polyandry and polygamy but I can see limited the benefits to one "spouse" Anyway go fuck yourselves religious conservatives you are the American Taliban and deserve the same.

    What part of "1100+" federal benefits related to marriage do you understand to be "religious"?

  37. Only section 3: Section 2 still stands. by luciano.moretti · · Score: 5, Interesting

    Section 2 still stands, allowing states to not recognize same-sex marriages from other states. IMO a state with Same-sex marriage should pass a law where they don't recognize marriages from states that define marriage differently (AKA as "Between a man and a woman") to force the issue. Worst case you get a lot of new marriage license income as couples have to get remarried for tax/legal reasons.

    1. Re:Only section 3: Section 2 still stands. by jbeaupre · · Score: 1

      Clever, but not such a great idea.

      Right now momentum is in the direction of accepting gay marriage. One big reason given is that it doesn't affect anyone. If you start penalizing people in same sex marriages who moved to a new state, they can't change the laws of their old state, but they can influence the laws of their new state. They will have an incentive to harmonize the laws of their new state with their old one.

      --
      The world is made by those who show up for the job.
    2. Re:Only section 3: Section 2 still stands. by Uberbah · · Score: 1

      Just take up a case of a gay married couple that moves to a state that has banned it, under the Full Faith and Credit Clause.

  38. Re:Sorry by SJHillman · · Score: 1

    Newsflash: Nerds care about political issues too. Not just technology.

  39. Re:So now that they can't use it as a weapon anymo by NonUniqueNickname · · Score: 2

    Congratulations!
    JESUSBUTTPLUG.COM
    is available. Snap it up before someone else does.

    Just putting it out there...

  40. Re:Shocking, antidisestablishmentarianism . by SJHillman · · Score: 2

    You ever been to a wedding? That marriage certificate thing they have to sign, and the guy who says "By the power vested in me by the state of..."? That's the civil aspect of it. It just happens to be something where, traditionally, we combine civil and religious all in one big party. Plenty of people get married with zero religion involve. And while it's possible to have a purely religious marriage, it holds no civil rights so you never see it done because it's not recognized outside of the church.

  41. Re:So as it is by fuzzyfuzzyfungus · · Score: 1

    I'm afraid that your pet goldfish has zero (0) ring slots. Not only does this totally nerf his ability to use enchanted items, it makes marrying him more difficult.

  42. Re:It's about destroying the family by SJHillman · · Score: 2

    Obamacare has many parts to it, but as with many things (such as interstates), it's a trade off. The state agrees to how the fed wants something done and in exchange, the fed gives it a big ol' wad of cash.

    It's entirely possible for a state to build their section of an interstate differently... but then the fed won't give them any money for it. There's been a few cases of interstates not built to the fed spec and, as a result, the state has to pay for it entirely.

  43. The connection by Anonymous Coward · · Score: 1

    Both nerds and gays rarely associate with the opposite sex ;p

    On a more serious note, laws, politics, economics, and government can be seen as just another system, with engineered rules and processes.

  44. Re:So now that they can't use it as a weapon anymo by TheGratefulNet · · Score: 1

    combo deal: turntheothercheek.com for half off!

    --

    --
    "It is now safe to switch off your computer."
  45. You Don't Know What You're Talking About by eldavojohn · · Score: 2

    Anyway, this is great. People think that preventing gay marriage is somehow taking a stand against homosexuality or something. News flash: gay couples live as married couples whether you like it or not.

    You clearly have not been following this issue. This wasn't just about a marriage certificate. This was also about the thousand or so federal laws that applied only to heterosexual couples now also applying to homosexual couples that are married.

    Now they can truly be viewed as equal couples in the eyes of the federal government and, most importantly, receive the same exact treatment -- good or bad -- in the federal legislation for married couples.

    The only thing banning the marriage certificate does is punish them for being gay.

    What rock have you been living under for the past decade?

    --
    My work here is dung.
    1. Re:You Don't Know What You're Talking About by jonnythan · · Score: 1

      I am having trouble understanding your post. The parts you quoting appear basically unrelated to your responses.

    2. Re:You Don't Know What You're Talking About by eldavojohn · · Score: 1

      I am having trouble understanding your post. The parts you quoting appear basically unrelated to your responses.

      Basically your post demonstrates a failed understanding that there are many marriage laws at the federal level. To say "Good! The US should stay out of it." makes about as much sense as saying "We should have no federal laws regarding marriage." This includes laws like federal tax laws being applied to married couples.

      To recap, the federal government had to weigh in one way or another because they had a large amount of legislation that refers to "marriage." And the opposing sides in this issue actually view either ruling as the federal government sticking its nose in people's personal business. The anti-gay marriage crowd saw DOMA as the status quo and will likely view this overturning of DOMA as the federal government getting involved with dictating what is and isn't a marriage. Conversely the status quo was unacceptable to a small group.

      Ethically this is a black and white issue and DOMA should have been overturned. But saying the federal government should butt out is not so cut and dried. Your post seemed to say it's just a marriage certificate and "News flash: gay couples live as married couples whether you like it or not." This is completely the wrong way to look at this, they were not receiving the same benefits as heterosexual married couples and saying "gay couples live as married couples" shows you don't understand the significance of DOMA being overturned. Now surviving spouse benefits will apply to one member of a gay couple same as it would to a member of a heterosexual couple. And that's just one of many things that heterosexual couples were enjoying that homosexual couples could not.

      --
      My work here is dung.
    3. Re:You Don't Know What You're Talking About by Anonymous Coward · · Score: 0

      This kind of response is what gets my goat about the Slashdot crowd. Because he didn't say it exactly as you would have said it, he has therefore been living under a rock. Too many people are so quick to be angry that they lose track of all logical implication.

      No, the poster is not claiming the certificate is the issue. The poster is claiming punishment by not recognizing marriage. There is a very clear logical implication here in the post that the denial of rights is punishment. The certificate is nothing more than a symbol of said granted rights. This happens in language all of the time. A badge is nothing more than a badge, but condones rights upon the bearer.

      Recognize what is being said rather than jumping all over someone who is saying what you want them to say, just not how you would say it.

    4. Re:You Don't Know What You're Talking About by Anonymous Coward · · Score: 0

      A badge is nothing more than a badge, but condones rights upon the bearer.

      Except the OP explicitly called out the marriage certificate as the only thing punishing gays. And on top of that claimed that gay couples live together just like straight couples do whether you like it or not. This demonstrates they did not understand the challenges that federal laws posed for gay couples, like gay couples don't care that they cannot pass on benefits to their spouses because of DOMA.

      Yes, this is a distinction worth getting upset over. If you don't like people who correct you to be technically correct, you're on the wrong goddamn site.

    5. Re:You Don't Know What You're Talking About by Crimey+McBiggles · · Score: 1

      Except the OP explicitly called out the marriage certificate as the only thing punishing gays

      You must be severely limited when it comes to reading comprehension. You speak of technical correctness, but you have no legs to stand on because you're applying technical analysis to your own comprehension of what was said rather than what OP actually said.

      --
      Crimey
    6. Re:You Don't Know What You're Talking About by jonnythan · · Score: 1

      Except the OP explicitly called out the marriage certificate as the only thing punishing gays.

      ..... Huh?

    7. Re:You Don't Know What You're Talking About by jonnythan · · Score: 1

      You are completely misinterpreting the post in a really bizarre way. Gay couples live as married couples whether they have the marriage certificate or not. No, they don't get the legal benefits if they're not married but I'm talking about *how they live*. Their personal lives.

      You completely failed to understand my post, and given the other responses it's not the post's fault. Move on.

    8. Re:You Don't Know What You're Talking About by Anonymous Coward · · Score: 0

      You are completely misinterpreting the post in a really bizarre way. Gay couples live as married couples whether they have the marriage certificate or not. No, they don't get the legal benefits if they're not married but I'm talking about *how they live*. Their personal lives.

      Are social security benefits and inheritance rights somehow not part of life?

    9. Re:You Don't Know What You're Talking About by Anonymous Coward · · Score: 0

      Except the OP explicitly called out the marriage certificate as the only thing punishing gays

      You must be severely limited when it comes to reading comprehension. You speak of technical correctness, but you have no legs to stand on because you're applying technical analysis to your own comprehension of what was said rather than what OP actually said.

      So quote what he said and explain it instead of making these claims!

    10. Re:You Don't Know What You're Talking About by Anonymous Coward · · Score: 0

      You are completely misinterpreting the post in a really bizarre way. Gay couples live as married couples whether they have the marriage certificate or not. No, they don't get the legal benefits if they're not married but I'm talking about *how they live*. Their personal lives.

      Agreed. I don't know why minorities got so upset during the civil rights movement in the 60's, I mean they still lived like white people whether you liked it or not.

    11. Re:You Don't Know What You're Talking About by Rakarra · · Score: 1

      Except the OP explicitly called out the marriage certificate as the only thing punishing gays.

      No, that is exactly NOT what the OP said. Read it again. He said banning marriage certificates serves no purpose other than to punish gay people.

    12. Re:You Don't Know What You're Talking About by AK+Marc · · Score: 1

      Conversely the status quo was unacceptable to a small group.

      The status quo (the government stepping in and passing a law that affirms they won't honor the Constitution when it comes to a subset of contracts) was unacceptable to a large group, even those who don't care about gay marriage. Strict Constitutionalists everywhere thought it was a horrible and unconstitutional law. The "proper" way to handle it is to get all 50 states to pass similar laws, not to have the feds step in and usurp states rights.

  46. Simple solution to this BS debate by moeinvt · · Score: 3

    Voluntary relationships between consenting adults are none of the government's F****** business!

    It should be totally illegal for the government to discriminate against or give preferential treatment to anyone (including for tax or government benefit purposes) based on their personal relationships. Single people, married people, polygamists, homosexuals, heterosexuals or whomever, should all be EQUAL under the law.

    1. Re:Simple solution to this BS debate by Sarius64 · · Score: 2

      Great, I assume we'll see your support for overturning 100+ years of discrimination against polygamists and the restoration (with interest) of the properties confiscated from them by the state and federal governments?

    2. Re:Simple solution to this BS debate by Anonymous Coward · · Score: 1

      Actually there is serious talk about how recent gay rights wins may pave the way for polygamist marriage. The problem with polygamy is that it's often used as a mechanism of exploitation. In heavily religious polygamist communities women's roles can devolve to the point of near slavery or property (And can be used to do things like push young men out of a community). This is not always the case, however. Especially in our more modern households. Why any man would want two or more ladies nagging him to take out the trash, however, I'd never fathom.

    3. Re:Simple solution to this BS debate by moeinvt · · Score: 1

      As I said, relationships between consenting adults should be none of the government's business. If a person wants to take multiple spouses and those spouses voluntarily enter into the relationship, it should be entirely up to the people involved.

      Making up for past injustice is a huge can of worms, so I'm not going to jump on your proposal, but I would definitely support the repeal of any law banning polygamy.

    4. Re:Simple solution to this BS debate by Uberbah · · Score: 1

      Great, I assume we'll see your support for overturning 100+ years of discrimination against polygamists and the restoration (with interest) of the properties confiscated from them by the state and federal governments?

      Great, but where's the equally idiotic comparisons to marrying your toaster, your dog, or a 10 year kid?

      Same-sex marriage has jack and shit to do with polygamy, and Jack left town. Anyone who thinks otherwise needs to read up on lost boys and get back to us with a relevant comparison.

    5. Re:Simple solution to this BS debate by oxdas · · Score: 1

      I disagree. Same-sex marriage advocates frequently campaign on the notion that descriminating against consenting adults by denying them marriage benefits is not constitutional. Once a state agreed, then they challenged the Federal law on the grounds of State's rights. The same arguements could be made for polygamy, where all parties are consenting adults. Other comparisons, such as animals, toasters, or children, are very different because in these cases, one party cannot enter into a legal contract.

      As for restitution, the court did not order restitution for all gay couples who paid more in taxes during past years, for instance, so I doubt that issue would gain much traction.

    6. Re:Simple solution to this BS debate by Magius_AR · · Score: 1

      Great, but where's the equally idiotic comparisons to marrying your toaster, your dog, or a 10 year kid?

      What's idiotic about those comparisons? They all involve redefining marriage to include the unnatural, some more extreme than others. Hyperbole may not be the best way to prove a point, but I wouldn't call it idiotic -- the argument has merit. Or are you trying to claim permanent homosexual coupling is not unnatural? Nature certainly disagrees: https://en.wikipedia.org/wiki/Homosexual_behavior_in_animals

      "According to geneticist Simon Levay in 1996, "Although homosexual behavior is very common in the animal world, it seems to be very uncommon that individual animals have a long-lasting predisposition to engage in such behavior to the exclusion of heterosexual activities. Thus, a homosexual orientation, if one can speak of such thing in animals, seems to be a rarity."

    7. Re:Simple solution to this BS debate by Yahma · · Score: 1

      Agreed. Laws against polygamy are most likely unconstitutional and by following the same logic as in this case, it should be challenged. Furthermore, laws preventing the marriage of siblings are also likely unconstitutional. Really, government should just stay out of marriage.

    8. Re:Simple solution to this BS debate by Uberbah · · Score: 1

      What's idiotic about those comparisons?

      Everything. Again, see the link.

      They all involve redefining marriage to include the unnatural, some more extreme than others.

      More unnatural than getting it on with your son? A table condiment? "Marrying" the girl you just raped who's land you've invaded? Knocking up your sister-in-law because your brother died before they had kids? With your 700 wives and 300 concubines?

      but I wouldn't call it idiotic -- the argument has merit

      The argument is asinine. None of the problems of polygamy - see again the lost boys - have anything to do with what people do in the privacy of their bedrooms. Polygamy inherently devalues women and prevents poor men from having families of their own. And homosexuals wont be free to engage in polygamy either, so WYFP again?

      Or are you trying to claim permanent homosexual coupling is not unnatural? Nature certainly disagrees

      Oh, it certainly does - with you. Long term homosexual relationships have been observed in everything from penguins to flamingos.

      This is the same bigotry that banned inter-racial marriage. Same bigoted BS, different pile.

    9. Re:Simple solution to this BS debate by Uberbah · · Score: 1

      I disagree.

      Too bad.

      The same arguements could be made for polygamy

      No. They can't. Not even close.

      Polygamy inherently devalues women, because instead of being half the relationship, now they are 25%, 15%, 5% of the relationship while the husband always remains at 50%. It also prevents (poor) young men from having families of their own, because the richest people in town have already bought all the eligible young women. Sometimes those young men are even excommunicated or driven out of town, as I already cited with a link that three people have now skipped over.

      None of those problems exist with same-sex marriage. None. So, again, this is comparing apples to irrelevant oranges and you are on the wrong side of history and basic human decency.

    10. Re:Simple solution to this BS debate by Uberbah · · Score: 1

      Laws against polygamy are most likely unconstitutional and by following the same logic as in this case

      Not remotely the same logic. See my other replies in this thread.

      Furthermore, laws preventing the marriage of siblings are also likely unconstitutional.

      Again with the moranic comparisons. Consensual same-sex relationships have what to do with the genetic dangers posed by incest and the increased risk of sexual abuse, how again?

    11. Re:Simple solution to this BS debate by Anonymous Coward · · Score: 0

      Polygamy inherently devalues women, because instead of being half the relationship, now they are 25%, 15%, 5% of the relationship while the husband always remains at 50%.

      First, polygamy could mean multiple wives OR multiple husbands. The gender specific terms (from your friendly neighborhood wiki) you want is polygyny and polyandry.

      Yes, practically, most instances of polygamy are polygyny (1 man, multiple wives), but just setting the definitions straight.

      Now to play devil's advocate... so what? As long as they were informed and consented, who are you to decide what's the "right" % of the relationship each partner has?

      If the existing wife or wives didn't want her husband the possibility to take an additional wife, she could refuse to marry that man in the first place, or divorce.

      Likewise, the new wife/wives should be informed that she is about to enter in a relationship with a married man, and there will be consequences to marrying him. If she doesn't like the terms, she can walk away.

      On the husband's part, he should choose his wives wisely, and don't pick any who might not agree with polygamy. That is, if polygamy is his thing, he may not want to. As a comedian once said (paraphrasing), "one woman's already a PITA, do you really want to deal with two?"

      Really, I can even flip it around and say it's not the women who get degraded to 25%, 15%, etc. Rather, it's the man who is marginalized, pressured to perform 200%, 300%, etc. so as to provide for all his wives. Imagine instead of reporting to one manager, you have to report to a dozen.

      It also prevents (poor) young men from having families of their own, because the richest people in town have already bought all the eligible young women. Sometimes those young men are even excommunicated or driven out of town, as I already cited with a link that three people have now skipped over.

      It is skipped over because it is a strawman. The FLDS is systematically forcing polygamy. What people are talking about is letting individuals choose polygamy. Your argument is as silly as suggesting that if we allow same-sex marriage, everyone will enter into same-sex marriages, so nobody's left to reproduce offspring.

