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SCOTUS on Marriage and Procreation

Posted by deegee 
SCOTUS on Marriage and Procreation
June 26, 2015
As you may or may not know, today the Supreme Court of the United States (a.k.a. SCOTUS) ruled that same-sex marriage is now legal in all 50 states. It was a narrow 5-4 decision written by Justice Anthony Kennedy.

Throughout this debate, the issue of marriage and procreation has often been raised because same-sex couples can not produce children biologically. As I was following today's decision on SCOTUSBLOG, one of the blog's moderators wrote this:

Back to marriage -- the majority opinion rejects the claim that marriage is about procreation, even while saying that protecting children of same-sex couples supports the Court's ruling: "This is not to say that the right to marry is less meaningful for those who do not or cannot have children. An ability, desire, or promise to procreate is not and has not been a prerequisite for a valid marriage in any State."

I'm sure that to those of you here in Bratfree who are married (I am not), I am preaching to the choir. But it's good to see that SCOTUS has some recognition of us CF. Remember that two of the justices, (Elena Kagan and Sonia Sotomayor) are unmarried (Sotomayor has been divorced for more than 30 years), in their 50s or early 60s (Sotomayor turned 61 yesterday), and have no children, which makes them at least CL if not CF.
Re: SCOTUS on Marriage and Procreation
June 26, 2015
As a married bisexual with gay friends and relatives I am absolutely chuffed to bits with this result!!!

Not just a victory for the many LGBT people who want nothing more than to have the same rights as straight people, but also a mini victory for us CF peeps grinning smiley

It's all over Facebook, so there are a few people who are like "Sorry but I'm a Christian and I follow God's law" smile rolling left righteyes2 as if that excuses their blatant homophobia.
Re: SCOTUS on Marriage and Procreation
June 26, 2015
http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf


OBERGEFELL v. HODGES
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
No. 14–556. Argued April 28, 2015—Decided June 26, 2015*

_______________________________________________
“There are three things all wise men fear: the sea in storm, a night with no moon, and the anger of a gentle man.”
Re: SCOTUS on Marriage and Procreation
June 26, 2015
Good decision in that it ultimately sets the stage to get the government out of the marriage business.
Re: SCOTUS on Marriage and Procreation
June 26, 2015
All righty, I'm 57, and I have to be honest, same-sex marriage sounds unusual to me - just the era I was raised in. But, why not? Detractors keep shrieking that our religious freedom is endangered. They're going to have to explain that one to me. No one says you HAVE TO marry someone of same sex. Come to that, no one says you HAVE TO approve of it. All they're saying is that folks who are so inclined HAVE TO be allowed to marry if they wish. Then they say it will somehow "degrade" my happy hetero marriage. Again, they're going to have to tell me HOW it will do that. Until someone gives me a GOOD, LOGICAL, INTELLIGENT explanation, I'll stick with "it won't." (Confidentially, I don't think any such explanation exists, but I'm willing to listen.) Personally, I've got more important things to have heart attacks over - will my transmission make it another year? How can I keep eating with $50 left until payday? (misplaced a digit) Will Mrs. DaLump get to keep her foot? Same-sex marriage isn't even in the top 500. It won't affect my paycheck. (Hope I found all the typos - storms here, and my wretched arthritis is acting up something fierce.)
Re: SCOTUS on Marriage and Procreation
June 26, 2015
Quote
louiedalump
All righty, I'm 57, and I have to be honest, same-sex marriage sounds unusual to me - just the era I was raised in. But, why not? Detractors keep shrieking that our religious freedom is endangered. They're going to have to explain that one to me. No one says you HAVE TO marry someone of same sex. Come to that, no one says you HAVE TO approve of it. All they're saying is that folks who are so inclined HAVE TO be allowed to marry if they wish. Then they say it will somehow "degrade" my happy hetero marriage. Again, they're going to have to tell me HOW it will do that. Until someone gives me a GOOD, LOGICAL, INTELLIGENT explanation, I'll stick with "it won't." (Confidentially, I don't think any such explanation exists, but I'm willing to listen.) Personally, I've got more important things to have heart attacks over - will my transmission make it another year? How can I keep eating with $50 left until payday? (misplaced a digit) Will Mrs. DaLump get to keep her foot? Same-sex marriage isn't even in the top 500. It won't affect my paycheck. (Hope I found all the typos - storms here, and my wretched arthritis is acting up something fierce.)


