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Proposition 8 Has Officially Passed

My intent of bumping this thread was to bring to JUB the chance we all could have to discuss this subject.

Little did I know this would be the cause of someone being ignored.

Wouldn't putting everyone, that you can't communicate with, on ignore defeat the purpose of joining a forum?

What do I know? Apparently not much.
 
Rights are only inherent if we agree they are inherent.

Let's look at that:
You're saying that rights arise from our agreement. But if they come from our agreement, then the origin of the rights is with us, the individuals. So rights can only come from agreement if they reside originally with the individual.
Thus rights are inherent.

You can't get anything out of a group that isn't already present in the individuals.

Besides that, your argument can be taken to mean "might makes right" -- unless you mean unanimous agreement. But if unanimous agreement is required to establish rights, it should be required also to establish laws. If you don't mean unanimous agreement, then you're left with no rights at all, because the majority can say anything at all -- like, gays have to register with the government, and post a pink triangle on their front doors, and....

So what it comes down to is that either rights are inherent in individuals, or there aren't any rights, just majority power.

Many rights have come and gone and thus are not static.

"We hold these truths to be self-evident: that all men are created equal, and are endowed by their Creator with certain inalienable rights...."
Rights come with creation, i.e. birth. Everybody has them, the same ones. They only "go" at death.
Rights are all corollaries of the self-evident truth "You own yourself". I can speak as I please, because I own myself; I can worship as I please, because I own myself; I can associate with whom I please, because I own myself; I can defend myself with the means of my choice, because I own myself -- and so on.
If you want to argue that any right at all can end, then you are claiming that I do not own myself, but am the property of someone else -- apparently, from your foundation of "agreement", the majority. That's what pure democracy does; it gives rights to the majority, and everyone else is property.

And yes if one wants a civil union they need to apply for one, it isn't gonna just appear out of thin air. Riddle me this batman: if a husband has 2 legal wives, gets in an accident and is on life support, one wife wants him to stay on, the other wants him off, who gets her way? If six people are legally married and by your ultra liberal ideals are able to adopt a child, what happens if say three of them divorce from the group. Is the child then suppose to be split now between 4 parties?

A bit of history: for people of wealth, especially nobles, there used to be things called "marriage contracts", which spelled out all the obligations, commitments, etc.
So the answer to all your questions is, "Whatever the marriage contract says".
Actually, in cultures where polygamy is approved, these things are already known.

"Ultra liberal ideals"? Classical liberal, yes -- so I thank you for the compliment. See, classical liberalism says that all humans are free individuals, and I subscribe to that whole-heartedly.
But by that measure, there's no such thing as "ultra-liberal" -- there's liberal, and there's authoritarian, and that's it. Either individuals have rights, and those rights are theirs, because they are inherent, or individuals are property, and have only privileges.

The implications of legalized group civil unions are not only immoral but are impractical. And plz show me any evidence that freedom of association has anything to do with marriage or gay marriage. As you argue it it seems a purely subjective interpretation. Is there any speech or statement quoted of the founders saying association meant marriage, gay marriage or group marriage?

"Immoral"?
By what standard? The only standard universally accessible by rational beings is that of self-ownership, i.e. freedom. Thus whatever any any competent individuals agree to amongst themselves -- what we call "mutually consenting" -- is moral.

1. Freedom of association -- I presume you read the Wiki statement -- means that any given person is free to associate with any other person or persons he or she so chooses, in whatever way those individuals may agree on.
2. Marriage is a form of association between individuals.
3. Therefore, marriage is a matter of freedom of association.

I've already quoted the most pertinent and well-known statement from the Founders, namely that "all men are created equal", etc. I have to ask, though, why -- if you think that rights come from our agreement -- what the Founders had to say is important to you? In many places the Founders and Framers both made plain that their conviction (and logical conclusion) was that rights come from being human beings.
After that, seeing that marriage is a matter of freedom of association is just dictionary exercise, a matter of definitions.

Also, how do you resolve group property in a group marriage if say one of them leaves. Laws need to make sense and be practical and enforceable and in the best interest of society.

