Orontes
Master of the Horse
(I've been away, but this thread seems to keep moving along.)
The issue isn't about conclusion, but inclusion and representation. If you are not a representative of a group and speak as an individual, then the singular is the standard.
The government has no vested interest in gay relation advocacy. Any legal standing gay relationships may have under the law, must come via persuasion of the citizenry and the legislative process, as was done with Domestic Partnerships in Cali.
You do not know the subject matter. The Theodosian Code is after Rome had already adopted Christianity as the state religion. The sexual mores of the Judeo-Christian Tradition(s) were clear. Gayness was considered a sin. The Theodosian code notes clearly that when a married man is then buggered by men he should be punished severely. As to Martial: he was a poet and satirist. Thus, his epigrams are satire (i.e. ridicule), not a discourse on law. There was no recognized gay marriage in Roman law: zero. The wiki you cite is comical. It is an example of assertion void of substance. All too often those with agendas will sacrifice historicity for their purpose. Unfortunately, the Gay lobby has a history along these lines.
Equity claims turn on similar situatedness. Marriages and gay relations are not similarly situated. There is a base potentiality to produce with one that doesn't exist with the other. The state has a natural interest in the production and foster of citizens. Marriage is the most stable vehicle for that production and foster.
As an aside, what I find fascinating in our discussion is that you recognize the innovation of Roe, and I assume the social tension and division that has come in its wake, yet seem to be advocating a parallel vision for gay marriage. The California Supreme Court's Majority Opinion couched its rights' invention in terms of dignity. Dignity cannot be dictated by the bench. Persuasion in the public square is the only way to win hearts and minds. The authoritarian route via Judicial Imperialism is by definition divisive and will only lead to entrenched positions and greater hostility. Were I gay or an advocate for the cause, I wouldn't advise the farce of claiming one thing is another i.e. a dog's tail is actually a leg or gay relations are marriages, but seek social acceptance of what gay relations are in and of themselves. To illustrate: in India there is the common law and also religious law. Both have standing. One does not pretend a protocol of one must apply to the other. Domestic Partnerships via the popular will in California have legal standing. This is a natural springboard for increased social acceptance. Verbiage about a gay right to marriage or that gay relations are the same as marriages via the power of the court is not only invention and an abuse of language, but cuts against the socio-political thrust for social acceptance I think gay households desire.
I did. I stated what I suspect. Others may conclude differently, but one cannot escape the assumption that they will conclude something.
The issue isn't about conclusion, but inclusion and representation. If you are not a representative of a group and speak as an individual, then the singular is the standard.
You are confused. I have said repeatedly: pick a case. I don't really care which. I have had multiple discussions with anti-Mormons where a series of questions are crammed together. There isn't necessarily anything wrong with the questions themselves, but a shotgun approach of rattling off such a series typically indicates a lack of any serious interest in dialogue. If you really want to understand Constructionist Thought, then pick a case you are interested in and it can serve as a springboard. If you refuse or are unwilling to do this, then I don't really think you are/were interested, but were opting for the shotgun approach I've seen before.Yes, I understand that you refuse to answer my question, and I have a pretty good idea why.
No, refusing to answer, and giving a reason why not, even specifying a question you would rather answer, none of these are the same as answering. I asked you whether you would agree or disagree with the ruling in a set of cases, and you refuse to answer. I understand.
The OED is considered the standard for the English Language much like Dudens is for German or Larousse for French. If you wish to challenge the meaning of a term, then it is particularly helpful as it includes not only etymology but when terms were first used and when variants were introduced. Sources like Wiki are agenda ridden and not legitimate sources: anyone can post anything they want. As far as Merriam and similar fair, find me a citation from said dictionary from say before the mid 90s that defines marriage as including gays. Once Hawaii and the Massachusetts's court began their invention project with the law, dictionaries naturally began to note the new legal innovations. Were Courts to decide inter-species relations were also marriage, and people started rushing to wed their German Sheppards: dictionary's would reflect that. If one wants to know the meaning of a thing independent of legal imposition, then one must look to the meaning before those impositions. The base point is marriage has traditionally been understood as cross-gender. Challenges to that standard certainly exist and various authoritarians have tried to force their views as a new standard, but as has been explained: these are innovations and attempts to alter meaning, not something contained in the meaning originally.I see. So the 4 sources I cited have no bearing; only the OED counts? Odd, since it's a British dictionary. I wonder why Merriam-Webster isn't good enough for you?