Other people's relationships don't affect me in the least bit. People should pursue happiness as they see fit.

On that note I did get a text message today from a good friend of mine who is an attorney. He was telling me that he was raising a glass of champagne. I asked, why? He wrote, "You can't have gay divorce without gay marriage, my friend! This will undoubtedly be another revenue stream for the firm..."
Re: SCOTUS on Marriage and Procreation
June 26, 2015
Quote
StudioFiftyFour



Other people's relationships don't affect me in the least bit. People should pursue happiness as they see fit.

On that note I did get a text message today from a good friend of mine who is an attorney. He was telling me that he was raising a glass of champagne. I asked, why? He wrote, "You can't have gay divorce without gay marriage, my friend! This will undoubtedly be another revenue stream for the firm..."

And the reality check arrives in the mail :smn

_______________________________________________
“There are three things all wise men fear: the sea in storm, a night with no moon, and the anger of a gentle man.”
Re: SCOTUS on Marriage and Procreation
June 26, 2015
As a childfree atheist, I am doubly offended by many of the arguments put forward by those who oppose SSM.

One argument they often put out there is the "Marriage is for procreation" argument, which of course it is not. Unmarried couples have children, as do single women who never marry their baby-daddies. CF and CL people marry, of course. Elderly people marry. Infertile people marry. Procreation and marriage are two separate events, with neither one requiring the other.

The other argument which annoys me is the "Same-sex marriage goes against my religious beliefs so it should be outlawed." What gives those religious nutjobs the right to impose THEIR religious values onto others who don't necessarily follow those values, especially through the power of government? To those same nutjobs who don't want same-sex couples to marry, I say this: "If YOU don't like same-sex marriage, then YOU don't have to marry someone of the same sex!"

Furthermore, the "Let the democratic process decide, not the courts" argument is another crock of shit. You can't put civil rights on a ballot or in a legislature to be voted on. This is how we ended up with Jim Crow laws and laws against interracial marriage, both overturned by the courts. You can't have a minority group, especially a disfavored one, to ask the majority for equal civil rights. State bans on same-sex marriage had NO RIGHT to be put on a ballot or be voted on by state legislatures to begin with. Thanks to today's SCOTUS ruling, all remaining state bans are sent to the garbage heap where they always belonged.
Re: SCOTUS on Marriage and Procreation
June 26, 2015
When are the self-immolations and migrations to Canada going to begin*? smile rolling left righteyes2

* Nevermind that same-sex marriage has been legal in Canada for about a decade now.
Re: SCOTUS on Marriage and Procreation
June 26, 2015
Quote
keeper of traken
When are the self-immolations and migrations to Canada going to begin*? smile rolling left righteyes2

* Nevermind that same-sex marriage has been legal in Canada for about a decade now.

There were a couple of people on my Facebooger feed that declared they'd just - stomp, stomp, fist wave, hold breath - move to Canada, goddamit!

I had to inform them that not only had same-sex marriage been legal since 2005, but had they not also heard that Canada has a socialized medical care system?

Haven't heard a peep out of them since. I honestly don't know how these people don't have to have sherpas guide them out of their houses every day.

Oh, and some brain trust also lamented that Trulia's facebook page had 'just changed their logo to support the sodomites' and to use Zillow instead. I regretfully (haha, suuure) had to inform him that as of February 2015, Zillow now owned Trulia, so he might want to research and rethink who or what he thinks he's supporting. No acknowldedgement of that inconvenient little factoid, either. Quelle surprise.
Re: SCOTUS on Marriage and Procreation
June 27, 2015
Quote
keeper of traken
When are the self-immolations and migrations to Canada going to begin*?

Yeah, I'm looking forward to seeing how numbnut Tx pastor talks his way out of that one... Even as bigoted and hateful as he is, I don't actually want him to do it - self-immolation is horrifying - but I am anticipating the schadenfreude of watching him squirm with why he hasn't yet.

I'm elated at the decision. A cousin of mine (second? first once removed? something like that) and his partner have been together longer than I've been alive, and survived some incredibly difficult things together. I'm delighted that even in bumfuck Arkansas they will get the right to marry each other if they so desire.

