Iowa court decision may affect 2012 GOP primary


Politico says, 'Hee-Haw!'

According to the Votemaster, the recent decision by the Iowa Supreme Court striking down a state law which defines marriage as the legal union between one man and one woman, “immensely complicates” the 2012 race for the GOP…

For social conservatives like Gov. Sarah Palin (R-AK) and former Arkansas governor Mike Huckabee (R) it is a twofer: they can campaign for the Iowa caucuses by railing against (1) gay marriage and (2) activist judges. Iowa’s Republicans are deeply conservative and by moving the hot-button social issues to the front burner, Palin and Huckabee benefit from this. Mitt Romney is currently against gay marriage, but Iowa Republicans can never be sure what position he will take a week later in New Hampshire.

If Palin and Huckabee finish first and second in Iowa, in whichever order, whoever finishes fourth will have a hard time recovering in New Hampshire. If the #3 finisher is a relative moderate, such as Romney or Gov. John Huntsman (R-UT), he could still have a good shot at winning the New Hampshire primary. While winning Iowa is no guarantee of getting the nomination (just ask Mike Huckabee), it certainly is a good start. As a consequence, the likelihood of the Republicans nominating a highly conservative, deeply religious candidate has been greatly increased by the Iowa court decision.

While it’s still a bit early to be counting votes (straw or otherwise) in Iowa, the action by that state’s Supremes should indeed make the race more interesting. Look for Mitt Romney to be talking up his opposition to gay marriage in the coming months.

Update: Politico shows it’s ass (the long-eared variety) on the subject. Hee-Haw!

- JP

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166 Comments Leave a comment

"complicates"? Simplifies is a better word.

Old_Crow Saturday, April 4th at 10:00AM EDT (link)

A bright line for voters. And an easy way to throw the weak, squishy Republicans to the side before the damage the party any more.

“Enlightened statesmen will not always be at the helm.” — James Madison
“So this is how liberty dies.. with thunderous applause” — Star Wars III

 

The premise of the article

SteveLA Saturday, April 4th at 10:21AM EDT (link)

Josh,

Do you disagree with the premise of the Votemaster article?

The ruling on gay marriage in Iowa is almost the same sort of thing that happened out here in CA, but even more so. CA is not that socially conservative especially when compared to Iowa, but Judaical overreach does tend to get even us moderates a bit annoyed.

Supreme Court Judges, not sure if they are elected or not in Iowa, overrode the cultural point of view of conservative Iowans and “found” a right to gay marriage. In CA, we the people using our powers of the ballot box and the constitutional amendment process said not so fast when our Kings in Black robes overturned Prop 22. The passage of Prop 8 was nothing less than a correction of the mistake of our Kings in Black robes on this matter. Maybe someday in the future the voters of CA will be asked what they think about gay marriage, but it won’t be Kings in Black Robes deciding the matter.

If the issue of gay marriage in Iowa is cast as a social issue and not a judicial overreach one, then R candidates running on the social issues aspects of this ruling will most likely appeal to the social conservatives irate over this ruling. As the Huckster proved in Iowa, a strong appeal to social conservatives can win a state primary that is caucus based because motivated voters participate in the caucus system and those Iowans enraged over this issue will turn out in droves to support the candidate echoing their outrage.

I’m all in favor of direct Democracy in the form of votes by the electorate deciding these issues, not Kings in Black Robes or by elected Political Princes.

______________________________________

Competency over ideological purity

Agreed, I do not see how this makes life hard for the GOP

char Saturday, April 4th at 11:49AM EDT (link)

As steve pointed out, here in CA we passed a ban on gay marriage, the supreme court overturned it, and then we passes prop 8 a constitutional amendment that banned gay marriage. Judicial overreach didn’t go well over here in liberal CA, I doubt that it will go well in the midwest.

If anything this complicates the democrats as they would have to say if they supported or opposed the Iowa supreme court. Of course it won’t be as if Obama is going to be contested in his re-election bid.

Translation

SteveLA Saturday, April 4th at 12:03PM EDT (link)

The Liberal hidden code is that if a Hard Line Social Conservative secures an overwhelming victory in Iowa caucuses on the wings of a social conservative revolt over the gay marriage issue it’s a good thing for the liberal cause.

2012 is a very long time away, and the question of who is the front runner for the R nomination is way too unsettled to get that excited by the question, but Liberals do like to try to stir the pot at every turn.

In my view, whoever wins the R nomination for 2012 will have to present a comprehensive conservative approach to government backed by a platform of concrete ideas in my view, and I don’t know who that is right now.

As Admiral Akbar said “It’s a trap”.

______________________________________

Competency over ideological purity

 
 
 

Why is Iowa Still First?

LAWizard Saturday, April 4th at 10:50AM EDT (link)

I thought over the past 30 years they’ve proven themselves to have rather poor judgement. They’re very socially conservative but that’s it. This is why we have nonsense like ethanol subsidies, because the voters in Iowa demand it. Time to change the primary system.

 

I don't disagree with the premise of the article.

Josh Painter Saturday, April 4th at 10:53AM EDT (link)

And, btw, Iowa Supremes are both appointed and elected. Nominees are selected by nominating commissions. to name three nominees to submit to the Governor, who makes the appointment from the list. Then, the voters get into the act one year after appointment and again at the end of the judicial term , as the justices have to stand for retention to office in the general election. Iowa’s voters cast their ballots on whether or not a judge is retained.

- JP

“An armed society is a polite society” - Robert A. Heinlein, “Beyond This Horizon” (1942)

Throw the bums out?

Kyle-MI Saturday, April 4th at 8:01PM EDT (link)

When is the end of the judicial term? When is the retention election? There should be a concerted effort to defeat all seven justices. That would send a message, and perhaps a better message than any state constitutional amendment. This should not be just about gay marriage. As in CA this is about activist judges legislating from the bench and perverting a state constitution to make the words mean what they want instead of their original intent. That is something that should unite social conservatives and libertarians.

 
 

Interesting

dld1717 Saturday, April 4th at 11:30AM EDT (link)

I think the 2010 elections in Iowa are now going to get interesting. How do Iowa Dem politicians side up on this issue?

 

radical anti-government individual with comments and a question

warweaver Saturday, April 4th at 11:40AM EDT (link)

I used to oppose gay marriage because I believe that the Federal government should not interfere with state decisions where no clear authorization appears in our Federal Constitution.

However, I came to oppose restrictions on gay marriage because of what I consider THE bedrock conservative principle: that government at any level should only interfere with the peoples’ freedoms to conduct themselves as they wish where there is a strong reason for doing so.

Basically, I oppose government power unless I can conceive of a good reason for granting government power in resolving the policy question at issue.

In the case of gay marriage, I simply cannot articulate a good reason for governmental restrictions.

Please note that I do not SUPPORT gay marriage, I simply oppose granting government the power to restrict it. Homosexuality disgusts me personally, however, simply because conduct disgusts me is not a sufficient basis for restricting said conduct.

So this is an open question to all on this board: please articulate short, sharp policy reasons that support the granting to governments the power to interfere with the freedom of individuals to agree to the terms of a marriage contract.

Please keep in mind that whatever policy reasons you present must be understood as a general granting of legislative power and must withstand scrutiny in the context of all other contracts - if you fail to consider the general legislative power to individuals in other contractual contexts I will present those considerations in reply posts.

The purpose of the question is not to antagonize - as a hard core member of the political wing that opposes government power in every context (except national defense), I’m legitimately curious why members of the conservative movement would support granting government the power to interfere in what is essentially a contractual relationship.

Thanks in advance.

Ok, what if

char Saturday, April 4th at 11:56AM EDT (link)

The people pass a bill stating that Gays cannot be married but can still have the benefits of being married, and say that 60% of the voters approved the bill.

And then your state court overturns that bill because it is unequal, voiding the democratic voice of the people.

What is more important in our society? What five judges think or what the democratic majority thinks? Gay marriage has become the poster child for judicial overreach.

 

I reject your premise, warweaver

pilgrim Saturday, April 4th at 12:09PM EDT (link)

you wrote

please articulate short, sharp policy reasons that support the granting to governments the power to interfere with the freedom of individuals to agree to the terms of a marriage contract.

An Individual is not being interfered with. What is at play here are people who want to be recognized not as an individual but as a class or a group. An individual who does not want the government to leave him alone, but instead invites the government into his bedroom to recognize and approve of him for being part of a class or group.
There are many smart lawyers that can get an individual a contractual relationship to fit every need they have except for that one need of recognition and approval as a member of a class or group.

It is a great advantage to a president, and a major source of safety to the country, for him to know that he is not a great man.Calvin Coolidge

you have misunderstood the premise

warweaver Saturday, April 4th at 12:59PM EDT (link)

First, I agree that gays want the status of other protected classes. That isn’t the issue before you. But if it makes you feel better, permit me to state that I would support repealing the 14th Amendment altogether, although I support the equal protection concept in state constitutions.

Second, you have not identified my premise, which I never bothered stating because on this board I thought that it was self-evident. But for the purposes of this discussion I will present it.

The premise: any power granted to government is a power removed from the people.

The conclusion: government power should be opposed at every step.

Second premise: unreasonable exercises of government power are unnecessary interference on the freedom of people.

The second conclusion: to guard against unreasonable exercises of government power, people should force government to articulate sound policy reasons before they permit government to exercise power.

In this context, apart from the fact that I am personally disgusted by the sexual preferences of the group in question, I cant think of a good reason that would lead me to support granting the government the power to restrict them from entering marriage contracts with one another.

Thus the question remains: what reasons can you give that would lead an anti-government conservative to conclude that government should be empowered to restrict people from agreeing to enter into the marriage contract with one another?

If our culture was what it was 50 years ago, then

janis Saturday, April 4th at 1:21PM EDT (link)

gov. could keep their fat noses out of our personal business. Unfortunately, people now will do the most unholy and disgusting things, such as having sex with animals, living or dead, wanting to have sex with their own children or somebody else’s, etc.

While it’s unfortunate, gov. has largely taken the place of what churches used to do, namely hold certain standards of what people should and shouldn’t do. Since so many don’t bother to believe in God or the devil, the threat of damnation everlasting doesn’t hold much sway. However, going to jail and/or paying large fines still has an impact. Sad, so very sad, but true.

Janis, are you equating homosexuality to

modgopgal Sunday, April 5th at 1:49AM EDT (link)

beastiality, necrophilia, and pedophilia? You wrote, “Unfortunately, people now will do the most unholy and disgusting things, such as having sex with animals, living or dead, wanting to have sex with their own children or somebody else’s, etc.”

While I think a debate about gay marriage is healthy, I think your statement that implies homosexuality is equivalent to necrophilia and other sexual disorders diminishes that debate. Homosexuality is certainly not equivalent to the other activities you mention. I would hope society has moved beyond thinking homosexuals are mentally ill, social deviants who don’t deserve equal protection under the law.

 
 

Flaws in warweaver premises: you said

Mike gamecock DeVine Saturday, April 4th at 1:43PM EDT (link)

1) The premise: any power granted to government is a power removed from the people.

The conclusion: government power should be opposed at every step.

THAT IS QUITE RIDICULOUS. “ANY POWER”?

2) Second premise: unreasonable exercises of government power are unnecessary interference on the freedom of people.

No need to reach a conclusion, sicne your premise is self confirming. It alld epends on what is “unreasonable.’

Given 5000 years of evidence, it is reasonable for We the People to restrict marriage to one man and one woman.

The burden of proof to change this definition is on you.

Have at it once we fix the economy and achieve world peace! Pressing matter that concern all orientations just now.

Now, go tend your looms!

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

mike

warweaver Saturday, April 4th at 2:15PM EDT (link)

Curse of the Chicken, Mike?

