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Old 04-17-2008, 01:13 PM
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Originally Posted by Sadistic-Savior View Post
What precedent are you citing for that?
i dont have to cite a precedent. you know as well as i do that under due process of law you can make any laws and remove any laws and its all legal. you can remove any and all ammendments and any other alws as long as its under due process(legally).


Quote:
Ok. Give me an example of something that was outlawed (and not overturned by the courts) even though the government had no compelling interest.
drinking age. i think it was MADD that lobbied to change it to 21. how about legal adult age. we see fit that it is 18 and not 21 and not 16. like i said, as long as a law is passed with due process, its fine.

Quote:
The government has a compelling interest in that case. Sidewalks are public property and have to be shared by everyone.
agreed. and we made that law as we saw fit.
[quote]
I explained why. I used incest as an example. The government has a compelling reason to deny those forms of marriage. Its not just because they are "gross". [quote] not true for all cases. can you make the argument for twins? neither techincally has an overbearing power over the other.
[quote]
Because some forms of marriage infringe on rights (underage marriage) or put people at risk (incest). [quote] some. not all. thats very important because youre leaving out big groops. incest between two cousins puts who at risk? and how does underage marriage infringe on anyones rights?
Quote:
What is the compelling reason to deny gay marriage?
the topic of family environment. theres a difference between a couple and a family. do you want to argue for the couple issue or for the family issue?
Quote:
Current laws are structured around couples. Multiple spouse marriage would therefore be unfair to one or more of the spouses, since they could not all be treated equally under the existing laws.
so you want to deny someone their right to marriage because you dont want to change the other laws to include multiple parteners? whats the difference between that and someone that doesnt want to change the marriage deffinition because they dont want to change the laws? do you have a compelling argument for it?
BTW the government (ie. laws) doesnt come before the people so passing laws or denying rights because of and inconvenience for the legislation is not a compelling argument, in fact, im pretty sure its unconstitutional seeing as how the people provide the power not the laws.

Quote:
Gay marriage would not require a restructuring of current laws.
yes it would but its irrelevant. see above.

Quote:
How is it discriminatory?

Incest is technically legal. A father can marry his daughter, as long as they are not blood relatives.
im talking about blood relatives.



Quote:
How did you determine that it is the exception to the rule?
because it was out of context that i have set up which was that both parties were of legal age and consenting to it.



Quote:
The exact same situation applies. The state has a compelling interest to minimize the possibility of an inbred child or long term psychological victimization.
so your reasoning is based on sexual behavior? and *possible* psychological victimization? how would you prove that that couple shouldnt be suited to be married?
[quote]
Cousins are allowed to marry in some states. [quote] even immediate cousins?


Quote:
Because in gay relationships no one is being victimized. Therefore the state has no compelling interest in denying them IMO.
thats not true. the victim could be offspring.
Quote:
So you dont have a problem with legalizing incestuous marriage?
as long as all parties are consenting and no one is being harmed, then no. my problem is not with marriage, but with abuse. as long as abuse is punished its fine.



[quote]
Please cite your precedent where a child has been bound to the terms of a contract, with or without his parent's consent.

No, probation is a punishment.

The parents are liable for them...not the children. If the child does not fulfill the terms of the contract, what are the consequences for the child?

There are none. Please cite an example to the contrary. A child cannot bind himself to a contract. If the parents sign for him, it is the parents that are responsible, not the child.
[quote]

ill answer these together. when my friend was younger he got caught with pot on him and he had a choice; serve time or probation for 3 years and he picked probation andthe rule was that if he broke his probation he would sereve the time even if he had just one more day on probation. he was underage. that doesnt sound like a contract to you?

definition of contract
con·tract Audio Help /n., adj., and usually for v. 15–17, 21, 22 ˈkɒntrækt; otherwise v. kənˈtrækt/ Pronunciation Key - Show Spelled Pronunciation[n., adj., and usually for v. 15–17, 21, 22 kon-trakt; otherwise v. kuhn-trakt] Pronunciation Key - Show IPA Pronunciation
–noun
1. an agreement between two or more parties for the doing or not doing of something specified.

