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MormonTimes.com: State job is not to redefine marriage
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Accusing the courts of destroying democracy because they keep a "religious" view point out of their "civil" decisions is irresponsible. The very fact the courts are willing to seriously review the issue of civil marriage from a non-religious based view is truly democracy in action, and deserves praise - not condemnation.
The counter balance is civil action by the states and the federal government to establish civil laws. The system works. The very fact one lone voice can spew the hatred and paranoia shown in this article proves democracy works.
Marriage is a religious and civil issue. If the church despises "gay" marriage as immoral, they can still forbid it as a church - just like they don't allow active members to drink alchohol. But if the civil courts say "gay" marriage is immoral, then they are truly crossing the line between church and state. We don't want them to cross that line.
The Supreme Courts made no new laws; they did their jobs, declaring unconstitutional laws that are unconstitutional.
Marriage has been defined differently throughout human history, and homosexuality has been around for all of human history, not just the past 15 years.
Abortion impacts the life and rights of unborn children who cannot speak for themselves. Driving blind impacts others on the roads. But gay marriage harms no one. It is entered into by consenting adults who have the ability and interest to protect their own rights.
"diktats"--good choice of words. You are conceding defeat here, as you should.
RICO laws-- The only way RICO apply is if actions are illegal AND being carried out for profit. Is the LDS Church opposing gay marriage FOR PROFIT?
Your definition includes �permanent or semi-permanent.� Will that be included in the amendment? You claim the definition is �universal,� but then you give a definition that is NOT universal. It is not even consistent with what the LDS Church officially states! Neither the Church nor any �marriage protection� legislation uses �semi-permanent.�
You are good at fiction AND propaganda!
God ordained marriage and no society has the right to alter it period. People are delusional if they think we are not headed for another civil war or revolution in this country. Over the trampling of the majority for the minority. United States is a Republic not a democracy. They are not interchangeable words. Our government all branches both parties are failing they are both lost. Gay marriage is merely a symptom. People are naive if they don't think that governments or courts will not interfere with the idea of where they can marry. Sooner or later someone will have the chutzpah to demand of the courts to marry in the Oakland Temple. The dictators will agree have the audacity to tell a faith who it can and cannot marry. That challenge is headed that way soon. Coming to a court near you.
Your arguments fall apart. You say that the courts have made no new laws, and I agree. However, what would you call a court order demanding that marriage licenses be issued for same sex couples? This I something I would call "legislating from the bench."
I also find it humorous that you say they declared laws regulating marriage as "unconstitutional" when the Constitution is, in fact, completely silent on the matter. The constitutionality of marriage laws is therefore subject to a wide variety of interpretation. These court "decisions" can, and do, vary with each judge (that's why there are appeals, and even the US Supreme Court will reconsider issues from time to time). I should also mention that court decisions are based heavily on precedent. The precedent of all of human history is that marriage is between a man and a woman. Are these judges following precedent?
You also assert that "gay marriage" harms no one. I emphatically disagree. Anything that is detrimental to the fabric of society harms us all. You may not see it now, but should "gay marriage" become the norm, like divorce and abortion have, the real damage will quickly become obvious.
Perhaps Orson can be accused of presenting his case with too much heat and vehemence but it is very well thought out and is not based on religion or religous premises. He could certainly write an equally long article on the religous reasons that also support that which he has already argued from an humanist stand point.
He was very hard on heterosexual society for what they have done to weaken marriage, and rightly so.
Read again people, this time with eyes and minds open. You might still disagree, but at least you would be able to formulate accurate and on point rebuttles instead of showing that you didn't read the whole article. Ignoring something just because you disagree with it is just plain ignorant.
If procreation is the essential goal of marriage, why should postmenopausal women be allowed to marry? Surely, discrimination against sterile, impotent, or aged couples would be unacceptable to citizens of many different perspectives.
The rationale would be that marriage serves functions that are as important as, if not more important than, procreation, including interpersonal commitment, religious or moral expression, sexual satisfaction, and the legal entitlements associated with spousehood.
