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#21 CeltSoldierKev

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Posted 18 February 2015 - 11:19 AM

I was staying out of this (for the most part) because, honestly, I think the idea of revolution and "fighting against the man" would be downright comical if it wasn't so dangerous.

 

However, since the LGBTLMNOPQ community was brought into the discussion, you may have a point.

 

For too long, and especially in recent years, a very small group of unelected individuals have controlled things as they saw fit.  Without input from the electorate, and oftentimes in direct contrast to the actions of our elected officials, you know, the ones that represent us in thew state and federal legislatures.

 

I'm talking, of course, about federal judges.  These "wise" men and women have gone beyond the scope of their powers.  No longer are they simply deciding whether laws are Constitutional or not.  They have taken it upon themselves to act as legislative bodies, determining things like "right," "just," or "fair."

 

In the case of gay marriage, people are starting to wake up to this reality.  And yes, I may have to agree with you, revolution (or something like it) may be neigh at hand.  When the issue was anti-sodomy laws and privacy issues, the vast majority of Americans agreed with changing the laws.  And you know, it happened.  State legislatures changed the laws that existed in their communities.  That's how the system works.

 

But now, when a small group of black-robed oligarchs are deciding state laws and demanding that Kansas be the same as Hawaii, well, they've gone too far.

 

It is time to wake up.  And demand that state legislative issues be left to, I don't know, the state legislatures.  Instead of by a very small group of federal judges.



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#22 Manoka

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Posted 18 February 2015 - 01:18 PM

Revolutions can be very useful, Manoka. We've just never lived through one. One could argue we're living through one right now, but of course we don't know how it will turn out.

 

I will say this: The progress made on LGBT rights is a big part of it. That's one area where there have been huge changes in our lifetimes. As recently as the 1990s the idea of gay marriage was all but unthinkable; now it's legal in over thirty states (including Alabama!) and looks set to become national law when the SCOTUS rules this Spring.

What we need is a line, not a revolution, ending up in the same place. xP

 

A revolution, by definition, is the completion of one full cycle. 



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#23 Manoka

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Posted 18 February 2015 - 01:23 PM

I was staying out of this (for the most part) because, honestly, I think the idea of revolution and "fighting against the man" would be downright comical if it wasn't so dangerous.

 

However, since the LGBTLMNOPQ community was brought into the discussion, you may have a point.

 

For too long, and especially in recent years, a very small group of unelected individuals have controlled things as they saw fit.  Without input from the electorate, and oftentimes in direct contrast to the actions of our elected officials, you know, the ones that represent us in thew state and federal legislatures.

 

I'm talking, of course, about federal judges.  These "wise" men and women have gone beyond the scope of their powers.  No longer are they simply deciding whether laws are Constitutional or not.  They have taken it upon themselves to act as legislative bodies, determining things like "right," "just," or "fair."

 

In the case of gay marriage, people are starting to wake up to this reality.  And yes, I may have to agree with you, revolution (or something like it) may be neigh at hand.  When the issue was anti-sodomy laws and privacy issues, the vast majority of Americans agreed with changing the laws.  And you know, it happened.  State legislatures changed the laws that existed in their communities.  That's how the system works.

 

But now, when a small group of black-robed oligarchs are deciding state laws and demanding that Kansas be the same as Hawaii, well, they've gone too far.

 

It is time to wake up.  And demand that state legislative issues be left to, I don't know, the state legislatures.  Instead of by a very small group of federal judges.

Even if we did change the supreme court system, how would this qualify as a revolution? xP



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#24 KiWi

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Posted 18 February 2015 - 01:43 PM

 
Even if we did change the supreme court system, how would this qualify as a revolution? xP
 
 

rev·o·lu·tion
ˌrevəˈlo͞oSH(ə)n/
noun
noun: revolution; plural noun: revolutions

1.
a forcible overthrow of a government or social order in favor of a new system

I believe you're taking, I'm not even sure how to describe, but "literal" and extreme view of what 'revolution' means.

"forcible overthrow of [] social order"

verb
verb: overthrow; 3rd person present: overthrows; past tense: overthrew; gerund or present participle: overthrowing; past participle: overthrown
ˌōvərˈTHrō/

1.
remove forcibly from power.

Like with guns, and fighting the Red Coats, right?

noun
noun: overthrow; plural noun: overthrows
ˈōvərˌTHrō/

1.
a removal from power; a defeat or downfall.

Definitions are silly. And language is silly. The word is far more broad, and can apply to much smaller changes than a whole new government. Not only that, but we use words to evoke emotion, and convey meaning. Revolution is being used to convey the importance, or scope of the changes at hand.

The changes that, not being forced formally at a peace treaty signing, or with the de facto death of an old monarchy and the installation of a new one, but rather as a simple fact of the changes we're seeing. Both in peoples attitudes (which is what is allowing these changes in the first place), and in the actual laws on the books (see the 30 states, including Alabama, legalizing gay marriage).






If you wanted to be a pedant, we could perhaps talk about these changes we're speaking of more formally, and with better language. To use examples, and construct our arguments with a contrast of the old and new, to make evident, or to disprove our "revolution" claims. But this, while a real conversation in forum format even, is still ultimately a casual exchange between people who more intend to share ideas and enjoy conversation, than an academic exercise (in a strict sense).

