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California Prop. 8 Ruled Unconstitutional


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2010 Aug 4, 7:22am   28,257 views  197 comments

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By Jim Christie

SAN FRANCISCO | Wed Aug 4, 2010 5:14pm EDT

SAN FRANCISCO (Reuters) - A federal judge on Wednesday struck down a California ban on same-sex marriages as unconstitutional, handing a key victory to gay rights advocates in a politically charged decision almost certain to reach the U.S. Supreme Court.

U.S. District Court Chief Judge Vaughn Walker also ordered the voter-approved ban, known as Proposition 8, immediately lifted to allow gay and lesbian couples to marry while the case moves to a higher court.

Finally, some good news for Human Rights. It's about time!

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57   Bap33   2010 Aug 7, 8:15am  

@dean,
I asked already, and you must have missed it, but what will be the "facts and evidence" system used to figure if a person qualifies as a sexual deviant, so much so as to gain the protected classification and the special protection under the law? Thanks.

58   Bap33   2010 Aug 7, 8:19am  

@marcus,
my problem is with my vote being tossed away by an activist judge. Same thing they did with my vote on Prop 187. And since folks mentioned rights, I'd love to have my 2nd amendment rights put back into effect. Or, maybe we can get a vote on that too, and just have an activist judge toss out the results?

59   marcus   2010 Aug 7, 9:33am  

Bap33:
Forgetting any possible disagreement as to what the 2nd amendment guarantees you, could you please explain exactly what rights have been taken away.

That is, what is it exactly that you want to do and can not do now, that you would be able to do if your "2nd amendment rights put back into effect?" Please be specific.

60   elliemae   2010 Aug 7, 9:47am  

marcus says

Besides. Given the 7 billion people in the world, maybe this, the lifestyle choice, is somehow a natural development (not that homosexuality hasn’t always existed).

Being gay or lesbian isn't a choice. It's a sexual orientation. No one would choose to be different, to do something that sets them apart from everyone else and freaks some people out, unless it was essential to their being. Perhaps the flamboyant lifestyle is a choice, but being gay is part of one's sexual identity. People aren't gay because they choose to be, they just are.

Some people are bisexual and are attracted to a specific person, not necessarily caring what sex that person is. Anne Heche was married to a man, then a woman, then a man. Good example.

Bap, I see your point. I just don't agree that we should legislate behaviors so much.

61   deanrite   2010 Aug 7, 10:01am  

@bap33
I thought I made that pretty clear- what adults agree to do in private in none of my or your business. If someone sexually victimizes another by force, threat etcera that is deviance. Why should you care what two people do with their bodies. What do you say to people who tell you what to do. In general if I'm not breaking the law or hurting anybody I just tell 'em to go f**k themselves.

62   Bap33   2010 Aug 7, 10:14am  

no dean, what I want to know is how you use the same qualifing system you put forth .. "facts and evidence" .. to figue who is a sexual deviant that should be protected by this special law. What is the system and to what extent must a person be a sexual deviant to fall under this special law?

marcus,
I can not carry a loaded weapon on my person or in my truck. I can not have a loaded weapon in my front yard. I should be able to have on my person, or in my truck, a loaded weapon at all times if I choose. It is a right. Do you agree?

63   tatupu70   2010 Aug 7, 11:46pm  

Bap33 says

I can not carry a loaded weapon on my person or in my truck. I can not have a loaded weapon in my front yard. I should be able to have on my person, or in my truck, a loaded weapon at all times if I choose. It is a right. Do you agree?

BAP--just out of curiosity, where do you draw the line then. Is it my right to carry an AK-47 in my car? How about a bazooka? Or a thermonuclear missile? Are those my rights?

64   elliemae   2010 Aug 8, 12:03am  

tatupu70 says

BAP–just out of curiousity, where do you draw the line then. Is it my right to carry an AK-47 in my car? How about a bazooka? Or a thermonuclear missile? Are those my rights?

ak's are fully automatic weapons, which are illegal. They're mean to kill many people and have no other pupose. I think that guns are good, that a responsible gun owner is one who has the weapons and knows how to use, store & clean them. The right to keep & bear arms is meant to be able to protect us, not to go up on a roof and kill many people because we can.

there will always be people who use guns in a way that's detrimental to society. That sucks. But a law won't change things. An example (and a pretty poor one, I'd say) is seniors & driving. When a senior can't drive safely any longer, the physician can complete a form that effectively removes their license and permisson to drive.

All that does is to take away their permission. I've seen 'em drive anyway, ignoring the rules. If the family disables the car, the senior calls a garage and has it towed & repaired. If the family hides the car, the senior reports it stolen.

