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 Post subject: Re: Re:
PostPosted: Fri Jul 26, 2013 11:12 am 
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Rorinthas wrote:
Talya wrote:
I actually rather approve of using another state's laws that are more beneficial to your cause to try to impose change upon the other state by force.

As long as I agree with the issue

That's rather short sighted. Tomorrow you could be the wrong side of another issue and with the Rule of Law destroyed you'd be out of luck



"Rule of law destroyed?" Not at all. This is all about rule of law. Laws have consequences. The fact is, Ohio legally recognizes out of state marriages that could not take place in state. There is a consequence to that. It doesn't matter if this situation is a result of someone trying to take advantage of that legal fact to force the state to recognize a marriage it does not want to... the reason the state has to do so is because of Rule of Law.

Legally, the ends always justify the means. If the "end result" is that the law agrees with you, your means were entirely justified from a legal perspective. There's no other way it can be if you want rule of law. That won't always work in your favor, but anything else is arbitrary.

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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 11:16 am 
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Hopwin wrote:
So you believe Ohio should have enforced the fugitive slave laws even though Ohio didn't allow slaves? Because you are now asking Ohio to enforce gay marriage laws that it doesn't allow. Or perhaps I should carry my gun into NYC and demand they recognize my right to concealed carry since Ohio does?

No, I'm just saying that I think the substantive content of a law is relevant to the analysis of whether or not I support "doing an end run" around that law. It's like the idea that proof of "actual innocence" should trump the procedural finality of a criminal trial. You can't relitigate convictions over every little thing, but if there's compelling new evidence that the guy was actually innocent, then the substance trumps the procedure. Same thing here. You shouldn't do an end run around a state's laws as a general matter, but if the law in question is sufficiently unjust, then I say go for it.


Last edited by RangerDave on Fri Jul 26, 2013 11:21 am, edited 1 time in total.

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PostPosted: Fri Jul 26, 2013 11:17 am 
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As I said. That could be, legally. Personally I still contend there is a difference if degrees when you try to swap out a gender as opposed to age (which sooner or later ends up not mattering) or close relationship (only promotes genetic defects) if the pro incestuous marriage crowd were trying to sue bakers, I'd be on their case too

Again how does a persons same gender partners name not appear on his/her death certificate adversely effect his/her funary arrangements?

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Last edited by Rorinthas on Fri Jul 26, 2013 11:27 am, edited 1 time in total.

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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 11:24 am 
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Khross wrote:
Again, you're conflating morality and legality.

Mm, I would say I'm noting the link between morality and justice and then arguing that justice should trump legality in extreme cases.


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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 11:25 am 
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RangerDave wrote:
Hopwin wrote:
So you believe Ohio should have enforced the fugitive slave laws even though Ohio didn't allow slaves? Because you are now asking Ohio to enforce gay marriage laws that it doesn't allow. Or perhaps I should carry my gun into NYC and demand they recognize my right to concealed carry since Ohio does?

No, I'm just saying that I think the substantive content of a law is relevant to the analysis of whether or not I support "doing an end run" around that law. It's like the idea that proof of "actual innocence" should trump the procedural finality of a criminal trial. You can't relitigate convictions over every little thing, but if there's compelling new evidence that the guy was actually innocent, then the substance trumps the procedure. Same thing here. You shouldn't do an end run around a state's laws as a general matter, but if the law in question is sufficiently unjust, then I say go for it.

The I suppose we should ask Khross to define what unjust is and then have Nitefox quantify what is and is not sufficiently unjust.

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PostPosted: Fri Jul 26, 2013 11:30 am 
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Also there is big difference between a government saying a person is property and a government saying we are going to promote homosexual behavior(they still permit it)

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Last edited by Rorinthas on Fri Jul 26, 2013 11:30 am, edited 1 time in total.

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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 11:30 am 
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Hopwin wrote:
The I suppose we should ask Khross to define what unjust is and then have Nitefox quantify what is and is not sufficiently unjust.

Sure, it's inherently subjective, as all political, legal and moral issues ultimately are.


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PostPosted: Fri Jul 26, 2013 11:34 am 
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Rorinthas wrote:
Also there is big difference between a government saying a person is property and a government saying we are going to promote homosexual behavior(they still permit it)

I don't think treating homosexual relationships the same as heterosexual relationships is fairly characterized as "promot[ing] homosexual behavior", but sure, I obviously agree that there's a big difference between slavery and the kind of anti-gay discrimination the State of Ohio currently engages in. That's why I advocate changing the laws via the courts and the election process rather than a second civil war.


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PostPosted: Fri Jul 26, 2013 12:14 pm 
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Hopwin wrote:
You want to legalize gay marriage nationwide by forcing a full faith and credit clause through the courts?


Based on the Full Faith and Credit clause, I feel that it should be recognized nationwide. I feel that ignoring parts of the constitution because "it does not apply to faggots" is complete and utter bullshit and is forcing someone else's moral bullshit down someone else's throat.

as far as the other points regarding religion... any god who would condemn me because I am being tolerant of other people or their personal beliefs is no god worth giving praise to.