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#25 Manoka

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Posted 18 February 2015 - 02:21 PM

 
Even if we did change the supreme court system, how would this qualify as a revolution? xP
 
 

>rev·o·lu·tion
ˌrevəˈlo͞oSH(ə)n/
noun
noun: revolution; plural noun: revolutions

1.
a forcible overthrow of a government or social order in favor of a new system

I believe you're taking, I'm not even sure how to describe, but "literal" and extreme view of what 'revolution' means.

"forcible overthrow of [] social order"

verb
verb: overthrow; 3rd person present: overthrows; past tense: overthrew; gerund or present participle: overthrowing; past participle: overthrown
ˌōvərˈTHrō/

1.
remove forcibly from power.

Like with guns, and fighting the Red Coats, right?

noun
noun: overthrow; plural noun: overthrows
ˈōvərˌTHrō/

1.
a removal from power; a defeat or downfall.

Definitions are silly. And language is silly. The word is far more broad, and can apply to much smaller changes than a whole new government. Not only that, but we use words to evoke emotion, and convey meaning. Revolution is being used to convey the importance, or scope of the changes at hand.

The changes that, not being forced formally at a peace treaty signing, or with the de facto death of an old monarchy and the installation of a new one, but rather as a simple fact of the changes we're seeing. Both in peoples attitudes (which is what is allowing these changes in the first place), and in the actual laws on the books (see the 30 states, including Alabama, legalizing gay marriage).






If you wanted to be a pedant, we could perhaps talk about these changes we're speaking of more formally, and with better language. To use examples, and construct our arguments with a contrast of the old and new, to make evident, or to disprove our "revolution" claims. But this, while a real conversation in forum format even, is still ultimately a casual exchange between people who more intend to share ideas and enjoy conversation, than an academic exercise (in a strict sense).

 

Even by that definition, we wouldn't forcibly be removing the judges from power if it was through basic political means. xP

 

So it wouldn't qualify as a revolution. 

 

 

I still contend, that what we need is, a line! 



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#26 Dre4mwe4ver

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Posted 18 February 2015 - 03:15 PM

I liked that you used em dashes.

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#27 Manoka

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Posted 18 February 2015 - 04:29 PM

MLK and the civil rights movement was 40 fucking years ago.

What about.the LGBTQ community?
Do you honestly think the rights movement of 4 decades ago represented them?
What about.the.money powers owning our government officials?
Did any of that get handled in your magic fun time land?

Seriously Manoka, where the fuck do you get off and how can I help you get there.

You arent welcome here.

Well, yes I do. 

 

The only thing gay people can't do is get legal acknowledgement that they're married. Compared to, idk, being a slave, not being allowed to walk on the same side of the street, vote, being worth more than 3/5th's of a human etc. 

 

The whole marriage thing is more of a tax issue than anything else, the government isn't legally allowed to determine if you're married or not, they just record it. You can't really legalize gay marriage, since it isn't illegal in the first place. Not to say I'm against gay marriage or anything, but the whole reason it's stayed the same for so long is because the government isn't supposed to be involved with marriage in the first place, so it's 1 step forwards, 3 steps back. It opens up another can of warms to even admit that the government should play a role at all in the institution of marriage; we would need to establish what marriage even is. Legally, it doesn't even theoretically need to be about love, it just means that for tax purposes, you count as one person, instead of two people, which usually doesn't mean much. 

 

While the civil right's bill was technically in place 40 years ago, we've still have lots of benefits coming through after the fact, with real correct treatment not coming until some time after, as you'd have places that just ignored it until they were finally taken to court and so on.

 

 

I mean, I'm just saying.

 

Anyways, it wouldn't be a revolution just to change a single law, nor would it be by force, so yeah. We'd also not end up in the same place, so it wouldn't really be a revolution. Let alone against the rich, like Jorost says. 


Edited by Manoka, 18 February 2015 - 04:30 PM.


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#28 ᗅᗺᗷᗅ

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Posted 18 February 2015 - 05:40 PM

Judges rule on the cases brought before them; they do not seek out issues upon which to make rulings. As our society has become more complex — and more litigious — it has demanded a greater and greater level of detail in regard to laws and how we enforce them. Good judges are supposed to rule on the law and leave personal feelings out of it, but of course we are all human. There is no way to keep ourselves out of it entirely. A judge's interpretation of the law will necessarily be influenced by his or her knowledge, experiences, thoughts, and feelings. This is generally not a problem as long as a judge's politics align with your own. It's not activist judges conservatives hate, it's liberal activist judges. They have no problem with the many conservative activist judges. But that's neither here nor there.

 

Courts of law reflect the socio-cultural status quo of their time and place. But the funny thing about status quos (statuses quo?) is that they are not as permanent as we think they are. In fact the status quo changes all the time, it's just that, as with a child growing up, the day to day changes are so small that you don't even notice them. Then WHAM! One day you realize your kid is taller than you.

The socio-cultural center of this country has shifted markedly to the left in my lifetime. Conservatives bemoan this, liberals (for the most part) love it. I happen to think that it's a good thing, and wish things would move a little faster. But I digress. The point is that the country has changed, as it always does, as it ever will. Court decisions reflect the ever-evolving ethos of the body politic.

Take same-sex marriage. Most observers believe that the Supreme Court will uphold the constitutionality of same-sex marriage when it announces its decision this spring. Such a thought was unheard of just a few decades ago. If you had asked even the most progressive person in the 1980s how long it would be before same-sex marriage was legal they probably would have said 100 years.