Remember first of all that "society" is a myth, a mental construct we use to refer to a large collection of individuals. Logically, nothing can benefit society if it in any way harms individuals: the rights of the many are no different than the rights of the one.
The function of the law is to protect the rights of individuals. In the matter of freedom of association -- of individuals getting together in ways they find pleasing and beneficial -- and law which bars any form of association, or grants benefits and privileges to some who engage in a certain form of association, but not to others, is immoral. An immoral law is not valid, so the first concern of any law is that it be moral. In this case, association, the law must not in any way limit the freedom of individuals to associate as they please, and must grant the same benefits and privileges to all who associate in a given way.

So to answer your question, it's the same as above: however the marriage contract says. And this is a matter for contract, not for law, because the contract is the mode of definition of relationships between individuals, garnering its authority from their self-ownership and not from any State or society. For the law to endeavor to describe, in any event, all the possible ways in which individuals might choose to associate, would be futile -- besides impractical.

It seems to me that maybe you're suffering from the impression that because government has laws about a thing, that government is the origin of the thing, and the source of its authority. That is erroneous: government derives its authority "from the just consent of the governed", and has no power or authority to initiate anything at all, but only to regulate things which arise from the individuals which have consented to it, or to exercise on behalf of individuals duties delegated to it.
 
If people cud make respectful points without insulting, condescending or dismissing the content of one's post bcuz they abbreviate the word should, then yes ignore wudn't be needed. Unfort. there are members here bitter about their lives using this forum as therapy. I have been asked by the mods to just ignore jerks on here rather than be rude back.

I have found that if you don't put them on ignore you can see what they are posting. I just do not respond to any of their posts and it works fine for me.
And, too, I can laugh at them as they try to be clever or whatever.
 
So what it comes down to is that either rights are inherent in individuals, or there aren't any rights, just majority power.

It's doesn't have to be one or the other. In a corporation, shareholders have individual rights, shareholders comprising a majority have majority power and the constitution agreed or imposed on the shareholders by virtue of their status as shareholders can also expand and restrict shareholder rights.

1. Freedom of association -- I presume you read the Wiki statement -- means that any given person is free to associate with any other person or persons he or she so chooses, in whatever way those individuals may agree on.
2. Marriage is a form of association between individuals.
3. Therefore, marriage is a matter of freedom of association.

I don't know that, as a matter of constitutional law and precedent, marriage falls within freedom of association. Maybe it does. But either way, the constitution permits restrictions and limitations. You can't panic a crowd by shouting "fire", if no fire exists, and can't freely associate sexually with a minor, etc. You can't marry more than one person at a time. Whether that person has to be of a different sex is what the current debate is about.

If you want to widen that discussion into other associations, each instance is a separate discussion.


Logically, nothing can benefit society if it in any way harms individuals: the rights of the many are no different than the rights of the one.

That's simply not true. Many forms of self-expression by individuals are constrained to benefit society. Try flashing your neighbors. LOL.

The function of the law is to protect the rights of individuals. In the matter of freedom of association -- of individuals getting together in ways they find pleasing and beneficial -- and law which bars any form of association, or grants benefits and privileges to some who engage in a certain form of association, but not to others, is immoral. An immoral law is not valid, so the first concern of any law is that it be moral. In this case, association, the law must not in any way limit the freedom of individuals to associate as they please, and must grant the same benefits and privileges to all who associate in a given way.

Again simply not true. You're using the same homophobic and extremist logic that the religious loonies use to argue that, if you open the door to gay marriage, you "logically" have to open the door to men marrying donkeys, minors, multiple spouses, etc.

The definition of marriage, whether you see it as a constitutionally protected freedom of association or not, has been repeatedly renegotiated within societies from defining women as the men's chattel, to being subject to termination for fault and then for "irreconcilable differences", etc.

Your argument is a reduction to the absurd. Allowing one more door to be opened doesn't mean that all doors have to be opened or that it isn't right to make sure that some doors remain permanently shut.
 
It's doesn't have to be one or the other. In a corporation, shareholders have individual rights, shareholders comprising a majority have majority power and the constitution agreed or imposed on the shareholders by virtue of their status as shareholders can also expand and restrict shareholder rights.