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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 12:18 pm 
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lol, **** what that Jesus guy said about acceptance, right? Mexicans don't know what they're talking about.


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PostPosted: Fri Jul 26, 2013 12:26 pm 
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Dave, then why does any government recognize any marriage?

DS I am tolerant of all kinds of people who do things I consider sin. That doesn't mean we should promote that behavior

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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 12:29 pm 
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Hopwin wrote:
So you believe Ohio should have enforced the fugitive slave laws even though Ohio didn't allow slaves? Because you are now asking Ohio to enforce gay marriage laws that it doesn't allow. Or perhaps I should carry my gun into NYC and demand they recognize my right to concealed carry since Ohio does?


Using your example... this would be like Ohio having laws that allow you to own Chinese and/or Irish slaves but not African ones, if you moved into their state as a slave owner, but not be able to purchase anymore new slaves once living there.

Again Ohio has set a precedent for allowing some of the things to be recognized that they otherwise would not normally allow to occur in their state. In this case a person said. Okay we do recognize this under this same standard. And someone else is coming in saying no... you cannot do that, and trying to reverse the decision.

So to use your NYC example... it would be like NYC saying, yes we WILL recognize your right to carry concealed because Ohio does, and we already allow people from Texas, New Jersey and Colorado to CCW because their states allow them to. And then some dick attorney in NYC saying no... **** Gun Owners from Ohio, I do not agree with THEM and we need to not allow them to have the same rights we give to people from Texas, Jersey and Colorado.

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PostPosted: Fri Jul 26, 2013 12:31 pm 
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Rorinthas wrote:
Again how does a persons same gender partners name not appear on his/her death certificate adversely effect his/her funary arrangements?


Because the location of the funary arrangements REQUIRES that only spouses be buried together in a shared plot.

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 Post subject: Re: Re:
PostPosted: Fri Jul 26, 2013 1:05 pm 
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darksiege wrote:
Hopwin wrote:
You want to legalize gay marriage nationwide by forcing a full faith and credit clause through the courts?


Based on the Full Faith and Credit clause, I feel that it should be recognized nationwide. I feel that ignoring parts of the constitution because "it does not apply to faggots" is complete and utter bullshit and is forcing someone else's moral bullshit down someone else's throat.

as far as the other points regarding religion... any god who would condemn me because I am being tolerant of other people or their personal beliefs is no god worth giving praise to.


I don't care what you believe or what your religion is or anything about god(s) yours or otherwise. What I do care about is the rule of law in this country. What I care about is the fact that the Supreme Court just reviewed and overturned DOMA wholesale with the exception of the exemption to the Full Faith and Credit Clause. You know, the law that our dually elected legislators passed and that Clinton signed into law?

As I said before I voted against defining marriage as between a man and woman when that filth hit our ballots but it still passed so as a citizen I am duty bound to respect the laws of our land EVEN IF I DON'T AGREE WITH THEM or else I can move to where it is legal. When 62% of the population of your state says, "We don't want this" then the majority's decision stands. If you want gay marriage to be legal then get your state to legalize it or get Congress to repeal DOMA since SCOTUS already ruled the full faith and credit clause exemption to be Constitutional.

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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 1:17 pm 
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darksiege wrote:
Using your example... this would be like Ohio having laws that allow you to own Chinese and/or Irish slaves but not African ones, if you moved into their state as a slave owner, but not be able to purchase anymore new slaves once living there.

No it would not. A more apt example to support your argument would be if there was a law that said you can't own people and a separate law in Ohio that defined people as not being african american which would therefore make it legal to own african americans.
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So to use your NYC example... it would be like NYC saying, yes we WILL recognize your right to carry concealed because Ohio does, and we already allow people from Texas, New Jersey and Colorado to CCW because their states allow them to. And then some dick attorney in NYC saying no... **** Gun Owners from Ohio, I do not agree with THEM and we need to not allow them to have the same rights we give to people from Texas, Jersey and Colorado.

Again, no. You are making a false argument. A better argument again would be if Ohio CCW allowed me to carry a handgun and someone from NYC came here and tried to use the CCW law to carry a bazooka around.

That is the problem with what Ohio did. We have to recognize marriages from other states but the voters in this state took it upon themselves to redefine exactly what is a marriage. So when these two guys in Cincinnati moved back and said we are married, Ohio said by definition no you aren't and can't be.

Whoever keeps throwing out the phrase that words have meaning on this forum is exactly right and Ohio voters took it upon themselves to codify the definition of a word in our Constitution.

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PostPosted: Fri Jul 26, 2013 1:27 pm 
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How stupid are Ohio voters you might ask?

I passed this Union Billboard yesterday
Image

The Workforce Freedom Act would make Ohio a Right to Work state and the UNION had the gall to tie it to Communism/Socialism and their members are eating it up.

