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Watching the premier of HBO's new show last night, it dawned on me that we were in for a new fussilade of conservative commentary on the subject of polygamy and that I'm wildly unprepared to cope with it. Maggie Gallagher kicks things off here and proves that, yes, those who dwell in the fever swamps of the gay marriage opposition movement have spent a lot more time thinking about this than I have.

I suppose the "right" thing to say, from a political perspective, is that there's certainly no logical reason that letting gay and lesbian couples get married requires legal recognition of polygamy. But would it be so terrible? In Stanley Kurtz's nightmare scenario once gay marriage is legal, then polygamous Mormon fundamentalists will get their rights, which in turn will lead to widespread adoption of polyamorous lifestyles leading, in turn, to massive "swinging" and the general breakdown of Western Civilization. That all seems odd to me. Aren't conservatives supposed to believe in human nature? Don't they think there's probably a reason most people don't live like that that's a little deeper entrenched than legal non-recognition of gay couples?


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Aren't conservatives supposed to believe in human nature?


Yes, Matt. But they aren't fer it; they're agin' it:

...solitary, poor, nasty, brutish, and short.

Whether the legalization of gay marriage logically requires the legalization of polygamy deponds on how and why gay marriage gets legalized.  If a court decides that the government has no business regulating who you love or what goes on in the bedroom (the kind of talk in Lawrence v. Texas), then that kind of rationalization could/should lead to legalization of polygamy.    However, if a court rules that the ban on gay marriage is gender discrimination, just like Loving v. Virginia involved race discrimination, then such a ruling should not require the legalization of polygamy.  No?

However, if a court rules that the ban on gay marriage is gender discrimination, just like Loving v. Virginia involved race discrimination, then such a ruling should not require the legalization of polygamy.

 

In Loving, it was easy to hold that a law against interracial marriage discriminated against blacks.  But it's a lot harder to say that a law against intragender marriage discriminates against women (or men, for that mattter).  It discriminates against gays, not against people of a given gender.

Right - the assumption, I think, is that our essential human nature is that we're all violent, selfish beasts who really want to grab all the food and mates we can while beating back the competition. Beneath the veneer of civilization, there's just the famous, constant war of all against all. Only the threat of jail time keeps anarchy from breaking out.

 Thus the fear of tampering with the delicate instruments of society: once you start tinkering around the edges, God knows where it will all end.

You should realize that the de-legalization of marriage would make the legalization (i.e. enshrinement in law) of any particular spiritually religious or secularly religious or utterly irreligious brand of 'marriage'
or cohabitation to be impossible to impose on others in terms of a relationship invoking legally enforceable financial benefits.

 

What we need is a government that doesn't prefer any kind of marriage and doesn't allow people to use government to jockey for control over others in regards to relationships.

 

Bad conduct in relationships is entirely another subject.  Slavery, taking advantage of the young, abuse, incest, denial of health or treatment, selling of persons, sexual exploitation of persons, and so forth, could all be outlawed or regulated by government within any and all relationships, not necessarily married ones alone, without respect to marital status.  There must be a set of moral values that relate to the morals, health and welfare that government laws and rules address -- that is what laws are -- standards, norms, rules and the like.

 

And again, to regulate divorce (the dissolution of a relationship of shared parenthood, assets or living space) is not marriage specific.  The relationships breaking up are outside a marriage anyway -- it is a management of logistics of the settlement of broken relationships of closeness that sometimes lead to public disorder and violence that should be the basis for government involvement in divorce law, not control over marriage or its definition.

 

Adultery used to be illegal, and I don't know why it is no longer illegal except the cops, legislators presidents and judges wanted to engage in it without losing their positions of power.  And so a major cause of social irresponsibility, traumatized children of divorce and other incongruities with supposed social compassion in government is overlooked.  It is not only unjust, it is a dissolution of social fabric.  And, that is not only wrong, it is wrong for a reason having to do with expecting certain obediences to one's own commitments in society, and that others honor those commitments.