On a purely CF note: Said cousin and his partner moved from a gay-friendly city in Florida to bumfuck Arkansas to take care of his mother as she was dying. NONE of his other siblings lifted a finger, including the ones that disowned him because he was 'evil' for being gay and they 'couldn't have them around the chyyyyldruun.' Yep, pahrunting made them such the better person, right? And which one took care of them when they got old? Oh yeah, the ebil, selfish, childless one...

I'm glad Justice Kennedy made a point about sprogging =/= marriage and family. Maybe, just maybe, it will help sink it into the heads of the idiotic (although I'm not hopeful about that).

"Selfishness is not living as one wishes to live, it is asking others to live as one wishes to live." - Oscar Wilde
Re: SCOTUS on Marriage and Procreation
June 27, 2015
I got the news for this just a couple of hours ago, I think its great, I believe if a couple want s to marry, they should be free to anywhere in the world, regardless of what gender or sexuality they identify as.
Re: SCOTUS on Marriage and Procreation
June 27, 2015
Personally, I'm waiting for the slippery slope I was promised, of poly marriages.

Actually, I want to make marriage a purely social affair and get the government out of relationships. Let people make contracts if they want, with as many people as they want, covering aspects of life such as inheritance, end-of-life decisions and financial support.

Allowing homosexual marriage is a step forward, but it merely expands the franchise and still allows romantic couples to gain legal benefits which are denied to singles, non-romantic couples, and romantic multiples. There are advantages and disadvantages to all living situations, and it is not up to the government to mitigate disadvantages to some situations or add extra benefits to others because this effectively promotes certain situations over others, which is not the government's responsibility. The government's only role should be expanding the law against "family status" discrimination to cover all family situations, or repealing it. (Personally I'd like to see more consideration given for people who want to avoid neighbors whose life choices seriously impact their own quality of life.)

As for the comment about marriage not being related to procreation, it's nice to see that. However, it's obvious to me that the government still does encourage procreative relationships, in a number of ways. Obviously the value of procreation is subject to discussion and it is not a given, though you wouldn't know that from how all western governments seem to wail about declining birth rates and offer incentives/privilege to those who prop up the pyramid scheme of modern economic systems.
Re: SCOTUS on Marriage and Procreation
June 27, 2015
Whether you are for or against SSM what people fail to keep in mind is simply this: the separation of Church and State. You cannot make a law based on your religious beliefs.
Personally, I have too much going on in my own life to worry about whether or not someone wants to marry someone else. Not only that but there are more issues going on right now than to worry about who loves who. It's not high school and they need to get out of other people's bedrooms.
Re: SCOTUS on Marriage and Procreation
June 27, 2015
I thought this day would never come! I thought that each and every state would legalize gay marriage...eventually, but not the whole country this soon. I always thought that I would see gay marriage legalized nationwide would be when I'm a little old lady because each generation keeps getting more liberal.
Re: SCOTUS on Marriage and Procreation
June 27, 2015
Just to clarify a part of my earlier post:

Furthermore, the "Let the democratic process decide, not the courts" argument is another crock of shit. You can't put a reduction of civil rights on a ballot or in a legislature to be voted on. This is how we ended up with Jim Crow laws and laws against interracial marriage, both overturned by the courts.
Re: SCOTUS on Marriage and Procreation
June 27, 2015
Quote
yurble
Personally, I'm waiting for the slippery slope I was promised, of poly marriages.

Actually, I want to make marriage a purely social affair and get the government out of relationships. Let people make contracts if they want, with as many people as they want, covering aspects of life such as inheritance, end-of-life decisions and financial support.

Allowing homosexual marriage is a step forward, but it merely expands the franchise and still allows romantic couples to gain legal benefits which are denied to singles, non-romantic couples, and romantic multiples. There are advantages and disadvantages to all living situations, and it is not up to the government to mitigate disadvantages to some situations or add extra benefits to others because this effectively promotes certain situations over others, which is not the government's responsibility. The government's only role should be expanding the law against "family status" discrimination to cover all family situations, or repealing it. (Personally I'd like to see more consideration given for people who want to avoid neighbors whose life choices seriously impact their own quality of life.)

