Re: OT - Marriage (spawned from page 4 of "American President" thread)
Supreme court decisions must be read in the mindframe of when they were written, when clear definitions are not available within the dicta of the ruling itself. It is clear that in the era of Loving v Virginia the legal definition of marriage was one man one woman. We know that Loving v Virginia did not overturn previous Supreme court cases regarding polygamy. Were we to accept your reading of the case, I'm not sure how states could implement any restrictions on marriage. Yet, according to current law and rulings, they can. So, it is clear that Loving did not remove the states right to restrict marriages. It is clear that a state cannot bar based on race. States can bar for other reasons. So, I would again completely disagree that Loving even comes in to play here.
As far as a straw man, you set up the position that one must disagree with loving, and therefore support a states rights to outlaw interracial marriages, if they supported a *** marriage ban. That is a straw man. You misrepresented the argument supporting bans by proclaiming what was and wasn't intellectually consistent with that stance. People can support the one and not the other, it is not a hard line to draw either legally, or intellectually.
I will concede on the ammendment issue, I do not know what rules are in play for ammending california's constitution. They are clearly different than federal. I could be completely wrong about what processes may be successful in that legal battle.
If the state cannot bar a man from marrying a woman based on race, it cannot bar a man from marrying a man based on gender. They both violate the Fourteenth Amendment.
In what way is it a straw man, exactly? I've not misrepresented anyone's argument in order to strike it down more easily, I've simply stated that I believe that it's an inconsistent position to support interracial marriage while being against same-sex marriage, as the reasoning used to argue against both has historically been the same (both interracial and same-sex marriage have been argued against on the grounds that they are contrary to the word of God and will lead to the destruction of society). I do not believe it is an internally consistent position to support one and not the other. In fact I have known opponents of same-sex marriage who believe Loving v. Virginia was wrongly decided and I understand that viewpoint and believe it to be consistent even while I wholly disagree with it.
Not quite accurate. This is actually a somewhat unprecedented legal scenario (though a similar thing happened in Colorado in Romer v. Evans) because the constitutional amendment that was passed can be interpreted to be in violation of the constitution it's amending. The legal challenges to Prop 8 are claiming that it's a revision of the constitution as opposed to an amendment, and a revision requires a two-thirds legislative vote rather than a simple majority (in other words, a ballot initiative is not enough to actually rewrite the constitution). If it's challenged on the right grounds it certainly can go before the California Supreme Court. There have already been several lawsuits filed on this. More info here, if you're curious.
Supreme court decisions must be read in the mindframe of when they were written, when clear definitions are not available within the dicta of the ruling itself. It is clear that in the era of Loving v Virginia the legal definition of marriage was one man one woman. We know that Loving v Virginia did not overturn previous Supreme court cases regarding polygamy. Were we to accept your reading of the case, I'm not sure how states could implement any restrictions on marriage. Yet, according to current law and rulings, they can. So, it is clear that Loving did not remove the states right to restrict marriages. It is clear that a state cannot bar based on race. States can bar for other reasons. So, I would again completely disagree that Loving even comes in to play here.
As far as a straw man, you set up the position that one must disagree with loving, and therefore support a states rights to outlaw interracial marriages, if they supported a *** marriage ban. That is a straw man. You misrepresented the argument supporting bans by proclaiming what was and wasn't intellectually consistent with that stance. People can support the one and not the other, it is not a hard line to draw either legally, or intellectually.
I will concede on the ammendment issue, I do not know what rules are in play for ammending california's constitution. They are clearly different than federal. I could be completely wrong about what processes may be successful in that legal battle.