 

Does everything outlawed by government require a punitive prison sentence?  Of course not.  There are other ways to make illegal conduct costly to a person that would place (never a perfect) but at least an effective limit on the behavior.  Meanwhile, a preventive approach could also be involved with the regulatory one.  This is a different topic from the principle one.

 

There is a way to free the factions from one another on this "legalized" marriage topic, and it should include not forcing people to recognize marriages of those they don't believe in via benefits or government teachings or bizarre social engineering projects, or whatever.  Neither should it allow people to pry into others' lives where the others are otherwise obeying the laws.

Not every one is spiritually religious, and must not be forced to be so.

yourcenour

Mathhew, I usually agree with you, but I fail to see the connection between gay marriage and polyamory.  The principle supporting gay marriage is "men and women should be treated the same under the law."  The principle supporting polyamory is "people can marry whomever they want."  Different principles, leading to different outcomes.

The correct place to be on this and on all of these issues is on the side of individual freedom.  How does it hurt me or anyone else if these people want to live that way? I think we need to have a legal age below which people cannot legally get married but other than that what business is it of mine or anyone else's?

 The way to play it politically is the same for this as it is for gay marriage and abortion: I am for freedom of the individual to live as he or she chooses and to make their own decisions as long as it doesn't hurt anyone else. Followed by the question: Do you really want the government getting involved in your personal decisions?

Make people opposed to gay marriage and these other issues look like busybodies who want to get into people's personal decisions. 

 

Plus, I bet all Mormons vote.

 

 

Legalistically you're correct, but even that assumes the legalization of marriage will take place along legalistic, libertarian lines in courtrooms rather than a broad social recognition that same-gender relationships are just as valid as opposite-gender ones.  When Maggie Gallagher says "I'm also not comfortable making a slippery slope argument about polygamy because as I've said before I think genderless marriage is really an even more striking and destructive departure from our core marriage idea", she puts herself out on a limb that as decades goes on will become more and more lonely.  One could imagine her with her "Rule of Opposites" and "Rule of Two" argung for a "Rule of Species" even more universal than those two that would outlaw interracial marriage.  We are fast approaching the time when the best argument is not one of legalistic equality, but one of labelling those who believe same-sex relationships are immoral as the bigots that they are--just as most of us would label anyone who felt that way about interracial relationships.  Rather than getting the government out of marriage, we bring the government to our side.

 

In some ways, though, I wonder if the conservative fear that same-sex marriage would lead to polygamy makes sense to them because polygamy and its patriarchal tendency is less horrifying to conservatives than it is to liberals. Conservatism and tradition aren't as threatened by the assymetry of polygamy as much as liberalism and democracy are.

One thing I am reminded of in this thread is that the most repressive, uptight people I know were themselves at one time the kind of hedonous libertines they now fear and rail against.

 

They're sort of like reformed smokers or alchoholics, now that I think about it...

 

-Dave Adams-

J. McCutchen "JmacSF"

San Francisco. CA

Opening line Sopranos - one FBI agent to another

No one's ever gone broke underestimating the taste of the American public

In Loving, it was easy to hold that a law against interracial marriage discriminated against blacks.

Why is it so easy? I happen to know black people who are opposed to blacks (especially their children) marrying non-blacks. Would they be discriminating against blacks also?

This reminds me of Winston Churchill’s quip: "If you’re not a liberal when you’re young, you have no heart; if you’re not a conservative when you’re old, you have no brains."

"Don't they think there's probably a reason most people don't live like that that's a little deeper entrenched than legal non-recognition of gay couples? "

 

Yeah, there's a reason - most humans are idiots and think their current social setting is all that has ever existed throughout history (courtesy of a useless educational system.)

 

Anybody who looks at the vast sweep of human sexual history and the wildly varying human sexual mores in hundreds or thousands of cultures has to conclude that there is NOTHING about human sexuality that really needs to be legally regulated (except perhaps medical issues such as AIDS) and NOTHING that leads to "a breakdown of civilization." In fact, the opposite is true. The more sexual "regulation" there is - morally or legally -  the more likely oppression will set in and lead to some sort of social upheaval on some scale.