There is nothing ridiculous about opposing government power in whatever form. I dont trust government and want its powers restricted by a short leash.

My second premise depends on one’s definition of reasonable, so it cannot be self-confirming where disagree on what reasonable is.

Here, I believe we disagree, the issue is where we disagree and then why. Your statements make it impossible to identify where and how our understandings conflict because you provided conclusions without a premise much less furnished the reasoning that leads to your conclusions.

Case in point, you advanced that it is a “reasonable” conclusion for “the people” to desire to restrict marriage to a man and a woman. The conclusion appears to be based on the following:

5000 years of evidence.

“5000 years of evidence” merely indicates some context for the factors you use for deriving your conclusion that the restricting marriage to a man and a woman is reasonable. But you fail to state what that evidence is much less what you think it says.

I presume that you refer to 5000 years of evidence where the understood definition of marriage was a union between a man and a woman.

Are you attempting to argue that Judeo Christian tradition, which is the tradition that most dominantly informs the contours of our current society, historically defined marriage as one man and one woman? Even if I concede the conclusion, I could only do so if you specify a much tighter time frame (Solomon, circa 1000 BC, had many wives, thus, something less than 3000 years at most applies here) and concede that other hugely influential societies, (including the Greeks, Romans and barbarian tribes) defined marriage very differently than your pedestrian “one man one woman”.

I’m interested in your thinking, but please give me some idea what, specifically, you refer to when you cite 5000 years of evidence as support for your conclusion.

Thanks.

thanks for the admission: now its "restricted by a short leash" and, not, as you originally belched

Mike gamecock DeVine Saturday, April 4th at 2:55PM EDT (link)

opposed in whatever form

Civilization was born when one woman restricted access to het nether regions to one man and the one man stayed around to help raise the child.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

 
 
 
 
 
 

WW, Should government restrict polygamy?

Josh Painter Saturday, April 4th at 12:06PM EDT (link)

If it should, how is this any different from restricting gay marriage?

- JP

“An armed society is a polite society” - Robert A. Heinlein, “Beyond This Horizon” (1942)

good question

warweaver Saturday, April 4th at 1:16PM EDT (link)

I want to preface my response by stating that I am a traditional guy. I accept that marriage has been an institution which has advanced the stability and prosperity of Western civilization. I believe that the State has a legitimate interest in encouraging the one man one woman traditional arrangement.

Polygamy is not something I would ever do, and I would lose respect for any man or woman who entered into such an arrangement because I subscribe to the view that the marriage contract is a contract unlike any other.

Marriage, in contractual terms is, essentially, an agreement “to be bound”. Such an agreement implies exclusivity. In the context of polygamy, however, provided the exclusivity term were removed as an implied obligation of the arrangement in multi-party marriage settings, I am forced to regard such contracts as perfectly valid.

I cannot articulate a sound policy reason that would lead me to conclude that government should interfere with the arrangements in question. I’m curious if you can articulate one.

No problem with content, it's appropriating the title that's the problem

civil_truth Saturday, April 4th at 1:41PM EDT (link)

Crudely put, “call it anything you like, just don’t call it marriage”.

The various contract matters - visitation, inheritance - I see no reason for the state to interfere with the private choices. Health care benefits - that starts to get into government mandates on a private business, which is overstepping. But most of these matters have strong public support and are really not an issue. And if the societal consensus is to provide benefits to gay couples, so be it.

Thus the real issue is this: if virtually all the tangible benefits conferred by the state on marriage are available via civil unions or specific laws, why the push for gay marriage - when what this really amounts to is appropriating the title without tangible benefit.

My answer is that it’s really a push for an intangible benefit - of coercing approval of gay relationships by publically imposing equivalence between same-sex and opposite-sex marriages. That is, to change the language so as to change public thinking and overturn thousands of years of human behavior in the process - and to ultimately proscribe those who believe in the specialness (or sacredness) of one man-one women sexual unions.

strong points

warweaver Saturday, April 4th at 2:29PM EDT (link)

I agree with you. The gay community wants validation. But they will never get it from me and many others because homosexuality disgusts most of us.

Besides, what you describe, is not the political issue at hand: whether there are strong policy reasons for permitting the state to restrict the right of individuals to enter the marriage contract.

You are describing a social issue, and insofar as I am interest in discussing the concept as the intersection of social and legal validation I’ll just state that I do not believe that government has the power to render or coerce approval where our natural inclination is to be repelled.

The political question remains: What policy reasons can you advance that led you to support the granting to government the power to restrict the right of people to enter the marriage contract?

It's attaching the word "marriage" to the contract that's the problem

civil_truth Saturday, April 4th at 3:37PM EDT (link)

Marriage traditionally represented a contract between two families (and/or clans) involving a man and a female. The two families/clans protected the status of the married couple and their children - relationally as well as commercially. There was also an exclusionary element - in particular, children born to women not fathered by her husband were denied substantial protections and inheritance rights that the “legitimate” children were afforded.

More germanely, the families/clan also restricted the rights of their family members in terms of whom they could or could not marry - a guy and a gal couldn’t just go off and get hitched but needed approval of the respective families/clans. Men and women who had sexual intercourse outside of the approved structure ran grave risks of injury, death, exile if they were unsuccessful in getting familial acquiescence after the fact. We see echoes in the honor killings that get reported in tribal societies today. Divorce was also strictly regulated too.

Moving to a nation-state governmental structure moved the marriage arbitreur to the state, who for various reasons (particularly inheritance and property rights and care and provision of the children issued from the sexual relations) preserved the structure of marriage. And until very recently, no one ever tried to redefine marriage as other than between male and female. Divorce was also strictly regulated too.

Same-sex marriage represents a radical shift, but it also parallels a progressive shift (or recognition of shift) in marriage away from the families/clans and towards the two individuals as the sole decision-makers in establishing a marriage - as government has become multiple orders of magnitude removed from family and clan. Technology has shifted the parenting parameters. And traditional restrictions on divorce have loosened too.

As a result, the basic structure and process of marriage has become largely unmoored from family/clan in the modern nation state, which to finally answer your question, raises serious questions as to the degree to which society should regulate marriage. In particular, in terms of the contractual elements, it does appear that the sexes of the two parties are becoming less relevant in today’s societal structure, which weakens the case against forbidding same-sex couples from entering into the same contractual agreements as are now available to opposite couples.

* * * * * * * * * * * * *

That was a long aside, but the purpose was to argue for some government agency in formalizing a structure for committed intimate relationships.

But as far as the word “marriage” - here I would allude to trademark, copyright, and similar laws regarding products and argue that five millennia-plus or usage provides a trade name protection for marriage. People can manufacture their own product to compete with existing brands, but they cannot just appropriate a brand name for their use and take this uniqueness away from existing producers. This loss of brand name damages existing producers and consumers.

Hence my acquiescence to same-sex contract structures, which can be manufactured to be generically equivalent to marriage is the demand is there, just so long as a different product name is used.

understood

warweaver Saturday, April 4th at 4:03PM EDT (link)

But you’ve not articulate a rationale for applying commercial protections to a social institution. There are no property rights to protect, there is merely a contractual arrangement and an associated bundle of governmental incentives.

The fact that permitting gay marriage will finally uncouple the terms of the contract from the underlying purpose of establishing a safe harbor for the activities, including the offspring, that result from the terms of the agreement is merely semantic, for the very reasons you discuss at length: that the institution has slowly but surely evolved from a contract unlike any other into one that is in most respects indistinguishable from a garden variety Partnership Agreement.

The fact that the departure is in some respects radical should is not, in my estimation, a sufficient reason to override the instinct to prevent government from assuming the power to interfere in secular contracts, regardless of whether the marriage contract, as commonly understood, was founded upon and strengthened by the Christian doctrine.

The fact is, for better or worse, the marriage contract is purely secular, therefore, status of parties seeking to enter into it are irrelevant to the question of whether one can articulate a rationale for opposing specific parties from agreeing to enter it.

Briefly, there are sufficient property attachments to marriage

civil_truth Saturday, April 4th at 4:17PM EDT (link)

In other words, marriage is a substantial entity with intrinsic value to those who are under it by virtue of the protections and privileges. The limitation to opposite sex couples is of long-standing history. Benefits are tangible and intangible, as previously noted.

Thus the holders have a case from preventing dilution of their assets (and confusion in name) by being forced to subsume same-sex couples under the same product name (i.e. marriage).

Same sex-couples can enjoy the same basket, they just have to call it something different.

I’ll be away for several hours now, so don’t expect a prompt response.

I specifically disagreed with the idea that commercial protections

warweaver Saturday, April 4th at 9:04PM EDT (link)

such as copyright or patent rights have an application to the institution of marriage. You repeat your previous contention that they do by substituting “intrinsic value” for commercial value. Using that rationale if I total my vehicle and file a claim with an insurance company I would be able to argue that my 2004 Honda Accord is worth half a million dollars based on whatever intrinsic valuation see fit to claim. Well, that argument loses in court and gets me laughed out of the room in civil society.

I do not agree that marriage as an institution has any intrinsic value beyond those incentives furnished by government. If marriage as a historical practice means more to you than that it is only because you, personally, regard its value as greater than that which is demonstrable through anything quantifiable.

If marriage as an institution had intrinsic value beyond those readily identifiable, then a divorce in our society would be regarded as a personal failing or a black mark on a person’s standing in our society. You would have a very difficult time making that case in 2009.

Further, if you dont object to gays enjoying the same basket of benefits we agree exist, Should the government create parallel regulatory systems so that certain individuals, those not wishing to be associated with or perceived as having validated gays, can preserve a policy that reflects their own preferences? If we began drawing lines and creating parallel systems of laws on that basis, I’d say that the law in question represents the tyranny of the majority. Something the Constitution is specifically set up to prevent.

So by your logic, all of us under age 65 can demand equal treatment with seniors

civil_truth Saturday, April 4th at 9:19PM EDT (link)

The government has all sorts of benefits reserved for people over age 65, whom they identify as seniors. Folowing your reasoning, there’s no commercial protection to the institution of seniorhood and no benefit to being a senior beyond the incentives provided by government; therefore why should the government interfere with people wanting to have the freedom to call themselves seniors and deny them the benefits that they provide to seniors.

Next in line, poverty.

Not at all . . .

warweaver Saturday, April 4th at 10:10PM EDT (link)

because you and I can both articulate the reasons senior citizens, as a class on a relative basis, warrant special governmental protections that other adults, as a class, do not warrant.

First: as a class, seniors are physically weaker than other adults.
Second: as a class, seniors require more medical attention than other adults.
Third: as a class, seniors have a smaller capacity for earned income than other adults.
Fourth: as a class, seniors have less mental acuity than other adults.

Surely you can see the societal risks of stripping protections for senior citizens who would otherwise be forced to fend for themselves.

What are the societal risks of not passing laws forbidding homos from marrying other homos? That more people will end up thinking homos are groovy? I think not, brother. To the vast majority of us, homos are grotesque abominations to the natural order of things. But I dont see any risk associated with letting them enter into marriage contracts with one another.

See my reply down at the bottom, warweaver

Hooah_Mac Saturday, April 4th at 10:13PM EDT (link)

And unless you can answer that question or even acknowledge the problems with your whole line of reasoning I think the Hinz rule is way past appropriate here.

“You can call yourself a Republican, but if you’ve lost the support of Fred Thompson, you are an unholy thing that will be destroyed by a rain of fire.” -IMAO

 
 
 
 
 
 

The Opportunity of the "Gay Marriage" debate

tedpomeroy Saturday, April 4th at 5:00PM EDT (link)

Let us face it. What the Gay movement wants is validation. They also want the marital tax benefits that are built into the tax code.

