Author Topic: Gay Marriage  (Read 11773 times)

Offline Chairboy

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« Reply #225 on: June 28, 2005, 04:19:14 PM »
OT: Because it actually is as bad usual and I'm looking at it through rose colored glasses?  Or because we've cleaned up our act a bit?  Inquiring minds want to know!
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Offline Skuzzy

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« Reply #226 on: June 28, 2005, 04:39:26 PM »
OT:  Consensous here indicates it has improved dramatically.  Much to my surprise, actually.
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Offline Charon

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« Reply #227 on: June 28, 2005, 05:44:02 PM »
I should also point out that Robert P. George (cited by Seagoon) has some fairly extreme views on natural law, and bases those views on some fairly extreme views of secularism. And although George claims that the tenants of his version of “natural law” move beyond religious dogma, he does a poor job of explaining how. Perhaps he does in some of his books. He does seem to be a bit of a cherry picker though (not uncommon with many academics who have an established “position”). For example, he often cites the root of natural law using Aristotle and Plato as examples that predate Christianity, yet he ignores (in what I have read) the fact that Plato was [edit: likely] a homosexual: "Homosexuality," Plato wrote, "governments just as philosophy is regarded as shameful by them, because it is apparently not in the interest of such rulers to have great ideas engendered in their subjects, or powerful friendships or passionate love-all of which homosexuality is particularly apt to produce."

[edit: actually, George participated in a "mock trial" on natural law where this point was debated. The quality of the translations were the sticking point where Plato etc. were concerned. The debated Plato quote in question from Laws: "When male unites with female for procreation the pleasure experienced is held to be natural, but unnatural when male mates with male or female with female…"  And yet the same Plato saw “real love” as being homosexual in nature in his earlier the Symposium, and has a variety of marriage theories and constructs that I doubt George would be quick to embrace. Maybe he’s not too solid of a source for any natural law argument, beyond his role in the history of philosophy :)]

However, George goes into great detail finding the most extreme examples of secular humanism, such as the 18th century philosopher David Hume (and I believe he’s a bit extreme in his use of Hume) to make his points.

Here is George's  view of heterosexual marriage:

Quote
The secularist orthodoxy also rejects the Judeo--Christian understanding of marriage as a bodily, emotional, and spiritual union of one man and one woman, ordered to the generating, nurturing, and educating of children, marked by exclusivity and permanence, and consummated and actualized by acts that are reproductive in type, even if not, in every case, in fact.


Doesn’t sit true with me, as this can very much be the driving force behind a secular marriage, depending upon the individual’s view of spirituality.

Quote
Marriage, for secularists, is a legal convention whose goal is to support a merely emotional union--which may or may not, depending upon the subjective preferences of the partners, be marked by commitments of exclusivity and permanence, which may or may not be open to children depending on whether partners want children, and in which sexual acts of any type mutually agreeable to the partners are perfectly acceptable.


This can also be true, and in no way, IMO, weakens marriage for others. It also points out by implication that marriage withouth wanting to have children is not desirable. And how about that awful: “... in which sexual acts of any type mutually agreeable to the partners are perfectly acceptable.” Here’s some more on that:

Quote
As any type of mutually agreeable consensual sexual act is considered as good as any other, secularist orthodoxy rejects the idea, common not only to Judaism and Christianity but to the world's other great cultures and religious traditions, that marriage is an inherently heterosexual institution. According to secularist orthodoxy, same--sex "marriages" are no less truly marriages than those between partners of opposite sexes who happen to be infertile.


You see, it’s not the gays that are ruining marriage, it’s you and your wife performing oral sex that are weakening marriage and opening the door for the gays. And of course, sex outside of marriage is wrong as well, due to natural law (which ignores how common it has been in nature and even human existence).

Quote
And orthodox secularism, consistent with its view of what marriage is, declines to view marriage as the principle of rectitude in sexual conduct. So orthodox secularists reject as utterly benighted the notion that sex outside of marriage is morally wrong. For them, what distinguishes morally good from bad sex is not whether it is marital, but, rather, whether it is consensual. The consent of the parties involved (or, as in the case of adultery, other parties with a legitimate interest) is the touchstone of sexual morality. So long as there is no coercion or deception involved, orthodox secularism proposes no ground of moral principle for rejecting premarital sex, promiscuity, "open" marriage, etc.


http://www.orthodoxytoday.org/articles/GeorgeClashOrthodoxies.shtml

And here’s what needs to be done, above and beyond same-sex marriage.