 

And that even includes incest and pedophilia and child porn (actual child abuse is another matter.)   Incest has little genetic effect and its psychological effects are dependent on social mores, and the age of consent for sexual relations in the United States was around 13-14 for half its history.

 

In other words, as usual, everything you know about sex is wrong. So it's hardly a surprise that a bunch of born-again Christians get it wrong. They don't even know Jesus was married (as a Jewish rabbi at the time, he was required to be married.)

 

Richard Steven Hack

www.computerproblemssolvedcheap.com 

Because it's not approving of interracial marriage at issue, it's approving of the legality of interracial marriage.  I may not want my children to marry non-Jews, for instance.  But I don't think it should be illegal for them to do so. 

Moonbat, I think your distinction is inaccurate. You argue that the ban on gay marriage is only discriminatory against that subset of women or men (gays) who want to marry others of their own gender.

 

By your own logic, then, banning interacial marriage doesn't discriminate against all blacks - just that subset that wants to marry non-blacks. 

 

Voteless In DC

 Re: And that even includes incest and pedophilia and child porn (actual child abuse is another matter.)

 Pedophilia are child porn are NOT a species of child abuse??!!?

The law in Loving was intended to reinforce white supremacy by keeping whites and blacks apart, enforcing a caste sytsem organized by race.   One cannot argue that a ban on intragender marriage serves to maintain one gender over another, though; the point is not to stigmatize women (or men).  It maintains the status of one orientation over another. 

 

That's NOT gender discrimination.  That doesn't mean it's not BAD; just that it's not based on a classification that turns on the axis of gender per se.  To argue that it's gender discrimination, you would have to argue that it discriminates against both men and women, a position which is utterly incoherent.

Right - the assumption, I think, is that our essential human nature is that we're all violent, selfish beasts who really want to grab all the food and mates we can while beating back the competition. Beneath the veneer of civilization, there's just the famous, constant war of all against all. Only the threat of jail time keeps anarchy from breaking out.

 Thus the fear of tampering with the delicate instruments of society: once you start tinkering around the edges, God knows where it will all end.

And the opposite assumption is that people are all wonderful, that there was never war or brutality until civilization ruined it (particularly patriarchy) and that all you need is love.

 

Thus the paternalistic fascists hinder the wise and visionary revolutionaries. A revolution of moral rightousness and certitude which can't deliver us unto utopia too soon. Which is where we came from, of course.

 

Absurd stereotypes. They're mostly crap with a bit of truth distorted, on both sides.

To argue that it's gender discrimination, you would have to argue that it discriminates against both men and women, a position which is utterly incoherent.

Exactly. That's one of those arguments having flawed appeal in the short term but stands no chance of winning in the long term.

 

Anyone making that particular case for gay marriage is either a pandering clever attorney trying to make a career for themself by ripping off the LGBT community and foundatios, or a sincere idiot.

 

Pedophilia are child porn are NOT a species of child abuse??!!?

 

No more so than homosexuality is abuse.  All are deviant, but to be abusive presumes that love and caring and tenderness are  not involved...and howcould we as a society be so presumptious to think that an adult cannot have a loving sexual relationship with a child...if homosexuals can love each other so can a pedophile love is partner.

If the child porn is done lovingly it should not be considered anymore abusive than fisting...it is all about what sexual proclivities are preferred.

 

In short, you're  expressing, at worse 'hate' not to be accepting of pedophilia and child pornography  and at best  'intolerance'.

 

And the "culture of intolerance" you seek to impose  will not be tolerated by those who seek acceptance of  their amorality by the rest of society.  Only the amoral get to be intolerant of those who are morally righteous. Woe be to you has morals and expresses intolerance of the amoral....at worse, you shall be condemned as   a 'hater' or  homophobic or bigot.... and at best  you will be accused of lacking compassion and understanding.

 

Pedophilia are child porn are NOT a species of child abuse??!!?

I think these posts should be removed from the site. 

You guys are way off base here. Kids are too easily manipulated by adults to make these things legal.  Kids aren't prepared to make these kinds of decisions. I am stunned that any of you would post such outrageous statements.  Don't mess with kids.

