Author |
Message |
   
us2innj
Citizen Username: Us2innj
Post Number: 904 Registered: 5-2001
| Posted on Tuesday, November 18, 2003 - 10:10 am: |
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Hopefully New Jersey will be next! |
   
court07040
Citizen Username: Court07040
Post Number: 10 Registered: 8-2003
| Posted on Tuesday, November 18, 2003 - 10:13 am: |
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Or perhaps UT will legalize bigamy again |
   
Duncan
Citizen Username: Duncanrogers
Post Number: 1126 Registered: 12-2001

| Posted on Tuesday, November 18, 2003 - 10:20 am: |
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They are in no way comparable. us2innj.. at least on this we can agree!! "You miss 100% of the shots you don't take" Wayne Gretzky
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court07040
Citizen Username: Court07040
Post Number: 11 Registered: 8-2003
| Posted on Tuesday, November 18, 2003 - 10:29 am: |
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even if they're all the same sex? |
   
Nohero
Citizen Username: Nohero
Post Number: 2425 Registered: 10-1999

| Posted on Tuesday, November 18, 2003 - 10:29 am: |
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quote:Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support; it brings stability to our society. For those who choose to marry, and for their children, marriage provides an abundance of legal, financial, and social benefits. In return it imposes weighty legal, financial, and social obligations. The question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry. We conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens. In reaching our conclusion we have given full deference to the arguments made by the Commonwealth. But it has failed to identify any constitutionally adequate reason for denying civil marriage to same-sex couples.
(The full decision can be accessed at this link.) The Court decided to stay its decision, pending action by the Massachusetts Legislature (similar to the course of action taken in Vermont). quote:We construe civil marriage to mean the voluntary union of two persons as spouses, to the exclusion of all others. This reformulation redresses the plaintiffs' constitutional injury and furthers the aim of marriage to promote stable, exclusive relationships. It advances the two legitimate State interests the department has identified: providing a stable setting for child rearing and conserving State resources. It leaves intact the Legislature's broad discretion to regulate marriage. See Commonwealth v. Stowell, 389 Mass. 171, 175 (1983). In their complaint the plaintiffs request only a declaration that their exclusion and the exclusion of other qualified same-sex couples from access to civil marriage violates Massachusetts law. We declare that barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution. We vacate the summary judgment for the department. We remand this case to the Superior Court for entry of judgment consistent with this opinion. Entry of judgment shall be stayed for 180 days to permit the Legislature to take such action as it may deem appropriate in light of this opinion.
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cjc
Citizen Username: Cjc
Post Number: 452 Registered: 8-2003
| Posted on Tuesday, November 18, 2003 - 12:31 pm: |
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I have a question. Since intra-family marriage is banned (currently in 24 states) due to genetic reproductive concerns....and that possibility isn't possible with same-sex couples....what is to stop a father from marrying his son if the son is of legal age? Or....first cousins of the same sex? If that's not 'good' or legally possible, why? Peronally, I'm for unions between same-sex couples in terms of inheritance, visitation, kids, adoption -- just about everything, but for some reason I think a slippery slope exists when you expand who can get married, and that's what is stopping me from jumping aboard the gay-marriage train. I mean, how can you justifiably stop something other than traditional marriage from expanding is there's no 'health' reason involved. If it's a morality question, how can someone force their morality upon two men within the same family unit to not marry?
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Duncan
Citizen Username: Duncanrogers
Post Number: 1129 Registered: 12-2001

| Posted on Tuesday, November 18, 2003 - 1:02 pm: |
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While really creepy..an interesting point. "You miss 100% of the shots you don't take" Wayne Gretzky
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Kenney
Citizen Username: Kenney
Post Number: 41 Registered: 11-2003
| Posted on Tuesday, November 18, 2003 - 1:07 pm: |
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We should focus benefits on families with children, not whether or not two people have legaling binded themselves together. |
   
cjc
Citizen Username: Cjc
Post Number: 453 Registered: 8-2003
| Posted on Tuesday, November 18, 2003 - 1:08 pm: |
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I know, and the only retort I got from a gay rights group to that question was "Well...we're not asking for that." But my conundrum is what if someone does ask for it, and how you can legally justify allowing one but not the other. |
   