A corporation is an artificial entity which can do what its members wish. Anything between it and its shareholders are a matter of contract; rights are not involved. The only place rights enter in for a corporation is that individuals have the right to enter into contracts. That right, as all rights, is inherent.

No artificial entity can invent or bestow rights, because its only source of authority is its members, and it cannot bestow what hasn't been delegated to it.

I don't know that, as a matter of constitutional law and precedent, marriage falls within freedom of association. Maybe it does. But either way, the constitution permits restrictions and limitations. You can't panic a crowd by shouting "fire", if no fire exists, and can't freely associate sexually with a minor, etc. You can't marry more than one person at a time. Whether that person has to be of a different sex is what the current debate is about.

If you want to widen that discussion into other associations, each instance is a separate discussion.


Is printing a book a separate discussion from printing a newspaper, or a magazine, a comic book, a political pamphlet?

Either individuals can associate with one another as they choose, or they can't. Either they can freely join together in a marriage-like relationship, or not. To allow some individuals the legal privilege of doing so but not others is discrimination. So to fight for adding this one form to the authorized list is to fight for altering the structure of discrimination; it is not to fight for freedom.

"You can't marry more than one person at a time" is a statement of a discriminatory position, not merely under freedom of association, but under the First Amendment.

So, once again, you're arguing for special privileges, and continued discrimination, not freedom or rights.

Again simply not true. You're using the same homophobic and extremist logic that the religious loonies use to argue that, if you open the door to gay marriage, you "logically" have to open the door to men marrying donkeys, minors, multiple spouses, etc.

The definition of marriage, whether you see it as a constitutionally protected freedom of association or not, has been repeatedly renegotiated within societies from defining women as the men's chattel, to being subject to termination for fault and then for "irreconcilable differences", etc.

Your argument is a reduction to the absurd. Allowing one more door to be opened doesn't mean that all doors have to be opened or that it isn't right to make sure that some doors remain permanently shut.

There's nothing homophobic about freedom. If you can't tell the difference between freedom for all and homophobia, you've got a serious problem. Can you name the logical fallacy you're indulging in here?

There's no "negotiation" allowed here. There's the First Amendment, and that's the end of it. We have religions in the U.S. which allow multiple-person marriages -- if you want to broaden the definition of religion, we have at least one religion which has a ceremony and relationship for gays which is equal to marriage. That you invoke previous forms of oppression and discrimination is telling, since what you're arguing for is more discrimination and oppression.

There are two doors we're talking about here: religious freedom (and its flip side, religious oppression), and freedom of association. By your words, you believe in oppression on both matters, rather than in freedom.

Not surprising, really.
 
A corporation can't just do what its members wish. It has to operate within a framework of law imposed on it by legislation and case law. It has a right not be harmed by the negligence or other tortious actions of others. And its members have their own rights as individuals and in their status as shareholders. A company has, for example, its own right not to be negligently advised and that right does not reside with its individual shareholders.

So your notion that rights either reside in the individual or they don't exist (and all you have is majority power) is misconceived and just plain wrong.

Of course, the fact that a man can marry a woman, but a pedophile can't marry a child is discriminatory against the pedophile. Are you saying that that that discrimination is wrong?

Many constitutionally protected rights have limits and constraints.

If your religion tells you that you have the right to kill your unmarried, but sexually active, daughter. is it oppressive for the state to tell you that you don't have the freedom to exercise that right?

If the constitution protects your freedom of association, is it oppressive for the state to tell you that you can't exercise that freedom by having sex with children?

You seem to believe that Constitutionally protected rights and freedoms are absolute. They're not.
 
Everything must fall within reason. Unfortunately reason is majority opinion and we are minority.

Spense that last post is awfully obsessed with children and sex. You should take a card from your religeous nut cohorts and throw in some bestiality swipes too.
 
Everything must fall within reason. Unfortunately reason is majority opinion and we are minority.

Well, no. Reason is not majority opinion.

Reason is a system which recognizes that the majority is sometimes unreasonable, vicious, or wrong. Reason is a system that can override the majority will when it violates agreed upon principles of governmental authority. Those principles are found in our Constitutions and the jurisprudence they have engendered, and our judicial system offers the procedure for challenging the will of the majority without resorting to bloody revolution.

