The Gay Marriage Debate (Moved)

illram

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This thread started in the Chamber and devolved into normal bickering, but I thought some of the points raised merited more discussion. So here is the OP:

I realize this is probably the millionth thread on the subject, but here is an excellent debate on gay marriage: http://www.debate.org/debates/Same-Sex-Marriage-Should-Be-Legal-in-the-United-States/2/

Here is part of it: "What are the state's interests in recognizing a purely romantic and emotional relationship. Indeed, it seems queer given this understanding that the state would concern itself with regulating how human relationships are structured. "Why does the state not set terms for our ordinary friendships? Why does it not create civil causes of action for neglecting or even betraying our friends? Why are there no civil ceremonies for forming friendships or legal obstacles to ending them?"

The answer: "It is simply because ordinary friendships do not affect the political common good in structured ways that justify or warrant legal regulation." The same is true of marriage if understood as a purely romantic relationship. It does not make sense of why the state is in the marriage business to begin with. It is therefore inadequate as a definition of marriage. Yes, marriage is a fundamental right, but why does the state regard it as a fundamental right? The Supreme Court, ruling against eugenics laws in Skinner v. Oklahoma, provided us with some excellent insight when it said that "[m]arriage and procreation are fundamental to the very existence and survival of the [human] race."

In other words, marriage is a fundamental right because "only societies that reproduce survive." The procreative act, therefore, is at the heart of what marriage is. This fits in with how the traditionalist defines marriage -- as a union between one man and one woman. It is only when it is understood this way does the state's role in marriage make sense. The state, therefore, has a compelling reason to recognize as marriages only those relationships which are procreative in type. This is precisely why the state subsidizes heterosexual marriages with certain legal and economic benefits. Because homosexual marriages are non-procreative in principle, they do not count as marriages to begin with. Hence they are not being denied marriage rights or due process simply because their relationship doesn't count as a marriage."

Before you post in this thread, allow me to quote the rules for the section of the forums: "This forum is for mature, civil discussions. It is for people who are genuinely interested in free exchange of ideas, with an open mind. It is not for people who want to troll, make oh-so-witty one-liners or to derail decent discussion. It is not for chatting about the weather or the random-rants type threads. It will be moderated quite tightly. No trolling. No name-calling. No insults. No ad-hominem attacks. Debate in a mature manner."

Discuss.

I posted something after closure in an X-post with Truronian, who (rightly) closed the thread. Thought it was unseemly to post something no one could respond to after closure so here is my response to the always thought provoking call of the question, "discuss:" (all references to posts and posters are in previous linked thread)

Studies such as the one cited by Mech654 show that same sex parents raise healthy well-adjusted children just as well as straight parents. Courts analyzing state laws banning gay couples from adopting children--such as Florida--have looked at these studies and considered the state's (flimsy) arguments to the contrary and found that by and large there is no legitimate public policy reason to ban gays from having children.

Besides, if the argument is "well we need kids to have a mom and a dad" are we going to ban single parent households? Are we going to ban divorce? Are we going to ban marriages that do not result in any children, as Cutlass asked? Of course not. Why are these obvious counterpoints consistently ignored? Because the gay marriage debate is fundamentally a religious/socially-conservative battle founded on outmoded ideals that, in our modern world, are instantly recognized as backwards unless shrouded in a more secular policy debate, like the attempt of the OP. Of course these so-called policy arguments are ultimately found to be frivolous if actually examined, such as in the Courts. The arguments raised in the OP are the same recycled and rehashed social conservative talking points found in so many group chain emails, "studies" by conservative thinktanks, and trial briefs of socially conservative non-profits that push the conservative social agenda in the court system. These arguments are not only scientifically unsound, they are becoming culturally outdated and desperately trying to seek relevance in a world that no longer needs them.

As to the nuclear family and why the government encouraged it so heavily in the 1950's, here are my thoughts. These are my own, I did not get these from a google article or a blog, so don't ask me for sources.

