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  #226 (permalink)  
Old 2 Weeks Ago
Jefe's Avatar
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Re: no same sex marriage in Maine

Quote:
Originally Posted by Traveler View Post
A marriage license can be refused (to be issued) for any reason the state sees fit. Even if it is indeed unconstitutional, all you can do is apply for another license, the decision can never be "overturned". You can't sue the court because of it, you can't sue the city or have them criminally prosecuted, even though it may violate your rights.
So basically, a town clerk can look you up and down, decide he/she doesn't like the looks of you, and say "sorry, I can't give you a marriage license."? Without any reason?

Somehow I doubt that. Got any proof?

State laws do vary, but this seems very much against our freedoms.
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  #227 (permalink)  
Old 2 Weeks Ago
daddio's Avatar
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United_States     Virginia

Re: no same sex marriage in Maine

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Originally Posted by Traveler View Post
Can and has what? Married gays?

yes and in states where they cannot, they have a sort of blessing thing.

I believe RCC has as well, got in a little trouble over it as I recall.
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  #228 (permalink)  
Old 2 Weeks Ago
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United_States     Virginia

Re: no same sex marriage in Maine

Quote:
Originally Posted by Traveler View Post
Thanks for the explanation.

no problem. I got curious over it and looked up the law. Its pretty well spelled out asn one would hope in an effort to satisfy the interests of both institutions..
__________________
Socialism doesn't create a rising tide that lifts all boats. It drains the lake and teaches the boat riders not to help themselves by rowing.

Jesus loves you, allah wants you dead

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand
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  #229 (permalink)  
Old 2 Weeks Ago
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United_States     New_York

Re: no same sex marriage in Maine

Quote:
Originally Posted by daddio View Post
I have not heard a rational case for same sex marriage or abortion.

I've heard rationalizations attempting to make a case but they boil down to 'because I WANT it'.
The rational basis for same sex marriage has been explained over and over again. That rational basis is that in our system, equal protection of the law is required absent rational due process for denial. So far nobody had supplied that rational basis for denial and therefore by default, following the precdepts of our democratic society, gay marriage should be allowed.
The abortion debate is obviously off topic but it is perfectly obvious that pro choice proponents believe a woman's right to control her own body outweigh any rights the fetus may have. Abortion opponents believe the oposite. So unlike this gay marriage question, both sides of the abortion debate have a rational basis for laws which would support their view.
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  #230 (permalink)  
Old 2 Weeks Ago
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Member Since: Dec 2004
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Re: no same sex marriage in Maine

Quote:
timj219
The rational basis for same sex marriage has been explained over and over again. That rational basis is that in our system, equal protection of the law is required absent rational due process for denial. So far nobody had supplied that rational basis for denial and therefore by default, following the precdepts of our democratic society, gay marriage should be allowed.

The abortion debate is obviously off topic but it is perfectly obvious that pro choice proponents believe a woman's right to control her own body outweigh any rights the fetus may have. Abortion opponents believe the oposite. So unlike this gay marriage question, both sides of the abortion debate have a rational basis for laws which would support their view.
Rational basis: the majority of Americans believe homosexual conduct is immoral, and even if you are not going to criminalize it, it is within the rights of the people in a democracy to not affirmatively sanction that which the majority believes to be immoral.

If you reject this as a rational basis, on what basis do you defend laws criminalizing incest between consenting adults, or even marriage between closely related consenting adults?
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  #231 (permalink)  
Old 2 Weeks Ago
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Re: no same sex marriage in Maine

Quote:
Originally Posted by daddio View Post
I hear fine.

Thousands of years of civilization speak to the soundness of te definition of marriage. Ten to twenty years of history of any alternative is just noise.
For the majority of those thousands of years polygamy was the prevailing definition of marriage. Not only is yourf "this is the way it's always been done" argument not a reason to deny equal protection, it's not even true.
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  #232 (permalink)  
Old 2 Weeks Ago
Town Council Member

 
Member Since: Jun 2009
Location: St Louis
Posts: 113

   
Re: no same sex marriage in Maine

Gay marriage has NEVER passed when left to the people...