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The institution of marriage has been damaged by laws and policies that compromise its integrity and weaken people's capacity to enter into marriage with a proper regard for its norms of permanence, exclusivity, and fidelity. These laws and policies—such as so-called no-fault divorce—reinforce and even encourage essentially anti-marital practices, and provide fertile ground for the flourishing of ideologies that pave the way for worse things.

"Covenant marriage" legislation is a step in the right direction. So is the elimination of laws permitting one spouse to divorce another in the absence of fault without the other spouse's consent. As we work for reform, we must also hold the line against the latest crop of misbegotten ideas, such as the legal recognition of nonmarital sexual cohabitation and the redefinition of marriage to include same-sex partnerships.


http://www.worldmag.com/subscriber/displayarticle.cfm?id=10381

Again, its not just the gays that need to be put in their places for the good of society.

Charon
« Last Edit: June 28, 2005, 06:42:39 PM by Charon »

Offline crowMAW

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« Reply #228 on: June 28, 2005, 06:48:59 PM »
Quote
Originally posted by Seagoon
"Although the Western tradition is not united around a single theoretical account of natural law, its principal architects and leading spokesmen–from Aristotle and Thomas Aquinas to Abraham Lincoln and Martin Luther King–have shared a fundamental belief that humanly created "positive" law is morally good or bad–just or unjust–depending on its conformity to the standards of a "natural" (viz., moral) law that is no mere human creation. The natural law is, thus, a "higher" law, albeit a law that is in principle accessible to human reason and not dependent on (though entirely compatible with and, indeed, illumined by) divine revelation.

Most modern commentators agree that the Founders were firm believers in natural law and sought to craft a constitution that would conform to its requirements, as they understood them, and embody its basic principles for the design of a just political order. The framers of the Constitution sought to create institutions and procedures that would afford respect and protection to those basic rights ("natural rights") which people possess, not as privileges or opportunities granted by the state, but as principles of natural law which it is the moral duty of the state to respect and protect."

[/b]
Charon gave great responses, but I would like to add...

Seagoon, as I posted to you earlier, it seems you assume that your interpretation of the Bible and your flavor of Christianity is the accurate imbodiment of natural law.  Which may or may not be the case.

It seems to me that natural law should be absolute and unchanging.  You have shown that Biblical and Mosaic law have evolved...as has church dogma, even on the subject of same sex marriage (see previous post to you).

But I look at the Constitution as the attempt by the Founders to codify those rights beyond life, liberty and the persuit of happiness.

Interestingly, I do not see in the Bible the right to free speach (in fact usually quite the opposite...see 3rd Commandment for example).  Equally interesting, I do not see in the Consititution the right of parents to kill disrespectful children (which is commanded in both Old and New Testiments).

But I do see in your quote a very important concept.  Government should protect natural rights, even if they are unpopular.  While the pursuit of happiness is not a completely unconstrained right in the US...it does seem that it is only infringed when it is in the best interest of society or where the rights of others would be infringed.  I really cannot see how preventing same sex marriage provides a benefit to society or how it infringes on the rights of others.
Quote
Originally posted by Seagoon
Now, no Founding Father, signatary to the constitution, or supreme court justice ever expressed a belief that marriage could occur or should be allowed between two homosexual persons of the same gender
[/b]
I also do not see anywhere in the Constitution that the Framers excluded the right to same sex marriage either...eventhough homosexuality certainly existed back then. So I'm not sure how this argument is relevant.
« Last Edit: June 28, 2005, 06:51:30 PM by crowMAW »

Offline Holden McGroin

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« Reply #229 on: June 28, 2005, 09:30:24 PM »
Quote
Originally posted by Manedew
Well you can marry the same gender in Vermont ... and I actually don't think we are the only ones.
 


Vermont is "Civil Unions"  Massachusetts is the sole state where gay "Marraige" is ok AFAIK.

Quote
Originally posted by AVRO1  
One of my cousin(s) got a civil union with her girlfriend.  


Are they hot? pictures...
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Offline Nash

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« Reply #230 on: June 28, 2005, 09:38:04 PM »
lol Holden. :)

Quote
Originally posted by Torque
the real hidden agenda behind it all is that religious institutions could be at risk of losing tax-exempt status, academic accreditation and media licenses, and could face charges of violating human-rights codes or hate-speech laws if gay marriage passes.


I've never actually heard this angle spoken of. Has it been responded to?