      None of those problems exist with same-sex marriage. None.

      None of your problems exist for informed, consented polygamy either. You're the one comparing apples and oranges to setup strawmans.

    12. Re:Simple solution to this BS debate by oxdas · · Score: 1

      I am not a polygamist personally, but the arguments look the same to me. This is just contract law. It seems silly to me to argue that one group of consenting adults is entitled to certain legal benefits and not others, just because some people don't believe in their choices.

      Your opposition is based on the fact that some people in a group are bad, therefore, the entire group should be deprived of benefits enjoyed by the rest of society. Instead of addressing the problems, you are attacking the entire group. There are gay couples that abuse their spouses and children, does this mean that all gay couples shouldn't be able to get married? I just don't agree with this premise.

      Polygamy inherently devalues women, because instead of being half the relationship, now they are 25%, 15%, 5% of the relationship while the husband always remains at 50%

      As the other respondent pointed out, polygamy does not just mean one man and many women, the opposite is possible as well. Another way of looking at the relationship is as equal partners. If the marriage was legally sanctioned, then each member of the marriage would be legally entitled to equal benefit, inheritence, etc. If one member attempted to capture more than their share, then legal recourse would be possible, whereas today it is not. It seems to me that by making the relationship illegal, it removes possible legal protections to remedy this issue and helps perpetuate the very problem you want solved.

      This isn't a question of decency or history, it is a question of legal contracts and free will. Shouldn't consenting women and men be free to enter into any relationship they choose (note that these relationships involve legal consent; something an animal, toaster, or child cannot do)?

    13. Re:Simple solution to this BS debate by Uberbah · · Score: 1

      I am not a polygamist personally, but the arguments look the same to me.

      Then you're sticking your head in the....sand since I just explained how they aren't remotely comparable. Lost Boys: not a problem when two women marry. Devaluation of a person when they're 10% of a relationship instead of 50%: not a problem when two men marry. No amount of avoidance or faux reasonableness on your part is going to change that.

      Look, we already went over all this crap in the 60's with inter-racial marriage. 50 years ago, people were making the same arguments you are right now, only with the variables switched around. They were wrong then, and you're wrong now.

      Your opposition is based on the fact that some people in a group are bad, therefore, the entire group should be deprived of benefits enjoyed by the rest of society.

      Project much? You're describing your motivations here, pal, not mine.

      As the other respondent pointed out, polygamy does not just mean one man and many women, the opposite is possible as well.

      Possible, and beyond rare for quite some time even if anti-polygamy laws disappeared tomorrow. Everyone knows the people to first jump on that bandwagon would be Mormons, who have never had multiple "brother husbands" for their women. Far behind them would be Muslims, for whom polygamy is also a one-way street.

      So, my statement holds true: legalized polygamy would inherently devalue women.

      Shouldn't consenting women and men be free to enter into any relationship they choose (note that these relationships involve legal consent; something an animal, toaster, or child cannot do)?

      Shouldn't you be free to sell yourself into slavery or indentured servitude if you are desperate enough? Just because you have free will doesn't make it a legal contract, and that's before you get to the fact that "a necessitous man is not a free man", or women in this case. Don't bother trying to bring that back to same-sex marriage until you deal with the problems of devaluation and Lost Boys rather than ignore them.

    14. Re:Simple solution to this BS debate by Uberbah · · Score: 1

      First, polygamy could mean multiple wives OR multiple husbands. The gender specific terms (from your friendly neighborhood wiki) you want is polygyny and polyandry.

      Of course I know that, but that's a distinction without a difference. Because you know as well as I do that the first group to jump back on the polygamy bandwagon would be Mormons, who have never had wives with multiple husbands. And far behind them would be Muslims, who are in the same boat.

      Lets say Marissa Mayer decides she wants a few "brother husbands" while she's raking in the bucks at Yahoo. There's only going to be a couple thousand Mormon men in front of her to get themselves some "sister wives". Which brings us right back to my original statement: legalizing polygamy would inherently devalue women.

      Now to play devil's advocate... so what? As long as they were informed and consented, who are you to decide what's the "right" % of the relationship each partner has?

      Answering the devil as I did the other guy in this thread: for the same reasons you can't sell yourself into slavery or indentured servitude. Some contracts are too unjust, too imbalanced, and too ripe for abuse to be valid.

      It is skipped over because it is a strawman.

      You mean because it blows a hole in your "argument"? On what planet is including one of the main problems with polygamy in a discussion on polygamy a "straw man"? Beuller? Beuller?

      You're the one comparing apples and oranges to setup strawmans.

      Ooo, another case of pure projection. There is no Lost Boy problem when two women marry. There is no devaluation when one man marries one man, as opposed to one person having half a dozen spouses. Furthermore, the only people taking multiple spouses (whether a Mayer or a Romney) will be rich. And the rich aren't a historically abused minority like, say, GLBT's.

      So take your mixed fruit basket and GTFO with your debunked excuses for maintaining bigotry.

    15. Re:Simple solution to this BS debate by shentino · · Score: 1

      Hear hear.

      What really ticks me off is when the feds effectively punish marriages by lumping couples together into a single household and penalize them by presuming that two people enjoying economies of scale should be handicapped out of fairness for single people.

    16. Re:Simple solution to this BS debate by Anonymous Coward · · Score: 0

      Because you know as well as I do that the first group to jump back on the polygamy bandwagon would be Mormons, who have never had wives with multiple husbands. And far behind them would be Muslims, who are in the same boat.

      Again, we're talking about informed and consenting individuals, and that doesn't just mean the Mormon/Muslim husband to be. The wives-to-be would also have to be informed and consenting. Having a thousand Muslim/Mormon men lined up means nothing if there aren't 2 or 3 or 4 thousand informed and consenting women going with them.

      You call me for projecting later, but I think you're the one projecting. I think you're the one devaluing women, not trusting them to have the capacity of sound judgment and self determination to decide who they want to marry or not.

      Answering the devil as I did the other guy in this thread: for the same reasons you can't sell yourself into slavery or indentured servitude. Some contracts are too unjust, too imbalanced, and too ripe for abuse to be valid.

      Then you should be happy to know that polygamy is not one such contract. As you said later, it's usually the rich man who marry multiple women. That means those women now gain access to the man's riches. How is that slavery? You're getting more riches so you can work less, not being taken as a slave so you can toil away for your master.

      You mean because it blows a hole in your "argument"?

      No, I meant what I said. You need to do more than just say you blew holes in people's argument to blow holes in people's argument.

      On what planet is including one of the main problems with force polygamy in a discussion on informed, consenting polygamy a "straw man"?

      FTFY. You're not bringing up problems of polygamy, but of problems in forcing people to marry a certain way. The rest of us is talking about letting people marry in whatever which way they want, including varying numbers of partners. What you're doing is a strawman on this planet, and pretty much every other planet.

      There is no Lost Boy problem when two women marry.

      There is no Lost Boy problem when you let people decide who and how many people they marry, not forced like the FLDS.

      There is no devaluation when one man marries one man

      Oh there can be, what if one of the men are not informed or consenting?

      as opposed to one person having half a dozen spouses

      Not if all of them involved are informed and consenting adults.

      Furthermore, the only people taking multiple spouses (whether a Mayer or a Romney) will be rich.

      That's a bad thing how? Oh those poor women, marrying a rich man. They're *gasp* not going to be poor! They *gasp* don't need to work as hard!

      And the rich aren't a historically abused minority like, say, GLBT's.

      Again how's that bad? Look, the rich people aren't abused! Somebody... stop... them?

      I'll also note that women are also historically not an abused minority (can't be, they're like half the population). They're usually the ones who stay behind in relative safety while the men who go out, do dangerous jobs, and die on the line of duty to protect the women and children.

      So take your mixed fruit basket and GTFO with your debunked excuses for maintaining bigotry.

      Interesting, I already said I was playing devil's advocate. That implies I actually do not support polygamy, but I'm just arguing for argument's sake. Yet, I'm "maintaining bigotry"? For daring to question, and exercise my free speech?

      But you know what? You able to tell me to GTFO is exactly what proves me right: if a woman doesn't like to enter into a polygamous relationship, she can tell the man to GTFO.

      But somehow, you don't trust the women to be able to do that, that all the taxpayers (many of whom being rich men... they're the ones who'll be polygamous, and yet they'll pay so they cannot be polygamous?) must pay for laws and protections for the shrinking violets out there!

  47. Lawrence v. Texas by J'raxis · · Score: 4, Interesting

    And today is exactly ten years since SCOTUS issued its Lawrence v. Texas ruling, another landmark case in getting the government out of people's bedrooms.

    1. Re:Lawrence v. Texas by misexistentialist · · Score: 1

      Government is obviously still the bedroom if it is going to mail out checks to reward sustained homosexual activity like it rewarded regular heterosexuality

    2. Re:Lawrence v. Texas by Anonymous Coward · · Score: 0

      I've got a phrase that I like to bring up in this debate:

      Keep your God out of my bedroom, and I won't have sex in your church.

    3. Re:Lawrence v. Texas by J'raxis · · Score: 1

      Then the tax credit system as a whole needs to be dealt with. If you think the system of giving people back some of their stolen money is evil, then the government doing so in a discriminatory manner just compounds that, no?

  48. Tell that to the Bible Thumpers by Anonymous Coward · · Score: 0

    If 2 or 3 or 10 consenting adults wish to share their lives, so be it. Beyond the emotional component of marriage, which the government can add no value, the rest should fall under contract law.

    Tell that to the Bible Thumpers who insist that Marriage is some sort of Godly Sacrament or some horseshit.

  49. "marriage" vs "civil union" by Chirs · · Score: 4, Insightful

    It would be straightforward to have "marriage" be separate from "legally joined in the eyes of the state"

    1. Re:"marriage" vs "civil union" by zieroh · · Score: 1

      No. It would not.

      --
      People who say "sheeple" have about as much sophistication as an AOL user, and in fact are probably actually AOL users.
    2. Re:"marriage" vs "civil union" by AmiMoJo · · Score: 1

      What would be the point? Gay people would still want both in order to have full equality. Some churches are happy to marry gay couples.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    3. Re:"marriage" vs "civil union" by Anonymous Coward · · Score: 0

      It would be straightforward to have "marriage" be separate from "legally joined in the eyes of the state"

      Ah yes, the unspoken but widely used as "second class" status route.

    4. Re:"marriage" vs "civil union" by interkin3tic · · Score: 1

      Yes, it is usually more straightforward to not fight for your rights. Why allow the distinction? Because a shrinking minority dislikes gay people?

      Call it marriage because 1. That's what it is 2. It's their right 3. It's embarrassing it's taken us this long to acknowledge that right and 4. A strong stance against hate is required.

    5. Re:"marriage" vs "civil union" by JayBean · · Score: 1

      What would be the point? Gay people would still want both in order to have full equality. Some churches are happy to marry gay couples.

      Goes along the lines of group membership...

      All citizens of a country should operate under the same rules. Hence, having a 'domestic partnership' for all citizens can work if the majority want that.

      However, not all citizens are members of the same faith. If a person wants to have their religious union honored, they can either a) change religions, or b) change the religion they follow. But it is preferred that you still remain a member of that religion if you go for b).

  50. Re:Shocking, antidisestablishmentarianism . by Hatta · · Score: 1

    Marriage is a religious activity

    Atheists don't get married?

    --
    Give me Classic Slashdot or give me death!
  51. Churches were only recently involved by Anonymous Coward · · Score: 0

    Before then, the church was almost nonexistent in marriage. Then in the UK the church got recognition BY GOVERNMENT that it was the sole source of valid marriage in the UK.

    However, several places still kept their rights. Ships captains being a notable example.

    Oh, and as we're at it, maybe churches shouldn't be interfered with by government and given special status as a charity just for being a church, hmm?

  52. Re:Sorry by Bing+Tsher+E · · Score: 1

    So is the price of peanut butter in Connecticut.

    Simply making your assertion with one sentence doesn't work.

  53. Potayto/potatoh by Anonymous Coward · · Score: 0

    Really, why that?

    It's marriage that you've called a civil union. Why should the church be the only place allowed to make marriages valid?

    If a church wants to make a case for a creator having given them the right, then they'd better get that creator to turn up on the witness stand.

    1. Re:Potayto/potatoh by Vaphell · · Score: 3

      because in the west marriage is of christian origins and that makes religious nuts nervous. Whenever you try to call relationship of gays, lesbians or polyamoric peeps a marriage, the bible alert goes off: "bible says marriage is 1man+1woman! error! error!" and that gets you nowhere in a country split roughly in half.
      Why would you care about label when it's the perks you are after (inheritance, visitations in hospitals, etc)?

    2. Re:Potayto/potatoh by Anonymous Coward · · Score: 1

      because in the west marriage is of christian origins

      Bollocks.

      The concept long pre-dates Christianity.

    3. Re:Potayto/potatoh by ganjadude · · Score: 4, Insightful

      true but on the flip side of the coin. when "civil unions rights" were offered in some places to homosexuals, that wasnt "good enough" for them, even though it gave them the exact same rights just under a different word. So its not just the religious who have an issue here.

      --
      have you seen my sig? there are many others like it but none that are the same
    4. Re:Potayto/potatoh by SoupGuru · · Score: 4, Insightful

      The Bible says nothing of the sort. The Bible says your wife's servant should sire you an heir if your wife can't. If you wanted to defend a definition of marriage that says one man + one woman, the Bible is that last book I'd use.

      --
      What doesn't kill you only delays the inevitable
    5. Re:Potayto/potatoh by mjm1231 · · Score: 1

      "gave them the exact same rights just under a different word" has never actually happened. Ever. So it's a little hard to verify your hypothesis.

      --
      Ideology: A tool used primarily to avoid the bother of thinking.
    6. Re:Potayto/potatoh by Anonymous Coward · · Score: 0

      true but on the flip side of the coin. when "civil unions rights" were offered in some places to homosexuals, that wasnt "good enough" for them, even though it gave them the exact same rights just under a different word. So its not just the religious who have an issue here.

      this is known as "separate but equal" doctrine.

    7. Re:Potayto/potatoh by ImprovOmega · · Score: 2

      The Bible says your wife's servant should sire you an heir if your wife can't.

      No it doesn't and the consequences for Abraham doing that were pretty damaging to the Jewish people down through history. Modern day Arabs trace their lineage back to Ishmael and the debate over who are the "true sons" of Abraham has been one of the most fracturing ideological dichotomies in the present day. This split, you will note, is an actual fact regardless of whether or not you acknowledge the underlying story as true or not. In either case I don't think any of the Abrahamic religions would claim that "your wife's servant should sire you an heir if your wife can't" is the moral to be taken from that story.

    8. Re:Potayto/potatoh by ganjadude · · Score: 3, Interesting

      except that is has. at least in NY 2 gay people could get the same rights as a married couple simply by living together for XX amount of years. in fact they dont even have to be gay they just have to live together for XX years to get the same rights as a married couple. so yes, at least around me this was an option that the gay crowd did not find to be acceptable.

      --
      have you seen my sig? there are many others like it but none that are the same
    9. Re:Potayto/potatoh by ganjadude · · Score: 1

      no, it is not. a rose by any other name is still a rose, a civil union by any other name (marriage) is still a civil union.

      --
      have you seen my sig? there are many others like it but none that are the same
    10. Re:Potayto/potatoh by Vaphell · · Score: 1

      the concept in general yes, but that's ignoring how the thing evolved
      marriage -> religious version becomes the only existing form when christianity becomes the state religion in the west -> the state recognizes the christian version granting non-religious perks by default

    11. Re:Potayto/potatoh by Reverand+Dave · · Score: 4, Insightful

      Marriage has about as much to do with christianity as toilet paper does to taking a shit. People were shitting long before it's invent and won't stop when it goes out of style.

      If you really want to make concessions we should abolish all marriages and get the church out of the institution entirely.

      --
      I got here through a series of tubes
    12. Re:Potayto/potatoh by AmiMoJo · · Score: 1

      Because until gay people can be married their relationship will always be second class. Less than the relationship of a straight couple. That was the point of this ruling, in fact.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    13. Re:Potayto/potatoh by Solandri · · Score: 1

      The solution to the "separate but equal" problem isn't to force churches to accept gay marriages. That prioritizes an implied right in the 14th amendment over an explicit right in the 1st amendment. If we do it that way, we arrive at gay couples successfully suing a church because the church refuses to allow them to marry there. That's a clear violation of one of the founding principles of the country - the freedom to practice whatever religion you wish.

      The solution is to shift all federal statutes regarding married couples over to civil unions. Turn "marriage" into a purely ceremonial term. Let churches retain use of the term "marriage" for their purposes however they wish, it will just be inconsequential for legal or tax purposes.

    14. Re:Potayto/potatoh by meglon · · Score: 1

      No. What you're trying to say is it's only marriage if it conforms to what you say it is, and nothing else... and prior to it being exactly what you want it to be, it wasn't marriage. That is a bullshit argument.

