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Re:Bezos pledges $2.6M to support same sex marriage by learc83 on Friday July 27, 2012 @12:28PM (#4302175)
Personally, I don't support same sex marriage, bug legally I see no real reason to ban it. However, I'd prefer the government who represents me, not endorse a practice I don't support.

My solution for years has been for the government to get out of the marriage business entirely. Marriage should be a purely religious ceremony, and we can establish something like a civil union contract law to handle issues like joint ownership of property, child custody, and inheritance.

That way anyone, gay, straight, or polygamist can get the legal benefits of marriage, and they can find a religious institution willing to conduct the religious ceremony.

Re:Bezos pledges $2.6M to support same sex marriage by imgabe on Friday July 27, 2012 @12:46PM (#4302283)
We effectively already have that. A legal marriage is obtained completely independently from a religious marriage. The simple fact that the legal construct is called "marriage" seems to throw the religious types into a fervor, because they somehow think that changing the legal construct has some effect on their own religious use of the word. I guess the fact that words can have multiple meanings and be used in different ways is not taught in Sunday school.

There's no reason to change the name of the legal agreement known as "marriage" to "civil union" other than to pacify the superstitious.

Re:Bezos pledges $2.6M to support same sex marriage by bmj on Friday July 27, 2012 @02:42PM (#4302945)
Some conservatives and religious types understand the construct of marriage to serve certain social purposes as well--primarily procreation and the raising of a family. I'm not advocating that perspective (history shows this isn't always the case), just merely pointing out the conservative argument isn't always "the Bible says so[1]"--it is also an argument that society functions at its best within the "traditional" concept of marriage.

[1] It is worth noting that while there are passages in the Hebrew/Christian bible that advocated "one man, one woman" marriages, there are plenty of examples of "Biblical heroes" who had multiple wives (David and Solomon come to mind).

Re:Bezos pledges $2.6M to support same sex marriage by Loic on Friday July 27, 2012 @01:56PM (#4302677)
The real problem here in most of Europe is that if you allow same sex marriage, you give the couple all the rights of a married couple. These rights include adoption. This is the main driving force against same sex marriage in most of Europe.

Same sex couples adopting is a very sensitive issue, I am lucky to have friends who adopted (in Germany we have less than 10 men couples having adopted), the boy is now a bit less than 2 year old and I am still wondering if this is a good thing or not. This is why I completely understand that the general population can react strongly as even me, being able to play on the floor with the little boy, being a rational kind of person and seeing the little boy smiling and happy, can still have some doubts.

Re:Bezos pledges $2.6M to support same sex marriage by ralfn on Friday July 27, 2012 @02:09PM (#4302756)
I think all the adoption regulation is completely bullshit, and likely against every nations constitution.

Every one is allowed to have a baby. But, oh dear, if somebody wants to take care of a kid that has no parents.

Personally, i dont think religious people are fit parents. Should i now campaign against religious people taking care of children?

Or maybe, just maybe, people should just give the freedom to others they expect for themselves.

I have no moral authority over any one, nor does any one have a moral authority over me.

Why is it that fascism is allowed to flourish, as long as the fascists call it a religion. And how is that fair towards the 1% of religious folk that are actually religious? ( actually religious == using religion to guide your own lifechoices, instead of using it judge/oppress others and play god)

Re:Bezos pledges $2.6M to support same sex marriage by slurgfest on Friday July 27, 2012 @04:56PM (#4303541)
The problem is that once the child is in the hands of the state, whatever happens to the child is the responsibility of the state. If the child suffers any problem which normally occurs, the state is now magically responsible.

For example, if the child was adopted by an abusive alcoholic then this is a case of the terrible neglect and perfidy of the state... even though gobs of people are naturally born to abusive alcoholics and taking them away would usually be regarded as an instance of the terrible neglect and perfidy of the evil, bureaucratic state.

The state must have a perfect track record in order to be merely tolerated. Otherwise, it will be overthrown. So by our own stupid irrationality, we ensure that the state is irrationally defensive. If the state could solve a problem 90%, but 10% are still left over, that 10% becomes the awful perfidy of the state, so we create an environment where the other 90% are completely ignored because at least it's "nobody's fault."

Re:Bezos pledges $2.6M to support same sex marriage by imgabe on Friday July 27, 2012 @02:03PM (#4302725)
Why exactly might it not be a good thing for a child to be raised by a same sex couple?
Re:Bezos pledges $2.6M to support same sex marriage by Loic on Friday July 27, 2012 @03:59PM (#4303323)
I personally don't know. From my experience as son and now as father, what I really think is important is to have two parents with different characters and way of thinking. Because a kid will never think like you and react like you, being two with different ways to see the world is helping wonderfully to better understand your kid and help him/her to grow and develop him/herself.