Offline Chairboy

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« Reply #231 on: June 28, 2005, 09:51:27 PM »
News item: Canada legalizes same sex marriage.  http://www.cbc.ca/story/canada/national/2005/06/28/samesex050628.html
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Offline Nash

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« Reply #232 on: June 28, 2005, 09:58:40 PM »
Quote
Originally posted by Chairboy
News item: Canada legalizes same sex marriage.  http://www.cbc.ca/story/canada/national/2005/06/28/samesex050628.html


What extraordinary timing.

I'll be sure to let y'all know if my world turns into a sea of chaos and looting.

Offline Elfie

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« Reply #233 on: June 28, 2005, 10:33:50 PM »
Quote
Originally posted by Skuzzy
OT:  Consensous here indicates it has improved dramatically.  Much to my surprise, actually.



Ye of little faith! :D
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Offline Seagoon

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« Reply #234 on: June 29, 2005, 12:38:19 AM »
Hi again Nash,

Sorry again about the delay. I'm doing a lousy job keeping up with the posts here. As you've already discovered I'm none to quick generally.

Quote
Originally posted by Nash
The source of these inalienable rights is ultimately inconceivable, but I'm fine with the word "God" just for expediency's sake. I don't believe that they were granted by God, but that they are just natural - a "way." It sounds trite, but I believe that these inalienable rights exist because that's just the way it is. They can no more be granted than I could grant you a square foot section of water in some river.

So to answer your first question, they are not granted... they are experienced.

How are they revealed and received? In my view, they are not so much revealed as discovered. They have always existed and always will, and man simply becomes more aware of them as he ages. I think it's less an accident that on one side of the world you had "Do unto others...." and on the other "Consider others as yourself," than it is evidence of the awareness of this. Certainly both men came to the same conclusion, yet there'd be some dispute as to how they arrived there.

"And how may one discern between truth and error in considering them?" I think our conscience guides us. For the most part, we have an innate sense of right and wrong. Justice and injustice. So we describe certain rights as inalienable, because to deprive us of them would be unconscionable.

So where we mainly differ is the source. You submit that God granted us these rights. I submit that in a strange way, God is these rights. If I choose to accept your belief that these rights are given, then it follows that they can be taken away. God isn't frozen in cryogenic chamber, and we're all aware of how many updates and patches the Bible has been through to get us to Christianity v20.05. First he giveth then he taketh away. Or some might say....

To me it's quite simple. In order to be inalienable they cannot be owned. They cannot be spoken for. They just are.


Again, I don't want to misrepresent you, so tell me if this is a caricature. It seems like you are saying that these inalienable rights and generally some sort of objective natural morals are woven into the fabric of the universe. That there have always been things that are right and wrong because they are. Further these eternal morals are discovered through our subjective feelings.

It seems to me that there are some insurmountable problems with that idea, not the least of which is that it makes morals so subjective as to be only of use to individuals and not societies.

For instance, lets take the current example. Your sense of these universal rights tells you that gay marriage is good, mine tells me that it is bad. We are instantly at an impasse. To what should we appeal to break the deadlock?

Well we could say that the greater the number of "receptors" whose sense we poll on the subject, the closer we come to an accurate reading of the true universal norm. But in this case, here int he United States, the greater number of people "sense" that Gay Marriage is wrong and have expressed this again and again via their votes. This methodology is therefore inevitably going to be unacceptable to proponents of gay marriage who are sure their sense is right.

So what recourse are we left with? To assume that high court judges have a more highly tuned sense of these universal morals than all of us combined and turn to them for an answer?

(Please note that these questions are not rhetorical, I sincerely want to hear what you think.)

But just for food for thought, let me ask you to also consider the Christian theists explanation for the differences and hear your reactions.

The Christian theist, as I said would indeed say that there are fixed universal moral laws (a synopsis of which can be found in the Decalogue), that these moral laws are an expression of the perfect and unchanging character of an all-good God, and that they find their source in him. In Creation they were imprinted on the heart of man, and for a short time man held them aright. But then in rebelling man fell, he transgressed these laws and his moral nature was itself corrupted.

Now man's conscience sometimes has glimmers of that true moral law, but the rebellion of the fallen human heart leads him more often to desire to do what is right in his own eyes. Therefore he now tends to call what God says is evil, good, and what God says is good, evil. Often he even denies that there is any way to distinguish at all and that everything is gray in an attempt to free himself from all responsibility, the old "What is truth?" of Pilate.