Quote:
If they believe otherwise, they are wrong. Love is insufficient reason to make a certain form of marriage legal.
certain forms? as in some forms are okay with love being the only premise?
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  #42 (permalink)  
Old 04-17-2008, 01:27 PM
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Originally Posted by beachbum View Post
i simply pointed out that there are restrictions on may of the things we can do.
whos advocating that?
you dont think the word gay is a little misleading? how can straight people take part in gay marriage. you probably mean civil union.
everyone is allowed to marry.
its only important if a group is not allowed to mary but current laws allow everyone to marry.
couples arent given any rights.
actually, they are relevant. you said the marriage definition should be changed. why change it just for gays? like i said, everyone has the rights. the law doesnt protect couples. the law protects individuals.

but of course youre not going to answer my question because you know that it would destroy your argument. like you said, its a slippery slope.. i just thaught you actually had a little back bone to either say that they should all be legalized or non should be legalized.

no i wouldnt. i discriminate equally jk

why wont you debate the issue? im sure if i started a new thread with that topic you wouldnt be all over it defending their "rights to marry" like you are for gays. youre no different then those that want to ban gay marriage.. youre just on the other side of the isle.

i was giving an example of a contract a child enters. you made the point that children cant enter contracts. i proved you wrong with my example but you proved nothing with yours.

thats not true. they have a choice. if you have a choice between two things and you chose one with certain premises thats a contract.
yes they are..
thats why i said all parties involved must be consentful.


i wonder how youre going to not answer the questions again.. probably by disregarding them and asking more questions that ill be actually answering.
I adovocate for the change in the definition of marriage because it represents the only union that was recognized under law. It is a discriminatory law not because gay people can't also marry under the law, but rather because it is discriminatory against individuals who wish to form a union other than between a man and a woman. If all the same rights and protections under the law could be established under civil union, I would be fine with that. But the fact is by giving it a different word, we risk a "separate but equal" situation where these unions are treated as anything but equal with regard to protections and rights under the law.

Marriage itself should never have been made into the law. It should have been union. While the definition itself may be the innocent union between a man and a woman, the fact that it was the word choice encoded into law to describe the unions under the law that makes it discriminatory. The word has no place in government, it should be given back to the people and churches who claim ownership.

And you did nothing to refute my argument about contracts. You merely said it's a contract because there is a choice. You ignored the compelling and overbearing force the other parties might have had in the matter. This is not a contract. Otherwise if I held a gun to your head and gave you the choice of your life or you signing over all of yoru assets to me, this would be a contract under your rules. It's not. The government has power over the individual regardless of if he signs the contract or not. It's saying you ahv ea choce... go to prison or go on probation. This is not a contract.
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  #43 (permalink)  
Old 04-17-2008, 03:34 PM
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Quote:
Me: What precedent are you citing for that?

i dont have to cite a precedent.
So you are saying I should take your word for it?


Quote:
you know as well as i do that under due process of law you can make any laws and remove any laws and its all legal.
If I agreed with you on that point, we wouldn't be arguing about this.

You could technically pass a law that says fat people arent allowed to wear tube tops in public because its gross. But it would be nullified by the judicial branch almost immediately.


Quote:
you can remove any and all ammendments and any other alws as long as its under due process(legally).
And the judicial branch will make them null and void unless you can prove the state has a compelling reason for them.


Quote:
Me: Ok. Give me an example of something that was outlawed (and not overturned by the courts) even though the government had no compelling interest.

drinking age. i think it was MADD that lobbied to change it to 21.
Compelling reason is because of the number of drunk driving accidents caused by people under 21. I dont agree with it personally, but the state did.



Quote:
how about legal adult age.
Compelling reason is that the state feels people under the age of consent lack the life experience to make decisions in their own best interest.



Quote:
like i said, as long as a law is passed with due process, its fine.
The examples you have given so far have compelling reasons behind them.