Moral suasion, political activism, and judicial challenge must be pursued simultaneously to effect stable change.
 
Spense that last post is awfully obsessed with children and sex. You should take a card from your religeous nut cohorts and throw in some bestiality swipes too.

I don't think mentioning it twice, in arguing against linking gay marriage with opening the door to every other type of association, counts as obsession. So quit with the projection. LOL.
 
A corporation can't just do what its members wish. It has to operate within a framework of law imposed on it by legislation and case law. It has a right not be harmed by the negligence or other tortious actions of others. And its members have their own rights as individuals and in their status as shareholders. A company has, for example, its own right not to be negligently advised and that right does not reside with its individual shareholders.

You misread so well, to put things into something they aren't.
A corporation can "just do what its members wish". This has nothing to do with exterior items, it has to do with the nature of the corporation: as an artificial entity, it has no rights, no authority, no existence apart from its members. "What its members wish" is just exactly what it can do, and the only thing it can do. It is a creature of its members, an extension of their wishes and wills.
The "right" of a corporation not to "be harmed by the negligence" or other actions of outsiders is a fictitious right; the right does not belong to the corporation, but is merely the rights of the members in aggregate. Since the members have the right to not be harmed in their joint endeavor, the corporation is deemed as having that right.
The same is true of the "right not to be negligently advised": that "right" arises from the right of the individual shareholders to not be "negligently advised" in their joint endeavor. The right is spoken of as belonging to the corporation, but that's just a matter of convenience (and of grammar... but I can't recall the specific designation for this).

So your notion that rights either reside in the individual or they don't exist (and all you have is majority power) is misconceived and just plain wrong.

If you can say that, you have no conception of what rights are, and are thinking in very muddled fashion to boot. There's nowhere rights CAN reside but in the individual.

Of course, the fact that a man can marry a woman, but a pedophile can't marry a child is discriminatory against the pedophile. Are you saying that that that discrimination is wrong?

That doesn't even deserve comment -- it just shows that you understand neither rights nor discrimination.


If your religion tells you that you have the right to kill your unmarried, but sexually active, daughter. is it oppressive for the state to tell you that you don't have the freedom to exercise that right?

No religion can "tell you that you have the right to kill your unmarried... daughter". Rights arise from the mere existence of the individual, from the first thing knowable ("I think; therefore I am") and the basic, prime self-evident truth of self-ownership.
Basic among rights is the right to life. That daughter has that right, and there cannot exist a right to take it away. The function of the state -- the only legitimate and moral function -- is to protect the rights of individuals, so not only can the state tell me not to kill my unmarried daughter, it is its proper function to do so.
That you could even ask the question once again demonstrates you have no understanding of what rights are.



If the constitution protects your freedom of association, is it oppressive for the state to tell you that you can't exercise that freedom by having sex with children?

You seem to believe that Constitutionally protected rights and freedoms are absolute. They're not.

You seem to believe that rights are something whimsical and arbitrary, or you wouldn't come up with such moronic situations that have nothing to do with them.
 

Spense that last post is awfully obsessed with children and sex. You should take a card from your religeous nut cohorts and throw in some bestiality swipes too.

I don't think mentioning it twice, in arguing against linking gay marriage with opening the door to every other type of association, counts as obsession. So quit with the projection. LOL.

You do seem obsessed, with the notion that somehow "rights" can involve harming the innocent. That's as nasty an obsession as what mazda suggests.
 
^ The fact that you can't even grasp the basic Law 101 distinction between a corporation and its shareholders explains your misconceived notion that rights can only reside in an individual.

All you're doing is ducking and weaving around the truth that constitutionally protected rights are not absolute and unfettered.

Redefining a constitutionally protected right does not negate it or result in having to expand it to all other circumstances.

It's really not that hard a concept to grasp. Much like being able to acknowledge that there might be errors in the Bible....oh never mind. LOL.
 
^ The fact that you can't even grasp the basic Law 101 distinction between a corporation and its shareholders explains your misconceived notion that rights can only reside in an individual.

Oh, you believe that utter nonsense that a corporation has existence apart from its shareholders?
That's the root of all the ability of corporations to corrupt both the economy and politics. It's also a lie.

