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M-SO Message Board » 2003 Attic » Soapbox » Archive through December 13, 2003 » MA Supreme Court Allows Same-Sex Marriage » Archive through November 18, 2003 « Previous Next »

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us2innj
Citizen
Username: Us2innj

Post Number: 904
Registered: 5-2001
Posted on Tuesday, November 18, 2003 - 10:10 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Hopefully New Jersey will be next!
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court07040
Citizen
Username: Court07040

Post Number: 10
Registered: 8-2003
Posted on Tuesday, November 18, 2003 - 10:13 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Or perhaps UT will legalize bigamy again
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Duncan
Citizen
Username: Duncanrogers

Post Number: 1126
Registered: 12-2001


Posted on Tuesday, November 18, 2003 - 10:20 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

even if they're all the same sex?
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Nohero
Citizen
Username: Nohero

Post Number: 2425
Registered: 10-1999


Posted on Tuesday, November 18, 2003 - 10:29 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)


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:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

We should focus benefits on families with children, not whether or not two people have legaling binded themselves together.
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cjc
Citizen
Username: Cjc

Post Number: 453
Registered: 8-2003
Posted on Tuesday, November 18, 2003 - 1:08 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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.
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sportsnut
Citizen
Username: Sportsnut

Post Number: 718
Registered: 10-2001
Posted on Tuesday, November 18, 2003 - 1:11 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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?
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drewdix
Citizen
Username: Drewdix

Post Number: 385
Registered: 7-2001
Posted on Tuesday, November 18, 2003 - 1:12 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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?
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cjc
Citizen
Username: Cjc

Post Number: 454
Registered: 8-2003
Posted on Tuesday, November 18, 2003 - 1:15 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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.
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Dr. Winston O'Boogie
Citizen
Username: Casey

Post Number: 287
Registered: 8-2003


Posted on Tuesday, November 18, 2003 - 1:19 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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.
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Nohero
Citizen
Username: Nohero

Post Number: 2427
Registered: 10-1999


Posted on Tuesday, November 18, 2003 - 1:22 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Interestingly, Tom Tomorrow addressed the "slippery slope" argument this week.
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cjc
Citizen
Username: Cjc

Post Number: 456
Registered: 8-2003
Posted on Tuesday, November 18, 2003 - 1:23 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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.
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Kenney
Citizen
Username: Kenney

Post Number: 42
Registered: 11-2003
Posted on Tuesday, November 18, 2003 - 1:34 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

sports, yes.

Since the main idea behind marriage benefits was to promote child rearing, why not base the benefits on number of children?

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cjc
Citizen
Username: Cjc

Post Number: 457
Registered: 8-2003
Posted on Tuesday, November 18, 2003 - 1:36 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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.
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Kenney
Citizen
Username: Kenney

Post Number: 43
Registered: 11-2003
Posted on Tuesday, November 18, 2003 - 1:40 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

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.

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