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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 LuckyDan View Post
    This isn't gender. It isn't even sexual preference or orientation. It is marriage and the constitutionality of state laws regulating it. With regard to same sex couples, SCOTUS has a precedent of summary dismissal of the question in Baker v. Nelson. You can't get more relaxed scrutiny than that.

    From Smith's opinion:
    The argument that it is gender is in fact possible. While as I stated, I doubt it will actually be ruled as such, the potential argument is there. Baker and it's status as a precedent are questionable at best. To use it as a precedent in a legal case, a case has to be in all legal aspects identical to Baker.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Redress View Post
    The argument that it is gender is in fact possible. While as I stated, I doubt it will actually be ruled as such, the potential argument is there. Baker and it's status as a precedent are questionable at best. To use it as a precedent in a legal case, a case has to be in all legal aspects identical to Baker.
    I don't see the gender thing as even remotely possible. But okay.

    Baker denied a marriage license to a same sex couple. That's pretty dang on-point. Then there will be Reinhardt's reasoning, all based on Romer - completely off-point. SCOTUS should hand him his ass for that.

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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by LuckyDan View Post
    I don't see the gender thing as even remotely possible. But okay.

    Baker denied a marriage license to a same sex couple. That's pretty dang on-point. Then there will be Reinhardt's reasoning, all based on Romer - completely off-point. SCOTUS should hand him his ass for that.
    Baker is not identical since it did not involve a right taken away. Romer does not have the limitations Baker has a a precedent due to procedural crap, and is a legit precedent.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Redress View Post
    Baker is not identical since it did not involve a right taken away. Romer does not have the limitations Baker has a a precedent due to procedural crap, and is a legit precedent.
    Baker is perfectly legit procedurally. Cases summarily dismissed for want of a substantial federal question are considered to have been decided on their merits and are precedent.

    This "right taken away" thing seems to be a Reinhardt invention. Californians never gave any SS couple a right to marry. That too, was judicial.
    Last edited by LuckyDan; 02-08-12 at 12:39 AM.

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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Navy Pride View Post
    We should make a friendly bet on that..............I say prop 8 will be held up by a 5-4 count with Kennedy casting the deciding vote.........Your only chance is if a conservative judge leaves the court and is replaced by a lib.......Problem is the next judge to go will be Ginsberg. She will either die since she has cancer or retire..........Perfect situation for me is a Conservative gets elected Prez and appoints another Roberts.......Your side would definitely be in deep Kimchee then. If Obama wins then he will just replace her with another lib.....nothing changes
    You want another Activist Judge on the court like Roberts or Alito....who will pay lipservice to the Constitution and impose a right-wing agenda? Why am I not surprized....LOL. Too bad that it will get to the court before that could ever happen....and your 5-4 prediction is about as good as your "Thompson will kill everyone in the election....and you can take it to the bank"....predictions.....
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Navy Pride View Post
    same old stale crap.....one of these days go to a black church and ask some of the atendees what they think of gay marriage..........you will get and earful my left wing friend.
    Bigotry has never been exclusively White...NP.....Blacks can be bigots as well.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by LuckyDan View Post
    I don't see the gender thing as even remotely possible. But okay.

    Baker denied a marriage license to a same sex couple. That's pretty dang on-point. Then there will be Reinhardt's reasoning, all based on Romer - completely off-point. SCOTUS should hand him his ass for that.
    I am straight and cannot marry a man because he is a man. How is it not gender?
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Deuce View Post
    I am straight and cannot marry a man because he is a man. How is it not gender?
    Because you are not being discriminated against because you are a man.

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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by LuckyDan View Post
    Baker is perfectly legit procedurally. Cases dismissed on merits are precedent.

    This "right taken away" thing seems to be a Reinhardt invention. Californians never gave any SS couple a right to marry. That too, was judicial.
    You might want to do some reading on Baker. There is a precedural issue involved that makes it unusable in most cases.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by LuckyDan View Post
    And one reason why a SCOTUS ruling here could be limited to CA, and could then further be limited to those marriages that occurred pre-Prop 8.
    Actually all those marriages are still in effect and recognized in California.
    Quote Originally Posted by Bucky View Post
    The economy will improve under this bill. If a few people die, it will be for the betterament of this country.

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