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  1. #1
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    Rights versus Societal Norms

    I keep coming back to this issue as we discuss Gay Rights and Abortion and Free Speech and nearly any of the many hot topics around here.

    Legal Secularists has had a field day the past 60 years inventing rights and then jamming them down the throats of the majority. The basic approach is to define a right, claim it's in the constitution, then start litigating against the wishes of the majority.

    A short list:

    The right to not be offended: Used to abrogate the free speech rights of Christians in public schools.

    The right to privacy: Used to change the legal status of pre-born humans from Huh? to inert material that can be gotten rid of like a bowel movement. This one is also being warped to try and include any perversion that puts a stick in the eye of traditionalists

    The right to access the money of other people: This is most mind boggling one. We clearly have a right to be secure in our property. Yet for some reason, the right to private property yields to the general welfare clause.....

    Anyway, these are not well defined and poorly written, I admit it.

    But here's the real topic. When do societal norms legitimately limit rights?

    Limits on Pornography, from zoning laws on strip bars to where and how pornographic materials may be distributed can be thought of as a limitation on free speech.

    Limits on Religious Speech: wait, can't use this one since the rights being claimed against the right of religious speech was originally a minority right. The idea seemed to be that religious speech was poison and could be abrogated if anyone in a public school complained.....

    So have it. Anyone think of a better example? I would bring up Gay marriage again, but we have sort of beat that one to death.
    "“Guess what women are taking about? I don’t care if they’re stay-at-home mothers or working mothers or grandmothers. They’re talking about jobs and the legacy of debt that we are leaving our children.” Ann Romney

    "Any woman who understands the problems of running a home will be nearer to understanding the problems of running a country." - Margaret Thatcher



  2. #2
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    Here's a quote from Justice Kennedy in his summary of the majority opinion, an opinion which overturned sodomy laws in the state of Texas. (Lawrence v Texas). He also mentions Bowers, a SCOTUS ruling that upheld anti-sodomy laws, which was overturned by Lawrennce.

    "In our own constitutional system the deficiencies in Bowers became even more apparent in the years following its announcement. The 25 States with laws prohibiting the relevant conduct referenced in the Bowers decision are reduced now to 13, of which 4 enforce their laws only against homosexual conduct. In those States where sodomy is still proscribed, whether for same-sex or heterosexual conduct, there is a pattern of non-enforcement with respect to consenting adults acting in private.... "

    Although this section is only part of the argument, it clearly is using changing societal values as a partial justification for the majority's opinion in Lawrence.
    "“Guess what women are taking about? I don’t care if they’re stay-at-home mothers or working mothers or grandmothers. They’re talking about jobs and the legacy of debt that we are leaving our children.” Ann Romney

    "Any woman who understands the problems of running a home will be nearer to understanding the problems of running a country." - Margaret Thatcher



  3. #3
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    This thread is a perfect example of why substance doesn't sell. I am bumping it because of today's discussion with Cicero where he claimed that because the Bible is a book of fiction, it cannot be used as the basis for any legislation. This is the right place to explore this topic, so if anyone cares to join in, we can get away from whack-a-mole for a few minutes.

    Should societal norms, values and beliefs play a central role in our laws?
    "“Guess what women are taking about? I don’t care if they’re stay-at-home mothers or working mothers or grandmothers. They’re talking about jobs and the legacy of debt that we are leaving our children.” Ann Romney

    "Any woman who understands the problems of running a home will be nearer to understanding the problems of running a country." - Margaret Thatcher



  4. #4
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    Quote Originally Posted by kmiller1610 View Post
    This thread is a perfect example of why substance doesn't sell. I am bumping it because of today's discussion with Cicero where he claimed that because the Bible is a book of fiction, it cannot be used as the basis for any legislation. This is the right place to explore this topic, so if anyone cares to join in, we can get away from whack-a-mole for a few minutes.

    Should societal norms, values and beliefs play a central role in our laws?
    They always have as far as I am aware. I can't really see how any society can enact a law which is not a reflection of what it believes itself. I think to do that would take an immense amount of perverted and mind twisting thinking.

    For instance would you make a law that made honesty illegal? Of course not, unless you were a congressman making laws to benefit an investment bank.
    "Perhaps the earth can teach us, as when everything seems dead in winter and
    later proves to be alive. " Pablo Neruda


    “It is difficult to get a man to understand something, when his salary depends upon his not understanding it.” Upton Sinclair

    "One does not sell the earth that people walk upon." John Trudell (after Crazy Horse)

    "This world we live in is but thickened light." - -- Ralph Waldo Emerson

  5. #5
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    Quote Originally Posted by kmiller1610 View Post
    I keep coming back to this issue as we discuss Gay Rights and Abortion and Free Speech and nearly any of the many hot topics around here.

    Legal Secularists has had a field day the past 60 years inventing rights and then jamming them down the throats of the majority. The basic approach is to define a right, claim it's in the constitution, then start litigating against the wishes of the majority.

    A short list:

    The right to not be offended: Used to abrogate the free speech rights of Christians in public schools

    This is a completely false comment. Christians have free speech rights in public schools. They can talk about god, they can pray all they want. The school just can't have a sanctioned event, can't have set aside time for kids to pray. NO violation of free speech. In fact, its the constitution and separation of church and state that makes them not being able to have school sponsored (in state run schools) religious activities.

    The right to privacy: Used to change the legal status of pre-born humans from Huh? to inert material that can be gotten rid of like a bowel movement. This one is also being warped to try and include any perversion that puts a stick in the eye of traditionalists

    Another complete fallacy, what does this have to do with right to privacy and abortion? Huh? So a women doesn't have rights to her own body? Really? Please make logical arguments not these complete stretches of reality and absurd comments

    The right to access the money of other people: This is most mind boggling one. We clearly have a right to be secure in our property. Yet for some reason, the right to private property yields to the general welfare clause.....