Can these differences be found within a same sex couple? Most likely, also not in the same way as woman/man. Is it better 2 loving fathers instead of living alone in an institution, definitely.

Non exceptional same sex couples with children is a fundamental change in the society, we need to accept that it will take time for this change to become accepted.

Re:Bezos pledges $2.6M to support same sex marriage by ender7 on Friday July 27, 2012 @02:44PM (#4302954)
Same-sex couples can already adopt children in the US, they just can't adopt them together. Technically, only one member of the couple gets to be the legal "parent".

The kid will still grow up in a same-sex household. He/she will still think of themselves has having two dads or two moms. The only thing you're denying is the ability for the other partner to sign their permission forms, visit them in the hospital, or be officially recognized as a parent by the government and society.

Re:Bezos pledges $2.6M to support same sex marriage by Loic on Friday July 27, 2012 @03:48PM (#4303288)
Basically the same problem in Germany. The kid is officially adopted by only one father even so they are recognized as same sex couple by the authorities (in fact the biological mother had to agree that the kid would be adopted by a same sex couple as she left her son for adoption deliberately). This means that the kid get less protection than a normal kid in a family in case of death of the "official in the papers" father.

It will take time for the rules of the society to adapt to the changes in the society.

Re:Bezos pledges $2.6M to support same sex marriage by ifmw on Friday July 27, 2012 @02:57PM (#4303028)
You say that same sex couples adopting is a very sensitive issue, but the lack of full civil marriage between same sex couples impacts on the kids of all the existing partnerships.

I have a friend who was raised by a same-sex couple. One was a biological parent, and they had to go through huge complex legal procedures to compensate for inheritance rights, adopting the child and others as he was a stranger-in-law to the non-biological parent that raise him.

I have a lesbian friend who has 3 biological kids of her own. The only social issues they've faced are from other adults being uncomfortable with it. But it's a bigger issue when those people vote against civil marriage and deprive those kids of legal protections kids of hetrosexual marriages have.

Re:Bezos pledges $2.6M to support same sex marriage by dpeck on Friday July 27, 2012 @05:49PM (#4303752)
Sadly a legal marriage and and religious marriage are not independent. Thanks to fear of white women going off and marrying black men we have the legacy of marriage licenses to deal with, and at least in my state it is illegal for for a minister to perform a religious marriage without a civil license/contract.

Realizing that this affords some protections for those cluelessly love struck who could be left with no legal recourse should the relationship dissolve, it still pisses me off quite a bit that I need permission of any sort from the government to practice a religious rite.

Re:Bezos pledges $2.6M to support same sex marriage by learc83 on Friday July 27, 2012 @01:12PM (#4302429)
Culturally we make no distinction between religious marriage and civil marriage. The majority of people aren't even really aware of the difference.

So long as this is the case there will be opposition to any legally allowed civil marriage that doesn't follow the traditional definition.

Do you want to have this fight every time a new type of union wants the legal protections of marriage?

My solution is a compromise, the alternative is to have this fight for the next few years, and then a few years later start it all over again for poly-marriages.

>There's no reason to change the name of the legal agreement known as "marriage" to "civil union" other than to pacify the superstitious.

Since the "superstitious" make up a large percent of the country you might want to find a way to "pacify" them.

If we can compromise so that the majority of people are happy and no one's rights are violated, where's the problem? Unless you just don't want to "pacify" the "superstitious" out of spite.

Re:Bezos pledges $2.6M to support same sex marriage by rayiner on Friday July 27, 2012 @01:27PM (#4302513)
> Culturally we make no distinction between religious marriage and civil marriage. The majority of people aren't even really aware of the difference.

Yet there it is, in black and white, in every statutory code in the country.

Re:Bezos pledges $2.6M to support same sex marriage by imgabe on Friday July 27, 2012 @01:37PM (#4302554)
So, we write our laws based on reason and justice, unless some religious group threatens to make a really big stink then we just do whatever they want? Is that a reasonable way to run a country?

The statistics I was able to Google up show support for gay marriage at 43% of the US and against 47%. So it's not like it's some tiny percentage who are for it, and it's not even a majority who are against it.

Personally, no, I don't want to have this fight. I also don't want to have to fight about evolution being taught in schools. Unfortunately some members of the population render this a necessity.

Re:Bezos pledges $2.6M to support same sex marriage by learc83 on Friday July 27, 2012 @02:05PM (#4302732)
>So, we write our laws based on reason and justice, unless some religious group threatens to make a really big stink then we just do whatever they want?

No, we write our laws based on reason and justice, but there is nothing wrong with taking people's preferences into account as long as those preferences don't violate the rights of other people.