Quote:
Me: I explained why. I used incest as an example. The government has a compelling reason to deny those forms of marriage. Its not just because they are "gross".

not true for all cases. can you make the argument for twins? neither technically has an overbearing power over the other.
I disagree. It is common for twins to have one dominant.


Quote:
Me: Because some forms of marriage infringe on rights (underage marriage) or put people at risk (incest).

incest between two cousins puts who at risk?
Any child they might conceive, deliberately or accidentally. That raises the issue of birth defects.

But like I said, some states don't agree that even that is sufficient compelling reason.


Quote:
and how does underage marriage infringe on anyones rights?
Because Children cannot consent to marriage. I explained above the compelling reason for that...why the law recognizes an age of consent.


Quote:
Me: What is the compelling reason to deny gay marriage?

the topic of family environment.
That is what many theists argue. I don't agree though.


Quote:
theres a difference between a couple and a family. do you want to argue for the couple issue or for the family issue?
I would argue that allowing gays to marry does not affect the family at all.

Marriage is obviously not about family...if it were, the government would not permit couples to marry who could not have children (sterile) or who had no intention of having children. Straight people can marry for any reason or no reason at all.


Quote:
so you want to deny someone their right to marriage because you dont want to change the other laws to include multiple parteners?
Yes.

I am not opposed to allowing polygamy for moral reasons. Just practical ones. If there is enough demand for it, I would not be opposed to changing the laws to accommodate them. So far I have not seen a huge demand for polygamous marriage.


Quote:
whats the difference between that and someone that doesnt want to change the marriage deffinition because they dont want to change the laws? do you have a compelling argument for it?
Yes. I already gave it actually:


Quote:
Sadistic-Savior already wrote: Gay marriage would not require a restructuring of current laws.
Hope that helps.


Quote:
Me: So you don't have a problem with legalizing incestuous marriage?

as long as all parties are consenting and no one is being harmed, then no.
So much for the Family Values angle eh?

You think incest marriage is ok, but gay marriage is not?


Quote:
Me: Cousins are allowed to marry in some states.

even immediate cousins?
Yes.

http://www.ncsl.org/programs/cyf/cousins.htm




Quote:
Me: Because in gay relationships no one is being victimized. Therefore the state has no compelling interest in denying them IMO.

thats not true. the victim could be offspring.
Explain to me how two gay men could have a child with each other.



Quote:
ill answer these together. when my friend was younger he got caught with pot on him and he had a choice; serve time or probation for 3 years and he picked probation andthe rule was that if he broke his probation he would sereve the time even if he had just one more day on probation. he was underage.
Thats a punishment. Not a contract. The terms are therefore irrelevant, since it is all punitive.

A contract is not punitive. A contract is a free agreement between two people. You cant choose to agree to a punishment if it is being imposed on you.


Quote:
that doesnt sound like a contract to you?
No.



Quote:
definition of contract
con·tract Audio Help /n., adj., and usually for v. 15–17, 21, 22 ˈkɒntrækt; otherwise v. kənˈtrækt/ Pronunciation Key - Show Spelled Pronunciation[n., adj., and usually for v. 15–17, 21, 22 kon-trakt; otherwise v. kuhn-trakt] Pronunciation Key - Show IPA Pronunciation
–noun

1. an agreement between two or more parties for the doing or not doing of something specified.
Emphasis mine. He never had the choice not to agree. It is a punishment that is imposed on him, not an agreement he willingly signed. He didn't agree to either, he was simply forced to choose between the two.

The law does not recognize what you described as being a contract.



Quote:
Me: If they believe otherwise, they are wrong. Love is insufficient reason to make a certain form of marriage legal.

certain forms? as in some forms are okay with love being the only premise?
"Love is insufficient reason to make a given form of marriage legal." Happy?
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  #44 (permalink)  
Old 04-17-2008, 10:13 PM
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Originally Posted by Kazan View Post
Now being gay on the other hand is not a physical trait or skin color it is a sexaul preference.
Sexual orientation, I think you mean.
Your orientation cannot be chosen, it's just something you are. Gay people don't choose to be gay anymore than straight people choose to be straight. However, we do choose who we have relationships with. A straight person could choose to have sex with a gay person, just as a gay person could choose to have sex with a straight person, despite the fact there is no sexual attraction.
No one is going to want to be in a relationship with someone they feel no attraction to, which is why we choose to be with those who do attract us.