      Some years ago there was a fucked in the head christian group that conned/lied it's way into government grants to cure recidivism in parolees. The went before congress and boasted that their program had a 100% success rate for inmates who completed the course. Their program consisted of doing prison classes, religious worshiping, and their conversion to Christianity bullshit. So how did they get that 100% success rate? Easy. The final step of their program was to not commit another crime ever. Therefor, if someone was paroled and later committed a crime, they obviously never completed the course.

      Your argument is the same kind of bullshit. Marriage was 700 wives and 300 concubines long before it was 1 man 1 woman; it wasn't "something else," it was marriage.... and probably a whole lot of fun until the in-laws came around.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    15. Re:Potayto/potatoh by emuls · · Score: 0

      That isn't an acceptable or even equal alternative. A straight couple can get married and have those rights granted the next day. XX years != 1 day.

    16. Re:Potayto/potatoh by SomeKDEUser · · Score: 3, Informative

      That is an argument from ignorance: in the bible, marriage is between a man and a number of wives and concubines and slaves...

      In the West marriage comes from Roman and Greek institutions, altered by Germanic traditions, and a post hoc sanction by the church -- inheritor of the Roman tradition.

    17. Re:Potayto/potatoh by Anonymous Coward · · Score: 0

      Much easier is to let the churches use a new word, such as MarriagePlus(TM).

    18. Re:Potayto/potatoh by Anonymous Coward · · Score: 0

      except that is has. at least in NY 2 gay people could get the same rights as a married couple simply by living together for XX amount of years.

      As long as you don't include income or estate taxes, social security, or other benefits only granted to people with an actual marriage license. Not to denigrate the privileges states offer to married people of whatever orientation, but the big ones come from the feds, and civil unions and common law marriages aren't the same.

    19. Re:Potayto/potatoh by raynet · · Score: 1

      If you allow churches to use "marriage" as purely ceremonial term, what prevents some church wedding gays? :)

      --
      - Raynet --> .
    20. Re:Potayto/potatoh by Darinbob · · Score: 1

      Yes but you could say that since the bible goes back to Adam and Eve, therefore... However, who performed the ceremony for Adam and Eve? Did they have to build a church first so that they had a proper church wedding and not some hedonistic hippie love in?

    21. Re:Potayto/potatoh by Anonymous Coward · · Score: 0

      Speaking about TP going out of style,
      I still can't figure out the three seashells....

    22. Re:Potayto/potatoh by Dcnjoe60 · · Score: 1

      If you allow churches to use "marriage" as purely ceremonial term, what prevents some church wedding gays? :)

      There are churches that currently marry two people of the same sex, so I'm not sure of your point.

    23. Re:Potayto/potatoh by Vaphell · · Score: 1

      i don't give a shit what 'marriage' is because it's only a word and the perks are important. It's the conservative christians, who cling to their holy book and appeal to tradition, you have to convince in order to get shit done, not me. Drop the label and see your chances of change shoot through the roof or get bogged down in a fucking stupid ideological war, the choice is yours.

    24. Re:Potayto/potatoh by Dcnjoe60 · · Score: 1

      Marriage has about as much to do with christianity as toilet paper does to taking a shit. People were shitting long before it's invent and won't stop when it goes out of style.

      If you really want to make concessions we should abolish all marriages and get the church out of the institution entirely.

      While the first paragraph you make has a lot of wisdom, your last sentence does not. Why does anything a church do or say about church ceremonies bother you? Church marriages only bestow legal rights because the government says they do. It is the government that should get out of the marriage business since it is so cluttered with other baggage and enter the civil union business because it better describes the legal situation of what is happening from the government's position. Dropping the language of marriage, means the government can do what it likes with civil unions. As for church marriages, there are two choices either they can remain a purely religious ceremony but you still need a government sanctioned civil union for the legal benefits formerly known as marriage or the government is free to recognize church marriages as an acceptable form of civil unions, just like they recognize them now as a legal form of marriage.

      You will find examples of both solutions in various countries throughout the world. And if people had left out their own personal agendas and focused on the civil rights issues, the US would probably have already chosen one of those two solutions instead of trying to fight a losing battle over what the definition of the word marriage is.

    25. Re:Potayto/potatoh by cfulton · · Score: 2

      How many wives did David have again?

      --
      No sigs in BETA. Beta SUCKS.
    26. Re:Potayto/potatoh by Dcnjoe60 · · Score: 1

      Because until gay people can be married their relationship will always be second class. Less than the relationship of a straight couple. That was the point of this ruling, in fact.

      If this is about civil rights, as it is purported to be, it is about individuals, not about their relationship. Anybody who needs a piece of paper from the government to validate their relationship with another human being is why their relationship is second class, not because of the definition of some word.

    27. Re:Potayto/potatoh by raynet · · Score: 1

      Just that if someone wants to protect the term "marriage" from gays by turning the government backed marriages into civil unions and only allowing churches to do "marriages", they will be suprised that it wont prevent gays from getting married.

      --
      - Raynet --> .
    28. Re:Potayto/potatoh by Anonymous Coward · · Score: 0

      you're kind of an idiot. your missing his entire point.

    29. Re:Potayto/potatoh by Vaphell · · Score: 1

      All i am saying is that it doesn't matter that marriage existed in dozen different forms in 50 'pagan' cultures. The West is Christian for 2 thousand years, all other forms were extinguished and what the state finally recognized for its non-religious purposes was the only existing form of marriage, the Christian one. Common folk hearing 'marriage' think 'i now announce you husband and wife' marriage in church, before God and shit and many of them vote along these lines.
      If you had 100% socially liberal society there would be no problem but the reality on the planet Earth is that to change things you have to route around hardcore traditionalists who vote en masse.

      There is that thing called continuity. If you can convince all the religious hardcores to discard all the existing laws we got a deal. But that is much harder than coming up with a parallel form with another name.

    30. Re:Potayto/potatoh by Reverand+Dave · · Score: 1

      You must be a republican from texas!

      --
      I got here through a series of tubes
    31. Re:Potayto/potatoh by Vaphell · · Score: 1

      ask any Bible belt Christian what the definition of marriage is, because that's what he will defend and vote for, and where he got it from.

    32. Re:Potayto/potatoh by raynet · · Score: 1

      and what the point might be?

      --
      - Raynet --> .
    33. Re:Potayto/potatoh by Anonymous Coward · · Score: 0

      http://www.lmgtfy.com/?q=demolition+man+3+seashells

    34. Re:Potayto/potatoh by jomama717 · · Score: 1

      Did the gay married couples in New York enjoy federal recognition of their marriage and all that it entails? Guessing not, as stipulated in the DOMA act. Not sure why it's notable that this was deemed unacceptable by "the gay crowd".

      --
      while [ 1 ]; do echo -n -e "\xe2\x95\xb$((($RANDOM&1)+1))"; done
    35. Re:Potayto/potatoh by Reverand+Dave · · Score: 1

      I think people are too ready to make the concession of handing the word "marriage" over to the sectarians when the root of the establishment of marriage is civil and not religious. I personally don't think secular people should make concessions to the sectarians at all let alone over who you love or to whom you choose to make a legal contract with.

      Concessions to the church on the grounds of redefinition of the word marriage smacks of Jim Crow to me. If people want to have non sanctioned religious union ceremonies, they are more than welcome to that already, but marriage is now, has been, and always should be the milieu of the the state.

      If we're going to go down that road, it really seems like the church should be making the concessions to the state and not the other way around. I've never heard anyone argue for "sectarian unions" so why should civil liberties be the ones to cede the word when the church has inappropriately co-opted the word. As always, you do have some good points though, thank you.

      --
      I got here through a series of tubes
    36. Re:Potayto/potatoh by tbannist · · Score: 1

      There's an even simpler solution. You don't allow gay couples to sue a church that refuses to perform a religious ceremony for them. I see no reason why a church should be forced to marry anyone as long as they can make a reasonable argument that the ceremony runs counter to their religion. I see no reason why any couple needs religious approval for a marriage, it's a civil matter. Churches are only in charge of the "religious ceremony" part of a marriage. The ceremony means nothing without the civil paperwork and the paperwork can be signed without a priest looking over your shoulder.

      Of course, after a church has refused to many a couple, maybe the couple will take their faith and donations to a church that doesn't hate them.

      --
      Fanatically anti-fanatical
    37. Re:Potayto/potatoh by Anonymous Coward · · Score: 0

      David did a lot of stupid things he shouldn't have. It's descriptive not prescriptive.

    38. Re:Potayto/potatoh by mjm1231 · · Score: 1

      Nevermind that... what was Eve's son's mother-in-law's name?

      --
      Ideology: A tool used primarily to avoid the bother of thinking.
    39. Re:Potayto/potatoh by CCarrot · · Score: 1

      Marriage has about as much to do with christianity as toilet paper does to taking a shit. People were shitting long before it's invent and won't stop when it goes out of style.

      You're waiting for the three seashells too? I thought I was the only one!

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    40. Re:Potayto/potatoh by Anonymous Coward · · Score: 0

      Because such things were not legally recognized in 1.) hospitals when their partner lay dying and they were not able to visit and 2.) certain governement benefits, causing them to be denied, and 3.) other institutions that required a legal marriage. It was "separate but equal" and I hope that we're still not saying that was okay.

    41. Re:Potayto/potatoh by Dcnjoe60 · · Score: 1

      Just that if someone wants to protect the term "marriage" from gays by turning the government backed marriages into civil unions and only allowing churches to do "marriages", they will be suprised that it wont prevent gays from getting married.

      The issue isn't about protecting the term "marriage" from gays. The actual issue is about equal protection under the law. That is a civil rights issue. Whether one needs to change the definition of marriage to achieve that or to use a different term is secondary.

      The churches do have every right to defend their definition of marriage. While marriage existed long before the church, it was the marriage of church and state (no pun intended) through the Holy Roman Empire (ie. the catholic church) the gave midevil Europe its widespread understanding of marriage that has been spread everywhere that the european colonies spread, including the US. So, while, marriage existed prior to christianity, our modern notion of marriage, like it or not, has its roots in the christian concept of marriage (some states in the US even have Holy Matrimony on their marriage licenses!).

      Whether people want to admit it or not, religion heavily influenced the development of the US and most western countries. Even if that influence has weakened in recent years, the roots of religion permeate just about everything in our modern society. As such, it makes more sense to drop the baggage associated with the word marriage and use the modern term Civil Union. For one, it better describes the legal arrangement and leaves no doubt that it is something recognized by the civil authorities.

      But, the moment the discussion moves from civil rights and equality under the law and changes to things like redefining the word marriage, well, then we are just as guilty as the churches who strive to hold on to their position. Rights should be granted to everybody, but nobody should be able to force their definition on another group, religious or otherwise.

    42. Re:Potayto/potatoh by raynet · · Score: 1

      Sure sure, I was just pointing out that it is silly to demand civil unions and say that marriage is reserved for churches as if current churches wont allow gay marriage one can just create a new church that will allow it. So there is no point in doing that.

      --
      - Raynet --> .
    43. Re:Potayto/potatoh by Dcnjoe60 · · Score: 1

      I think people are too ready to make the concession of handing the word "marriage" over to the sectarians when the root of the establishment of marriage is civil and not religious. I personally don't think secular people should make concessions to the sectarians at all let alone over who you love or to whom you choose to make a legal contract with.

      Concessions to the church on the grounds of redefinition of the word marriage smacks of Jim Crow to me. If people want to have non sanctioned religious union ceremonies, they are more than welcome to that already, but marriage is now, has been, and always should be the milieu of the the state.

      If we're going to go down that road, it really seems like the church should be making the concessions to the state and not the other way around. I've never heard anyone argue for "sectarian unions" so why should civil liberties be the ones to cede the word when the church has inappropriately co-opted the word. As always, you do have some good points though, thank you.

      That is only partially true. While in the abstract, marriage existed long before organized religions, by the middle ages, in Western Europe, the Church and State were one under the Holy Roman Empire. Much our modern laws and concepts come from that period and marriage is no different. So in the West and every country that was settled by Europeans or the Catholic Church, marriage has been handed down in one very particular way, at least for the past 1000 years. So, yes, marriage existed before then, but from the end of the dark ages until recently, it has been viewed by most of society, even atheist countries, one way.

      The religious definition of marriage, at least in the West has pretty much been unchanged in that entire period. What has changed is the non-religious notion, so I do not see why you would hold the position that churches should change their definition.

      As for Civil Unions, look at what the argument is, from the government perspective (thus leaving out the emotional arguments). Should gay couples have the same civil rights as heterosexual couples? The answer is yes. So initially we are talking about something civil. Now, the traditionalists will say that marriage is a union between a man and a woman and the progressives will say it is a union between any two people. So marriage is about a union.

      Thus, we have a government recognition of certain rights bestowed upon two people when they enter into a Civil Union. It does not matter what their gender, race or creed. The government is blind to those things. The government is also free to recognize a religious ceremony (ie marriage) as a legal form of civil union (just as they recognize them as a legal form of marriage now) or they can leave them as a religious ceremony and people will need to go to the courthouse to garner the rights estabilished in through a civil union and then go to a church if they want a religious ceremony (many countries do this now).

      Forcing religions to abide by a new definition of a term they have used consistently for 1000 years simply won't work. First and foremost, the government has no power to force religions to recognize any marriages. If married Catholics have certain "rights" in the Catholic Church, the government cannot force those rights be granted to married Baptists? Nor can the government force churches to accept members who don't follow their teachings.

      The gay community understands this. Today's rulings and all of the same sex marriage rulings have zero impact on churches. Those that are in favor of gay marriage already perform those ceremonies, even in states that don't recognize same sex marriages. Those that are opposed don't. By forcing the change in the definition of the word marriage only serves to antagonize the churches and push them further away. Polls show that many church goers are in favor of civil unions but not in changing the definition of marriage. If the concern is really about equal acces under the law (civil rights), then

    44. Re:Potayto/potatoh by lgarner · · Score: 1

      Yes, because "separate but equal" has always been the way to go. I once thought the same way. After all, if they can get the same benefits and responsibilities with a "civil union", then why are they so up in arms over calling it "marriage"? It's just a word, after all... Oh, wait.

    45. Re:Potayto/potatoh by Golddess · · Score: 1

      Car analogy time!

      So then I take it you would find it acceptable if a state introduced the ability for anyone to get a drivers license simply by owning a car for XX years, but then stripped men of the ability to get a drivers license by any other means? I mean, why would anyone possibly find that unacceptable? You'd still be able to get the same license as a women, it'd just take a little longer.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    46. Re:Potayto/potatoh by Anonymous Coward · · Score: 0

      Just to nit-pick. Hetero couples can marry immediately and get those right, and gay couples need to wait a few years.

      That's exactly equal. Thanks for that.

    47. Re:Potayto/potatoh by ganjadude · · Score: 1

      nothing! And thats the beauty of the entire idea!

      --
      have you seen my sig? there are many others like it but none that are the same
    48. Re:Potayto/potatoh by TranquilVoid · · Score: 1

      That is an argument from ignorance: in the bible, marriage is between a man and a number of wives and concubines and slaves...

      In the New Testament Paul stipulates that a leader should be "the husband of but one wife". Polygamy in the Old Testament is typically considered to be a historical record, not actually condoned by God.

      On the other hand even the New Testament isn't that clear. It's not certain that phrase refers to monogamy at all, but possibly divorce and possibly simple integrity. Discounting OT polygamy may be wishful thinking, but by the time of the NT polygamy wasn't really practiced in the Roman Empire.

    49. Re:Potayto/potatoh by radio4fan · · Score: 3, Insightful

      when "civil unions rights" were offered in some places to homosexuals, that wasnt "good enough" for them, even though it gave them the exact same rights just under a different word. So its not just the religious who have an issue here.

      The issue is that 'homosexuals' and their supporters want equality, the 'religious' want inequality and discrimination.

      It's disingenuous to suggest that civil unions are the same as marriages. They are clearly a second-class union, otherwise the compromise of calling them 'civil unions' would never have been made to placate the 'religious'. It's "separate but equal" all over again.

      You can't compromise on equality.

    50. Re:Potayto/potatoh by Jason+Levine · · Score: 1

      Whenever you try to call relationship of gays, lesbians or polyamoric peeps a marriage, the bible alert goes off: "bible says marriage is 1man+1woman! error! error!"

      Except in the case of Jacob where marriage is 1 man + 1 woman + her sister + the woman's handmaiden + the sister's handmaiden. Or were the handmaiden's not Jacob's wives and he just slept with them (and had kids with them) out of wedlock? I can't remember the details but either way this doesn't fit with the "Bible Says One Man One Woman" folks.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    51. Re:Potayto/potatoh by Jason+Levine · · Score: 1

      Forgot one thing in my other reply:

      in the west marriage is of christian origins

      Really? So I guess those ancient Israelites weren't getting married at all. They'd just shack up and bear children outside of marriage. And all of those other cultures that existed outside of Christianity's circle had no concept of marriage before the enlightened Christians taught them about it?