Gun control isn't that complicated. As long as it's not a military grade weapon that kills masses of people, it's legal. right?

65   marcus   2010 Aug 8, 1:44am  

Bap33 says

marcus,
I can not carry a loaded weapon on my person or in my truck. I can not have a loaded weapon in my front yard. I should be able to have on my person, or in my truck, a loaded weapon at all times if I choose. It is a right. Do you agree?

I don't have a problem with the restrictions. Maybe you can handle having a loaded weapon on you, but what about those who can't ? There are many with drug problems, psychological problems, immaturity, or just plain old fashioned stupidity that are going to get themselves in trouble and hurt or kill others if everyone is allowed to carry a loaded gun.

But I live in an urban area. Law enforcement is tough enough without everyone being allowed to carry loaded weapons. I think others such as Troy (several responses above) addressed this well already - getting to the intent of the second amendment. Guns are different now as is society from when that was written.

Isn't it human nature to always want MORE than what we have ? I think that's what you are feeling about the gun restrictions. I think they have found a pretty good balance actually. But maybe Troy was right about granting more rights in rural areas. Probably in rural areas nobody will bother you if you do carry a loaded gun with you anyway.

66   Bap33   2010 Aug 8, 2:24am  

Where do I draw the line .... I like to keep it simple. If you can carry it down the street, and all it does is throw a chunk of solid material that does not explode on impact, you should be allowed to carry it down the street. If you fire it, you should be made to explain why (maybe some type of form letter, like a building permit, that allows you to share why you discharged the weapon). The local license granter could even charge a fee-per-use for having discharged a weapon, I guess.
Anyways, I do not care if it is fully auto, has a 50 round clip, or any other stuff like that. The laws against murder and brandishing takes care of misuse of a weapon. The only people that worry about an armed populous are those wanting to control that populous. I know an armed populous would work to lower crime and increase liberty, and so does the folks working so hard to control this nation by removing weapons from traditional minded Americans (for lack of a better term). Only the bad guys and cops are armed. Neither one of those has your personal liberty in mind. One wants to rape and pillage, and one is only allowed to exact the twisted laws, not justice. An armed populous is much more likely to keep justice in mind.

Here's the thing ... if everyone on this planet were like me, then there would be no need for personal protection from other humans, only wild beasts. And there would be no such thing as door locks or keys for cars .... no body would take something that was not theirs. And drugs would only be medical use ..... and bars would not exist ... and no drunk drivers .... and no child abuse ..... and no kiddie porn .... and no rape .... and no murder .... and no gangs ....... no welfare abuse ..... no homeless ...... no orphanages ....... no abortatoriums ..... no nukes (except lots of power plants) .... no rap music .... no police stations ..... no lawyers see how that works? I'm sure it is the same for most every poster on here .. lefty or righty or middley. If the entire planet lived their live EXATLY as we do, then none of this crap would be a problem. But, if you smoke dope, get drunk, take stuff that is not yours (including grapes at the supermarket), are lazy about working, have no personal responsibility, then you are part of what brings a world/nation/state/town/block/house to a point of having to arm itself against a tyrant.

Anyways (I've used "anyways" alot lately huh), proper weapon handing should be an elective in HS, just like shop and driving. Remove the boogie man, and instill personal accoutablity. Murder is already against the law. Victimhood should be outlawed too.

67   Bap33   2010 Aug 8, 2:30am  

marcus,
people not having a problem with the removal of the Bill of Rights - espicially without there being a vote by the governed people - is disturbing.
and people not having a problem with a lone judge tossing out 7 million votes of the people that want to shape the law of the land is disturbing too.

disturbing

68   deanrite   2010 Aug 8, 2:54am  

Well bap33, equal protection and equal rights under the law are different than what a majority may decide they want. That is why we have amendments to the constitution and the bill of rights. Example, slavery was deemed ok with the argument that blacks were sub-human. It took a civil war and an amendment to the constitution to make sure everyone understand that they were indeed equal humans. I believe the burden of proof lies with wanting to deny a group freedoms other people or groups enjoy. So you must present a compelling and factual argument that some behavior is damaging or victimizes another. Otherwise we have the right to live our lives and do with our bodies as we see fit. The mere argument it is wrong, or the bible says so, or that's what all your friends at the office said is just opinion. Now you can say gay marriage is wrong, but what factual evidence can you bring to table showing that it would victimize someone? You use the term deviant. Exactly what is that, and who determines what activites and why they are so objectionable?

Bap33, it be helpful if you were more specific about what behaviors are so deviant. It would also be helpful if you could explain why these activities are harmful to others.