If elderly, sterile, or impotent couples cannot be denied the right to marry because of a traditional link between marriage and procreation, neither can lesbian or gay couples be denied the right for that type of reason.
The closest parallel in Utah history to the debate over gay marriage has been the miscegenation laws of the 1950�s (Interracial Marriages in America). These laws prevented interracial marriages between whites and blacks.
Thankfully, these laws were overturned because the courts found that the right to marry whoever one wishes is an elementary human right compared to the right to attend an integrated school, the right to sit where one pleases on a bus, the right to go into any hotel or recreation area or place of amusement, regardless of one's skin or color or race are minor indeed.
This same logic applies to gay marriage. You need to remember that polygamy was very offensive to many people outside the Mormon faith and the Mormons suffered greatly for practicing polygamy. I think in the 21st century, people should be more accepting of differences in marriage choice.
I would call your oversimplification an ignorant attempt at propaganda. In California, the Mayor of San Francisco, not the California Courts, ordered that marriage licenses be issued �without discriminating on the basis of sexual orientation.� Mayor Newsom argued that the Californian Constitution clearly stated that "a person may not be denied equal protection of the laws," and the California courts had long ago interpreted the equal protection clause to apply to lesbians and gay men.
In March, 2004, the California Supreme Court ordered San Francisco officials to STOP issuing marriage licenses to same-sex couples. Why don�t you call THAT �legislating from the bench�? The Court DID NOT rule on the legality of same-sex marriages, nor did it address the constitutional issues raised by city officials in defense of them. It simply honored a temporary restraining order requested by the �Campaign for California Families� until further review of two lawsuits on the matter.
So, your claim that there was �a court order demanding that marriage licenses be issued for same sex couples� is oversimplified propaganda and deception. That makes you a liar.
The vast majority of the EDUCATED people of society (from legal scholars to social scientists--AKA people who can think LOGICALLY) support gay marriage. Survey after survey has shown that the higher the education level, the more supportive they are of gay marriage.
The CA Sup Ct did its job, which is to declare laws that are unconstitutional. The ignorant masses (so-called "majority") doesn't decide on everything in a constitutional democracy--otherwise we'd still have bans on woman's suffrage, interracial marriage, and school desegregation. The ignorant majority was against interracial marriage and school desegregation when Brown v. Board and Loving v. VA were decided.
Besides, the most recent Field Poll shows that only 42% of Californians support Prop 8 while 51% oppose. There's democracy for ya. Oops! Bummer huh? ;)
And if court decisions are sometimes based heavily on precedent, watch out. You are wrong: the precedent of all human history is that marriage has been defined in COUNTLESS ways, including between two men and two women! You need to study ALL of history, not just your biased RELIGIOUS history.
You claim gay marriage "is detrimental to the fabric of society." How so? All you do is issue promisory notes: "You may not see it now, but should 'gay marriage' become the norm, like divorce and abortion have, the real damage will quickly become obvious."
1. There is a HUGE difference between gay marriage being legal and it "becoming the norm."
2. Divorce? Are you supporting legislation outlawing divorce? Why not?
3. How are divorce and abortion "the norm"? Less than half of people divorce, and far fewer women get abortions.
4. A number of countries have had gay marriage, divorce, and abortion for decades. What "damage"??
Keep it up and thanks! From California..
Bro. Coombs
House of Cards addressed ALL of Orson Card's points from his entire article.
You only assume others didn't read the entire thing because you have no other argument to make. So you shoot blanks and try to drag a red herring argument across the path to get the discussion off topic.
YOU read more carefully, and try some THOUGHT with it! Ironic you call for others to be "open minded" when the iron gates of YOUR mind are welded shut!
However, I think we need to understand what we will be facing with these new changes. Freedoms have clearly been curtailed in the name of "reproductive rights".
I think his worry about new "mental illness" categories are valid. During the 19th century at times Mormons were committed to mental institutions on the grounds that if someone was a Mormon they must be crazy. Mental illness is more about someone not conforming to societal norms than anything else. When a society proactively embraces a lifestyle that some people find morally wrong, things can start getting ugly.