Show me a corporation with its own DNA, and I'll grant that corporations might possibly have rights. Show me a corporation that can pass an IQ test...
I know your "Law 101 distinction", and it's a fiction devised to get people out of facing responsibility for their own actions.
Rights do not arise from law, and law cannot grant rights. It can use the term, but anywhere that it speaks of "rights" that do not arise inherently, it is engaging in lies, and is automatically suspect.
 
^ Corporations are a legal fiction designed, not to avoid responsibility, but to define what assets are available to meet that responsibility. As such, others may, or may not, choose to deal with them as they would with any natural person with the same assets and offering the same terms and limitations. These legal fictions have enabled enormous business expansions over the years that would simply not have occurred, if everyone had to expose all their assets to every commercial risk they took, or if corporations were purely a vehicle for avoiding responsibility as you naively suggest.

Your distinction between inherent and non inherent rights is the real fiction that you ignore. Sure it's possible to recognize and designate certain rights as inherent and inalienable, but those rights aren't recognized as such until they're so designated. Different societies, periods and even individuals can, and do, disagree about what rights are, and aren't, inherent.

But the main thrust of this exchange isn't any of that. It's the part that you've tap danced around and are now ignoring, namely that constitutionally protected rights aren't absolute and unqualified.

Just as freedom of speech can be defined, restricted and expanded, without being negated or made applicable to all circumstances, so can freedom of association.

If you recognize that fact, then your notion (that one can't promote gay marriage without promoting every other sort of association) is revealed as the self-indulgent and abstract conceit that it is.
 
Spense, I' not "tap=dancing" around anything. Until you grasp what rights are, namely, logical extensions of the self-evident fact of self-ownership, there's not much point trying to explain.
The fact is that the only things which 'limit' rights are other rights. Any artificial limitation, i.e. any limitation that does not grow out of rights, is immoral.
What you're advocating is immoral, because it's an artificial limitation of freedom of association.
 
^ Is your proposal, of having both gay and straight religious unions also registered with the state, immoral or do you give that a pass?

In any event, idiosyncratic moral opinions about the basis of limitations on constitutionally protected rights are irrelevant to the legality of such limitations and rights.

I'm simply suggesting to you that you take the tin foil from your head and acknowledge reality. LOL.
 
^ Is your proposal, of having both gay and straight religious unions also registered with the state, immoral or do you give that a pass?

In any event, idiosyncratic moral opinions about the basis of limitations on constitutionally protected rights are irrelevant to the legality of such limitations and rights.

I'm simply suggesting to you that you take the tin foil from your head and acknowledge reality. LOL.

I have no such proposal. My proposal is that people merely have to register unions with the government. Since the government is not allowed to discriminate, there would be no such thing as a "gay civil union" or a "straight civil union", a "religious civil union" or a "non-religious civil union". There would be registered unions, plain and simple.

The opinion in your second paragraph is the foundation of likely every intrusion onto our constitutional rights. It is the principles behind the Constitution which make it a unified document -- a fact you fail to grasp.

Reality is exactly what I'm talking about. You're quite stuck on artificiality.
 
^ So would your proposal recognize any limitations on registered unions?

Also how would things work internationally?

Constitutionally protected rights and freedoms have been amended and updated. Gay marriage is simply a further update.

Whether you regard that as artificial or against some underlying principle behind the Constitution may be of interest to you, but it's irrelevant to the legalities involved.
 
^ So would your proposal recognize any limitations on registered unions?

Only what people impose on themselves -- the government has no business limiting freedom of association.


Also how would things work internationally?

I don't particularly care -- that's their problem. I'm interested in my country being a free country' my concern isn't for the rest of the world much.
 
^ So the notion of morally or legally inappropriate or conflicting associations doesn't come up in your scheme of things?

Would, for example, a father be permitted to register a union with his adult and consenting daughter?

Would you be able to register multiple unions at the same time? What happens, if the property rights in one union conflict with another or if different participants in the union, or unions, claim child custody? Simply awarding custody to the biological parents isn't always possible or appropriate.

Lack of international recognition is hardly a step forward for freedom. More a recipe for uncertainty and large legal invoices.
 
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