Author Topic: Gay Marriage  (Read 11765 times)

Offline Martlet

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« Reply #420 on: July 06, 2005, 11:30:33 AM »
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Originally posted by Chairboy
You're wrong about the 'mere social taboo', didn't you see the bit in my post about Antimiscegenation laws?


I did, yet I didn't see any sources to back it up.  Regardless, I explained why in my previous post.

Offline Martlet

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« Reply #421 on: July 06, 2005, 11:34:54 AM »
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Loving v. Virginia

Richard and Mildred Loving were married in 1958 in Washington D.C. because their home state of Virginia still upheld the antimiscegenation law which stated that interracial marriages were illegal. They were married, then lived together in Caroline County, Virginia. In 1959 they were prosecuted and convicted of violating the states's antimiscegenation law. They were each sentenced one year in jail, but promised the sentence would be suspended if they agreed to leave the state and not return for 25 years. Forced to move, they returned to Washington D.C. where, in 1963, they initiated a suit challenging the constitutionality of the antimiscegenation law. In March of 1966, the Virginia Supreme Court of Appeals upheld the law, but in June of 1967, the U.S. Supreme Court unanimously ruled the law unconstitutional. Thus, in 1967 the 16 states which still had antimiscegenation laws on their books were forced to erase them.

Offline Chairboy

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« Reply #422 on: July 06, 2005, 11:46:17 AM »
As you can see, it was quite a bit different from being merely a 'social taboo', it was also quite against the law, the same way same sex marriages are.

I didn't provide sources, as I thought you knew what antimiscegenation laws were.  Thanks to Google, of course, a definition wasn't more then a click away.  :D

As you can see, there are many parallels between the legal battles decades ago of those who disagreed on the subject of interracial marriage and today's political discussion regarding same sex marriage.

I bet there are some people who feel pretty silly about supporting those laws back then.
"When fascism comes to America it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

Offline Martlet

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« Reply #423 on: July 06, 2005, 11:51:59 AM »
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Originally posted by Chairboy
As you can see, it was quite a bit different from being merely a 'social taboo', it was also quite against the law, the same way same sex marriages are.

I didn't provide sources, as I thought you knew what antimiscegenation laws were.  Thanks to Google, of course, a definition wasn't more then a click away.  :D

As you can see, there are many parallels between the legal battles decades ago of those who disagreed on the subject of interracial marriage and today's political discussion regarding same sex marriage.

I bet there are some people who feel pretty silly about supporting those laws back then.


Again, there are no parallels.  You're putting forth a straw man argument.  In one case, laws were ruled unconstitutional.  In another, the words used in existing laws were redefined.  If the cases were to be similar, then the existing marriage laws would have had to have been ruled unconstitutional and tossed out, all marriages on hold until new laws could be written.

Completely different scenarios, no matter how hard the pro-ssm tries to draw parallels.

Offline Chairboy

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« Reply #424 on: July 06, 2005, 11:58:12 AM »
The thing is...  gay marriages HAVE been put on hold in a number of states while this is worked out.  Multnomah county, San Francisco, and so on.

The harder you squeeze, the more veracity slips through your fingers, to paraphrase the sparky Princess Leia.

If we had referees, I think the 'cognitive dissonance' flag would have been thrown out onto the field by now.
"When fascism comes to America it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

Offline Skydancer

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« Reply #425 on: July 06, 2005, 12:05:17 PM »
Blimey this one still running? Just let em do what they want as long as it doesn't involve me!

Offline Martlet

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« Reply #426 on: July 06, 2005, 12:25:09 PM »
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Originally posted by Chairboy
The thing is...  gay marriages HAVE been put on hold in a number of states while this is worked out.  Multnomah county, San Francisco, and so on.

The harder you squeeze, the more veracity slips through your fingers, to paraphrase the sparky Princess Leia.

If we had referees, I think the 'cognitive dissonance' flag would have been thrown out onto the field by now.


I said "existing marriage laws".  I said nothing about SSM.  See, that's how our system is supposed to work.

If current marriage laws are deemed to be unConstitutional by the Court, then the court tosses them out.  Then we go back to the books and write NEW marriage laws that the Court agrees coincides with the spirit of the Constitution, OR, we go back and amend the Constitution.  One route is easy, the other is intentionally made hard.

That isn't what happened, though.  Some individuals decided they didn't like the laws so didn't have to obey them.  Some judges decided to change the meaning and intent of existing laws.  The pro-ssm crowd has no problem with this flagrant violation of our system because it suits their agenda.  The vast majority of Americans do, though, as is evident by the relaliation.