69   marcus   2010 Aug 8, 3:08am  

Actually I am fed up with how dysfunctional the senate is, but what this judge did is an example of our system working. It's not over yet. It will go to the supreme court. It's already been said before in this thread. If 51% of the people voted to take away your gun rights (completely) you would be very happy that a judge stepped in.

I don't know whether he's right or not, but what the judge is saying in his prop 8 ruling is that the people didn't have the right to take that right away from gays (with the prop 8 vote). Again, I don't know. It's complicated because:

On the one hand, it get's to the definition of the word marriage (for which I think there is a legitimate hetero argument). On the other hand, if we don't have a civil union option that grants all the same rights, and if we are not going to create that, then "marriage" should be permitted.

It's mostly all been said in this thread Bap. DO you give other peoples opinion consideration ? IF you disagree about gay MArriage not effecting hetro couples, then explain why. OR if you just have your opinion "because" or for religious reasons (a cop out - relative to logic), that's fine too.

Bap33 says

But, if you smoke dope, get drunk, take stuff that is not yours (including grapes at the supermarket), are lazy about working, have no personal responsibility, then you are part of what brings a world/nation/state/town/block/house to a point of having to arm itself against a tyrant.

I don't steal, and I'm honest to a flaw, but as for drinking, and other "sins," I hold my own in that area. But not in ways that will hurt you, or that you will need a gun for. But that whole statement was pretty illogical, because your thinking gives most of them loaded weapons too. I understand the argument. But for an urban area, with gangs etc, I just don't buy it. Every time some gang-banger is found to have a gun, I want him busted. I know, I know, this means only the bad guys are walking around with loaded guns. Yes, and the law is on them, and many end up in prison.

IT's logic. Conservatives claim to be so big on the cold reality. I'm a conservative on the gun issue.

70   Bap33   2010 Aug 8, 3:32am  

Nomo,
this time, on this issue, you are probablay correct ... and it does not effect you either .. but next time .....

dean,
I asked that same question about who/how to decide about sexual deviant qualifications. Did you read my post?
The issue of slavery has two points I'd like to make. A slave was the personal property of someone. But, as I'm sure you know, many people from Europe came here with the agreement to be a slave until they pay off the debt of coming to America and the room and board given during that time - indentured slaves I think is the term. They were able to exersize free will. The slaves that were harvested from Africa by the dominant tribes of the area fall into another catagory. They did not get to have any free will in the matter. Removing a persons free will, that is unAmerican, and immoral. But, taking someones personal property is unAmerican and immoral too. The war was because the industrialized states knew they could get along just fine without any cheap slave labor, where as the agri-based south knew they had to have tons of cheap slave labor. Those burning crops would have resulted in just as many dead people as the shot balls did. Without the slave labor the crops would have went away, the wealth goes away, and the population dies back. The war just did the same thing faster. Our next one will do the same thing.
To equate the (still going on) slave industry to sexual deviants wanting to force others to accept their behavior is wrong. Afro-slaves were harvested by dominate afro-tribes and forced into animal stock lives. Sexual deviants should have no complaints about life in America, when the two are compaired.
Point #1: Reduction of humans to stock animals, unless it is their choice as part of a legal agreement, is wrong.
Point #2: compairing the desires of sexual deviants - to the harvesting of arfo-based people by the dominant afro-based tribes - is wrong.
What makes a person a slave? Complete lack of personal choices.
What makes a person a sexual deviant? One may say the exact oposite of the slave answer, I.E. complete personal choice.
A compairison of the two is kinda shamefull - really.

Anyways, I would have voted for outlawing slavery - just like I vote to keep dope illegal - and I vote for no illegal aliens on welfare - stuff like that. And my problem with this isue is the voters voice being crushed by an activist individual .... nothing more.

71   marcus   2010 Aug 8, 3:49am  

Bap33 says

The war just did the same thing faster. Our next one will do the same thing.

Bap33 says

What makes a person a sexual deviant? One may say the exact oposite of the slave answer, I.E. complete personal choice.

Please don't take this the wrong way, but both of these sentences make you something of a political/philosophical deviant, here in 2010.