The Nuclear family drove material consumption in its heyday from the 1940's through the 1970's. This is why it is "subsidized," i.e., encouraged through tax incentives. Nuclear families, as opposed to extended families, bought their own homes, bought their own refrigerators, bought their own TVs, bought their own cars, and so on and so forth. As opposed to the extended family, which encouraged more community oriented sharing of goods, since the whole family lived together or relatively close together and shared resources. Sharing resources means you are buying less crap which means society as a whole is not consuming as many goods, which is bad (if you believe that the engine of our capitalist world requires high rates of artificially encouraged consumption.) If you are a real hardcore American Patriot, you could probably create some tangential relation between extended families and communism.

Of course, the nuclear family of the 1950s is on the decline, but this is not due to same sex marriage. There are more single parent households and childless households than ever before. This is not necessarily bad from the consumerist standpoint either; the main need there is simply smaller and smaller living units that need to buy their own stuff (and now with a modern flavor: health insurance!). Same sex marriage, or a same sex household, perfectly fits the paradigm of breaking society up into smaller units that individually need to purchase more "stuff" for themselves. There is no reason to not provide the same tax incentives to a same sex household as any other, other than outmoded socially conservative ideals.

TL;DR: So really, same sex marriage is good for the economy, and if you're against it you're against jobs and prosperity! USA #1!
 
This thread started in the Tavern and devolved into normal bickering, but I thought some of the points raised merited more discussion. So here is the OP:



I posted something after closure in an X-post with Truronian, who (rightly) closed the thread. Thought it was unseemly to post something no one could respond to after closure so here is my response to the always thought provoking call of the question, "discuss:" (all references to posts and posters are in previous linked thread)

Studies such as the one cited by Mech654 show that same sex parents raise healthy well-adjusted children just as well as straight parents. Courts analyzing state laws banning gay couples from adopting children--such as Florida--have looked at these studies and considered the state's (flimsy) arguments to the contrary and found that by and large there is no legitimate public policy reason to ban gays from having children.

Besides, if the argument is "well we need kids to have a mom and a dad" are we going to ban single parent households? Are we going to ban divorce? Are we going to ban marriages that do not result in any children, as Cutlass asked? Of course not. Why are these obvious counterpoints consistently ignored? Because the gay marriage debate is fundamentally a religious/socially-conservative battle founded on outmoded ideals that, in our modern world, are instantly recognized as backwards unless shrouded in a more secular policy debate, like the attempt of the OP. Of course these so-called policy arguments are ultimately found to be frivolous if actually examined, such as in the Courts. The arguments raised in the OP are the same recycled and rehashed social conservative talking points found in so many group chain emails, "studies" by conservative thinktanks, and trial briefs of socially conservative non-profits that push the conservative social agenda in the court system. These arguments are not only scientifically unsound, they are becoming culturally outdated and desperately trying to seek relevance in a world that no longer needs them.

As to the nuclear family and why the government encouraged it so heavily in the 1950's, here are my thoughts. These are my own, I did not get these from a google article or a blog, so don't ask me for sources.

The Nuclear family drove material consumption in its heyday from the 1940's through the 1970's. This is why it is "subsidized," i.e., encouraged through tax incentives. Nuclear families, as opposed to extended families, bought their own homes, bought their own refrigerators, bought their own TVs, bought their own cars, and so on and so forth. As opposed to the extended family, which encouraged more community oriented sharing of goods, since the whole family lived together or relatively close together and shared resources. Sharing resources means you are buying less crap which means society as a whole is not consuming as many goods, which is bad (if you believe that the engine of our capitalist world requires high rates of artificially encouraged consumption.) If you are a real hardcore American Patriot, you could probably create some tangential relation between extended families and communism.

Of course, the nuclear family of the 1950s is on the decline, but this is not due to same sex marriage. There are more single parent households and childless households than ever before. This is not necessarily bad from the consumerist standpoint either; the main need there is simply smaller and smaller living units that need to buy their own stuff (and now with a modern flavor: health insurance!). Same sex marriage, or a same sex household, perfectly fits the paradigm of breaking society up into smaller units that individually need to purchase more "stuff" for themselves. There is no reason to not provide the same tax incentives to a same sex household as any other, other than outmoded socially conservative ideals.

