SpinnerofTales
Posts: 1586
Joined: 5/30/2006 Status: offline
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quote:
ORIGINAL: Mercnbeth Prop 8 in CA was a misplaced law. Once again it provided a 'more equal' status to one group of people. Currently every person has the same ability to marry the same gendar. Pity that they love a gendar same as their own and that 'marriage' isn't 'legal'; but then again, neither is marring 2 or more people. Neither is marrying your sister, daughter, son, or bother. You can't get married at all prior to a certain age and you can't marry anything not legally defined as 'human'. I voted for Prop 8 because, if you want to eliminate one aspect of the law of marriage eliminate them all. Meanwhile, lets look at some of the same sex perks presently enjoyed. While in Vegas, beth and I were required to use separate steam and spa facilities after our 'couples massage'. Same sex partners had the ability to enjoy the facility together, we were separated - unfair! There are plenty of 'un-fair' statutes on the books; exposing nipples in public is gendar biased. Get rid of them all, or create more hypocrisy by selectively getting rid of some, based upon personal agenda. Your post was well written and well considered. I must, however, take issue with your points on marriage. The problem I have with it is that you are mistaking a change in the nature of the civil contract of marriage with a change in the nature of marriage. As it stands, marriage is a civil contract, recognized by the government, between two consenting adults to become a partnership. There are benefits given to the parties of this civil contract among which are inheritance rights, social security benefits, and tax benefits. It is also a contract that, by statute, can only be entered into by a heterosexual pair of consenting adults. The only difference in expanding the protection of marriage to gay partners is eliminating the requirement of the gender of the partners who are not related by blood (save for places where cousins can marry). This does not alter the nature of the contract, the rules under which it is administered or the legal issues that arise from it. The other matters you mention alter the very nature of the marriage contract. To allow children to marry or adults to marry children changes the requirement that both parties who enter into this contract be consenting adults. It is a general societal principal that there are things that adults can do that children cannot. A child cannot drink, below a certain age they cannot drive a car. They also cannot enter into binding contracts. So the idea that if gay's can marry, children should be allowed to marry is unsound. To allow a person to marry an animal would again alter the idea that marriage is contract entered into by consenting adults. Animals have no capacity to consent. They cannot enter into any contract. Again, this would be a basic alteration of what marriage is as opposed to merely extending the option to an excluded class. As for polygamy, I have no problem with it under moral grounds. The legal ramifications of it would be a basic alteration of the idea of two consenting adults entering a partnership. Further it would open a legal can of worms that would be mind boggling. One of the big legal concerns of a marriage currently is it's dissolution. Since there is a 50% divorce rate in this country, this is no small matter. As of now, there are a well defined series of rules and criteria for the dissolution of this contract. Polygamy would require a completely new set of questions to be answered. For example: How should property be distributed? Should it be equally divided between all parties or given out on a seniority bases according to the length of time the spouse was polygamously married? What are the visitation/custody rights of a party to such a marriage in relation to a child that they may have raised but with whom they have no biological connection? If one party in a polygamous marriage decides to leave the marriage, does the entire marriage dissolve or does it continue with those who remain? In short, the entire rulebook of what marriage is would have to be rewritten. Gay marriage, on the other hand, requires only that the requirement of the gender of the participants be abloished. Rights would be the same for a gay couple as a straight couple. Divorce would be the same for a gay couple as a straight couple. The apparatus of marriage could continue exactly as it is now. Only more people would be allowed to take that option as opposed to being denied it. It would seem to me to be a pretty fundamental difference between the issue of gay marriage and the relationships you cited.
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