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Old 04-17-2008, 12:28 PM
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Default Legal Rights for some unions

The question of why gay couples or otherwise should have their union recognized with the rights of marriage seems to hinge on why the rights for marriage exist in the first place. So I figured this is a good starting point.

Why are unions between a man and woman allowed to legally marry, and why are they given special legal rights and recognition? How do they justify not allowing polygamists and incestial couples to marry? The question of legal rights comes down to the concept of "similarly situated" persons. Namely, if you give a right or privilege to one group, you must give it to all similarly situated people.

If marriage is just a religious union, or if it is just a definition of a union between a man and a woman, why does this therefore make it okay to establish legal rights for these unions over any other?
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Old 04-18-2008, 10:18 AM
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Originally Posted by JeffLV View Post
The question of why gay couples or otherwise should have their union recognized with the rights of marriage seems to hinge on why the rights for marriage exist in the first place. So I figured this is a good starting point.

Why are unions between a man and woman allowed to legally marry, and why are they given special legal rights and recognition? How do they justify not allowing polygamists and incestial couples to marry? The question of legal rights comes down to the concept of "similarly situated" persons. Namely, if you give a right or privilege to one group, you must give it to all similarly situated people.

If marriage is just a religious union, or if it is just a definition of a union between a man and a woman, why does this therefore make it okay to establish legal rights for these unions over any other?
Marriage and, as we have in the UK, Civil Partnership for gay couples establishes the chosen partner as the primary next of kin. Everything else comes from that: property rights, inheritance rights, hospital visitation and medical power of attorney. Basically you (the partner) get first call on all decisions not your mum or your aunt or your sister as would be the case if you were not protected by the contract.

It's simply a matter of equality in that two gay people can legally partner in the same way that two straight people can sharing all the same rights and recognition (in our case) in every part of the land.

You simply cannot apply this to polygamy as it would require a separate contract nominating one spouse as principal next of kin and multiple additional contracts establishing property rights etc.

Civil Unions in the US (and marriage in Mass) are not the same as they are only recognised at State level and don't qualify for Federal benefits (and responsibilities) or State-to-State portability.

Marriage or CP essentially creates a new "legal family". In the case of incest you are already in a legal family. There is a pecking order to this kinship which the law would recognise up to a certain distance of relationship after which (first cousins in many places being the boundry) you are free to enter a marriage or CP.
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Old 04-18-2008, 05:28 PM
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Marriage and, as we have in the UK, Civil Partnership for gay couples establishes the chosen partner as the primary next of kin. Everything else comes from that: property rights, inheritance rights, hospital visitation and medical power of attorney. Basically you (the partner) get first call on all decisions not your mum or your aunt or your sister as would be the case if you were not protected by the contract.

It's simply a matter of equality in that two gay people can legally partner in the same way that two straight people can sharing all the same rights and recognition (in our case) in every part of the land.

You simply cannot apply this to polygamy as it would require a separate contract nominating one spouse as principal next of kin and multiple additional contracts establishing property rights etc.

Civil Unions in the US (and marriage in Mass) are not the same as they are only recognised at State level and don't qualify for Federal benefits (and responsibilities) or State-to-State portability.

Marriage or CP essentially creates a new "legal family". In the case of incest you are already in a legal family. There is a pecking order to this kinship which the law would recognize up to a certain distance of relationship after which (first cousins in many places being the boundary) you are free to enter a marriage or CP.
Thanks for your input, but it's not you I want to talk to! lol. I'm waiting for someone who does not support legal rights for gay couples to tell me why they support legal unions for straight couples. If they can’t say why they support these legal rights, then their arguments against homosexual couples getting the same rights are hypocritical. If they can't argue for why they support rights for straight couples, then it is THEM that are supporting "special rights" for straight couples, not the people supporting gay unions.

I agree with what you say as the reason for legal unions, and that's why I support legal unions for gay AND straight couples. Can anyone say why only straight couples should have this and nobody else?
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Old 04-18-2008, 05:55 PM
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Thanks for your input, but it's not you I want to talk to! lol. I'm waiting for someone who does not support legal rights for gay couples to tell me why they support legal unions for straight couples. If they can’t say why they support these legal rights, then their arguments against homosexual couples getting the same rights are hypocritical. If they can't argue for why they support rights for straight couples, then it is THEM that are supporting "special rights" for straight couples, not the people supporting gay unions.

