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#51
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DOMA doesn't permit or forbid states from allowing SSM. You might be able to deduce this from the fact that some states permit it and others allow it, all without running afoul of federal law. Some argue that the 14th Amendment's Equal Protection Clause prohibits exclusion of SSM, but DOMA doesn't enter that analysis. Recognition of marriage by states is a matter of state law, and state mini-DOMAs do affect that. Federal DOMA does not. But 'grats on not allowing misunderstanding to stand in the way of expressing an opinion on the matter even when corrected. Last edited by Kimmy_Gibbler; 04-17-2012 at 12:59 PM. |
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#52
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#53
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I'm a bit loathe to dip my oar in this water considering the food fight it's turned into, by I think the OP was terribly short-sighted.
Would a Republican counterpart to Boris Johnson also forbid the city from selling the adverts? The answer is absolutely. The appropriate comparison for the Mayor of London shouldn't be Rick Perry, who's name was thrown out earlier, but Mike Bloomberg, the Republican Mayor of New York. Similarly, Bloomberg's predecessor, Rudy Giuliani(also a Republican), who appeared in drag on several occasions, would also have banned the adverts. In fact, I doubt either of them would have allowed the adverts in the first place. |
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#54
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Wow, how did this thread go from homosexual hate-ads to poking holes in the House of Lords?
The Lords has problems but on the whole it has a good purpose to serve in the UK, and I don't believe any system of appointment (including inheritance) should be dismissed out of hand but considered in a neutral manner. I'm all for reforming the Lords, but I do not think election is the answer, either. |
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#55
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#56
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Forgive my ignorance, but what does dressing in drag have to do with homosexuality or one's opinion of it?
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#57
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To be fair to Boris, he didn't allow it 'in the first place' either. The ads never ran. I believe the advertising company selling the ad space raised the issue when they saw what was going to run, and Boris stepped in and put a stop on it. It would've been the first he would have heard about it. |
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#58
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I'd respectfully disagree. Giuliani, if anything, was more gay-friendly than Bloomberg, or, for that matter Barack Obama. For example Rudy has marched in a number of gay pride parades, Barack Obama, even when he was back in Chicago, never has. He was also, for a time as Mayor, while going through a rather messy divorce, living with two gay men. |
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#59
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I should have been more clear. He dressed up as a drag queen on a number of occasions, including pro-GLBT events to show solidarity with gays. |
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#60
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There are certainly alternatives, but they don't involve conserving archaic systems. One possibility would be having a proportional chamber and a regional chamber. Another would be to have people appointed in the short term based on demographic data, occupation, or random sampling, similar to jury service (to counter systemic bias: they'd still have access to the aides for specific legal advice - attendance is not compulsory in either chamber at the moment anyway). |
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#61
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I'm pretty sure you are wrong about that. He has dressed in drag a few times, including once at a New York political comedy event and once on Saturday Night Live, but I don't think any of them had anything to do with gay causes. Last edited by Marley23; 04-17-2012 at 03:24 PM. |
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#62
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I have a built-in flinch mechanism whenever someone says 'archaic'; it's a lazy term for something you consider distasteful, but age should not ever be considered a baseline to determine the merits of the system. Quote:
As for short-term appointment, you will get short-termist consideration of matters. One advantage of the present life term is that the appointees cease to be beholden to anyone for their position. Random sortition may have merits, but it would make the House unprofessional and erratic, and would lose out in procedural gaming to the Commons, and I can forsee the House picking fights with the Commons again. If it did, I can't see any accountability in that system either. My preferred solution would be a kind of filtered sortition, so that a fixed number of Lords are chosen by a statutory Appointments Commission, accountable to Parliament, to pick out the best of the best to sit in the House; the parties would be able to draw up a longlist of preferred candidates to be their appointees, but the Commission would be able to vet them for merit and if necessary reject them. |
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#63
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Last edited by gamerunknown; 04-17-2012 at 04:25 PM. |
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#64
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They are accountable to their fields of expertise, and without the ability to kill legislation dead, they have no need for accountability through election. The alternative, as I have pointed out, is competition and dispute between the Houses which will undermine the accountability we already have. Quote:
You're forgetting the fact that the Lords has only used its powers a few times times in the last 100 years - hardly a routine thing! It goes to show that by and large both Houses seek to reach agreement, rather than let a bill die. |
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#65
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I may be mistaken though. |
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#66
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At no point can the Lords block something in the face of the public's wishes. A government backed by popular support will always override the Lords, and would only ever decline to bank on that if it realizes the idea was stupid in the first place. |
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#67
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Everywhere, actually. Some dependent territories haven't legalised it yet, mind We just call it 'Civil Partnership'
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#68
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That's an advantage: they don't have to worry about reelection and vote according to their judgements and consciences. And it's difficult to abuse because the Lords is a revising house - the Parliament Act allows the Commons to overrule the Lords. The Lords are a reservoir of considerable experience; they've generally been significant players in public life before their elevations (yes, there are exceptions). They also tend to the elderly, so there's a considerable turnover in active peers.
