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Sorry for the long response, but I wanted to tie up some of my points. Having received more then a few PM's already, I understand that many members of this forum are not happy with me, to say the least, and have no desire whatsoever to continue this discussion. As it is not my goal to simply anger people, I will respect their wishes and stop posting in this thread. If you wish to PM me, I will still respond there.
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| Corellias Dream wrote: |
| You have rights that they don't. You keep trying to avoid this point. You claim homosexuals have all the same rights as youself - the many differences between the rights of same-sex unions and heterosexual marriage are pointed out - you claim that homosexuals may marry anyone you can, therfore they have the same rights - I pointed out that they don't want to marry the same people that you do and so don't have the right to marry whom they wish |
There are two complaints at play here that I think you are trying to argue. First, that homosexuals don't have the same legal liberties heterosexuals have. Second, that homosexual couples don't have the same legal benefits as married couples.
The first complaint is simply untrue. Any homosexual can marry and receive every one of the privileges and benefits of state-approved marriage. They just cannot marry someone of the same sex. These are rights and restrictions all citizens share equally. Clearly you find this to be an unsatisfying response, but it is a legitimate one, nonetheless.
Let me borrow my point from Kokle: Smith and Jones both qualify to vote in America where they are citizens. Neither is allowed to vote in France. Jones, however, has no interest in U.S. politics; he’s partial to European concerns. Would Jones have a case if he complained, "Smith gets to vote [in California], but I don’t get to vote [in France]. That’s unequal protection under the law. He has a right I don’t have." No, both have the same rights and the same restrictions. There is no legal inequality, only an inequality of desire, but that is not the state’s concern. The marriage law applies to each equally; everyone is treated exactly alike. Homosexuals want the right to do something that no one, straight or gay, has the right to do: wed someone of the same sex. Denying them that right is not in violation of the equal protection clause.
The second complaint gives you a potentially stronger case I think, but it also fails to make a definite reason. It’s true that homosexual couples do not have the same legal benefits as married heterosexuals regarding taxation, health care, etc. However, no other non-marital relationships between individuals, such as brothers, college roommates, fraternity or sorority brothers and sisters, etc, share those benefits either. For what reason should they? If homosexual couples face "unequal protection" in this area, so does every other pair of unmarried citizens who have deep, loving commitments to each other. Why should gays get preferential treatment just because they are sexually involved?
The state has a good reason for giving special benefits to marriages and not to others. It’s not because they are involved in loving and committed relationships. Many others qualify there. It’s because they involve children. Tax relief for families eases the financial burden children make on paychecks. Insurance policies reflect the unique relationship between a wage earner and his or her dependents. For example, if mom chooses to stay home and take care of her children, she and they are still covered. These circumstances, inherent to families, are not central to other relationships, including homosexual ones. The government has no obligation to give every human coupling the same entitlements simply to "stabilize" the relationship (as has been brought up). The unique benefits granted to marriage fit its unique purpose. Marriage is not meant to be a shortcut to group insurance rates or tax relief. It’s meant to build families.
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Claiming that feelings and wishes are irrelevant to marriage, or the state's view of marriage, is absurd.
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They are not irrelevant in the idea that they are not important. No one is making that argument. Certainly there should be love in a marriage. However love itself is not the reason for marriage. If marriage were about love, then the innumerable amounts of people throughout history who thought they were married were not. After-all, most marriages were arranged. If love was what defined marriage, then what use are vows? Vows do not sustain love; they are meant to sustain the union should love wane. A vow keeps a family together for the sake of children. Furthermore, the state does not ask questions about affections when granting a marriage license. No proof of love is required. Clearly, love is not what what defines a marriage.
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| As I have pointed out, many people get married with no intention of procreating. Exclusivity and permanence are important to them as individuals and as a couple. They care about one another, and wish to share their lives together: they do not need children to add 'purpose' to their relationship. |
Certainly some heterosexual couples do not have children, either by choice or circumstance. Just because in some individual cases marriage has not been fully actualized, it does not logically follow then that the purpose of marriage has somehow changed. If I were to use my books as doorstops, that does not then change the inherent purpose or nature of a book. Similarly, marriage is still oriented towards children, and while there are exceptions, they do not invalidate the rule.
Homosexuals have the right, in every state, to make a life-long, loving and monogamous commitment to each other. Clearly, as statistics show, almost none of them seem able to do this, but slapping the word "marriage" onto your relationship will not help you do that which you could not already. There is also no reason to think that among all the non-marital relationships, homosexuality somehow stands out as deserving of all marital benefits, simply because sexual acts are involved. To argue as such is to not understand what the purpose of marriage is.
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EDITS: More spelling and grammar revisions then you can shake a stick at 
Last edited by Autobon on Tue May 29, 2012 9:07 pm; edited 17 times in total
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