Now here in NJ our marital courts dockets are packed and I suspect other states have the same problem.

So I propose we take the debate in a different direction. Let us move towards removing the traditional aspects of marriage contract which mainly protected the female spouse. Move the law towards protecting children and those couples who procreate and make the tax benefits of procreation a lifetime benefit.

Should Gay partners have a written contract they are free to make one and the courts should enforce it. But all the automatics of “marriage” employee benefits, marital deduction for estates etc. should go away.

We spend alot of our resources with lawyers getting fat in divorce courts, litigating estates etc.

We should pare it all down to one priority, how are the children going to be doing?

now ted....

warweaver Saturday, April 4th at 10:22PM EDT (link)

I would go for that because there is an obvious reason that any fool can refer to for implementing that particular policy . . . the society’s interest in incentivizing those who contract exchange promises to stay together and to have children.

The lynch pin, obviously, are the children.

Why should a man and woman who are married in a secular ceremony, just because they exchanged promises that can be broken at any time, get the benefits currently conferred by marriage? This man and woman can be drug dealing, murdering, thieving, lying cheating scum bags, but NO ONE objects to those two people using marriage statutes.

But when two gay chicks want to use the statute, all of a suddent people have a big problem with it.

The reason is obvious: homosexuality grosses most people out. And there is nothing wrong or bigotted about being grossed out by gay people. It is gross. The question is why wont people just admit to themselves and to others that gay people gross them out and that they dont want gays to use marriage statutes because they find gays grotesque abominations?

Why all this crap about the historical meaning of the term “marriage” if you are willing to look the other way when a drug dealing necrophiliac marries someone of the opposite sex? It’s an emotional reaction, nothing more, which is why no one here has yet stated a short, sharp REASON why they want to prevent gays from marrying one another.

What do people care if gays get married? It has no effect on you and does nothing to diminish your “marriage” or the marriage of the drug dealing necrophiliac.

We can admit its gross, concede that there is no reason to ban it just because of that, and start solving far more important issues without being diminished or threatened by any results.

The world isn’t going to have more gays that disgust us just because we dont object, LEGALLY, to gays using marriage statutes.

 
 
 
 
 

implied exclusivity it is now? ok. How about brother and sister? - nt

Mike gamecock DeVine Saturday, April 4th at 1:45PM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

I'm no expert but

warweaver Saturday, April 4th at 2:33PM EDT (link)

my understanding is that inbreeding leads to substantially increased risks of various debilitating genetic mutations. Surely the whole society is interested in preventing mutant children. Wouldn’t you agree?

It also benefits society

David123 Saturday, April 4th at 2:41PM EDT (link)

if children are raised by their parents, united in marriage. A secular definition of marriage is a lifelong union of a breeding pair of humans.

David123

I agree

warweaver Saturday, April 4th at 3:14PM EDT (link)

However, that isn’t a reason to restrict gay marriage because gays cant have children that are the product of the marriage.

 
 

homosexual sex leads to AIDS and other physical and social pathologies deemed unreasonable for 5000 years - nt

Mike gamecock DeVine Saturday, April 4th at 2:56PM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

fine

warweaver Saturday, April 4th at 3:19PM EDT (link)

But if you do that then the government should also forbid idiots from marrying and having children because their idiot spawn is likely to go around pestering others with their ignorant historical viewpoints, among other things.

So, ummm, are YOU married? n/t

janis Saturday, April 4th at 3:22PM EDT (link)

divorced

warweaver Saturday, April 4th at 9:10PM EDT (link)

I married a woman who cheated on me and then divorced me, even though I wanted and attempted to reconcile.

I have great respect for the institution of marriage. But that doesn’t mean I can think of a good reason why I want the state to have the power to interfere in marriage contracts, which is why I do not support laws preventing gay marriage.

Note: I distinguish between those who “support” gay marriage and my position, which is that I oppose governments that exercise power to forbid them. I do so out of principle, not because I approve of gays.

 
 

many states do prohibit same - next question - nt

Mike gamecock DeVine Saturday, April 4th at 11:54PM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

 
 
 

what about barren sisters and brother making out at Thanksgiving dinner? no chance of mutants there - nt

Mike gamecock DeVine Saturday, April 4th at 2:57PM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

GC thanks for the visual nt

AKSteveB Saturday, April 4th at 3:23PM EDT (link)

Hell is other people - Sartre

Yeah, AKSteveB, that one was shudder-inducing.

janis Saturday, April 4th at 3:40PM EDT (link)

Also made me think of my dad’s reaction in that scenario. That level of outrage could probably produce mutants all on its own.

and we notice the lack of a reply from the advocate don't we? everytime this argument shuts them up - nt

Mike gamecock DeVine Saturday, April 4th at 11:32PM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

dude

warweaver Sunday, April 5th at 1:43AM EDT (link)

Your “argument” has nothing to do with the institution of marriage. It wasn’t worth responding to because it’s irrelevant to the subject matter of the discussion - which, if you will recall, is providing rationales that support bans on gay marriage.

like I said, it shuts them up - nt

Mike gamecock DeVine Sunday, April 5th at 9:24AM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

 
 
 

some non-mutant creating behavior can be repulsive - nt

Mike gamecock DeVine Sunday, April 5th at 9:27AM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

 
 
 
 
 
 
 
 

The author of the vote master piece needs

Illinicon Saturday, April 4th at 12:11PM EDT (link)

to do their homework. In 08, McCain finished fourth in Iowa and still won the nomination. I dont know how much this helps Huck, Mitt and Palin because if all 3 are in the race, I dont know if any of the other contenders spend any serious resources in IA anyway given that Huck and Mitt already have solid Iowa organizations in tact and Palin will have the advantage of being the front runner. If you want to an underdog insurgency campaign to win the GOP nomination history shows you do it in NH not IA.

Jindal/Thompson ‘12

Bringing clear Conservative change to America.

 

my response is this . . .

warweaver Saturday, April 4th at 12:31PM EDT (link)

There is a perception that courts pass laws by overruling statutes. But in fact, courts simply forbid governments from exercising powers that restrict the freedom to enter into contracts. Thus, the courts in these cases do not assume power for themselves, they simply deny power to legislatures.

The question is only one of judicial overreach if you regard a restriction of government power a bad thing. Surely we can agree that restricting government power is desirable, and if so, we should proceed to analyze the issue from that premise.

In my view, legislatures only have power where it can articulate a good reason to exercise it. In this case then, the question remains: what policy reasons are there that support the granting to legislatures power to restrict the freedom to contract?

Marriage is purely and simply governmental recognition and implicit approval of a relationship

tcgeol Saturday, April 4th at 1:04PM EDT (link)

It relies solely on government power. Therefore, allowing homosexual marriage in no way restricts government, but actually enhancing its power, by making itself the sole authority over social mores even when the will of the people has been expressed in opposition.

Just your typical bitter gun- and God-clinger

Not quite, tcgeol

randy streu Saturday, April 4th at 1:07PM EDT (link)

Marriage has always been the provenance of the church (or whatever dominant religion). It was coopted by government for certain benefits and clerical issues.

Agreed, but I am speaking of its modern legal form

tcgeol Saturday, April 4th at 1:13PM EDT (link)

I doubt that most of those supporting homosexual marriage on here are too worried about the approval of God for their relationship. They can have a wedding in any church that will marry them if that is their goal. No problems there.

Just your typical bitter gun- and God-clinger

Agreed. I mention it only because of my basic belief that the government should be out of the marriage game entirely.

randy streu Saturday, April 4th at 1:17PM EDT (link)

I don’t think we should be required to have a “marriage license,” or even that the state should have any say whatsoever about the subject (excepting, of course, what would be covered under child abuse laws and animal cruelty).

But that’s another thread.

agree in theory . . . but

warweaver Saturday, April 4th at 1:42PM EDT (link)

The government has an interest in marriage because it can be demonstrated that married persons provide stability to society and that married persons are the most desirable setting for the raising of children.

The government therefore, confers benefits on married persons in order to encourage the people to enter such arrangements. In order to preserve the incentives, the government must regulate marriage to prevent unmarried persons from collecting the incentives without returning the reciprocal advantages that marriage provides to the society.

The result is marriage licenses.

 
 

I dont support gay marriage

warweaver Saturday, April 4th at 1:50PM EDT (link)

I simply oppose giving government the power to restrict gays from entering the marriage contract because I cant think of a good reason to do so.

The above statement assumes that you dont consider the fact that I am personally grossed out by gays to be a good reason to prevent gays from entering marriage contracts.

Additionally, people can get married in all sorts of contexts that are entirely free of religious elements.

 
 

great points

warweaver Saturday, April 4th at 1:47PM EDT (link)

Randy: good points there.

On the other hand, times have changed. For example, in many states a Notary Public can legally preside over a marriage.

Would you agree then that marriages are now a legally secular arrangement and that any religious component is one voluntarily layered into the contract on the basis of individual choice?

Culturally yes, but in fact and truth, no.

randy streu Saturday, April 4th at 2:03PM EDT (link)

It is within the lemmings’ culture to run from danger — even if they run off a cliff. It is the way it is. It’s also still stupid.

explain

warweaver Saturday, April 4th at 2:53PM EDT (link)

because the inference I draw from this discussion is that you aren’t really interested in marriages that aren’t an essentially religious practice.

If that is the case, why would you care what terms government sees fit to apply in marriage contracts, which the government explicitly regards as secular agreements?

My point is that I, personally, am all for civil unions.

randy streu Saturday, April 4th at 2:57PM EDT (link)

but that the state should have nothing to do with marriage.

It’s about definitions, more than anything.

is there

warweaver Saturday, April 4th at 3:12PM EDT (link)

a distinction then between marriage and civil unions?

Why would you want the government to create a bunch of new laws if there is no difference between the two practices other than what they are called?

 
 
 
 
 
 

I disagree

warweaver Saturday, April 4th at 1:32PM EDT (link)

The marriage contract has become, because of the First Amendment’s anti-establishment clause, essentially secular. Whether that state of affairs is a positive development is immaterial to this discussion. The fact remains that marriage is now more or less regarded as a contract between individuals.

From this setting we must apply Constitutional principles:

“No State shall . . . pass . . . any Law impairing the Obligation of Contract” Article I, Section 10, paragraph 1: US Constitution.

Thus, the freedom to enter the contract is vested in individuals, not government. Any grant to government of the power to interfere comes from the people, not the Constitution, and although the people may empower government to restrict the right to contract, dont you agree that we, the people, must advance compelling reasons for empowering it to do so?

I disagree with your whole premise

tcgeol Saturday, April 4th at 1:41PM EDT (link)

One of the two primary reasons for the push for homosexual marriage is purely related to the government - tax benefits, health care, issues relating to children, and similar. None of these have anything to do with a contract between two people, but are desired governmental prizes.

The other main reason is to force societal acceptance of homosexuality.

Homosexuals are free to enter into any contract they would like. That doesn’t make it marriage and doesn’t mean that it should be recognized as such.

Just your typical bitter gun- and God-clinger

with respect

warweaver Saturday, April 4th at 2:58PM EDT (link)

Just state the reason you think government should restrict marriage to one man and one woman.

Is it because you regard marriage as a religious institution and that the religion that sanctions it forbids homosexuality?

Lets stick with the question at hand for a moment

tcgeol Sunday, April 5th at 12:07AM EDT (link)

You go back and forth with two separate concepts and always avoid answering one by bringing up the other when challenged. You said that such governmental benefits such as tax beneftis, health care, etc should be provided to homosexuals as part of a marriage relationship. Your exact quote above is “I do not agree that marriage as an institution has any intrinsic value beyond those incentives furnished by government.” When challenged on this, you claim that marriage is only a contract between two people and has nothing to do with the government. That doesn’t work - you can’t argue both ways.