If the courts reviewed laws on the bases of what is actually said in the constitutions at both the Federal and State level, reviewed them in light of previous court decision and reviewed them in light of the meanings and intentions of existing laws we would not have a problem.
However when courts discover "rights" that are not in documents things start getting bad. Often when they discover "rights" they then mutate into different rights. The "right to privacy" somehow mutated into "reproductive rights" which can then be used to trump someones freedom of speech if they are speaking in ways that the advocates of "reproductive rights" do not like.
In the issue of religions verses public policy we have already seen a major defeat. Catholic Social Services gave up doing adoptions rather than be forced to place children with same-gender "married" couples in Massachusetts.
The closest parallel in Utah history to the debate over gay marriage has been the miscegenation laws of the 1950�s (Interracial Marriages in America). These laws prevented interracial marriages between whites and blacks.
Thankfully, these laws were overturned because the courts found that the right to marry whoever one wishes is an elementary human right compared to the right to attend an integrated school, the right to sit where one pleases on a bus, the right to go into any hotel or recreation area or place of amusement, regardless of one's skin or color or race are minor indeed.
This same logic applies to gay marriage. You need to remember that polygamy was very offensive to many people outside the Mormon faith and the Mormons suffered greatly for practicing polygamy. I think in the 21st century, people should be more accepting of differences in marriage choice."
Amen brother. The truth shall set you free.
Orson Scott Card explained exactly why childless marriages do not undermine the institution of marriage.
Church leaders have on multiple occasions spoken out against divorce. Go read Elder Oaks's talk from I believe last October General Conference. There was also President Faust's talk where he mentioned about a lady who was in a horrible marriage whose divorce he processed but latter she admitted that she was less happy after divorce.
I have read claims that the church has at times excommunicated people for divorce under some circumstances.
The problem with divorce is that if you ban it all together you force people to stay in abusive relationships. In an ideal world where no one committed physical, emotional and other forms of abuse and where no one deserted their spouse than divorce would not be needed. However in our inperfect world we have to adapt to inperfections.
President Hinckley and other leaders of the church have on many occasions spoken against divorce.
Homosexual acts are incompatible with God's plan and have always been banned. Divorce has been allowed, as is obvious even from the pseudo-anti-divorce crowds favorite scripture, where Jesus denounces divorce.
"Jessica | 1:49 p.m. Jul. 24, 2008
"What Mr. Card and people living in Utah need to understand, is that prior to 1950, it was illegal in Utah for a heterosexual man or woman to marry a black person
The closest parallel in Utah history to the debate over gay marriage has been the miscegenation laws of the 1950�s (Interracial Marriages in America). These laws prevented interracial marriages between whites and blacks.
Thankfully, these laws were overturned because the courts found that the right to marry whoever one wishes is an elementary human right compared to the right to attend an integrated school, the right to sit where one pleases on a bus, the right to go into any hotel or recreation area or place of amusement, regardless of one's skin or color or race are minor indeed.
This same logic applies to gay marriage. You need to remember that polygamy was very offensive to many people outside the Mormon faith and the Mormons suffered greatly for practicing polygamy. I think in the 21st century, people should be more accepting of differences in marriage choice."
Great point. Everyone can agree that those laws were unfair.
Are you a man? I ask, because your response to Perhaps is irrelevant if you are female, because Perhaps only said "gay men". Beyond this, you introduced the word "all". Perhaps did not go that far, claiming what he said applied to "all".
Studies on the matter show that among homosexual men a much higher percentage of them have sex with people other than their primary partner than married men have affairs.
Marriage is at base an institution that combines to unlike people into a greater whole. This is not what happens in same gender "marriage".
Card answers your arguments about infertile couples and they have been consistently rejected by the courts.
Marriage bwtween a man and a woman makes it possible for everyone to marry at some point in life. The fact that due to various individual conditions some people do not marry does not make it a discriminatory system. The marriage laws are designed to be universal.
