Victory for Poland's gays' rights before the ECHR!

Started by Martinus, March 02, 2010, 08:43:22 AM

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Neil

Quote from: Alexandru H. on March 03, 2010, 04:14:20 AM
Just for having sex with someone I get to inherit her things? Wow, where's the line... I want to get them first...
Poland still gets to interpret a 'marriage-like relationship'.  That should invalidate the decision for most gays.
I do not hate you, nor do I love you, but you are made out of atoms which I can use for something else.

garbon

"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

Martinus

The trolls are coming out of the woodwork, I see.

Razgovory

Quote from: Martinus on March 03, 2010, 10:41:12 AM
The trolls are coming out of the woodwork, I see.

No, they have a point.  The way the way you have explained it two heterosexual people who are roomates would be considered in a marriage like situation.
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

Martinus

Well, if two heterosexual roommates who have sex with each other, run a common household (e.g share costs) and this is over an extended period of time, this is a "marriage-like relationship" (well, maybe except the "having sex" part poom poom :P).

Razgovory

Quote from: Martinus on March 03, 2010, 11:34:40 AM
Well, if two heterosexual roommates who have sex with each other, run a common household (e.g share costs) and this is over an extended period of time, this is a "marriage-like relationship" (well, maybe except the "having sex" part poom poom :P).

Yeah, and if they don't have sex with each other but just live with one another for economic necessity it would be really awkward if they suddenly find the law considers them married.
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

ulmont

Quote from: Alexandru H. on March 03, 2010, 04:14:20 AM
That's a moronic decision. What the hell does a "marriage-like 'factual' relationship" mean in a country where same-sex marriages are not recognized by law? Is it enough I'm your roomate, that we have only one bed? Or the turning point is that we have sex with one another, therefore we are in a relationship that resembles marriage? WHEN DID SEX BECAME THE SYNONYM OF MARRIAGE?

No and no. The ECHR decision pointed out that a de facto marriage was one with "emotional, physical and also economic bonds between the partners."

This is not very different from the old common-law marriage idea, which generally required "(1) the present intent and agreement to be married; (2) continuous cohabitation; and (3) public declaration that the parties are husband and wife."

So if you're living with your roommate and calling him your husband in public, and he agrees to the marriage, yay.

Martinus

Quote from: ulmont on March 03, 2010, 11:46:33 AM
Quote from: Alexandru H. on March 03, 2010, 04:14:20 AM
That's a moronic decision. What the hell does a "marriage-like 'factual' relationship" mean in a country where same-sex marriages are not recognized by law? Is it enough I'm your roomate, that we have only one bed? Or the turning point is that we have sex with one another, therefore we are in a relationship that resembles marriage? WHEN DID SEX BECAME THE SYNONYM OF MARRIAGE?

No and no. The ECHR decision pointed out that a de facto marriage was one with "emotional, physical and also economic bonds between the partners."

This is not very different from the old common-law marriage idea, which generally required "(1) the present intent and agreement to be married; (2) continuous cohabitation; and (3) public declaration that the parties are husband and wife."

So if you're living with your roommate and calling him your husband in public, and he agrees to the marriage, yay.

The public element is not required in the ECHR ruling, for obvious reasons.

Alexandru H.

Quote from: ulmont on March 03, 2010, 11:46:33 AM
Quote from: Alexandru H. on March 03, 2010, 04:14:20 AM
That's a moronic decision. What the hell does a "marriage-like 'factual' relationship" mean in a country where same-sex marriages are not recognized by law? Is it enough I'm your roomate, that we have only one bed? Or the turning point is that we have sex with one another, therefore we are in a relationship that resembles marriage? WHEN DID SEX BECAME THE SYNONYM OF MARRIAGE?

No and no. The ECHR decision pointed out that a de facto marriage was one with "emotional, physical and also economic bonds between the partners."

This is not very different from the old common-law marriage idea, which generally required "(1) the present intent and agreement to be married; (2) continuous cohabitation; and (3) public declaration that the parties are husband and wife."

