Elena Kagan: Lied About Gay Marriage During Her Confirmation

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_Analytics
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Re: Elena Kagan: Lied About Gay Marriage During Her Confirma

Post by _Analytics »

ldsfaqs wrote:You don't get it.... They "removed" the DOMA act, thus by "law" redefining marriage.

They didn't redefine marriage. They said that the definition of marriage should be left to the states.

ldsfaqs wrote:We are not saying that she believes the "constitution" guarantees the right to gay marriage.

Yes you are. You are saying that she lied when she said, "There is no federal constitutional right to same-sex marriage."
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_Darth J
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Re: Elena Kagan: Lied About Gay Marriage During Her Confirma

Post by _Darth J »

ldsfaqs wrote:You don't get it.... They "removed" the DOMA act, thus by "law" redefining marriage.


Please copy and paste the language from Article I of the Constitution that empowers Congress to define marriage.

Also, please copy and paste a statute from anywhere in the United States where the ability to have children is a condition precedent to marriage.

We are not saying that she believes the "constitution" guarantees the right to gay marriage, we are saying she believes in and uses the law to make it a right.


Who the hell is this "we"? Who appointed you as their spokesperson?

Marriage is a statutory right under state law. That is not the same as a constitutional right under federal law.

She lies because she has and will vote against any law that goes against or prevents gay marriage, and will use the law to allow it.


Yeah, we can't have those Supreme Court justices basing their decisions on law.

She struck down a law banning gay marriage, DOMA..... By default she believes gay marriage is a right, even constitutional because she made a law that restricted it "unconstitutional".


What did Justice Kagan find to be the source of that substantive right? (This is a rhetorical question, since I am already aware you don't know).

I know it's a "fine" line, but this isn't the first issue with these liberals on the court.


ldsfaqs, in your own words, tell me how one is to determine what "liberty" or "property" means under either the 5th or the 14th Amendment. I'll give you a head start and tell you that neither liberty nor property are defined in either of those amendments.

For example, the local highway authority informs me that they are going to demolish my home to make way for a new road. I believe that my property is being taken without just compensation. What is the source of law that says I have a property interest in my home? (Note that the issue in this hypothetical is not whether I have a property interest, which is undisputed, but what the source is of the law establishing that property interest. Hint: it's not the text of the 5th or 14th Amendments, since they don't explain how I obtain a property interest in something.)
_moksha
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Re: Elena Kagan: Lied About Gay Marriage During Her Confirma

Post by _moksha »

Well, let's hope her sworn statements against satyrs, dryads and nymphs keeps her from voting yes to polygamy.
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_Analytics
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Re: Elena Kagan: Lied About Gay Marriage During Her Confirma

Post by _Analytics »

Darth J wrote:
ldsfaqs wrote:You don't get it.... They "removed" the DOMA act, thus by "law" redefining marriage.


Please copy and paste the language from Article I of the Constitution that empowers Congress to define marriage....

You clearly made your point about how precisely attorney's think about this.

But how about our friends bcspace and ldsfaqs? How precise and nuanced are their thought processes? From what I've gathered, a clear and grammatically correct expression of their thinking is this:

Kagan said there is no Constitutional right to same-sex marriage. That means she promised to always vote against the gays. She voted for the gays this week. Therefore she lied.

That's where you guys are coming from, right?
It’s relatively easy to agree that only Homo sapiens can speak about things that don’t really exist, and believe six impossible things before breakfast. You could never convince a monkey to give you a banana by promising him limitless bananas after death in monkey heaven.

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_Bret Ripley
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Re: Elena Kagan: Lied About Gay Marriage During Her Confirma

Post by _Bret Ripley »

Analytics wrote:
ldsfaqs wrote:We are not saying that she believes the "constitution" guarantees the right to gay marriage.

Yes you are. You are saying that she lied when she said, "There is no federal constitutional right to same-sex marriage."
It's kind of cute when they catch their own tails, innit?
_ldsfaqs
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Re: Elena Kagan: Lied About Gay Marriage During Her Confirma

Post by _ldsfaqs »

You people simply can't logically process it, and just don't get it.

We are not "dumb".... We see your point, you just aren't seeing ours.
Your brains simply don't process deeper connections and points.

Don't feel bad that you think like children. As adults it's simply a mental defect that you've never learned logical processing skills. Those brain connections haven't been made yet.
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Re: Elena Kagan: Lied About Gay Marriage During Her Confirma

Post by _Darth J »

ldsfaqs wrote:You people simply can't logically process it, and just don't get it.

We are not "dumb".... We see your point, you just aren't seeing ours.
Your brains simply don't process deeper connections and points.

Don't feel bad that you think like children. As adults it's simply a mental defect that you've never learned logical processing skills. Those brain connections haven't been made yet.


ldsfaqs, what is the source of a legal right to marry? You have been married. Where did the law come from that made it possible for you to get married?
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Re: Elena Kagan: Lied About Gay Marriage During Her Confirma

Post by _ldsfaqs »

Darth J wrote:
ldsfaqs wrote:You people simply can't logically process it, and just don't get it.

We are not "dumb".... We see your point, you just aren't seeing ours.
Your brains simply don't process deeper connections and points.

Don't feel bad that you think like children. As adults it's simply a mental defect that you've never learned logical processing skills. Those brain connections haven't been made yet.


ldsfaqs, what is the source of a legal right to marry? You have been married. Where did the law come from that made it possible for you to get married?