Assuming you were for a single payer healthcare system. Would you object to a president pushing for a single payer socialized healthcare system, but calling it something else in order to appease people who hate the word "socialized"?

Re:Bezos pledges $2.6M to support same sex marriage by imgabe on Friday July 27, 2012 @02:24PM (#4302833)
Your preferences are only relevant insofar as they relate to your life. Your preferences for how other people live their lives do not matter. What about the preferences of gay couples who wish to identify their relationship as a marriage? Why does your preference about what to call their relationship matter more than theirs?
Re:Bezos pledges $2.6M to support same sex marriage by learc83 on Friday July 27, 2012 @03:21PM (#4303143)
You do understand that the compromise is that everyone is free to call their relationship marriage, and that gay and straight couples would both enter into a civil contract that has a different name than marriage?

A word only has a meaning insofar as a culture decides to use that meaning. So yes, the preferences of individual members of the culture taken collectively are by definition relevant to the debate.

So hopefully we can agree that the current definition of a word is solely about preference.

We are having a problem coming to a consensus over the meaning of the word "marriage."

Group A says it means "one man and one woman" Group B says it means "two people" Group C says it means "any group of consenting adults"

If you are in Group A, using the word marriage in a legal document, in the context of "any two people", means you think the government sides with the preferences of Group B, and vice versa.

Two (or more) sides disagree, so a compromise is proposed--we don't use the contested word, we create a new word that everyone can agree on.

Imagine if 2 groups argued about the definition of the word "planet."

Group A says a planet "is spherical" Group B says a planet "must clear its neighborhood"

The governments starts using the Group B definition, but almost half of the people still use the Group A definition.

In order to avoid a huge fight we compromise and come up with a new word that includes objects that fit both definition, solely for use in legal documents.

Re:Bezos pledges $2.6M to support same sex marriage by imgabe on Friday July 27, 2012 @03:46PM (#4303282)
That assumes that the people opposing gay marriage would even consent to the notion of equal civil unions, something that even Mitt Romney (not exactly a fringe political figure) has stated he's against. So it's really a moot point.

The name of the civil contract is obviously important to people on both sides of the issue. As you've pointed out, many people have trouble distinguishing between the legal definition and the religious one. Those people are no doubt going to be upset that the government is telling them they aren't "married" anymore, but only "civil unioned" ("civilly united"? There's another problem, it doesn't verb well).

Even if this compromise would be acceptable, the government has no business rewriting laws to cater to certain religions. That's pretty much exactly the thing America was founded NOT to do. We even wrote it into the first amendment. Should we make a law making it illegal to draw pictures of Mohammed, since that offends some people's religious sensibilities?

Re:Bezos pledges $2.6M to support same sex marriage by learc83 on Friday July 27, 2012 @04:10PM (#4303359)
>That assumes that the people opposing gay marriage would even consent to the notion of equal civil unions, something

That's a good point, like I said it's just a proposal and would need to gain public support.

> Should we make a law making it illegal to draw pictures of Mohammed, since that offends some people's religious sensibilities?

Nope, because that limits the speech of the drawer.

However if a large group of people objected to the government's use of the word crusade to refer to say some kind of program called "crusade against hunger", I wouldn't have a problem discussing changing it from "crusade against hunger" to "fight against hunger"

The key difference is no one's rights are being violated, the government is just changing a word.

If the government stopped referring to policemen as policemen and policewomen, but started using the term police officer that's fine with me. It doesn't affect what I do. It doesn't stop me from calling them policemen and policewomen.

Re:Bezos pledges $2.6M to support same sex marriage by slurgfest on Friday July 27, 2012 @04:44PM (#4303493)
Pacifying the superstitious is a very good reason, a perfect reason. Because it is creating a huge fight over nothing that will never end.

There is no reason for the state to name anything "marriage" or give any special recognition to the concept.

Re:Bezos pledges $2.6M to support same sex marriage by rayiner on Friday July 27, 2012 @12:52PM (#4302316)
> and we can establish something like a civil union contract law to handle issues like joint ownership of property, child custody, and inheritance.

We have such a contract. It's called marriage. If you look at the law of marriage, there is nothing in there that's predicated on there being a woman and a man, and there is nothing in there that is specific to religion. In the United States, which never had ecclesiastic courts, marriage has always been a strictly civil, contractual legal construct.

The problem with a civil union contract is that the law is full of references to marriage. E.g. in the law of evidence there is the principle of marital immunity, which is that spouses can't be forced to testify against each other in criminal trials. Do you want to go back and rewrite all of that?

Re:Bezos pledges $2.6M to support same sex marriage by true_religion on Friday July 27, 2012 @01:08PM (#4302402)
There are laws on the books full of references to "men" or occassionally "White men". The Americans, "re-wrote" all that by adding a few lines to the constitution saying that women and other races had equal rights as white men, and could not be discriminated against.