72   Bap33   2010 Aug 8, 3:51am  

marcus,
I am for this: One tax payer = one vote = the law of the land under the Constitution. If a person pays no taxes, they should have no vote. There should be no electorial college or distirct lines. Instead of term limits there should be lifetime income limits. After two terms they do the job for minimum wage. If a person is spending 9 Mil to do a job that pays $350K, that indicates a problem. Votes by city should trump votes by county should trump votes by state should trump votes by nation. Meaning, if a city puts up a ballot measure and the population of that city passes a law that says "no pit bulls allowed in city limits", that should be the law in that city. If you do not like how that effects you, leave the city. Owning a particular breed of animal inside the limits of a particualr city is NOT a right. You DO have the RIGHT to move about this land as you see fit, and find a place that fits your view. THAT is how things should be. IF the voters in California, or just Frisco, were to pass a law that I did not agree with, the ONLY right I have is to appeal and try to out-vote the law next round (like the sexual deviants have tried twice), or I can go where my lifestyle is accepted. I have the RIGHT to move where I am comfortable. It may be that this issue is about a destructive force attacking America, or just a big bunch of nuthing. I dont know. If you ask The Boy Scouts you may find that self-proclaimed sodomites are pretty agressive about forcing their views on others -- but that's just what I read. I can't find where any pro-sodomite group has been attacked by The Boy Scouts, if that matters. Of the two groups - Boy Scouts of America - and - Self-proclaimed Sodomites - is there one of these groups that puts forth a vision and atitude of a healthy society, and maybe even a better America?

73   Bap33   2010 Aug 8, 3:53am  

marcus,
I mentioned actions and choices, not sins or religion. Just to be clear.

74   deanrite   2010 Aug 8, 4:02am  

Marcus I pretty much agree. I would only say we all have the right to do as we please unless there is a compelling factual reason we we shouldn't. An extreme example is the right to kill. We do have the right to kill but only in narrowly defined situations. If I'm in circumstances where I have to defend myself or others against an immediate and perceived deadly threat it is my right to use deadly force. However if the attacker turns and runs I cannot chase them down and shoot them. So in my view we already have every right unless restricted by law. It is also my right to challenge laws passed restricting my right if compelling arguments are not adaquate restricting those right. In other words, in these rights cases we are not asking for additional rights, we are merely fighting restrictions on rights we already have. In some instances rights have have become less restricted like sexuality and civil rights, and some more restricted like guns and descrimination. I believe there must be factual and compelling evidence of damaging or victimizing effect on others when considering restricting personal rights.

75   marcus   2010 Aug 8, 4:09am  

Bap33 says

If you ask The Boy Scouts you may find that self-proclaimed sodomites are pretty agressive about forcing their views on others — but that’s just what I read.

You may be confusing child molesters with homosexuals. Not really related. Take priest who have molested kids. The fact that the victims are male, is quite incidental to them being children.

I used to live near "boy's town" (neighborhood with a high gay population and gay bars etc) in Chicago. I was in the neighborhood frequently, and I was fairly good looking 30ish. I was never even hit on, let alone experiencing anyone forcing anything on me (maybe my feelings should be hurt ?). I guess with gay associates I have experienced something that might in a very subtle way have been taken as "flirting," but not in a way that made me uncomfortable. They knew I was straight.

Bap33 says

is there one of these groups that puts forth a vision and atitude of a healthy society

With freedom comes people doing things that you wouldn't do. Would we be better off somehow if homosexuality didn't exist ? Stupid question, because it does, and as to whether it's a choice, let's please leave that for another discussion, maybe 10 or 20 years ago. Logic: The fact that hetero men, such as in prison, can choose what you call deviant sex, does not begin to imply that all homosexuals simply choose it as an option to hetero sex. Please look this up. It's a topic that has been dealt with exhaustively.

76   simchaland   2010 Aug 8, 4:45am  

Wow, I'm glad to see an actual discussion of the topic, with guns thrown in. It really does come down to: What is a right? How do people get rights? Does a majority has the right to limit a minority's rights?

It's about equality under the law and the Constitution of the United States and the Constitution of California. Every time we have added a limitation to people's rights into any constitution, eventually that limitation gets lifted by judges, legislators, or even by vote sometimes. The US Constitution stands as a document that is beyond easy manipulation by popular vote for a reason. The framers of the US Constitution set up our government as a republic, not as a democracy to be ruled by mob rule for a reason.

A republic working under a constitution that is difficult to change creates stability in government for our country. Enshrining rights as inalienable and inborn in our constitution was done on purpose. It was a document that was to stand the test of time. It has. The framers realized that different generations of Americans may develop groups of people who would work to limit rights. They knew this because they set up a document about rights that allow us to hold whatever belief we would like and express those beliefs to others. Also the document allows for freedom of assembly. Therefore, they knew that groups of people would eventually form who would have beliefs about certain aspects of human life and who would work together to limit the rights of others. They made checks and balances for this reason too. They didn't trust simple majority rule in almost any situation. We Americans don't even directly elect our President for this reason. That's why we have the Electoral College, just in case the people make a mistake or the candidate turns out to be someone who doesn't stand up to constitutional scrutiny etc. The Electoral College has the freedom to elect a President that wasn't popularly elected. And that's happened in our history. The Electoral College is the ultimate vote that matters in deciding Presidential Elections, not the popular vote, for a reason. The framers of the constitution didn't want any one part of government to have too much power over the other parts of government, so that we'd have stability and rationality and common sense would eventually win out over radicalism.