 

In fact I wouldn't be surprised if these posts end up being quoted on some right wing website.  I wouldn't be surprised if some right winger posted these so that he could then make an issue of it somehwere else.

I think these posts should be removed from the site.

 

I think you should remove yourself along with  your  irrational feelings, thoughts, and opinions from this site. The post was exceptionally sarcastic, and obviously you lack the intelligence to understand that. Or you are unfamiliar with the most common 'progay rights and progay marriage" arguments

 

You guys are way off base here. Kids are too easily manipulated by adults to make these things legal

 

Maybe you are way off base. People use to have your same thinking about homosexuality and today it is legal.  Do you believe that kids are too easily manipulated into same gender sex nowadays or of viewing it as culturally acceptable? HUH?  Do you express this same concern for that sexually deviant behavior?

The point of the entire thread is that approval for of sexual deviant behavior is a slippery slope and once you start down that path, no telling what people will begin to claim is acceptable. Did you even read the blog issue?

Right now, homosexuals are telling the church that they do not have to abide by the religious doctrine and that they should be accepted as they are.  Who would have ever thought that? The unthinkable has to be explored many times to show how absurd the premise being posed is as well.

 

Gays are also pushing for same sex marriages and asserting that marriage should be redefined to include same gender partners.  So if marriage can be redefined and changed from the societal norm we know today, then so can pedophilia and child porn that is the point. Or are you so intolerant to ideas that you cannot grasp that thought 

 

Kids aren't prepared to make these kinds of decisions. I am stunned that any of you would post such outrageous statements.  Don't mess with kids.

 

Are you a kid? Most people are adolescents when they explore sex and unprepared for many many decisions, so?  You  sound just like one. No one is messing with kids.  If you lack the ability to discuss all sides of a issue leave the thread. You do not get to impose your arbitrary censorship under the auspices of youths lacking understanding.  In order to understand the issue it has to be discussed from all sides.

So climb out of your isolationist protectionist box and learn to think about the issues, not just have some knee jerk reaction.

Because it's not approving of interracial marriage at issue, it's approving of the legality of interracial marriage. I may not want my children to marry non-Jews, for instance. But I don't think it should be illegal for them to do so.

And yet it's illegal in Israel for Jews to marry non-Jews. Would you say all those Israelis (including Israeli Jews) who agree with this to be discriminating against Jews? And if they are, how are people who support the laws against interracial marriage in the US worse than they are?

And yet it's illegal in Israel for Jews to marry non-Jews. Would you say all those Israelis (including Israeli Jews) who agree with this to be discriminating against Jews?

 

No, I'd say they're discriminating against gentiles. 

Ah, but human nature includes...wait for it...original sin!

I'd say they're discriminating against gentiles.

So for you, in Israel, Jews who support making it illegal for gentiles to marry non-gentiles are discriminating against gentiles, but Jews who support making it illegal for Jews to marry non-Jews are not discriminating against Jews. You're pretty silly.

The point, clearly stated, is that there is a different between homosexuality and pedophelia in that the former case is a relationship between two adults and the later case between an adult and a minor, who society has already recognized as not able to effectively make decisions about ALOT of things, including sex. There isn't any room for debate on this point.

If you believe that homosexuality is just as much deviant as pedophelia, then you certainly have the right to do so. I would argue the answer is that it isn't for reasons that I don't think need stating.

All of that is beside the point, deviancy is irrelevant in the eyes of the law. Protecting individuals is the difference between the two concepts and there is no slippery slope that connects them in that manner.

The point, clearly stated, is that there is a different between homosexuality and pedophelia in that the former case is a relationship between two adults and the later case between an adult and a minor

 

That point is not clearly stated nor is it true. The facts are that homosexual acts occur between adults and minors as well. Point of fact, up to 40% of child molestation cases involve homosexual acts. While there may be homosexual relationshjps between adults that does not preclude them being between an adult and minor.

 

who society has already recognized as not able to effectively make decisions about ALOT of things, including sex. There isn't any room for debate on this point

 

There is indeed room for debate on that  point , when this society sentences minors to life sentences if they are  convicted of murder. This presumed idea that minors cannot effectively make decisions is not a universal view under the law. The law is conflicting on that point, when it comes to smoking, voting, sex, andor 'statutory rape...not to mention the fact that minors reproduce and are deemed to be capable enough to raise their offspring.