    Anyway, these are not well defined and poorly written, I admit it.

    But here's the real topic. When do societal norms legitimately limit rights?

    Limits on Pornography, from zoning laws on strip bars to where and how pornographic materials may be distributed can be thought of as a limitation on free speech.

    Limits on Religious Speech: wait, can't use this one since the rights being claimed against the right of religious speech was originally a minority right. The idea seemed to be that religious speech was poison and could be abrogated if anyone in a public school complained.....

    So have it. Anyone think of a better example? I would bring up Gay marriage again, but we have sort of beat that one to death.
    YOu dont' want to bring up gay marriage because it fit nowhere in your societal norms argument. Rights are rights, plain and simple. The gays not being able to marry is a violation of their rights. Gays getting legal gay marriage does absolutely nothing to violate your rights, or those that are against gay marriage.THey are still free to think and speak negatively of gay people if they want to, they are not force to personally accept gay marriage, they are not forced to marry those of the same sex. So gay marriage has nothing to do with your question of when societal norms and rights being "jammed down your throats". that is the most tired and ignorant comment anybody can possibly make. Time and time again its shown to be completely idiotic to make such a claim. When giving someone else rights has absolutely no effect on your life, what is being "rammed down our throats". You really seem to lack what this country was all about and why the constitution and the bill of rights was established, to prevent the majority from violating rights of the minority

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    Quote Originally Posted by kmiller1610 View Post
    Here's a quote from Justice Kennedy in his summary of the majority opinion, an opinion which overturned sodomy laws in the state of Texas. (Lawrence v Texas). He also mentions Bowers, a SCOTUS ruling that upheld anti-sodomy laws, which was overturned by Lawrennce.

    "In our own constitutional system the deficiencies in Bowers became even more apparent in the years following its announcement. The 25 States with laws prohibiting the relevant conduct referenced in the Bowers decision are reduced now to 13, of which 4 enforce their laws only against homosexual conduct. In those States where sodomy is still proscribed, whether for same-sex or heterosexual conduct, there is a pattern of non-enforcement with respect to consenting adults acting in private.... "

    Although this section is only part of the argument, it clearly is using changing societal values as a partial justification for the majority's opinion in Lawrence.
    Another stupid example. People having sex is consensual. Nobody is getting harmed by the so called "sodomy". In fact, preventing people from doing these consensual and harmless sexual acts is violating their rights. Overturning these antiquated laws that actually violate people's freedoms does nothing to harm or violate the rights of anybody else. It doesn't force people have sodomizing sex, doesn't have any effect what so ever on the people that want sodomy laws on place.

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    Quote Originally Posted by kmiller1610 View Post
    This thread is a perfect example of why substance doesn't sell. I am bumping it because of today's discussion with Cicero where he claimed that because the Bible is a book of fiction, it cannot be used as the basis for any legislation. This is the right place to explore this topic, so if anyone cares to join in, we can get away from whack-a-mole for a few minutes.

    Should societal norms, values and beliefs play a central role in our laws?
    It's amazing you think this thread has any substance. it's the same old tired crap argument that is refuted time and time again, every time its brought up. Especially in gay marriage. It's complete and utter bullshit in an attempt to make an argument where you really have none. There is no logical argument to prevent gays from gaining same legal rights as heterosexuals. ONly thing is bigotry, and that's not a logical argument

  9. #8
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    Quote Originally Posted by kmiller1610 View Post
    Rights versus Societal Norms
    You are mixing and matching a lot of apples and oranges. Taking someone else's money is theft. However, if one agrees to belong to a group and that group votes to have dues, that person should either pay the dues or leave the group.

    As for rights, we should look to the Constitution for guidance. Oliver Wendell Holmes offers some sage advice too:

    "The right to swing my fist ends where the other man's nose begins."
    Injustice anywhere is a threat to justice everywhere."
    Martin Luther King Jr.
    , Letter from Birmingham Jail, April 16, 1963

    "When rules are selectively administered, when bias influences who is punished and who is not then everyone will begin to doubt the justice of the system."

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  11. #9
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    Quote Originally Posted by Divine Wind View Post
    You are mixing and matching a lot of apples and oranges. Taking someone else's money is theft. However, if one agrees to belong to a group and that group votes to have dues, that person should either pay the dues or leave the group.
    Which means rights are subject to the decisions of others.

    Uh-huh.
    A mixed economy is a country in the process of disintegration, a civil war of pressure-groups looting and devouring one another. - Ayn Rand

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    Quote Originally Posted by Feslin View Post
    Which means rights are subject to the decisions of others.

    Uh-huh.
    According to those who wrote the constitution of the U.S. rights are an endowment from the creator.

    A lot of you people hate the idea of endowments by a central power, but it is the fact that the people who thought of having rights understood that those rights were part and parcel of having been made by the creator. There is no greater central government than that.

    So rights are not elucidated from a social norm, they are endowed to us as being inalienable by the hand of a superior being. (according to American mythology) So anyone that would remove these inalienable rights is your blood enemy.
    Last edited by Spooky; 21st January 2011 at 02:24 PM.
    "Perhaps the earth can teach us, as when everything seems dead in winter and
    later proves to be alive. " Pablo Neruda


    “It is difficult to get a man to understand something, when his salary depends upon his not understanding it.” Upton Sinclair

    "One does not sell the earth that people walk upon." John Trudell (after Crazy Horse)

    "This world we live in is but thickened light." - -- Ralph Waldo Emerson


 
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