TL;DR: So really, same sex marriage is good for the economy, and if you're against it you're against jobs and prosperity! USA #1!

1. I had no wish for this thread to continue.

2. You obviously did not read any of my later arguments at all.
 
Is this about the topic in general or Obama's sudden jump on it to his platform?
 
1. I had no wish for this thread to continue.

2. You obviously did not read any of my later arguments at all.

It's not your thread, it's mine now. :) I didn't see much of anything substantive, just "they rebutted this in that article" or "here is a list of links."

If you have a substantive response, I am all ears.
 
Mouthwash said:
The state, therefore, has a compelling reason to recognize as marriages only those relationships which are procreative in type.

Well it's been said thousands of times before, but as this seems to be the crux of the argument, I'll say it again now: the state recognizes many more marriages than those that are procreative in nature. The state does not stop to ask if the couple intends to have children. They do not check if one of the partners is infertile, or post-menopausal.

If the state's motivation is to incentivize procreation, there are many other (probably better) ways to do it. First, there's simple tax deductions for having children (which is already the case in many [most?] countries). The state could offer discounted child services, such as child-care and education, and increase parental leave benefits. The state can also take steps to make birth control and/or abortions harder to procure, though that's something of a terrible idea.


The former.

I myself support gay marriage on liberty grounds.

Also, as I was scrolling through this thread, Warcraft II music started playing. That combined with your avatar scrambled my brain for a good couple seconds.
 
....and devolved into normal bickering.....

I think the Tavern was the venue for that kind of thing to occur. If your're desirous of more meaningful discussion perhaps you should move it to 'The Chamber'?

Just a suggestion.

EDIT: Gah, my bad. I see what you did there. Heave ho and all that. :lol:
 
This thread started in the Chamber and devolved into normal bickering, but I thought some of the points raised merited more discussion. So here is the OP:



I posted something after closure in an X-post with Truronian, who (rightly) closed the thread. Thought it was unseemly to post something no one could respond to after closure so here is my response to the always thought provoking call of the question, "discuss:" (all references to posts and posters are in previous linked thread)

Studies such as the one cited by Mech654 show that same sex parents raise healthy well-adjusted children just as well as straight parents. Courts analyzing state laws banning gay couples from adopting children--such as Florida--have looked at these studies and considered the state's (flimsy) arguments to the contrary and found that by and large there is no legitimate public policy reason to ban gays from having children.

Besides, if the argument is "well we need kids to have a mom and a dad" are we going to ban single parent households? Are we going to ban divorce? Are we going to ban marriages that do not result in any children, as Cutlass asked? Of course not. Why are these obvious counterpoints consistently ignored? Because the gay marriage debate is fundamentally a religious/socially-conservative battle founded on outmoded ideals that, in our modern world, are instantly recognized as backwards unless shrouded in a more secular policy debate, like the attempt of the OP. Of course these so-called policy arguments are ultimately found to be frivolous if actually examined, such as in the Courts. The arguments raised in the OP are the same recycled and rehashed social conservative talking points found in so many group chain emails, "studies" by conservative thinktanks, and trial briefs of socially conservative non-profits that push the conservative social agenda in the court system. These arguments are not only scientifically unsound, they are becoming culturally outdated and desperately trying to seek relevance in a world that no longer needs them.

As to the nuclear family and why the government encouraged it so heavily in the 1950's, here are my thoughts. These are my own, I did not get these from a google article or a blog, so don't ask me for sources.

The Nuclear family drove material consumption in its heyday from the 1940's through the 1970's. This is why it is "subsidized," i.e., encouraged through tax incentives. Nuclear families, as opposed to extended families, bought their own homes, bought their own refrigerators, bought their own TVs, bought their own cars, and so on and so forth. As opposed to the extended family, which encouraged more community oriented sharing of goods, since the whole family lived together or relatively close together and shared resources. Sharing resources means you are buying less crap which means society as a whole is not consuming as many goods, which is bad (if you believe that the engine of our capitalist world requires high rates of artificially encouraged consumption.) If you are a real hardcore American Patriot, you could probably create some tangential relation between extended families and communism.