sportsnut
Citizen Username: Sportsnut
Post Number: 718 Registered: 10-2001
| Posted on Tuesday, November 18, 2003 - 1:11 pm: |
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Kenney generally I agree with you but what about same sex partners with no kids. Should they be denied benefits because they are not legally bound together? |
   
drewdix
Citizen Username: Drewdix
Post Number: 385 Registered: 7-2001
| Posted on Tuesday, November 18, 2003 - 1:12 pm: |
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I think it's safe to assume that those 24 states adopted this law with no concept of same-sex marriage. Now, if some guy wants to marry his uncle, well, that's their business. I agree, let's not force our morality on others. So bad (or outdated) laws should be changed. If that's what the guy and the uncle want, it'll get challenged. But really, this is a very very small quantity of folks who may want to do this, and does not hold up the overwhelming number of good reasons for this. What issue is even close to 100% air tight? Your holding on- let it go, brother! It's 2003! Jump aboard, cjc, the train's leaving.
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Dr. Winston O'Boogie
Citizen Username: Casey
Post Number: 286 Registered: 8-2003

| Posted on Tuesday, November 18, 2003 - 1:14 pm: |
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I don't think the statutes prohibiting incestuous marriages are prefaced by any statements justifying them on grounds of health or morality concerns, so just ban them equally for hetero and same sex couples. how hard would that be? |
   
cjc
Citizen Username: Cjc
Post Number: 454 Registered: 8-2003
| Posted on Tuesday, November 18, 2003 - 1:15 pm: |
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So we can allow a father to marry his son if his son is of legal age, right?
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cjc
Citizen Username: Cjc
Post Number: 455 Registered: 8-2003
| Posted on Tuesday, November 18, 2003 - 1:17 pm: |
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If you ban them you're forcing your morality upon them. Is that fair, as it's the argument used against those who want allow same sex marriage. |
   
Dr. Winston O'Boogie
Citizen Username: Casey
Post Number: 287 Registered: 8-2003

| Posted on Tuesday, November 18, 2003 - 1:19 pm: |
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it's absolutely fair. we don't allow bigamy, polygamy, or polyandry either. this doesn't have to be a "slippery slope" that leads to people marrying relatives, pets, or garden gnomes, for that matter. |
   
Nohero
Citizen Username: Nohero
Post Number: 2427 Registered: 10-1999

| Posted on Tuesday, November 18, 2003 - 1:22 pm: |
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Interestingly, Tom Tomorrow addressed the "slippery slope" argument this week. |
   
cjc
Citizen Username: Cjc
Post Number: 456 Registered: 8-2003
| Posted on Tuesday, November 18, 2003 - 1:23 pm: |
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I know you say 'we don't have to' or 'it won't be many' -- but given what can happen in a court case, it's do-able to allow the above weird scenario. Would you allow a father to marry his 18 year old son, or mother to marry her 18 year old daughter, and on what grounds would you disallow that? If you use moral grounds, then those opposing same-sex marriage on those same grounds are as valid as you are. |
   
Kenney
Citizen Username: Kenney
Post Number: 42 Registered: 11-2003
| Posted on Tuesday, November 18, 2003 - 1:34 pm: |
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sports, yes. Since the main idea behind marriage benefits was to promote child rearing, why not base the benefits on number of children? |
   
cjc
Citizen Username: Cjc
Post Number: 457 Registered: 8-2003
| Posted on Tuesday, November 18, 2003 - 1:36 pm: |
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Because many people marry without having children for a variety of reasons, and they're not same-sex couples. Sure there are child-tax credits, and they're also looking to take out the marriage-penalty -- which doesn't require kids to apply. Nor should it, in my opinion. |
   
Kenney
Citizen Username: Kenney
Post Number: 43 Registered: 11-2003
| Posted on Tuesday, November 18, 2003 - 1:40 pm: |
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One of many examples of a screwed up tax system. A married couple pays more in taxes versus a couple just living together--yeah that makes sense. |