This state of affairs is reflected at several places in scripture, the statement of Eccles 7:29 that "Truly, this only I have found: That God made man upright, But they have sought out many schemes" for instance, but it is nowhere more clearly expressed than by Paul in Romans 1:18-32

Certainly that would explain the current state of affairs and even our current progress in legislation, wouldn't it? What objections can you see to the possibility that what Paul wrote is simply true?

- SEAGOON

PS: I disagree with the assessment that the bible has been updated or patched, but I'm out of time and don't have the energy required for a defense of what Theologians call "Progressive Revelation" or the Tripartite division of the Law, but if someone wants to prod me with a stick on it later on, I might be able to muster something.

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Offline Nash

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« Reply #235 on: June 29, 2005, 02:00:26 AM »
Heya Seagoon,

I hope you don't mind me doing the cut-up quote thing, but there's so much to answer to that it'd be pretty hard to navigate otherwise.

Quote
Originally posted by Seagoon
Hi again Nash,

Again, I don't want to misrepresent you, so tell me if this is a caricature. It seems like you are saying that these inalienable rights and generally some sort of objective natural morals are woven into the fabric of the universe. That there have always been things that are right and wrong because they are. Further these eternal morals are discovered through our subjective feelings.


Exactly.

I don't know if "subjective feelings" would be the words I'd use, but other than that, yeah. Absolutely.

Quote

It seems to me that there are some insurmountable problems with that idea, not the least of which is that it makes morals so subjective as to be only of use to individuals and not societies.


Well, we know full and well what "subjective" means.... and it would seem to apply here. But that's a limitation of our language, and not representative of what it hints at with regard to this.

Listen.....

I know why those words are being used. They infer "man-made"... perception... not neccessarily real...."it's just one guy sayin'." Subjective.

And here comes the Bible... to tell some of y'all: "No wait a second! It aint subjective! It's right here in print! Black and white!"

So now you get to say "See? objective."

Unh-uh. No way.

Quote

For instance, lets take the current example. Your sense of these universal rights tells you that gay marriage is good, mine tells me that it is bad. We are instantly at an impasse. To what should we appeal to break the deadlock?


See that's the problem, and I feel like a 12 year-old trying to explain something like this to someone of your stature. You are telling me that your sense of "universal rights" tells you that gay marriage is bad. I just don't accept that that could possibly be your sense. It is derived from something, but that something is not your sense.

Because it is not remotely at odds with the universal truths yer talking about.

Love is love. Fer Chrissakes.

If you want to really know universal truths, step away from the books. Go out into the courtyard. Inhale, exhale. Stop looking. Start accepting.


Quote
Well we could say that the greater the number of "receptors" whose sense we poll on the subject, the closer we come to an accurate reading of the true universal norm. But in this case, here int he United States, the greater number of people "sense" that Gay Marriage is wrong and have expressed this again and again via their votes. This methodology is therefore inevitably going to be unacceptable to proponents of gay marriage who are sure their sense is right.


No. It doesn't work that way. Are you trying to tell me that universal truth is at the mercy of the majority of public opinion? We've got a major disagreement here.

Quote
So what recourse are we left with? To assume that high court judges have a more highly tuned sense of these universal morals than all of us combined and turn to them for an answer?


Good question. I'm not at all sure that they get it. And I'm not at all sure that that is a bad thing.

Quote
(Please note that these questions are not rhetorical, I sincerely want to hear what you think.)

But just for food for thought, let me ask you to also consider the Christian theists explanation for the differences and hear your reactions.

The Christian theist, as I said would indeed say that there are fixed universal moral laws (a synopsis of which can be found in the Decalogue), that these moral laws are an expression of the perfect and unchanging character of an all-good God, and that they find their source in him. In Creation they were imprinted on the heart of man, and for a short time man held them aright. But then in rebelling man fell, he transgressed these laws and his moral nature was itself corrupted.

Now man's conscience sometimes has glimmers of that true moral law, but the rebellion of the fallen human heart leads him more often to desire to do what is right in his own eyes. Therefore he now tends to call what God says is evil, good, and what God says is good, evil. Often he even denies that there is any way to distinguish at all and that everything is gray in an attempt to free himself from all responsibility, the old "What is truth?" of Pilate.

This state of affairs is reflected at several places in scripture, the statement of Eccles 7:29 that "Truly, this only I have found: That God made man upright, But they have sought out many schemes" for instance, but it is nowhere more clearly expressed than by Paul in Romans 1:18-32

Certainly that would explain the current state of affairs and even our current progress in legislation, wouldn't it? What objections can you see to the possibility that what Paul wrote is simply true?