 

If you believe that homosexuality is just as much deviant as pedophelia, then you certainly have the right to do so. I would argue the answer is that it isn't for reasons that I don't think need stating.

 

Well not stating your reasoning is certainly your choice. However, unless you have some reasonable argument that refutes that both pedophilia and homosexuality are deviant sexual behaviors whatever your unstated reason may be it is illogical and simply your belief as opposed to the  factual statement I made.

 

All of that is beside the point, deviancy is irrelevant in the eyes of the law.

 

No it is not. You must not understand the law...deviancy is the very underpinning of most laws based on equality.  Stats are used to demonstrate how actions deviate from the norm. The deviancy is in fact highlighted to assert inequality from the norm.. It seems that, rather,  it is your thinking and non-factual/uninformed assertions which are beside the point here.

 

Protecting individuals is the difference between the two concepts and there is no slippery slope that connects them in that manner.

 The slippery slope is not about protection. The slippery slope is about what is acceptable.  There are situations where incest occurs between adults...so how would that be about protecting anyone, and how is it protecting anyone when the 16 year old 'rapes' a 14 year old. Who is protected in cases of polygamy?  It is a very slippery slope indeed that has to do with morality and normalcy and not  solely your idea of  'consent'  being about protected people. Consent may be the  legal basis for tolearance  but it certainly does not make the behavior acceptable.

The law of which you speak--I have no knowledge of the actual existence of such a law--seems intended to prevent Israel's Jewish population from becoming diluted.  As such, it discriminates against Gentiles.  Just like the law in Loving discriminated against blacks, even though it also told whites they couldn't marry who they wanted.

The law of which you speak--I have no knowledge of the actual existence of such a law--seems intended to prevent Israel's Jewish population from becoming diluted.  As such, it discriminates against Gentiles.  Just like the law in Loving discriminated against blacks, even though it also told whites they couldn't marry who they wanted

Moonbat, I have been following your position, and it seems to me that the law did not discriminate against either race. Rather, it discriminated against those individuals who wanted to have an interracial marriage.  The same would be true for the Jews and Gentiles, it does not disriminate against either Jew or Gentile, but rather those individuals who choose to marry and are of mixed faith.

Well, your position is at odds with established Equal Protection jurisprudence.  Bummer.

How so?

 

Are you saying that the Loving  law established that it was discriminatory against blacks and not whites?  That just seems to be illogical, given that whites could no more marry blacks than whites could.  The same goes for the Jews/Gentiles scenario you pose.

 

How can the law establish that one race or religion was discriminated against when neither  race or religion could marry the other?

 

How was one race discriminated against moreso than another, and how would one religion be being discriminated against moreso than another?

Are you saying that the Loving  law established that it was discriminatory against blacks and not whites?

 

It's not just me; the SUPREME COURT says it.  Yes, a facially neutral law--a law that burdens individuals without regard to their race--can be discriminatory if it serves a purpose to elevate one race over another.  Read the case if you don't believe me. 

It's not just me; the SUPREME COURT says it. ....  Read the case if you don't believe me. 

 

I did not say I did not believe you. I said it was illogical. Whether the Supreme Court says so or not is also not relevant

a law that burdens individuals without regard to their race--can be discriminatory if it serves a purpose to elevate one race over another.

 It seems to me that your above statement addresses individuals just as I said, and it is without regard to race, as I said also. Does the case say how one race is elevated over another? If not, then the reasoning is flawed is my point.

As logically,  if neither race can marry the other it is not discriminatory on the basis of one race vs. another, but rather on  the basis of all individuals who would chose to marry of different races. There is nothing elevating one race over another when neither race can marry the other.  It simply is illogical to even say such, on the basis of the information provided.

 

Unless whites could marry blacks it is equally discriminatory against whites as it blacks. And the very fact that whites could do so would mean that neither race would be discriminated against as the marriage would be interracial.

