# Texas again proves it is the asshole of the US

**URL:** <https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239>\
**Category:** The BBQ Pit\
**Created:** [June 30, 2017, 10:49pm UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239 "2017-06-30T22:49:58Z")\
**Posts on this page:** 20\
**Page:** 4

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**Author:** ![fervour](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@fervour](https://boards.straightdope.com/u/fervour)\
**Post date:** [July 2, 2017, 3:04pm UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/61 "2017-07-02T15:04:17Z")

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> [@running\_coach](#):
>
> You’re probably on his ignore list.
> 
> He’s not a COWARD, he’s just terrified of any hint of his worldview being challenged.

Well then the fucker shouldn’t respond to my posting. It’s only decent. Otherwise, let it be known that he IS A COWARD.

My edit:  
What do you think a coward is? If it is not someone terrified to have their opinion challenged?

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [July 2, 2017, 3:10pm UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/62 "2017-07-02T15:10:31Z")

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> [@fervour](#):
>
> Well then the fucker shouldn’t respond to my posting. It’s only decent. Otherwise, let it be known that he IS A COWARD.
> 
> My edit:  
> What do you think a coward is? If it is not someone terrified to have their opinion challenged?

Cowards back down in the face of danger. **Clothy** , like other snowflakes, avoid danger to begin with.

😉

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**Author:** ![Clothahump](https://avatars.discourse-cdn.com/v4/letter/c/51bf81/32.png) [@Clothahump](https://boards.straightdope.com/u/Clothahump)\
**Post date:** [July 2, 2017, 4:51pm UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/63 "2017-07-02T16:51:14Z")

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> [@fervour](#):
>
> Hey, **Clothahump** , tell me that I shouldn’t be able get health insurance through my husband’s policy. Tell me that my 21 year relationship doesn’t matter. Or tell me that I should be able to get health insurance through my relationship because of my legally officiated marriage.
> 
> Don’t ignore the challenge----otherwise your just a coward.

Calm down. Stop with the hysterics.

Did you bother to read the article at all? Did you read this part?

> [@](#):
>
> As part of a case challenging Houston’s benefits policy, the Supreme Court suggested a landmark ruling legalizing same-sex marriage does not fully address the right to marriage benefits.

They told the lower court to go back and do it right. That’s all. But no - you guys have to run around in circles and scream that the sky is falling and Texas is denying this and that and something else.

Jesus fucking Christ, I wish you libs would grow up.

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**Author:** ![fervour](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@fervour](https://boards.straightdope.com/u/fervour)\
**Post date:** [July 2, 2017, 11:16pm UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/64 "2017-07-02T23:16:29Z")

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> [@Clothahump](#):
>
> Calm down. Stop with the hysterics.
> 
> Did you bother to read the article at all? Did you read this part?
> 
> They told the lower court to go back and do it right. That’s all. But no - you guys have to run around in circles and scream that the sky is falling and Texas is denying this and that and something else.
> 
> Jesus fucking Christ, I wish you libs would grow up.

I wish you regressives would grow a spine. I asked you whether you thought I should be able to get health insurance through my husband’s work policy like straight married people.

Like the coward you are, you did not answer-----the courts will figure it out.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 3, 2017, 12:21am UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/65 "2017-07-03T00:21:08Z")

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> [@fervour](#):
>
> yeah, me too.

> [@Scumpup](#):
>
> What do you know about the Island of Sodor?

**fervour** , the reason **Scumpup** suggested I was a slavery apologist was that he and I have had a generally tongue-in-cheek debate for years about the children’s show “Thomas the Tank Engine,” and whether the Island of Sodor’s use of the trains as labor is slave labor.

It was not, in other words, a serious accusation for real-world issues. It was a joke.

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**Author:** ![Scumpup](https://avatars.discourse-cdn.com/v4/letter/s/ce73a5/32.png) [@Scumpup](https://boards.straightdope.com/u/Scumpup)\
**Post date:** [July 3, 2017, 12:26am UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/66 "2017-07-03T00:26:11Z")

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> [@Bricker](#):
>
> **fervour** , the reason **Scumpup** suggested I was a slavery apologist was that he and I have had a generally tongue-in-cheek debate for years about the children’s show “Thomas the Tank Engine,” and whether the Island of Sodor’s use of the trains as labor is slave labor.
> 
> It was not, in other words, a serious accusation for real-world issues. It was a joke.

