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-   -   The proper role and scope of government (http://cellar.org/showthread.php?t=26074)

Happy Monkey 02-15-2012 08:57 PM

Quote:

Originally Posted by Happy Monkey (Post 795226)
I didn't make any argument that was particular to the gay, divorced, insurance issue.

Quote:

Originally Posted by TheMercenary (Post 795627)
Nor did I, that's the point.

Yes, I got "the point" that you werent talking about the gay, divorced, insurance issue. That's why I said my argument was equally relevant to the birth control issue.

If the First Amendment doesn't block a state from requiring employers to cover birth control, then it doesn't block the Federal Government from requiring employers to cover birth control.

And several states already require non-church employers, including Catholic-run hospitals and universities, to cover birth control, exactly as the proposed Federal rule will do.

TheMercenary 02-15-2012 08:59 PM

Quote:

Originally Posted by Happy Monkey (Post 795648)
Yes, I got "the point" that you werent talking about the gay, divorced, insurance issue. That's why I said my argument was equally relevant to the birth control issue.

If the First Amendment doesn't block a state from requiring employers to cover birth control, then it doesn't block the Federal Government from requiring employers to cover birth control.

And several states already require non-church employers, including Catholic-run hospitals and universities, to cover birth control, exactly as the proposed Federal rule will do.

Again you fail.

It is not about what the states regulate.

It is about what Obama wants to regulate to the states from the Federal pulpit.

Ibby 02-15-2012 09:15 PM

BUT THAT IS NOT A CONSTITUTIONAL ARGUMENT, MERC. You can be POLITICALLY against it, but you can't say ONE is CONSTITUTIONAL and the other is UNCONSTITUTIONAL. thats not how the first amendment WORKS, merc. Unless it's a tenth-amendment issue - in which case, the religious nature of an employer is irrelevant.

TheMercenary 02-15-2012 09:18 PM

Quote:

Originally Posted by Ibram (Post 795654)
BUT THAT IS NOT A CONSTITUTIONAL ARGUMENT, MERC. You can be POLITICALLY against it, but you can't say ONE is CONSTITUTIONAL and the other is UNCONSTITUTIONAL. thats not how the first amendment WORKS, merc. Unless it's a tenth-amendment issue - in which case, the religious nature of an employer is irrelevant.

Why are you shouting. I don't care.

You can't take what is a State's issue and apply it nationally.

Ibby 02-15-2012 09:24 PM

Quote:

Originally Posted by TheMercenary (Post 795655)
Why are you shouting. I don't care.

You can't take what is a State's issue and apply it nationally.

So you're saying that your opposition IS or ISNT about religious liberty?

Are you against it as a 10th amendment, states-rights issue, or a 1st amendment, freedom of religion issue?

Happy Monkey 02-15-2012 09:25 PM

Quote:

Originally Posted by TheMercenary (Post 795166)
... the issue of the Federal Government telling a religious organization what they can and cannot do, or in this case telling them what they must do are completely different. Why? Because that is what the Constitution says.

Where does the Constitution stop the Federal Government from "telling them what they must do"?

TheMercenary 02-15-2012 09:30 PM

Quote:

Originally Posted by Happy Monkey (Post 795658)
Where does the Constitution stop the Federal Government from "telling them what they must do"?

Post 226. The Constitution in it's current form states what the Federal Government cannot do.

What don't you understand about that? It really is not that difficult. You and Ibram are mixing what has happened at the state level and what is happening at the Federal level.

Ibby 02-15-2012 09:31 PM

Quote:

Originally Posted by TheMercenary (Post 795659)
Post 226. The Constitution in it's current form states what the Federal Government cannot do.

What don't you understand about that? It really is not that difficult. You and Ibram are mixing what has happened at the state level and what is happening at the Federal level.

So how is it legal for states to do it, but not for the fed, under the first amendment? the first amendment applies to states too under the 14th amendment.

TheMercenary 02-15-2012 09:36 PM

Quote:

Originally Posted by Ibram (Post 795660)
So how is it legal for states to do it, but not for the fed, under the first amendment? the first amendment applies to states too under the 14th amendment.

