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The only problem with that is that it was established with a heterosexist assumption Cannoli Send a noteboard - 21/10/2012 06:33:32 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.

It was set up to accommodate certain realities of heterosexual relationships, and the prevalence of the same. If heterosexual relationships were as common or inadvertently fertile as homosexual relationships, there would have been no need for marriage. It had little or nothing to do with the sentiment that has become associated with the practice.

This is an equal protection claim.
And equality is the status quo. Gays are not legally excluded from marriage to a person of the opposite gender so long as the other party consents, and same-sex marriages are every bit as unavailable to straight people. The proponents of same sex marriage seek to establish a novelty institution to service a sentimental interest of a narrow group, and to force the rest of society to recognize the same, regardless of their acceptance of that sentiment.

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.
Not the same, because you are arbitrarily excluding groups due to invalid criteria. The fact that gay people don't want to marry the opposite sex does not mean they have the right to a compensatory privilege. That's like saying that since I choose not to avail myself of the privilege of driving a motor vehicle, I may instead choose to utilize the public roads in a different manner that will impede the ability of licensed drivers to use them for their proper function, such as by pushing a wheelbarrow down the fast lane of a major highway. You can make all specious arguments you want about my right to move goods by the fastest route available, or how environmentally superior my mode of transport is, but it does not change the fact that I am abusing something in an illegal manner and my desire to use a public institution in my own way does not grant me the right to do so.

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.
Because we did not JUST set it up for precisely two people, we set it up for two people of a particular gender proportion. In fact, that gender proportion is a more specific and generally followed rule than the aforementioned precise number.
Cannoli
“Tolerance is the virtue of the man without convictions.” GK Chesteron
Inde muagdhe Aes Sedai misain ye!
Deus Vult!
*MySmiley*
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For all you supporters of Gay Marriage: What about polygamy? - 20/10/2012 12:02:06 AM 1397 Views
Legal rights. - 20/10/2012 12:14:10 AM 800 Views
It almost sounds like you are saying... - 20/10/2012 12:31:40 AM 779 Views
That is what I'm saying it. - 20/10/2012 01:07:50 AM 754 Views
Technically, privileges, not rights. - 20/10/2012 04:16:45 AM 761 Views
Sure - 20/10/2012 12:35:53 AM 691 Views
All for it... For adults over the age of 18. *NM* - 20/10/2012 01:18:04 AM 402 Views
What about it? - 20/10/2012 01:21:17 AM 764 Views
+1 *NM* - 20/10/2012 01:51:25 AM 439 Views
+2 *NM* - 20/10/2012 11:18:39 AM 389 Views
should be legal, would be nice for poly people. should include polygyny and polyandry. *NM* - 20/10/2012 03:29:05 AM 391 Views
poly people? - 20/10/2012 12:44:01 PM 725 Views
Government needs to stop legislating morality. So yes *NM* - 20/10/2012 03:36:37 AM 378 Views
That's a huge chunk of what government does. - 20/10/2012 04:35:45 PM 731 Views
That's not what I'm saying - 21/10/2012 03:21:08 AM 749 Views
So you're opposed to abortion and gun control then? Welcome aboard! - 21/10/2012 06:14:14 AM 703 Views
Why do you keep talking about gay marriage and polygamy in the same sentence.. - 20/10/2012 03:58:26 AM 771 Views
Get a grip. Your response is just what I tried to avoid. - 20/10/2012 04:33:40 AM 694 Views
The more fool you. - 21/10/2012 05:55:30 AM 790 Views
Ha! Point. *NM* - 20/10/2012 05:40:34 AM 578 Views
Marriage is always a choice, whatever the motive(s.) - 22/10/2012 04:00:40 PM 723 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 792 Views
The only problem with that is that it was established with a heterosexist assumption - 21/10/2012 06:33:32 AM 750 Views
From a legal perspective, all of your arguments are irrelevant - 21/10/2012 03:12:39 PM 855 Views
How would you argue for putting it in the same category as race? - 21/10/2012 04:28:12 PM 778 Views
I wouldn't put it in exactly the same category. - 21/10/2012 08:43:51 PM 798 Views
That limitation is still prejudicial and somewhat arbitrary. - 22/10/2012 04:25:25 PM 941 Views
I got no opinion on it. - 20/10/2012 12:51:43 PM 819 Views
The idea of a group marriage makes me uncomfortable - 20/10/2012 04:19:48 PM 700 Views
As long as it is equitable - 20/10/2012 05:55:57 PM 693 Views
The state shouldn't even recognize marriage beyond name changes anyway - 21/10/2012 03:52:40 AM 769 Views
Indeed - 21/10/2012 06:04:41 AM 830 Views
I don't give a damn what you call it. That's your business. - 21/10/2012 06:17:40 AM 1101 Views
And so? - 21/10/2012 07:05:08 AM 725 Views
Re: And so? - 21/10/2012 04:10:19 PM 898 Views
Legal contracts must be open to all consenting adults, or none. - 22/10/2012 03:11:55 PM 780 Views
You are correct, yet your reasoning is flawed. - 23/10/2012 03:20:25 PM 699 Views
Again, the Equal Protection Clause has far less force on private entities than on government. - 23/10/2012 03:52:06 PM 636 Views
Much less force, yes. - 23/10/2012 04:15:03 PM 644 Views
The crux is "If it's my business, it's my business." - 23/10/2012 04:43:25 PM 719 Views
+1 *NM* - 23/10/2012 07:36:46 PM 324 Views
No the analogy is not exact, nor legally the same... - 23/10/2012 07:33:25 PM 608 Views
Analogy is not equality, only similarity. - 24/10/2012 04:37:29 PM 810 Views
We aren't asking for something better or different. - 23/10/2012 04:27:04 PM 705 Views
yeah, it is very circular. - 23/10/2012 07:44:33 PM 731 Views

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