Therefore they gave the Judicial Branch powers to check the Legislative Branch and the Executive Branch (like these two Branches have checks on the Judicial Branches through appointing judges, etc.). Also they gave the Judicial Branch the power to check the people, if need be, by being able to judge the constitutionality of any law that gets popularly voted into our body of law.

We have a long tradition of people, Legislators, and Executors trying to limit other people's freedoms. And we have a long tradition of the Judicial Branch stepping in to limit the limitations of other people's freedoms according to a judgment over whether or not the limitation is constitutional.

Chicago just got a slap on the wrist from the Supreme Court over their hand gun ban. They are no longer allowed to ban hand gun ownership in the City of Chicago. The Supreme Court followed its own precedent of siding with a wider definition of the right to bear arms than the people, legislators, and executors of Chicago would allow.

In civil rights cases the Supreme Court has a long tradition of siding with removing limitations of Constitutional Rights for minority groups. This is an important feature of our government and way of life as Americans. The reason why we remain a free country (even with the latest draconian measures of the Patriot Acts (which will eventually fail constitutionality tests)) is because of the ability of the Courts to overturn the propensity of the legislators, executors, and even the people to limit the rights of minority groups.

This decision was based on a rational judgment on the constitutionality of the limitation placed on same sex couples where opposite sex couples had no such limitation. It's as simple as that. The 14th Amendment was upheld. That was the rationality behind the decision. I believe it's a powerful argument that will be hard for Prop. 8 supporters to argue against. They have yet to provide rational arguments as to how Prop. 8 doesn't violate the 14th Amendment. They have yet to prove how allowing same sex couples to marry affects society in a negative way in a rational argument. They have only argued from religious beliefs and moral codes and haven't provided rational or legal arguments. Why is this? Because there aren't any rational or legal arguments that would withstand the test of constitutionality for allowing the ban on same sex marriage. They know that. We know that.

They know that within this next generation gay marriage won't be an issue at all. They are trying to create a legacy to enshrine and legitimize their religious/moral beliefs into State Constitutions and eventually the Federal Constitution. History isn't on their side. Time isn't on their side. They are quickly losing the control they had over this issue and many others. This is one last gasp to keep their perceived power to force their religious/moral beliefs on the entire country.

As this gets appealed it will be interesting to see how the arguments develop or don't develop. It will be interesting to see if we are going to be a people who stands by our Constitution or a people that allows the mob to take over and restrict freedoms for minority groups they deem "dangerous."

77   deanrite   2010 Aug 8, 5:00am  

Again bap33, you have failed provide compelling evidence of how this "deviant" behavior damages society or victimizes another. I have been married and currently live in "sin" with my woman. What difference does this make to anyone else? The answer is none. You have said gays choose a deviant lifestyle. What valid evidence can you provide that being gay is a chosen "lifestyle?". I am not gay but it might be safe to say that if you were sexually aroused by members of the same sex that is not a choice but a reality. And who would choose to be gay knowing the hatred and discrimination you would be subjected to. The real problem with this issue are peoples unwillingness to accept that some people just don't fit into the neat little cookie cutter view of what they view as "normal".

I am sure that you approve that I more or less agree with you that gun laws are way too restrictive. If you feel safer carrying a piece around with you that's fine by me. I would just say that anyone who owns a gun should be required to take a comprehensive gun safety course.

You see bap33, I'm pretty consistant when it comes to personal rights. That also includes drugs, gambling, prostitution or anything else that might be considered a victimless crime.

78   Bap33   2010 Aug 8, 6:32am  

dean,
again, you failed to read above where I asked about 5 or 6 times for the system to be explained to me. The system for being able to know/tell if a person is a sexual deviant, and if so, to a degree great enough to fall under this new law. That is a very good question, and you keep asking me the same question that I want to know! lol. How does inclusion of someone into this protected class take place? By what system/test/legally valid process? You know, like they say for Christians, "would you be convicted in court for being a Christian based on the proof provided in your life?" .. and there is this big long list of actions and atitudes that qualify as "Christian" that would be checked off by a jury .. just for example. Is there a system in place for self-proclaimed sexual deviants to prove their status to a jury and fall under the protected class set aside by this law? Same question I've been asking ... do you have any idea?