Now, you might not like same-sex marriage. A lot of Americans don't. But like it or not, same-sex marriage is here to stay. And it was court decisions that got the ball rolling. Ditto for the legalization of cannabis.

Activist courts have shaped public policy in the United States since day one. They are no more a "problem" now than they ever were. The problem, for conservatives, is the larger leftward shift of the country as a whole. It must be hugely frustrating to feel like the country is moving away from you, or from the direction you believe it should take, and that no one is listening to you. But look on the bright side: at least you can smoke some weed. :drag:



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#29 Redezra

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Posted 18 February 2015 - 06:25 PM

Ditto basically everything Jorost said.

 

I may not agree with some of the policies that have emerged in the US over the last few years... but:

  1. Not my country, and
  2. even if it was, there's nothing I can do about it

The problem I'm seeing a lot of is the lack of understanding of what that vaunted term "Freedom" actually means. It does not mean you get to have whatever you want, it means everyone gets to do whatever the fuck they want. And what the LGBTTQQIAAP (get it right)... or if we want to be less alphabet soup about it, the GSD alliance, are fighting for is a kind of mental and for lack of a better term spiritual freedom that has not been allowed on humanity since they decided society needed harsh rules otherwise shit would get way out of hand and they'd all be eaten by tigers. Important then, not so much now.

If you seriously don't like where the USA, and the rest of the west, is going, then what you don't like is in fact this Freedom thing. You want restrictions, you want control, you want something more like a theocracy, or a dictatorship, or some kind of selective moralist oligarchy. If people can agree "Hey, yeah actually, that'd be a far nicer place to live", woo! good for you, and now I can deal with you again, because as many a person here will know, I'm not exactly into freedom either. But the amount of people who desperately cling to that word and espouse the opposite is so freaking annoying.



#30 Shokkou

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Posted 18 February 2015 - 06:34 PM

Judges rule on the cases brought before them; they do not seek out issues upon which to make rulings. As our society has become more complex — and more litigious — it has demanded a greater and greater level of detail in regard to laws and how we enforce them. Good judges are supposed to rule on the law and leave personal feelings out of it, but of course we are all human. There is no way to keep ourselves out of it entirely. A judge's interpretation of the law will necessarily be influenced by his or her knowledge, experiences, thoughts, and feelings. This is generally not a problem as long as a judge's politics align with your own. It's not activist judges conservatives hate, it's liberal activist judges. They have no problem with the many conservative activist judges. But that's neither here nor there.

 

Courts of law reflect the socio-cultural status quo of their time and place. But the funny thing about status quos (statuses quo?) is that they are not as permanent as we think they are. In fact the status quo changes all the time, it's just that, as with a child growing up, the day to day changes are so small that you don't even notice them. Then WHAM! One day you realize your kid is taller than you.

The socio-cultural center of this country has shifted markedly to the left in my lifetime. Conservatives bemoan this, liberals (for the most part) love it. I happen to think that it's a good thing, and wish things would move a little faster. But I digress. The point is that the country has changed, as it always does, as it ever will. Court decisions reflect the ever-evolving ethos of the body politic.

Take same-sex marriage. Most observers believe that the Supreme Court will uphold the constitutionality of same-sex marriage when it announces its decision this spring. Such a thought was unheard of just a few decades ago. If you had asked even the most progressive person in the 1980s how long it would be before same-sex marriage was legal they probably would have said 100 years.

Now, you might not like same-sex marriage. A lot of Americans don't. But like it or not, same-sex marriage is here to stay. And it was court decisions that got the ball rolling. Ditto for the legalization of cannabis.

Activist courts have shaped public policy in the United States since day one. They are no more a "problem" now than they ever were. The problem, for conservatives, is the larger leftward shift of the country as a whole. It must be hugely frustrating to feel like the country is moving away from you, or from the direction you believe it should take, and that no one is listening to you. But look on the bright side: at least you can smoke some weed. :drag:

The problem CSK is talking about is federal judges making decisions on state matters absent of any federal law. That is a problem. No one is arguing that the job of a judge is to interpret the law, but when they overstep their bounds and start making decisions with no basis in the law of their jurisdiction there is no defense for that. I'm sure it's very easy to smugly write everything off as the frustration of people who don't agree with the direction when things are going the way you want anyway, but they're not going that direction via the proper channels and that is unacceptable. Maybe, instead of smoking weed, the frustrated people will come up with their own solution. Maybe there will be a revolution, just not the one you're expecting.



#31 Manoka

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Posted 18 February 2015 - 10:29 PM

To be honest, I was being a bit contrarion, but, my main point is if the state started to recognize gay marriage, it wouldn't really qualify as a revolution. The LGBT community was helped by the civil rights movements, since discrimination on a large amount of criteria effectively became illegal, and those who practiced it could be sent to court for it. It's no longer where you can't walk on the same side of the street as the other people, it's just to where something fairly arbitrary isn't recognized. What is marriage, exactly, and what does it do? Technically, the government isn't supposed to be involved, as they don't get into such affairs of the people, so all they're really supposed to do is record marriages, not determine them, although it's often seen that way. While I support gay marriage, and don't want to trivialize it as an issue, I just mean to express the magnitude of the other pressing issues which had far more profound effects (like being able ot vote, not be property, have your votes matter etc.), and what gay marriage is, which is largely symbolic. Saying that you can have what he has, even if it's largely unimportant, to show equality and non-preferential treatment.