It originates first from the people (man & woman) who entered into a contractional covenant, then religion which ordained that contractional covenant by a higher authority, and then the state which by force of law helps enforce and moderate those contractional covenants.

That's where it "came from".

Government wasn't involved in regulating marriage for most of history.
The people and religion regulated marriage.
"Socialism is Rape and Capitalism is consensual sex" - Ben Shapiro
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Re: Elena Kagan: Lied About Gay Marriage During Her Confirma

Post by _Darth J »

ldsfaqs wrote:
Darth J wrote:
ldsfaqs, what is the source of a legal right to marry? You have been married. Where did the law come from that made it possible for you to get married?


It originates first from the people (man & woman) who entered into a contractional covenant,


Hmm. So the group marriages and polygamy that have existed in various cultures throughout history, and arranged marriages, and concubinage.....that's all part of the modern American conception of marriage existing since time began, right?

then religion which ordained that contractional covenant by a higher authority,


Oh. I thought Heavenly Father ordained marriage first in the Garden of Eden. But you're saying people invented marriage and then superimposed religion over it?

and then the state which by force of law helps enforce and moderate those contractional covenants.


Why should the state be involved in these religious sacraments at all? Why not just stop recognizing marriage as a legal relationship?

That's where it "came from".

Government wasn't involved in regulating marriage for most of history.
The people and religion regulated marriage.


But the government does regulate marriage now, right? So are you saying that marriage should not be a legal relationship at all? Do you think that Elena Kagan should rule on marriage as the legal relationship that actually exists in the real world today, or marriage as a religious sacrament involving your pseduo-history and vague, unverifiable fables about what marriage is? If she were to rule to on marriage as the religious sacrament that you are describing, wouldn't that violate the Establishment Clause? What if she were to allow religion to come into the picture, but base her ruling on the premise that Catholic doctrine about marriage is right, but LDS doctrine about marriage is wrong? If Justice Kagan were to rule on the legality of marriage based on its religious overtones, whose religion should she pick?

You're quite sure all religious people are opposed to same-sex marriage, and all religions teach that homosexual behavior is offensive to their deity, I take it.
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Re: Elena Kagan: Lied About Gay Marriage During Her Confirma

Post by _ldsfaqs »

Darth J wrote:Hmm. So the group marriages and polygamy that have existed in various cultures throughout history, and arranged marriages, and concubinage.....that's all part of the modern American conception of marriage existing since time began, right?


Sure, accept for your "modern American conception part.
It's always still been between man and woman.

Oh. I thought Heavenly Father ordained marriage first in the Garden of Eden. But you're saying people invented marriage and then superimposed religion over it?


I'm saying "generically" speaking, religion or not. Man has covenented together with woman creating their partnerships. "Marriage" as a term though came together once religion became involved. And religion has always defined "Marriage" as between man and woman.

Why should the state be involved in these religious sacraments at all? Why not just stop recognizing marriage as a legal relationship?


Well, as you likely know the state got involved because of divorces.

Personally speaking, I don't think the state needs to be involved on the marriage side, and only get's involved if there is some sort of conflict for which testimony, witnesses, evidence, etc. needs to be called to resolve said conflicts. Most divorces don't need a court/judge involved at all. I also don't even think alimony should be allowed, unless it's been shown that someone has spent their whole life with someone and they are completely incapable of supporting themselves, and the spouse has money that can support them for a while when they rebuild their qualifications, and then it ends. I'm also against Child Support unless it can be shown that the person who doesn't have the kids was abusive in any way. And in relation to that divorces also shouldn't be granted simply because they "feel like it" until the children are out of the home.

Anyway, sorry for that rant, I'm just in such a situation myself, and only me and my children are suffering for it, while the one who sinned in a plethora of ways get's to do what they want.

But the government does regulate marriage now, right? So are you saying that marriage should not be a legal relationship at all? Do you think that Elena Kagan should rule on marriage as the legal relationship that actually exists in the real world today, or marriage as a religious sacrament involving your pseduo-history and vague, unverifiable fables about what marriage is? If she were to rule to on marriage as the religious sacrament that you are describing, wouldn't that violate the Establishment Clause? What if she were to allow religion to come into the picture, but base her ruling on the premise that Catholic doctrine about marriage is right, but LDS doctrine about marriage is wrong? If Justice Kagan were to rule on the legality of marriage based on its religious overtones, whose religion should she pick?


I think she and the rest should "rule" that if gays want to create a "new" institution, they need to actually create it, not co-opt someone else's, redefining the word, meaning, and institution.

That would be the "tolerant" thing to do for ALL party's involved, don't you think?

You're quite sure all religious people are opposed to same-sex marriage, and all religions teach that homosexual behavior is offensive to their deity, I take it.


Never said anything so stupid, so don't know why you bring such a straw-man claim of me up.
Although, I think I know, so I will answer. Religions "accepting" gay marriage etc. is a new thing, not old. Though yes, rare instances of history, groups, and periods have more allowed it. But again, Marriage is defined between man and woman. If people want to create a new definition and standard, then they if they were "tolerant" would create their own word and definition.

We are being more than accommodating here, but they want to infringe on OUR Rights to get theirs.
That's the very definition on "infringing on peoples civil rights".
"Socialism is Rape and Capitalism is consensual sex" - Ben Shapiro
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