Yes, it was. **Bricker** is, by and large, one of my favorite people on this board. He is no apologist for slavery. He is just duped by The Fat Controller.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 3, 2017, 12:32am UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/67 "2017-07-03T00:32:03Z")

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> [@AK84](#):
>
> Maybe you should bite your tongue and [read the judgement before](http://www.txcourts.gov/media/1438061/150688.pdf) making such pronouncements.
> 
> Basically.
> 
> 1. Texas has had a defence of marriage Act since 1970’s
> 2. After _Windsor_ the City of Houston began to pay benefits to same sex married couples.
> 3. As _Windsor_ only applied to the Federal DOMA, two people went to State Court to restrain the Mayor of Houston from doing so, claiming a violation of the Texan DOMA. They obtained a Temporary Stay of such payments until final decision of the Trial Court.
> 4. The Mayor appealed. While Appeal was pending, the Supreme Court of the US handed down the decision in _Obergefell_. As a result, the Court of Appeal dismissed the matter.
> 5. Texas State Supreme Court has  
> i) Sent the matter back to the Trial Court. Rightly. The only issue before the Appellate Court was the issue of the stay. The effect of _Obergefell_ if any, are to be decided on merits stage, which has not occured yet.  
> ii) Set aside the stay that the Trial Court had originally granted. This is important. The original injunction restraining same sex married couples from obtaining benefits has _not_ been restored, indeed the Court specifically sets it aside.
> 
> The headline in the article which prompted this thread is inaccurate. It’s a narrow decision on technical grounds.

The above is a good summary.

Did anyone read and understand it?

The trial court ordered the Mayor NOT to provide benefits to spouses in same-sex marriages, at least until there was a full trial. I assume most people here think that was BAD.

The Supreme Court of Texas ordered the lower court to NOT DO IT THAT WAY. I assume most people here think that was GOOD.

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**Author:** ![Little\_Pig](https://avatars.discourse-cdn.com/v4/letter/l/c57346/32.png) [@Little\_Pig](https://boards.straightdope.com/u/Little_Pig)\
**Post date:** [July 3, 2017, 2:59am UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/68 "2017-07-03T02:59:30Z")

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> [@Clothahump](#):
>
> Calm down. Stop with the hysterics.
> 
> Did you bother to read the article at all? Did you read this part?
> 
> Quote: “As part of a case challenging Houston’s benefits policy, the Supreme Court suggested a landmark ruling legalizing same-sex marriage does not fully address the right to marriage benefits.”
> 
> They told the lower court to go back and do it right. That’s all. But no - you guys have to run around in circles and scream that the sky is falling and Texas is denying this and that and something else.
> 
> Jesus fucking Christ, I wish you libs would grow up.

Agreed **Clothahump**. I can’t remember the source where I initially read this story but things weren’t too clear. It wasn’t until I reread the article and kept noodling around the page to where I was able to figure out just what was going on, i.e., telling a lower court to revisit the issue.

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**Author:** ![fervour](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@fervour](https://boards.straightdope.com/u/fervour)\
**Post date:** [July 3, 2017, 5:35am UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/69 "2017-07-03T05:35:04Z")

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> [@Bricker](#):
>
> The above is a good summary.
> 
> Did anyone read and understand it?
> 
> The trial court ordered the Mayor NOT to provide benefits to spouses in same-sex marriages, at least until there was a full trial. I assume most people here think that was BAD.
> 
> The Supreme Court of Texas ordered the lower court to NOT DO IT THAT WAY. I assume most people here think that was GOOD.

Yes I read it. Yes I understood it. Time passes.

It doesn’t speak well of the judicial system.

## Can you imagine what hell your life would be if programmers behaved the same way?

“Jay, the screen is showing the wrong interest rate. Can you fix it?”

“Yes.”

Bills sent out with the wrong interest rate.

“Jay, didn’t I ask you to fix the wrong interest rate?”