While in Washington state... they voted in (though barely) 'everything BUT marriage'

Gay people... get used to it.
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  #233 (permalink)  
Old 2 Weeks Ago
Speakeasy's Avatar
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United_States     Virginia

Re: no same sex marriage in Maine

Quote:
Originally Posted by Marcus1124 View Post
Rational basis: the majority of Americans believe homosexual conduct is immoral, and even if you are not going to criminalize it, it is within the rights of the people in a democracy to not affirmatively sanction that which the majority believes to be immoral.

If you reject this as a rational basis, on what basis do you defend laws criminalizing incest between consenting adults, or even marriage between closely related consenting adults?
Actually, Americans are exactly 50/50 on the morality of homosexuality, with those thinking it's not immoral on the rise.
Quote:
PRINCETON, NJ -- Americans interviewed in Gallup's 2008 Values and Beliefs poll are evenly divided over the morality of homosexual relations, with 48% considering them morally acceptable and 48% saying they are morally wrong.
Quote:
Despite Americans' divided reaction to homosexuality on a moral basis, the majority believes homosexual relations should be legal (55%) and accepted as an alternative lifestyle (57%).

Support for the legality of homosexual relations has advanced and receded over the years, beginning at 43% when Gallup first asked about it in 1977. Support then dipped in the 1980s to the low 30s, but gradually increased through the 1990s and reached 60% in May 2003.
Americans Evenly Divided on Morality of Homosexuality
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  #234 (permalink)  
Old 2 Weeks Ago
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Re: no same sex marriage in Maine

Quote:
Originally Posted by Marcus1124 View Post
Rational basis: the majority of Americans believe homosexual conduct is immoral, and even if you are not going to criminalize it, it is within the rights of the people in a democracy to not affirmatively sanction that which the majority believes to be immoral.
^ There's some major irrational thought right there: homosexual activity is not criminal (it's socially acceptable), but they still can't get married. Not only is that irrational, it's hypocritcal. If homosexuality is so immoral, why don't we criminalize it?

Quote:
If you reject this as a rational basis, on what basis do you defend laws criminalizing incest between consenting adults, or even marriage between closely related consenting adults?
As stated already, marriage between relatives is bad for society because it could lead to retarded babies... or birth defects for the PC crowd. Since gays can't even make babies, it's not even an issue.
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  #235 (permalink)  
Old 2 Weeks Ago
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Re: no same sex marriage in Maine

Quote:
Jefe
There's some major irrational thought right there: homosexual activity is not criminal (it's socially acceptable), but they still can't get married. Not only is that irrational, it's hypocritcal. If homosexuality is so immoral, why don't we criminalize it?
Lying isn't criminal (except under oath and pursuant to legitimate law enforcement investigative questions), but by and large government laws do not criminalize it, while at the same time public policy doesn't sanction it (in fact there are non-criminal legal penalties for lying in many instances such as libel and slander).

Most people view adultery as immoral, but it is not criminal. However, in many states (if not most), public policy not only refuses to sanction the activity, but attaches negative possible civil penalties to it in divorce.

It is a fallacy to say that just because you recognize a legitimate ability for the state TO legislate on matters of morality that it MUST exercise that power to its fullest extent in all cases.

Quote:
Jefe
As stated already, marriage between relatives is bad for society because it could lead to retarded babies... or birth defects for the PC crowd. Since gays can't even make babies, it's not even an issue.
So, under your reasoning, there would be no "rational basis" for prohibiting two brothers from marrying, since they can't have retarded babies? How about a brother and sister if one of them is sterile?
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  #236 (permalink)  
Old 2 Weeks Ago
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United_States     Virginia

Re: no same sex marriage in Maine

Quote:
Originally Posted by timj219 View Post
The rational basis for same sex marriage has been explained over and over again. That rational basis is that in our system, equal protection of the law is required absent rational due process for denial. So far nobody had supplied that rational basis for denial and therefore by default, following the precdepts of our democratic society, gay marriage should be allowed.
they have equal protection under the law now. thats why they have attempted to re-define it as a "right". if it were otherwise it would heve been settled years ago.