 

Marriage, recognized by the state, was never intended to be a right, since the government does not, or is supposed to not, grant you the right of marriage (separation of church and state and all that). In fact, it's poorly defined all together; it's why many liberal leaning countries, like Australia, still don't have gay marriage, it's mostly due to logistics. It's important to also note that you can't legalize gay marriage, since it technically isn't illegal. We don't normal expect titles to be given to people in modern society, like Knight, or Bishop, but much like Doctor, that's all it really is, so it becomes weird to mess with. Today, the only possible purpose of it, legally, is via the tax implications, which more or less count you as a single person. It helps to explain how a stay at home spouse suddenly got 40,000 dollars to spend, and how it wasn't from a robbery or anything, they got it from their partner. Marriage is already so illy defined, by the state, that, changing the marriage to reflect something new begs the question, what is it really here for? The only obvious legal ramifications of it are more or less for tax purposes. In fact, that's all it's for. The government never intended to recognize all marriage, as with people marrying their golf clubs or baseball gloves, or like with polygamy. We could recognize polygamy, but what that means is now that ultrarich people could spread out their money over potentially millions in religious cults where everyone is married, and get out of paying taxes as if they were in a higher income bracket, after it washes out over everyone (marriage, right now, is as such taht if you make say, 100,000 a year, and your wife stays at home, you only get taxed if you were making 50,000 a year, or half that money; so, with 1 million people, each making an average of 50,000 a year, or say half at 20,000 and half at 80,000, they'd be taxed as if they made 50,000 a year, or were in a middle class income tax bracket). You also have to remember that corporations legally count as people, too. Saying a man and a woman differentiates the idea of people, who legally count as a whole lot of things, from trusts to corporations, and thus also have lots of money which can be spread out. For tax benefits, now corporations could go out and get married in the thousands. The ideas of what can happen next are pretty startling. So, what then, we ban polygamy for the rich? 

 

The only fair thing to do, at this point, is to define two forms of marriages, one for tax purposes, and one for symbolic names, since people are only looking for legitimacy by the government in their marriages anyways, since a person determines if they are married or not, not the government. Legally, love doesn't even need to be a part of marriage. Domestic partnerships between roomates could be platonic, as well. 

 

 

It's a far more complex issue when we consider that marriage by the state's only real purpose is for tax issues. And changing it would be like taking 1 step forward and 3 steps back, since it's really not supposed to exist in the first place. It was never intended to recognize all marriages or unions between people, just make it easier on the government and the people who were in typical relationships. On and on, it becomes a tad crazy to deal with.

 

Anyways, despite all this, my main point is, civil rights did help the LGBT communiy, with the only thing being left the matter of marriage which both sides support about equally (with the liberal side leaning more towards it), that isn't resolved yet primarily due to logistical issues. The civil rights acts may have technically been ratified in 1964, but it took much longer for the effects to actually take place, and people would only stop being discriminatory if the cases were brought to court. Today, even if we had some minor change in regards to civil rights, it wouldn't really qualify as some new upheaval of an old system, just some minor changes, so it wouldn't really be a revolution. Let alone directed at the rich, as Jorost suggests. 

 

 

As for the whole conservative thing, I challenge you to actually name a single piece of racist legislation proposed by the Republicans, in the last 40 years. Or ever. 


Edited by Manoka, 18 February 2015 - 10:32 PM.


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#32 Phate

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Posted 19 February 2015 - 01:17 AM

To be honest, I was being a bit contrarion, but, my main point is if the state started to recognize gay marriage, it wouldn't really qualify as a revolution. The LGBT community was helped by the civil rights movements, since discrimination on a large amount of criteria effectively became illegal, and those who practiced it could be sent to court for it. It's no longer where you can't walk on the same side of the street as the other people, it's just to where something fairly arbitrary isn't recognized. What is marriage, exactly, and what does it do? Technically, the government isn't supposed to be involved, as they don't get into such affairs of the people, so all they're really supposed to do is record marriages, not determine them, although it's often seen that way. While I support gay marriage, and don't want to trivialize it as an issue, I just mean to express the magnitude of the other pressing issues which had far more profound effects (like being able ot vote, not be property, have your votes matter etc.), and what gay marriage is, which is largely symbolic. Saying that you can have what he has, even if it's largely unimportant, to show equality and non-preferential treatment.

 

Marriage, recognized by the state, was never intended to be a right, since the government does not, or is supposed to not, grant you the right of marriage (separation of church and state and all that). In fact, it's poorly defined all together; it's why many liberal leaning countries, like Australia, still don't have gay marriage, it's mostly due to logistics. It's important to also note that you can't legalize gay marriage, since it technically isn't illegal. We don't normal expect titles to be given to people in modern society, like Knight, or Bishop, but much like Doctor, that's all it really is, so it becomes weird to mess with. Today, the only possible purpose of it, legally, is via the tax implications, which more or less count you as a single person. It helps to explain how a stay at home spouse suddenly got 40,000 dollars to spend, and how it wasn't from a robbery or anything, they got it from their partner. Marriage is already so illy defined, by the state, that, changing the marriage to reflect something new begs the question, what is it really here for? The only obvious legal ramifications of it are more or less for tax purposes. In fact, that's all it's for. The government never intended to recognize all marriage, as with people marrying their golf clubs or baseball gloves, or like with polygamy. We could recognize polygamy, but what that means is now that ultrarich people could spread out their money over potentially millions in religious cults where everyone is married, and get out of paying taxes as if they were in a higher income bracket, after it washes out over everyone (marriage, right now, is as such taht if you make say, 100,000 a year, and your wife stays at home, you only get taxed if you were making 50,000 a year, or half that money; so, with 1 million people, each making an average of 50,000 a year, or say half at 20,000 and half at 80,000, they'd be taxed as if they made 50,000 a year, or were in a middle class income tax bracket). You also have to remember that corporations legally count as people, too. Saying a man and a woman differentiates the idea of people, who legally count as a whole lot of things, from trusts to corporations, and thus also have lots of money which can be spread out. For tax benefits, now corporations could go out and get married in the thousands. The ideas of what can happen next are pretty startling. So, what then, we ban polygamy for the rich? 