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#69
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#71
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No they buy them like good little capitalists.
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#72
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You misunderstand me. I'm trying to argue that if you're happy with judges being 'unaccountable', then why the hand-wringing about the Lords?
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TL;DR - They don't need to be accountable in the mode that you insist upon. Again: direct election of upper houses worldwide is not widespread. Quote:
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This is the basis of the working relationship between most upper houses worldwide. I think this is more 'democratic' than the US system whereby two Houses with equal powers will create unaccountable compromises and/or kill genuinely popular proposals. |
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#73
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Certainly in the UK the appointed/unelected House of Lords is a much better mechanism for reflecting public will and concern precisely because they are not able to be ruthlessly whipped. There is much wrong with the system but I prefer it over any system designed to prevent governments doing anything and where members of both houses are constantly concerned with individually either raising huge amounts of money or trying not to offend powerful interests. Reform of the House of Lords is an ongoing project and one of the key issues is - if you make it elected then this is a fundamental change in the British Constitution, which is based on the primacy of the Commons. Meanwhile it remains a repository of knowledge and expertise not electorally beholden to the party line but not able to ultimately thwart the will of the Commons. Pragmatically it works pretty well. |
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#74
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To be fair, that's how the life peers get them too.
Step 1) Contribute a few million to the political party of your choice. Step 2) Receive a knighthood in the New Year's Honours List for "services to business". Step 3) Step 4) Incur the wrath of the tabloids and lose your knighthood again. |
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#75
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Edit: Appealing to the fact that Lords tend to be elderly is particularly short-sighted, since it is another vector for systemic bias due to their lack of representation of the demographics of society. Last edited by gamerunknown; 04-19-2012 at 07:14 AM. |
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#76
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Please, don't try to hide. Answer the point: do you think judges should be elected, to be consistent?
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The purpose is to support, not challenge, the elected Commons. I don't see why you can't grasp this. tagos (above) has also piped in, if you want to read his helpful post. Why do you insist the only form of democracy is yours? Once again: there are numerous ways that upper houses are formed worldwide. Quote:
I have no antipathy to representative democracy. I fully support and admire the elected House of Commons. It is my dedication to representative democracy that makes me oppose another elected House that would excesively frustrate its will. Quote:
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Think about this: the current government is looking into means to elect the upper house, and the starting points they have proposed is that they should have 15-year non-renewable terms. The general consensus is that this is no more accountable than the present system - doesn't it make you think that they see some added value in what the Lords provide? Go back to your high horse. |
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#77
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It really isn't, you know. You are misunderstanding the fallacy entirely. You might legitimately argue false equivalence but in demonstrating why it's a false equivalence you'd end up answering the point you were asked about.
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#78
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Last edited by gamerunknown; 04-19-2012 at 08:44 AM. |
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#79
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Can we take the stuff about the House of Lords to another thread? Please?