      In truth, marriage is a widespread concept but one that has evolved over the centuries from a pre-arranged "property rights" issue (the woman would be assigned a mate by her parents - or other people - and she would become his property) to a matter of love (a woman is asked for her hand in marriage, can refuse, and is the man's partner, not property). Those who claim that marriage has always existed the way it is today without ever changing (and thus it can never change from its current form) have no sense of history.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    52. Re:Potayto/potatoh by SomeKDEUser · · Score: 1

      Thus my larger point that Marriage in the West is really from the Roman/Greek tradition rather than the Judaic.

    53. Re:Potayto/potatoh by NoImNotNineVolt · · Score: 1

      So in NY, 2 gay people could live together for long enough to file their federal taxes jointly?

      That's remarkable, but even if that's the case, that's not "the exact same rights". Straight people can be married and enjoying the perks within an hour or two of meeting each other, if the courthouse isn't crowded. Having to wait "XX years" isn't "the exact same" thing.

      --
      Chuuch. Preach. Tabernacle.
    54. Re:Potayto/potatoh by Anonymous Coward · · Score: 0

      If we're only talking about the US, then you're incorrect. No gay couple in the US has ever had "the exact same rights," because on the federal level, all those rights are tied to the word "marriage" and until DOMA was struck down marriage was limited to a man and a woman. People are about the word because it's the word that confers the rights. That's why the word is important.

    55. Re:Potayto/potatoh by oraclecrank · · Score: 1
      But that doesn't confer "the same rights" at all. To get the over 1,000 rights and benefits of marriage at the federal level it has to be called a "marriage," not a "civil union," not a "domestic partnership," not "BFFs." The word marriage is what confers those rights.

      To get equal rights you have to get equal access to the word. That's why gay people find the lukewarm alternatives like civil unions unacceptable, not because they fetishize the word "marriage," but because the government does.

    56. Re:Potayto/potatoh by Anonymous Coward · · Score: 0

      The Bible says your wife's servant should sire you an heir if your wife can't. If you wanted to defend a definition of marriage that says one man + one woman, the Bible is that last book I'd use.

      The Bible doesn't say that your wife's servant SHOULD sire you an heir if your wife can't. In a few instances, it was ALLOWED in the Bible. Just because Abraham married his sister (close cousin according to some translations) doesn't mean we should.

      The Bible says that God gave King David many wives; David sinned by lusting after another man's wife (and sending that man to the battle front where he would most certainly die).

    57. Re:Potayto/potatoh by Reverand+Dave · · Score: 1

      First off, the west has not been christian for 2000 years, probably closer to 1500 and pagan cultures have nothing to do with it. Marriage has been an administrative way to manage and finalize certain property transactions for over 4000 years of history. The fact that a bunch of zealots have co-opted the term and tried to make it theirs doesn't give them rights to it. Let the churches have sectarian unions and leave marriage where it belongs, with the state.

      --
      I got here through a series of tubes
    58. Re:Potayto/potatoh by Reverand+Dave · · Score: 1

      We may not agree with religion, but like the other rights protected under the constitution, it is a basic right. People are free to believe and practice their faith, even if we don't agree with it. Telling millions of people that what their faith teaches them about marriage is wrong, well, how is that any different then telling to lesbians their life style choices are wrong?

      I can appreciate this argument. I think the core of that issue is separate but equal which we all know doesn't work, and the attempts of the church to usurp the power of the state and use it in an abusive and bigoted way. The freedom to practice religion, like all other rights granted by the constitution, ends when religion starts to negatively impact the lives of people not included in the church. Individuals have a right to worship, but not to inquisition. The basis of 99% of the argument against gay marriage or a gay lifestyle in general is and always will be "the (insert your favorite religious text) says it's wrong." That means that if you are trying to make an argument in support of religion in the face of the state, you lose on the basis of the freedom of religion. Gay people are not actively persecuting religious people the way religious people have been actively persecuting gay people which is a violation of their freedom of religion. That means if your faith is teaching you that something is wrong when it has been defined by the state as perfectly legal, then the church is likely the one that is wrong, therefore it's teachings are wrong.

      Taking the word "Marriage" away from the state is not going to solve any problems or change anything. Much like segregation in the south, the only thing that will solve this issue is time. Making concessions to bigots is never going to help you advance your position which is why gay marriage advocates have never settled with "civil unions." Anything less is an insult in the same vein of separate drinking fountains. Taking the word "Marriage" away from the state is not going to solve any problems or change anything. Much like segregation in the south, the only thing that will solve this issue is time. Making concessions to bigots is never going to help you advance your position which is why gay marriage advocates have never settled with "civil unions." Anything less is an insult in the same vein of separate drinking fountains.

      --
      I got here through a series of tubes
    59. Re:Potayto/potatoh by Anonymous Coward · · Score: 0

      Clearly? Who says? You? I clearly think elephants are giraffes. Clearly, I'm right.

    60. Re:Potayto/potatoh by stenvar · · Score: 1

      except that is has. at least in NY 2 gay people could get the same rights as a married couple simply by living together for XX amount of years.

      That's not true. They may have received the same state benefits (although I doubt that), but they didn't receive the same federal benefits (taxes, immigration, etc.) because DOMA prevented it. That's why DOMA was repealed.

    61. Re:Potayto/potatoh by jwhitener · · Score: 1

      because in the west marriage is of christian origins

      Marriage has no basis in Christianity. There are hundreds of non-Christian cultures all over the world that have practiced marriage for a very long time. You might more accurately say that "in the west there are a lot of Christians, so many marriages are performed using Christian rituals."

      Why would you care about label when it's the perks you are after (inheritance, visitations in hospitals, etc)?

      Why would you care if you have to sit in the back of the bus, because all you care about is getting the ride right? Why would you care about being put in a separate part of the restaurant, all you care about is getting the food right?

    62. Re:Potayto/potatoh by nedlohs · · Score: 1

      So if they went on vacation in Texas they'd have all the rights of a married couple in Texas?

      Each would qualify as a spouse of the other for social security benefits purposes? What about after they enjoyed their vacation in Texas so much that they moved their domicile there?

  54. Re:Sorry by Bing+Tsher+E · · Score: 1

    They took that off the title recently.

  55. You've got it backwards there chap. by Anonymous Coward · · Score: 0

    Get the churches out of marriage.

    Marriage has historically always been a legal contract uniting two (or more) people, and not necessarily with consent. The function of the religious aspects of marriage are only to reinforce the seriousness of the legal contract. Historically marriage was used to share property, to end wars, to settle bets, and to buy goods. The history of marriage is property management. What part of that is religious?

    That most marriages begin in a church does not make them a religious institution. Voting and town halls often happen in churches, yet no one seems to be demanding we get the government out of either of those and let the churches handle them. The argument that marriage should be left to the churches is an argument rooted firmly in historical ignorance. The church has no claim to marriage.

    1. Re:You've got it backwards there chap. by Anonymous Coward · · Score: 1

      Marriage has always been a social institution, serving all the societal ends you mention, plus also the more "mundane" purposes of raising children and providing security for women. Marriage wasn't designed by society or a church specifically to do these things, they were (and still are) things for which marriage is used, the de facto "purpose" as practiced.

      Now, throughout most of history, religion - whether the official state-sponsored or just practiced by vast majority - was at the center of social and cultural practices. Now, in the USA, we have instead of state-sanctioned religion, federally-mandated absence of official religion, guaranteeing free selection of any or no denomination. But the cultural practices remain. This is why I think it's a fair description to describe the US as a "Christian nation": because our culture and customs still primarily reflect those of (most of) our Christian ancestors.

      I think the current tussle over gay marriage is a good example of the inevitable result of freedom of/from religion - there isn't anymore one social institution that defines how marriage is practiced, and as popular opinion about how it should be practiced change, there's no good reason that the laws of a secular state wouldn't change to reflect it.

      None of that is an argument for or against gay marriage. Some people (even some religious people) think that the state should not be involved in marriage at all - let the churches define what they're going to call marriage and don't do anything special about it. Others think that society as a whole has enough interest in the institution of marriage to have some legal protections for it, myself included, but these people need to understand that in a secular state, "because the Bible says so" isn't a reason to pass a law, amend a constitution, or issue a ruling. If Christian denominations want to make the case that a particular form of marriage is the only one deserving of legal protection, they need to make a different argument. And frankly, support for artificial contraception and serial polygamy seriously undermine any Christian's attempt to do so, because they've already reduced marriage to an arrangement of convenience.

      Personally, I think marriage is about kids. Raising kids, who need the influence of a mother and father. At least that's what it should be about. Note that this doesn't strictly preclude gay marriage or infertile couples, but when the court hears a case about a "civil rights issue", and it's about visitation rights and pension benefits, I see a huge disconnect in the debate on this topic. Legal convenience, even tax penalties, != civil rights issue. I've come to the opinion that creating legal shortcuts for some of these issues is fine, call it "civil union", "designated legal family unit" or whatever, the tax/pension/benefits/visitation-type issues can all be resolved totally independently of any "heterosexual concept of marriage is discriminatory" claim.

      But I still think there's a benefit to society to protect/promote specifically the man/wife/kids arrangement where the union is permanent. How a secular state such as the US should do that in the fairest way, while upholding the principiles of the Declaration of Independence and Constitution & still respecting the rights of religious believers is an open question. But I don't have high hopes for a good outcome, especially given the way the discussion usually goes, coming from "both" sides of the debate.

    2. Re:You've got it backwards there chap. by raynet · · Score: 1

      I recall that at one point the church was against marriage (in Europe around the middle ages).

      --
      - Raynet --> .
  56. Re:Sorry by oodaloop · · Score: 1

    I don't know what you see in your browser, but I don't see News for Nerds or Stuff That Matters anywhere on the slashdot page. They took that down quite a while ago from what I understand.

    --
    Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
  57. Re:Shocking, antidisestablishmentarianism . by Bing+Tsher+E · · Score: 1

    More to the point: speaking of Taliban, does this mean pedophilia is now legal?

  58. From a citizen's standpoint by Pollux · · Score: 1

    1) I completely concur on government staying out of marriage. For sake of argument, let's call "marriage recognized by the state" as "civil union". Two people who enter into a civil union are recognized by the state as having certain benefits, including tax and legal.

    2) The question citizens should ask themselves is this: Does allowing homosexual unions into the definition of a "civil union" harm or benefit society? If there's clear evidence that homosexual unions harm society, then let's ban it. But, in the absense of such evidence, the state should not restrict liberties of its citizens.

    The reason why I bring up the subject of harm is this: if we allow homosexual unions to be recognized as civil unions, then what is there to stop advocates of other taboo-unions from petitioning for the same opportunity, such as unions of incest or bestiality? Using harm to society as a metric for evaluating these other relationships allows us to allow the former while filtering out the latter. It can be easily argued that incest harm society by its affect on the human gene pool, and bestiality can be negated for either animal cruelty or risk of exposure to disease. But I have yet to see clear justification (beyond biblical refernece) as to harm inflicted upon a society for permitting homosexual unions. Norway and Sweden have allowed them for over a decade, and quality of life in both contries appears to be substantially high.

    1. Re:From a citizen's standpoint by PraiseBob · · Score: 4, Insightful

      Harm to society shouldn't trump freedom. If it did, then tobacco, alcohol, gambling, high fructose corn syrup & reality TV would all be banned.

    2. Re:From a citizen's standpoint by Nemesisghost · · Score: 1

      So what is your stance on polygamous or multiple partner relationships being recognized in civil unions? I only ask because besides same-sex relationships, the only "unacceptable" relationships are ones that are obviously unacceptable. Or what about roommates simply asking for the same benefits as "married" couples?

    3. Re:From a citizen's standpoint by SJHiIlman · · Score: 1

      Using harm to society as a metric for evaluating these other relationships allows us to allow the former while filtering out the latter.

      I'm not aware of how incest or bestiality truly harm society. Maybe you just find them offensive and wish that to be the case?

      And as the other person said, individual liberties trump all else most of the time.

    4. Re:From a citizen's standpoint by ImprovOmega · · Score: 1

      Harm to society does trump freedom though. Otherwise you would be free to drink and drive, stab random strangers, throw rocks off of bridges, steal from other people, and any one of a number of other crimes that you may think up. We join and form societies for the protections they afford. We come up with rules that we can generally agree on and everyone is on the whole better off for it. For the most part when something only hurts society indirectly because it hurts or may hurt you personally and only you then we allow it (HFCS, drinking without driving, & reality TV as you mentioned). But when those behaviors hurt other people - drinking AND driving, harmful food additives that you lie about the harm they cause, or reality TV that ends up killing one out of ten contestants, then we say no that's not okay and put a stop to it. Society can only exist because freedom is not absolute. And mistakes will be made - it's people who are running things so they will err to one side or the other. On the balance though the pressure coming from both sides keeps things on a pretty even keel.

    5. Re:From a citizen's standpoint by zieroh · · Score: 1

      1) I completely concur on government staying out of marriage. For sake of argument, let's call "marriage recognized by the state" as "civil union". Two people who enter into a civil union are recognized by the state as having certain benefits, including tax and legal.

      Thus relegating atheists and other irreligious folks to a separate (but supposedly equal) "civil union". No. Fuck that.

      --
      People who say "sheeple" have about as much sophistication as an AOL user, and in fact are probably actually AOL users.
    6. Re:From a citizen's standpoint by alva_edison · · Score: 1

      I'm not aware of how incest or bestiality truly harm society. Maybe you just find them offensive and wish that to be the case?

      And as the other person said, individual liberties trump all else most of the time.

      Incest - a mechanism would need to be put into place to prevent incestuous couples from having children, due to the preponderance of genetic abnormalities that occur within such relationships. Incest is currently not defined the same in every state, the only consistent parts being direct ancestors/descendants (mother/son, grandfather/granddaughter) and siblings. In most states, marriage to first cousins once removed (your grandparent's sibling's child) is allowed.

      Bestiality - is generally considered a matter of consent, similar to rape. Animals cannot give consent and cannot enter into contracts, and both parties need to consent for the marriage to go through. The way underaged marriage is currently handled may provide a framework, since in many of those cases, the parents of the underaged party(ies) can validate the contract (although there are still limits where even that is not the case).

      --
      He effected a bored affect.
    7. Re:From a citizen's standpoint by SJHiIlman · · Score: 1

      a mechanism would need to be put into place to prevent incestuous couples from having children

      No, that's ridiculous. The fact that a child born from an incestuous relationship may end up with genetic defects is no reason for banning it. Individual liberties trump safety.

      There shouldn't even be enough of such relationships to make it worthwhile to ban such a thing, even from the point of view of someone who hates freedom.

      Animals cannot give consent

      Perhaps not like a human can, but animals can initiate such acts. I don't know about marrying them, though.

    8. Re:From a citizen's standpoint by SJHiIlman · · Score: 1

      then we say no that's not okay and put a stop to it.

      And sometimes, the imbeciles go overboard and ban things that shouldn't be banned at all. The 'safety' mentality can be truly disgusting, and it's thanks to that mentality that people get molested in airports.

    9. Re:From a citizen's standpoint by ArsonSmith · · Score: 1

      You make a good point, I renounce my Libertarian membership and now join the church of the sub-genius PraiseBob!! or what ever new party has your rules If just to get rid of reality TV.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    10. Re:From a citizen's standpoint by Golddess · · Score: 1

      what is there to stop advocates of other taboo-unions from petitioning for the same opportunity, such as unions of incest or bestiality?

      Last time I checked, my cats could not give informed consent. So that takes care of bestiality.

      Regarding incest.. incest with a minor has the same lack of informed consent thing going for it, but between two adults... as long as there is informed consent, I have a hard time justifying its ban, despite the whole genetic bottleneck thing.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    11. Re:From a citizen's standpoint by raynet · · Score: 1

      If you allow churches to decide what is marriage, what prevents me from founding a church that allows marriage for polygamist?

      --
      - Raynet --> .
    12. Re:From a citizen's standpoint by Greyfox · · Score: 1

      You can't have polygamy because it makes the love songs too complicated. Now go forth and write a love song describing a polygamous relationship between two men and three women!

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    13. Re:From a citizen's standpoint by Altus · · Score: 1

      There are several love songs describing triads of folks in love. Not more for more complex relationship structures that I have seen.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    14. Re:From a citizen's standpoint by CCarrot · · Score: 1

      Harm to society shouldn't trump freedom. If it did, then tobacco, alcohol, gambling, high fructose corn syrup & reality TV would all be banned.

      Yet marijuana, cocaine and heroin are.

      Don't look for consistency in legal systems, you'll just give yourself a headache.

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    15. Re:From a citizen's standpoint by CCarrot · · Score: 1

      1) I completely concur on government staying out of marriage. For sake of argument, let's call "marriage recognized by the state" as "civil union". Two people who enter into a civil union are recognized by the state as having certain benefits, including tax and legal.