 

The only fair thing to do, at this point, is to define two forms of marriages, one for tax purposes, and one for symbolic names, since people are only looking for legitimacy by the government in their marriages anyways, since a person determines if they are married or not, not the government. Legally, love doesn't even need to be a part of marriage. Domestic partnerships between roomates could be platonic, as well. 

 

 

It's a far more complex issue when we consider that marriage by the state's only real purpose is for tax issues. And changing it would be like taking 1 step forward and 3 steps back, since it's really not supposed to exist in the first place. It was never intended to recognize all marriages or unions between people, just make it easier on the government and the people who were in typical relationships. On and on, it becomes a tad crazy to deal with.

 

Anyways, despite all this, my main point is, civil rights did help the LGBT communiy, with the only thing being left the matter of marriage which both sides support about equally (with the liberal side leaning more towards it), that isn't resolved yet primarily due to logistical issues. The civil rights acts may have technically been ratified in 1964, but it took much longer for the effects to actually take place, and people would only stop being discriminatory if the cases were brought to court. Today, even if we had some minor change in regards to civil rights, it wouldn't really qualify as some new upheaval of an old system, just some minor changes, so it wouldn't really be a revolution. Let alone directed at the rich, as Jorost suggests. 

 

 

As for the whole conservative thing, I challenge you to actually name a single piece of racist legislation proposed by the Republicans, in the last 40 years. Or ever. 

 

Too long, did not read.



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#33 Redezra

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Posted 19 February 2015 - 02:32 AM

Manoka, did not read.



#34 Justavictim82

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Posted 19 February 2015 - 02:53 AM

 

Good judges are supposed to rule on the law and leave personal feelings out of it, but of course we are all human. There is no way to keep ourselves out of it entirely. A judge's interpretation of the law will necessarily be influenced by his or her knowledge, experiences, thoughts, and feelings.

 
Herein lies your problem Jorost: Judges are not impartial as they are meant to be. Partisanship plays a factor in every level of the Judicial Branch. That is why we at times have 90 year old Supreme Court Justices biding their time and waiting out a Presidential term so they can be replaced with someone of similar ideologies. It isn't just the appointed Federal Judges as CeltSoldierKev pointed out, it is the entire branch. I don't see that changing in the near future as it would likely take a Constitutional Amendment to hammer down all of those changes. 

 

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#35 Manoka

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Posted 19 February 2015 - 09:11 AM

To be honest, I was being a bit contrarion, but, my main point is if the state started to recognize gay marriage, it wouldn't really qualify as a revolution. The LGBT community was helped by the civil rights movements, since discrimination on a large amount of criteria effectively became illegal, and those who practiced it could be sent to court for it. It's no longer where you can't walk on the same side of the street as the other people, it's just to where something fairly arbitrary isn't recognized. What is marriage, exactly, and what does it do? Technically, the government isn't supposed to be involved, as they don't get into such affairs of the people, so all they're really supposed to do is record marriages, not determine them, although it's often seen that way. While I support gay marriage, and don't want to trivialize it as an issue, I just mean to express the magnitude of the other pressing issues which had far more profound effects (like being able ot vote, not be property, have your votes matter etc.), and what gay marriage is, which is largely symbolic. Saying that you can have what he has, even if it's largely unimportant, to show equality and non-preferential treatment.

 

Marriage, recognized by the state, was never intended to be a right, since the government does not, or is supposed to not, grant you the right of marriage (separation of church and state and all that). In fact, it's poorly defined all together; it's why many liberal leaning countries, like Australia, still don't have gay marriage, it's mostly due to logistics. It's important to also note that you can't legalize gay marriage, since it technically isn't illegal. We don't normal expect titles to be given to people in modern society, like Knight, or Bishop, but much like Doctor, that's all it really is, so it becomes weird to mess with. Today, the only possible purpose of it, legally, is via the tax implications, which more or less count you as a single person. It helps to explain how a stay at home spouse suddenly got 40,000 dollars to spend, and how it wasn't from a robbery or anything, they got it from their partner. Marriage is already so illy defined, by the state, that, changing the marriage to reflect something new begs the question, what is it really here for? The only obvious legal ramifications of it are more or less for tax purposes. In fact, that's all it's for. The government never intended to recognize all marriage, as with people marrying their golf clubs or baseball gloves, or like with polygamy. We could recognize polygamy, but what that means is now that ultrarich people could spread out their money over potentially millions in religious cults where everyone is married, and get out of paying taxes as if they were in a higher income bracket, after it washes out over everyone (marriage, right now, is as such taht if you make say, 100,000 a year, and your wife stays at home, you only get taxed if you were making 50,000 a year, or half that money; so, with 1 million people, each making an average of 50,000 a year, or say half at 20,000 and half at 80,000, they'd be taxed as if they made 50,000 a year, or were in a middle class income tax bracket). You also have to remember that corporations legally count as people, too. Saying a man and a woman differentiates the idea of people, who legally count as a whole lot of things, from trusts to corporations, and thus also have lots of money which can be spread out. For tax benefits, now corporations could go out and get married in the thousands. The ideas of what can happen next are pretty startling. So, what then, we ban polygamy for the rich? 