Offline Chairboy

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« Reply #427 on: July 06, 2005, 12:32:28 PM »
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Originally posted by Martlet
That isn't what happened, though.  Some individuals decided they didn't like the laws so didn't have to obey them.  Some judges decided to change the meaning and intent of existing laws.  The pro-ssm crowd has no problem with this flagrant violation of our system because it suits their agenda.  
Technically, that's exactly what happened with Loving v. Virginia regarding interracial marriage.  Do you have the same problem with the laws that were struck down as a result of that court case?  If so, man up to it so we're on a level playing field.  If not, then your point can be condensed down to 'because I don't like it'.

I'm starting to wonder if you're really just missing the connection, or if you're deliberately maneuvering around it because it hurts your case.  I'd like to assume the best about your intentions, but it's getting awful tricky considering your recent responses.
"When fascism comes to America it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

Offline Martlet

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« Reply #428 on: July 06, 2005, 12:37:34 PM »
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Originally posted by Chairboy
Technically, that's exactly what happened with Loving v. Virginia regarding interracial marriage.

I'm starting to wonder if you're really just missing the connection, or if you're deliberately maneuvering around it because it hurts your case.  I'd like to assume the best about your intentions, but it's getting awful tricky considering your recent responses.


No, that isn't what happened with Loving v. Virginia.  In fact, the exact opposite happened.  In that case, the system worked as it was designed.  They got married legally outside Virginia.  They returned to Virginia, were convicted and sentenced.  They filed a motion declaring the law unConstitutional, but the VaSC upheld the law.  The USSC declared it unConstitutional, which resulted in every state that had similar laws in place being forced to repeal them.

No disrespect intended, but you really should read a little before you present your argument.

Like I said:  It's a straw man.

Offline Chairboy

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« Reply #429 on: July 06, 2005, 12:55:13 PM »
I think we're going to have to 'agree to disagree', as frustrating as that is, especially considering the nature of the disagreement.

It's obvious that we see different things when looking at the facts, and I guess that's just one of those great things about our country.  I'm not going to drop to your level regarding the 'you really should read a little' crack, but I am a bit disappointed.  That doesn't change the nature of our disagreement, of course, or the argument.

I guess we'll just have to see what happens in legislature.  I hope that justice is done.  If that means allowing same sex marriage, then great.  If justice means something else, then color me startled.
"When fascism comes to America it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

Offline Martlet

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« Reply #430 on: July 06, 2005, 12:57:57 PM »
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Originally posted by Chairboy
I think we're going to have to 'agree to disagree', as frustrating as that is, especially considering the nature of the disagreement.

It's obvious that we see different things when looking at the facts, and I guess that's just one of those great things about our country.  I'm not going to drop to your level regarding the 'you really should read a little' crack, but I am a bit disappointed.  That doesn't change the nature of our disagreement, of course, or the argument.

I guess we'll just have to see what happens in legislature.  I hope that justice is done.  If that means allowing same sex marriage, then great.  If justice means something else, then color me startled.


Well, you've been "colored startled" in every single state an Amendment has gone to the voters, then.

The facts are the facts.

Offline Chairboy

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« Reply #431 on: July 06, 2005, 01:08:31 PM »
Common misunderstanding: I said "I hope justice is done" not "I hope the vote goes in my favor".  I'm not certain that justice has been done, but time will tell.  Maybe, 50 years from now, I'll be shaking my head and saying 'wow, in the light of history, I guess you were right', but I sure don't agree with that now.

Let's wait and see.
"When fascism comes to America it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

Offline Martlet

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« Reply #432 on: July 06, 2005, 01:15:59 PM »
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Originally posted by Chairboy
Common misunderstanding: I said "I hope justice is done" not "I hope the vote goes in my favor".  I'm not certain that justice has been done, but time will tell.  Maybe, 50 years from now, I'll be shaking my head and saying 'wow, in the light of history, I guess you were right', but I sure don't agree with that now.

Let's wait and see.


Justice certainly isn't done when the means is judicial activism.

Offline Seagoon

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« Reply #433 on: July 06, 2005, 03:18:18 PM »
Hi Crow,

I have to admit that probably like many posters here, I'm beginning to burn out on this thread. I don't know about others, but the warning sign for me is when every post I make is one I didn't really want to make. However, since you raised some substantive issues in your last post, you certainly deserve an attempt at a respectful reply.

