So let's vote on same sex marriage

[Rupert Pupkin]

Originally Posted by Danzig

well, i don't understand why your posing a question that has nothing to do with anything.
are there gay people? yes. are they citizens of this country? yes. are they given the same rights as heterosexuals insofar as marriage? no. not sure why you want to get into what if's that have nothing to do with any of it.

I'm just trying to understand your legal argument. Have you ever read transcripts from or listened to Supreme Court arguments? The judges always ask hypothetical questions because they are trying to understand the arguments that the lawyers are making. For example, if a lawyer is making his case for Obamacare before the Supreme Court, a Judge may ask a question like "If the government can mandate health insurance, would it be ok for them to mandate a yearly physical examination?"

The Judge is simply trying to understand what the lawyer is arguing.

That is all I'm trying to do here with you. I'm just trying to understand your legal arguments. There is a chance that states banning gay marriage could end up in front of the Supreme Court.

I was just trying to understand whether your argument was that gay people are a distinct group whose rights are being taken away and/or gay people are born gay just like a black person is born black.

If that is your argument, I think that argument at least makes sense. I don't know if that argument would win in the Supreme Court but at least the argument makes some sense.

If the argument is that being gay is just a description of a behavior, then I think the argument wouldn't be nearly as good. If the argument is simply that a person simply chooses to engage in a certain behavior and by engaging in that behavior, that makes this person part of a distinct group, and therefore we should have new laws to accommodate this group, I think that is a very weak argument that would have little or no legal merit. If this were the case, then any group of people that engages in a certain behavior could claim that engaging in this behavior makes them part of a special group and therefore entitles them to special laws to accommodate their group.