I agree with what you say as the reason for legal unions, and that's why I support legal unions for gay AND straight couples. Can anyone say why only straight couples should have this and nobody else?
Fair enough but I figured that anything they're going to come up with can be countered by my outline unless they start invoking the ancient teachings of supreme beings.
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Old 04-18-2008, 08:11 PM
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Fair enough but I figured that anything they're going to come up with can be countered by my outline unless they start invoking the ancient teachings of supreme beings.
Unless someone can give a better reason? Anyone? Why just straight couples? Come on, let's not be self righteous hypocrites, speak up and tell me why legal rights only for straight couples is fair and not just a special right.
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Old 04-18-2008, 10:10 PM
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I don't support legal unions for straight people, in fact, if I had my way, straights wouldn't even have the right to marry. Why? Because for years now, straight people have been making a mockery of marriage, marrying in two weeks, marrying someone who pays off your poker debts (hello Pamela Lee) or marrying then divorcing an marrying your best friends ex husband etc.
Straight people continue to mock the true meaning of marriage, yet they have the gall to jump up and down and (*)(*)(*)(*)(*) and whine that gay marriage would desecrate the so called 'sanctity' of marriage.

Give me a (*)(*)(*)(*)ing break.
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Old 04-18-2008, 10:14 PM
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I don't support legal unions for straight people, in fact, if I had my way, straights wouldn't even have the right to marry. Why? Because for years now, straight people have been making a mockery of marriage, marrying in two weeks, marrying someone who pays off your poker debts (hello Pamela Lee) or marrying then divorcing an marrying your best friends ex husband etc.
Straight people continue to mock the true meaning of marriage, yet they have the gall to jump up and down and (*)(*)(*)(*)(*) and whine that gay marriage would desecrate the so called 'sanctity' of marriage.

Give me a (*)(*)(*)(*)ing break.

What is this true meaning that is beaing made a mockery of? Perhaps what's needed is a strengthening of the institution, not a dissolution of it. But to strengthen it, first we have to know why it exists. So, why does it exist? After we establish that, we can try to establish the ways to "fix" it.
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Old 04-18-2008, 10:18 PM
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What is this true meaning that is beaing made a mockery of? Perhaps what's needed is a strengthening of the institution, not a dissolution of it. But to strengthen it, first we have to know why it exists. So, why does it exist? After we establish that, we can try to establish the ways to "fix" it.
The true meaning of marriage? When you marry someone, you are pledging to spend the rest of your life with that person, right? So why say all that when you've known your spouse for a matter of weeks, or days? I believe in the vows, you know, 'sickness and health, richer or poorer' etc. People just don't listen to them. They marry, and at the same time have their eye on the best man, or the bridesmaids.

I don't know why marriage exists, where did marriage originate, and is marriage some sort of religious institution?
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Old 04-18-2008, 10:21 PM
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The true meaning of marriage? When you marry someone, you are pledging to spend the rest of your life with that person, right? So why say all that when you've known your spouse for a matter of weeks, or days? I believe in the vows, you know, 'sickness and health, richer or poorer' etc. People just don't listen to them. They marry, and at the same time have their eye on the best man, or the bridesmaids.

I don't know why marriage exists, where did marriage originate, and is marriage some sort of religious institution?
Alright, well you argument either says there should be no legal marriage at all, or that once again, the purpose for marriage is compatable with gay unions/marriage. I'm still waiting for someone who does not support gay union/marriage to tell my why they think the rights for legal unions for straight couples should exist?
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Old 04-18-2008, 10:22 PM
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Are you fishing for a answer specific answer?

I think we feel like we still need marriage because we are still trying to hold on to the family as the central building block of humanity. It would radically redefine family ties to delegalize marriage.

Also, I think it is really endearing to start a thread just to attract ideologues. It's funny that none have jumped on this thread yet... Where are Publius/Billybob when we need them? When they come we can snipe them together,
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