So if you're living with your roommate and calling him your husband in public, and he agrees to the marriage, yay.

If I'm living with a roomate and I borrowed some money from him, forgot to pay him back which resulted in physical injury and emotional tears, then had to call him "husband" in public as a sort of punishment for not getting his dough, we're technically married? :D

But let's say that's the case... why in hell are the homosexuals so angry for not getting to be in traditional marriages? If it's so easy to be married (we just live together and hold hands in public), why don't they just take that easy and convenient route? Is it because they like to be beaten up by rednecks? Is it because they want to be similar to heterosexuals, down to their downright hatred of marriage? Or is it because holding hands in public can be called many things (including icky) but not marriage?

Jaron

You are clutching at straws Alexandru. Your trolling is so transparents I can see straight through you to the jesus stains on your walls.

Social consequences should never be a deciding factor on not pursuing ones full and equal rights.

I can just imagine you half a century ago arguing "Why do black people need to vote? Do they enjoy being terrorized and hanged from trees?"
Winner of THE grumbler point.

garbon

Alexandru once touched my hand in public. It was icky!
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

ulmont

Quote from: Alexandru H. on March 03, 2010, 12:58:23 PM
If I'm living with a roomate and I borrowed some money from him, forgot to pay him back which resulted in physical injury and emotional tears, then had to call him "husband" in public as a sort of punishment for not getting his dough, we're technically married? :D

No, since there's no intent to be married, and no sex.

Quote from: Alexandru H. on March 03, 2010, 12:58:23 PMBut let's say that's the case... why in hell are the homosexuals so angry for not getting to be in traditional marriages? If it's so easy to be married (we just live together and hold hands in public), why don't they just take that easy and convenient route?

There are only 11 states left that allow common-law marriage, and none of them to my knowledge allow a common-law same-sex marriage.  In addition, the IRS does not recognize a same-sex marriage, common-law or not.  So there's quite a ways to go.

The ECHR's ruling only says, essentially, that had this been an unmarried straight couple in the same circumstances the survivor would have been eligible for the lease, the plaintiff was denied the lease based solely on being gay, therefore the action violates the plaintiff's rights.

Sheilbh

Quote from: Razgovory on March 02, 2010, 04:34:46 PM
Quote from: Martinus on March 02, 2010, 08:49:28 AM
It's something similar to a common law marriage in the Anglo Saxon law or cohabitation under certain civil law syste,s - it is not a formal marriage, but the state recognizes that it gives the partners certain rights.

Essentially this ruling says that even though the Polish constitution defines the "legal" marriage as a marriage between a man and a woman, this does not mean the Polish state can refuse to recognize a de facto cohabitation of same sex partners.

So simply living with someone long enough you can just inherit their stuff?
Marriage-like matters in the UK.  If, for example, you lose your job and claim benefits you'll be turned down if you're living with someone who is earning and married to you, your civil partner or in a 'marriage like relationship with you'.  It means living and sleeping with.
Let's bomb Russia!

garbon

Also, what kind of friend forces you to call him your husband in public? :huh:
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

Alexandru H.

Quote from: garbon on March 03, 2010, 01:06:33 PM
Alexandru once touched my hand in public. It was icky!

I never touch homosexuals. Somehow it's icky to touch people that enjoy golden showers or ass-rimming.

QuoteThe ECHR's ruling only says, essentially, that had this been an unmarried straight couple in the same circumstances the survivor would have been eligible for the lease, the plaintiff was denied the lease based solely on being gay, therefore the action violates the plaintiff's rights.

Hmm... first of all, it's weird that the law allows someone to retain the lease just because he was the last to fuck the deceased. A lease is a legal act, signed by two parties and I can't see how fucking someone makes you part of the deal. So if I'm the owner of the building, I'm forced to accept someone to lease the apartment, at the same value as the last one, instead of being able to auction it to the highest bidder? That's fucked up...