As for whatever you are talking about, "deviant behavior damaging society" ?? I don't know where I said that, so maybe you mixed up something else? Damaging behavior damages society, countries, states, towns, and families. Many privatly performed acts also have an effect. The results of an act are what make it damaging or not, in my opinion. Teaching abnormal as if it were normal in a classroom setting has an effect on society that is damaging, in my opinon. Not realizing and teaching the difference between normal and abnormal is confusing for kids, and that might be damaging too. So, maybe the results of particular private actions should be measured? For example, prayer might be deemed non-damaging, until the person doing the praying blows up a school bus for their god. Private deviant sexual stuff may be felt not damaging, until some heath concerns to the general public are realized to be rooted in private deviant sexual activity. Not sure myself.

Some how, gambling is not legal in most places, AND, just like deviant sex, only those who want to do it, do it. Who is harmed by gambling? It is odd, these moralistic issues.

79   marcus   2010 Aug 8, 6:56am  

Bap33 says

Teaching abnormal as if it were normal in a classroom setting has an effect on society that is damaging, in my opinon.

What is it now ? Something like 10% of men are gay ? IF you can accept that truly being more attracted to the same sex is something that biologically happens, and you make gay marriage a truly acceptable lifestyle choice, then gay men and women are less likely to procreate (they might adopt), and therefore those tendencies would actually decrease in the gene pool.

I guess it comes down to whether it is something that is genetic. That would seem very likely.

No matter what they teach in terms of "tolerance," or acceptance, kids are very aware of peer pressure. And it will always be at least 80% of kids are straight. I just don't see the risk of boys no longer liking girls, just because society gives them permission.

What I don't prefer to have in society, is what I call "perverts" you call "sexual deviants," who marry and have kids, to be "normal," and then go to some airport washrooms and tap their feet to find willing "partners."

80   Bap33   2010 Aug 8, 8:59am  

marcus says

What is it now ? Something like 10% of men are gay ?

Is that a fact or opinion? How is the proof gathered? If that info is known, then we are getting somewhere.

On this issue I have a comment to add to your post. Where you are in the nation, state, county, town will make a HUGE difference in the concentration of self-proclaimed sexual deviants vs normal people. So, that "10%" needs to be given some detail. Where they live, who they are in life, and how it is decided that someone falls in this "10%" catagory is very important for the judges of such things to know.
Do you have any details or background that may show how the 10% number was picked?

81   marcus   2010 Aug 8, 9:46am  

Bap33 says

Do you have any details or background that may show how the 10% number was picked?

It's just what I heard a long time ago. My experience would go along with that pretty much. If you count all people who experimented once or more then the number would maybe be higher. That number might even go back to some Kinsey study.

Just a very quick look gets this:
http://www.gallup.com/poll/6961/what-percentage-population-gay.aspx

I find it surprising that the average estimate is so high.

82   Bap33   2010 Aug 8, 10:12am  

That link was to an opinion piece. No data supported anything except the "less than 1% of households are gay" part that came from census. Everything else was about "perception". So, all we know now is that the 2000 census found less than 1% of American households called themselves gay. Okie dokie.

Your agreeing with the 10% figure could be due to life experience and location. In my world male sexual deviants are not 10%. Not even 1%. I personally am aware of 3 males that express themselves to be sexual deviants. I have no proof, only their expressions. I only know of 2 women. Again, no proof, just hear-say. So, expressed as a percentage I would be well below 1% at 5 total. It has alot to do with location and lifestyle, I'm sure.

I would imagine the judges that plan on ruling on this stuff are coming up with criteria. And what you said about number of times doing some type of particular act .. that too is part of what must be decided on by the judges who want to grant protected status to the self-proclaimed sexual deviants.

83   Bap33   2010 Aug 8, 10:27am  

lol .... dude, that's funny.

"antiquing"...."not that there's anything wrong with that.."

84   deanrite   2010 Aug 8, 10:32am  

Hmmm. Bap it seems we have some difficulty interpreting our terms. You suggest the gay people want a special protected class and special rights the rest of us do not have. In terms of rights, the constitution states: people are entitled to life, liberty, and the persuit of happiness. If you'll notice these are exceptionally broad terms. It does place restrictions on what this means. So in essence we start out having all rights and every right that can possibly exist. The only restrictions on those rights are those specifically enacted by our elected officials. In addition, what is considered normal has and does changed over time. Dress norms and laws governing public decency have changed a great deal over time. In the victorian era women showing more than their face and hands were considered indecent. Yet a few years ago sports illustrated had a model on the cover with a bathing suit literally painted on. It barely raised an eyebrow.