Actually marriage is cross-gender. The relations of the same gender, the relations of people with animals or rose bushes is something else.Correct. Marriage requires human beings, as only human beings are capable of a marital relationship.
me said:There is no right to marriage in the California Constitution.
They do indeed.me said:And yet many Californians enjoy it.
Me said:Marriage under the law is provided equally: a man may marry a woman and a woman may marry a man. The fact a man cannot marry his German Sheppard does not constitute a breech. The fact a man cannot marry his sister (even though cross gender) does not constitute a breech).
Law by definition discriminates. "(D)oes not constitute a breech" refers to no violation of equity claims. Gay relations are not marriages. They are not similarly situated with marriage. They are distinct on an existential level. Incest relations claimants have a better case than does the gay advocate.Me said:A breech? What is that? Did you mean breach? Of what? What are you talking about? Now you're trying to assert that this law does not discriminate? Is that your argument? May I suggest that if the shoe were on the other foot, you might see that a little differently? A law that a man cannot marry his sister does discriminate, and that discriminatin is upheld, because it has been found to serve a legitimate government purpose. Discriminating against gay marriage does not.
The government has no vested interest in gay relation advocacy. Any legal standing gay relationships may have under the law, must come via persuasion of the citizenry and the legislative process, as was done with Domestic Partnerships in Cali.
me said:There was no gay marriage under Roman law. Homosexuality itself was suspect. We know from Polybius, homosexuality was punishable by death in the Legion. The enemies of Julius Caesar charged "Caesar is a man to every woman and a women for every man" based on the idea that early in his political career he allowed himself to be buggered by a fellow whose help he needed. Caesar always denied the charge. Of course there were certainly cases of homosexuality. The Emperor Tiberius was condemned for it. We also have the example of a Roman Senator who announced a wedding celebration for himself and his male lover. This is found in the works of the satirist Junvenal who lampooned for its absurdity.
me said:Perhaps you should correct the wiki page, if you're so confident.
You do not know the subject matter. The Theodosian Code is after Rome had already adopted Christianity as the state religion. The sexual mores of the Judeo-Christian Tradition(s) were clear. Gayness was considered a sin. The Theodosian code notes clearly that when a married man is then buggered by men he should be punished severely. As to Martial: he was a poet and satirist. Thus, his epigrams are satire (i.e. ridicule), not a discourse on law. There was no recognized gay marriage in Roman law: zero. The wiki you cite is comical. It is an example of assertion void of substance. All too often those with agendas will sacrifice historicity for their purpose. Unfortunately, the Gay lobby has a history along these lines.
In what way, that actually relates to marriage. We have already established that child-bearing is not relevant, as fertility is not, and has never been, a requirement for marriage.
Equity claims turn on similar situatedness. Marriages and gay relations are not similarly situated. There is a base potentiality to produce with one that doesn't exist with the other. The state has a natural interest in the production and foster of citizens. Marriage is the most stable vehicle for that production and foster.
As an aside, what I find fascinating in our discussion is that you recognize the innovation of Roe, and I assume the social tension and division that has come in its wake, yet seem to be advocating a parallel vision for gay marriage. The California Supreme Court's Majority Opinion couched its rights' invention in terms of dignity. Dignity cannot be dictated by the bench. Persuasion in the public square is the only way to win hearts and minds. The authoritarian route via Judicial Imperialism is by definition divisive and will only lead to entrenched positions and greater hostility. Were I gay or an advocate for the cause, I wouldn't advise the farce of claiming one thing is another i.e. a dog's tail is actually a leg or gay relations are marriages, but seek social acceptance of what gay relations are in and of themselves. To illustrate: in India there is the common law and also religious law. Both have standing. One does not pretend a protocol of one must apply to the other. Domestic Partnerships via the popular will in California have legal standing. This is a natural springboard for increased social acceptance. Verbiage about a gay right to marriage or that gay relations are the same as marriages via the power of the court is not only invention and an abuse of language, but cuts against the socio-political thrust for social acceptance I think gay households desire.
Last edited: