phil_20686, on 2011-June-30, 19:10, said:
I have never understood this arguments. It seems like saying "we should have gay marriage because we are too lazy to draft properly non-discriminatory laws" Ignoring the fact that there are often other classes of people who suffer from these laws. For example, there was a case in the UK of two men who lived together in a non-sexual partnership as bachelors, and had done for nigh on twenty years, but when the other was injured in a car accident he was refused visiting rights in hospital. Is that not equally unjust? It seems to me that people should be able to create a list of non-family members who they wish to give visiting rights to to be kept with their medical records. That seems like a fair and equitable solution.
Bonus questions for the panel: The wording of the UK statue for civil unions states that the relationship must contain a sexual component. This is to discourage, say, buisness partners from entering into civil partnerships to avoid tax laws (since interpersonal transfers are exempt from every kind of tax within a marriage). There was a case recently of a pair of (female, identical, elderly) twins who lived together in a house they owned jointly, when one of them died the other was forced to sell their home as despite receiving everything in the will she was unable to afford the inheritance tax on her sisters half. They had previously attempted to enter into a civil partnership to avoid inheritance tax but had been refused on the grounds that it would have been incestuous. Where would the NY gay marriage law stand on issues like these?
Based on all of your writing it strikes me that you have a two clear positions:
1) Marriage is sacred and should be defined as by the Church.
2) It is acceptable (and even desirable) to have legal protections in a secular state (like the USA) where homosexuals can have legal recognitions and protections of their unions. These protections can (and should) be equal to the legal protections of marriage.
It strikes me that your whole problem then (based on these positions that I've gleaned from your previous writings) is a conflation of civil and religious ceremony. I was married last summer. For health care reasons, my spouse and I nearly had a civil ceremony a year prior (it ended up not being necessary). However, I would not have been married in the eyes of my religion, and I would not have considered myself married in any religious sense. This word "marriage" is overloaded, and I think any *serious* religious argument should realize this fact--furthermore unlike what Mr. O'Reily suggests, it should not be necessary to unwind the word (simpler for the simple minded...but hardly necessary). There are millions of people (like me for example) whom the Catholic Church would not considered "married" but the State would. See....these are two different concepts that magically use the same word. There are lots of other examples of this in the English language (and in Law--both religious and civil) where words are overloaded. It should not cause this much confusion.
If however, you have misrepresented (or I have misread) your position, then I think you are quite wrong. The State need not pay any heed to any one religion. Otherwise, I'd still not be married (nor would I ever be).
In short, "marriage" in the eyes of the US gov't and "marriage" in the eyes of any religion *ARE* different. Furthermore, as the US gov't is not beholden to any religion (thankfully, as no two religions would be able to agree on what it is otherwise) the legal and civil protections you suggest are provided by the gov't in something called "marriage" that is amazingly *not* a Catholic marriage.
Sincerely,
Ben
I edited to put in the quotes whereby I surmised these two positions that I ascribed to you:
phil_20686, on 2011-June-30, 19:10, said:
I have never understood this arguments. It seems like saying "we should have gay marriage because we are too lazy to draft properly non-discriminatory laws" Ignoring the fact that there are often other classes of people who suffer from these laws. For example, there was a case in the UK of two men who lived together in a non-sexual partnership as bachelors, and had done for nigh on twenty years, but when the other was injured in a car accident he was refused visiting rights in hospital. Is that not equally unjust? It seems to me that people should be able to create a list of non-family members who they wish to give visiting rights to to be kept with their medical records. That seems like a fair and equitable solution.
I read this as saying that you think the State *should* give some amount of civil rights (perhaps even ALL the civil rights) to two people living together that are not religiously married. This is called marriage. The case you present is called "common law marriage" in states like New York now (previously a man and woman living together for 7+ years would be married in the eyes of the State for various legal purposes...this now would also apply to two men living together).
phil_20686 said:
Certainly, if you like, solutions like Germany are possible where you have your civil marriage and then you go to the church for your "actual" marriage. It is an incumbent moral duty on the state to recognise marriage as one of the building blocks of society. Moreover, even if you go in for separation in an extreme way and take up the German solution of civil marriage being totally separate from religious marriage, it does not follow that marriage should therefore not be economically subsidised. Germany subsidises marriage the most of any euro zone country I believe.
This seems to be *exactly* my statement with the brilliantly added words "civil" and "actual" to the word "marriage" to help people realize that these are different. Amazing.