Quote:
The abortion debate is obviously off topic but it is perfectly obvious that pro choice proponents believe a woman's right to control her own body outweigh any rights the fetus may have. Abortion opponents believe the oposite. So unlike this gay marriage question, both sides of the abortion debate have a rational basis for laws which would support their view.
No, the woman wants control over the body of another living thing and a human being at that. They make rationalizations that this other living thing is not what it is.
__________________
Socialism doesn't create a rising tide that lifts all boats. It drains the lake and teaches the boat riders not to help themselves by rowing.

Jesus loves you, allah wants you dead

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand
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  #237 (permalink)  
Old 2 Weeks Ago
daddio's Avatar
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United_States     Virginia

Re: no same sex marriage in Maine

Quote:
Originally Posted by tsquare View Post
Gay marriage has NEVER passed when left to the people...

While in Washington state... they voted in (though barely) 'everything BUT marriage'

Gay people... get used to it.


twice. just reaffirmed this Tuesday in a little noted ballot initiative.
__________________
Socialism doesn't create a rising tide that lifts all boats. It drains the lake and teaches the boat riders not to help themselves by rowing.

Jesus loves you, allah wants you dead

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand
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  #238 (permalink)  
Old 2 Weeks Ago
daddio's Avatar
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United_States     Virginia

Re: no same sex marriage in Maine

Quote:
Originally Posted by Jefe View Post
So basically, a town clerk can look you up and down, decide he/she doesn't like the looks of you, and say "sorry, I can't give you a marriage license."? Without any reason?

Somehow I doubt that. Got any proof?

State laws do vary, but this seems very much against our freedoms.

Had an instance in Louisianna recently.

please note that that justice of the peace was not required to change his stance and the the couple had to go to another to get their license.
__________________
Socialism doesn't create a rising tide that lifts all boats. It drains the lake and teaches the boat riders not to help themselves by rowing.

Jesus loves you, allah wants you dead

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand
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  #239 (permalink)  
Old 2 Weeks Ago
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Re: no same sex marriage in Maine

Quote:
Originally Posted by tsquare View Post
Gay marriage has NEVER passed when left to the people...

While in Washington state... they voted in (though barely) 'everything BUT marriage'

Gay people... get used to it.
And it never will.

The truth of the matter is gays are just looking for acceptance and they actually believe if the government accepts gay marriage some how it proves something...
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  #240 (permalink)  
Old 2 Weeks Ago
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Re: no same sex marriage in Maine

Quote:
Originally Posted by Marcus1124 View Post
Lying isn't criminal (except under oath and pursuant to legitimate law enforcement investigative questions), but by and large government laws do not criminalize it, while at the same time public policy doesn't sanction it (in fact there are non-criminal legal penalties for lying in many instances such as libel and slander).

Most people view adultery as immoral, but it is not criminal. However, in many states (if not most), public policy not only refuses to sanction the activity, but attaches negative possible civil penalties to it in divorce.

It is a fallacy to say that just because you recognize a legitimate ability for the state TO legislate on matters of morality that it MUST exercise that power to its fullest extent in all cases.
That's true - as a society, we are hypocrites on a fairly regular basis. Still, you aren't giving any good reason not to let gay couples get married.

Quote:
So, under your reasoning, there would be no "rational basis" for prohibiting two brothers from marrying, since they can't have retarded babies? How about a brother and sister if one of them is sterile?
Hmm... good point. Incest is a victimless crime, so I personally have not problem with it. It's way up there in "ick factor" that's for sure, but for some reason, I just don't give a damn what they do in their bedrooms. I don't understand why others do.
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