[quote]borrek wrote:
Surely you’re joking? Similarly situated is not intended to limit anything, it is intended to prevent the rights of groups from being limited. Similarly situated has been a part of the US legal vocabulary for hundreds of years, so it’s not quite “out of thin air”[/quote]
Of course it acts to limit…[u]Similarly[/u] situated. When I say out of thin air, I’m not speaking to it’s age. Arbitrary, would probably be clearer. What is a similar situation? The number involved? Or, that opposite sexes are involved? The homos have the numbers right, the polygamists have at least one member from the opposite sex (the reproductive unit is still present). Nor, do I think this expanded, but still limited definition, will stand. More than one person living together is a similar situation in itself. With 7 women and 1 man present in a marriage, the chance of reproduction is there. That’s similar, too.
[quote]For instance, one could argue that similarly situated involves some kind of arrangement where the opposite sexes could be expected to copulate.
One could argue that. One would sound kind of stupid for missing the point so badly.
If you are being serious, and not just flippantly sensational, I’ll point out that no person in the US has ever been legally expected to copulate.
[/quote]
Then why call it marriage? Why not extend the full benefits and privileges to roomates, or any other conceivable living arrangement consenting adults come up with? (Though, you do support this too, no?)
[quote]No matter the number involved, there would be at least one member from each of the reprodcutive sexes as part of the arrangement. Man, women. Woman, men. Or, Men and women. Now, perhaps you’d argue that as long as the number involved doesn’t change (only two people), the sexes involved doesn’t matter. But, who judges which situation(s) have to be similar?
Within the scope of the matter in this thread - “Iowa: Gay Marriage Ban Unconstitutional” - the judges of the Iowa Supreme Court got to judge which situations have to be similar.
Committed monogamous relationship - check[/quote]
Don’t look now, but that’s a limiting definition…
[quote]Able to create offspring in socially accepted ways - check
[/quote]
Uh, what?
[quote]And it doesn’t address that this is still discriminatory. Why do they HAVE to be similarly situated at all?
We all know that all laws discriminate by nature, but we also all know that there is a difference between fair discrimination and unfair discrimination. It is fair to treat different groups differently under the law.[/quote]
And what arrangement of consenting adults should be discriminated against? My question for you is, why do you think any marriage should recieve recognition and set aside privliges?
Nothing willy nilly about my stance. It’s based on the reality of proprogating our citizenry within intact homes, featuring both bio parents.
[quote]
Why do those fitting into certain similar situations (defined by what, I don’t know) recieve a different status and different treatment in the legal/tax realm?
Haha that is exactly what we’ve been asking you! If the groups are similarly situated, then they should be treated similar. [/quote]
I’m asking why should they be treated any different from those NOT in “similar” situations. Why should the state recognize ANY form of voluntary relationship for set aside, pre-packaged, and state granted benefits? Why would they receive any different treatment than two best friends? Why?