Not sure if everyone will get what I mean here, but hopefully, you will.
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Old 04-17-2008, 10:41 PM
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Originally Posted by Makedde View Post
Sexual orientation, I think you mean.
Your orientation cannot be chosen, it's just something you are. Gay people don't choose to be gay anymore than straight people choose to be straight. However, we do choose who we have relationships with. A straight person could choose to have sex with a gay person, just as a gay person could choose to have sex with a straight person, despite the fact there is no sexual attraction.
No one is going to want to be in a relationship with someone they feel no attraction to, which is why we choose to be with those who do attract us.

Not sure if everyone will get what I mean here, but hopefully, you will.
Certainly I understand what you are saying, and I'm sure many of those against rights for gays understand too. There are just too many other issues we are dealing with such as

what's the limit to marriage if gays are allowed
Whether or not it is a choice, that doesn’t mean it is right
it's "unhealthy"
it's "un natural"

and all sorts of fun filled arguments we come against that don't care if sexual orientation is chosen or not.


So first we have to establish that homosexuality is not "wrong" for whatever reason to begin with.

Then we have to establish why homosexual couples should get the same legal treatment of a heterosexual couple.

Top that off with all the circular arguments we are facing and those who believe they are infallibly right by the dictates of god...
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Old 04-18-2008, 09:30 AM
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Originally Posted by eleanoraquitaine View Post

"While several studies find homosexuality in humans and other animals is biological rather than learned, a question remains over whether it's a hard-wired phenomenon or one that can be altered.
Yes and if I remember correctly, Michael Jackson used to be black.
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Old 04-18-2008, 06:30 PM
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Originally Posted by JeffLV View Post
I adovocate for the change in the definition of marriage because it represents the only union that was recognized under law. It is a discriminatory law not because gay people can't also marry under the law, but rather because it is discriminatory against individuals who wish to form a union other than between a man and a woman.
then why are you advocating for gay marriage? until now, you said nothing about civil unions..
Quote:
If all the same rights and protections under the law could be established under civil union, I would be fine with that. But the fact is by giving it a different word, we risk a "separate but equal" situation where these unions are treated as anything but equal with regard to protections and rights under the law.
thats not true. if it were made seperate but equal then it would be treated as such. if you dont change the name, you take the risk of discrimination between those who refuse to recofnize gay marriage as marriage(which IMO is more likely).

Quote:
Marriage itself should never have been made into the law. It should have been union. While the definition itself may be the innocent union between a man and a woman, the fact that it was the word choice encoded into law to describe the unions under the law that makes it discriminatory. The word has no place in government, it should be given back to the people and churches who claim ownership.
the government is the people. it was never taken away. people hold the power, not the government.

Quote:
And you did nothing to refute my argument about contracts. You merely said it's a contract because there is a choice. You ignored the compelling and overbearing force the other parties might have had in the matter.
no i didnt overlook the possibility. your statement is subjective. the word "might" can go either way.
[/quote]
This is not a contract. Otherwise if I held a gun to your head and gave you the choice of your life or you signing over all of yoru assets to me, this would be a contract under your rules. It's not.[/quote] i agree. but what youre stating is a situation out of the hands of the court system. a contract in a court setting that goes through due process is completely different and you know it.
Quote:
The government has power over the individual regardless of if he signs the contract or not.
thats not true.

