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Obama Admin. Calls on Supreme Court to Strike Down Defense of Marriage Act Defining Marriage As Between a Man and Woman

Feb. 22, 2013 9:20pm Madeleine Morgenstern

The Obama administration on Friday formally urged the Supreme Court to strike down the federal Defense of Marriage Act defining marriage as between a man and a woman.

In a brief filed Friday evening, Solicitor General Donald Verrilli argued that DOMA’s section three, which bars married same-sex couples from filing joint federal tax returns and other federal spousal benefits, is unconstitutional:

Section 3 of DOMA violates the fundamental constitutional guarantee of equal protection. The law denies to tens of thousands of same-sex couples who are legally married under state law an array of important federal benefits that are available to legally married opposite-sex couples. Because this discrimination cannot be justified as substantially furthering any important governmental interest, Section 3 is unconstitutional.

The Supreme Court is scheduled to hear arguments in United States v. Windsor on March 27. At issue is whether the law violates the Fifth Amendment guarantee of equal protection for legally married same-sex couples. The case surrounds Edith Windsor, who was forced to pay a federal estate tax of $363,053 upon the death of her wife, while heterosexual spouses are generally able to inherit estates tax-free.

The Obama administration’s brief comes almost exactly a year after Obama instructed the Justice Department to no longer defend DOMA’s constitutionality.

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Comments (342)

drrgb
Posted on February 24, 2013 at 11:54pm
Obama is intent on destroying everything that made America great including the will of the people and English language definitions. Hating America is a hate crime among his many others.

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jstan442
Posted on February 24, 2013 at 8:10pm
@harypotter sorry you are gay–it must be terrible for you–but it is the choice you made—i don’t think you believe in God-at least not the God of the Bible–for He calls it an abomination–the sex act is not you per se—if He calls it sinful i will stand with Him–no matter how you stamp your feet and want to get your own way—God does not make mistakes and He is not the God of chaos–He would not make people gay and then call it a sin–that would be schizoid–may God help you to see the Truth

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Nanaswords
Posted on February 24, 2013 at 7:29pm
This admin. just adding more “Bowls of Rath” to be placed on this country !!! Pain-in-Travail times !

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oldpup
Posted on February 24, 2013 at 6:36pm
Gee!! I do believe we have solved many of the world’s problems. Provide all the Arab nations with good quality and deadly arms, then allow gay unions only, we should be at zero population growth in a couple of years. Then in about 50 year or so, the human race would be extinct. At that point in time all the liberals will be happy and all our problems would be solved,RIGHT!!!! The only problem that I see is WE are not in charge of this insane world. Very shortly, sanity will be restored. Some fopks on here will the general idea.

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woodcellar
Posted on February 24, 2013 at 5:52pm
Gay marriage has always been about money. welfare, taxes, taxes deductions, etc. Everything else is a smoke screen. Marriage law was written for the protection of wives and children as in child support. Long time wives being left penniless when the husband leaves. Marriage before god is about something else. If you can’t under stand what I mean by that, explaining it to you will do no good.

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Salamander
Posted on February 24, 2013 at 4:04pm
This is REALLY COOL! Obama asking the SUPREME COURT to OVERRULE THE BIBLE! Go for it! GOD must be up there laughing his ass off, while THE Devil is licking his chops!

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Buddyholly
Posted on February 24, 2013 at 3:57pm
Sounds to me like the Pres has a boyfriend. Maybe Sharpton

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bigkahuna1953
Posted on February 24, 2013 at 3:26pm
This “moveon” blogger named harrypotter is after the goodies provided by Obama. It’s no secret that those who voted for the person who occupies the White House, I just can’t call him the president, are after their own self interests instead of what’s good for the country. May I ask who will pay for all these freebies that Santa Obama is handing out when more people are on the dole than are working? It doesn’t and hasn’t worked in Communist/Socialist countries so why would it work here? Getting off subject, the main reason homosexual marriage shouldn’t be legal is…wait for it…”GOD”! Those like harrypotter are the types who join a group just to change it and power is the reason. Check out the Bible and don’t try to change the true meaning of the word of God to suit your needs.

