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Originally posted by markosity1973
These same arguments will be used by lawyers arguing for an incestual or polygamist marriage.
That was my point. Its what I would do if I were a lawyer. Once that barrier comes down no court of law would be able to deny either of these due to discrimination.
This is not meant to detract from the OP but just a side point since you brought it up. Now you may or may not be fine with this but it will happen and there are court cases pending as we speak on both of these issues.
I get where you are coming from and polygamy is one of those grey issues. It isn't my cup of tea, but at the end of the day if you were to argue it on pure religious grounds, then as with incest, there is plenty of precedent for it.
I think the legal precedent for incest would not be so strong due to the very real problem of inbreeding, which is why the law came in to practice in the first place. However, on religious grounds once again one can argue a point for it strangely enough.
Originally posted by Hopechest
Actually the issue of childbearing has been addressed by the Court and forgive me for not having the case off hand. It had to do with a lawsuit by parents on their daughters marriage to a man with HIV. They contended that the offspring may be inflicted with the disease but the court ruled that a marriage cannot be denied based on the possibility of harm to a future child.
They ruled it infringed upon the couples rights and since the child was not here yet, it was irrelevant. I will try and find the specific case for you.
Even given that, suppose the woman was infertile?
How could you deny them. I personally find it disgusting but if gay marriage is adopted I will agree that these other types of marriages have to be allowed also.
It would be discrimination not to allow them and if you've ever been to the Supreme Court I'm sure you've seen the statue of the blindfolded lady holding scales.
Justice is blind regardless of the subject matter.
Originally posted by markosity1973
Originally posted by Hopechest
Actually the issue of childbearing has been addressed by the Court and forgive me for not having the case off hand. It had to do with a lawsuit by parents on their daughters marriage to a man with HIV. They contended that the offspring may be inflicted with the disease but the court ruled that a marriage cannot be denied based on the possibility of harm to a future child.
They ruled it infringed upon the couples rights and since the child was not here yet, it was irrelevant. I will try and find the specific case for you.
Even given that, suppose the woman was infertile?
How could you deny them. I personally find it disgusting but if gay marriage is adopted I will agree that these other types of marriages have to be allowed also.
It would be discrimination not to allow them and if you've ever been to the Supreme Court I'm sure you've seen the statue of the blindfolded lady holding scales.
Justice is blind regardless of the subject matter.
We are getting off subject, but I definitely see your point. However, how is it that two people of the same sex can marry and nobody else in the first place? This is the first precedent that needs to be looked at. Who wrote this law and on what basis did they use to form the definition of marriage?
Bet you hands down that they used a biblical interpretation to create it. Which actually means that if you use the original spirit of the law and the original document it was based upon i.e the bible, you can easily argue the case for both incest and polygamy.
This does frighten me somewhat as my own moral compass finds these things disturbing, however if we go down the justice is blind path, you are correct.
However, if science were to prove that there is no harmful consequences in the case of incest (as long as it is within the bounds of legal consenting age) I would reluctantly accept it. Polygamy is one of those personal taste things, and while I disagree with it personally, I can't see what harm it causes and it is after all still practised in parts of the world to this very day.
edit on 13-5-2013 by markosity1973 because: (no reason given)
Originally posted by DarthMuerte
Until very recently, sodomy was ILLEGAL all over the country. I am not sure you have chosen the best argument there. If you and your boyfriend want to sodomize each other, do it in the privacy of your own bedroom. Why broadcast it all over?
Originally posted by markosity1973
reply to post by Hopechest
So your argument against gay marriage is then by taking extremely ridiculous (and illegal) scenarios
Originally posted by markosity1973
Originally posted by DarthMuerte
Until very recently, sodomy was ILLEGAL all over the country. I am not sure you have chosen the best argument there. If you and your boyfriend want to sodomize each other, do it in the privacy of your own bedroom. Why broadcast it all over?
Originally posted by markosity1973
reply to post by Hopechest
So your argument against gay marriage is then by taking extremely ridiculous (and illegal) scenarios
Actually, strictly speaking the act of Sodomy is a referral to anal sex, something that is also practiced by some heterosexual people. So it was an act that heterosexual people could be charged with too.
Be careful not to confuse the issue of once banned a sexual position with the concept of love, as the sodomy law meant that lesbian relationships were never illegal as a result for instance. This is one of the reasons the sodomy law was repealed in NZ - it was illogical and did not cover gay relationships properly in the first place as it only meant a male homosexual relationship was illegal and only if the act of anal sex was observed.
Not asking anyone to like gay sex here, just pointing pointing out the already observed flaws with some of the laws that have been repealed.
Originally posted by Hopechest
Well that's an easy one actually.
Society determines the rules and laws. When the institution of marriage, in the United States, was written, society determined it to be between a man and a woman.
Now if society is changing, which it always does, then homosexual unions probably will happen.
As a historian I look at trends and homosexuality was never considered taboo in the past. In fact, their is evidence from even the earliest societies that homosexuality was commonplace and not frowned upon whatsoever.
It wasn't until the boom of religion, the few hundred year period where we saw Christianity, Islam, Buddhism, and Confucious, that homosexuality was actually considered bad.
Societies go in circles...what's allowed one day is forbidden the next and this is a constant so perhaps we are seeing a return to our earlier days.
I'm as anxious as anyone to see how it turns out.
Originally posted by Hopechest
I guess at the end of the day marriage comes down to a religious ceremony so therefore gays should not partake.
As for legal rights, of course give them the same and let them develop their own, even better, ceremonies.
I feel they are trying to force their way into something that doesn't belong to them and wasn't made for them.
Originally posted by Hopechest
I guess at the end of the day marriage comes down to a religious ceremony so therefore gays should not partake.
As for legal rights, of course give them the same and let them develop their own, even better, ceremonies.
I feel they are trying to force their way into something that doesn't belong to them and wasn't made for them.
Originally posted by 200Plus
reply to post by markosity1973
You can look at what else was going on around the time the religions were rising: Pandemic diseases with high mortality rates. Some European cities lost up to 90% of their population. Islam required a high population to spread to all corners of the earth, while the European and Asian nobility need high populations to work the land. It stands to reason that homosexuality should "fall from grace" during this period as it does not produce offspring. Hence, why it was considered a "crime against nature" for so long (1983ish).