Quote:
It's saying you ahv ea choce... go to prison or go on probation. This is not a contract.
yes it is. it goes through the legal system, it has terms and conditions.. sounds like a contract to me.
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  #48 (permalink)  
Old 04-18-2008, 07:32 PM
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Originally Posted by beachbum View Post
then why are you advocating for gay marriage? until now, you said nothing about civil unions..
Because I consider the difference to be a silly issue of semantics irrelevant to any moral issues at hand.
Quote:
thats not true. if it were made seperate but equal then it would be treated as such. if you dont change the name, you take the risk of discrimination between those who refuse to recognize gay marriage as marriage(which IMO is more likely).
I think recent history has spoken for itself that the issue is with civil unions, not marriage. People with civil unions are not recognized by the federal government, they are not necessarily recognized across states, and they are having more difficulty enforcing hospital rights and to make medical decisions than married couples.

We only need one entity to recognize gay marriage... the government. After that, the rest will follow by act of law where the government has jurisdiction (for instance, not in churches). Civil unions, on the other hand, need to be recognized in every state and by the federal government with the same rights to be comparable to marriage.
Quote:
the government is the people. it was never taken away. people hold the power, not the government.
Irrelevant. The people have done many discriminatory things, for instance make it illegal for a black person to marry a white person. I know you said you were not sure what I was talking about before, but this is what I was talking about. In the past, some states encoded this into law. This is why I mocked you by saying:

"Everyone has the right to get married, two blacks, two whites. there is no discrimination"
Quote:
no i didnt overlook the possibility. your statement is subjective. the word "might" can go either way.
That statement was vague because I was referring to “possible” contracts in general. In a case where one party does have significant force over the other, there is no contract and it will be thrown out in court.
Quote:
i agree. but what you’re stating is a situation out of the hands of the court system. a contract in a court setting that goes through due process is completely different and you know it.
Um, no I don't know it.... that's why I used it as an argument. If the government holds a threat that they will imprison you, or if I hold a gun to your head, both of these cases are examples where the other party has significant force over the other one, and is thus not a contract. However, in the court system it doesn’t need to be a contract because it is a punishment proceeding following the due process of law. This is different.
Quote:
thats not true.
Yes it is. They have the power to imprison.
Quote:
yes it is. it goes through the legal system, it has terms and conditions.. sounds like a contract to me.
Unfortunately the legal system is a lot more complicated than you think it is. True, it sounds like a contract, but if you want to get into the law, the actual definition of a contract as is recognized legally is very complicated. I would know, I spent a 5 months in college studying contract law. Two important elements of a contract, as recognized under law, are the presence of consideration AND that neither party has an overbearing control over the other party such that they have little choice but to agree to the contract. Any such contract will be thrown out of court.
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Old 04-18-2008, 07:44 PM
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Originally Posted by CrusaderRabbit08 View Post
Nothing wrong with gay marriage.
I want to marry an animal, no I want to marry my car, no I want to marry the tree. At what point do we stop. If you can't legally regulate that 2 people must be of the opposite sex to get married, how can you regulate that 6 people does not a marriage make?
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Old 04-18-2008, 07:54 PM
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Originally Posted by Sadistic-Savior View Post
So you are saying I should take your word for it?
no.. i backed up my statement with proof. do you care to discredit my statement with countering proof?

precedent doesnt go before proof...
Quote:
If I agreed with you on that point, we wouldn't be arguing about this.

You could technically pass a law that says fat people arent allowed to wear tube tops in public because its gross. But it would be nullified by the judicial branch almost immediately.
thats right. thats the beauty of our system.


Quote:
And the judicial branch will make them null and void unless you can prove the state has a compelling reason for them.
i agree.


Quote:
Compelling reason is because of the number of drunk driving accidents caused by people under 21. I dont agree with it personally, but the state did.
thats not true. your statement indicates that the reason it changed is because they might drive afterwords and that they might get in acidents. thats not why it was changed.. the two reasons were because 1. they wanted to make all states have the same restrictions and 2. they believed that 21 year olds were more mature then 18 year olds. that would be like saying we should make all speed limits the same from state to state and not have anyone under 30 years of age drink and drive because 30 year olds are more mature then 21 year olds.

they preactically told people "youre mature enough to be an adult but not mature enough to drink wether or not youre going to drive afterwards. is that compelling evidence for you?