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- HarryPotter
  Posted on February 24, 2013 at 5:00pm
  Actually, I didn’t vote for Obama, and God never said anything about gay people getting married.
  
  Report this comment
Jimizrite
Posted on February 24, 2013 at 1:47pm
Harrypotter … you said “anyone who really understands the Bible will recognize that the message of the Bible is love and acceptance” …. noooooooo, actually the message of the Bible is the way to eternal salvation … The old Testiment is a history of Gods chosen people where He gave us “commands” (Ten Commandments) to follow for salvation .. but when we didn’t follow those Commandments He loved us so much that He gave us another way … Since the punishment for disobeying Him is eternal death (separation from God for eternity) He came to earth in Human form (Jesus) and gave Himself as a sacrifice to atone for our sins … As He was crucified He took the sins of the world upon Himself and gave us another way out by accepting Him as personal Savior and Lord … Have you done that Harry?

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groundzero
Posted on February 24, 2013 at 1:21pm
SHOW UP! Get UR churches involve & post this http://downloads.frc.org/EF/EF13B69.pdf
One Wedding March Washington, DC (Supreme Court Building) March 26, 2013

Stop typing, stop talking GET TO THE RALLY & defend traditional marriage

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believeroftruth
Posted on February 24, 2013 at 11:56am
Because that when they knew God, they glorified Him not as God, neither were thankful, but became vain in their imaginations, and their foolish heart was darkened. And they changed the glory of the uncorruptible God into an image made like to corruptible man. Wherefore God also gave them up to uncleanness through the lusts of their own hearts, to dishonor their own bodies between themselves; who changed the truth of God into a lie. For this cause God gave them up unto vile affections, for even the women did change the natural use into that which is against nature, And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another ,men working with men that which is unseemly and receiving in themselves that recompence oftheir error which was meet. And even as they did not like to retain God in their knowledge, God gave them over to a reprobate mind to do those things which are not convenient, being filled with all unrighteousness, fornication, wickedness, coveteousness, maliciousness, full of envy,murder, debate, deceit, mailgnity, whisperers, backbiters, haters of God, despiteful, proud, boasters, inventors of evil things, disobedient to parents, without understanding, covenantbreakers, without natural affection, implacable, unmerciful.
Who knowing the judgement of God, that they which commit such things are worthy of death, not only do the same, but have pleasure in them that do them. Romans 1:21-32.

More does not need to be said.

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- Totally Domestic
  Posted on February 24, 2013 at 8:15pm
  God has weighed in on the issue. Thanks for posting his word on the subject!
  
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Tracy F
Posted on February 24, 2013 at 10:59am
It is this Administrations policy to keep the public reeling; it is also how they make you look somewhere else while they get busy nailing the coffin on other big policies. Right when things start heating up over gun control the WH proposes a ban on the DOMA! They purposefully keep hitting our raw emotions to keep the peeps agitated and divided. They divert our attention from one divisive topic to another and many people can’t keep up and become indifferent – that is part of the plan.

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- Salamander
  Posted on February 24, 2013 at 4:09pm
  Huh? DECOY!
  
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EL-LOBO
Posted on February 24, 2013 at 10:06am
People keep saying that homosexuals should have the same rights as hetrosexuals in marriage.
But what they dont understand is, they allready do. They are given the same rights as any man and women in this country. They are allowed to marry anyone of their choice, of the opposite sex. Anything other than that would not be the same rights. What they want is new rights afforded them, just as, soon people who want to marry their pets, or farm animals, or brothers and sisters will follow in the battle for the same rights!! Its the definition of marriage they want changed! Then they can go down the slippery slope of immorallity in many ways.! This is just the start!

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Lesbian Packing Hollow Points
Posted on February 24, 2013 at 8:42am
One of the precious, precious few things that the Obama administration does that I actually agree with.

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mgh999
Posted on February 24, 2013 at 8:33am
Unfortunately the issue isn’t gay marriage. It is all the over reaching Federal laws created around marriage.

For example. Social Security. A nice idea, but show me in the US Constitution where the Federal Government has the power to enact Social Security. Estate Taxes. Why should the Fed get to tax earned money twice?