      2) The question citizens should ask themselves is this: Does allowing homosexual unions into the definition of a "civil union" harm or benefit society? If there's clear evidence that homosexual unions harm society, then let's ban it. But, in the absense of such evidence, the state should not restrict liberties of its citizens.

      The reason why I bring up the subject of harm is this: if we allow homosexual unions to be recognized as civil unions, then what is there to stop advocates of other taboo-unions from petitioning for the same opportunity, such as unions of incest or bestiality? Using harm to society as a metric for evaluating these other relationships allows us to allow the former while filtering out the latter. It can be easily argued that incest harm society by its affect on the human gene pool, and bestiality can be negated for either animal cruelty or risk of exposure to disease. But I have yet to see clear justification (beyond biblical refernece) as to harm inflicted upon a society for permitting homosexual unions. Norway and Sweden have allowed them for over a decade, and quality of life in both contries appears to be substantially high.

      Actually, I believe it basically should come down to a matter of informed consent. Using that yardstick, bestiality would be automatically invalid, since there is no way that one of the partners could indicate consent or even understanding of the question. Same thing (for the most part) if one or more of the proposed partners is a child or young adult. Incest, on the other hand...as long as both parties are informed and willing, that should be up to them.

      Incestual taboos are ancient societal constructs developed to counteract the danger of inbreeding, even before people knew anything about why it is dangerous. If two cousins, siblings, whatever decide that they want to get married, and they prove that they fully understand the risks if they ever decide to have children, then who are we to stop them? Shall we also issue declarations that persons living with AIDS cannot get married because of the danger of infection for the spouse and any potential children? What if one partner contracts AIDS while already married, does that automatically sever the marriage?

      I know, the knee-jerk reaction is 'incest...eww!', but hey, for many people that's the same reaction they have to gay relationships, or polygamous ones. Just because it's not 'right' for you or me does not mean it'll never be right for anyone else either.

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    16. Re:From a citizen's standpoint by CCarrot · · Score: 1

      So what is your stance on polygamous or multiple partner relationships being recognized in civil unions? I only ask because besides same-sex relationships, the only "unacceptable" relationships are ones that are obviously unacceptable. Or what about roommates simply asking for the same benefits as "married" couples?

      You really want to give half of your stuff to your roommate when you move out? Although it would be cool if they had to give you half of their stuff if they moved out...might make for some looong term leases :)

      Just kidding, I know what you're saying. You're basically looking for the co-habitation tax breaks, trouble is, 'marriage' carries a heck of a lot of other legal baggage with it. Who gets your life insurance if you die while living with a roommate? For some policies, if you're married or common-law, it's your spouse, period. No assign-ability otherwise.

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    17. Re:From a citizen's standpoint by Greyfox · · Score: 1

      Hmm, well I've heard it put forth that the human mind is capable of tracking five plus or minus two relationships! So in theory, the aforementioned song should be feasible for most people to follow!

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    18. Re:From a citizen's standpoint by Znork · · Score: 1

      Frankly, I don't see why any type of union should have any bearing on benefits or tax. Get government out of it entirely. Provide a dozen or so template civil relationship contracts that people can use ranging from 'we intend to bear responsibility for raising a child together' to 'this is my best friend who I want to be able to make medical decisions and receive life insurance benefits'.

      Harm to society? Either there is harm to specific individuals or there isn't; trying to define harm to society depends on having a strict definition of what society is and should be and that any deviation from that is considered harm. Totalitarianism lies that way.

      For example, trying to argue that specific unions risk damaging the gene pool immediately opens up to eugenics; it's trivial today to do genetic screening that would identify entirely unrelated couples whose joined contribution would be much more harmful than various combinations of close relatives.

    19. Re:From a citizen's standpoint by Fjandr · · Score: 1

      I'd guess the answer would be that both multiple partner relationships and platonic relationships should be able to enjoy the same benefits. They are both relationships undertaken by the consent of all involved.

      That would be my response anyway, since I'm completely in line with what was said in Pollux's comment. They may believe differently though, so don't take this as me definitively answering for someone else.

    20. Re:From a citizen's standpoint by Martin+Blank · · Score: 1

      On the contrary. Harm to society can trump freedom, and it does regularly. It's why people go to prison for rape, murder, etc. Their freedom is abridged because of the risk of them causing further harm to society both directly (raping and killing more people) and indirectly (causing people to shelter in place, lash out, start vigilante groups).

      However, harm to society should not be the only factor involved in determining whether and to what degree a freedom should be abridged.

      --
      You can never go home again... but I guess you can shop there.
    21. Re:From a citizen's standpoint by Anonymous Coward · · Score: 0

      I completely concur on government staying out of marriage.

      I disagree, but continue.

      For sake of argument, let's call "marriage recognized by the state" as "civil union". Two people who enter into a civil union are recognized by the state as having certain benefits, including tax and legal.

      Wait, but I thought you wanted government out of marriage? That's keeping them in marriage, but calling it something else.

    22. Re:From a citizen's standpoint by Anonymous Coward · · Score: 0

      It's why people go to prison for rape, murder, etc.

      Ugh... do you really think that's the sort of 'freedoms' he was talking about? Such 'freedoms' would only infringe upon victims' rights. Clearly not what he was talking about, and I have no idea why people feel the need to be so pedantic about this...

    23. Re:From a citizen's standpoint by Anonymous Coward · · Score: 0

      Regarding incest.. incest with a minor has the same lack of informed consent thing going for it

      Believe it or not, that depends on the minor. People make mistakes all the time and don't think things through; adults included. Plenty of adults make the mistake of sleeping with people they know they shouldn't have, but they move on and usually aren't tossed in jail simply because the people they slept with are a few years younger than them. Having a fully developed brain doesn't even come close to guaranteeing that there was informed consent.

      In the case of one adult having sex with another adult, we have to determine on a case-by-case basis whether or not rape took place, yet if a 14 year old sleeps with an 18 year old, that is deemed to be illegal even if it was consensual. These laws are nonsensical and designed to appeal to the 'for the children' crowd who believe that there are rapists and pedophiles hiding behind every corner.

    24. Re:From a citizen's standpoint by TranquilVoid · · Score: 1

      What is the purpose of freedom? At least in the U.S. it appears to be substantially about restricting the government or others from harming you. That is, the ultimate point really is about harm reduction. When it's bandied about as a holy end goal in itself it loses all meaning.

    25. Re:From a citizen's standpoint by Golddess · · Score: 1

      Having a fully developed brain doesn't even come close to guaranteeing that there was informed consent.

      I meant strictly from a legal stand point. Legally, they cannot give informed consent.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
  59. Re:Sorry by Jmc23 · · Score: 1

    Are you using a time machine? That hasn't been part of the title for a long time now.

    --
    Don't complain about syntax, grammar, or spelling. There is no.hell like input on android.
  60. Re:So now that they can't use it as a weapon anymo by ganjadude · · Score: 1

    what the hell does any of that even mean??

    --
    have you seen my sig? there are many others like it but none that are the same
  61. Re:Sorry by kiriath · · Score: 1

    View the source

  62. Re:Sorry by kiriath · · Score: 1

    Sure, but there are plenty of other places to go for 'normal' news. I'd hate to have to wade through mounds of 'normal' news to find interesting technical and science related news. Don't be so defensive, just an observation.

  63. Re:So as it is by Bing+Tsher+E · · Score: 1

    Who are you to decree how many ring slots his goldfish has? Aren't you being a little judgmental there?

  64. Re:Sorry by kiriath · · Score: 1

    Of course we do, but there are plenty of other places to find news regarding political issues. Just my opinion, which last I checked I'm still entitled to have. I feel like these topics would be better suited for a different venue.

  65. Re:It's about destroying the family by NoImNotNineVolt · · Score: 1

    it is about destroying the family, teaching kindergartners to masturbate to "find out" if they are gay.

    Wait, what? Is that what was going on before DOMA was passed? Citation please?

    --
    Chuuch. Preach. Tabernacle.
  66. As Jimmy Carr said by Anonymous Coward · · Score: 0

    As Jimmy Carr said, 9 out of 10 people enjoy gang rape.

    So either you admit that even an overwhelming majority IS NOT IN ITSELF enough evidence to show that the rights of another can be infringed because of the majority opininon, or you are admitting you think gang rape is cool.

    1. Re:As Jimmy Carr said by cfulton · · Score: 1

      That is very probably the worst argument an AC has ever made on /. When did you stop beating your wife by the way?

      --
      No sigs in BETA. Beta SUCKS.
    2. Re:As Jimmy Carr said by Anonymous Coward · · Score: 0

      Huh? Different AC, and I think you missed his point. He didn't make up the comment, its an easily understood example of the tyranny of the majority that has been used elsewhere. The "stop beating your wife" question is an example of an unanswerable question not of a simplification, the 9 of 10 is a simplification commonly used to show that relying purely on majority consensus can lead to a situation where a behavior is acceptable but that 3rd party should step in and prevent it's legality.

      The courts are one of the ways we have tried to prevent even a large majority from discriminating against a minority. Many of the civil rights cases where the supreme court has ruled in favor of granting rights have been when well over 50% of the populace was in favor of the discrimination.

    3. Re:As Jimmy Carr said by coinreturn · · Score: 1

      As Jimmy Carr said, 9 out of 10 people enjoy gang rape.

      So either you admit that even an overwhelming majority IS NOT IN ITSELF enough evidence to show that the rights of another can be infringed because of the majority opininon, or you are admitting you think gang rape is cool.

      No, the OP is either the victim or the perpetrator in your scenario.

  67. Like Black, Gay is the result of genetic variation by Anonymous Coward · · Score: 0

    To compare the issues gays face with those faced by blacks is a completely accurate thing to do.

    Gay is just as much a "race" as black is.

  68. Re:Sorry by RobertLTux · · Score: 1

    So you are saying there is not a fraction of the /. readers that have Same Sex partners??

    heck if it was an option there are Geeks that would have partners from different PLANETS.

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  69. Re:Sorry by Anonymous+Psychopath · · Score: 1

    Yes but still in the context of 'news for nerds'.

    I've been around these parts a long time, and I fully expected Slashdot would post this story.

    --

    Eagles may soar, but weasels don't get sucked into jet engines.

  70. Re:Shocking, antidisestablishmentarianism . by Anonymous Coward · · Score: 0

    Threesomes are great, but I'm not sure I want to have two women telling me what to do!

  71. Re:Like Black, Gay is the result of genetic variat by Anonymous Coward · · Score: 0

    No, GAY is a choice, RACE is trait. Check your facts--it's not even a close comparison.

  72. Re:Sorry by Jmc23 · · Score: 1

    Very cool. The question is whether there remains a subversive nerd element at slashdot or whether they just did a shitty job changing the site!

    --
    Don't complain about syntax, grammar, or spelling. There is no.hell like input on android.
  73. Re:Sorry by kiriath · · Score: 1

    I would never say anything of the sort. I'm merely stating that I feel like political news should be excluded from this venue.

  74. An Immigrant's Perspective by TheSpoom · · Score: 4, Insightful

    As an immigrant who came to the US under a K-1 fiance visa, DOMA has always seemed to me to be one of the very worst pieces of active Federal legislation.

    Gay citizens have never been able to sponsor their partners for immigration as my now wife did for me. If she happened to be a guy, we would probably be in a different country right now, even though I came here so she could take her dream job. Make no mistake, DOMA was designed to keep gays out of the country. It should never have been made law, and it should have been repealed long ago. It will be a shameful part in the history of the United States.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:An Immigrant's Perspective by Anonymous Coward · · Score: 0

      DOMA has always seemed to me to be one of the very worst pieces of active Federal legislation.

      While DOMA legislation is not necessary, there is far more damning legislation to be labeled in the "very worst" category, starting with unbounded surveillance, search and seizure and anything legalizing race as an advantage.

    2. Re:An Immigrant's Perspective by Just+Some+Guy · · Score: 1

      While I wholeheartedly agree with you, DOMA supporters would probably consider that a feature and not a bug.

      --
      Dewey, what part of this looks like authorities should be involved?
  75. Re:So as it is by fuzzyfuzzyfungus · · Score: 1

    Who are you to decree how many ring slots his goldfish has? Aren't you being a little judgmental there?

    Don't blame me, I just read the character sheet. I fully respect the right of a goldfish to have built a character that sucks less; but this one apparently didn't.

  76. Re:Sorry by Anonymous Coward · · Score: 0

    And you're an obvious idiot, because if you go to slashdot.org the title across the top of your web browse (or tab) will say "Slashdot: news for nerds". Can't be more obvious than that without stamping it on your forehead!

  77. Attorney General didn't appeal by Cutting_Crew · · Score: 4, Insightful

    I see where the gay marriage ban in California will be overturned because the found that the people didnt have the right to appeal to a lower court. Why did the people do this? Because the AG refused to appeal because he didn't like the gay marriage ban. So what kind of precedent does this set? If the officials of the state don't appeal a ruling then the citizens are pretty much screwed? What kind of crap is that?

    1. Re:Attorney General didn't appeal by bjdevil66 · · Score: 1

      That was a truly disturbing part of the ruling. The SCOTUS said, in effect, that the right to sue for the state's laws isn't in the hands of "the people". It's only in the hands of leaders who weren't willing to enforce the laws they swore to uphold.

      Whether one agrees with gay marriage or not, that betrayal of California's leadership is WRONG. Top officials picking and choose which laws to enforce is a dangerous precedent. Anyone cheering this particular result need to beware of the day that that double-edged sword of selective enforcement can swing both ways.

    2. Re:Attorney General didn't appeal by kb7oeb · · Score: 1

      It's because they couldn't show they were being harmed so they didn't have any standing to appeal.

    3. Re:Attorney General didn't appeal by Anonymous Coward · · Score: 0

      The court ruled that the citizens who were arguing didn't have sufficient interest for standing. From a legal perspective, it's better to let someone with a genuine interest present an argument, even if it is in a different lawsuit, than to have someone with insufficient interest present the same argument poorly, and risk setting precedent invalidating said argument.

    4. Re:Attorney General didn't appeal by Cutting_Crew · · Score: 1

      if they didnt have a sufficient interest then why were the group of citizens in question formed in the first place? What is the court now? Mind readers? They are all of sudden experts in determining whether people are 'genuinely' interested or not? Obviously someone was genuinely interested. And it wasnt the Attorney General, even though he swore to uphold the laws of the state of California. I dont think there is a clause in there that says that he doesnt have the obligation and oath to people of California to not argue in the peoples place if he doesnt like the law. As i stated earlier.. what does that do as precedent to future citizens? If your AG doesnt like the law, even though the people passed the law and the law is questioned in court, they have no right to defend said law if the AG doesnt do his duty? Thats dangerous. REALLY dangerous.

    5. Re:Attorney General didn't appeal by Anonymous Coward · · Score: 2, Informative

      Interest in this case is my short-hand for fiduciary obligation, which is an established legal standard. These citizens are not being held accountable to anyone. The attorney general is at least representing the state because he/she was elected to a four-year term. This is actually a silver lining for the plaintiffs, because the Court could have ruled against them on the merits of the case, which would have set much worse precedent (from their perspective).

      I see nothing in the California constitution that obligates the attorney general to defend a law he feels is unconstitutional. He must, however, ensure uniform and adequate enforcement: http://www.leginfo.ca.gov/.const/.article_5

      If California's AG did not perform to their satisfaction, they can vote for a new one, pass the proposition again, and the new AG will argue the case. The Court's decision does not preclude Prop. 8 from ever being passed again.

    6. Re:Attorney General didn't appeal by slimjim8094 · · Score: 2

      The alternative is forcing the AG to appeal everything all the way up, which is pretty messed up too. It went to court, the state defended, and they lost - you want to require them to fight tooth-and-nail over something they don't agree with? We don't have a democracy, we have a republic - the entire point is so that a group of splenic citizens can't become a dictator. It's literally one of the biggest reasons we elect people to positions with some autonomy is so they can refuse ill-conceived requests of the majority. And that's what happened here.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    7. Re:Attorney General didn't appeal by Anonymous Coward · · Score: 0

      I see where the gay marriage ban in California will be overturned because the found that the people didnt have the right to appeal to a lower court. Why did the people do this? Because the AG refused to appeal because he didn't like the gay marriage ban. So what kind of precedent does this set? If the officials of the state don't appeal a ruling then the citizens are pretty much screwed? What kind of crap is that?

      It is the kind of "crap" most people refer to as "representative democracy". Don't like the AG's decision? Vote him out. Can't vote him out? Go pound sand

    8. Re:Attorney General didn't appeal by T.E.D. · · Score: 1

      If only "the citizens" had the ability to vote for the folks in charge of the executive branch...

    9. Re:Attorney General didn't appeal by Just+Some+Guy · · Score: 1

      You could make the point that the AG was defending the residents of California, and protecting them from the dumbass laws that they passed against themselves.