Would you be content if homosexuals were granted “marriage” with the caveat that none of the above benefits would be granted? If marriage is only a personal contract, that should not be a problem.

Just your typical bitter gun- and God-clinger

I'm content one way or another

warweaver Sunday, April 5th at 5:33AM EDT (link)

whether gays can marry or not.

But I dont think that government should bestow benefits on one class of married persons while denying another class the same benefits.

I don’t believe there is anything about a promise to another person that can be breached at any time without consequences that are specifically applied to the party in breach.

The government does not have a role in marriage. It requires you to get a license but only does so in order to make sure that unmarried persons cannot claim the incentives built into the tax code and various other regulatory schemes designed to encourage the practice.

Do you really think that the marriage contract involves government? It is an agreement between consenting parties who exchange promises that are well known to everyone.

The government provides incentives, yes, but do I consider that marriage is some sort of tripartite agreement between government and a couple? Absolutely not.

If I am switching back and forth it is only because I’m having to deal with responses that are originating from 10 different viewpoints. Most of them are irrelevant to my initial post, but I dont like being rude. If someone cares enough to post a response directed toward me, I try to respond to the best of my ability.

You say I dont answer direct questions, well, you just responded to a direct question without even attempting to answer it.

My question had to do with the subject directly, yours did not

tcgeol Monday, April 6th at 1:55AM EDT (link)

In the interest of fairness, I’ll answer, though. On a personal level, my feelings are influenced by my opinion of the morality of homosexuality and I would prefer that the government not implicitly support it.

This is ridiculous. You are arguing like a liberal, by taking a word that has a set defintion and redefinging it to mean what you think it should mean in order to impose social change based only on a misunderstanding or incorrect definition of marriage. You said that the definition of marriage didn’t matter. Hogwash - words mean things. By taking the whole meaning of marriage over history and throwing it away for a desired social change, you have definitely shown that you aren’t a traditional conservative. As Kirk (and EPU) have pointed out, we respect tradition. We don’t follow it blindly, but we don’t throw it away needlessly, either.

Just your typical bitter gun- and God-clinger

 
 
 
 

It is not about government benefits

Kyle-MI Saturday, April 4th at 8:05PM EDT (link)

That is just as much an excuse as the whole homosexual marriage argument in the first place. This is about government mandated acceptance and it is only the first step in a process to criminalize opposition to homosexuals. It is part and parcel to the whole hate crimes legislation.

I oppose hate crime legislation

warweaver Saturday, April 4th at 9:13PM EDT (link)

Because there is no good reason to support them.

I’m not on the left side of any issue that I can think of except this one.

Well, there is healthcare which I have concluded should be socialized, but ONLY because we already have a half socialized system (medicare and medicaid) which makes the private system in the middle far more expensive than it otherwise would be.

 
 
 
 
 

No, courts do pass laws sometimes

Neil Stevens Saturday, April 4th at 9:14PM EDT (link)

Especially when they make up some concept of rights for couples.

Want to run for conservatives? Give.
There Is No Crisis

 
 

Definitely Bad For Democrats

DavidSage Saturday, April 4th at 12:41PM EDT (link)

However this shakes out for the Republican primary in 2012, it’s definitely bad for Democrats in the state of Iowa.

Even in the bluest of states it’s nearly impossible to cobble a majority of voters to support gay marriage. If you can’t get a majority to support gay marriage in California, how do you think you can find one in Iowa?

Democrats (including Obama) will have to make a stand on this issue, and will end up either alienating their base, or alienating the majority of voters.

Iowa has been drifting blue the last few elections. This issue could push a lot of Iowans back into the Republican camp, assuming the Republican makes a clear stand on the issue.

I’m convinced one of the primary reasons Bush won in 2004 was because of the gay marriage ruling in Massachusetts.

 

So I see it worked

Brad Smith Saturday, April 4th at 1:32PM EDT (link)

So if this is an effort to divide and distract the GOP from combatting the Obama agenda, it appears to have worked. See comments above.

Brad Smith
Professor of Law
Capital University Law School
Capital University website
Center for Competitive Politics website

Those in support

JoeG Saturday, April 4th at 2:57PM EDT (link)

are only a very small slice of the Republican party.

Don’t for a moment begin to think pro gay marriage represents any more than a very thin slice of the Republican electorate.

which is why

warweaver Saturday, April 4th at 3:03PM EDT (link)

Republicans got their clocks cleaned in the last two elections. The profess to oppose government yet they have no problem letting government interfere in marriage contracts.

When asked for a good reason the government should be empowered to do so, their arguments come down to the following:

1. they regard marriage as a religious institution and their religion forbids homosexuality.

2. they are personally grossed out by homosexuality.

All the other arguments, when probed, rely on the above two views which nobody on this board, or anywhere else, can be the basis for a policy which denies people the right to enter the marriage contract. When I realized that the only reason I cared AT ALL about gay marriage was because of item 2 above, I had to drop my opposition to gay marriage because my personal tastes are no basis for national policy.

Opinion is no basis for policy.

You think Republicans got beat in '06 and '08 because of gay marriage?

janis Saturday, April 4th at 3:08PM EDT (link)

Seriously? That’s so far off the mark ! We got beat because R’s didn’t behave like R’s. Big gov., big spending, etc. You’re not going to convince anyone here that 60% of the electorate out there believes in gay marriage.

My point stands

warweaver Saturday, April 4th at 3:38PM EDT (link)

Although I made it clumsily.

I am not a Republican anymore because Republicans aren’t conservative, as far as I can tell.

In my view, government should be limited at every turn because government is merely a necessary evil.

Republicans lost because they abandoned conservative principles, as you stated, but drew a line in the sand on social issues like gay marriage.

Let me state this: I oppose abortion because the government has an exceptionally strong interest in preventing …. well …. murder. The abortion debate centers on when does a human being become a human being. Since drawing a line between conception and birth is futile, I oppose any attempts to arbitrarily draw such a line and conclude that the only sensible line is the moment of conception.

But Republicans have also taken a strong stand on gay marriage. Those who oppose gay marriage do so for two reasons, as I stated:

1. They are grossed out by it.
2. They are religious and their religion specifically forbids homosexuality.

I dont think item 1 above is a sound basis for policy, since it is essentially based on personal preference.

I believe that item 2 above would be a constitutionally forbidden justification for laws forbidding homosexuality because of the establishment clause in the first amendment. I want to be very forthright that I believe we are a Christian nation and should remain so. The ethics and morals of Christianity are the best moral and ethical codes in existence. Its teachings are brilliant and Jesus was perfect. But the Constitution is clear that the state should not establish a religion and defining marriage on the basis of Judeo Christian ethics is a much too dangerous step toward establishment according to my understanding of the first amendment.

Therefore, I do not support granting government the power to restrict or define marriage.

I know most people oppose gay marriage, but that does not mean that the permitting the majority to decide the issue is in the best interests of the Republic. We are a Republic for a reason, because the Founders did not trust the will of the majority in many circumstances. One of them includes interference with the right of individuals to enter into contracts, which, given its legal nature, necessarily includes marriage contracts.

There's a third reason to oppose gay marriage, you know.

janis Saturday, April 4th at 4:16PM EDT (link)

Simple biology. If nature meant for two creatures of the same sex to be a pair, then they would have been given the ability to procreate together. They can’t and never have and that’s that.

of course

warweaver Saturday, April 4th at 9:17PM EDT (link)

which is probably why I find homosexuals to be hopelessly perverse. I would not choose to really associate with homosexuals because their practices, even if kept private, just basically gross me out.

But is that a good reason to formulate a policy? I dont think so. Just because we agree that it is disgusting and unnatural doesn’t mean that we should cheer a government that seeks to make it legally disgusting and unnatural because the fact is those perceptions are personal opinions, and as such, have no place being used as the foundation of a national policy.

 
 
 
 

your personal tastes are no basis for national policy

pilgrim Saturday, April 4th at 3:19PM EDT (link)

Good point. So why should any person’s taste be a basis for national policy? Just because a homosexual person is grossed out by heterosexuality is no reason for them to have any national policy either.

It is a great advantage to a president, and a major source of safety to the country, for him to know that he is not a great man.Calvin Coolidge

I couldn't agree more

warweaver Saturday, April 4th at 3:25PM EDT (link)

But you’re position assumes, incorrectly in my view, that in order for gays to get married that some sort of law must be passed in order for them to be able to do that, ie: that they must first obtain approval from government before getting married.

I believe that the correct view is that government does not have powers unless their Constitutions grant them that power. In theory, we could give government the power to forbid gays from marrying. All I am asking is why would we want to do that?

Apart from being disgusted by homosexuality, I cant think of a single reason why that should be done. Therefore, I oppose granting government that power, as I would oppose granting government any power unless I could think of a good reason to grant it.

So which is it?

Menlo Saturday, April 4th at 4:30PM EDT (link)

Is the standard a “good reason” or the Constitution? I’m assuming the former, because I’m not aware of a constitution that requires a “good reason;” but I am aware of constitutions that define marriage.

Regardless, NO ONE wants laws enacted without a “good reason.” Every law is passed for a “good reason.”

“Guess which party these big insurance companies favor? Big companies love big government.” -Ann Coulter

hmmm

warweaver Saturday, April 4th at 9:23PM EDT (link)

Well, the marriage contract falls, in my view, is within that category of agreements protected by the US Constitution in Article I section 10 which forbids the Feds from interfering in the Obligations of Contract.

Thus, because, contract is a fundamental right, any law must be justified by a “compelling state interest” in order to survive scrutiny.

Even if we assume that marriage is a special contract not within the purview of Article I protections, the government must still articulate a rational basis in order to justify the law.

I know gays get heightened protections, and I dont think that they should, but the fact remains, and this is why I have posted, that I cant even come up with a rational basis supporting the idea that government has an interest in preventing gays from entering marriage contracts.

Its gross to most people isn’t a rational basis.

Its forbidden by most major religions is not a permissible justification under Amendment I.

Its unnatural because animals dont hump animals of the same sex and therefore should be prohibited also isn’t a rational basis in my opinion, even though I agree that it makes the practice questionable in the extreme.

Ok here is where you are confused, warweaver

pilgrim Saturday, April 4th at 9:40PM EDT (link)

You are confusing a sexual act with a legally recognized pairing. The US government cannot and does not articulate a law prohibiting a sexual act. There are some local laws articulating said acts that have been getting removed from the books. There are no federal laws. So those acts can legally occur between individuals, and they will not and should not be considered the conjugal acts of a married couple.

It is a great advantage to a president, and a major source of safety to the country, for him to know that he is not a great man.Calvin Coolidge

concur in part, dissent in part

warweaver Saturday, April 4th at 10:55PM EDT (link)

The Feds have no Constitutional authorization that I can think of to regulate sex acts. States, on the other hand, utilize their “police power” to regulate sexual acts and have many statutes forbidding numerous sexual acts. Rape, incest, acts with minors, etc.

The laws that are being removed from the books are those laws attempting to distinguish between sexual acts regulated inside versus outside of a marriage contract. The reason is that marriage is essentially no different than random sex, except the parties engaging in it get a few incentives to stay contractually bound by various levels of government.

I really dont see your point here, or how what you are describing weakens my viewpoint on the matter. Please elaborate, you could be describing something over my head.

That's one of the most ludicrous statements I've read on RedState

civil_truth Saturday, April 4th at 11:05PM EDT (link)

and that’s saying a lot.

