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If gays wanted to get married they'd have chosen to stay straight.
Something... is wrong with you...
QUOTE]
You sir, are made of win.
I LOL'd irl.
Have you seen how much money the Catholic Church has?
Something... is wrong with you...
You sir, are made of win.
I LOL'd irl.
Thank you Mr. Obvious? Clearly missed the point I was making, any retard knows what you just said. You even made my argument for me by pointing out intent regarding profit does matter. This is just a ridiculous semantics debate at this point, and the law is on my side at this point in time.
Also, in the end all this discussion is just completely outside of what these people are aiming for. We are pandering to the fact that they are looking for any loophole possible to stop fags from getting married there and are essentially grasping at straws. They don't give a shit about the constitution, they are only obsessed with "saving the institution of marriage."
Since Congress isn't supposed to pass laws against religious practices (so long as they don't hurt anyone or their pursuits), I think a religious establishment that centered on Gay Marriage should be created. That way it would be Unconstitutional to prevent them to marry Gay people. It wouldn't stop the other religions from trying to find ways to stop/prevent it, so it doesn't hurt their pursuits.
The concept of marriage, therefore, must exist separately from the concept of procreation. While a divorce might be granted on the grounds that one party misled the other about their ability to conceive a child, the marriage, such as it was, would stand; again, even in those states that require consummation.
Back to the matter at hand.
Deciding whether a particular law violates the Constitution is not "legislation from the bench", but rather an intended action, designed into our system of government by the people who created it. The ability of the judicial branch (the Supreme Court) to strike down those laws it finds unconstitutional is one of the fundamental checks and balances that allow our system to function.
Loving vs Virginia is an interesting precedent, but it has been denied as a controlling precedent by a lower court. This is not to say that the Supreme Court will necessarily make the same decision, but the reasons behind the dismissal are relevant to the debate at hand, and indeed provide an angle of attack for those who would wish to see discriminatory laws struck down.
The New York Court of Appeals, for all intents and purposes, ruled that the issue was not whether or not homosexuals are not receiving equal protection, but rather whether or not they were, in fact, capable of fulfilling the very concept of marriage. The court held, erroneously in my opinion, that reproduction is a fundamental facet of marriage, and that because a homosexual couple is incapable of it, there is sufficient doubt cast upon their ability to actually "be married" that laws against it cannot fall under the same anti-discrimination precedent set in Loving vs Virginia.
Obviously, there are flaws in the Court's decision.
If a man or woman wished to marry but was for whatever reason incapable of producing a child, no laws would be broken. Even in those few states that still require the rather barbaric act of consummation before a marriage is considered valid, the sexual act itself could be performed, though no chance of children would be present.
The concept of marriage, therefore, must exist separately from the concept of procreation. While a divorce might be granted on the grounds that one party misled the other about their ability to conceive a child, the marriage, such as it was, would stand; again, even in those states that require consummation.
annnd Mire is very much a sexy lady >.>