 

The only fair thing to do, at this point, is to define two forms of marriages, one for tax purposes, and one for symbolic names, since people are only looking for legitimacy by the government in their marriages anyways, since a person determines if they are married or not, not the government. Legally, love doesn't even need to be a part of marriage. Domestic partnerships between roomates could be platonic, as well. 

 

 

It's a far more complex issue when we consider that marriage by the state's only real purpose is for tax issues. And changing it would be like taking 1 step forward and 3 steps back, since it's really not supposed to exist in the first place. It was never intended to recognize all marriages or unions between people, just make it easier on the government and the people who were in typical relationships. On and on, it becomes a tad crazy to deal with.

 

Anyways, despite all this, my main point is, civil rights did help the LGBT communiy, with the only thing being left the matter of marriage which both sides support about equally (with the liberal side leaning more towards it), that isn't resolved yet primarily due to logistical issues. The civil rights acts may have technically been ratified in 1964, but it took much longer for the effects to actually take place, and people would only stop being discriminatory if the cases were brought to court. Today, even if we had some minor change in regards to civil rights, it wouldn't really qualify as some new upheaval of an old system, just some minor changes, so it wouldn't really be a revolution. Let alone directed at the rich, as Jorost suggests. 

 

 

As for the whole conservative thing, I challenge you to actually name a single piece of racist legislation proposed by the Republicans, in the last 40 years. Or ever. 

 

Too long, did not read.

Civil rights helped with the LGBT community, all that's left is gay marriage, which is more about tax implications than anything else, what with corporations and other entities qualifying as people and now making it so that if any two people can marry, taxes will be thrown out of whack. It's why even countries like Australia don't have gay marriage yet. On top of the fact that the government was never supposed to be involved with marriage in the first place. Kind of like how "In God we trust" is on our coins. 

 

Also, prove dah Republicans are racist; what's the last piece of legislation they've ever proposed?



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#36 King Biscuit

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Posted 19 February 2015 - 10:52 AM

 

To be honest, I was being a bit contrarion, but, my main point is if the state started to recognize gay marriage, it wouldn't really qualify as a revolution. The LGBT community was helped by the civil rights movements, since discrimination on a large amount of criteria effectively became illegal, and those who practiced it could be sent to court for it. It's no longer where you can't walk on the same side of the street as the other people, it's just to where something fairly arbitrary isn't recognized. What is marriage, exactly, and what does it do? Technically, the government isn't supposed to be involved, as they don't get into such affairs of the people, so all they're really supposed to do is record marriages, not determine them, although it's often seen that way. While I support gay marriage, and don't want to trivialize it as an issue, I just mean to express the magnitude of the other pressing issues which had far more profound effects (like being able ot vote, not be property, have your votes matter etc.), and what gay marriage is, which is largely symbolic. Saying that you can have what he has, even if it's largely unimportant, to show equality and non-preferential treatment.

 

Marriage, recognized by the state, was never intended to be a right, since the government does not, or is supposed to not, grant you the right of marriage (separation of church and state and all that). In fact, it's poorly defined all together; it's why many liberal leaning countries, like Australia, still don't have gay marriage, it's mostly due to logistics. It's important to also note that you can't legalize gay marriage, since it technically isn't illegal. We don't normal expect titles to be given to people in modern society, like Knight, or Bishop, but much like Doctor, that's all it really is, so it becomes weird to mess with. Today, the only possible purpose of it, legally, is via the tax implications, which more or less count you as a single person. It helps to explain how a stay at home spouse suddenly got 40,000 dollars to spend, and how it wasn't from a robbery or anything, they got it from their partner. Marriage is already so illy defined, by the state, that, changing the marriage to reflect something new begs the question, what is it really here for? The only obvious legal ramifications of it are more or less for tax purposes. In fact, that's all it's for. The government never intended to recognize all marriage, as with people marrying their golf clubs or baseball gloves, or like with polygamy. We could recognize polygamy, but what that means is now that ultrarich people could spread out their money over potentially millions in religious cults where everyone is married, and get out of paying taxes as if they were in a higher income bracket, after it washes out over everyone (marriage, right now, is as such taht if you make say, 100,000 a year, and your wife stays at home, you only get taxed if you were making 50,000 a year, or half that money; so, with 1 million people, each making an average of 50,000 a year, or say half at 20,000 and half at 80,000, they'd be taxed as if they made 50,000 a year, or were in a middle class income tax bracket). You also have to remember that corporations legally count as people, too. Saying a man and a woman differentiates the idea of people, who legally count as a whole lot of things, from trusts to corporations, and thus also have lots of money which can be spread out. For tax benefits, now corporations could go out and get married in the thousands. The ideas of what can happen next are pretty startling. So, what then, we ban polygamy for the rich? 

 

The only fair thing to do, at this point, is to define two forms of marriages, one for tax purposes, and one for symbolic names, since people are only looking for legitimacy by the government in their marriages anyways, since a person determines if they are married or not, not the government. Legally, love doesn't even need to be a part of marriage. Domestic partnerships between roomates could be platonic, as well. 