Quote:
Compelling reason is that the state feels people under the age of consent lack the life experience to make decisions in their own best interest.
i was talking about legal adult age, not age of consent.

Quote:
I disagree. It is common for twins to have one dominant.
to the point that one can have an overbearing dominance over the other? you think thats common?

have you ever been around twins? its like being in a cage with two male lions that are competing for dominance. even between boy and girl twins.
Quote:
Any child they might conceive, deliberately or accidentally. That raises the issue of birth defects.

But like I said, some states don't agree that even that is sufficient compelling reason.
that only happens when the blood line has not changed for multiple generations. thats why some states dont find it as compelling evidence. so i ask again, whats the compelling evidence?


Quote:
Because Children cannot consent to marriage. I explained above the compelling reason for that...why the law recognizes an age of consent.
the state of texas (among others) disagrees with you..
Quote:
That is what many theists argue. I don't agree though.
can you back up your statement?


Quote:
I would argue that allowing gays to marry does not affect the family at all.
you think a gay family would be normal and the children wouldnt be confused? do you feel the same about an incest family?

Quote:
Marriage is obviously not about family...
yes it is. thats one reason why family members can get married.. it would create a strange environment for children.
Quote:
if it were, the government would not permit couples to marry who could not have children (sterile) or who had no intention of having children.
intention means nothing. you think every child was intended? also, theres adoprion.

[quote]
Straight people can marry for any reason or no reason at all. [quote] gays can marry for any reason at all. bi people too.


Quote:
Yes.

I am not opposed to allowing polygamy for moral reasons. Just practical ones. If there is enough demand for it, I would not be opposed to changing the laws to accommodate them. So far I have not seen a huge demand for polygamous marriage.
gays are only 1% to 5% of the population (the former percentage is more conservative while the ladder is more liberal).. polygamy affects all muslims(1% of the population), and practically all other religions have sects that practice polygamy. the numbers are comparable to gays but but i guess that doesnt matter right?


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Yes. I already gave it actually:
it wasnt very compelling.. like i said. we structure laws around people. we dont deny people certain rights because of an inconvenience in laws. it was an inconvenience to change all laws regarding blacks as property.. we still did it.





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So much for the Family Values angle eh?
you dont think polygamists have family values?
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You think incest marriage is ok, but gay marriage is not?
i didnt say gay marriage is not okay. i said its no different than incestuous or polygamous marriage.


from your link:

First cousin marriage is allowed in these states under the following circumstances:

Arizona- if both are 65 or older, or one is unable to reproduce.

Illinois- if both are 50 or older, or one is unable to reproduce.

Indiana- if both are at least 65.

Maine- if couple obtains a physician's certificate of genetic counseling.

Utah- if both are 65 or older, or if both are 55 or older and one is unable to reproduce.

Wisconsin- if the woman is 55 or older, or one is unable to reproduce.

*North Carolina- First cousin marriage is legal. Double cousin marriage is prohibited


would it be fair to make the same laws for gays? they should be over 50 and should not have children(except for north carolina)




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Explain to me how two gay men could have a child with each other.
i dint say with each other. there are circumstance in which a gay man can have custody over a child. the mother is in prison, the mother is dead, the mother doesnt want the child, adoption, etc..



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Thats a punishment. Not a contract. The terms are therefore irrelevant, since it is all punitive.

A contract is not punitive. A contract is a free agreement between two people. You cant choose to agree to a punishment if it is being imposed on you.
he wasnt forced into the contract. he could have rejected it if he wanted to.



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Emphasis mine. He never had the choice not to agree. It is a punishment that is imposed on him, not an agreement he willingly signed. He didn't agree to either, he was simply forced to choose between the two.
he could have refused either term for more time in jail...

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The law does not recognize what you described as being a contract.
can you show some proof?
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"Love is insufficient reason to make a given form of marriage legal." Happy?
so youre saying that some marriages are okay on the reason of love ans some are not. how is that not discrimination? unless you want to make the argument that discriminating between marriage is okay and not all marriage should be accepted. if thats the