dwilhelmi wrote:The scope of the "discrimination" in question. Racial discrimination was a very far reaching problem. Homosexual "discrimination" in this case is regarding only benefits supplied to someone engaged in a particular contract. Nobody is saying that homosexuals can't ride in the front of the bus, or use the same schools, or eat in the same restaurants. It is the definition of the contract. Just like I, as a white male, cannot be considered for an ethnic or female based scholarship. That is not discrimination, just the definition of the contract in question.
So you're effectively saying "you are not being discrimated against because the society you accuse of discriminating against you defines marriage in a way that excludes you, therefore by definition it's not discrimination." To draw the parallel with the racial civil rights movement, the argument would look like "we can't be being racist, because we don't define you as people, therefore by definition we can't be breaching your human rights because you're not human." Do you not see the circularity in this argument? At best it's a legal semantic reason why gay people are not allowed to get married right now, rather than a justification to never allow it in future.
dwilhelmi wrote:As the one claiming "separate but equal" never works, I challenge you to give one example other than racial segregation where it didn't work. Or even how it wouldn't work in this case. If the government says that anyone with a civil union be allowed to visit their partner in the hospital, how would that not work?
You argue that because "separate but equal" didn't work in the case of a wide spread epidemic of horrible magnitude, reaching down into just about every single walk of life and thing that everyone did on a day to day basis, that it obviously won't work in any other case?
You can't just shift the burden of proof like that. You are the one claiming that "separate but equal" is a viable solution. I bring up the only precedent I'm aware of, and show that it failed miserably. You either have to show that it has worked in other contexts, or explain how this time will be different and why. Also, saying "apart from this, show it never worked" is asking me to prove a negative, which is unreasonable, unless you want me to type out a multicultural analysis of every single civilisation in history and show in every case why something either wasn't a "separate but equal" policy, or how it didn't work.
Finally, the "apart from" qualification is a massive cop-out. It's like me saying "The Baltimore Ravens have never been a superbowl winning football team." and you saying "But they won the superbowl in 2000" and me saying "yeah, well, but apart from that, can you prove they've ever won the superbowl?" The racial debacle is my proof that it doesn't work, and you can't just dismiss is and ask me for more, you have to address it. Your justification that the racial one was a "wide spread epidemic of horrible magnitude, reaching down into just about every single walk of life and thing that everyone did on a day to day basis" seems to me pretty similar to the gay situation now. There are gay people in all walks of life, and by segregating them as not having the same rights to marriage as straight people is effectively saying that they are second class citizens. If they can be denied that right, then what other rights could they be denied? Biblically speaking we could just deny them the right to life, I mean why stop at marriage when you can just eradicate the "problem" entirely?
dwilhelmi wrote:I didn't mean any relationship you want, obviously. I was still referring to an official governmental-recognized contract that could be entered into by any two individuals.
So how would most people react if you asked them for the one word, the definition of which would be "an official governmental-recognized contract that could be entered into by any two individuals" within the context of relationships? I think most people would jump straight for marriage. So I would contend that the same sex marriage argument,
by popular definition, is legally sound as the majority would use your definition for the "other" system as being synonymous with marriage anyway.
dwilhelmi wrote:I am all for freedom, liberty and equality for all. I just want to do it in the right way. Instead of the quick and dirty way that tramples on the deeply held belief of a majority of the people in this country, I want to work towards a solution that would make everyone happy. I think that is worth a bit of additional up front effort.
And what is the "right" way? The way that would force hundreds of laws to be modified and changed all throughout all sorts of different contexts from tax to medical permission to adoption to immigration to pensions to death in service benefits and hundreds of other things. At a conservative estimate there are around 1000 different benefits, entitlements and legal rights or advantages that married people receive (
Source) A change that would take decades to properly codify.
Or, we could simply make something in law that is exactly identical to marriage, lets call it gayriage. But what would be the point in that? Why have segregation of two legally identical practices under two different names? To avoid trampling on deeply held claims to ownership over the institution of marriage by one particular religious sect? Claims which are unfounded and unjustified? Maybe we should have done the same back in the racist days, and defined black people as "beople" with all the same rights as white people. And because they have a different name for them that wouldn't still promote discrimination, it wouldn't make it even easier for them to be classified as "different to us" or aything like that. No that would have been the perfect solution, I'm amazed none of those black activists and white people who supported them never thought of that!
Or we could just say that gay people can have marriage just the same as straight people, change one law, and we get to the same point. A few religious / homophobic people get their knickers in a twist for a while, society moves on and in another 100 years time it's recognised as the same good and fair and just progress as the changes during the racial civil rights movement are viewed by the majority now.
The point of equality isn't just that you treat people equally, but that you classify them equally. A black person is a person, just the same as a white person is a person. A muslim place of worship is a place of worship, just the same as a christian place of worship is a place of worship. By the same principle a gay marriage is a marriage, just the same as a straight marriage is a marriage.