As for the comment about marriage not being related to procreation, it's nice to see that. However, it's obvious to me that the government still does encourage procreative relationships, in a number of ways. Obviously the value of procreation is subject to discussion and it is not a given, though you wouldn't know that from how all western governments seem to wail about declining birth rates and offer incentives/privilege to those who prop up the pyramid scheme of modern economic systems.

Yurble, this is perfect, I agree with you 100%. While I never have opposed gay marriage, I don't like how government gets to pick and choose the winners and the losers of social living arrangements. Legalization of gay marriage maybe a win for gay community, but this could be a very slippery slope for single and CF people. Businesses could begin dictating a certain agenda, such as 2 adults cannot rent a room unless they are married. Domestic partner benefits for same or opposite sexes could be eliminated. This move maybe a step, but I don't feel it is a step in a right direction. This move does zero for CF people and this move is a step backwards for single CF people. Before this law, at least I could add a non-relative friend as a beneficiary to my things. Will this change now? Idea can float around that everyone can be married and for those who are not, well, let's show them... I don't even want to imagine what sort of hassles could this bring upon cohabitating opposite sex couples. Marriage may become something that is forced on people by denying certain rights to those who are not married. This is wolf in sheep's clothing for single people.
Re: SCOTUS on Marriage and Procreation
June 27, 2015
Quote
deegee
Just to clarify a part of my earlier post:

Furthermore, the "Let the democratic process decide, not the courts" argument is another crock of shit. You can't put a reduction of civil rights on a ballot or in a legislature to be voted on. This is how we ended up with Jim Crow laws and laws against interracial marriage, both overturned by the courts.

Rights of single people are reduced, every day, and there is nothing anyone is going to do. There are now more single people than married, according to last census.
Re: SCOTUS on Marriage and Procreation
June 28, 2015
Yup, that's what I see: more discrimination against single people. Especially the CF/CL.
Re: SCOTUS on Marriage and Procreation
June 28, 2015
Quote
Techie
Quote
yurble
Personally, I'm waiting for the slippery slope I was promised, of poly marriages.

Actually, I want to make marriage a purely social affair and get the government out of relationships. Let people make contracts if they want, with as many people as they want, covering aspects of life such as inheritance, end-of-life decisions and financial support.

Allowing homosexual marriage is a step forward, but it merely expands the franchise and still allows romantic couples to gain legal benefits which are denied to singles, non-romantic couples, and romantic multiples. There are advantages and disadvantages to all living situations, and it is not up to the government to mitigate disadvantages to some situations or add extra benefits to others because this effectively promotes certain situations over others, which is not the government's responsibility. The government's only role should be expanding the law against "family status" discrimination to cover all family situations, or repealing it. (Personally I'd like to see more consideration given for people who want to avoid neighbors whose life choices seriously impact their own quality of life.)

As for the comment about marriage not being related to procreation, it's nice to see that. However, it's obvious to me that the government still does encourage procreative relationships, in a number of ways. Obviously the value of procreation is subject to discussion and it is not a given, though you wouldn't know that from how all western governments seem to wail about declining birth rates and offer incentives/privilege to those who prop up the pyramid scheme of modern economic systems.

Yurble, this is perfect, I agree with you 100%. While I never have opposed gay marriage, I don't like how government gets to pick and choose the winners and the losers of social living arrangements. Legalization of gay marriage maybe a win for gay community, but this could be a very slippery slope for single and CF people. Businesses could begin dictating a certain agenda, such as 2 adults cannot rent a room unless they are married. Domestic partner benefits for same or opposite sexes could be eliminated. This move maybe a step, but I don't feel it is a step in a right direction. This move does zero for CF people and this move is a step backwards for single CF people. Before this law, at least I could add a non-relative friend as a beneficiary to my things. Will this change now? Idea can float around that everyone can be married and for those who are not, well, let's show them... I don't even want to imagine what sort of hassles could this bring upon cohabitating opposite sex couples. Marriage may become something that is forced on people by denying certain rights to those who are not married. This is wolf in sheep's clothing for single people.

I'm at the other end of the scale from single, which is why I jokingly made the comment about when I'm going to see poly marriages. But I honestly don't see how I could demand marriage benefits for myself and my partners, knowing that those privileges come at the expense of single people. It really is long past time for governments to stop taking such an obscene interest in the living arrangements of their citizens and to provide the legal framework for all aspects of interpersonal relationships which are currently part of the marriage bundle to be entered into, individually.