And the list goes on. If it weren’t for the financial benefits – tied to tax structure and entitlement programs this would be clearly a 10th Amendment issue and left to the States.

I could care less regarding whom people chose to partner with.

What disturbs me is this an example of activism in action. It would be really boring to be a SCOTUS Justice if all you did was dispassionately interpret the Constitution based on the text and intent of the founding fathers.

I also can’t tell what our POTUS is doing. The country faces a significant financial and economic crisis. I don’t know if the POTUS has ADD, is purposely trying to distract the country, or just doesn’t know what he’s doing.

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- Salamander
  Posted on February 24, 2013 at 4:06pm
  Maybe, just maybe, OUR WHOLE TAX SYSTEM IS GOING TO COLLAPSE OVER THIS!
  
  Report this comment
muddpuddle
Posted on February 24, 2013 at 8:01am
To HarryPotter….. If the ingredients aren’t the same, then the product of those ingredients is not the same. Therefore….. A **** couple is not the same as a genuine male/female couple. Cannot be….. Will never be…. Any attempts to make them equal is ******* in the wind. So. Enjoy that spray in your face.

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SteveShelton
Posted on February 24, 2013 at 6:39am
“So the final conclusion would surely be that whereas other civilizations have been brought down by attacks of barbarians from without, ours had the unique distinction of training its own destroyers at its own educational institutions, and then providing them with facilities for propagating their destructive ideology far and wide, all at the public expense. Thus did Western Man decide to abolish himself, creating his own boredom out of his own affluence, his own vulnerability out of his own strength, his own impotence out of his own erotomania, himself blowing the trumpet that brought the walls of his own city tumbling down, and having convinced himself that he was too numerous, labored with pill and scalpel and syringe to make himself fewer. Until at last, having educated himself into imbecility, and polluted and drugged himself into stupefaction, he keeled over–a weary, battered old brontosaurus–and became extinct.”
― Malcolm Muggeridge,
Emphasis on “Erotomania”.

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Goldi-lox
Posted on February 24, 2013 at 5:27am
Another (possibly FINAL?) death-blow to America if this thing goes through.

And if you think Social Security and Medicare are in trouble now, just wait till all those “GAY SPOUSES” file for benefits!!
–Not to mention the obscenity/horror of “GAY ADOPTION.”

These Liberals are hellbent on destroying America, and their timetable seems to have speeded up considerably. Why aren’t “Conservatives” and “Christians” more VOCAL and OUTRAGED at what’s going on in America?

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Totally Domestic
Posted on February 24, 2013 at 3:18am
Does anyone know where Reggie Love was Sept 11, 2012,night of Benghazi attack? Anyone checked W.H. Logs?

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bennyboy1978
Posted on February 24, 2013 at 2:42am
Sounds to me that Harrypotter doesn’t understand the consequences of his actions either.

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- HarryPotter
  Posted on February 24, 2013 at 2:52am
  What actions and what consequences?
  
  Report this comment
- bennyboy1978
  Posted on February 24, 2013 at 3:04am
  Actions: Sexual Deviance. Consequeces: Too many to list here.
  
  Report this comment
- bennyboy1978
  Posted on February 24, 2013 at 3:48am
  I just wanted to apologize for the HARRYBALLSPOTTER. You kind of set yourself up for that one. And come to think of it you probably shave it anyways so it wouldn’t be an accurate description. I will cease its use immediately.
  
  Report this comment
jvrat
Posted on February 24, 2013 at 2:05am
No way can gay people marry! Our constitution justly had that garbage in thought even then!!!!!!!!

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bennyboy1978
Posted on February 24, 2013 at 2:04am
I have one more thought. This one for HARRYBALLSPOTTER as well. You are a selfish individual. You let the rest of society do the work of procreation for you while you live your live outside of nature. What a wonder world we live in. You can have sex to your hearts content and gratify your every desire while the rest of society has to keep things going. If everyone was gay, humankind would cease to exist. There is no continuation of the species in a gay society. If nature had anticipated homosexuality I would suspect that she wouldn’t have bothered creating us to begin with. It is a choice and one based entirely on sexual feelings. “My penis gets hard when I look at a man and well not a woman so I must be gay.” Nonsense. You said that it isn’t a choice. Well from personal experience I know that to be a lie. Sorry to get personal here everyone. I had been confused myself when I was young. I “almost” misinterpreted my feelings of natural affection for sexual arousal for other male figures in my life. You are a fool if you believe that heterosexual men can’t just start fantasizing about other men and not be aroused sexually if they so choose. I can. However, I choose to live my life naturally and put those thoughts out of my mind. I choose to be attracted to my female spouse. It is a choice. Nature testifies of this truth. And BTW isn’t it amazing that you indeed can choose. You can choose to live as a heterosexual. You choose not to.

