[quote]jsbrook wrote:
OTHERS already have to do differently than they may choose by virtue of the thousands of state and federal benefits and requirements that state and federal law apply to a married couple.
Bill Roberts wrote:
The direct effect is the law requiring OTHERS to do differently than they may choose. Indeed it is only others that will be required to do anything different.
Somehow this aspect, which clearly is a key aspect – how can the matter of who is required to do differently under a law not a key aspect? – gets neglected, it seems to me, or even entirely overlooked most of the time.
jsbrook wrote:
Bill Roberts wrote:
Um, what part of my statement was incorrect?
I pointed out that what it is about is requiring OTHERS to act or respond differently. Rather than being a matter of allowing or not allowing any couple in question to interrelate with each other however they like.
How am I wrong in stating that?
Maybe I misinterpreted your post. Seemed to me that you were saying, there is no real reason to fight because they can consider their private relationship whatever they want it to be. When in fact, I guess you were just acknowledging this fact.
Seems obvious to me too. Maybe that’s why I misinterpreted.
But certainly, the important issue is the impact legal recognition of their relationship by others would have for them.
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Does that change the accuracy or relevance of what I said? No.
Let me add some detail so this is not just in the abstract.
Now, let’s say I am an employer. There are various ways in which I can choose to give benefits to some employees and not others. It’s my money.
For example, let’s say I choose to have a policy that I will give a bonus of such-and-such-per-month to all employees who have or earn bachelor’s degrees, above and beyond what they otherwise would get.
And I choose not to give this to those that don’t have bachelor’s degrees and don’t get them.
That’s my business, right?
Now some group decides that in their view technical school degrees are just as good, and demand a law that no employer can differentiate between bachelor’s degrees and technical school degrees with regard to pay or benefits. In fact now degrees from technical schools are going to, by law, be CALLED “bachelor’s degrees” though that has never meant that before.
Hey, these people have their degrees without the law. They are free to get salaries from anyone who wants to hire them at pay mutually agreed to.
I don’t feel like paying a bonus for those of my employees that have degrees from technical schools. Just not what I want to do.
What this law really is about is not allowing people to have technical school degrees: any technical school and any person can, if mutually agreeing, grant and receive the degree. That’s already the case.
And any person who wants to reward or otherwise respond to that technical degree is already free to do so.
No, that’s not what the law would be about.
What such a law would in fact be about is forcing other people to accept and treat the technical degree differently than what they are willing to do.
Similarly with laws of the sort in question. People are already free to have any relationship between them that they want. Other people are already free to recognize it however they want.
However, some people and entities have chosen such things as to, for example, at their option confer benefits such, as say, health care to spouses of their employees who are married according to what they understand to be marriage, and what has long been understood to be such. Which the employer means, to a person of the opposite sex, as that was the meaning when the contract or policy was established. All employees are free to do that. Or not to. Their choice.
What the type of law in question (or legislation from the bench) is about is trying to now force this employer to grant a benefit that he did not intend to give – if he intended to do it, he already can without the law. And of course not just this employer, but countless employers and other persons and entities to do what they did not and do not wish to do and never agreed to.
It is not about permitting consenting people to do things that now they can’t. Not a single such thing can be named, other than word usage.