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Top 10 Reasons for Civil Marriage Equality

Discussion in 'General Debates' started by Green Gaia, Feb 14, 2006.

  1. Jaymes

    Jaymes The cake is a lie

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    I don't see anything in there that says the contract has to be trying to imitate marriage, just that it bestows the priveleges or obligations of marriage on two people of the same sex. I'm not familiar with how laws work, so forgive me, but how does a partnership contract for business partners differ from a "regular" (right word?) partnership contract?
     
  2. Ðanisty

    Ðanisty Well-Known Member

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    It only specifies legal contracts that bestow the privilages and obligations of marriage...it doesn't specify that it has to be a marriage contract. They only have to be similar...not identical.
     
  3. Pah

    Pah Uber all member

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    Nope. It states the particulars of agreement.
     
  4. CaptainXeroid

    CaptainXeroid Following Christ

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    I play a lawyer on the internet:D, and I think a challenge to state same sex marriage bans and DOMA can be successful because the bans violate the 'full faith and credit' clause and the 'equal protection' amendment in the US Constitution.

    btw...Frubals for a good list.:)
    In a business 'relationship', the contract spells out specific duties, obligations, and benefits of the business relationship. Rights of survivorship and mutual insurance fall under the concept of 'business continuity'. While it's certainly worth a try, I don't think this angle is going to work.:sorry1:
     
  5. Pah

    Pah Uber all member

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    It was also mentioned to me that since that sentence was in the "marriage section" of the bill of rights, it can be argued that it only applies to marriage.

    But in the sense I see the game being played by the suppressors of equality and justice, I don't mind putting the idea in a letter to the editor. And I wouldn't mind if a civil case was brought against an opposing Senator or Delegate who happens to be in a same-sex business partnership.

    Fair play? Yeah I'll go along with that when they stop putting religious values into law.
     
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  6. standing_alone

    standing_alone Well-Known Member

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    Good thread, Maize!
    :clap
     
  7. pdoel

    pdoel Active Member

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    Well, no offense, but you are rather young. PLEASE don't tell me that you are an expert on law. People study MANY years and still interpret laws differently.

    Already, there have been a few cases in Ohio where a woman was beaten by her boyfriend, but due to these laws, there was nothing that could be done to her boyfriend.

    So, while it may "seem" clear to you, it's not. Judges can still interpret these laws anyway they choose.
     
  8. michel

    michel Administrator Emeritus
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    Don't you believe it; it only takes one Judge who is not a diehard conservative with an axe to grind to set a precedent.

    That's the wonderful thing about law; it is forever adapting.;)
     
  9. Green Gaia

    Green Gaia Veteran Member

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    Five pages in and not one person has attempted to dispute the Top 10 Reasons for Civil Marriage Equality. Nor has any opponents to equality offered me an answer to the questions I asked of them:
    I'm very interested in hearing why some people think BLGT people don't deserve the same equal legal rights as they enjoy. Give me a chance to prove to you that we do.
     
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  10. Pah

    Pah Uber all member

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    Just as an aside, why wouldn't, in the hands of a good lawyer, "continuity of a family relationship" be the same as "business continuity"? Isn't it still the protection of assests? Aren't they both legal entities. Social security is designed for continutity of income for heterosexual survivors of the family entity, for instance. Just thinking!

    The opposition to same-sex marriage is wrongly centered on the reproduction aspect of family. When family and marriage is reduced to more basic defining commonalities (such as an expression for love, such as rearing children, such as companionship, such as "soul mate" factor) the "one man-one woman" concept is short-sighted.

    Among other ways, "new" law is made in courts by taking precendent and extending it to fit existent "new" conditions. It is done by re-examining basics.
     
  11. CaptainXeroid

    CaptainXeroid Following Christ

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    It's definitely some sound thinking, and in the hands of a good lawyer, I think a compelling case could be made.:) The biggest hurdle would be overcoming the argument that the legal language in contracts and other documentation set a business relationship apart from marriage.

    I agree with the need to challenge DOMA and SSM marriage bans, but I think the most winnable argument is a Constitutional challenge in Federal court.

    I didn't want Pah's & my legal conference to get in the way of the point of this thread.:jiggy:
     
  12. Joe bag of doughnuts

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    I taked to the guys at work about gay marriage in the past and the general agreement about it was that if you don't require a chuch to do them, then its o.k with us. It's a free country.
     
  13. Green Gaia

    Green Gaia Veteran Member

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    Well since that's never even been a real issue (this is about legal rights), then it's all good! :highfive:
     
  14. Joe bag of doughnuts

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    Good. Can I ask you a question? When gays get gay marriage, is there any other "right" you feel gay people aren't getting now?
     
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  15. Green Gaia

    Green Gaia Veteran Member

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    Just the almost 1100 federal rights and protections that go along with civil marriage. Other than that, I'm good.
     
  16. Joe bag of doughnuts

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    Fine and good with me(and most of the guys). I just don't want it to become another quota thing were a collage or a job has to give preference to gays before they can hire someone else. Worry about that kind of liberal crap is behind some of the fear of gay marriage with the crew.

    But its time to put this nonsense behind us and move on to issues that the politicians don't want to talk do anything about.
     
  17. Smoke

    Smoke Done here.

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    It'll be time to move on when we've got equal rights.
     
  18. Green Gaia

    Green Gaia Veteran Member

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    I haven't heard anything about that. The only thing that comes to mind in regards to the workplace is protections to ensure someone is not fired simply because of their sexual orientation. But most places already have something like that, a nondiscrimination policy - at least the major companies do, but it's not a quota thing.
     
  19. Joe bag of doughnuts

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    See, you and I are not all that far apart.:) What gets the average Joe's blood to boil is when some law is passed that makes his life harder and harder to live. We are concerned that we are going to lose our jobs overseas or how to send our kids to college. We don't stay up at nights with worry because of gay marriage. I know it's important to you. But this country is about to put the final screw to us working Joes and most people don't even know it or seem to care. We need to come together as a people quickly. But that's another topic.

    Good luck Maize.
     
  20. kevmicsmi

    kevmicsmi Well-Known Member

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    I dont understand, are you saying it is good to have renegade judges who make up law instead of interpret it? please explain
     
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