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- HarryPotter
  Posted on February 24, 2013 at 2:29am
  Wow, I love the hatred and the ignorance put together.
  
  Sure, young men just entering puberty will be aroused by nearly anything. I think that everyone has some homoerotic thoughts at some point. But if your attraction to your own gender is constant, and your attraction to the opposite gender is not, you are gay. The problem is that too many people feel that being gay is somehow “wrong.” They may hear friends and family talk badly about gays, or they may have their own misconception in their mind. Far too many young gay people will try to repress their homosexuality, and try to convince themselves that they can change. They think that they can hide it. They don’t want to be gay, and they think that if they try real hard and focus the other way, they can be “normal.” This is why you end up seeing 30, 40, 50 year-olds who are married with children suddenly coming out. They have been holding back so long, but the feelings never go away. They live a life of unhappiness and unfulfillment until a mid-life crisis, or until they reach a breaking point. I personally know 2 men who have been married and are now out and a part of the gay community. They say they are much happier now than they ever were while married. I don’t know if you are one of these kinds of men who is trying to repress and hide who you are, but if this is you, I urge you to do some soul-searching and inflection about who and what you are, and what will make you happy.
  
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- HarryPotter
  Posted on February 24, 2013 at 2:36am
  Continued:
  You also said I was being selfish for not being straight and making babies with women. I disagree. I think it is straight couples who are selfish. The world is quickly becoming overpopulated, 7 billion and counting. There are millions of children who are diseased and starving, and you go and pop out another baby just so it has your eyes. Gay couples will adopt the children that are unwanted, or have no parents. Besides, gay couples can have genetic children anyway, through sperm donors and surrogate mothers. And if everyone in the whole world was gay, the world would not end. We would still produce children. Sex is no longer needed for procreation. If you want to run that argument, if everyone on earth was a woman, there would be no more children, the world would end. Does this make women unnatural, or an abomination?
  
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- bennyboy1978
  Posted on February 24, 2013 at 2:54am
  It is called pornography. Men who are married suddently coming out. Pornography can twist any mind. You imply that half the world is gay but hinding it. You really are twisted. The world is not overpopluated as you would suggest it is because of evil and wickedness that there it may seem overpopulated. There are plenty of resources to double the size of people living on this planet. You are indeed selfish. You only care about you. You are wrong that men and women can have a natural family. They can not. It is a poor attempt to imitate what only a man and woman can have together. You selfish humanbeing. You would rob a child the right to be raised by a father and mother to suit your selfish desires. WOW. Who is the one full of hate now. You hate yourself. Don’t try to hide it. You hate yourself and only have this blog as a means to try and convince yourself that you don’t despise your own humanity. Only God can help you see the truth. And please don’t try to tell me that he has shown you that you are Gay which you probably will. I will save you the trouble. Satan has you and owns you. Good luck with that.
  
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- bennyboy1978
  Posted on February 24, 2013 at 3:12am
  You also implied that a gay society can survive due to taking sperm from others and implanting them into someone else via modern medicine. Lol. So you are saying that homosexuality only became natural due to modern advances in medicine. But I thought that homosexuality was natural from the beginning according to the professor Harrypotter. You have got to be kidding me. This is too funny. Next you will be telling us that we will all become unisex when the next modern medical miracle is unveiled. I don’t think you will like that because sexual orientation will become a thing of the past. No more penis into anus as you so “naturally” described it. Yeah you won’t like that at all.
  