      :

      --
      Dewey, what part of this looks like authorities should be involved?
    10. Re:Attorney General didn't appeal by Anonymous Coward · · Score: 0

      Actually he did not defend it because he believed it would not stand because it is unconstitutional. Should the AG in a state waste money defending laws that he knows are unconstitutional just to please you?

      And what do you mean screwed... Gay marriage does not in any way shape or form affect straight couples, no matter what they/you think.

    11. Re:Attorney General didn't appeal by nbritton · · Score: 1

      So what kind of precedent does this set? If the officials of the state don't appeal a ruling then the citizens are pretty much screwed?

      Last I checked, they are elected... yes?

    12. Re:Attorney General didn't appeal by CrowderSoup · · Score: 1

      We have neither a republic or a democracy. We have a democratic republic.

      --
      Code, eat, sleep, repeat.
  78. Marriage is not about religion by sjbe · · Score: 3, Insightful

    Why don't we just get the govt (state and feds) OUT of the marriage business?

    I've wondered this for many years. No government at any level has any business creating financial incentives or any kind of restrictions on marriage at all. I see no reason why I should enjoy or be prohibited from any benefits (financial or otherwise) due to my marital status. If we want to say that marriage is a way to bundle certain estate benefits in order to save time then fine but marriage should not be required or incentivized for any of those very same benefits.

    Where I live it is impossible for a man to own a house in just his own name if he is married. However a woman can own a house in her own name if she is married. I'm astonished that discriminatory laws like that remain in effect.

    Marriage is a religious thing...if someone wants to get married, let them find a church to do it.

    No it isn't about religion. I'm married but I'm definitely not religious nor was I married in, around or by a church. A marriage is a just a public acknowledgement of a private fact. I have someone in my life who I care very deeply about and so I made a public commitment to her. Has nothing to do with religion or children or financial benefits at all. You can get married and never involve a church at all. Power to conduct marriages is given by the state to individuals, kind of like being a notary. The fact that the individual so empowered happens to be a member of a church is incidental.

  79. Re:So now that they can't use it as a weapon anymo by geekoid · · Score: 2

    Why blaspheme when you can buttblastpheme?

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  80. Re:Sorry by kiriath · · Score: 1

    I'm fairly positive that the site redesign didn't change the focus - there have always been a handful of political posts. I have always questioned their relevance. There are people from other countries that read slashdot as well, if we cram in too many US Political posts it must be pretty boring for them.

    I feel like it is a function of the scripting that allows you to see how many 'new' posts there are that changes the title. If you search for 'slashdot' on google, it still clearly states the full HTML title. Judging by how well the rest of the site appears to be crafted, I highly doubt that it was a re-branding mistake.

  81. Re:Like Black, Gay is the result of genetic variat by Anonymous Coward · · Score: 0

    Your argument the gay is a choice is like me citing Michael Jackson to prove black is a choice.

    The gay gene has been known about since 1993 and, while hotly disputed, has never been disproven.
    Xq28

  82. Re:Sorry by geekoid · · Score: 1

    You are missing the point. Say stuff that matters as a generic excuse means slashdot might as well just run all news becasue some of it matters to someone.
    What it seemed to mean at the beginning was nerd specific culture news. New Star Wars, for example.

      Yes, there are gay nerds, but THIS issue isn't really a nerd culture item. Its an all cultural item, as opposed to s sub cultural item.
    Nerd where pants, clearly we should run articles on new pant styles . . .

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  83. Re:Sorry by geekoid · · Score: 1

    Those of us from the beginning beg to differ.
    You could look at the archives..if you are brave enough look into the face of how wrong you are.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  84. Marriage is not a religious activity by sjbe · · Score: 3, Insightful

    Marriage is a religious activity, therefore how can the state discriminate on its basis?

    Curious. I'm married and I've never been involved with any church in my entire life. Exactly how is it that I'm married if "marriage is a religious activity? Oh, that's right, churches have no legal power whatsoever aside from power delegated to individual members of the church by the state for that purpose.

    You can be married without ever involving a religious institution. Marriage has nothing to do with religion aside from the fact that many marriages are officiated by members of churches.

  85. Re:Sorry by geekoid · · Score: 1

    Of course, but it isn't a Nerd subculture item.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  86. Re:Sorry by Bing+Tsher+E · · Score: 1

    Sadly, though, it used to be a site where a decent percentage of people could tell the difference between a JFET and a BJT. Or explain the reasons for chosing a J-K Master-Slave instead of a D-Type.

    Unfortunately, "IT" became the craze, and all you need to feel empowered in that is a phillips screwdriver.

  87. Re:Shocking, antidisestablishmentarianism . by bdenton42 · · Score: 1

    does this mean polygamy is now legal?

    It is legal if the State you live in says it is legal. Only then can you attempt to claim Federal benefits under this ruling.

  88. Re:Shocking, antidisestablishmentarianism . by geekoid · · Score: 1

    Nope.

    There are a great many harms that come from polygamy. Real scientifically proven harms, not 'My religion doesn't like it their for it should not be allowed' harms.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  89. Respect OUR rights! by Bl4d3 · · Score: 1

    Don't like alcohol? Don't drink it.
    Don't like porn? Don't watch it.
    Don't like sex? Don't have it.
    Don't like guns? Don't buy them.
    Don't like gay marriage? Don't get one.
    Don't like your rights taken away?
    Don't take away someone else's.

    --
    40% Funny, 40% Insightful, 40% Informative, 40% Dolomite
  90. Re:So as it is by Anonymous Coward · · Score: 0

    You can laugh at this guy and call him a troll (which he probably is), but it's a serious question. There are people who want the right to marry animals, multiple people, or juveniles.

    The answer is that no, you do not have the right to marry anything unless your state says it's legal. I don't know of any state law that allows an adult human being to marry anything except one other adult human being. It's a good bet that states will never go outside that marriage model. But there are groups who want them to.

  91. Re:Like Black, Gay is the result of genetic variat by DaHat · · Score: 1

    The gay gene has been known about since 1993 and, while hotly disputed, has never been disproven.

    While I cannot comment on the specifics of the research... the article you cite is pretty weak, even saying that the original study "indicated a link" (ie did not 'prove a link')... and that a later 1999 study could not confirm the original results.

    Last I checked, in science... proof is had through repeatability, predictability and being widely accepted/recognized... something I do not see here.

    Is there a 'gay gene'? Perhaps... but the evidence does not yet prove that Xq28 is that.

  92. Re:Shocking, antidisestablishmentarianism . by Anonymous Coward · · Score: 0

    Marriage is a religious activity,

    Not another one. Look into the history of marriage sometime and reduce your ignorance level.

  93. Re:Shocking, antidisestablishmentarianism . by Anonymous Coward · · Score: 0

    It means that states may allow it. By the way, banning polygamy in the US was an act for discrimantion against a very specific religion.

  94. Re:Who promises to "obey"? by Bing+Tsher+E · · Score: 1

    You're forgetting those participants who bring Frisbee dogs along with them to the ceremony. Let alone that black lab with the tennis ball in it's mouth.

  95. Sacrement by cockpitcomp · · Score: 1

    People who believe the government's marriage certificate is a religious sacrament are worshiping in the wrong building.

  96. Re:Sorry by Anonymous Coward · · Score: 0

    Since a great number of these "nerds" are in all likelihood gay, it is news at Slashdot.

  97. Supporters just hasten the great satan's downfall. by Anonymous Coward · · Score: 0

    I praise this decision, because it will lead to millions religious americans abandoning the protestant heresy and converting to the apostolic christian catholic and orthodox religions. The ruling will also, eventually lead to a complete split of the USA, into a libertine half (Analkana) and a righteous half (Texarkana), therefore destroying the great evil superpower and leading to truly multi-polar world politics. That will bring the tyrannical global system of oil and cars to its end and we will be able to create a greener world, where St. Francis of Assisi will be the role model instead of Rockefeller.

  98. Re:Like Black, Gay is the result of genetic variat by Anonymous Coward · · Score: 0

    Is there a 'black gene'? Is a person necessarily black just because they have this hypothetical 'black gene'? If a person with this gene chooses to override it and bleach their skin white or stain it black would that alter in any way their genes?

    Perhaps... But but the evidence does not support it. Black, like gay, is just the way you are born. It is genetic, we have evidence it is genetic, it has not yet been proven but neither has gravity, and some people will die of old age before they accept that.

  99. Re:Sorry by sribe · · Score: 1

    Unfortunately, "IT" became the craze, and all you need to feel empowered in that is a phillips screwdriver.

    Bullshit. You also need at least 3 different sizes of Torx to get anywhere these days ;-)

  100. Re:Who promises to "obey"? by Anonymous Coward · · Score: 1

    Only closeted, very repressed gay men talk like you. Set yourself free.

  101. Things can change by sjbe · · Score: 1

    Marriage gives you certain benefits - taxes, insurance rates, access rights, etc - that no other 'grouping' does.

    While that is presently true that does not imply that it should remain that way.

    You're never going to get government out of all of the things that marriage gives benefits to.

    Possibly true but that doesn't mean we should not try to get the government out of something that is none of the government's business.

    Rights are given by the government.

    In the USA rights are inherent to the people and power is granted TO the government for select purposes. Have you actually read the US Constitution or the Declaration of Independence?

    If marriage gives you extra rights, then the government says what those are.

    Marriage doesn't give any rights. I didn't gain any rights when I got married. It does give certain benefits which arguably most or all of which should not require a marriage to obtain.

  102. Words no longer have meaning by Anonymous Coward · · Score: 0

    Now if someone says "I want you to meet my wife" you can't tell the gender of the person talking or the person whom you want to meet.

    Personally, I don't care where people stick their junk or who with or why. I do care that words have meaning. This is the gay culture equivalent of embrace, extend, extinguish.

    1. Re:Words no longer have meaning by Anonymous Coward · · Score: 0

      Now if someone says "I want you to meet my wife" you can't tell the gender of the person talking or the person whom you want to meet.

      Personally, I don't care where people stick their junk or who with or why. I do care that words have meaning. This is the gay culture equivalent of embrace, extend, extinguish.

      Idiotic. Wife always means female. Husband always means male. As to not being able to tell the gender of the person talking, most statements fall into that category, such as, "I'd like you to look at my house."

  103. When do we get equal rights for singles? by elabs · · Score: 1

    Companies pay a single person the same salary as a marriedperson but they pay the married personTHOUSANDS more in health and other benefits. Why?

    1. Re:When do we get equal rights for singles? by Anonymous Coward · · Score: 0

      Because the family is extra shackles tying them to the employer. A single employee can just walk away. A married employee with a family has to worry about feeding them, keeping them healthy, with some sort of shelter.

      On my own I can live in a box. With a family, I have to have something better.

      Those shackles are worth thousands to the company.

      And of course, you get to spend all your income on hookers and booze. A married employee has to spend it on the family.

  104. Re:Sorry by sribe · · Score: 1

    Those of us from the beginning beg to differ.
    You could look at the archives..if you are brave enough look into the face of how wrong you are.

    Been reading it daily for over 10 years, since at least 2000 I think. Your memory is selective.

  105. Wrong. Government *ARE* the one giving rights. by Anonymous Coward · · Score: 0

    "rights are NOT given by the government first of all, we have the rights, the government just acknowledges them."

    Right which are not given by the government and are not enforced by the government do not exists. You can pretend all you want to have a right of 2nd amendment, right to bear arms, in say, Germany, but as the 2nd amendment do not exists in Germany, you do not have such a right. It does not matter if you as individual think a right is natural, inalienable, or whatever, if a government chose to remove you that right, you do not have it anymore, and if a government do not enforce that right for you unto others, you do have it (the best example of it being slavery 19th century, you were not a free man until the government enforced stopping slavery, it did not matter if you thought you had the right to be free, until the governments enforced that you were SOL). Another good example are places on earth where NO governments exists : basically you have no rights whatsoever. If somebody wants to make a slave and are strong enough to do it, well good luck asserting your right of freedom from slavery.

    1. Re:Wrong. Government *ARE* the one giving rights. by Anonymous Coward · · Score: 0

      You mistake the enumeration of rights for the granting of rights. Similarly, you mistake the infringement of rights for the removal of rights. In neither case are the two things synonymous.

  106. Of course it's about the money. by Anonymous Coward · · Score: 0

    PoliticoAgainst: No! Anything that allows a guy to look at another guy's ass and go "MMM! LET ME STICK MY DICK IN IT!" and call it marriage is Bad and Wrong and Evil!

    PoliticoFor: Well, you DO know that, if we allow it, we can bilk them for more taxes right? And not just a LITTLE more.

    PoliticoAgainst: Hmm.

    PoliticoFor: Lots and LOTS of money! And kickbacks in lobbying!

    PoliticoAgainst: WE SUPPORT BUTT PIRATE MARRIAGE! LEGALIZE BUTT PIRATE MARRIAGE!

  107. Re:Sorry by CanHasDIY · · Score: 1

    I would never say anything of the sort. I'm merely stating that I feel like political news should be excluded from this venue.

    Then stop putting it up there.

    Wait, what's that? It's not your website? Then why should anyone care what you think about the content?

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  108. Re:Shocking, antidisestablishmentarianism . by Anonymous Coward · · Score: 0

    Put simply, if marriage was not a civil thing, there would be no regulation at all on it.

    Put simply, that's circular reasoning.

  109. Which is wrong actually by Anonymous Coward · · Score: 0

    ""bible says marriage is 1man+1woman! error! error!"" says the people not having read the bible. In the bible mariage is pretty much involving any number of man , women, sister, daughter, and in laws and probably donkey for some of the part of the old testament.

  110. protects women by iggymanz · · Score: 1

    the laws of marriage mostly protect women, that is very much the government's business.

  111. Don't Pass Unconstitutional Acts by RichMan · · Score: 1

    No unconstitutional act should be passed by a government. Proper research and legal opinion should be required before passing any act. That said, to enforce this and require proper research and study any act found to be unconsitutional should make those who supported the acts passing legally and fiscally responsible for any consequences of the act.

    Don't Pass Unconstitutional Acts

    Both the Left and the Right should support that.

  112. DOMA is not "overturned", just a part of it. by Dredd13 · · Score: 1

    Only Section 3 of DOMA has been ruled unconstitutional (the definition of marriage)

    Section 2 - where anti-gay-marriage states do not have to recognize gay marriages from other states - is alive and well (and awful).

    1. Re:DOMA is not "overturned", just a part of it. by the+eric+conspiracy · · Score: 1

      Yes, it's awful, but few people are affected by it.

      As a result there hasn't been anyone who has been able to develop standing to bring a case against it.

    2. Re:DOMA is not "overturned", just a part of it. by Dredd13 · · Score: 1

      "few" people? you think people don't move that often state to state?

    3. Re:DOMA is not "overturned", just a part of it. by Anonymous Coward · · Score: 0

      What he means is that few people who entered into a same-sex marriage in a state that allows it subsequently move to a state that doesn't. That seems a pretty reasonable assumption.

    4. Re:DOMA is not "overturned", just a part of it. by m3000 · · Score: 1

      Considering 6.7 million moved to a different state in 2010 (quickest I could find with googling) it could affect quite a large number of people actually.

    5. Re:DOMA is not "overturned", just a part of it. by the+eric+conspiracy · · Score: 1

      1. You need to be a married gay couple.
      2. Who moves to a state which uses DOMA to ignore your homosexual marriage.
      3. Which then causes you to be harmed in some substantial way.

      People have been trying to recruit such a couple to challenge DOMA part 2. Nothing has come up.

  113. Ultimately, one subjective judge decided on Prop 8 by bjdevil66 · · Score: 1

    When the dust settles, people on both sides have to admit that maybe there was a problem with a homosexual judge ultimately deciding Proposition 8's fate. And before anyone says, "A straight judge could've been equally subjective," read the text of that judge's original decision to toss Prop 8. I find it hard to believe that a judge on either side of the issue could've been any less objective w/o outing themselves as a crusading activist.

  114. In a world where population growth is a concern... by 3seas · · Score: 1

    ... where is the problem with same sex marriage?

  115. Between Two Marriage is Between Two by rea1l1 · · Score: 0

    Marriage is a concept - this concept does not and morally should not require anyone's permission. Marriage is a bond between two people, made alone by by those two people, to commit to being together until death. No one should really care whether the government recognizes their marriage or not, its a very personal affair and doesn't require the authorization of anyone to hold true to their commitment.

    The problem is only a problem today because wed people have less money taken away from them by the government and so other people want the same respect. Every time the government says "You're not really married, pay us more money!" is kind of like a huge slap in the face. It's a matter of extreme disrespect, because you're telling a person that the bond they wish to make with another human, their choice, is being disrespected.

    Marriage in our society is a huge concept that needs to be recognized by society as a commitment between two people, having no bond in the physical or financial worlds, but one of altruism.

    If I tell a girl that I would like to be with her forever and she says she would like to be with me forever, and we agree to be with each other forever, and we are with each other forever, then we're married.