…marriage is essentially no different than random sex…

Care to take a mulligan? Or are you getting bored with being a homophobic moby?

you obviously missed the point of the comment

warweaver Sunday, April 5th at 1:50AM EDT (link)

which was to explain why, in the eyes of government, that the laws which regulate sexual acts in the marriage context differently than those taking place beyond the scope of marriage are no longer justified - because for all practical purposes, a sex act outside of marriage (a random sex act) is indistinguishable in its ramifications than one within it.

I hate to be crude, but the law doesn’t regard the act any differently if I engage in sex with your wife or with my own. The state has no interest in regulating that activity.

 

I re-read my post there

warweaver Sunday, April 5th at 5:37AM EDT (link)

and you are absolutely right. I got ahead of myself banging away on the keyboard. What I was trying to say was that in the eyes of the law there is no distinction between sexual acts that occur in the context of a marriage contract and sexual acts that occur outside of one.

So basically, what I meant was that the law doesn’t distinguish meaningfully between random sex acts and sex acts in a marriage.

 
 

And here we completely and utterly disagree

Kyle-MI Saturday, April 4th at 11:23PM EDT (link)

Marriage is more than a random sex act. If this is how you view marriage than I can see why you might see nothing wrong with government recognition of gay marriage.

Here are the facts: marriage has been defined as the union between a man and a woman for thousands of years, predating our country and our constitution. It has been defined thus in our country since its founding which includes the writing of the Constitution and Bill of Rights. Although it was not defined in these documents, the founders in no way intended their document to address this issue. (There were laws at the time criminalizing homosexual sex.) They had a nice easy solution for when these type of things (not specifically addressed in these documents) occur. You can either legislate on them or pass Constitutional amendments if they are particularly important. The founders would have strung up any judge with the audacity to reinterpret their words and legislate from the bench. The same can be said of the writers of the state constitution of Iowa.

It is very, very clear from the legal opinion of the Iowa Supreme Court, that they are modifying the meaning of the words in the Iowa constitution to cover this situation, and applying the state constitution in a way which it never was intended.

Despite the fact that you are blind (and probably somewhat willfully blind) to the consequences, what you are proposing is a major radical re-engineering of society in a way that the vast majority of U.S. citizens are opposed. What you are advocating is not the way of a Constitutional Democratic Republic.

It is not just that gay marriage is bad for our society and is opposed by a strong majority. The way it is being pushed on society is extremely dangerous for our system of government and the stability of our nation. If you can redefine words in the Constitution simply to advance your agenda through the courts, then you can redefine other words in the Constitution in a way to weaken the freedom they protect. We are already seeing this in the unraveling of the freedom of speech through campaign laws.

I apologize for the cut and paste treatment but . .

warweaver Sunday, April 5th at 2:04AM EDT (link)

“Marriage is more than a random sex act. If this is how you view marriage than I can see why you might see nothing wrong with government recognition of gay marriage.”

I dont regard it that way. I was trying to say that sex in marriage is treated no differently under the law as a random sex act. I left out a word. My bad.

“Here are the facts . . . The founders would have strung up any judge with the audacity to reinterpret their words. . . . the Iowa Supreme Court . . . [is] modifying the meaning of the words in the Iowa constitution”

The founders did nothing when the power of judicial review was established in Marbury v. Madison (US S. Ct., 1803): that court stated “It is emphatically the province and duty of the Judicial Department [the judicial branch] to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule.” James Madison was a party to the case, Thomas Jefferson was the President who’s refusal sparked the litigation.

“It is not just that gay marriage is bad for our society . . . .”

You never explained why gay marriage is bad for society, which was the purpose of my question in the first place: to articulate the reasons why gay marriage would work against the national interest.

“If you can redefine words in the Constitution simply to advance your agenda through the courts, then you can redefine other words in the Constitution in a way to weaken the freedom they protect.”

Again, that is the province of the courts as established by the Supreme Court in 1803 (see Marbury v. Madison). That is the system we live by and have lived by since pretty much the beginning. Dont you think it has served us fairly well?

 
 

Actually, random sex is usually a lot better.

Achance Saturday, April 4th at 11:31PM EDT (link)

So, if marriage is about sex, you’re better off keeping the sex random.

Marriage is about the fundamental unit of our society and the basis of all all of our property law, which law is really the basis of our Constitution. So, really, when we talk about marriage, we’re talking about a lot more than getting laid.

If all we were talking about was getting laid, I wouldn’t care what the homosexuals did or who, or even what, they did it with.

In Vino Veritas

Hmmm...

Jack_Savage Saturday, April 4th at 11:43PM EDT (link)

It could be argued that married couple’s sex, particularly those who have been married quite a while, is indeed random….

Sometimes you crack me up, man. Must be those biscuits they only sell in Alaska.

Sailor Boy Pilot Biscuits

Achance Sunday, April 5th at 12:11AM EDT (link)

They’re actually made in Virginia but 90%+ of their sales are in Alaska and Hawaii. They’re the surviving vestige of the “hardtack” that the Army and Navy used to issue. They pack well, are pretty much as tasty stale or fresh - which isn’t very tasty, and, like the line from one of the Crocodile Dundee movies, fall into the “tastes like s#$t but you can live on it” category. You can’t really appreciate Pilot Biscuits until you’ve had them when you’re out on the Bering Sea ice and they’re slathered with last years rancid seal oil. Umm, umm, good!

And, yeah, after twenty years, it’s pretty random, but the one thing I think I like most about getting old is that I don’t care. It’s good to not have Mr. Happy ruling my life.

In Vino Veritas

In Virginia? Really?

Jack_Savage Sunday, April 5th at 1:35PM EDT (link)
 
 

ugh

warweaver Sunday, April 5th at 2:05AM EDT (link)

It was sort of a t ypo. I meant to equate sex acts in a marriage to random sex acts because the law no longer distinguishes between the two.

 
 
 
 
 

Strawman city

Kyle-MI Saturday, April 4th at 9:54PM EDT (link)

But the government isn’t interfering with any contract by any anyone who wants to engage in homosexual sex. Two homosexuals can make any contract they want.

Marriage is not a contract, although there are certain similarities and it is treated similar because of government practicalities. Marriage is protected by the government because it can result in children. That cannot happen with any other legal contract and it most certainly cannot happen with any contract between homosexuals.

I appreciate your view

warweaver Saturday, April 4th at 10:59PM EDT (link)

Because you are the first to distinguish marriage contracts from ordinary contracts. It is a crucial distinction.

However, as you stated “marriage is protected by the government because it can result in children.” Since that is the case, and I think we largely agree, you must explain why couples can enter marriage contracts even where the marriage could not possibly result in children.

 
 

You have a faulty conception ...

skorrent1 Saturday, April 4th at 10:47PM EDT (link)

Of the 1st Amentment. You cannot proscribe a law based on moral arguments because of any phony “wall of separation” or “establishment” argument without doing violence to the original intent of the Amendment. In fact, if you insist on a purely secular humanist rationalle for any law, then you are violating both the “free exercise” clause and the prohibition of a religious test for office. Whether you accept the teaching or not, quoting “bear false witness” as an argument against perjury or “thou shalt not kill” against murder does not invalidate the laws. Responders have quoted many secular arguments regarding the interest of the state in stable families as traditionally defined, but you disregard them because of some nebulous tie to “religion”. That is unpersuasive.

Further, as I have stated before, the social institution of marriage is codified in this country by literally thousands of laws and regulations passed by legislators using the traditional “one man - one woman” definition. To have that whole body of law usurped by judicial fiat to apply to another arbitrary definition is the height of judicial overreach. The proper remedy, if one is needed, is for legislators to examine each of the acts individually to determine if the legislated restriction/benefit is appropriate to extend to other relationships. This is what a Constitutional representative republic is all about.

GO ‘HEELS!!!

Good points

warweaver Sunday, April 5th at 12:04AM EDT (link)

However, I do not suggest that statutes banning gay marriage violate the First Amendment. I simply state the obvious, that where a rationale advanced in support of such a ban relies on religious ethics or definitions, such a rationale is Constitutionally forbidden. That said, I fully concede that permissible rationales may exist. I confess however, that I cannot think of one. That is why I posted the question here.

For your part, you stated “Responders have quoted many secular arguments regarding the interest of the state in stable families as traditionally defined” and you go on to assert that I have disregarded them. I have done no such thing. I haven’t heard any arguments in support of maintaining the definition of marriage as the union between a man and a woman based on the stability that arrangement confers on the state that precludes expanding the definition to include homos who wish to shack up and obtain the benefits of a state’s marriage statute because to permit such an expansion would erode the state’s interests in the one man one woman arrangement. In short, none of those explanations would be weakened in the remotest sense by permitting gay marriages.

The rationales that underpin murder and perjury statutes in no way rely on religious ethics or definitions for their support. It is self-evident that a society cannot long stand where its populace is wracked by murders just as it is self-evident that no society’s system of justice can function where the state imposes no punishment on those who lie in open court (and thus defeat the purpose of judicial inquiries).

Despite being persuasive evidence that to permit murder and perjury to occur without penalizing those engaging in them is not in the best interest of a society, the mere fact that societies through the ages have recognized these conclusions as civil imperatives does not justify modern murder and perjury statutes. Such statutes require no such historical or relative support. They stand, throughout time, more or less on their own merits, irrespective of what has been done in other systems or other societies in other periods of history.

You are correct that courts should not by fiat delete references among the scattered statutes and regulations describing marriage as the union of a man and a woman. But it is not fiat if those courts regard marriage as an ordinary contract, in which case courts are correct to grant Constitutional protections, for example, the freedom of contract, in the marriage context the same as they are correct in granting the protection to persons endeavoring to enter an employment contract - and they should grant protection bothto gays as well as to heteros.

If courts regard gay marriage as an equal protection issue, it is because the freedom to contract is considered a fundamental right granted to all citizens via the 14th Amendment’s due process clause (and may not even require resort to the patently unsound emanations and penumbras language of substantive due process). Fundamental rights, as you know, may not be arbitrarily restricted by government ever, and may not be restricted deliberately unless the government has a compelling interest in doing so.

But even if we revert to marriage as a totally unprotected activity, the state must still give a basis that withstands rational scrutiny: which means that any attempt to distinguish gay couples from hetero couples must account for all reasonable variations in order for the restriction to stand up to inquiry.

So, do the rationales advanced by those who wish to prevent gays from marrying under existing statutes survive when one examines whether the articulated purposes for the legislation are rationally connected to the actual effect of the statute. I do not think so, and if you would give me a reason for such legislation, I’ll demonstrate how, and I’ll do it without resorting to the nihilism, relativism or hysterical flights to calls for “the will of the majority” to prevail regardless.

An authentic rational probably doesn’t require a lot of words to present. For most laws, a short paragraph suffices. I’ve only seen one of those so far: because gay relations are unnatural (consequently, the thorniest argument to paint as irrational).

As I have stated repeatedly, I believe that the reason most oppose gay marriage is that homosexuality is disgusting to them. I admit that when I opposed gay marriage it was because gays were and are unnatural perverts in my view. But when I admitted to myself that my disgust for homosexual acts clouded my reason, I quickly realized that my opposition was irrational because without that personal repulsion, I could not give a good reason for banning the practice.

Thus, I concluded that for a government to enact legislation on the basis of my personal views, or anyone else’s, regardless of the size of the majority holding the view, is nevertheless a petty approach to government.

No rationale for any law is forbidden by the First Amendment. To the contrary, ALL speech is FREE

Mike gamecock DeVine Sunday, April 5th at 12:13AM EDT (link)

religious and non-religious. The constitutionality of laws is judged based on their effect, not their rationale.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

zomg

warweaver Sunday, April 5th at 2:14AM EDT (link)

Once a statute is under review, the burden is upon the state to articulate the rationale that operated as the motivation for its enactment. If the government can furnish no basis not sounding in religion, then the government has no rational basis whatever.