Of course, the nuclear family of the 1950s is on the decline, but this is not due to same sex marriage. There are more single parent households and childless households than ever before. This is not necessarily bad from the consumerist standpoint either; the main need there is simply smaller and smaller living units that need to buy their own stuff (and now with a modern flavor: health insurance!). Same sex marriage, or a same sex household, perfectly fits the paradigm of breaking society up into smaller units that individually need to purchase more "stuff" for themselves. There is no reason to not provide the same tax incentives to a same sex household as any other, other than outmoded socially conservative ideals.

TL;DR: So really, same sex marriage is good for the economy, and if you're against it you're against jobs and prosperity! USA #1!

This is a ridiculous argument; gay marriage is a social issue first.

Imagine if we only looked at the economic side of slavery.
 
You totally ignored the rest of his post.

By the way, I'm still interested in the "they courts shouldn't investigate that" part of your posts in the previous thread. What were you even talking about? Courts now don't investigate the procreational capabilities of couples that want to marry, too. Why? Because it nowhere says that procreational capability or desire (how can a court even investigate that?) is necessary to marry. All that's necessary is that one partner is male and the other female, and you don't need an investigation to find that out.

So nobody was really arguing that the courts should investigate anything, yet you kept responding that they shouldn't. :confused:
 
Well, some people think that courts should investigate the content of my pants before they allow me to marry my partner.
 
This is a ridiculous argument; gay marriage is a social issue first.

Imagine if we only looked at the economic side of slavery.


And as a social issue, the government has no stake in banning gay marriage. It does not serve any social function to do so.
 
Come on people, let's be honest here - banning gay marriage serves absolutely no purpose other than to make conservative Christians happy.
 
Its all about pushing an agenda.
http://newsweekly.com.au/article.php?id=5191
Australian Lawyers for Human Rights: “Religious exemptions should only apply to the core functions and beliefs of religious institutions....”

Legal Aid Queensland “… argues for the removal of those (i.e., religious) exemptions”.

Legal Aid NSW “… does not support the retention of any exemption on religious grounds”.

Public Interest Law Clearing House (Vic) Inc: “The Consolidated Law should include no exemptions for religious organisations in relation to the protected attributes of sexual orientation and gender identity.”

Discrimination Law Experts Group: “We recommend that the religious exceptions be repealed.”

ANU College of Law “Equality Project”. It “rejects permanent exemptions on religions grounds for institutions or individuals”.

Human Rights Law Centre: “These exemptions are manifestly inappropriate and inconsistent with Australia’s human rights obligations and international best-practice.”

The South Australia Equal Opportunity Commission: “Any religious exemption should be strictly restricted to the inherent requirements of the religious belief or activities rather than apply more broadly to employment-related conduct.”

The Law Institute of Victoria: “religious exceptions … should be precise, public, and subject to sunset provisions....”

South Australian Bar Association: “If exemptions are retained, then they should not ... be available where functions are being carried out by an organisation pursuant to a Commonwealth government contract or for activities conducted using public funds.”

Australian Council of Human Rights Agencies: “There should be no religious exemptions where:

“(a) The institution is carrying out functions contracted by government in relation to the employment; or where

“(b) The institution is accessing public funds to fund the employment.”

HIV/AIDS Legal Centre: “Remove entirely any religious exemption to discrimination on the grounds of sexual orientation or gender identity.”

Public Interest Advocacy Centre: “There should be no permanent exemptions for religious organisations in respect of any protected attributes.” However, if there are exemptions, they should be limited to “the ordination, appointment, training or education of priests, ministers of religion or members of any religious orders” and to institutions involved in the “employment of staff in the provision of religious education and training”.

The National Association of Community Legal Centres: “The consolidation bill should not provide for religious exemptions in relation to the protected attributes of sexual orientation or gender identity.” However, if there are exemptions, they “should not be applicable to organisations or services in receipt of public funding”.

Young Workers’ Legal Service [SA unions]: “… religious institutions would be required to ‘opt-in’ for exemption under federal anti-discrimination laws”.

Australian Lesbian Health Coalition: “There should exist no blanket exceptions or exemptions for religious bodies.”