Look:  The whole thing that started this was the question of whether one could object to intragender marriage bans as gender discrimination using Loving and its take on race discrimination as precedent.  If you refuse to accept Loving that's your business.

  If you refuse to accept Loving that's your business.

I did not refuse to accept Loving. I  merely challenged your premise that one race was discriminated vs. another on the basis of the law in Loving. It seems that law says what I asserted, which is that all individuals were discriminated against without regard to race and not  one race vs. another.

 

The whole thing that started this was the question of whether one could object to intragender marriage bans as gender discrimination using Loving and its take on race discrimination as precedent

 

Yes, that is how I understood the argument as well. It seems that Loving would not be the basis for any such argument based on what the actual law decided in that case. i.e. when it comes to gender Loving does not provide precedent for intragender marriage bans. 

 

 No such inequality , on the basis of race, was demonstrated in Loving and no such inequality has been shown for same gender partners either. i.e. you cannot show that all females or males would be discriminated against on the basis of gender to oppose DOMA's.

As a conservative, these posts have been VERY illuminating.  I'll read Maggie Gallagher and Stanley Kurtz with a newfound respect. 

 For the record:  If being against pedophilia makes me a hateful bigot, then call me a hatefull bigot!

You misunderstand Loving.  I'm pretty sure you're doing it on purpose.  Bye.

The law of which you speak--I have no knowledge of the actual existence of such a law--seems intended to prevent Israel's Jewish population from becoming diluted.

Your "seems" is also pretty silly. The law is merely the traditional rabbinical law. And if you were ask a rabbi why there is such a rabbinical law, "prevent[ing] Israel's Jewish population from becoming diluted" is probably not something they would even mention.

You misunderstand Loving.  I'm pretty sure you're doing it on purpose.  Bye.

 

Geez, such wild accusation. As if you have some magic ball that enables you to determine my or anyone elses intent.  If I misunderstood Loving it was due to the interpretation you. (purposely?) provided.  And if you noted, I agreed with the majority of your reasoning on Loving on several posts....toodles

Your logic makes sense, and I am no lawyer, but reading the unanimous Loving v. Virginia opinion puts me under the opposite impression.  The only mention that the laws discriiminates more against black people because it only banned white people from intermarrying was in a footnote that explained that this was irrelevant.  (emphasis added)

 Appellants point out that the State's concern in these statutes, as expressed in the words of the 1924 Act's title, "An Act to Preserve Racial Integrity," extends only to the integrity of the white race. While Virginia prohibits whites from marrying any nonwhite (subject to the exception for the descendants of Pocahontas), Negroes, Orientals, and any other racial class may intermarry without statutory interference. Appellants contend that this distinction renders Virginia's miscegenation statutes arbitrary and unreasonable even assuming the constitutional validity of an official purpose to preserve "racial integrity." We need not reach this contention because we find the racial classifications in these statutes repugnant to the Fourteenth Amendment, even assuming an even-handed state purpose to protect the "integrity" of all races. [388 U.S. 1, 13] 

The wronged party was the Loving couple:  both white Richard and black Mildred Loving.

 

These statutes also deprive the Lovings of liberty without due process of law in violation of the Due Process Clause of the Fourteenth Amendment. The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.

Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. Skinner v. Oklahoma, 316 U.S. 535, 541 (1942). See also Maynard v. Hill, 125 U.S. 190 (1888). To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.

 

 

Replying to myself even though no one will read this...but if you really want to argue that Loving doesn't apply to gay marriage, the way to do that is to claim the Fourteenth Amendment doesn't guard against gender discrimination as much as racial discrimination.  Gendered bathrooms are okay, racially segregated ones are forbidden.

 

But, by the logic of Loving, it is gender discrimination. If the Equal Rights Amendment had passed, either gay marriage would be legal or Loving v. Virginia would be abandoned.  Without an ERA, it's ambiguous, though the very strong language in Loving certainly leaves a liberally inclined court plenty of room to work its mojo, decades from now at least. 

 

Taking it far enough to legalize polygamy would be a huge stretch of logic, though.  Arithmetic discrimination?  Religious discrimination? 

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