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mindseye
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A Yankee living in Shanghai
Apr 1999 time: 13:35
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quote: Originally posted by DanS
"Allocation"... Hmmm... Does your question have any real meaning? | Sorry if my choice of words was confusing. I was when I posted that. 
quote: It should be as it always has been. The final determination of rights is in the court's sphere, while the enumeration of those rights is in the legislators' sphere. The legislative is designed to be closest to the wishes of the people, it's where political debate takes place, and it's where a concensus and legitimacy is formed. | It seems to me that gays use of the courts is just exactly what they were intended for. The judicial branch of gov't was created, in part, to help thwart just such a "tyranny of the majority". If you are looking for a classic case of oppression by majority rule, you need not look farther than the issue we are discussing. Denying a minority of citizens the very right to marry seems like a pretty clear case of oppression to me. I think most would agree that the right to marry is more fundamental to our lives than even the right to vote.
In this light, taking the case to the courts (just as those who supported inter-racial marriage did) provides the minority with a way to get a fair hearing in a situation in which the majority is unreasonably oppressing a minority. This is not "short-circuiting" anything.
As Madison said (The Federalist, No. 51): quote: It is of great importance in a republic, not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Justice is the end of government." |
And justice is precisely what gay people are asking for.
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LDiCesare
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La Ferté sous Jouarre France
Jan 2001 time: 05:35
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Spiffor's right, PACS doesn't give the same rights as marriage. Since marriage is a civil union anyway, I miss the point of preventing homosexuals from enjoying it.
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LDiCesare
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La Ferté sous Jouarre France
Jan 2001 time: 05:35
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quote: You don't understand, the WORD marriage means a union between a man and a woman, and God forbid we change the definition of the word |
Yes, but a marriage is until death parts the spouses, so can they f*k whoever they like in heaven after death or not?
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