    SHIT! Most people today who think they're married aren't! The divorce rate is at an all time high! Divorce isn't the "early ending" of a marriage, its just letting the government know that what you told them before isn't true - you weren't together forever.

  116. Re:Disagree by Anonymous Coward · · Score: 0

    I'm pretty sure the Framers would be aghast that the Federal Government has *anything* to say about marriage to begin with.

  117. IOW marriage has been coopted by cults. by Anonymous Coward · · Score: 0

    IOW marriage has been coopted by cults.

    Thankfully the US govt. is now in the process of regaining control of that institution, in order to protect the rights of those who have been denied them (Gays, Lesbians, etc.)

    Hopefully we will soon see these marriage rights extended even further to include and allow polygamous, polyamorous, adult incestuous relationships and other variations.

    Vive la difference!

    ironic captcha: disturb

  118. All that, and nothing really changes. by Anonymous Coward · · Score: 0

    Its called political posturing and pandering for votes.

    Quit being sheep, govt has no business deciding who can and can not get married anyway.

  119. Re:Sorry by kiriath · · Score: 1

    Oh yeah, I totally forgot I don't own slashdot. Thanks for reminding me.

  120. I'm so confused! by argStyopa · · Score: 1

    Wait, I was just told yesterday that the US Supreme Court was irredeemably conservative-biased and packed with old-school racists that want to take away the rights of black people to vote?
    Now the other channel is telling me that the US Supreme Court is *actually* made up of leftist communists that want fags to get married?

    Which IS it?

    --
    -Styopa
  121. Re:Shocking, antidisestablishmentarianism . by meglon · · Score: 1

    ....try the idea of two mother-in-laws. Now we know what Marlon Brando was really talking about.

    --
    Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
  122. Why is this on SlashDot? by Anonymous Coward · · Score: 0

    What the heck does this have anything to do with SlashDot type stuff?

  123. Pretty awesome precedent, actually by Anonymous Coward · · Score: 1

    I see where the gay marriage ban in California will be overturned because the found that the people didnt have the right to appeal to a lower court. Why did the people do this? Because the AG refused to appeal because he didn't like the gay marriage ban.

    The (democratically elected, BTW) AG, in her professional opinion as, you know, an attorney, determined that the law was unconstitutional and refused to enforce it.

    Suppose that, say, the Mississippi legislature, passed a law making it legal to hold slaves in that state. (Again, I mean.) By your standard, the AG of Mississippi couldn't say, "No, sorry, we tried this already, and it's not legal under the US Constitution. Anymore." He or she would have to attempt to enforce it, up to and including going before Federal judges and saying, "Yeah, look, my constituents are idiots, I know this is illegal, you know this is illegal, but I am totally going to try it anyway because state law."

    So what kind of precedent does this set? If the officials of the state don't appeal a ruling then the citizens are pretty much screwed? What kind of crap is that?

    Well, yes, there is always the potential for the abuse of elected (or appointed, however your AG works) power.

    Supposing the officials of a state failed to enforce some law, any citizens who were, in fact, screwed would be able to sue. But they'd have to show standing; they'd have to demonstrate that the state actually screwed you in some way. Which these folks from California failed to do, because "OMG the state totally allowed these two dudes who live here to get married!" does not constitute "harm."

    In this case, "the people" were not screwed. That was the meat of the decision: The Supremes carefully considered whether anyone was screwed, and decided that the people complaining had, in fact, not been screwed.* Whether anyone had been screwed was crucial to the decision; had there been anyone who could show that they were screwed, they would have standing and would be able to sue.

    (*The only people getting screwed** were the gay newlyweds, and, hell, that's why they got married. So they could, you know, screw each other. At least until that whole newlywed glow wears off and they sette into the everyday grind of married life.)

    (** Yes, I am enjoying the double entendre of the word "screwed." Glad you noticed.)

    1. Re:Pretty awesome precedent, actually by Cutting_Crew · · Score: 1

      The (democratically elected, BTW) AG, in her professional opinion as, you know, an attorney, determined that the law was unconstitutional and refused to enforce it.

      He, under oath, swore to enforce laws passed by her constituents. It isn't her job to determine where something in unconstitutional or not. People always complain around here about a theocracy and this sounds like a pure theocratical power grab by the AG. And yes, you can vote the AG out, eventually, but the AG in the case should be downright impeached for not upholding what he vowed to uphold.

      Well, yes, there is always the potential for the abuse of elected (or appointed, however your AG works) power.

      That was the meat of the decision: The Supremes carefully considered whether anyone was screwed, and decided that the people complaining had, in fact, not been screwed.*

      The people complaining just wasnt about them bring *screwed but all the of the people of the state of california being *screwed as well. Why have an amendment that the people of california vote on that can so easily be refuted? That doesn;t seem like something the founding fathers would have wanted or approved of. On top of that the very same people (and a small group of people in question here that was sent to represent everyone else who voted for Prop 8.) can't even defend what was voted on because the AG refuses to enforce it? This just wasnt about harm to the 6 or 7 individuals before the court but to rest of the people of california and harm to amendment system as well.

      As bjdevil said earlier, this is WRONG. He should be at least impeached. At least. And this is a BAD precedent. Next thing you know some other law will get passed and the AG will say, "hey i don't llke that law, *screw it!, I am not going to enforce it.

    2. Re:Pretty awesome precedent, actually by Anonymous Coward · · Score: 1

      The (democratically elected, BTW) AG, in her professional opinion as, you know, an attorney, determined that the law was unconstitutional and refused to enforce it.

      He, under oath, swore to enforce laws passed by her constituents.

      She swore, under oath, that she would "support and defend the Constitution of the United States."

      That's kind of a big deal. It's like, the granddaddy of all laws here in the US. All other laws, passed by constituents or otherwise, are secondary.

      You should read it sometime. You'd learn a lot.

      It isn't her job to determine where something in unconstitutional or not.

      It absolutely is, firstly because she is a state officer [see above] and secondly, because she is the attorney general, who is first and foremost an attorney. And as such, she was required to give honest counsel to her clients, in this case the State of California.

      People always complain around here about a theocracy and this sounds like a pure theocratical power grab by the AG.

      I don't think you know what that word means. Are you alleging that the AG of California is claiming to be herself god? Or that she is claiming [a] god is guiding her legal opinions? On what do you base this assertion?

      And yes, you can vote the AG out, eventually, but the AG in the case should be downright impeached for not upholding what he vowed to uphold.

      You mean...the Constitution?

      Well, yes, there is always the potential for the abuse of elected (or appointed, however your AG works) power.

      That was the meat of the decision: The Supremes carefully considered whether anyone was screwed, and decided that the people complaining had, in fact, not been screwed.*

      The people complaining just wasnt about them bring *screwed but all the of the people of the state of california being *screwed as well.

      Seriously, go read that decision. It's linked. Go read it. Try to understand it.

      Why have an amendment that the people of california vote on that can so easily be refuted?

      That is, ironically, very close to what the Court asked. The Supremes said, "It doesn't affect you in any way that gay people are getting married. Therefore, it doesn't matter to anyone whether the ban is enforced or not. If it ever does harm you in any way, you can come back and we'll consider that, but right now, why should you or us give a rats ass?"

      That doesn;t seem like something the founding fathers would have wanted or approved of.

      Go read your history. And go read the Constitution, which you appear to be totally ignorant of.

      The Founding Fathers were extremely suspicious of things like this ban, passed by majority vote of the population That's why they created things like the Electoral College, and Congress, and the executives, and all the other ways that our government is insulated from the whims of the majority.

      On top of that the very same people (and a small group of people in question here that was sent to represent everyone else who voted for Prop 8.) can't even defend what was voted on because the AG refuses to enforce it? This just wasnt about harm to the 6 or 7 individuals before the court but to rest of the people of california and harm to amendment system as well.

      This is the system working as designed: government working to restrict the whims of an angry majority to curtail the rights of a minority. Not one person or group was harmed in any way, so sayeth the Court.

      As bjdevil said earlier, this is WRONG. He should be at least impeached. At least.

      Okay, I have no idea

    3. Re:Pretty awesome precedent, actually by tbannist · · Score: 1

      He, under oath, swore to enforce laws passed by her constituents. It isn't her job to determine where something in unconstitutional or not.

      Contrary to what the AC wrote, the AG was enforcing the law. She has chosen, however, not to continue arguing with the courts after they have ruled the law unconstitutional. Given your conviction that "It isn't her job to determine whether something is unconsitituional or not" she has already fullfilled her obligation by defending the law in court once. There courts judgement is, in her professional opinion, fair and there seem to be no obvious grounds for appeal that are likely to succeed.

      People always complain around here about a theocracy and this sounds like a pure theocratical power grab by the AG.

      From this sentence, it appears that you do not know what a theocracy is because the sentence simply doesn't make sense, given the facts of the case.

      Why have an amendment that the people of california vote on that can so easily be refuted?

      Why indeed, I wonder why the Prop 8 supports, many of them from Utah, even bothered to spend so much money getting an obviously discriminatory law passed.

      As bjdevil said earlier, this is WRONG. He should be at least impeached. At least. And this is a BAD precedent. Next thing you know some other law will get passed and the AG will say, "hey i don't llke that law, *screw it!, I am not going to enforce it.

      That would be a bad precedent but as far as I am aware, that is an entirely fictional scenario that has nothing to with the present case, where the AG defended in court the legislation constitutionality, lost, and accepted the court's verdict.

      --
      Fanatically anti-fanatical
    4. Re:Pretty awesome precedent, actually by Rich0 · · Score: 1

      When AGs disagree with court decisions they appeal them. I've yet to see chances of winning really enter into it that strongly unless they don't care a great deal about the issue at heart.

      Frankly, I think that this voter proposition should have been struck down, but on the grounds that it was a civil rights violation, not that only the state can petition the court for a review of a struck down voter proposition.

      The whole reason ballot initiatives exist is because politicians don't always do what the voters want them to do.

  124. A genuine question by wonkey_monkey · · Score: 1

    Why shouldn't any two people be able to enter into a contract and receive these kind of tax/pension/health/inheritance benefits? What about two elderly sisters who only have each other in the world? Why is marriage, now that everyone's coming around to the idea that it's not solely - or even mainly - about procreation, still limited to couples who can legally have sex with each other*?

    *Counter examples welcome, so don't be a dick just because you can prove me wrong. That doesn't automatically make you better than me.

    --
    systemd is Roko's Basilisk.
    1. Re:A genuine question by moeinvt · · Score: 1

      I see no good reason why that shouldn't be the case. It's ridiculous that government gets to define a relationship called "marriage" and then empowers itself to make laws which affect people differently depending on whether or not they are in a "marriage".

      If the law states that your "marriage partner" gets your SS benefits after you die, the law should be changed so that:

      A) Nobody gets them.
      or
      B) Your designated beneficiary (whomever it is) gets them.

  125. Re:So as it is by Anonymous Coward · · Score: 0

    Marriage is a contract between consenting "adults" (quoted as I think it works differently for minors over 16 or 17 in different areas? IANAL.).

    If your pet gold fish is legally recognized as being able to consent to contracts, then yes. But until that unlikely development, the answer will be no. And even if your fish was granted that capability, why do you think they would want to marry you?

    The same for marrying a person of any age, so you will have to keep your pedo tendencies in check. That is completely unaffected by the current discussion. This is so far out from it that I'm not sure why you brought it up, any reason I can think of makes me a bit uncomfortable (not in a good way)...

    As for multiple people, which is also completely outside the current discussion- isn't one set of in-laws enough?

  126. Re:Sorry by CanHasDIY · · Score: 1

    No worries, glad to be of service.

    Just do us all a favor, and try to keep that in mind the next time you're tempted to complain about what other people do with their own property.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  127. Re:Shocking, antidisestablishmentarianism . by Anonymous Coward · · Score: 0

    Weddings happen without religion and happened long before religion.

    [Citation needed]

  128. Speaking as multiple people by Anonymous Coward · · Score: 0

    I say, now where did we put our medicine?

  129. Simple solution... by Anonymous Coward · · Score: 0

    ... it's called 'Freedom of NON-Association'.

    Those of us who are against gay marriage, and/or who simply don't want to come into contact with, have the RIGHT to NOT associate with them.

    White people who - shock horror - simply want to live with their own kind, have the RIGHT to NOT associate with non-whites.

    And the reverse is true as well.

    Tibetans have the RIGHT to not associate with Chinese, i.e. to not have their country INVADED by Chinese.

    Care to explain to us all why you think anybody has the right to FORCE themselves into the living space of others, who don't want them around?

    Your 'precious' blacks don't seem to want to separate from those damn 'racist' whites, why is that? Every year, millions of white people move house to get away from 'diversity' - who gave YOU the right to ruin their lives and FORCE them to live with people they don't want to? Would you like to decide who they MARRY next too? Or who their friends are?

  130. Gay Marriage by Anonymous Coward · · Score: 1

    Marriage has just been redefined. Before all this buffoonary, there was no such thing as Gay Marriage, it was created by those that wanted to redefine the word marriage for their personal agenda and succeeded by Liberal ideology.
    What next, should I be allowed to marry my dog? How about my sister, my brother, my daughter? Are you going to deny those that wish to?

    1. Re:Gay Marriage by Anonymous Coward · · Score: 0

      Marriage has just been redefined.

      Well then, you had better not get married. Or if you are, get divorced. Or people will think you are gay.

      My wife and I had to give this some serious thought when all the stupid rednecks started getting married. We didn't want people to think we lived in a single-wide mobile home because of our involvement with the same activity as that crowd.

      should I be allowed to marry my dog?

      If the only think keeping you from marrying your dog is a state or federal law, seek help.

  131. Re:Sorry by kiriath · · Score: 1

    Yeah, I'll try to refrain from expression opinions too - opinions suck!

  132. Re:Sorry by CanHasDIY · · Score: 1

    Judging from what you've expressed thus far, I'd say that's probably for the best.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  133. Re:Shocking, antidisestablishmentarianism . by adamstew · · Score: 1

    These types of questions just speak volumes to the ignorance that is prevalent in society in regards to this issue. I can't tell if you are being sarcastic or not. I think and hope that you are.

    Basically, all the Supreme Court said today was that "If a state recognizes a same-sex marriage, then the federal government must also recognize that marriage."

    So at this point, it's up to the individual states to define what is a marriage within their state. The federal government MUST accept that definition of marriage. No more. No Less.

    So basically, if a state were to recognize polygamous marriages as legal, then I would think that the federal government would have to accept them. If a state were to recognize a marriage and one (or more) of the participants in the marriage were under the age of 18, then I would think the federal government would be required to recognize those marriages as well...in fact, many states do recognize marriages between people under the age of 18 and the federal government does recognize them.

    I do believe that there are no states that currently recognize polygamous marriages. But some states do allow marriages by persons under the age of 18, some of them require parental consent and other various requirements to be legal.

    Now, as a completely separate issue, pretty much all of the proponents of same-sex marriage haven't been advocating for polygamy or pedophilia. The argument has always been, and this is my view as well, "As long as the marriage between two consenting adults, it should be legal."

    This means that bestiality isn't being advocated for, animals aren't capable of giving consent. It also means that pedophilia isn't being advocated for, since minors are typically unable to give consent in many legal situations and they aren't adults. It also means that polygamy isn't being advocated for, since it involves more than two people.

    But, for me, marriage is viewed as more of a life-long contract of commitment to each other. So, in my view, bestiality shouldn't be legal, since animals don't have the legal or even the mental capacity of giving consent. Marriage with minors also shouldn't be legal, since minors don't have the legal capacity to enter in to most contracts by themselves, and are often times not developed enough to make those decisions in the best way anyway (which means they lack the ability to make a properly informed consent).

    Marriages with 3 or more partners is more of a grey area for me. If everyone is capable of giving consent and they all consent to the arrangement, and everyone is an adult, then I see little issue with it since it doesn't really impact me in any meaningful way. "Pursuit of happiness" and all that...do whatever you want. My only doubt on it would be the fact that there are no real "three-way relationships". There are only all of the possible two-way relationships that can exist between the three (or more) individuals.... i.e., you can't have one relationship with 2 other people, you can only have 2 (or more) relationships with one other person.

  134. Re:Sorry by Kielistic · · Score: 1

    Nerds get married too.

  135. Re:Shocking, antidisestablishmentarianism . by DigiShaman · · Score: 1

    Traditionally, marriage has always been between a man and a women. Now personally, I hold that definition as in fact culturally 'traditional'. However, I do not personally hold it against anyone that wish to be recognized as a married homosexual couple or a polygamous family. For me, this issue is one out of legality. The goal-post of the definition of "Marriage" did not get moved to include homosexuals. That goal-post got knocked down to include...well...whatever the states want. Which BTW is how to should be; a state right.

    --
    Life is not for the lazy.
  136. Re:In a world where population growth is a concern by pauljlucas · · Score: 1
    That's a pretty myopic statement. It's not like gay people, when denied the right to marry, suddenly turn straight, marry people of the opposite sex, and have kids thus contributing to population growth; or when they do marry produce fewer kids than they otherwise would have. No, gay people will be with members of the same sex whom they love regardless of whether they're married or not. Marriage only confers legal rights (taxation, survivor benefits, military benefits, etc.) and has nothing to do with children.