Any law without any rational basis is impermissible, regardless of its effect. It just so happens that the effects of laws tend to motivate people affected to bring suits challenging their Constitutionality. Past performance is no indication of future results, friend.

Motivational rationales are not required. Court made law sometimes requires that a rational basis be offered for the law, but

Mike gamecock DeVine Sunday, April 5th at 9:23AM EDT (link)

any will do, not just what can be shown as motivating its enactment.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

 
 
 
 
 

There is no such thing

Menlo Saturday, April 4th at 11:46PM EDT (link)

There is no such thing as “compelling state interest” or “strict scrutiny” or “rational basis” in the Constitution. Those only come into play if you believe the Constitution lets judges make law. If you don’t, then precedent is not law, and it is unconstitutional and thus illegal for a judge to either set it or to follow it where he or she disagrees.

I do think your classification of marriage is in error because it is a specific TYPE of contract that the government distinguishes. As long as it distinguishes it, it must define what distinguishes it.

Of course, please realize that all this is largely irrelevant now. At this point, the nation is SO far off from even remotely following the Constitution, the Constitution is about as valid as the Hammurabi Code. What’s more, I believe the American public would have about as much tolerance for its limits.

“Guess which party these big insurance companies favor? Big companies love big government.” -Ann Coulter

well

warweaver Sunday, April 5th at 12:16AM EDT (link)

I disagree totally if you do not believe that the state has interests ranging from the imperative to the mildly persuasive. National security is a state imperative and I support just about any exercise of state power that is reasonably calculated to preserve it.

On the other hand, the state only has a mild interest in whether or not people in Bangladesh are killing Indians over a territorial dispute. I would support very few exercises of state power to pursue desired outcomes in the case of that particular national interest.

Strict scrutiny is a legal fiction, but it exists nonetheless. Even Scalia concedes that strict scrutiny is appropriate in a whole range of situations. Rational basis applies in almost every other. These are standards of review that are accepted by even the most radical states rights advocates - and they apply to the states because the Civil War Amendments are still good law. They apply to the federal government because of the Bill of Rights and because the Articles of the Federal Constitution confer a range of fundamental rights with which neither the Feds nor the states shall interfere (without having a damned good reason for doing so, ie, any interference will be subjected to strict scrutiny review).

This is a reasonable arrangement. But none of that answers the question: what good reasons can you provide for prohibiting gays from marrying?

Numerous reasons have been provided in this thread and for 5000 years. The burden of proof to change the law is on you and you

Mike gamecock DeVine Sunday, April 5th at 12:24AM EDT (link)

can’t give one to refute why an impotent brother and barren sister shouldn’t be able to marry.

You create an exclusivity argument to oppose polygamy yet reject the exclusivity argument that restricts marriage to one man and one woman.

So lets not pretend that you haven’t already been logically defeated just because we are farther down the thread.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

mike

warweaver Sunday, April 5th at 2:16AM EDT (link)

You either aren’t reading my posts or you are just tossing grenades randomly.

Either way, I wont respond to any more of your senseless commentary unless you characterize my positions accurately before you attack them.

 
 

Standards

Menlo Sunday, April 5th at 4:33PM EDT (link)

The point I was making is that there are not these pre-established named standards or tests under the Constitution. They were inventions and vocabulary terms coined by judges and should never have been valid beyond their first and original use. I reject the constitutional validity of “judicial review” in it’s current form since judges have no “secret” knowledge of the Constitution superior to those in the other two branches of government, nor do they have some higher obligation to follow it.

This is why we need the law. It is to tell judges that their knowledge, understanding, and loyalty to the Constitution is not superior. In fact it is usually inferior.

Of course all that is in practice irrelevant now as adherence to the Constituion has long been violated by all three branches of government; and the vast majority of Americans now likely wouldn’t tolerate living under it.

Back to the main issue, whatever the reasons involved, making marriage “same sex” is in fact a change, not a long-hidden discovery. Contrary to your opinion, I would want a good reason to change something that has been defined the same way for hundreds of years (and thousands of years around the world discounting polygamy). Legislatures should never need a good reason NOT to change something but a good reason TO change it.

“Guess which party these big insurance companies favor? Big companies love big government.” -Ann Coulter

 
 
 
 
 
 
 

You contradict yourself

Menlo Saturday, April 4th at 4:11PM EDT (link)

Opinion is the ONLY basis for ANY policy. If it were not, the laws would be nothing more than an encyclopedia of facts. We would have anarchy. It is your OPINION that opinion is no basis for policy!

Certainly that line of reasoning is not entirely correct. I love how you insert the word “personally” in there. Regardless of which law one is talking about, it is just a way of implictly stating one’s own “personal” opinion. However, without “personal” opinions, there could be no “public” opinion. And again, all laws are based on some sort of opinion.

Also, you are not accurate about what the government is doing. People can enter into whatever contracts they want with each other. In this case though, we are talking about a contract established by and with the government.

Your bigger inconsistency though is that you attempt to make it seem as though the government can establish marriage (not just any contract but marriage) in the first place. Yet somehow, they overstep by defining what they created?

As janis stated, you really have a lot of research to do on the past two elections. You might want to check the votes on those marriage ballot initiatives while you are at it.

You just don’t make any sense here.

“Guess which party these big insurance companies favor? Big companies love big government.” -Ann Coulter

you're scraping the bottom of the barrel

warweaver Saturday, April 4th at 9:33PM EDT (link)

with the whole “It is your OPINION that opinion is no basis for policy.” I didn’t expect that sort of moral relativism from a person supporting government power that seeks to interfere with contractual freedom. You’ve abandoned your own position, philosophically, by making that argument - assuming you place a premium on individual freedom from government interference.

Further, people cannot enter whatever contract they want. Governments enact the law of contract, and thus, people can only enter those contracts which are not forbidden to them by government.

As for your contention that the marriage contract is established by and with government, that is completely incorrect. The parties to a contract are those who exchange consideration. The government furnishes no consideration to those entering a marriage contract. The married persons exchange promises to one another. They do not promise the government anything. Thus, the government’s role in a marriage contract is merely administrative, and it does so only in order to facilitate allocating the benefits it sees fit to confer upon those who enter marriage contracts.

You also state that I paint marriage as an agreement established by government. I have specifically and repeatedly denied that idea is the case. Marriage is an exchange of promises between people. Government plays no roll whatever in that exchange. Others have implied, however, the case you are attempting to make out against me, that the power to regulate marriage, or any contract, is inherent to government. I disagree entirely. People are vested with the power to bind themselves. And only the People can grant government the power to pass laws restricting freedom of contract. The people should only grant government that power if there is a good reason to do so. I’m simply asking if anyone can give me one.

So far, no one has.

You identified your problem

Menlo Saturday, April 4th at 10:59PM EDT (link)

Thus, the government’s role in a marriage contract is merely administrative, and it does so only in order to facilitate allocating the benefits it sees fit to confer upon those who enter marriage contracts.

The government plays a part in something it calls “marriage,” and it allocates benefits IT sees fit. That’s the idea.

As long as a legislature uses the term “marriage” in any statute, it may define that term as it wishes.

“Guess which party these big insurance companies favor? Big companies love big government.” -Ann Coulter

You are getting closer

Kyle-MI Saturday, April 4th at 11:31PM EDT (link)

Marriage is not and should not be defined by the government. The government has codified certain aspects of marriage in order to handle legal situations that may arise, but marriage predates any and all current governments of all countries. Governments can no more redefine marriage than they can redefine gravity.

They can

Menlo Sunday, April 5th at 12:01AM EDT (link)

They can redefine gravity if they wish. It might confuse a lot of people though. I’d rather see Congress and many legislatures banning gravity than doing what they are doing now.

Whatever aspects of marriage it codifies, it makes a distinction between marriage and other contracts.

Of course with marriage, we are not talking about a redefinition but a maintaining of what it always was (with the exception of polygamy).

“Guess which party these big insurance companies favor? Big companies love big government.” -Ann Coulter

Some legislature once redefined the value of Pi

civil_truth Sunday, April 5th at 12:08AM EDT (link)

… defining it as exactly equal to three. Reality was not amused.

Nope, it failed to pass

Finrod Sunday, April 5th at 2:09AM EDT (link)

A Purdue professor put a stop to it, actually. The actual value it had for pi was 3.2, amongst other things like claiming sqrt(2)=10/7.


Finrod’s First Law of Bandwidth:
A picture may be worth a thousand words, but it takes the bandwidth of ten thousand.

 
 

Sorry about that

Menlo Sunday, April 5th at 12:10AM EDT (link)

I think I missed your point. I had you mixed up with warweaver. The long stream of comments is confusing me.

Please feel free to ignore. Though I stand by my view that Congress would be better off redefining or banning gravity.

“Guess which party these big insurance companies favor? Big companies love big government.” -Ann Coulter

 
 

that is an interesting take

warweaver Sunday, April 5th at 2:19AM EDT (link)

I’ll have to think about where that puts things. Good show.

 
 

I agree

warweaver Sunday, April 5th at 12:19AM EDT (link)

Of course it can define the term marriage however it wants to.

All I’m asking you to do is tell me why you dont want gays to be able to marry.

Just because the state COULD do something doesn’t mean that it should. I think gays are gross too, but is that a good reason to prevent them from using marriage statutes?

Just admit that you think gays are gross and that seeing them permitted to marry, like heterosexuals, is not something you like because you dont consider gay relationships to be as good as hetero ones. There is nothing wrong with admitting that, both to yourself and here on the board.

The only result of your admission will be that you feel the same way everyone else does but that just because you feel a certain way is not a good reason to ban gays from marrying.

 
 
 
 
 
 
 

I don't see how it changes much

JoeG Saturday, April 4th at 1:41PM EDT (link)

Other than helping the Republicans in 2010.

This ruling should be long in the dustbin of history by 2012. I have confidence beyond a shadow of a doubt that Iowa’s citizens will overrule the court on this before 2012.

I’m an oddball conservative in that I accept gay marriage, BUT, I also realize how strong the passion is on the issue. I in no way would try to advocate that the Republican party try to adopt my view because that’s just plain batty. The opposition to gay marriage is 90%+ in the R side and it has pretty strong opposition on the D side.

except

warweaver Saturday, April 4th at 3:08PM EDT (link)

you know and I know that the US Supreme Court will eventually take up this question, and it is almost certain to rule state constitutional amendments prohibiting gay marriage unconstitutional.

It will require a federal amendment to prohibit gay marriage, and I dont see how that will ever get accomplished. It simply isn’t that important of an issue for anyone except the religious right that regards marriage as an institution built upon a religion that forbids homosexuality and therefore could not possibly sanction a gay marriage. Obviously the first amendment will prevent such reasoning from being used to justify a ban on gay marriage.

It is a losing issue which the right should abandon because it serves no purpose beyond a legislation of morality, something which government is powerless to accomplish.

Wish I had a nickel for every issue we've been told to

janis Saturday, April 4th at 3:12PM EDT (link)

abandon if we want to win elections. If we did as advised, we’d be Democrats.

 

Legislation of morality

Hooah_Mac Saturday, April 4th at 3:16PM EDT (link)

While you are throwing out canards, would you perhaps give me an example of a law that is not legislation of morality?

“You can call yourself a Republican, but if you’ve lost the support of Fred Thompson, you are an unholy thing that will be destroyed by a rain of fire.” -IMAO

yes

warweaver Saturday, April 4th at 3:44PM EDT (link)

a law for which a basis can be articulated without reference to religious doctrine or personal preference.

Government should be the province of reason from the perspective of the national interest.

If you can furnish a national interest that is reasonably served by prohibiting gay marriage, I’d love to hear it. That was the whole purpose of my posts. I cant think of one.

