home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky alt.fan.rush-limbaugh:8822 alt.rush-limbaugh:9998
- Newsgroups: alt.fan.rush-limbaugh,alt.rush-limbaugh
- Sender: kfp@sibyl (Keith Pilotti 552-3900 SV CMCT)
- From: kfp@sibyl.NoSubdomain.NoDomain (Keith Pilotti 552-3900 SV CMCT)
- Path: sparky!uunet!sun-barr!cs.utexas.edu!swrinde!network.ucsd.edu!mvb.saic.com!sibyl!kfp
- Distribution: world
- Followup-To:
- References: <19375@ucdavis.ucdavis.edu> <19377@ucdavis.ucdavis.edu> <9234169@MVB.SAIC.COM>
- Organization: SAI Technology, San Diego, CA
- Subject: Re: Gay Marriages? [Corrected REPOST]
- Keywords: marriage, 14th Amendment, gays, lesbians
- Message-ID: <9234999@MVB.SAIC.COM>
- Date: Thu, 19 Nov 1992 04:01:23 GMT
- Nntp-Posting-Host: Mvb.Saic.Com
- Lines: 68
-
- [This version differs only in that the formatting is readable!]
-
- I wasn't aware that the constitution had anything at all explicitly to
- do with the issue of marriage. Marriage is a particular contractural
- arrangement that has been institutionalized in our civilization as a
- way of legally recognizing this centuries (millenia?)-old form of
- relational bonding between human beings, purely so that the
- marriage-partners can in some situations be considered a "single
- entity". (I'm speaking strictly from a legal point of view -- the
- personal definition of marriage means as m any different things as
- there are marriages.)
-
- The fact that until recently few people have considered that this could
- mean same-gender relationships does not change the fact that it boils
- down to a lega l distinction, for the convenience of our society,
- arising (in the U.S.A.) out of an interpretation of our Constitution
- and Bill of Rights. I think Freedom of Speech and Freedom of
- Association could be interpreted as not excluding whomeve r one chooses
- with which to enter into a spousal relationship. If we agree that all
- human-beings are created equal , and that a person's gender does not
- qualif y that equality, there really isn't much else constitutionally
- that would disqualify same-gender marriages.
-
- On the point Mitchell makes about the 14th amendment "expanding the
- rights of certain political factions", I find this nonsensical from the
- point of view tha t we are not discussing political factions, we are
- talking about human beings wit h equal rights (or not). Nothing is
- being expanded by allowing same-gender marriages, rather a
- discrimination is being eliminated. That the only argument people seem
- to have is moralistic would seem to make this more clear.
-
- The founders of our Constitution et al *did* forsee that they couldn't
- forsee every possible situation, and invented the mechanisms for us to
- re-interpret an d modify specific laws to suit the changes that they
- knew would face our society in the future.
-
- With regard to rights, it is not clear that ONLY rights which are
- spelled out are valid. I actually believe that we default to ALL
- rights which are not explicitly denied, including those rights that
- noone may have thought of yet. And those denials are subject to
- change.
-
- To make a technical analogy, the designers of Ethernet never expected
- to have t o accomodate appletalk packets on the same cable. It wasn't
- that they thought appletalk was wrong or bad, they didn't even know
- about it -- they focused only on the particular parameters within which
- they wanted to work. The same logic can be applied to the marriage
- laws. I imagine that when those laws were being written, no one
- explicitly intended to exclude same-gender marriages. The wording
- probably was simply an artifac t of defaulting to what people were "use
- d to" and that it never occured to anyone at that time that there was
- any other way of looking at it. We have gained knowledge about the way
- people and relationships work, just as we have gained knowledge about
- computer networks an d reality. It is time to expand the spec of
- marriage to include additional protocols as people find them useful.
-
-
- +Keith
-
- --
- O Keith F. Pilotti --O
- | Science Applications International Corporation (619)552-3900 (Voice) |
- | 10240 Sorrento Valley Rd, San Diego, CA 92121 (619)552-3157 (FAX) |
- | |
- | Pilotti@Sibyl.SAIC.COM SAIT Center for Mobile Computing Technology |
- O--------------------------------------------------------------------------O
-
- "The unexpected *is* our normal routine!" -- Will Riker, Star Trek TNG
-