Thus the old laws applied to everyone,without a need for someone to go at them with eraser and ink.

Re:Bezos pledges $2.6M to support same sex marriage by rayiner on Friday July 27, 2012 @01:26PM (#4302506)
I'm operating under the assumption that the "civil union" would be a separate legal construct, distinct from marriage, that defined its own rights for managing property, etc. Sure, it would be trivial to just say "gays can go down to the court house and get a civil union, and all civil unions should be treated exactly like marriages for the purpose of the law." But then civil unions are exactly the same thing as marriages.
Re:Bezos pledges $2.6M to support same sex marriage by true_religion on Friday July 27, 2012 @01:29PM (#4302519)
> " But then civil unions are exactly the same thing as marriages.

That's right. Proponents of civil union say that everyone (including heterosexuals) should be granted civil union, and somewhere in the anals of law it should say "civil union is legally equivalent to marriage".

Re:Bezos pledges $2.6M to support same sex marriage by danielweber on Friday July 27, 2012 @01:20PM (#4302468)
Do you want to go back and rewrite all of that?

You know that's pretty easy to fix, right?

There may be other problems with his proposed solution, but it's trivial for a legislature to say "where we said BAR in the past, we also mean BAZ."

Re:Bezos pledges $2.6M to support same sex marriage by TylerE on Friday July 27, 2012 @12:47PM (#4302286)
That is what a marriage (in the United States) is. It is a civil contract. There is nothing inherently religious about it. You can go down to the county courthouse, pay $20 or so, and be married by a judge.

That some religions have a "marriage" ceremony is orthogonal. What makes you married in the legal sense is the marriage certificate you get from the government. Any ceremony is just for show. What the US Government defines as marriage is purely a civil thing.

Re:Bezos pledges $2.6M to support same sex marriage by learc83 on Friday July 27, 2012 @01:16PM (#4302450)
I'm aware of that, but that's not the perception read my response up top for a more thorough explanation.
Re:Bezos pledges $2.6M to support same sex marriage by glhaynes on Friday July 27, 2012 @12:46PM (#4302277)
This seems like the optimal legal approach to me, too. And I'm not really sure why no progress is being made toward it: I've rarely if ever heard objection to it and a "government out of marriage" approach seems appealing to most people on either side of the gay-marriage-legality issue that I've spoken to. [Obviously this is anecdote and narrow at that.] I suppose it's just not politically possible right now — if it were to gather any steam, no doubt it'd get bogged down in "these people are trying to abolish marriage!"; and it seems likely a more difficult solution to legally execute well.

But the immediate question, regardless of whether government should be involved in marriage or not, is whether we should pass laws to cause the government to treat this institution that it is involved in in a fair and equitable way (and reject laws that would enshrine unfairness).

Re:Bezos pledges $2.6M to support same sex marriage by 3am_hackernews on Friday July 27, 2012 @12:45PM (#4302274)
Why should the government endorse practices only supported by you? You are not special.

Marriage should not be a purely religious ceremony. It should be an individual's choice, consent of both the partners.

I don't agree that a religious institution HAS to validate/conduct a religious ceremony. Again, it should be left to the individual.

Re:Bezos pledges $2.6M to support same sex marriage by learc83 on Friday July 27, 2012 @01:05PM (#4302385)
>Why should the government endorse practices only supported by you? You are not special.

I don't. However ~50% of American's don't support it.

At the same time I don't think there is a legal reason to ban gay marriage.

This is a proposed compromise between both sides.

Re:Bezos pledges $2.6M to support same sex marriage by 3am_hackernews on Friday July 27, 2012 @04:45PM (#4303498)
I would strongly contest that statistic you came up with. Please provide a source for it. While I appreciate that you don't think that gay marriage is illegal, I am not sure if I understand your basis of accepting a compromise.
Re:Bezos pledges $2.6M to support same sex marriage by mfringel on Friday July 27, 2012 @12:49PM (#4302305)
"Government out of the marriage business entirely" would be great. Also agreed on the government providing civil unions that give all the current rights and privileges currently set up under what is currently known as marriage.

As far as I can tell, the only feasible way that we get there is by the states allowing same-sex marriage, and then the FedGov comes along for the ride, followed by FedGov doing a ''mutatis mutandis'' change in law to talk about civil unions.

Re:Bezos pledges $2.6M to support same sex marriage by AznHisoka on Friday July 27, 2012 @12:44PM (#4302264)
I agree. I also don't think it's an issue worth devoting much time over. Just legalize it, and stop debating it. There's so many more relevant issues at stake in society.