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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 1:30 pm 
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I have to say there's something endearing about your fierce defense of their vote while also acknowledging how stupid they are.


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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 1:36 pm 
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Hopwin wrote:
RangerDave wrote:
Hopwin wrote:
So you believe Ohio should have enforced the fugitive slave laws even though Ohio didn't allow slaves? Because you are now asking Ohio to enforce gay marriage laws that it doesn't allow. Or perhaps I should carry my gun into NYC and demand they recognize my right to concealed carry since Ohio does?

No, I'm just saying that I think the substantive content of a law is relevant to the analysis of whether or not I support "doing an end run" around that law. It's like the idea that proof of "actual innocence" should trump the procedural finality of a criminal trial. You can't relitigate convictions over every little thing, but if there's compelling new evidence that the guy was actually innocent, then the substance trumps the procedure. Same thing here. You shouldn't do an end run around a state's laws as a general matter, but if the law in question is sufficiently unjust, then I say go for it.

The I suppose we should ask Khross to define what unjust is and then have Nitefox quantify what is and is not sufficiently unjust.



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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 1:43 pm 
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Lenas wrote:
I have to say there's something endearing about your fierce defense of their vote while also acknowledging how stupid they are.


He's not defending their vote. He's defending the rule of law, as far as he can interpret it as a non-lawyer.

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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 1:45 pm 
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the result of their vote*


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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 2:09 pm 
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darksiege wrote:
Rorinthas wrote:
Again how does a persons same gender partners name not appear on his/her death certificate adversely effect his/her funary arrangements?


Because the location of the funary arrangements REQUIRES that only spouses be buried together in a shared plot.


Okay. Thank you for answering the question Is that a state law or the place's choice?

The full faith and credit of marriage is an issue. I'll admit that. Now if this place doesn't want to bury them together and it's not the state interfering, then that place should be free to do whatever it wants with its land.

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 Post subject: Re: WTF Ohio?
PostPosted: Fri Jul 26, 2013 4:18 pm 
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Fugitive slave laws were federal laws, and are not analogous to this situation. The state of Ohio is inconsistent, and the law against same-sex marriage is undesireable, but eventually Ohio will vote the other way. In the meantime, people should move to other states if they dont like the law. The law does no de facto nor de jure prevent those it unfaitrly effects from either voting or persuading others to change it, and thus is not unjust. "Unjust" is a term that should refer only to laws that actually prevent political participation.

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PostPosted: Wed Oct 23, 2013 8:36 am 
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Update - Dude died:
http://news.yahoo.com/ohio-man-challeng ... 42696.html

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CINCINNATI (AP) — John Arthur, who with his longtime partner helped lead a legal challenge to Ohio's ban on gay marriage, died early Tuesday, his attorney and a funeral home director said. He was 48.

With Arthur terminally ill from Lou Gehrig's disease, he and James Obergefell, 47, flew to Maryland in June to marry after more than 20 years together. They then then sued in federal court in Cincinnati for recognition of their marriage in Ohio so they could be buried next to each other in Arthur's family plot, which only allows decedents and spouses.

"Their love is a model for all of us," attorney Al Gerhardstein said, praising Arthur for fighting in his last days for the rights of all same-sex couples.

"Part of John's legacy will be the difference he has already made in the struggle for marriage equality," Gerhardstein said.

Funeral home director Robert Grunn, who recently joined the lawsuit as a plaintiff, said arrangements were pending.

U.S. District Judge Timothy Black found in favor of the couple and a second couple that joined the lawsuit. He wrote that they deserved to be treated with respect and that Ohio law historically has recognized out-of-state marriages as valid as long as they were legal where they took place, citing marriages between cousins and involving minors.

"How then can Ohio, especially given the historical status of Ohio law, single out same-sex marriages as ones it will not recognize?" Black wrote in August. "The short answer is that Ohio cannot."

The lawsuit has been expanded to have the out-of-state marriages of all gay couples in similar situations recognized on Ohio death certificates, despite the statewide ban. Black is expected to rule on that in December.

Critics of the lawsuit say it's a backdoor approach to legalizing gay marriage in Ohio and that the cemetery where Obergefell and Arthur want to be buried next to each other likely would accommodate their request without litigation.

But the president of the cemetery where they want to be buried said he has to follow Ohio law.

Gary Freytag, president of Spring Grove Cemetery, said that in order for the couple to be buried next to each other, they either have to be listed on their death certificates as married or get written permission from all the living direct heirs of the family plot.

He pointed out that the problem likely won't come to a head until Obergefell's death, since Arthur's family is the one who has a plot at Spring Grove.

"At that point, Ohio law may allow single-sex marriage," he said.

The case has drawn attention in other states, including helping spark a similar but much broader lawsuit in Pennsylvania. Black's decision also has irritated some conservative groups and lawmakers in Ohio, with one Republican state legislator calling for Congress to impeach him.

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