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Readers' forum: Benson had it right
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If he did, he clearly doesn't understand the constitution. That document declares the rights of the people. A majority cannot pass a law that violates those rights. In order to rescind those rights, the constitution must be ammended to take them away.
Most conservative folks, and the Declaration of Independence, say that rights are granted from our creator, not from a majority of voters.
Homosexuality is not a victimless crime. It kills and it kills non-homosexuals too (spouses and unborn children to homosexual and bisexual men who have AIDS). Yes, there ARE many homosexual men who are married - to women.
Additionally homosexual couples now compete in adoptions. Where they succeed they teach, by example, their perverse and dangerous lifestyle to their charges, and perpetuate their filthy practices. How many millions have to die before we face this issue squarely?
The right to uphold traditional marriage has been added to that list, at least to the people of California.
Does anyone think that the Hand of God came down and wrote the Bill of Rights? Those who have ever cracked open a book on our Nation's history may never realize how fierce the debates were pertaining to what was included in the Constitution and what was left out.
The debate in California was similar to the debate held in each of the thirteen original colonies. The people of those colonies decided, by vote, whether they desired to join the Union. Not everyone got what they wanted. Compromises were made. Some of those compromises have been "adjusted" by the vote of the states, meaning the vote of the citizens of those states.
We live in a Republic where we seldom directly vote on issues. Normally we vote for a representative who then votes for us. However, when the people vote directly on an issue, the outcome of that vote becomes the mind and will of the people.
"Gays seem only to accept our system when it favors their biased agenda. Otherwise it's constant whining, as Benson wrote."
You reject the validity of courts. One could say you are the sore loser over court decisions. Gays will continue to work within the courts, and they'll continue to work to win votes for our rights for marriage. But you are implying that rights via the courts are antithetical to our system of governance, and that only simple majority referenda are valid. You are dead wrong.
So I'll regurgitate your boorish comment with a twist: Anti-gays seem only to accept our system when it favors their biased agenda. Otherwise it's constant whining.
Nobody wants to do anything about it.
I believe that it is you who misunderstands the courts.
The supreme law of a State is its Constitution. The Supreme Court of that State cannot rule against its supreme law. All laws hang on the laws explicitly defined in the Constitution. Laws may be added, but no law can contradict the Constitution. If a law is found to contradict the Constitution, then the Supreme Court is bound, by law, to remove the law that contradicts the Constitution.
In California, traditional marriage has been defined as the union between a man and a woman. That is part of the California Constitution. It is the supreme law of California. No judge in California can overturn that law unless he wishes to abolish all laws mandated by the California Constitution.
If you don't like a law or a portion of the state or US constitution, there is a process to get thoes laws changed. Prohibition is a prime example of government setting up a constitutional law and then recinding it.
"A majority cannot pass a law that violates those rights. In order to rescind those rights, the constitution must be ammended to take them away."
If your argument is true then the majority never had a right to create legal marriage in the first place and we needed a constitutional amendment to enact legal marriage. You are confusing rights with what the majority creates. The right to drive doesn't exist, the right to marry doesn't exist, etc. Rights aren't granted by the state. They are inherent and fundamental and MUST exist independent of the actions of others (no right for state or individual to marry you).
"Most conservative folks, and the Declaration of Independence, say that rights are granted from our creator, not from a majority of voters."
You are right but who exactly do you believe created the legal institution of marriage? Was it "God" who enacted the statute creating and defining the legal institution of marriage or was it the majority and our representatives who created legal marriage?
Our rights cannot be granted or taken away by the majority (or anyone) therefore legal marriage cannot be a right since it wouldn't exist if it weren't for the
"Silly me, I thought that rights are designed to protect people from the whims of the majority."
Let's be clear that it was the whim of the majority that created legal marriage and now you imply that they don't have the right to define it because God or nature gave you a right to a "marriage license" issued by elected representatives of the majority. What's next? Will you say that nature or God gave you the right to a driver's license on your terms and not those set by the majority.
If you are willing to meet the terms set under the law it would be discrimination to deny you marriage to a person of the opposite sex but it isn't a form of discrimination or a violation of rights when the majority equally applies the law to homosexuals and heterosexuals.