 

 

It's a far more complex issue when we consider that marriage by the state's only real purpose is for tax issues. And changing it would be like taking 1 step forward and 3 steps back, since it's really not supposed to exist in the first place. It was never intended to recognize all marriages or unions between people, just make it easier on the government and the people who were in typical relationships. On and on, it becomes a tad crazy to deal with.

 

Anyways, despite all this, my main point is, civil rights did help the LGBT communiy, with the only thing being left the matter of marriage which both sides support about equally (with the liberal side leaning more towards it), that isn't resolved yet primarily due to logistical issues. The civil rights acts may have technically been ratified in 1964, but it took much longer for the effects to actually take place, and people would only stop being discriminatory if the cases were brought to court. Today, even if we had some minor change in regards to civil rights, it wouldn't really qualify as some new upheaval of an old system, just some minor changes, so it wouldn't really be a revolution. Let alone directed at the rich, as Jorost suggests. 

 

 

As for the whole conservative thing, I challenge you to actually name a single piece of racist legislation proposed by the Republicans, in the last 40 years. Or ever. 

 

Too long, did not read.

Civil rights helped with the LGBT community, all that's left is gay marriage, which is more about tax implications than anything else, what with corporations and other entities qualifying as people and now making it so that if any two people can marry, taxes will be thrown out of whack. It's why even countries like Australia don't have gay marriage yet. On top of the fact that the government was never supposed to be involved with marriage in the first place. Kind of like how "In God we trust" is on our coins. 

 

Also, prove dah Republicans are racist; what's the last piece of legislation they've ever proposed?

 

Long enough to read, still didn't read.



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#37 CeltSoldierKev

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Posted 19 February 2015 - 11:37 AM

Judges rule on the cases brought before them; they do not seek out issues upon which to make rulings. As our society has become more complex — and more litigious — it has demanded a greater and greater level of detail in regard to laws and how we enforce them. Good judges are supposed to rule on the law and leave personal feelings out of it, but of course we are all human. There is no way to keep ourselves out of it entirely. A judge's interpretation of the law will necessarily be influenced by his or her knowledge, experiences, thoughts, and feelings. This is generally not a problem as long as a judge's politics align with your own. It's not activist judges conservatives hate, it's liberal activist judges. They have no problem with the many conservative activist judges. But that's neither here nor there.

 

Courts of law reflect the socio-cultural status quo of their time and place. But the funny thing about status quos (statuses quo?) is that they are not as permanent as we think they are. In fact the status quo changes all the time, it's just that, as with a child growing up, the day to day changes are so small that you don't even notice them. Then WHAM! One day you realize your kid is taller than you.

The socio-cultural center of this country has shifted markedly to the left in my lifetime. Conservatives bemoan this, liberals (for the most part) love it. I happen to think that it's a good thing, and wish things would move a little faster. But I digress. The point is that the country has changed, as it always does, as it ever will. Court decisions reflect the ever-evolving ethos of the body politic.

Take same-sex marriage. Most observers believe that the Supreme Court will uphold the constitutionality of same-sex marriage when it announces its decision this spring. Such a thought was unheard of just a few decades ago. If you had asked even the most progressive person in the 1980s how long it would be before same-sex marriage was legal they probably would have said 100 years.

Now, you might not like same-sex marriage. A lot of Americans don't. But like it or not, same-sex marriage is here to stay. And it was court decisions that got the ball rolling. Ditto for the legalization of cannabis.

Activist courts have shaped public policy in the United States since day one. They are no more a "problem" now than they ever were. The problem, for conservatives, is the larger leftward shift of the country as a whole. It must be hugely frustrating to feel like the country is moving away from you, or from the direction you believe it should take, and that no one is listening to you. But look on the bright side: at least you can smoke some weed. :drag:

1) Yes, same-sex marriage will be deemed Constitutional.  But, they may, just may, also deem banning of same-sex marriage Constitutional.  Since, you know, states have certain powers, including marriage law.  And if 1 state wants to allow it, great.  If another wants to keep marriage between one man and one woman, they can do that too.

 

10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people."

 

Damn!  That pesky piece of paper again.

 

2) So you're saying that legalization of cannabis is due to court decisions?  You sure about that?  I'm pretty sure I remember several states enacting statute after referendums to legalize both medicinal and recreational marijuana use.  State-wide referendums and legislative bills are completely different that judicial fiat.


Edited by CeltSoldierKev, 19 February 2015 - 11:44 AM.


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#38 ᗅᗺᗷᗅ

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Posted 19 February 2015 - 12:57 PM

They might vote against same-sex marriage, but all the signs point in the opposite direction. The tough stance they adopted toward Mississippi, for example, is widely seen as telegraphing a favorable decision.

 

As to cannabis, yes, it was court cases that started the ball rolling. Later states started legalizing it through their legislatures, but in the decade or so before that it was court cases that pushed the decriminalization movement forward. But that's a pretty typical pattern. By the time legislative bodies have gotten around to enacting laws about a thing that thing is usually old news. Heh.

If we're going to talk about problematic judges, I would like to bring up the idea of electing judges, which is done in about 1/3 of the country. That seems like a terrible system for choosing a judge. It would be like voting for your plumber or your doctor. The bench is no place for a popularity contest. Fortunately all our judges are appointed in Massachusetts.