Yes, this would require quite a lot of work because it would be a genuine overhaul of the social structure rather than just extending an existing franchise. The government and companies would have to rethink all sorts of "family" policies such as insurance packages, housing laws, immigration laws, inheritance laws and the like. But the result would be a more equal society, which I think should be the objective of any humanist.

Techie: when poly marriages are legal and being single is illegal, I'll marry you to protect you from being forcibly assigned to support a single moo with half a dozen sprogs winking smiley
Re: SCOTUS on Marriage and Procreation
June 28, 2015
Not only that but say I start a company and have a business partner. Why can't I have legal protections if say they get in a car accident and I need some of their personal information to be able to run the company in their absence? What about siblings who live together especially if they are elderly?
Re: SCOTUS on Marriage and Procreation
June 28, 2015
I am happy with the end result but unhappy with the manner in which it was. arrived. I believe they are stretching the 14th Amendment in ways they have not fully explored. Here is one example, I am not for or against it but I believe it could be a stronger argument than equality in marriage was.

Marriage is not specifically called out under the BoR, this jurisprudence wiggled it in under the 'liberties' clause. But the 2nd Amendment is specifically mentioned, and has been up held as an individual right in DC v Heller. So by following the same precedent as set in equality of marriage, all 50 states must offer reciprocity for concealed carry hand gun licences. They have been affirmed as an individual right and equality in marriage afirms , under the 14th amendment, individual rights granted in one state can not be restricted in another state.

As I said before, I am not for or against this scenario. But a big ass camel just stuck it's nose under the tent and instead of swatting it the majority opinion just fed it a cookie...
Re: SCOTUS on Marriage and Procreation
June 29, 2015
Domestic partnership benefits exist mostly to accommodate gays so I imagine those are going to start waning and along with that any respect for a non-marital relationship. I think it would cause a legal mess to change the system, but that one's domestic partner should be able to be anyone, and that they should be able to be assigned the same rights and responsibilities as a legal spouse. It would still cause problems to make that change but cutting single people off is really not fair.

My next of kin is a sociopath so I don't know if I'm ever really protected from that thing having access to me or my property if something happens and I don't have a spouse to take the role.
Re: SCOTUS on Marriage and Procreation
June 29, 2015
Quote
blondie
Domestic partnership benefits exist mostly to accommodate gays so I imagine those are going to start waning and along with that any respect for a non-marital relationship. I think it would cause a legal mess to change the system, but that one's domestic partner should be able to be anyone, and that they should be able to be assigned the same rights and responsibilities as a legal spouse. It would still cause problems to make that change but cutting single people off is really not fair.

My next of kin is a sociopath so I don't know if I'm ever really protected from that thing having access to me or my property if something happens and I don't have a spouse to take the role.

Domestic partner benefits were awesome. Several guys that I know have their GFs listed on their employers' medical insurance policies to avoid ACA penalties. With basically everyone now being allowed to get married, people who co-habitate are now likely going to get dropped from coverage. While I support the idea of everyone being legally able to get married, I don't like the fact that this new law may end up administratively punishing those who never wanted to be married. Married couples do get benefits that single couples cannot, I do understand that clearly. At the same time, I feel, many benefits afforded to married people come at the expense of single people.

People fought for a long time to be able to legally co-habitate. I feel that it was the gay rights movement that brought us, straight people, some really good choices and freedom to live our lives without having to adhere to societal norms. Gay marriage can be used by puritans as an attempt to make EVERYONE conform to societal norms. I hope we don't have to say goodbye to a GF/BF being on the same mortgage. I hope we don't say goodbye to BF/GF being on the same insurance policy.

Somebody has mentioned polyamorous relationships. I am not polyamorous, but that holds some hope for us, single people. Maybe enough people will still want to have relationships without having a nanny state approve it.
Re: SCOTUS on Marriage and Procreation
June 29, 2015
Here is another grain of hope. I spoke to a couple of my gay friends and they are actually saying that gay people are about as pro-marriage as straight people are. In simple terms, not all of them care to be married. That gave me a spark of hope. Maybe percentage of people who marry will not increase substantially. Maybe number of single people will not really drop. As long as we are not a minority, we have enough spending power to make a difference in corporate America's wallets.
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