A heterosexual can no more marry a person of the same sex than a heterosexual nor are heterosexuals allowed to marry while homosexuals aren't. Nor are homosexuals required to ONLY marry homosexuals (i.e., blacks were denied the right to marry a white person because one was right and another black). You have equal protection under the law.
What I said is true; homosexual men DO pass on their disease to their wives (and there
ARE homosexual men married to straight women) and indirectly infect children in the womb in many cases. Well over a million homosexual men have died already in this nation alone, and they have often infected straight familiy members in this way. PROVE ME WRONG IF YOU CAN.
I have hardly begun to enumerate the acts and practices of homosexuals and their effects.
It is the homosexual population that ought to be ashamed but they are past shame; how many literally parade their perversity openly and demand recognition? It is a shame to even speak of the act of male homosexuality. I think it would not get past the censors of this or any other reputable newspaper, though I think it would be revealing to some.
The teacher apologist for homosexuals hopefully does not teach her agenda in the school in which she works. I believe a clear majority of parents with children in school would seek the resignation of such a propagandist in education.
I don't think anyone feels threatened by two men or women loving each other and wanting to commit to each other. They are already free to do that. We simply don't want the state to sanction an act we consider immoral.
On the other hand, it takes a lot of attenuated argument and skill to "make a silk purse out of a sow's ear". In that sense I would agree that there may, at least sometimes, be some correlation between "education" and the ability to defend the indefensible.
"I'm sick and tired of people saying "I don't understand how gay marriage will affect your marriage."
They are trying to build a straw man argument and then tear it down. They want people to argue that gay marriage affects their individual marriage as opposed to marriage as an institution being under threat and hence our specific marriages. Does this mean that straight people will get divorced? No one has argued this but think of it this way.
The LDS Church is placed in a situation where they will be forced to participate in legal marriage as an institution while it recognizes same sex unions which in fact forces the Church to recognize those unions by virtue of participating in legal marriage or choosing to advise Mormons to not enter into a legal marriage.
"Well, it doesn't. But the point is being missed. It is a blatant attack on the family, it is degrading, yet people refuse to see this...Everyone is affected by gay marriage...everyone."
It affects everyone because everyone participates in it. You can't argue that you are against to something and then participate (i.e., if you are against democracy you don't vote).
I believe the number of AIDS-related deaths in the U.S. is under 600,000 as of 2006, and a rate of about 15k per year. Still, that's a lot. According to the CDC, 1/2 of AIDS cases are from male-to-male homosexual contact. The other half is from heterosexual sex, needle sharing, and other means of transmission. But I concur, it's a problem. Not to diminish this problem, though, compare these rates to smoking-related deaths, some 480,000 per YEAR.
Yes, promiscuous bisexual men married to women is problem. But it's promiscuity that is the problem.
If you want to minimize these rates, become a supporter of homosexual marriage, be pro-marriage for everyone, speak out against anyone who can't stay with one partner at a time, and speak out against promiscuity in general.
Gay people can officially "marry" in several Western countries and a few states. They were able to legally marry in California until Prop. 8 passed by a narrow majority. The California Supreme Court has yet to rule on this law, however. Certainly, the next time the issue comes up in California, it will probably result in gay marriage becoming protected under law.
Nonetheless, if two people, gay or straight, want to enter into a covenent of shared love and commitment, they do not need the "authority" of the state to determine what they call it. If the issue is one of legal rights, then if those rights are granted under the state for any and all couples (married or not), then use of the word "married" becomes insignificant.
If a gay couple wants to say they are "married" and the anti-gay-marriage crowd say they are not, it becomes moot since people believe what they want. It's that simple.
�People infected through high-risk heterosexual contact2 accounted for more than one-quarter of all people living with HIV� (Source CDC website)
�People infected through injection drug use accounted for 19% of all people living with HIV�
(Source CDC website)
�HIV takes a disproportionate toll on communities of color, with the most severe impact among African Americans, followed by Hispanics/Latinos. While blacks make up only 12% of the U.S. population, they represented nearly half of all people living with HIV in the U.S. in 2006� (Source CDC website)
So what my point?