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Originally posted by crowMAW
Greetings Seagoon,

I edited your post for brevity of my response...which I'm afraid may still be long.


Don't worry about it Crow, all my posts are too darn long, as I said elsewhere I'm writing a book stream of consciousness style one BB post at a time.

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Anyway, usus politicus/usus civili...hmmm are those in the Bible?  Is that God's words or John Calvin's?


No, the words aren't in the Bible, but the concept certainly is. The usus politicus was not a creation of Calvin incidentally, you'll find the idea in the theology of a number of Christian denominations including the Lutherans. In fact, you'll even find the basic principles being outlined in Augustine's works which were penned about 1200 years before the birth of Calvin. Indeed the concept of binding natural laws devolving from God can be found throughout the history of the church. The issue here is one of systematic theology, i.e. the systematic and catagorical arrangement of doctrine taught in the bible. There are plenty of theological concepts taught in scripture that we have created words to describe, "Trinity" for instance. The bible does not use the word, but it does teach that the godhead is Triune.


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To me, that concept seems counter to the sermon you quoted earlier.  It seemed you were saying the church is above man's law, so man's laws are inconsequential to the church.  Are you leaving unto Cesar what is Cesar's or are you looking to press your interpretation of God's will onto Cesar?


Crow, I'm writing almost all of the following to explain the theology that lies behind the sermon snippet, I'll caveat that you won't accept this, and I seriously doubt more than a handful of the members of the BB will either.

There are two issues at work here. First, as Christians we confess that there is only one God, and that as the Psalms put it, all the gods of the nations are idols and that regardless of whether we choose to accept it, he is sovereign over all creation, and that he has not left his creation in the dark but has revealed his will to us via the scripture.

The second issue is what is sometimes called "sphere sovereignty." The bible identifies three separate spheres that God ordained in his word to govern humans. They are - The Family, The Civil Magistrate, and the Church. Each of them has a degree of sovereignty over their own area.

For instance, as a Pastor, I have no right to go into a family and command a father to arrange his furniture in such and such away, or send his kids to such and such a school, or tell them when they are to go to bed, and so on. He is the head of his family, not me, he has been given authority over that sphere. But that authority he has been given is delegated by God - in fact the Christian believes that all authority is necessarily delegated authority - and when that father exceeds the bounds of God's law, say by commanding his children to steal he has exceeded his authority and become a tyrant. Any command, therefore, that blatantly contradicts God's laws, is what the UCMJ calls "an illegal order" and must be refused by those whom it is given to.

No Father should command his children to break God's laws, or fail to restrain them from doing so, in so far as he is able. No Magistrate should command the people to break God's laws, or fail to restrain them from doing so, in so far as he is able. At one time it was taken for granted even in this nation, that while no one denomination would be established, certainly the law of God, which was perspicuous, and which had informed and formed the skeleton of all Western law, would inevitably foundational to our own legal code - if only in the way that its fundamental precepts had informed the development of civil law through the ages. For instance, adultery was long a crime in the Western world not only because of its detrimental influence on society, but because it was condemned by the law of God. These truths, you shall not steal, you shall not murder, you shall not commit adultery, were once thought to be so "self-evident" that there was no issue of interpretation necessary, and certainly nothing that would require granting one denomination predominance. You see, postmodernism hadn't yet made its advent and it was thought that anyone with a grain of common sense could understand "You Shall not Steal" well enough to base actual civil laws upon it.

Anyway, in the sermon I stressed that as the church it is not our duty nor our right to frame a constitution for the government, and that we are to be about the work of salvation and that we will never be successful in telling people to "be good" until they have a new heart, and that pastors are not legislators or politicians by calling and that it is not our job to misuse our call to press for legislation. However, Christians are still citizens called upon to act in civil society according to what the bible teaches (and we all act according to our beliefs, even those who call themselves atheists) Additionally as Christians we believe that just as Parents must govern the family according to God's will and Pastors must preach only what is in God's word, Magistrates should also govern according to what the law of God states. Thus when they try to fundamentally recraft marriage, dramatically altering it from the creation ordinance, then they have failed to act according to their calling in their own sphere.  

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It seems to me, that our Constitution was designed to give religous freedom by not mandating any specific interpretation of God's will.  So that my interpretation of God's will is just as valid as yours.


I would defend your right under our constitution to worship as your conscience tells you to do so.