“No, you asked me to fix the wrong interest rate on the screen. I did”

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [July 3, 2017, 6:05am UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/70 "2017-07-03T06:05:00Z")

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> [@fervour](#):
>
> Yes I read it. Yes I understood it. Time passes.
> 
> It doesn’t speak well of the judicial system.
> 
> ## Can you imagine what hell your life would be if programmers behaved the same way?
> 
> “Jay, the screen is showing the wrong interest rate. Can you fix it?”
> 
> “Yes.”
> 
> Bills sent out with the wrong interest rate.
> 
> “Jay, didn’t I ask you to fix the wrong interest rate?”
> 
> “No, you asked me to fix the wrong interest rate on the screen. I did”

You have not understood it at all considering the analogy you used. It’s literally the opposite of what happened.  
The analogy is more like, people dispute what the actual interest rate is. Jay orders that they use the alternate rate.

People protest to management. Management says we’ll use use the original rate on the website until we decide what the rate should be and before sending out bills we will so decide.

Alternate rate supporters go to the regional HQ about the website, not the bills. While the matter is there the Regulator announces that alternate rate is the one to use. Regional HQ declares the matter moot.

Original rate supporters go to Corporate HQ. Who say that the website will display the Alternate now approved rates and the calculation of the bills should be done in line with the regulators last announcement.

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**Author:** ![fervour](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@fervour](https://boards.straightdope.com/u/fervour)\
**Post date:** [July 3, 2017, 6:15am UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/71 "2017-07-03T06:15:22Z")

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> [@AK84](#):
>
> You have not understood it at all considering the analogy you used. It’s literally the opposite of what happened.  
> The analogy is more like, people dispute what the actual interest rate is. Jay orders that they use the alternate rate.
> 
> People protest to management. Management says we’ll use use the original rate on the website until we decide what the rate should be and before sending out bills we will so decide.
> 
> Alternate rate supporters go to the regional HQ about the website, not the bills. While the matter is there the Regulator announces that alternate rate is the one to use. Regional HQ declares the matter moot.
> 
> Original rate supporters go to Corporate HQ. Who say that the website will display the Alternate now approved rates and the calculation of the bills should be done in line with the regulators last announcement.

I’m not going through your obfuscation.

The US Supreme Court ruled that same-sex marriage was valid.

The Texas Supreme Court ruled ----legal procedure.

The 14th amendment provides equal protection.

It really is that simple. -----yes, I know it’s not that simple. But it would be in any other profession.

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [July 3, 2017, 6:34am UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/72 "2017-07-03T06:34:26Z")

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> [@fervour](#):
>
> I’m not going through your obfuscation.
> 
> The US Supreme Court ruled that same-sex marriage was valid.
> 
> The Texas Supreme Court ruled ----legal procedure.
> 
> The 14th amendment provides equal protection.
> 
> It really is that simple. -----yes, I know it’s not that simple. But it would be in any other profession.

Obviously you are not going through that since you don’t have two brain cells to rub together. However for those that do.

All _Obergefell_ is precedent for is that same sex couples cannot be refused a marriage license while opposite sex couples are no so refused.

At least directly it is not a precedent for anything else.

There are other question. For instance. Do married same sex couples have the same right to get benefits as opposite sex ones. This was the question before the Trial Court in Texas _but_ \*not \*before the Texas Supreme Court, who have asked the Trial Court to decide the matter in line with new precedent.

As for the above question, I would say that while _Obergefell_ does not directly answer this question, it certainly lends great support to the proposition that yes, they do. Combined with other lines of SCOTUS precedent, the answer is almost certainly yes. That is the decision that the Trial Court is likely to come up with, a decision which the Texan Supreme Court would likely affirm.

Of course the above is not the only issue that might arise. For instance, do benefits have to be retroactively given? If so, from when? The date of the handing down of _Obergefell_? The date when the couple was validly married under that State’s law? The date when they were married under the law of some other juridiction? For instance, if Adam and Steve were married in Canada, 10 years ago and Steve has worked for the City of Houston since 2010, then when does the benefits kick in?