    Incidentally, some gay couples do choose to be biological parents. Marriage, sexual orientation, and having children are three distinct things that really don't have much to do with each other.

    --
    If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
  137. Definition of Law by Anonymous Coward · · Score: 0

    I don't remember the author of the phrase: "I remember when lawful ment within the law, now it means some kind of loophole". I suppose it comes handy because if the didn't care at all about the laws of History, it was pretty obvious that nature's had to be next. They should have started by asking the definition of Law in the real and special English-speaking dictionary (unfortunately not related at all with the one in that British magazine).

  138. Re:Sorry by kiriath · · Score: 1

    Expressing, silly spell check.

  139. Re:Sorry by kiriath · · Score: 1

    Probably so!

  140. Re:Sorry by CanHasDIY · · Score: 1

    ...

    Bit of a glutton for punishment, aren't we?

    Lol, you're alright with me, man.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  141. Who needs Congress? by Anonymous Coward · · Score: 0

    Who needs Congress? The Supreme Court makes America's laws now. Next ruling of the Supreme Court will be to outlaw religion. You think I jest?

  142. Marriage is Awful whether you're gay or straight by Anonymous Coward · · Score: 0

    Who the fuck gets married anymore anyways... It's a trap. "Hey, if gay people wanna get married and be miserable like the rest of us, I say let 'em." - Peter Griffin.

  143. Scalia's dissent wasn't about keeping DOMA by aegl · · Score: 1

    Scalia was outraged that SCOTUS hadn't dismissed Windsor for the pretty much the same reasons that they dismissed Perry. There was no case. The district court said that DOMA(3) was not constitutional. The government agreed. Should have been end of story with DOMA(3) in the trashcan (in that district ... but with more to follow from other cases like Golinski, Pederson, Gil, and a dozen others). The supreme court exists to resolve disputes - and there was no dispute here. Both parties to the case were in full agreement.

    The only fly in the ointment was Speaker John Boehner sending in the BLAG (bi-partisan legal advisory group - which is anything *but* bi-partisan since the authorization came from a 3-2 committee vote of Republicans vs. Democrats) to make the appeals to the circuit court and then to SCOTUS.

    So Scalia's preferred outcome would probably have been to deny Cert in the first place, or to ditch the case on standing grounds - either of which would have still resulted in DOMA(3) being struck down.

    The latter part of his dissent makes it clear that he isn't a big fan of same sex marriage

  144. "Charter of negative liberties" by GPS+Pilot · · Score: 2

    Effectively, the US Constitution is a negative constitution. Most constitutions enumerate rights with a list, like the UN Declaration of Rights. The US Constitution gives all rights to the people except the ones that it has enumerated to belong to the government.

    You are correct, and that is why our current president dislikes the Constitution. In complaining that the Constitution is "a charter of negative liberties," he expresses a goal that's completely at odds with the Founders’ vision.

    --
    That that is is that that that that is not is not.
  145. Parent is underrated. Here's why. by Beryllium+Sphere(tm) · · Score: 1

    It's key to the whole idea of a unified country that states recognize each other's legal actions. That's why it's in black and white.

    Ignoring another state's marriage violates the spirit of the constitution, its plain language, and hundreds of years of precedent, including precedent about marriages and divorces (see history of Nevada).

  146. Not our invention, so it's ours... by Bremic · · Score: 1

    Considering the number of religions that use marriage, the number of societies that use marriage, the number of governments that use marriage and the history of marriage existing before many of the currently popular religions (including Christianity) - would it not make more sense to separate marriage from religion?

    When you get married in a civil service you are proclaimed to be married.
    When you get married in most religious services I have seen, the key phrase seems to be "Joined Under God" - even during the service the word marriage is secondary.

    So lets let each religion define their own term, and let marriage be the socially acceptable form that incorporates all races, creeds, colours, and orientations.

    Of course this wont happen, because a group of people who follow a man who preached tolerance, generosity and hope all spend their lives practicing discrimination, greed and fear.

  147. It takes a lot of education to give up your rights by NemoinSpace · · Score: 1

    especially the unalienable ones!

  148. How's that taste Utah? by Anonymous Coward · · Score: 0

    Look what you have done for the cause you started in California! Next time, keep it at home.

  149. Re:Sorry by kiriath · · Score: 1

    lol

    The world continues as it is, because of differing opinions... think of how boring it would be if we all agreed on everything.

  150. Yes, other motives... by gillbates · · Score: 1

    But not if they move to Alabama or North Carolina. You would be well served to read the opinion - it specifically allows the *each state* to decide marriage in a manner binding upon the federal government. The most cogent arguments are made not by the majority, but by the dissenters, which point out, among other things, that this precedent would allow couples formerly considered married to lose that status if they moved to a state which did not recognize them as married.

    A marriage is organized around extending to others the very same gift of life they received from their parents. A gay couple, by their choice, avoids even the possibility of having children.

    As a state provides for itself by taxing the incomes of people, it would better serve its own interests to encourage the former arrangement and discourage the latter. While there are many arguments in favor of traditional marriage, the fact that a traditional marriage is arranged for the material interests of the state is all the justification needed for a state to define marriage as the union of one man and one woman. The religious, civil, and social aspects of this arrangement can be completely irrelevant. Likewise, what DOMA did was codify the definition of marriage for the sake of government efficiency and uniformity - and believe it or not, judicial precedent considers this reason alone a legitimate reason for a law. There is nothing in the Constitution which would prevent Congress from changing the law to recognize gay couples as married. But they have not done so.

    Instead, the Supreme Court has changed the meaning of the law in a way the original authors did not intend. This is a very bad precedent to set in general, but even worse when one recognizes that this ruling makes a law limiting marriage to one man and one woman Constitutionally valid, so long as it is passed at the state level, rather than the federal. How the federal government deals with a surviving spouse who moves to a state where their marriage is considered invalid, we have yet to see. But it seems to me that instead of settling the issue of marriage, the decision today allows for the polarization of the issue along state lines. It further allows for a time in which, after public backlash, the states decide that gay marriage was a mistake, and subsequently invalidate - by legislative fiat - many "gay marriages" - opening the door for the federal government to prosecute for back taxes and denial of government benefits. If the state in which one resides does not consider a couple legally married, from the federal point of view, they are not. And this decision strengthens the state's case, rather than the individual's.

    Under this ruling, the partner of a gay soldier from California would be entitled to a surviving spouse pension, whereas one from Alabama would not.

    Under this ruling, Utah could allow a man to marry multiple wives, and the federal government would be required to pay a social security pension *to each one of them* upon his death.

    However, if the man moved to Illinois before he died, none of his wives would be eligible for a social security pension. Worse, they would all have to pay taxes on his estate because Illinois doesn't recognize polygamy as valid.

    From a legal perspective, this is a really bad ruling. There are better ways of changing the law than judicial activism; Congress passed the Civil Rights act of 1964 in a time when racism was still very much a large part of American culture. They did it because it was the right thing to do. But redefining marriage to specifically include immoral relationships is particularly prejudicial against Christians, Jews, and Muslims, and infringes on their rights to live according to their faith. Congress could have chosen to recognize unions other than marriage, or not to recognize it at all, but again, they have not done so. Instead, our laws are being vetted not by our elected representatives, but by appointed judges.

    What will happen when, in the opinion of the Supreme Court, gay marriage is unconstitutional? Or an affront to liberty?

    Regardless of whether you agree with the outcome or not, this decision came at the cost of our ability to self-govern.

    --
    The society for a thought-free internet welcomes you.
    1. Re:Yes, other motives... by ultranova · · Score: 1

      But redefining marriage to specifically include immoral relationships is particularly prejudicial against Christians, Jews, and Muslims, and infringes on their rights to live according to their faith.

      Gays marrying no more infringes on the rights of those who think it's immoral than me eating pork and washing it down with beer infringes on the rights of Jews and Muslims.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  151. Re:Like Black, Gay is the result of genetic variat by Uberbah · · Score: 1

    No, GAY is a choice, RACE is trait. Check your facts--it's not even a close comparison.

    So when did you chose to stop loving the cock and focus on boxes instead, since sexuality is a choice? When you were 13? 16? 30?

  152. Re:Good ... it's simple, folks! by duz2600 · · Score: 1

    The Government should not interfere in the denial for Rights. What God has joined together, let no man put asunder! Creeping control into individual Rights in the name of "fair", or "tax deductions" is onerous! But, what do I know, having married in a hetero relationship, and having been raised in the military, and then serving over 20 years in the USAF! I have served in foreign lands, in a dozen countries. None havethe Rights that only Americans enjoy, and we are right now under attack by politicians and beaureaucrats who would use the law to further their own ends! they make themselves irrelevant, but the time to bring them to lawful conclusion is too long and harmful to all of us! Here's what I do know, "When they came for the Baptist, I ws silent, for I was Catholic..." I say, we all have the exact same Rights, and none can be infringed, or else, all are infringed! "The Right of Way" is NOT something anyone OWNS, it is only something you can surrender! Same with all other Rights! Consideration will result in the conclusion that any person or office of government which imposes on Rights need be removed from the field!

  153. Re:So now that they can't use it as a weapon anymo by samwichse · · Score: 1

    It means he wants a fiscal conservative party, not a religious conservative party. Right now, the two are mixed together in the Republican party.

    And no, I don't count the libertarian party. They're more like... the borderline anarchist party.

    I want a party that has financial responsibility without saying they want to gut everything to do with government.

    Sam

  154. Re:Sorry by Rakarra · · Score: 1

    stuff that matters.

    By that token there is almost no standard for what runs on Slashdot then.

  155. Re:Shocking, antidisestablishmentarianism . by Rakarra · · Score: 1

    ....try the idea of two mother-in-laws

    Hmmm, what if you married someone who had been adopted at birth by a lesbian couple? Wouldn't that mean you had two mothers-in-law and no father-in-law? Not biologically speaking, of course, but biology doesn't matter much on the topic of in-laws.

  156. Fags by Anonymous Coward · · Score: 0

    Kill all fags!

  157. You would be right, if ... by gillbates · · Score: 1

    You would be correct if marriage was not defined in law. If a gay couple had a ceremony and considered themselves "married", it would make no difference.

    But to use your analogy, imagine for a moment that the FDA required all beef - even that mixed with pork or chicken products - to be marked as kosher. And further made it illegal to disclose to the customer, or for the customer to select beef based on the presence or absence of pork products. Such a law would definitely infringe the rights of Jews and Muslims because it would make it impossible for them to eat any beef product. Redefining the term kosher would render it meaningless in a way insignificant to the general public, but very significant to those who use it as a means of compliance with their religion.

    Christians, Jews, and Muslims consider marriage an act of God, not of mankind. Surely you've heard the term, "A match made in Heaven", which alludes to God's involvement in bringing a man and a woman together. To call two men or two women married profanes a relationship considered sacred, and reduces marriage to mean, more or less, that two people are simply fucking each other on a permanent basis. It reduces the societal esteem of all marriages, because marriage no longer means that something sacred and wonderful has occurred between a man and a woman, but only that two people have decided to live with one another.

    To further put this in perspective, consider how offensive it would be, if a police officer were to inquire about your wife, "Is that your bitch, or is she someone else's ho?" If it would be offensive to regard your relationship with your wife as nothing more meaningful than that of a prostitute, how much more offensive is it that the Supreme Court of the United States considers your marriage to be roughly analagous to two men committing sodomy.

    --
    The society for a thought-free internet welcomes you.
    1. Re:You would be right, if ... by ultranova · · Score: 1

      But to use your analogy, imagine for a moment that the FDA required all beef - even that mixed with pork or chicken products - to be marked as kosher.

      "Kosher" is a term specific to Jewish dietary laws, while "marriage" is not specific to abrahamic religions. Furthermore, marking everything kosher would make it difficult to avoid pork, while calling gay marriage marriage makes it no more difficult for you to avoid marrying someone of your gender than it already was. Your analogy is flawed to the point of irrelevance.

      Or, to put it another way: selling something as "kosher" when it's not is false advertising and falls under (secular) consumer protection laws, while calling gay marriage marriage does not, since no one's trying to sell you something.

      Christians, Jews, and Muslims consider marriage an act of God, not of mankind. Surely you've heard the term, "A match made in Heaven", which alludes to God's involvement in bringing a man and a woman together. To call two men or two women married profanes a relationship considered sacred, and reduces marriage to mean, more or less, that two people are simply fucking each other on a permanent basis.

      To call some relationship a marriage in no way affects any other relationship. How could it, if they are "acts of God" and "matches made in Heaven"?

      It reduces the societal esteem of all marriages, because marriage no longer means that something sacred and wonderful has occurred between a man and a woman, but only that two people have decided to live with one another.

      So basically, what this really comes down to is that high school never ends?

      Also, it occurs to me that judging the same thing to be either sacred or profane based solely on the shape of the genitals of the people involved seems very much like something a mortal meatbag, rather than an eternal spirit, would do.

      To further put this in perspective, consider how offensive it would be, if a police officer were to inquire about your wife, "Is that your bitch, or is she someone else's ho?" If it would be offensive to regard your relationship with your wife as nothing more meaningful than that of a prostitute, how much more offensive is it that the Supreme Court of the United States considers your marriage to be roughly analagous to two men committing sodomy.

      Except, of course, no one has claimed that people having sex is the same as people getting married. Beyond that, you're a human being. Gays are human beings. Should we declare that gays are not, in fact, human beings, since otherwise someone might think that you are roughly analogous to them?

      Grow up.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  158. Sad Country by toocoded · · Score: 1

    So same sex marriages come into effect.. what next? the right to murder without penalty? The right to marry pets or children? Seriously think about this, if everyone throw out the natural order or the foundation rules just get get what they want, the result is simply CHAOS. From now on everyone is going to believe that what they selfishly desire is their right to get.

  159. False advertising indeed by gillbates · · Score: 1

    Or, to put it another way: selling something as "kosher" when it's not is false advertising and falls under (secular) consumer protection laws, while calling gay marriage marriage does not, since no one's trying to sell you something.

    Yes, but the government does make significant decisions with respect to marriage. To call two gays married is to misrepresent their relationshiop; they want to be afforded the social status and respect of being married, without actually making the same committment that heterosexuals are making. I didn't buy gay marriage; I can't take it back for a refund should it turn out to be defective. Instead, whether you agree with it or not, the Supreme Court has told a lie: that two gays can be married. There isn't a society in the known history of the world that has ever done this. Not even Sodom and Gomorrah.

    In marriage, the spouses participate in the continuum of life that brought each of them into the world; when two gays get together, they do so with the understanding that they will not ever be a part of this continuum. Whether or not you consider such a relationship worthy of respect is a personal, subjective opinion. By contrast, the government has to make decisions on objectively determinable criteria; by that standard, a marriage does something that no gay union ever will: it provides the future generation of citizens.

    The subjective feelings of individuals and how they esteem various relationships doesn't change the objective reality that the next generation of society comes largely from marriages, and in the rare cases when it doesn't, creates burdens which must be shouldered by the rest of society. On that basis alone, marriage and gay unions are objectively different, and thus an objective, rational reason exists for the government to differentiate between unions which are merely personal commitments to one another and those which are directed toward, and arranged for the purpose of, bringing new life into the world.

    You might believe that gay relationships are wonderful, but even so, they are not marriages, and to fail to make the distinction glosses over a very important difference between the two. Failure to make the distinction disregards the fundamental dignity of the human being.

    What the Supreme Court has just done is something truly awful; they have based a judicial precedent upon a lie, and an irrational one at that. Their assertion that gay unions are equivalent to marriages is provably false, and not done to accommodate any particular religious practice or constitutional freedom, but rather, the anti-religious sentiment of secular progressives. If DOMA was passed "for no legitimate purpose" except commit "bare harm" to a class of people, one must wonder how Congress and the President expected to implement the thousands of federal laws respecting marriage if there was no official definition of marriage. One IRS auditor could regard your cohabiting girlfriend as a "common-law" marriage and require you to pay taxes on your combined income; a different one could reject your claim to marriage because you and your spouse were not married in a church.

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  160. I like it that way, who cares what you think. by Anonymous Coward · · Score: 0

    THE SUPREME COURT HAS GONE ROGUE!!!! Which group of SEXUAL PERVERTS will get Special Rights next?
    Some Queers are now advocating that CHILD MOLESTERS should be allowed to Live in your HOUSE WITH THEIR VICTIM BECAUSE THEY LOVE YOUR CHILD MORE THAN YOU DO. I CALL THAT THE NATURAL PROGRESSION OF EVIL!!!
    If people for whatever reason start supporting EVIL IT NEVER GETS BETTER, IT ONLY GETS WORSE, JUST MORE AND MORE AND SICKER EVIL. THAT'S AMERICA IN 2013.