So the answer is no then?

Hooah_Mac Saturday, April 4th at 3:52PM EDT (link)

I asked for an example, not an obfuscation.

Can you name an example?

Redefining the terms to fit your argument doesn’t count either.

“You can call yourself a Republican, but if you’ve lost the support of Fred Thompson, you are an unholy thing that will be destroyed by a rain of fire.” -IMAO

sure

warweaver Sunday, April 5th at 12:25AM EDT (link)

The Selective Service laws.

The laws that prohibit slavery and involuntary servitude.

The laws that prohibit rape.

You regard such laws as moral judgments about conduct that have no basis in the government’s desire to promote stability and the rights endowed to people by the Creator?

Wrong

Menlo Sunday, April 5th at 7:20PM EDT (link)

Slavery and rape are prohibited because they are deemed immoral. The unjust taking of life, liberty, and property are deemed immoral.

As to the Supreme Court, don’t hold your breath. I predict they will deny cert themselves into no more than a figurehead.

“Guess which party these big insurance companies favor? Big companies love big government.” -Ann Coulter

 
 
 

can't think of one, eh?

E Pluribus Unum Saturday, April 4th at 5:01PM EDT (link)

Well, I can. I think think of multiple ones. But I’m not going to help you out with that, since you prefer to dance around direct questions and throw out tired leftist tripe and call it some sort of argument.

Carthago delenda est
Do your conservative t-shirt Christmas shopping at EPU Gear. Save the conservative muse, save the world.

 

By the same token

Steph C Saturday, April 4th at 5:18PM EDT (link)

please name a national interest that is reasonably served by allowing it.

“[I]f the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.” –Candidus in the Boston Gazette, 1772
Hillbilly Politics

sure

warweaver Saturday, April 4th at 9:37PM EDT (link)

restricting government power to interfere in freedom of contract.

I’ve state that about ten times in various posts.

It doesn't restrict the government one iota. nt

Steph C Sunday, April 5th at 3:48AM EDT (link)

“[I]f the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.” –Candidus in the Boston Gazette, 1772
Hillbilly Politics

 
 
 

and by the way, that's gay "marriage", not "gay marriage"

E Pluribus Unum Saturday, April 4th at 5:18PM EDT (link)

And that is per the dictionary. Marriage = one man, one woman.

Carthago delenda est
Do your conservative t-shirt Christmas shopping at EPU Gear. Save the conservative muse, save the world.

...

warweaver Sunday, April 5th at 12:26AM EDT (link)

Touche. But I dont think we should resort to Websters when deciding what is and is not in a society’s best interest.

no, we should only resort to warweaver, right? - nt

Mike gamecock DeVine Sunday, April 5th at 12:28AM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

 

resorting to Websters......

E Pluribus Unum Sunday, April 5th at 6:15PM EDT (link)

you know, the left wants to redefine EVERYTHING that is of any worth. I choose to fight them.

As for what’s in a society’s best interest, respect for standards of behavior that have served us well for millenia might be a decent starting point. Rash rewriting of societal mores, without considering consequences, is foolish, dangerous, and evil.

Carthago delenda est
Do your conservative t-shirt Christmas shopping at EPU Gear. Save the conservative muse, save the world.

 
 
 

pure semantics and invented definitions - avoideance of the burden that is on you to show that 5000 years of history be changed - nt

Mike gamecock DeVine Sunday, April 5th at 12:27AM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

Ditto that -nt

E Pluribus Unum Sunday, April 5th at 6:15PM EDT (link)

Carthago delenda est
Do your conservative t-shirt Christmas shopping at EPU Gear. Save the conservative muse, save the world.

 
 
 
 

US supreme court

JoeG Saturday, April 4th at 5:09PM EDT (link)

“the US Supreme Court will eventually take up this question, and it is almost certain to rule state constitutional amendments prohibiting gay marriage unconstitutional.”

Only if one of the conservative justices die and is replaced by a bama extremist.

This is so very far into the federalism realm where the states should have full say that it’s rediculous for the US courts to tread.

Not to say that won’t prevent district judges or an activist circuit like the 9th to try.

I hear you and I agree

warweaver Saturday, April 4th at 9:39PM EDT (link)

But I dont think it should be necessary for the Supreme Court to get involved at all. I think that because I dont think state courts can furnish a rational basis for restricting gays from entering marriage contracts.

I say that even though I personally find gays gross.

 
 
 
 

Eternal polygamy

HearMeRoar Saturday, April 4th at 3:24PM EDT (link)

Mitt should think twice about making public comments against gay marriage as long as his Mormon faith believes in eternal polygamy. People who live in glass houses shouldn’t throw stones.

That's a game misconduct foul you've committed

civil_truth Saturday, April 4th at 3:41PM EDT (link)

Not only off-topic, a religious bigotry attack on a man who has nothing to do with Iowa or the their state SC’s decision.

Now if one of the referees is paying attention, we’ll learn soon what the penalty is.

It's not bigotry.

HearMeRoar Saturday, April 4th at 4:43PM EDT (link)

And it is not off-topic. Josh in his post stated” “Look for Mitt Romney to be talking up his opposition to gay marriage in the coming months.”

I replied to this comment. I don’t think it is wise for Mitt to be leading the charge against gay marriage. When the Mormon church gave strong support to Prop. 8 in California, they opened the door to people examining the Mormon’s position on marriage — in this world and the hereafter.

 
 

Not to mention wrong

Xasteius Saturday, April 4th at 3:54PM EDT (link)

That policy was discontinued 113 years ago in this life. I severely doubt that the electorate has much influence in the next.

Don’t leave the party, hijack it back!

Eternal vigilance is the price of freedom.

When I grow up, I don’t want to be Reagan. I want to be Art Chance.
~Aaron Gardner

 

You do know the irony RE: Mitt & polygamy?

JoeG Saturday, April 4th at 5:12PM EDT (link)

Romney was the ONLY Republican running in the 2008 primary who had only been married to one woman his whole life.

Every other one was on their second marriage.

Now can we dispense with the religious bigotry!

Sorry, but...

Steph C Saturday, April 4th at 5:15PM EDT (link)

You forgot Huckabee.

“[I]f the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.” –Candidus in the Boston Gazette, 1772
Hillbilly Politics

 

help me understand . . .

HearMeRoar Saturday, April 4th at 5:33PM EDT (link)

Why is it bigotry to examine the various positions of a religion? Just like I try to understand why marriage is so important to gays, I want to understand the Mormon’s position on celestial marriage, a/k/a eternal polygamy.

If Mormons believe in equality for women, why is it only Mormon men can have multiple wives in heaven but Mormon women can’t have multiple husbands? Mitt should be prepared to answer questions like these if he becomes a presidential candidate again.,

Help me understand your point

SteveLA Saturday, April 4th at 5:38PM EDT (link)

I happen to believe in the part of the bill of rights that states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

So how is someone’s belief system part of anything that I really care about or think government has any business being involved with?

______________________________________

Competency over ideological purity

 

Neil already banned you

JoeG Saturday, April 4th at 11:37PM EDT (link)

But in case you come back to lurk or re-register:

It is bigotry if you speak LIES about someones belief system to denigrate them.

 
 
 

You burned an account for this?

Neil Stevens Saturday, April 4th at 5:45PM EDT (link)

Blam.

Want to run for conservatives? Give.
There Is No Crisis

 
 

2012 will be a different playing field

charliebravoNH Saturday, April 4th at 4:05PM EDT (link)

Gay Marriage in NH was pushed by the most wacked out loons in the Legislature. It still has not passed the State Senate and the Governor has taken no position on it.

Gay Marriage will be an issue but a lesser one. Barack Obama’s big spending socialist ways will drive more “social moderates” back to the GOP. You will see this play out in NH’ s open Republican Primary.This will happen on top of any type of “Operation Chaos” that will be run from the State Democratic Party. Of course Registered Democrats will push for the weakest of Republican candidates to win in NH.

ChBRVNH

 

Government

Knightbrigade Saturday, April 4th at 7:58PM EDT (link)

Government Government……yes too much control from Government upon the PEOPLE can be a problem…..

BUT WE the PEOPLE can pick and choose what powers to GIVE and what powers to take AWAY from the GOVERNEMENT.

“Therefore, I oppose granting government that power, as I would oppose granting government any power unless I could think of a good reason to grant it”.

You are entitled to YOUR opinion, but it seems the majority of states/people seem to have found REASON enough to TELL the Government to implement the WILL of the PEOPLE.
It is activist judges and certain Government leaders WHO refuse to follow the WILL of the people….

The WILL of the PEOPLE for ANY reason…..MUST be followed!!!!!!

“From MY cold dead hands”

that is perhaps the silliest idea i've heard all night

warweaver Saturday, April 4th at 9:44PM EDT (link)

Anything goes because the people support it?

You think that government should be able, for example, to execute me because I am an Anglo Saxon Protestant Male simply because THE WILL OF THE PEOPLE is that WASP males be put to death?

That is the position you are taking here.

Just give a reason why gays shouldn’t be allowed to marry other than because its gross and because the bible forbids homosexuality.

PLEASE ANYONE.

Let's do it this way

Jack_Savage Saturday, April 4th at 9:49PM EDT (link)

Why don’t you give a reason why thousands of years of tradition should be wiped out, and hundreds of laws re-written because of the desires of a very, very small sliver of the population?

This question has already been answered by the people many, many times. You are simply not happy with the answer.

honestly

warweaver Sunday, April 5th at 12:34AM EDT (link)

I dont really care whether gays are permitted to marry one way or the other. Whether they can or cant doesn’t have any appreciable bearing on my existence.

I am only interested in the reasons people give for adamantly opposing gays using marriage statutes. I’m curious if anyone can furnish a reason that doesn’t require a pointless and petty reliance on what a specific word means according to webster’s dictionary as the basis for their opposition, or without citing their religious views that compel them to regard homos as the lowest of the low.

So far no one has been able to. All I’m asking for is a REASON to forbid the practice. A reason might look something like this for example: “If we permit gays to marry using existing statutes, such a policy would effectively sanction homosexual practices, legitimizing them and putting them on a par with heterosexual acts. Children might be led to believe that homosexual acts are as natural as heterosexual acts and engage in them more frequently . . . . and aids will break out everywhere and people wont have kids anymore because we’ll all be gay.”

Something like that. Like, what bad thing will happen if gays can marry?

I also wont give a reason why tradition should be wiped out because I dont see that expanding a simple definition “wipes out” history.

Many reasons have been given above. You choose to ignore them and pretend they haven't been made. - you are not a serious person, and so, I have no more time for you. I don't request blamming. I choose to move on to serious people. - nt

Mike gamecock DeVine Sunday, April 5th at 12:41AM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

 
 
 

You seem to be confusing the question

Hooah_Mac Saturday, April 4th at 9:52PM EDT (link)

There is no law forbidding homosexuals to marry people of the opposite gender(the definition of marriage). There is no law forbidding homosexuals from entering into a contract between themselves and calling it marriage.
What you are advocating, and what the court’s have been illegitimately doing is calling on the government to change the legally recognize those unions as the same as traditional marriages.
You have the burden of proving that government interference is in the public interest, not those on the other side of the argument.

As to the will of the people, I would disagree with what Knightbrigade says as well. In this country, Rex Lex. The Constitution is binding and above the will of the people, unless the people follow the precise steps to change it…in which case it is still superior to the will of the people. The problem is that when Justices apply their ideas in place of what the Constitution plainly says, or usurp its authority as their own when casting aside the will of the people…then we have nothing different from the aristocracies and monarchies our founders rightly abhorred.