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**Author:** ![fervour](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@fervour](https://boards.straightdope.com/u/fervour)\
**Post date:** [July 3, 2017, 6:57am UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/73 "2017-07-03T06:57:24Z")

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> [@AK84](#):
>
> Obviously you are not going through that since you don’t have two brain cells to rub together. However for those that do.
> 
> All _Obergefell_ is precedent for is that same sex couples cannot be refused a marriage license while opposite sex couples are no so refused.
> 
> At least directly it is not a precedent for anything else.
> 
> There are other question. For instance. Do married same sex couples have the same right to get benefits as opposite sex ones. This was the question before the Trial Court in Texas _but_ \*not \*before the Texas Supreme Court, who have asked the Trial Court to decide the matter in line with new precedent.
> 
> As for the above question, I would say that while _Obergefell_ does not directly answer this question, it certainly lends great support to the proposition that yes, they do. Combined with other lines of SCOTUS precedent, the answer is almost certainly yes. That is the decision that the Trial Court is likely to come up with, a decision which the Texan Supreme Court would likely affirm.
> 
> Of course the above is not the only issue that might arise. For instance, do benefits have to be retroactively given? If so, from when? The date of the handing down of _Obergefell_? The date when the couple was validly married under that State’s law? The date when they were married under the law of some other juridiction? For instance, if Adam and Steve were married in Canada, 10 years ago and Steve has worked for the City of Houston since 2010, then when does the benefits kick in?

I KNOW you, AK84. You aren’t going to goad me to posting something stupid. You are up in the middle of the night because you are drunk. -------Didn’t think I’d notice the typos?

I hope your life turns out good. I hope you have no pain. I hope you end life thinking, “that was amazing!”

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<div class="post-metadata">

**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [July 3, 2017, 7:07am UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/74 "2017-07-03T07:07:31Z")

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It was 11:34 a.m where I am when I posted. Clearly we can add knowledge of timezones and the concept of global connectivity to the list of topics that elude you.

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**Author:** ![fervour](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@fervour](https://boards.straightdope.com/u/fervour)\
**Post date:** [July 3, 2017, 7:10am UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/75 "2017-07-03T07:10:01Z")

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> [@AK84](#):
>
> It was 11:34 a.m where I am when I posted. Clearly we can add knowledge of timezones and the concept of global connectivity to the list of topics that elude you.

I just feel sorry for you.

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<div class="post-metadata">

**Author:** ![fervour](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@fervour](https://boards.straightdope.com/u/fervour)\
**Post date:** [July 3, 2017, 7:20am UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/76 "2017-07-03T07:20:21Z")

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> [@fervour](#):
>
> I just feel sorry for you.

But I don’t feel it in a bad way. I really do want your life to be fine. When I read your texts it doesn’t feel fine. I feel ashamed to have this public conversation. What do you want?

Really, what do you want?----If it were my last day on earth, I would say, “That was FUCKING awesome.” I wish the same for you. I’ve had 21 years with the most kind? generous? awesome? person.

So, I’m not complaining. I do have back pain-----a very specific arthritis. Well, it can either be fixed—or medicated-----or I’m outta here. I’ve a Dr’s appointment Wednesday. What more can I say?

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<div class="post-metadata">

**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 3, 2017, 12:15pm UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/77 "2017-07-03T12:15:52Z")

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> [@fervour](#):
>
> I’m not going through your obfuscation.
> 
> The US Supreme Court ruled that same-sex marriage was valid.
> 
> The Texas Supreme Court ruled ----legal procedure.
> 
> The 14th amendment provides equal protection.
> 
> It really is that simple. -----yes, I know it’s not that simple. But it would be in any other profession.

What is your profession?

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<div class="post-metadata">

**Author:** ![Budget\_Player\_Cadet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/budget_player_cadet/32/205_2.png) [@Budget\_Player\_Cadet](https://boards.straightdope.com/u/Budget_Player_Cadet)\
**Post date:** [July 3, 2017, 1:30pm UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/78 "2017-07-03T13:30:58Z")

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**fervour** , the denial of equal rights to people makes me as angry as anyone, but you’re not speaking or acting rationally here. Take a while, come back when you’re less mad, and more willing to understand what’s going on and what the next steps to take are.

(And yes, I am a huge hypocrite. 😃 )

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [July 3, 2017, 2:05pm UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/79 "2017-07-03T14:05:15Z")

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> [@Bricker](#):
>
> What is your profession?

Trolling?

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<div class="post-metadata">

**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [July 3, 2017, 2:15pm UTC](https://boards.straightdope.com/t/texas-again-proves-it-is-the-asshole-of-the-us/790239/80 "2017-07-03T14:15:24Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Trolling?

I beileve the Romans called it “Stand up philosopher”. 😃

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