True, STATE Constitutions can and do define marriage laws. I was referring to the US Constitution, which is COMPLETELY silent on the matter. You also assume that I was talking about the situation in California. I was actually refering to the state of Massachusetts. The legallization of "gay marriage" there has certainly been called "legislating from the bench", and not just by myself. And while there are many examples of homosexuality in history, the legal precedent of marriage is clearly heterosexual.
Let me also define the term "norm" for you, in the context in which I was using it. A social "norm" is a situation, event, or action that is considered socially NORMAL and acceptable, not necessarily one that is encountered among a high percetage of citizens. This done, let me ask some questions of my own.
1. Do you feel that it is the job of a few judges to tell a SELF-GOVERNING people what the law should be? (Note that this is the topic of Mr. Card's article, not whether same-sex marriage is right or wrong.)
2. What are YOUR views about divorce and abortion? Do you believe that they have NO social consequences?
First off, Brother Card does not live in Utah. Although you do not say absolutely that he does, you almost imply it. Card has lived for a great many years in North Carolina.
Your ideas on inter-racial marriage are quite odd. There was never a phrase like "heterosexual" in those laws. Your use of it is misleading. The anti-inter-racial marriage law in Utah was actually not repealed until about 1963.
However, your analogy is totally false. This begans with the fact that the current law limits marriage to being between a man and a woman. There is no reference to "homosexuals" in the law. The anti-inter-racial marriage laws not only banned marriage between whites and blacks but then had to define what constituted a member of either race. In Virginia, the state whose law was overturned by the Supreme Court in 1967, they also banned marriage of whites and Native Americans (something that Brigham Young encoraged, but that is another story) and yet they did not ban Native Americans and Blacks marrying, and the definitions to be Native American and black were different.
You will not find a place where someone argues that inter-racial marriage is inherently sinful because it involves sexual relations in a way that is inherently wrong.
Laws against inter-racial marriage were at heart attempts to preserve distinct races and keep blacks subordinant to whites. The laws against both inter-racial marriage and inter-racial sex were most heavily focused against black men marrying white women. The reverse relationship was at least in many parts of the south normally tolerated as long as it was not given official status. Although Loving vs. Virginia did involve a couple where the husband was European-American and the wife was African-American, it was because they had had the audacity to actually go get married in Washington DC that the matter ever went before law.
The route issue here is that race has no direct relevance to either the results of a marriage or how it is percieved by others. I can name at least six inter-racial couples where one spouse is of African descent and the other is of European descent.
However these six couples are just the ones who are currently in my state where both husband and wife are members. We had another couple that was such but they moved to Tennessee about a year ago. This does not count at least one part member family that would fit the description, or our multiple Anglo men with Filipina wives including a bishop in one of our wards, as well as several other mixed race couples where one of the spouses is either Latino, Polynesian or Asian.
However none of these conditions change the fact that the legalization of same gender marriage would be the first step to using it as a club against religios organizations that refuse to change their doctrine to allow it.
Newsom was in open and clear violation of Proposition 22. It is not the place of a mayor to decide that a law is unconstitutional and ignore it.
You are also far too willing to call someone a liar. What the person who you attack as such was probably refering to is that fact that the court ruled that the Supreme Court's saying that civil unions were not good enough and marriage certificates had to be issued for same-gender couples to marry.
I read an editorial where they essentially said this was what the court had did. It seems likely that the commentor had had his views on this issue shaped by that editorial and may not have even contemplated to whole Newsom fiasco.
Those who say things that they believe are true even if they are not are not liars.
It is refreshing to see the elitists not hiding behind anything but coming full out and saying how much they disdain anyone who disagrees with them.
However your understanding of history is clearly flawed. Utah overturned its unfortunant anti-inter-racial marriage law in 1963 by legislative action.
The Loving v. Virginia case only repealed laws in 16 states, while Maryland had repealed its law early that year after the court had began hearing the Loving case.
Interesting side note, Asians and Filipinos were banned from marrying whites under Utah's law, but Native Americans, Latinos (at least as long as they did not have African Ancestry) and Pacific Islanders were not affected.