“You can call yourself a Republican, but if you’ve lost the support of Fred Thompson, you are an unholy thing that will be destroyed by a rain of fire.” -IMAO

Hmm, ok....

warweaver Saturday, April 4th at 10:34PM EDT (link)

I accept the burden on one condition: that you indicate whether or not you would oppose a statutory scheme which grants homos the right to enter unions, either civil or religious, with all of the procedures, benefits, and privileges of the same government’s marriage statute. The only difference between the two schemes in this hypothetical, therefore, would consist of the replacement of the term “marriage” with the term “alternative union” everywhere “marriage” appears in the existing statute.

By the way

Jack_Savage Saturday, April 4th at 10:42PM EDT (link)

It seems you think you know a lot about us, but “homos” is not a term used here.

And FWIW, your challenge makes little sense.

 

Oppose

Hooah_Mac Saturday, April 4th at 10:47PM EDT (link)

Federally, because it is not a legitimate purview of the federal government. On a state level, it depends on the state constitution. In my own state, I would oppose it due to my beliefs. If it was not contraindicated by the state constitution and it was passed as a law should be passed, then it would be a legitimate law. It would be a law that damages society, just as no-fault divorce laws damage society, but it would be a legitimate law. Part of your argument states that a degradation of marriage among heterosexuals means that it shouldn’t be protected from being applied to homosexual relationships. I would argue that just because a boat is sinking doesn’t justify drilling more holes in the bottom.

I do not, by the way, share your homophobic views. I have counted several homosexuals as employees and as friends. I believe that sexual intercourse with a member of the same sex is a sin. It is not a worse sin than fibbing, cursing, adultery or fornication, nor is it a better sin than any of those. I do not treat people differently because they do things I believe are wrong, but I would be remiss if I pretended that wrong was right to keep someone from feeling badly.

“You can call yourself a Republican, but if you’ve lost the support of Fred Thompson, you are an unholy thing that will be destroyed by a rain of fire.” -IMAO

mac

warweaver Sunday, April 5th at 1:07AM EDT (link)

I agree with you that no-fault divorce is the practice that opens the door to the entire discussion. If I my preference became law, teeth would be re-inserted into marriage contracts. You are correct that part of my view on this matter (I’m NOT for the tenth time arguing that gays should be permitted to marry, only that they ought not be restricted by government from marrying [subtle but powerful distinction]) is based on the overall deterioration of the institution of marriage. But that deterioration is a fact in this society and there is no reason to imagine that the trend will be reversed anytime soon.

Therefore, while I agree with you that just because a boat is sinking is no reason to drill more holes, the analogy isn’t as precise as I think you ought to have made it. The boat is sinking, we agree, we must also agree therefore that it is the heterosexuals that have been and are likely to continue the drilling that caused and is still causing the vessel to sink. At this point the question is: are the heterosexuals who themselves are busily drilling reasonable in denying gays a place on the boat because of the possibility (and by no means a certainty) that they will drill a few holes of their own?

You would impose laws on all of us because of your religious views - as if that idea isn’t repugnant to the Federal as well as every states’ constitution. As you well know, this country was founded because people didn’t want to be subjected to laws that were based on some other person’s religious dogma.

I respect the honesty, but obviously I wont assume the burden of providing a rationale in support of amending statutory definitions of marriage to include same sex unions since your views on this matter are driven by dogma instead of reason (even if there is some reason, as in this case, behind the dogma).

If I were to engage you it wouldn’t be any different than engaging some radical Muslim cleric. The only premise either of you will accept regarding this issue are those appearing in your respective religious texts.

 
 

Why are you advocating here the scheme that you so vigorous opposed in my thread

civil_truth Saturday, April 4th at 10:56PM EDT (link)

Multiple times I said that I would accept* a law that created a parallel system to marriage that had the same rights and privileges but under a different name. And a number of states (including California) indeed set up a parallel system - and that is not good enough for gay marriage proponents - and the CA SC also said that this was not good enough, it had to be called marriage.

Again, when I said that this was acceptible to me, then you said it was not acceptible to you - you kept asking me on what grounds did the state have the right to withhold calling that laternate system “marriage”.

So what’s your game here, proposing this exact same scheme? Or are you just waiting to attack if Hooah_Mac assents? We’re rapidly approaching Hinz Rule territory.

You’d better have a good explanation for your behavior.

———————————-

*That’s not the same as my advocating for this - it’s still the burden for those who wish to change the status quo to convince enought legislators to pass sucyh a law. But I wouldn’t seek to overturn such a legislative action. Nor do I want the courts to impose this.

civil truth

warweaver Sunday, April 5th at 1:16AM EDT (link)

I was setting a trap for Hooah_Mac which he managed to avoid.

But more importantly, you must note that I wasn’t advocating a parallel scheme, I simply presented Hooah with a hypothetical. I posed it because he challenged me to provide a rational basis for altering the definition of marriage in existing statutes. If he agreed to support a parallel scheme set up precisely as the one I described in my post, I would, at that point, be prepared to offer such a basis. Since he didn’t fall into the trap I didn’t get the chance to pounce. Hooah is obviously a man of principle that cannot be easily trapped even though he’s presented with more or less attractive bait.

I do oppose setting up a parallel scheme.

 
 

Mods - decision please

Hooah_Mac Saturday, April 4th at 11:00PM EDT (link)

I hadn’t previously noticed the accumulated bigotry of this poster’s comments throughout this thread and others. He is either a bigot or a bizarre moby, either way, he uses language and characterizations of homosexuals that I don’t think are appropriate in any venue.

“You can call yourself a Republican, but if you’ve lost the support of Fred Thompson, you are an unholy thing that will be destroyed by a rain of fire.” -IMAO

I second Hooah_Mac's request -nt-

civil_truth Saturday, April 4th at 11:07PM EDT (link)

Me three

Jack_Savage Saturday, April 4th at 11:12PM EDT (link)

Mobys seem to think we use that language or accept its use. A sure sign of trying to be too smart by half.

I get it

warweaver Sunday, April 5th at 1:31AM EDT (link)

Ya’ll want me banned because you regard me as a troll, even though I’m probably more conservative, and radically so, than most on this board.

I’ve referred to gays as “homos” which, while I guess is moderately derogatory, is really just a shortened version of homosexual. I have not used any obviously inflammatory language such as f*ggot, p*nko, fl*mer, and the like.

I have stated that homosexual conduct disgusts me personally. Is that impermissible simply because someone might be offended that I find his or her conduct, at times, to be repulsive and unnatural? That is a personal opinion obviously shared by many in this discussion. I’ve volunteered that information repeatedly to make clear that I am not a homosexual. I sought to establish that because I do not wish my views on this subject to be regarded as colored based on my own sexual orientation. I also sought to establish that despite my very strong personal feelings about homosexual acts and conduct I still do not see a good reason to oppose gay marriage.

I have further stated that I would not choose to associate with a homosexual. I ought to have stated that I would not choose to associate with a person who announces or in some other fashion makes it obvious that he/she is a practicing homosexual. I do not regard sexual orientation as the subject of polite conversation at all and that is the sense which I meant to convey by stating that I wouldn’t choose to associate with a person I knew to be homosexual.

I find it regrettable that you have resorted to basically calling for administrators to ban my participation here and I doubt that your views originate over my use of the term “homo” as that is the only expression I recollect using that in any way can be construed as derogatory. If you are offended that I am personally repulsed by homosexual conduct, then I really dont know how to respond. This is a serious issue and people have visceral reactions, me included.

Forgive me for any offensive statements - I will avoid repeating them in the future. But it isn’t exactly transcendent behavior to be call for the banning of a person with whom you disagree, for the sake of appearances at any rate and in this case for the sake of looking like a soar loser since I believe not one of the three of you answered the question presented.

Okay, Let Me Have a Crack At It

JX12 Sunday, April 5th at 3:25AM EDT (link)

Government should be permitted to disallow gay marriage because it’s wrong.

Ooh. How simplistic.

Yeah. Exactly.

Who am I to say it’s wrong, you ask? Who are you to say it isn’t? We legislate morality all the time. One could make the argument that most - if not all - laws are a reflection of SOMEONE’S idea of right and wrong, and are therefore a codification of some form of morality.

We can get into all these ethereal discussions about the granting of powers (or lack thereof) to the government, but at the end of the day, the founders were trying to create an environment in which a moral society could thrive. James Madison himself said the Constitution was written for a moral society, and that it would be wholly inadequate to the governance of any other type of society.

So how does the openly accepted practice of homosexuality affect a society (not even getting to the gay marriage part of it yet)? It is the belief of many people that when a society begins tolerating - and then accepting - the practice of homosexuality, it’s the beginning of the end of that society.

If enough of them want to get together and create laws in an attempt to abate the demise of their society, then - court rulings notwithstanding - the Constitution doesn’t prohibit that any more than it prohibits states from outlawing abortion. There’s your precious REASON, whether you realize it or not.

Yeah, you heard me right on the abortion thing. The courts, not the Constitution, decided to impose the Roe v Wade prohibitions on the states because….well, because they felt like it; and they’re already attempting to do it again on the gay marriage issue. That does not, however, make it so in the Constitution.

Just because you believe the government shouldn’t be granted certain powers to restrict behavior inconsistent with societally recognized norms doesn’t mean it shouldn’t be so. The government is, after all, the people - at least for now. To paraphrase Ben Franklin, we have a republic….IF we can keep it.

I guess "wrong"

warweaver Sunday, April 5th at 6:00AM EDT (link)

is about what I expected when someone finally spilled his guts.

But we are right back where we started because your statement, that homosexuals marrying one another is wrong, is not a rationale, it is a conclusion.

What I am interested in is what factors you consider that lead you to the conclusion that you’ve presented. Make the argument - provide a premise or two, layer on some inference, and then hit me with your conclusion.

I await your response. Thanks.

 
 

Wrong response, warweaver. Read this; site moderator talking.

Moe Lane Sunday, April 5th at 7:51PM EDT (link)

The right response would be “I apologize for using sexual epithets on this weblog, and I will avoid using them here in the future.”

You will now write exactly that, nothing more, nothing less.

Moe Lane

PS: You have also made it abundantly clear that you consider gays to be icky. You may stop doing that, now.

That is not a request.

 

Nope

Jack_Savage Sunday, April 5th at 8:08PM EDT (link)

As we have made abundantly clear, we are happy to debate. You haven’t provided any answer to why we should overturn thousands of years of tradition and rewrite hundreds of laws to accomodate 2% of the population.

If we don’t say anything about the names and labels you use in the debate, then we accept them. That is all this is about. Don’t act like it surprises you or hurts you. Moe has given you some advice, and if you want to carry on I would suggest you follow it.

 
 
 
 
 
 
 
 
 

I am new here(flame on)

carlsbadd Saturday, April 4th at 10:19PM EDT (link)

There have been a lot of valid views here about this issue.

I have had this argument with my wife and others during the last few years.

The will of the people and how they vote on this issue must be first and foremost.
It should not be up to the black robes

When activists claim it’s the “civil rights issue” of our time and try to tie it with the equality issues we lived through in Kings day I always reply that if that is the case then we must declare gays as a different race if that argument is to stand true.
On the basis of religion then that is up to the individual and his beliefs, if the Church sanctifies a gay marriage it’s none of my business and I feel it’s none of the governments business either.

If you go to any of the gay conservative blogs/sites you would find many different opinions also. Yes, there are a lot of gay conservatives and they have as much disdain against the libs as many here do. Many are of the opinion that in CA they did not rally enough people to the polls to defeat prop 8 and they were not able explain their issues in a clear manner. They are not bitter about it
I find it interesting that the gay conservatives have many of the same issues many here talk about and that is getting our message out to the masses in a clear manner.

 

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