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Thread: Court: CA gay-marriage ban is unconstitutional

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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Rhapsody1447 View Post
    If the SCOTUS determined it was unconstituional it would not be permitted by law. The passage of DOMA, which codifies the non-recognition of SSM at the federal level, is evidence enough.
    DOMA is so damn unconstitutional it's not even funny.
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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Rhapsody1447 View Post
    Assume DOMA stands. How is this good for gays in states that don't recognize civil unions? If states have to legally define civil unions as marriage would it not increase opposition to recognizing them?
    Because marriages are recognized across state lines. So a gay couple could go to NY where there is no residency requirement for marriage and SSM is legal, then return to their home state legally married. Since marriage is considered a contract, the home state could not legally deny it's validity.

    Edit: I missed the part where you supposed DOMA stands. It won't. Historically the states have been able to decide who can get married. This is a really clear cut case and I could even see SCOTUS declining to hear the final appeal.
    Last edited by Redress; 02-07-12 at 11:12 PM.
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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Rhapsody1447 View Post
    Assume DOMA stands. How is this good for gays in states that don't recognize civil unions? If states have to legally define civil unions as marriage would it not increase opposition to recognizing them?
    DOMA is unconstitutional, but if you don't want gay marriage, then there is one way to keep it out - A Constitutional amendment. Otherwise, you believe not in a strict interpretation of the Constitution, but a loose one. That makes you a Liberal. LOL.
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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by danarhea View Post
    DOMA is unconstitutional, but if you don't want gay marriage, then there is one way to keep it out - A Constitutional amendment. Otherwise, you believe not in a strict interpretation of the Constitution, but a loose one. That makes you a Liberal. LOL.
    I like loose. That makes me a libertine.

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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Redress View Post
    Because marriages are recognized across state lines. So a gay couple could go to NY where there is no residency requirement for marriage and SSM is legal, then return to their home state legally married. Since marriage is considered a contract, the home state could not legally deny it's validity.

    Edit: I missed the part where you supposed DOMA stands. It won't. Historically the states have been able to decide who can get married. This is a really clear cut case and I could even see SCOTUS declining to hear the final appeal.
    What's the status of the DOMA case? Haven't been keeping up with that.
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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Your Star View Post
    Also you make the mistake assuming that I support Obama. Obama has been iffy on gay rights for me, he's been good on everything but SSM, though I think he will come out in support of it, if he gets a second term.
    I apologize, I inferred your support for Obama from your postings on this board.

    A separate but equal institution is unconstitutional, that's pretty well established, so I would not support something that is unconstitutional. And it will only be a matter of time before the courts established that bans against SSM will be unconstitutional.
    I agree that it's only a matter of time, the federal government will recognize SSM in a matter of years at most.

    DOMA is so damn unconstitutional it's not even funny.
    SCOTUS has yet to agree. I'll take their legal judgment over yours.
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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by CriticalThought View Post
    Romer v. Evans
    (Just to restate the question to which you reply: With regard to marriage, what precedents are there to support the statement, "The constitution guarantees equal rights under the law. When one group of people are denied their rights on the basis of sexual preference, that's unconstitutional.")


    And no. Romer was about statutory safeguards, and had nothing whatsoever to do with marriage. That's where Reinhardt is talking out of his ass. The on-point case, Baker, he sniffs at in a footnote and deems "not pertinent here" after this on page 47.
    We therefore need not and do not consider whether same-sex couples have a fundamental right to marry, or whether states that fail to afford the right to marry to gays and lesbians must do so. Further, we express no view on those questions.

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    Re: Court: CA gay-marriage ban is unconstitutional

    If gays get married across this nation the same thing that happened in Massachusetts when their Supreme court ruled for State recognition of gay marriage will happen across the nation!

    BTW are they still on the map
    Last edited by winston53660; 02-07-12 at 11:19 PM.

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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Your Star View Post
    What's the status of the DOMA case? Haven't been keeping up with that.
    After Obama declined to defend DOMA, congress has been getting involved and that is slowing things down. Most recently over 100 liberal congressman filed an amicus brief in support of Tauro's ruling.
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    Quote Originally Posted by Fiddytree View Post
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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by danarhea View Post
    DOMA is unconstitutional, but if you don't want gay marriage, then there is one way to keep it out - A Constitutional amendment. Otherwise, you believe not in a strict interpretation of the Constitution, but a loose one. That makes you a Liberal. LOL.
    I don't assume to understand how exactly the constitution should be interpreted. It's outside of my realm of expertise so I trust our judicial system to interpret and remedy any violations. Personally, I believe in the constiutionality of the Federal Reserve (as our courts have interpreted) so I guess that means I'm not a strict constructionist. Call me naive, liberal, whatever, I don't care.
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