Nebraska also repealed its law (which did not ban Filipinos but did ban Asians marrying whites) in 1963. Michigan had repealed its anti-inter-racial marriage law in 1883.
As a scientist, I do not understand why opposition to evolutionary suicide automatically makes me an illogical, uneducated religious fanatic. Maybe House of Cards and matpanda should be a little more careful about their insults.
"The legal precedent of marriage is clearly heterosexual?" You misuse the word "precedent". You should have used "norm". Your view of history is Western- and Christian-centric. Human history is MUCH bigger than that. Only if you realize that is further historical discussion possible.
I would be more inclined to answer your questions if I knew they were sincere. Obviously they aren't, so why waste the time?
I will say judges are PART OF the brilliant Government Mechanism for a SELF-GOVERNING people! I agree with the most recent California and Mass. Supreme Court rulings.
My MORAL views about divorce and abortion are irrelevant when considering "social consequences" (societal "damage"). I look to empirical evidence. If you claim "societal damage" where is the evidence?
OK. We will continue to fight this bigotry in the courts and the polls. But even if that fails, and I don't think it will, those of us in the Church will continue to fight the Church over the issue, just as some did over the issue of blacks and the priesthood. Our time will come, I guarantee it.
Just because you "work in Evolutionary Biology" doesn't mean you are any good at it.
By the way, how do you "work in Evolutionary Biology"? Is that your way of trying to appear like you have credentials without actually having a PhD? Sounds fishy to me.
Regardless, you certainly must have failed (or missed) your logic classes.
Just because someone believes they are "born that way" does NOT constitute �a confirmation of a genetic abheration� (it is spelled �aberration�. Go back to school) or a "congenital defect" let alone does it make homosexuality a �genetic dead end.�
In your extensive �work in evolutionary biology,� did you forget to study recessive genes? Did you fail to study the mendelian significance of dominant and recessive character?
Please just admit your deception. You are NO scientist. You haven�t the credentials to call yourselve a scientist, and clearly if you are �working in evolutionary biology� you are at best an incompetent scientist. And THAT is a **carefully placed** insult!
Mr. Lambert, please limit yourself to no more than 10 posts per board. It is the polite thing to do.
"Consider this. If marriage between a man and a woman is legally recognized only for procreation strange consequences would follow. Utah could and, to be consistent, should prohibit marriage in which one or both partners are sterile or impotent.
If procreation is the essential goal of marriage, why should postmenopausal women be allowed to marry? Surely, discrimination against sterile, impotent, or aged couples would be unacceptable to citizens of many different perspectives.
The rationale would be that marriage serves functions that are as important as, if not more important than, procreation, including interpersonal commitment, religious or moral expression, sexual satisfaction, and the legal entitlements associated with spousehood.
If elderly, sterile, or impotent couples cannot be denied the right to marry because of a traditional link between marriage and procreation, neither can lesbian or gay couples be denied the right for that type of reason."
Best point yet. I would like to see somebody (other than John Lambert) address these issues and how they relate to the current debate.
What are you going to do if they show up at church?
Walk out?
In Vermont a court recently legalized not marriage for gays, but a �civil union� which affords same-sex couples all the rights and privileges of married couples, but without calling it �marriage.�
While I applaud Vermont�s court system for this step in the right direction, a new institution for gay couples is not the answer. It simply affirms their second-class status in American society. In the Supreme Court case Brown vs. The Board of Education, the policy of �separate but equal� with regard to race was struck down as being unconstitutional, because separate can never be equal.
Creating a separate institution for gay couples is just as unequal and unconstitutional as creating separate institutions for blacks and whites.
In response to this argument I refer you to the words of Andrew Sullivan: �Would any heterosexual in America believe he had a right to pursue happiness if he could not marry the person he loved? What would be more objectionable to most people � to be denied a vote in the next presidential election or to no longer have legal custody over their child or legal attachment to their wife or husband?"
In America we are granted, as an unalienable right, the right to pursue our happiness. If we tell gay people that the only people they can marry are those they aren't attracted to or can't love romantically, then we are violating this right.
Gay marriage is a no-brainer. People need to open their hearts and minds.
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