In many cases it is a "States Right" issue. You guys are on a merry-go-round. It is quickly becoming no longer important to me if you understand it or not. Believe whatever the hell you want to believe. You are not going to change my mind as to the facts of the Constitutional aspect of this issue and so far you have completely failed to put up a cogent argument which disputes my position. We don't have to agree. Let's see how the courts settle the issue as a final resolution. It is not important to me that you see it my way, really, I just don't care.

Happy Monkey 02-15-2012 11:12 PM

Quote:

Originally Posted by TheMercenary (Post 795659)
Post 226. The Constitution in it's current form states what the Federal Government cannot do.

What don't you understand about that? It really is not that difficult. You and Ibram are mixing what has happened at the state level and what is happening at the Federal level.

If you invoke the First Amendment, as you did in post 226, then you are incorrectly separating the state and Federal level. It applies equally to both.

Ibby 02-15-2012 11:15 PM

Quote:

Originally Posted by TheMercenary (Post 795661)
In many cases it is a "States Right" issue. You guys are on a merry-go-round. It is quickly becoming no longer important to me if you understand it or not. Believe whatever the hell you want to believe. You are not going to change my mind as to the facts of the Constitutional aspect of this issue and so far you have completely failed to put up a cogent argument which disputes my position. We don't have to agree. Let's see how the courts settle the issue as a final resolution. It is not important to me that you see it my way, really, I just don't care.

I know YOU don't care if I understand, but I -do- want to understand your argument. At this point, I only know that you think it's unconstitutional. But again, HOW is it unconstitutional? I feel like you FIRST were arguing it was unconstitutional on religious liberty grounds, in which case it does not matter if it's a state or the fed, with regards to constitutionality, and then you changed to a states-rights tenth amendment argument.

TheMercenary 02-16-2012 07:40 PM

Quote:

Originally Posted by Ibram (Post 795683)
I know YOU don't care if I understand, but I -do- want to understand your argument. At this point, I only know that you think it's unconstitutional. But again, HOW is it unconstitutional? I feel like you FIRST were arguing it was unconstitutional on religious liberty grounds, in which case it does not matter if it's a state or the fed, with regards to constitutionality, and then you changed to a states-rights tenth amendment argument.

No, you introduced the issue of States Rights issue by trying to compare it to same sex union court battles. Apples and Oranges.

TheMercenary 02-16-2012 07:42 PM

Quote:

Originally Posted by Happy Monkey (Post 795680)
If you invoke the First Amendment, as you did in post 226, then you are incorrectly separating the state and Federal level. It applies equally to both.

Ok, prove it. I never made such an argument about it applying equally to both. They are completely different. One is top down, the other bottom up. I would be glad to watch you show how they are the same. Please cite as you go.

Ibby 02-16-2012 08:26 PM

Quote:

Originally Posted by TheMercenary (Post 795918)
No, you introduced the issue of States Rights issue by trying to compare it to same sex union court battles. Apples and Oranges.

No, I didn't. I didn't compare it to court battles. I asked if in states where it IS legal, you think colleges or charities or hospitals should be able to deny spousal insurance coverage only to gay couples, but provide it to hetero couples? Or rather, I said that as far as I know they ARE required to provide benefits to ALL spouses (or none I suppose), and that they can't pick and choose, even if gay couples violate their beliefs.

I'm still talking ONLY about insurance coverage and ONLY about how it relates to religiously-affiliated institutions.

TheMercenary 02-16-2012 08:33 PM

Quote:

Originally Posted by Ibram (Post 795941)
No, I didn't. I didn't compare it to court battles. I asked if in states where it IS legal, you think colleges or charities or hospitals should be able to deny spousal insurance coverage only to gay couples, but provide it to hetero couples? Or rather, I said that as far as I know they ARE required to provide benefits to ALL spouses (or none I suppose), and that they can't pick and choose, even if gay couples violate their beliefs.

You are beating a dead horse. You specifically ID'd states where this was an issue that had been or is being challenged in various levels of courts. This issue is being challenged at a state level or at least regionally from the point of STATES in-acting laws which then have been challenged in court. This has nothing to do with what Obama did via the FEDERAL government from the top down. I just don't understand what you don't understand about the difference between those processes.

Quote:

I'm still talking ONLY about insurance coverage and ONLY about how it relates to religiously-affiliated institutions.
See above.... repeatedly.


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