In fact, that is expressly what the confession, which is intended to be merely a summary of what is taught in scripture, explicitly says:

"Civil magistrates may not assume to themselves the administration of the Word and sacraments; or the power of the keys of the kingdom of heaven;[5] or, in the least, interfere in matters of faith. Yet, as nursing fathers, it is the duty of civil magistrates to protect the church of our common Lord, without giving the preference to any denomination of Christians above the rest, in such a manner that all ecclesiastical persons whatever shall enjoy the full, free, and unquestioned liberty of discharging every part of their sacred functions, without violence or danger. And, as Jesus Christ hath appointed a regular government and discipline in his church, no law of any commonwealth should interfere with, let, or hinder, the due exercise thereof, among the voluntary members of any denomination of Christians, according to their own profession and belief. It is the duty of civil magistrates to protect the person and good name of all their people, in such an effectual manner as that no person be suffered, either upon pretense of religion or of infidelity, to offer any indignity, violence, abuse, or injury to any other person whatsoever: and to take order, that all religious and ecclesiastical assemblies be held without molestation or disturbance."
[Westminster Confession of Faith, Chapter 23.3]

I'd say that the above is actually a more explicit defense of the "sphere separation" of church and state, and the principle of religious liberty than exists in the Constitution.

However, nothing in the constitution states that the magistrate shall assume and act as though there was no God and no moral law or natural law and that all of his enactments shall be made solely on the absolute assumption of atheism and legal positivism. In fact, I would argue that such a worldview establishes the minority religion of secular humanism and makes its interpretations normative. Modern Secular Humanism is not neutral, neither does it have the endorsement of the Constitution. It's assumption for instance, that there is no God and no absolutes, runs counter to two foundational assumptions in our founding documents.

It is not a matter of "religious interpretation" of one denomination over all others to say simply that natural law dictates that the legal definition of marriage is to be between one woman and one man. For almost 200 years Americans never found that simple declaration to be an interference of the church in the affairs of the state, rather everyone accepted that that was  an absolute, that it was simply the correct answer to the question what is marriage?

The difference is that we now live in the age of legal positivism, and will accept no absolute truths save the absolute truth that there are no absolute truths and so we feel comfortable saying "Marriage shall be whatever the courts declare it to be."

Under this assumption not only marriage, but every fundamental structure in our society, everything that we once felt to be part of the warp and woof of society is up for grabs to whoever controls the court. Want to lower the age of consent to 13? Have at it. Want to make the state the primary guardians over all children and the parents only authorized caregivers? Go ahead. Literally, under this system, the only impediment to whatever change you want is the gang of nine, so control over them becomes the trump card in all matters. Chair, forgive me, but I don't believe that is what Washington, Madison, Hamilton and co. envisaged in their wildest nightmares.

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SEAGOON aka Pastor Andy Webb
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Offline Chairboy

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« Reply #434 on: July 06, 2005, 03:30:30 PM »
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Originally posted by Seagoon
Under this assumption not only marriage, but every fundamental structure in our society, everything that we once felt to be part of the warp and woof of society is up for grabs to whoever controls the court. Want to lower the age of consent to 13? Have at it. Want to make the state the primary guardians over all children and the parents only authorized caregivers? Go ahead. Literally, under this system, the only impediment to whatever change you want is the gang of nine, so control over them becomes the trump card in all matters. Chair, forgive me, but I don't believe that is what Washington, Madison, Hamilton and co. envisaged in their wildest nightmares.
 I respect that you may feel that is a danger, but I really think that it's hand wringing over a non-starter.

If the specific concern you just raised were to be accepted, then you would, by definition, have to accept my concern that: Giving preferential treatment to christians when shaping the law will eventually result in transforming our nation to a formal theocracy.  Want to make it so that non-christians cannot hold government jobs?  Go ahead.  Want to make it so that  synagogues and mosques are no longer granted the tax exempt status that a christian church has?  Go ahead.  Want to mandate an oath to follow god as part of getting a drivers license?  Go ahead.  Want to enforce the sabbath and prevent all businesses from operating?  Go ahead.

The points you raise, Seagoon, are as likely (if not less so) then the ones I just did, the difference is, you move from being on the offense to the defense.  If you choose to disregard the validity of the concerns that I, an atheist raise at the spectre of a United Christian States of America, then you are compelled to set aside your own reservations about an imagined 'moral vacuum that nature would, by necessity, fill with the inequities and savage animalistic sins of secular society' that exists only in the imaginations of the christian right.

Regards,

cb
"When fascism comes to America it will be wrapped in the flag and carrying a cross." - Sinclair Lewis