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- HarryPotter
  Posted on February 24, 2013 at 3:16am
  Benny:
  
  Thanks for the laugh. You are so blind and so determinedly ignorant, that it is astounding. First of all, my comment about overpopulation was an ironic argument to match the one you made about gays being selfish by having no children. But the world does not have enough resources to support billions more people. We cannot even feed all the ones who are already here. Look at Africa! Millions starving every day, going without basic needs.
  
  Why can 2 men or 2 women not have a healthy family? You keep saying that this is not possible, or a poor imitation, but you do not say why. And shouldn’t the problem be parents who divorce, and leave the child with only one parent? Shouldn’t the problem be unwed pregnancies? And if pornography is what made those men gay, why were they looking at gay porn in the first place, and not girls?
  
  And if you think it is the devil who is telling me I am gay, why couldn’t it be the devil telling you that you aren’t gay?
  
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- HarryPotter
  Posted on February 24, 2013 at 3:21am
  And I think you misinterpreted my last comment. I said that children could be produced through sperm donors and surrogate mothers. I never said anything about the sexual orientation of the children. Homosexuality has been around since the dawn of humanity, every era, every society.
  
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- bennyboy1978
  Posted on February 24, 2013 at 3:44am
  Well that proves my point. You have commented the most of everyone on this article. You are the one unsure of where you stand. And what is even more humorous is that you actually think I read all your comments. LMAO. Maybe a sentence or 2 until I realize something. You keep saying the same things over and over and over again. You want me to take you to school for some facts well here they are. FACT: Male DNA + Male DNA does not produce a viable genetic code to produce a life. Here is further analysis for you enlightenment. Egg + Sperm = life. Sperm + Sperm = death. No Gay man has or ever will be able to produce an Egg. Likewise no gay woman has or ever will produce a Sperm. What don’t you understand about this? Basic sex ED! Anything you pretend to be natural can not have occurred unnaturally. So as I said before you and those following the same path can not and will never be able to procreate in a same sex union between the same sex partners. You will never share in the creation of life as in I give this part of me and you give that part of you and life is created. You have to rely on a 3rd party of the opposite sex. You have to engage in the natural to propagate. So who is not being true to themselves. That would be you my friend. If you were true to yourself you would be accepting of the fact that you will never produce a life with your partner. Not going to happen. Period. Accept it. Be true to yourself and don’t pretend to be something you aren
  
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- HarryPotter
  Posted on February 24, 2013 at 4:07am
  Benny:
  I think I have enjoyed conversations with you more than anyone else on here. No one makes me laugh more.
  
  But first off, if I have commented more than anyone else on here, and I keep saying the same thing, how am I the one confused? It sounds like I am the one who is sure of himself. And for the record, I have to keep repeating myself because people on here keep making the same stupid arguments, and I have to show why they are wrong over and over.
  
  But you are right, you need an egg and a sperm to create life. And no matter how many times I have sex with my boyfriend, we will never produce a child. But what is this supposed to prove? I have already told you that sex is not required to make children. I can certainly help create a child. I donate sperm, a friend donates an egg, presto! A baby!
  
  I do find it funny when you tell me to accept myself. I am a gay man. I think I can accept myself more than anyone else on this site.
  
  Anyway, as fun as this has been, I am tired and going to bed. Perhaps I will see more of your circular and illogical comments in the morning. May I just make one last point: Even though I keep repeating myself, no one on here, including you, has been able to refute even one of my points. Bottom line, gays are just as normal as straight people, and no backwards beliefs you have can change that.
  
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jvrat
Posted on February 24, 2013 at 2:01am
Wasted time on this clear law. Even time doesn’t change regard or even attitude of it’s case that Marriage is between a man and a woman. They fought for everything and yet today weak -sub minded- deviates exist. The law then was put fourth in behalf of family and not giving the same status to those then proposed or choosing not to to procreate. What To argue? As if Queers happened yesterday.

