SCOTUS to take on allowing Gays to marry. What say you?

[BigRedChief]

There are two cases(DOMA and Proposition 8) to be heard by the SCOTUS this session.

At the base of the question is do gay Americans have the same rights as heterosexual Americans? And if so, do they need their constitutional rights protected at the federal level.

I've never had an openly gay friend, co-worker or family member. I did coach a little league baseball team. On that team I had a player with two Mom's. The players and the parents accepted the kid of the two Mom's as any other player. The other parents let their kids go over to the two Mom's house for sleepovers etc. It wasn't a factor to consider in the slightest.

I don't have any personal experience to know what rights is actually being denied. However, I believe that for whatever reason they were born that way. It's not a choice. You can't pray it out of them. You can't give them therapy and turn them into heterosexuals. They are what they are naturally and we should just accept them.

IMHO, the government/city/state/society have no right to tell it's citizens what two consenting adults do in the privacy of their own bedroom. some of our citizens who they can and who they can't love. Who they can and can't marry. History will not be kind to the discrimination of gays, with cause. It's time to end this era of gay discrimination.

[Direckshun]

Originally Posted by Dave

Why is that funny?

I don't give a shit if gays marry.

I don't care who gets marries.

None if it affects me, therefore, I just don't care.

I'll join BRC in finding this amusing.

[FD]

Originally Posted by Direckshun

9th amendment: just because a right is not in the Constitution does not mean it doesn't exist.

I see absolutely no difference in two gay people wanting to get married, and two black people wanting to get married. Do you?

The black couple can have children, something the state may have an interest in promoting.

[Direckshun]

Originally Posted by patteeu

Some states prevent both heterosexuals and homosexuals from entering into same sex marriage. If heterosexuals could do it but not homosexuals (or vice versa), then we'd have a equal protection issue.

You've made this argument a few times over the years, and it never fails to crack my shit up.

[Direckshun]

Originally Posted by FD

The black couple can have children, something the state may have an interest in promoting.

Most black couples can. Some are sterile.

Besides, all gay people can have children. Lesbians can be impregnated, gays can have their children birthed for them, or adopt.

This is your argument, though? This is the difference between gay marriage and black marriage? Baby making?

[patteeu]

Originally Posted by Direckshun

Do you think we should let the states decide if black marriages should be permitted?

No, we have a constitutional amendment that addresses that.

[Dave]

Originally Posted by Direckshun

I'll join BRC in finding this amusing.

Why do you give a shit who gets married?

If gay marriage is allowed or completely banned, I COULD NOT GIVE A SHIT LESS.

[patteeu]

Originally Posted by Direckshun

Is same sex marriage a right?

Of course not. Neither is traditional marriage.

Originally Posted by Direckshun

Should two black people have a right to get married to each other?

Two black people have a right to be treated the same way under our laws as two white people. We've got an amendment for that.

[Baby Lee]

Originally Posted by BigRedChief

But, they don't decide what is morally right for the country.

The SC has a long history of precedent leaving moral issues to community standards.

Playboys, conduct in strip clubs, blue laws [ie, days and number of hours per day spirits can be sold, methods of alcohol distribution [government stores, dedicated liquor stores only, no convenience stores, etc.].

[FD]

Originally Posted by Direckshun

Most black couples can. Some are sterile.

Besides, all gay people can have children. Lesbians can be impregnated, gays can have their children birthed for them, or adopt.

This is your argument, though? This is the difference between gay marriage and black marriage? Baby making?

Like I said, I'm pro marriage equality, but as a matter of the legal standard there is a difference that can be used to argue a state interest.

The trends on this issue are clear. Within a few years this issue will be resolved, and it will be a more durable change and better for our national culture as well as the SCOTUS if its done through ballots and not by judges.

[Direckshun]

Originally Posted by patteeu

No, we have a constitutional amendment that addresses that.

What's the difference in a gay couple getting married and a black couple getting married?

[Direckshun]

Originally Posted by FD

as a matter of the legal standard there is a difference that can be used to argue a state interest.

The problem is that you need a compelling interest to overcome strict scrutiny.

No such compelling interest exists.

[Baby Lee]

Originally Posted by Direckshun

Is same sex marriage a right?

Should two black people have a right to get married to each other?

They DO have right to marry. No one is storming garden parties where gay nuptials are being performed and jailing the brides/grooms.

The issue is more properly whether gay couples have the right to demand the government recognize the union they have made.

[patteeu]

Originally Posted by Direckshun

What's the difference in a gay couple getting married and a black couple getting married?

A gay man and gay woman can get married under traditional marriage laws just like a black man and black woman.

A black man and another black man are not allowed to marry under traditional marriage laws just like a gay man and another gay man.

So, in that sense there's no difference.

[FD]

Originally Posted by Direckshun

The problem is that you need a compelling interest to overcome strict scrutiny.

No such compelling interest exists.

I agree the argument I presented wouldn't withstand strict scrutiny, but the court has been wary about applying that standard to issues other than race, and as far as I know do not apply it to issues of sexual orientation.

[Baby Lee]

Originally Posted by Direckshun

9th amendment: just because a right is not in the Constitution does not mean it doesn't exist.

I see absolutely no difference in two gay people wanting to get married, and two black people wanting to get married. Do you?

In the former case, it's a gay couple.
In the latter case, it's a black couple.