Yes. Were one to appeal to authority on gay marriage rights, of course I could point to the actions of 39 state legislatures and supreme courts and three of the seven California Supreme Court Justices who agree with me.
Last time I checked, 4 was greater than 3.
And what bearing do the actions of state legislatures outside California have on California-specific law?
The reality is rights don't appear by fiat simply on the opinions of four people. Rights need to be the product of the citizenry: people need to be involved in the legal parameters of their society. It should not be imposed from above.
And these rights did not appear by "fiat". They appeared based on the application of the democratically-ratified California State Constitution. To disregard the State Constitution would be making things appear (or in this case, disappear) by fiat.
The will of the majority is present in the California Constitution and that will does not speak to any gay marriage right. Pretending there is a gay marriage right in the California Constitution is either disingenuousness, an agenda or ignorance on display.
Same-sex marriage is addressed by the California Constitution just as much as strangulation is in criminal law, even though you likely won't find the word "strangulation" anywhere in the law itself. When the law covers a high-level concept, it implicitly covers all lower-level applications of that concept.
There is no right to drivers licenses in the California Constitution.
No, but like same-sex marriage, there is the responsibility in the California Constitution for the California state government to dole out the privilege of drivers licences on equal terms if it chooses to give the privilege to some citizens or groups of citizens.
Per ability to actually operate a car there is no marked difference between men and women. They are "similarly situated". There are marked differences in performance both in gender and age which is why insurance rates vary based on gender and age. Heterosexual and homosexual marriages are not similarly situated. One can make people the other cannot.
And again, not all heterosexual marriages can or will produce children. In that regard, a same-sex marriage is similiarily situated with a marriage between an infertile heterosexual couple.
This is my statement you replied to: "That would depend on the state. In Western Europe up until the mid-Nineteenth Century there were fair numbers of children without parents, either through death or some other issue that lived on the margins of society. In Sub-Saharan Africa today this same issue persists." It is not an exclusive claim. "Death or some other issue" per the conjunction, means other factors also can lead to the absence of parents. I also mentioned abandonment. This was my further posting: "You asked about feral children, I explained this applies to children on the margins of society. Commensurate with a marriage contract, parents are identified and held responsible from their children. Absent this legal protocol children may be abandoned etc. as has happened historically and thus left to no one's care." The idea doesn't turn on death, but absence.
It's also based on the idea that parents are identified by marriage and not by parentage itself, which to me seems absurd.
Increasing home ownership may very well be the goal. The point is the existence of a state benefit for a thing is not the same as the existence of that thing. If the state places a value on X it does not in the valuing necessarily create the X. The reason for the value may be to increase the amount of X or stymie its decrease.
- if the state institutes a home owner benefit in order to increase the number of home owners in some area from 1,000,000 to 1,500,000, the demonstrated vested interest is in the 500,000, not the 1,000,000.
- if the state institutes a home owner benefit to prevent the number of home owners from dropping from 1,000,000 to 800,000, the demonstrated vested interest is in the 200,000, not the 800,000.
Any government policy or benefit that, at its core, says "we approve of what you're doing and want you to keep doing it, despite the fact that you'd do it no matter what" is a bad policy. It's a waste of money, effort and liberty (since every law represents some constraint on liberty, however small) on a program with no purpose whatsoever.
I think I've been quite clear. I've stated several times this basic point.
You've stated that you consider more citizens to be a benefit for its own sake. You haven't adequately explained why you believe this to be so.
A budget deficit means at a base level more is spent than is taken in. The way to solve the issue to spend less or take in more. Regardless, tax payers are the base, by and through which, government revenues are taken in. More tax payers increases the tax base.
And increase the demand on services at the same time. Citizens represent a source of revenue to government, but they also represent the costs a government incurs. Try again: why would more citizens always be a good thing for a government's coffers?
Personally, I think immigration is a good thing.
Cool.
No. the idea that whether the state demonstrates an interest or not. The state has a demonstrable interest.
The state has a demonstrable interest in ensuring that the Capitol Building doesn't fall down. Should it be structurally reinforced regardless of whether the need to do so exists?
I'm not sure I understand your comment, particularly what you underlined. When the state demonstrates an interest that interest may be to increase a thing or stop the decrease of a thing. Regardless the interest does not necessarily create the thing interested in.
My point is that the purpose of government laws and actions is to create desired effects for society, not to endorse what the government as some sort of entity considers to be good or bad. When measuring the effect of some action, we look at the difference between what happens when the action happens versus what happens without it. Anything that's common to both is not an effect of that action.
It does not fulfil any valid purpose of government for it to declare through it's laws that they approve or disapprove of some way of life compared to others for its own sake.
This is not correct. If someone marries they can be held responsible for all children of the household independent of physical parenthood.
So... let's see what you're saying: in cases where a child is raised by a couple that includes at least one parent who's not biologically related to the child in question, marriage helps to foster responsibility and a stable family environment, which is beneficial to society by reducing the number of feral children.
The bizarre nature of the "feral children" argument aside, this seems like a check mark in the same-sex marriage column. After all, the feral children who are products of opposite-sex marriages in the normal way are already protected by child abandonment laws that are linked to parenthood. It seems that it's those poor feral children from homes where one of the parents isn't biologically related to the child are the ones who would benefit from this sort of measure.
I can see the bumper stickers now:
"Vote 'No' on Proposition 8: think of the feral children!"