Giving gays the right to marry is no different than giving women the right to vote. They have always had that right but it was restricted by elected representative who sought to deny then that right which others enjoyed. With womens sufferage, it was amazing the justifications legislators used to deny them the right to vote. It took intense pressure on every state in the union to finally get two thirds of state govs to force an amendment to the constitution. So is being gay normal? Is being gay a mental disorder requiring treatment and therapy to be cured? Can people be indoctrinated into the gay lifestyle as like a fashion fad? If you personally believe that great. You have the freedom to believe whatever you want. You also have the right to teach your children what you believe. But you can't force others to believe what you say or to say what they think even if they are discussing their point of view with your children. What are you going to do, beat them up, kill them if they do? People are going to continue to have these viewspoints and everybody makes up their own mind based what they believe to be the facts or just what the think. But to use that as a basis for making laws everyone else has to live wth is another thing altogether.

What else could you restrict? No racial mixing? Only sex in the missionary position? Required attendence at Sunday services? No interracial dating or marriage? Morning Christian prayers before public school day begins? Manditory youth patriot education? Gun turrets along the borders shooting illegal border crossers on sight?

That way we can protect America for those good, right thinking supremely moral Americans, right?

85   Â¥   2010 Aug 8, 10:55am  

deanrite says

he constitution states: people are entitled to life, liberty, and the persuit of happiness

not the Constitution, but the Declaration of Independence, the mission statement that resulted in the more formal Constitution.

Not making same-sex couples "married" in the eyes of the law does seem unsupportable if we go with the fact that homosexuality is not "wrong" or societally undesirable over the long run.

This was what the conservative minority in Lawrence vs Texas was afraid of. Decriminalizing homesexual acts, next step is upgrading their domestic partnerships to the same legal basis as traditional marriage.

bap's main problem is just thinking that "deviancy" is wrong. Deviant from the norm is just different, with a negative connotation of course but whether two lesbians get domestic partnership of marriage does not harm me or the state in the slightest.

Liberty is the freedom to be who your are, conscribed by the rights of others.

Gun control laws are an attempt to bring balance to gun ownership and use, since they generally add more violence without any offsetting societal gain.

86   Bap33   2010 Aug 8, 11:04am  

no idea what you are talking about ... I was hoping you would share how judges plan to prove somemone is one of these people you describe. Since the law does carry a particular lable, it would seem someone, somewhere has formed some type of go-no-go rules for this division of the population to be protected from bias. That's all I asked about, nothing more. Not sure where you got the sand to build your mountian, but it was not from my mole hill.

If you dont mind, I would like to use your statement of, "People are going to continue to have these viewspoints and everybody makes up their own mind based what they believe to be the facts or just what the think. But to use that as a basis for making laws everyone else has to live wth is another thing altogether. " and apply it to the removal of gun rights. The gun restrictions now in place were put into effect EXACTLY as you state here .. only not by popular vote, but mearly by persuasion from a particular group that had their own thoughts and ideas as to how my rights should be applied. They enjoy the use of an activist court. No vote of the people. No vote for me. No voice for my rights. Are you starting to see the issue I have yet? Why is one right protected more than the other? Who says when votes count and when they don't? And once again, who decides if a sexual deviant is one, is enough of one to be called one legally, and will remain one (some google time found some interesting stories from former deviants).

87   Bap33   2010 Aug 8, 11:10am  

Troy,
I did not judge deviant's as wrong .. I only wish to know what grade and quantity of deviant behavior qualifies someone under this law. That's been my question thus far.

The only right/wrong I've voices is removing my rights without a vote, and removing my vote at the personal will of a lone judge. That's been it (I think)

And your post was great except the last line, "" Gun control laws are an attempt to bring balance to gun ownership and use, since they generally add more violence without any offsetting societal gain."" that is just opinion, and not fact. And you are intitled to it, it is your right. lol. In my opinion gun control laws are just more crap.

88   marcus   2010 Aug 8, 11:36am  

Bap33 says

I only wish to know what grade and quantity of deviant behavior qualifies someone under this law. That’s been my question thus far.

You mean like you want a list of what married homosexuals can and can not do ? Maybe you're okay with various types of role playing, but if they do anything with gerbils then that's too far, and those types should not be allowed to marry? (just kidding)

You might be missing the point. The supreme court has already ruled sodomy okay. Prop 8 has nothing to do with condoning deviant sexual behavior. It's about marriage, and all the rights and contractual aspects that go with it for two people of the same gender. You know, divorce, inheritance, being able to visit in the hospital as family etc. Sexual practices are irrelevant, as they are for hetero marriage.

I think maybe I get it. You're trying to make an analogy to how the government judges various levels of gun use and has restrictions on some and less on others. Very weak. Its about two people of the same gender being married. That's all.