No no... no... No.

It is remarkable, now, having gone through a hell I would wish upon no one.... how much of a chord that strikes. How eerily simular. You might not be able to see it from here, but from my vantage point it's like, my god, that's lame.

It is taking man's fallibility and his want for restoration and wrapping it all up in a neat package of salvation. Indeed it connects many (by far not all) dots for those unwilling or unable to look beyond it.

This, Seagoon, is offensive:

Quote
Often he even denies that there is any way to distinguish at all and that everything is gray in an attempt to free himself from all responsibility, the old "What is truth?" of Pilate.
.

I'm not shirking responsibility in order that I deny truth. I'm actively seeking it. I know I will never find it. I'm okay with that. I just simply discard your automatic "here it is" version of it and don't really appreciate yer basically sayin' that I'm a putz on account of it.
« Last Edit: June 29, 2005, 02:07:17 AM by Nash »

Offline Holden McGroin

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« Reply #236 on: June 29, 2005, 02:56:12 AM »
Nash,

I think "universal truth" when it comes to morals is by and large societal consensus.

Stealing is considered wrong.  But fundamentally why is it  wrong?  Because it is taking something that belongs to someone else.  But the notion of "belong" is a societal consensus.  

Many Native American tribes had no notion of land ownership so one could not steal land from another individual.  Native peoples around the world had similar societal beliefs. Austrailian aborigini tribal belief was that the people belonged to the land, not the other way around.  One of my favorite movies "The Gods Must be Crazy" was based on a coke bottle screwing up a tribal belief structure because the tribe had no notion of ownership and suddenly members started fighting over ownership of the bottle.

What is wrong is based on what the majority of the society thinks it is.  Gay Marriage is a divisive issue because it is not a 5 - 95 split, it is closer to 50 - 50.
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Offline Nash

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« Reply #237 on: June 29, 2005, 03:15:00 AM »
Ha  - great movie.

Holden - it's a chicken and egg.

Is "universal truth" a construct of man? Are laws resembling them just arbitrary? Out of the blue? And because the words sounded good together?

Or is it the basis upon which laws were made in the first place?

I think the latter....

But I aint a big fan of this one force called "Christianity" actin' all cool... smirkin'.... sayin' "Universal Law?"... Yup, that's us. We did that.

As if.
« Last Edit: June 29, 2005, 03:20:51 AM by Nash »

Offline Holden McGroin

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« Reply #238 on: June 29, 2005, 03:50:34 AM »
IMO, the only universal truth's not guided by societal consensus are the physical laws of the universe.  E=MC2 works whether we believe it does or not.

But whether something is good or bad is only good or bad if we believe it to be so, and if that good / bad choice is shared by the majority of the society, it becomes a more or a taboo or a law.
« Last Edit: June 29, 2005, 04:03:10 AM by Holden McGroin »
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Offline Silat

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« Reply #239 on: June 29, 2005, 05:03:01 AM »
Quote
Originally posted by Seagoon
Chairboy,

It's actually the other way round.

If the USA had been established by modern secular humanists who denied the existence of absolutes and had created state and federal laws legalizing Homosexual marriages and I was attempting to overturn those laws via religious arguments, your statement would hold true.

However, the USA was actually established by men who believed in natural laws that devolved from their Creator, and who based their own legislation on them. They and those who followed them accordingly crafted laws outlawing not only homosexual marriage, but the practice of homosexual sex.

Those laws, starting in the 20th century have been progressively struck down.

What we are discussing is the continuing attempt to entirely decriminalize everything to do with sexual practices once regarded to be perverse and unlawful in the USA. Specifically, we are discussing the wisdom of creating a new right allowing homosexuals to marry persons of their own gender, i.e. Gay Marriage.

All I'm asking is that we simply acknowledge where the change is coming from, this is manifestly not a case of radical Christians trying to criminalize something long allowed in the USA.

- SEAGOON


First off lets remember where are system of laws really comes from. It wasnt the bible.

The reason that Christian fundamentalists believe that the Bible is the basis of our legal system is that is what they have always heard from their pulpits and they refuse to look it up for themselves.  

If they would look it up, they would find that our Constitution and our tri-partite system of government is based on the legal philosophy of the French aristocrat, the Baron de Montesquieu (as interpreted by James Madison), and on English Common law going back to the Magna Carta.
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