National LGBTI Health Alliance: “Religious bodies should not be granted exemptions from anti-discrimination legislation for their activities in the provision of services, such as aged care, health services and education.”

The Diversity Council of Australia “… does not support general exemptions for religious bodies for any acts and practices”.

Lesbian and Gay Solidarity (Melbourne) says that the federal government must “withdraw its religious exemptions from all its anti-discrimination laws”.

Equality Rights Alliance: “… exceptions for religious organisation … should not be included in the consolidated Act.”

Australian Federation of AIDS Organisations (AFAO) says there should “be no religious exemptions in the new consolidated anti-discrimination law”.

ACT Human Rights Commission: It looked favourably on exemptions, but argued that “it is essential that any remaining stand-alone exceptions are reviewed regularly and rigorously to determine whether they should be retained, amended or repealed...”.

The Coalition of Activist Lesbians Australia Inc. recommended “the complete removal of exemptions for religious organisations with regards to sexual orientation”.

Tasmanian Gay and Lesbian Rights Group said that it “does not support any legislative exemptions or exceptions that are specific to sexual orientation of gender identity and presentation”.

Liberty Victoria, Victorian Council for Civil Liberties Inc. said that religious bodies and educational institutions should be required to have a “licence to discriminate, time-limited but renewable, conditional on … specific ‘doctrines, tenets, beliefs or teachings’ (that) necessitate it”.

The Equal Rights Trust, UK, said that Australia’s new consolidated act “should expressly recognise that direct discrimination may be permitted only very exceptionally, and only when it can be justified against strictly defined criteria”.

Victorian Gay and Lesbian Rights Lobby said that it “opposes any exemption granted to religious bodies that would permit discrimination on the basis of sexual orientation or gender identity”.

Women’s Electoral Lobby Australia said: “Legislation should remove automatic exceptions for religious and other bodies from all anti-discrimination legislation, and that if any exceptions are made that they be limited to a two-year period, with no automatic extension of exemptions.”

Gay and Lesbian Rights Lobby, Embracing Equality: “Excluding special measures, there should be no religious exemptions or exceptions to Commonwealth anti-discrimination laws.”

The Australian Sex Party: “The Consolidated Act should not include religious exceptions that apply to discrimination on the grounds of sexual orientation or gender identity.... If the Act does include religious exceptions, they should apply only to the ordination or appointment of priests, ministers of religion or members of a religious order.”

ACON (formerly known as the AIDS Council of NSW) said:

“That no exemptions to the consolidated anti-discrimination legislation are available for any organisation receiving government funding when performing those government functions.

“That if exemptions do exist they should be narrow, temporary and made public by organisations utilising them, including when advertising for jobs or the provision of services.”

It's all about my way or else. No dissent is allowed on the subject and we are willing to push laws forcing our views on everyone.
 
Well, some people think that courts should investigate the content of my pants before they allow me to marry my partner.
But that's neither the current situation nor what the supporters of gay marriage propose, so why is this part of the discussion?

It's all about my way or else.
From the conservative and Christian right.

No dissent is allowed on the subject
It's the gay rights movement which is dissenting from the conservative and Christian establishment, and you're right, they're doing everything to suppress it.

and we are willing to push laws forcing our views on everyone.
Which is what the conservative and Christian right is doing.
 
But I'm not convinced that laws can actually push views. Laws basically stop ya doing stuff. I would prefer a legal system that errs on the side of letting me do stuff, not stopping me. A good starting point for making something unlawful is "If we let people do this, are there also losers as a consequence?"

I just don't see how allowing SSM has a segment of society that would suffer as a result.
 
But I'm not convinced that laws can actually push views. Laws basically stop ya doing stuff. I would prefer a legal system that errs on the side of letting me do stuff, not stopping me. A good starting point for making something unlawful is "If we let people do this, are there also losers as a consequence?"

I just don't see how allowing SSM has a segment of society that would suffer as a result.
By not allowing discrimination you're oppressing hateful bigots.

Please, think of the hateful bigots.
 
It's all about my way or else. No dissent is allowed on the subject and we are willing to push laws forcing our views on everyone.

You and irony are well acquainted.
 
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