�Ensuring everyone infected with HIV knows their status is a critical part of the solution. While the new HIV prevalence estimates indicate that more infected individuals know their status, far too many HIV-infected people in the U.S. are still diagnosed late in the course of infection� (Source CDC website)
The effects of ignorance are to high to be ignored , that the point.
If people want to appose gay marriage based on their religion that is their business but the cost of your lies is to high.
Then again knowledge is not to be confused with either wisdom, intelligence, morality or common sense. Knowledge has a tendency to inflate the simple with false pride.
"I don't think anyone feels threatened by two men or women loving each other and wanting to commit to each other. They are already free to do that. We simply don't want the state to sanction an act we consider immoral."
Because that means we sanction it as well or choose to not participate in it. If the U.S. government was a monarchy we would be within our right to refuse to participate in institutions promoting monarchy.
Would we be wrong to do whatever we can to oppose a monarchy and promote a constitutional republic? If we were asked to change the structure of government from what it is to include monarchist ideals would we be wrong to say "sorry we do not agree" and also refuse to do so. Does this mean that we discriminate against monarchists by refusing to change government to reflect their opinions? Do we deny them a right to vote if they choose not to vote because they don't agree with voting for a President and Congress instead of a parliament and King in an elective monarchy?
No we don't anymore than we discriminate by defining marriage and applying it equally to all.
Just as an aside the actual number of gay men that have died form AIDS is actually estimated to be 300,000 less then a third your original claim.
Anyway, I will leave you alone now to continue to show your true colors.
But rights cannot exist in the first place (in a democracy) unless the majority votes them into the Constitution. So unavoidably, rights are determined by popular vote. Period.
I would add that, in the developed world, England is only second to the United States in the low standards of basic literacy and numeracy attained in its state institutions of education through "High School".
"Gay marriage is a positive on society, if gay people or straight people commit to a loving relationship through marriage, then they will be more commited to one person, that is better for every relationship, gay or straight."
Government has no business promoting commitment to a loving relationship anymore than they have business promoting hatred. The only role government has in marriage is to promote the nuclear family through an institution that promotes marriage of one man and one woman who have the potential of procreating with each other.
"Those opposed to gay marriage will say that gay people don't need marriage to commit to one person, but then nobody does."
That's true. No one needs it to commit including heterosexuals. Your point?
"Marriage is a ceremony to show others how much you love a person."
No one is stopping them from holding any ceremonies they choose and no one who agrees is prevented from attending those ceremonies. Legal marriage doesn't have anything to do with love. You can hate your spouse, and sleep in separate bedrooms and it's none of our business yet we apply it equally. Anyone with potentiality to procreate can marry.
The state can remove driving privileges for breaking laws. The state can't exclude any group from equality access to the privileges the state can grant. This would be an infringement of a citizens rights.
You totally missed the point of Mr. Bartholomew's letter. His point was that columnist Lee Benson's recent article was unbelievably flip, insensitive, and uninformed. And that it was!
Bartholomew's issue wasn't so much about whether gay marriage is right or wrong; it's about the fact that Benson (like most of my fellow posters here) can't begin to understand why the "losers" in the Prop 8 vote can't just "get over it and move on." What Benson and many others don't understand is that same-sex marriage - to those who advocate for it, mostly - is a question of basic human rights (to a family) and dignity. The fight for same-sex marriage is not going away just because Prop 8 passed in California (by a slim margin), or because anyone says "it's wrong" or "you lost, get over it, move on."
Whether you like it or not, the fight for same-sex marriage rights will go on, and I dare say here in the public forum that those rights will be won, and then it is we (who like or not) who will just "get over it and move on." When that happens, will you remember your statements today?
I stand by my assertion: same-sex marriage and gay marriage are not the same thing. As long as government is in the marital business, same-sex marriage is guaranteed by the 14th Amendment. It will take "activist" judicial fiat to make it reality, but that's the simple truth. There is no legal argument against same-sex marriage, only moral and religious ones, both of which bear no weight in the legal arena.
To the contrary, nothing but moral and religious arguments hold weight in the legal arena, we just give them other names. If you are not arguing for gay marriage on moral grounds, then on what grounds do you claim they should be legal?
Law is the codification of public morality. If you do not legislate morality, you do not legislate.
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