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bennyboy1978
Posted on February 24, 2013 at 1:39am
HarryPotter
You do have equal rights under the law. There is nothing in the law that says you can’t marry someone of the opposite sex just because you are attracted to the same sex. You have that right. So stop complaining. You have choosen to have sex with the same sex and not enter into a union for the purpose of procreation. That indeed is your choice. Marriage is between a man and a woman and all the benefits were originally intended for those who would start a family. Natural families consist of a mother, father and children. This is the natural order. Just because science can take someones sperm and fertilize an egg does not make same sex partisanships natural. It shall never be natural unless we all evolve and become unisex creatures like those aliens from that star trek episode where they were all unisex. Maybe your star trek fantasies will become reality someday but today is not the day. You have made your choice now live with it and stop trying to change the law because you have chosen not to participate in the laws we do have. Those laws do provide equal protection for everyone who wants to start a family. Gay, Straight, white, black can all enter the union of marriage. If you don’t like it too bad.

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- HarryPotter
  Posted on February 24, 2013 at 2:11am
  Benny:
  You seem to be implying that I chose to be gay. Please tell me you are not that ignorant. No one is able to choose their sexual orientation, the only thing I chose was to accept myself for who I am and be with the person who will make me happy. And YOUR definition of marriage may be a man and a woman, but that does not mean everyone feels that way. Maybe I think that marriage should only be between same-sex couples, so should we deny straight couples the right to marry?
  
  2 men can have a family and raise children together. 2 women can have a family and raise children together. This is no different from straight couples. You seem to be arguing for marriage between a man and a woman only because it has always been that way, and because your religion says that’s the way it should be. Neither one of those has any legal precedent, and I could tell you in detail why both of those ideas is wrong anyway. If you really think that marriage is equal now, let’s switch it around. Only let same-sex couples marry. Then gays will not be complaining, and everyone will have the same right and opportunity to get married.
  
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- bennyboy1978
  Posted on February 24, 2013 at 2:47am
  You are one twisted guy/gal. And where is the hatred. You choose to be gay plain and simple. And yes I could choose to have a gay relationship but I won’t and shouldn’t. Please stop trying to convince everyone that you lifestyle choice isn’t a choice.
  
  Report this comment
- HarryPotter
  Posted on February 24, 2013 at 2:50am
  I choose to accept myself for who I am, and I choose the person to be with. I never chose my sexual orientation. And I think that even most of the people on this site realize that as well. You can’t choose your sexual orientation any more than you can choose your eye color or how tall you are.
  
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- bennyboy1978
  Posted on February 24, 2013 at 3:03am
  Please stop pushing the lie that you are born gay. If you have a Penis you are a man. If you have a ****** you are a woman. You choose with you mind to lust after man or woman. Your body doesn’t control you….well maybe in your case it does. Like I said before. Men of any age can choose to be aroused by whatever image they want. It is a choice. I know this for a fact and you are simply lying. You know it is true but deny it. You would not be in this debate so heavily on this blog if you weren’t. The mere fact that you are engaging so heavily in this attempt to prove your point is that you haven’t proven it to yourself. “If I keep saying it maybe it will become true” Okay Pinoccio. I have an idea. Why don’t you just stop blogging on the blaze and proove to everyone that you truely don’t have anything to prove.
  
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- HarryPotter
  Posted on February 24, 2013 at 3:18am
  You really believe that you can choose what to be aroused by?????????
  
  And I can accept myself, I really don’t have anything to prove. Frankly, I am more interested in you…..
  
  Report this comment
NRA4LIFE
Posted on February 24, 2013 at 12:52am
hey harry and other gays.. just so you know… you do have the same legal right to marry.. no one is telling you that you cant marry… you have the right to marry just as much as any hetro couple… what i find comical about this is w/ 17 trillion in debt and a president that has destroyed this countries wealth and prosperity for the next generation .. that we are even discussing this.. i am sick of liberals telling me what/how i should believe and support..if you want to marry so bad then find a lesbian couple you can then marry each others partners, live in two bedroom apt and have a swingers party every nite.. if that seems to complicated for you then just set up an arch in your backyard find some judge (just look in any liberal state) and get married. quit whinning about it, suck up and be a man.. no pun intended, try wearing the pants in the relationship for once not just the dress.

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- HarryPotter
  Posted on February 24, 2013 at 1:57am
  How about instead we only allow same-sex couples to marry? Then straight men can just marry their straight buds, and have swinger parties every weekend!
  
  Doesn’t really sound right when the argument is turned around on you, does it?
  
  Report this comment

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