I think Ibn Warraq hit the nail on the head, to a point: if you're going to be fair about this, you have to compare Johnson to the mayors of New York, Los Angeles, San Francisco or Chicago. On the other hand, I'm not sure Ibn got it right when he said the mayor of New York would have done the same thing. Bloomberg apparently doesn't give a shit what goes on New York city buses, though maybe he has no direct authority over bus advertising. Unfortunately, you watch hockey and it's fucking cold, which ruins everything. |
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#80
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I accuse you of hiding behind technicalities and declining to justify your position.
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#81
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You are completely ignoring the substantive points of his posts and you appear to have no understanding at all of the different roles upper houses play in different forms of representative democracies.
The result is that what you think are telling points are irrelevant in the specific context of the British political system where the upper house is not a distinct legislative body but one subject to the will of the elected House of Commons which at the moment is the sole repository of electoral legitimacy. We are a parliamentary system that is explicitly not built as a system of checks and balances designed to keep a seperately elected and independent Executive in check. That is the role of the House of Commons. All the house of Lords can do is scrutinise and propose amendments to legislation put to it by The Commons. It cannot block finance bills or bills related to the manifesto of the government. Even if it refuses to pass a bill it can, has been and will be over-ridden by the Commons. In practice it rarely ever comes to this as The Lords is aware of its role and the consequences that would follow. The least of which would be the thwarted government appointing however many hundreds of new peers out of thin air it needed to get its way. I prefer our system to the US one one where politicians on a permanent election footing pander to rich and powerful special interests. |
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#82
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The ECHR does. Well, the latter, anyway.
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#83
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True, and it doesn't seem all that popular
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#84
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It can, just as our own Supreme Court can, require changes in a law to comply with its rulings in its specific field. The enforcement of the decision lies with European Ministers.
It hasn't the same wide-ranging power and remit as the US Supreme Court though. |
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#85
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I was never under the misapprehension that both chambers could propose bills. I just don't think an unelected chamber should have power of scrutiny over bills. The fact that they cannot propose legislation is essentially insubstantial. Arguing that they do not "rule" just divorced them even further from the democratic process. The Supreme Court does not really have legislative power. They have the power of judicial oversight, determining whether specific acts (and their implications or methods through which they are enacted) are in concordance with the Constitution based on test cases. They don't convene to discuss acts independent of such cases, nor do they communicate explicitly with the legislature. I've discussed issues with their appointment in another thread. Compare that to the UK, where there is no entrenched Constitution to refer to and the upper echelons of the judiciary sat in the House of Lords until reforms introduced by the previous government. |
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#86
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#87
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Moderating
You're not allowed to accuse other people of trolling in this forum, and you made a couple of other inappropriate personal comments as well. Don't do it again. And both of you should take this British parliamentary discussion to another thread. I let it go for a while here, but it's a distraction and I don't want to see it clog this thread up any further.
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#88
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#89
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*Witness the spectacular downfall of more than one Teahadist in NYS in the 2010 election. |
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#90
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Are Repub's in New York for SSM or for a SSM ballot measure? At least California has put it to the voters rather than deem it so by the courts. (or court jesters)
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#91
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Same-sex marriage became legal here about a year ago as the result of a change in the law. Some Republicans in the state legislature did support it, and the measure would have failed in the assembly if they hadn't.
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#92
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they don't have free speech in the UK.
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#93
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But that's okay, because we don't have cake in America.
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#94
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Reminds me of a joke. What do you call a Democrat in the UK? A conservative. What do you call a Republican in the UK? A lunatic.
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#95
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I'm fairly sure that Boris doesn't have the power to ban this sort of thing from all venues inside the M25, but TfL and the Mayor's office do have responsibility for public transport and this was bus-side advertising. Free speech doesn't mean a guaranteed platform to speak from, no matter what country you're in. |
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#96
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We may not have a bill of rights but the restrictions on free speech in the UK (libel, obscenity, national security, shouting fire in a theatre etc) are little different in practice to the US.
The only real practical difference is that we have explicit rules on hate speech. And as I said upthread, while I can imagine ads like this running in the US, if you were to invert it to "we will turn you gay" I'm sure it would not be permitted on whatever grounds (e.g. obscenity). Last edited by Mijin; 04-25-2012 at 04:58 AM. |
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#97
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