I have no problem with polygamy being legal, but marriage is a privilege and can be limited to two.
Tom Send a noteboard - 20/10/2012 04:16:08 AM
We traditionally say "rights" but marriage is, from a legal perspective, a privileged relationship in which the partners enjoy certain legal preferences that are not granted outside marriage. I think this is the key point that must be stressed, however, because the straw man argument that gay marriage will lead to polygamy, letting people marry animals, etc., is a flawed one. If we say that we have created a special legal status between two individuals, then same-sex couples have a claim that the way the privilege is set up is discriminatory. This is an equal protection claim. Imagine if marriage were defined as "the legal union between one white man and one white woman" and you see the crux of the argument. The "rights" only come in when we look at the Constitutional right to equal protection under the law.
If, however, the privilege is set up as one for only two people, then people who say they have a polygamous relationship are not in a position to claim that they do not enjoy equal protection, because the relationship has been defined as a two-person relationship. After all, if we expand to three, we could expand to 100, or 10,000. So, consequently, we can create a privilege for two and exclude three (though we could just as easily allow it if we wanted to, without being obligated to on a Constitutional basis), but I don't think we can create a privilege for two and then set conditions on who the two people can be.
If, however, the privilege is set up as one for only two people, then people who say they have a polygamous relationship are not in a position to claim that they do not enjoy equal protection, because the relationship has been defined as a two-person relationship. After all, if we expand to three, we could expand to 100, or 10,000. So, consequently, we can create a privilege for two and exclude three (though we could just as easily allow it if we wanted to, without being obligated to on a Constitutional basis), but I don't think we can create a privilege for two and then set conditions on who the two people can be.
Political correctness is the pettiest form of casuistry.
ἡ δὲ κἀκ τριῶν τρυπημάτων ἐργαζομένη ἐνεκάλει τῇ φύσει, δυσφορουμένη, ὅτι δὴ μὴ καὶ τοὺς τιτθοὺς αὐτῇ εὐρύτερον ἢ νῦν εἰσι τρυπώη, ὅπως καὶ ἄλλην ἐνταῦθα μίξιν ἐπιτεχνᾶσθαι δυνατὴ εἴη. – Procopius
Ummaka qinnassa nīk!
*MySmiley*
ἡ δὲ κἀκ τριῶν τρυπημάτων ἐργαζομένη ἐνεκάλει τῇ φύσει, δυσφορουμένη, ὅτι δὴ μὴ καὶ τοὺς τιτθοὺς αὐτῇ εὐρύτερον ἢ νῦν εἰσι τρυπώη, ὅπως καὶ ἄλλην ἐνταῦθα μίξιν ἐπιτεχνᾶσθαι δυνατὴ εἴη. – Procopius
Ummaka qinnassa nīk!
*MySmiley*
For all you supporters of Gay Marriage: What about polygamy?
20/10/2012 12:02:06 AM
- 1381 Views
Legal rights.
20/10/2012 12:14:10 AM
- 784 Views
should be legal, would be nice for poly people. should include polygyny and polyandry. *NM*
20/10/2012 03:29:05 AM
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Government needs to stop legislating morality. So yes *NM*
20/10/2012 03:36:37 AM
- 370 Views
That's a huge chunk of what government does.
20/10/2012 04:35:45 PM
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That's not what I'm saying
21/10/2012 03:21:08 AM
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So you're opposed to abortion and gun control then? Welcome aboard!
21/10/2012 06:14:14 AM
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Why do you keep talking about gay marriage and polygamy in the same sentence..
20/10/2012 03:58:26 AM
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Get a grip. Your response is just what I tried to avoid.
20/10/2012 04:33:40 AM
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The more fool you.
21/10/2012 05:55:30 AM
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This, and legal recognition of it, is precisely why marriage has become an Equal Protection issue.
22/10/2012 03:40:01 PM
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Because they are both violations of the paradigm of genuine marriage. Like it or not.
21/10/2012 05:49:32 AM
- 658 Views
I have no problem with polygamy being legal, but marriage is a privilege and can be limited to two.
20/10/2012 04:16:08 AM
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The only problem with that is that it was established with a heterosexist assumption
21/10/2012 06:33:32 AM
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From a legal perspective, all of your arguments are irrelevant
21/10/2012 03:12:39 PM
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This really is blatantly obvious, but still it might bear repeating...
21/10/2012 04:43:13 PM
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Yes, but only if its equal. Multi-people relationships should be more acceptable by society.
20/10/2012 05:15:24 AM
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"Polygamy" is the all-inclusive term; whether or not he meant it, he said it.
22/10/2012 04:31:09 PM
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I support autogamy in addition to various forms of exogenic relationships
20/10/2012 05:49:07 AM
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Have you seen the Glee episode where Sue Sylvester conducts a marriage of herself to herself? *NM*
20/10/2012 09:50:32 AM
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I am fine with it if all existing parties to the marriage consent to each addition.
20/10/2012 10:10:19 AM
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The case for polygamy has really weakened rather than strenghtened, you might say.
20/10/2012 03:53:34 PM
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I have no problem with it, but as Amy says, it's not really relevant. *NM*
20/10/2012 05:40:50 PM
- 397 Views
Legalize polygamy and create a familymaking process, but don't cover polygamy under marriage.
20/10/2012 10:14:58 PM
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The state shouldn't even recognize marriage beyond name changes anyway
21/10/2012 03:52:40 AM
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Indeed
21/10/2012 06:04:41 AM
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I don't give a damn what you call it. That's your business.
21/10/2012 06:17:40 AM
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And so?
21/10/2012 07:05:08 AM
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Re: And so?
21/10/2012 04:10:19 PM
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So can we call it garriage, give the same legal effect and call it good? *NM*
22/10/2012 03:28:33 AM
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According to your argument we could afford gay couples the same legal privileges...
22/10/2012 03:20:17 AM
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"...separate educational facilities are inherently unequal."
22/10/2012 04:45:31 PM
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That may well be the ideal solution. And also the most ironically amusing in how it would fail.
22/10/2012 07:35:05 PM
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We already went there and did that in '04, and yes, it was funny as f--k.
22/10/2012 09:51:49 PM
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Agreed in principle, but custody/cohabitation/assets go well beyond name change.
22/10/2012 04:37:09 PM
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This is the sort of thing that *needs* to be about principle
23/10/2012 04:54:10 AM
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Parental, property and other rights need government protection, and thus government involvement.
23/10/2012 05:14:37 AM
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Legal contracts must be open to all consenting adults, or none.
22/10/2012 03:11:55 PM
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You are correct, yet your reasoning is flawed.
23/10/2012 03:20:25 PM
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Again, the Equal Protection Clause has far less force on private entities than on government.
23/10/2012 03:52:06 PM
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Much less force, yes.
23/10/2012 04:15:03 PM
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The crux is "If it's my business, it's my business."
23/10/2012 04:43:25 PM
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Re: The crux is "If it's my business, it's my business."
23/10/2012 07:15:17 PM
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Like you said: By referring to "all invididuals" (or, better, "persons" or "citizens.")
24/10/2012 04:14:55 PM
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But we know very well that it doesn't have dire commercial consequences.
25/10/2012 07:17:55 PM
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I have several friends who practice polyamory, if they wanted to marry I would support it. *NM*
24/10/2012 06:47:58 PM
- 346 Views