89   deanrite   2010 Aug 8, 12:37pm  

That's exactly my point Marcus. It's that the majority doesn't have right to restrict the rights of a minority that that majority itself enjoys. That in it's essence is discrimination. That really is the bottom line here, not the notion of deviance which is itself a subjective notion. After all, according to the bible anything other that penile\vaginal sex is sodomy. What percentage of the population has engaged in sodomy of the biblical definition? Pretty much everyone would be my guess. The real issue boils down to one groups distaste for homosexuality and the other group's desire to live their lives free from legalized discrimination.

As to the gun thing, I do agree gun rights have been unduly restricted. If I live in Redding, it's a fairly simple matter of taking a comprehensive gun safety course and you can get a permit to carry a concealed weapon. But even at that, it is still unlawful to carry one into a bar. That does seem resonable to me. Drunks don't tend to have the best judgment. But here in Santa Clara county you basically have to be regularly carrying around huge sacks of money or be polically well connected to get one. Anyone who's been to the instateller at night in a seedier part of town knows how vulnerable this can feel. In my mind it is not a crime to arm youself for protection versus being a law abiding dead victim. This notion seems to escape gun control advocates.

That said it does seem to me that carrying a gun on your hip may make those around you uneasy. In addition, it might be provacative in a lot of situations. I am pretty sure when they generally stopped letting people walk around with loaded weapons on their hips, I'm sure most people felt a little more secure. Plus America was becoming more tame and Less lawless. But that's just my viewpoint.

90   Â¥   2010 Aug 8, 12:49pm  

deanrite says

The real issue boils down to one groups distaste for homosexuality and the other group’s desire to live their lives free from legalized discrimination.

Not just that. The entire radical Christianist element in this country -- millions of people who vote-- have been bamboozled into believing that condoning and codifying homosexuality threatens the very ~spiritual~ fabric and Godly protection that this nation was founded for and has been "blessed" with.

How can we have 'In God We Trust' on our money when we go directly against one of God's main prohibitions? If homosexuality was allowed in the Bible these people would be tolerant of it, maybe, though of course slavery and other stupid stuff was touted in the Bible and we've managed to move these retards beyond that.

This is all bullshit, and never underestimate the power of bullshit.

91   deanrite   2010 Aug 8, 1:22pm  

Well Troy I think the term bamboozled may be the biggest clue as to why this entire issue has been so blown out of proportion by the religious right. What better way to rake in untold millions by whipping up the troops in the name of god against the heathen deviant sodomites which many despise. I wonder how much they raked in versus how much they spent on the pulpit, direct mail, and a few f-list actors. Guess we'll never know since most chuches finances aren't open to examination by anyone except for the chosen few. Hello, cha-ching!

92   Bap33   2010 Aug 8, 1:37pm  

marcus,
the law has to do with regonizing the coupling of two humans that claim to be different. They want that difference recognized legally. I would like to know how that is going to happen. How is their claim of being a sexual deviant going to be proven - legally? Will their own verbal or written assertion be enough?

93   marcus   2010 Aug 8, 2:46pm  

Bap33 says

the law has to do with regonizing the coupling of two humans that claim to be different. They want that difference recognized legally. I would like to know how that is going to happen. How is their claim of being a sexual deviant going to be proven - legally? Will their own verbal or written assertion be enough?

I have absolutely no clue what you are talking about, and you must not be understanding me either. Under the new law, even two straight men could be married. IT probably should be called same gender marriage. As with male/female marriage (the legal part of it), consummation or sex of any kind is not required. In fact, you can be sure nonsexual marriages would happen, as they do on occasion between man and woman, as strange as that may seem.

94   Bap33   2010 Aug 8, 2:54pm  

I agree

95   Â¥   2010 Aug 8, 3:05pm  

Bap33 says

How is their claim of being a sexual deviant going to be proven - legally? Will their own verbal or written assertion be enough?

Sex used to be a big deal WRT marriage, but not so much any more. The State's main concern with the sexual element of marriage these days is to prevent closely-related partners from becoming legally partnered, either for concerns of the genetic health of any offspring or the basic child-abuse nature these partnerships tend to exhibit.

The hate side likes to bring sex into it to score rhetorical points, but this is a childish thing as I am not aware of any requirement that marriages in California be sexually consummated.

Some states probably still require consummation for a marriage to be legally recognized. This is due to the religious people putting their morality into law, since it's only religious conservatives that feel compelled to stick their noses into other peoples' private business.

96   Bap33   2010 Aug 8, 3:07pm  

my right to be armed is my personal business too, aint it? Who stuck their nose there?

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