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Old 12-17-2010, 01:58 PM
 
16,545 posts, read 13,455,215 times
Reputation: 4243

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Quote:
Originally Posted by hammertime33 View Post
I don't think you understand what "rights" are. What you call a privilege is in a fact a "legal right". There are 1400 things that people get from the government when they enter into a civil marriage contract. You can call those things whatever you want - privileges, benefits, rights, babbledos, whatever. However, that doesn't change that fact that by definition they are "legal rights" - rights given to people by the power of law (as opposed to natural rights). In the United States, when The Law gives legal rights to people it can't be done in a discriminatory manner. You can't pass a law banning black people from marrying but allowing all other races the legal right to marry. You can't pass a law banning Christians from driving but allowing people of other religions the legal right to drive.

Of course there are exceptions. Laws can be discriminatory when the discrimination prevents a harm to the people (they call it serving a legitimate government interest). This is why pedophiles can be banned from marrying prepubescent children, blind people can be banned from driving cars, etc, etc, etc.

In order to Constitutionally ban homosexuals from accessing the legal rights of civil marriage, you'd have to show/argue/prove that allowing homosexuals to have those 1400 legal rights harms the people of the United States (or whatever jurisdiction you're making laws or suing in). Proponents of banning gay marriage tired to do this in both California and Iowa - they failed miserably both times, and the bans were ruled unconstitutional.


As to the ACLU and other civil rights organizations, they agree 100% with what I just said. They all agree that civil marriage certainly is a civil right. The ACLU has have been "all over this" for years.

Here's a quote from the ACLU website:

"Since the first marriage lawsuit for same-sex couples in 1972, the ACLU has been at the forefront of both legal and public education efforts to secure marriage for same-sex couples and win legal recognition for LGBT relationships."

Relationships | American Civil Liberties Union
First of all, there are posters here trying to give 2 very different defintions of what right this actually is. One is saying it is a civil right and you are saying it is a legal right. Which one is it LEGALLY? I don't want to hear the ACLU's OPINION on this, what does the Constitution say? It doesn't right? What about the Bill of Rights? Anything in there about marriage? Nope, I dodn't think so. So you tell me, if this is a damn civil right and all these states are VIOLATING that CIVIL RIGHT, how are they getting away with it? HOW?
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Old 12-17-2010, 01:58 PM
 
14,917 posts, read 13,103,566 times
Reputation: 4828
Quote:
Originally Posted by SourD View Post
That is what is called an OPINION! Now tell me how this was ruled a civil right and it is still illegal. Come on, tell me how that works!? You can't explain it because it is NOT a CIVIL RIGHT!
You do realize that Supreme Court "opinions" constitute law and precedent, right?
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Old 12-17-2010, 01:59 PM
 
16,545 posts, read 13,455,215 times
Reputation: 4243
Quote:
Originally Posted by hammertime33 View Post
You do realize that Supreme Court "opinions" constitute law and precedent, right?
Come on smart guy, tell me how all these states are violating people's civil rights and getting away with it. Tell me? HOW IS THIS?

BTW, SCOTUS can have an opinion about something but not reflect that opinion in their ruling. It is called CONSTITUTIONALITY!
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Old 12-17-2010, 02:01 PM
 
Location: Victoria, BC.
33,543 posts, read 37,145,710 times
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Quote:
Originally Posted by SourD View Post
That is what is called an OPINION! Now tell me how this was ruled a civil right and it is still illegal. Come on, tell me how that works!? You can't explain it because it is NOT a CIVIL RIGHT!
Wrong again....Recognized federal civil rights law in the United States is grounded in the U.S. Constitution as interpreted by the Supreme Court. By this standard, marriage has long been established as a civil right.

Is Marriage a Civil Right? - Why Marriage is a Civil Right
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Old 12-17-2010, 02:02 PM
 
16,545 posts, read 13,455,215 times
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Quote:
Originally Posted by sanspeur View Post
Wrong again....Recognized federal civil rights law in the United States is grounded in the U.S. Constitution as interpreted by the Supreme Court. By this standard, marriage has long been established as a civil right.

