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View Diary: Let's Not Ban Gay Marriage... Let's DESTROY it (82 comments)

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  •  That's a very good point (5+ / 0-)

    Whether you call it marriage or civil union we've created this special type of contract/partnership.  Preventing certain people from entering into that contract based on their race, gender or sexual orientation would seem to be clearly unconstitutional and discriminatory.  For the record, I'm 100% in support of marriage equality.  I'm just trying to think through the legal implications.

    Another question: say we blow the doors off this thing and allow any two people to marry.  Could I marry my brother for the sake of the tax benefits or to get on his health insurance?  I don't see why not.  Is the government going to require some loving/sexual/procreative motivation as a condition for the marriage contract?  What reason would the government have to disallow such marriages?

    •  IMO... (3+ / 0-)

      the key to marriage is "consenting adults."

      I mean, marrying my brother is not my cup of tea, but hey... whatever floats your boat. As long as you and your brother are consenting adults.

      This also invalidates the idea that "gay marriage" is going to lead to bestiality and/or child abuse. When we speak of bestiality or child abuse, we are no longer discussing two consenting human adults. Animals can't legally consent, neither can children. Therefore, the argument that gay is equal to bestiality and child abuse is invalid.

      Scalia should know better, but he's a fucking twat, so I'm not surprised.

    •  well... (1+ / 0-)
      Recommended by:
      ebohlman

      I know you aren't talking about incest, but when you start introducing the idea of siblings entering into come kind of civil relationship, you really can't be talking about anything equating to marriage.  That, as the author of this post suggests, is a union of two people in a loving relationship, and the creation of a new family.  The brotherly relationship is not a "new family," but a financial arrangement which, imho, should not muddy the waters, and which should rightly be maintained as a matter of estate planning.

      •  Right. The legal effect of marriage (0+ / 0-)

        is to create new family ties without breaking any old ones (as adoption would do). In the case of people who already have family ties, the effect of marriage would be to overlay another, possibly conflicting, set of family ties, resulting in two people being related to each other in incompatible ways.

        Writing in all lower-case letters should be a capital offense

        by ebohlman on Thu Mar 28, 2013 at 07:44:45 PM PDT

        [ Parent ]

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