 

I do agree that the SCOTUS has become too political. One solution would be to adopt a mandatory retirement age, but of course then it would be a race to the bottom as politicians appoint younger and younger justices in order to extend their influence. An alternative idea would be to have Supreme Court justices serve for one nine-year term. That way there would always be a vacancy every year, and the court would bot become packed with octogenarians. But this would only exacerbate the politicization.



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#39 Manoka

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Posted 19 February 2015 - 07:49 PM



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#40 Manoka

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Posted 19 February 2015 - 08:29 PM

 

 

To be honest, I was being a bit contrarion, but, my main point is if the state started to recognize gay marriage, it wouldn't really qualify as a revolution. The LGBT community was helped by the civil rights movements, since discrimination on a large amount of criteria effectively became illegal, and those who practiced it could be sent to court for it. It's no longer where you can't walk on the same side of the street as the other people, it's just to where something fairly arbitrary isn't recognized. What is marriage, exactly, and what does it do? Technically, the government isn't supposed to be involved, as they don't get into such affairs of the people, so all they're really supposed to do is record marriages, not determine them, although it's often seen that way. While I support gay marriage, and don't want to trivialize it as an issue, I just mean to express the magnitude of the other pressing issues which had far more profound effects (like being able ot vote, not be property, have your votes matter etc.), and what gay marriage is, which is largely symbolic. Saying that you can have what he has, even if it's largely unimportant, to show equality and non-preferential treatment.

 

Marriage, recognized by the state, was never intended to be a right, since the government does not, or is supposed to not, grant you the right of marriage (separation of church and state and all that). In fact, it's poorly defined all together; it's why many liberal leaning countries, like Australia, still don't have gay marriage, it's mostly due to logistics. It's important to also note that you can't legalize gay marriage, since it technically isn't illegal. We don't normal expect titles to be given to people in modern society, like Knight, or Bishop, but much like Doctor, that's all it really is, so it becomes weird to mess with. Today, the only possible purpose of it, legally, is via the tax implications, which more or less count you as a single person. It helps to explain how a stay at home spouse suddenly got 40,000 dollars to spend, and how it wasn't from a robbery or anything, they got it from their partner. Marriage is already so illy defined, by the state, that, changing the marriage to reflect something new begs the question, what is it really here for? The only obvious legal ramifications of it are more or less for tax purposes. In fact, that's all it's for. The government never intended to recognize all marriage, as with people marrying their golf clubs or baseball gloves, or like with polygamy. We could recognize polygamy, but what that means is now that ultrarich people could spread out their money over potentially millions in religious cults where everyone is married, and get out of paying taxes as if they were in a higher income bracket, after it washes out over everyone (marriage, right now, is as such taht if you make say, 100,000 a year, and your wife stays at home, you only get taxed if you were making 50,000 a year, or half that money; so, with 1 million people, each making an average of 50,000 a year, or say half at 20,000 and half at 80,000, they'd be taxed as if they made 50,000 a year, or were in a middle class income tax bracket). You also have to remember that corporations legally count as people, too. Saying a man and a woman differentiates the idea of people, who legally count as a whole lot of things, from trusts to corporations, and thus also have lots of money which can be spread out. For tax benefits, now corporations could go out and get married in the thousands. The ideas of what can happen next are pretty startling. So, what then, we ban polygamy for the rich? 

 

The only fair thing to do, at this point, is to define two forms of marriages, one for tax purposes, and one for symbolic names, since people are only looking for legitimacy by the government in their marriages anyways, since a person determines if they are married or not, not the government. Legally, love doesn't even need to be a part of marriage. Domestic partnerships between roomates could be platonic, as well. 

 

 

It's a far more complex issue when we consider that marriage by the state's only real purpose is for tax issues. And changing it would be like taking 1 step forward and 3 steps back, since it's really not supposed to exist in the first place. It was never intended to recognize all marriages or unions between people, just make it easier on the government and the people who were in typical relationships. On and on, it becomes a tad crazy to deal with.

 

Anyways, despite all this, my main point is, civil rights did help the LGBT communiy, with the only thing being left the matter of marriage which both sides support about equally (with the liberal side leaning more towards it), that isn't resolved yet primarily due to logistical issues. The civil rights acts may have technically been ratified in 1964, but it took much longer for the effects to actually take place, and people would only stop being discriminatory if the cases were brought to court. Today, even if we had some minor change in regards to civil rights, it wouldn't really qualify as some new upheaval of an old system, just some minor changes, so it wouldn't really be a revolution. Let alone directed at the rich, as Jorost suggests. 

 

 

As for the whole conservative thing, I challenge you to actually name a single piece of racist legislation proposed by the Republicans, in the last 40 years. Or ever. 

 

Too long, did not read.

Civil rights helped with the LGBT community, all that's left is gay marriage, which is more about tax implications than anything else, what with corporations and other entities qualifying as people and now making it so that if any two people can marry, taxes will be thrown out of whack. It's why even countries like Australia don't have gay marriage yet. On top of the fact that the government was never supposed to be involved with marriage in the first place. Kind of like how "In God we trust" is on our coins. 

 

Also, prove dah Republicans are racist; what's the last piece of legislation they've ever proposed?

 

Long enough to read, still didn't read.

I did not pretend to be in Vietnam in multiple bars across America, to be treated like this. emoticon8_zps85b3b04d.png


Edited by Manoka, 19 February 2015 - 08:29 PM.


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