Is Marriage a Civil Right? - Why Marriage is a Civil Right
Another opinion. You don't the difference do you? Defintely not. You could do a google search for marriage is NOT a civil right and come up with hundreds and hundreds of articles explaining how it isn't. Come on now, you too, tell me how all of these states are violating people's civil rights and getting away with it. HOW ARE THEY DOING IT?!?!?!?!
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Old 12-17-2010, 02:06 PM
 
Location: Las Vegas, NV
3,849 posts, read 3,753,125 times
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Quote:
Originally Posted by SourD View Post
Nobody has ever spoken out against gay couples getting a civil union. It's the fact that this isn't good enough for most gays and they just want to have a MARRIAGE although a civil union would give them what they want and that would be the end of it. Why don't gay couples just get a civil union and shut the hell up about it already?
Then why are civil unions also banned in so many of the states that have banned same sex marriage? The fact is, too many of the people who vote to keep gay and lesbian couples from being able to legally marry also don't want the to have access to ANY form of legal joining.
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Old 12-17-2010, 02:14 PM
 
16,545 posts, read 13,455,215 times
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Quote:
Originally Posted by MsMcQ LV View Post
Then why are civil unions also banned in so many of the states that have banned same sex marriage? The fact is, too many of the people who vote to keep gay and lesbian couples from being able to legally marry also don't want the to have access to ANY form of legal joining.
You know the answer. MOVE! What else can be said? If you are unhappy with your town you live in because they raise your taxes for BS that you don't want, what do you do? Try and change the tax code or do you move if you are that unhappy? If you can't find a job that keeps you aflaot in your state, but found one in another, what do you do? Do you throw a fit and demand that they move their operations closer to you or do you get off your ass and make it happen? What makes more sense, getting all huffy and puffy and throwing tantrums or just going after what makes you happy?
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Old 12-17-2010, 02:14 PM
 
14,917 posts, read 13,103,566 times
Reputation: 4828
Quote:
Originally Posted by SourD View Post
First of all, there are posters here trying to give 2 very different defintions of what right this actually is. One is saying it is a civil right and you are saying it is a legal right. Which one is it LEGALLY? I don't want to hear the ACLU's OPINION on this, what does the Constitution say? It doesn't right? What about the Bill of Rights? Anything in there about marriage? Nope, I dodn't think so. So you tell me, if this is a damn civil right and all these states are VIOLATING that CIVIL RIGHT, how are they getting away with it? HOW?
A civil right is a legal right - they mean the same thing. If our civil government uses the law to define a right, then it is a civil, or legal right.

And yes, the constitution specifically speaks to how civil/legal rights apply to the people. Specifically, it says that "No State shall...deny to any person within its jurisdiction the equal protection of the laws". If government uses law to define the legal rights of a civil marriage, then all citizens must have equal access those legal rights (unless of you course you can show that allowing certain groups those legal rights harms to the people - then you can ban their access).

Do you honestly feel that the legal rights of civil marriage as defined by law are something less than rights (privileges as you call them) and that government can decide who is entitled to them willy-nilly?

Can the government legally (constitutionally) deny left-handed people the "privileges" of civil marriage? Can the government legally (constitutionally) deny sterile people the "privileges" of civil marriage? Can the government legally (constitutionally) deny people the "privilege" of marry those of different races?
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Old 12-17-2010, 02:16 PM
 
16,545 posts, read 13,455,215 times
Reputation: 4243
Quote:
Originally Posted by hammertime33 View Post
A civil right is a legal right - they mean the same thing. If our civil government uses the law to define a right, then it is a civil, or legal right.

And yes, the constitution specifically speaks to how civil/legal rights apply to the people. Specifically, it says that "No State shall...deny to any person within its jurisdiction the equal protection of the laws". If government uses law to define the legal rights of a civil marriage, then all citizens must have equal access those legal rights (unless of you course you can show that allowing certain groups those legal rights harms to the people - then you can ban their access).

Do you honestly feel that the legal rights of civil marriage as defined by law are something less than rights (privileges as you call them) and that government can decide who is entitled to them willy-nilly?

Can the government legally (constitutionally) deny left-handed people the "privileges" of civil marriage? Can the government legally (constitutionally) deny sterile people the "privileges" of civil marriage? Can the government legally (constitutionally) deny people the "privilege" of marry those of different races?
You are avoiding the obvious question that will bring down your entire house of cards. How are states getting away with violating your civil rights?
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Old 12-17-2010, 02:17 PM
 
Location: Las Vegas, NV
3,849 posts, read 3,753,125 times
Reputation: 1706
Quote:
Originally Posted by SourD View Post
You people, as in the loud mouths that are causing problems with something where no problem exists. Civil unions are recognized in most states I believe. Also, did you know that if a gay couple wants to get married, they can go to a state where they can and they can return to their home state and their marriage will be recognized? Why is THAT so hard? Why must there be a law made for this?
I'm thinking maybe you need to do some research into the laws of the various states, because that statement is incorrect. Most of the states where bans exist against same sex marriage, those laws and/or constitutional amendments also contain language denying the recognition of any same sex marriage performed in another state.
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