Page 9 of 49 FirstFirst ... 789101119 ... LastLast
Results 81 to 90 of 485

Thread: Court: CA gay-marriage ban is unconstitutional

  1. #81
    Sage
    Navy Pride's Avatar
    Join Date
    Jul 2005
    Location
    Pacific NW
    Last Seen
    05-07-15 @ 02:01 PM
    Gender
    Lean
    Very Conservative
    Posts
    39,883

    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Redress View Post
    SCOTUS will decide the case. However, 3 judges have rules that prop 8 is illegal, plus rulings that DOMA is illegal. SSM bans are not fairing well in the courts. Now, can you show what part of the ruling you think is flawed that you can accuse those ruling to overturn the law are activist, or will you withdraw the claim?


    I expect the SCOTUS to do the right thing and that is to affirm the people of California's vote.
    "God Bless Our Troops in Harms Way."

  2. #82
    Jedi Master
    Captain America's Avatar
    Join Date
    Feb 2006
    Location
    Wisconsin
    Last Seen
    Today @ 08:47 AM
    Gender
    Lean
    Centrist
    Posts
    18,664

    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by muciti View Post
    For those who oppose this, may I ask why? How does it effect you? Why do you care what two people do?
    I have often wondered that myself. I could care less if Adam marries Steve. It will have absolutely zero, zilch, nada, effect on me, my family, my wife, my business or the fishing report in Tarpon Springs. i don't see the harm in letting a fellow human being persue his/her own brand of happiness as long as it doesn't tread on me.

    I cannot visualize myself ever putting myself in such a position of arrogance, to the point that I believe it is my right of destiny, to keep another person yoked to my personal religious view of how things should be. Live and let live. As long as it doesn't tread on me. That seems to me to be "more American" but I digress.

    But I also realize many have had their opinions influenced by things like religion, upbringing, culture, environment that differ from mine. They believe they have a right to dictate and submit their will upon others. They believe it with all their heart. You will never convince them they are wrong. But, there again, live and let live is a two way street. I respect them even though I do not agree with them and they sometimes dazzle me with their modes of arriving to their brand of logic.

    But, whatever. Despite ourselves, America always leans forward towards freedom and liberty. SSM is right around the corner. The grafitti is on the wall.
    Last edited by Captain America; 02-07-12 at 08:03 PM.

    It's GREAT to be me. --- "45% liberal/55% conservative"
    Diplomacy is the art of saying 'nice doggy" until you can find a gun.

  3. #83
    Sage
    Navy Pride's Avatar
    Join Date
    Jul 2005
    Location
    Pacific NW
    Last Seen
    05-07-15 @ 02:01 PM
    Gender
    Lean
    Very Conservative
    Posts
    39,883

    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Redress View Post
    Very unlikely that it will have rules by then I think, unless they refuse to hear it.
    I believe that is your sides only hope and I don't see that happening. There is to much involved on this issue........It needs to be resolved...........
    "God Bless Our Troops in Harms Way."

  4. #84
    Sage
    Navy Pride's Avatar
    Join Date
    Jul 2005
    Location
    Pacific NW
    Last Seen
    05-07-15 @ 02:01 PM
    Gender
    Lean
    Very Conservative
    Posts
    39,883

    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Your Star View Post
    Are you saying they were activist judges?
    It is pretty clear what I said
    "God Bless Our Troops in Harms Way."

  5. #85
    Liberal Fascist For Life!


    Redress's Avatar
    Join Date
    Mar 2008
    Location
    Georgia
    Last Seen
    Today @ 01:58 AM
    Lean
    Very Liberal
    Posts
    93,299
    Blog Entries
    2

    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Navy Pride View Post
    I believe that is your sides only hope and I don't see that happening. There is to much involved on this issue........It needs to be resolved...........
    Actually I do not hope that since I hope that SCOTUS was affirm a broader ruling against all SSM bans.
    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.

  6. #86
    Liberal Fascist For Life!


    Redress's Avatar
    Join Date
    Mar 2008
    Location
    Georgia
    Last Seen
    Today @ 01:58 AM
    Lean
    Very Liberal
    Posts
    93,299
    Blog Entries
    2

    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Navy Pride View Post
    I expect the SCOTUS to do the right thing and that is to affirm the people of California's vote.
    The question is whether the ban is legal, and has nothing to do with popularity. Now, what legal flaw do you see in the ruling?
    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.

  7. #87
    Sage
    CriticalThought's Avatar
    Join Date
    Jun 2009
    Last Seen
    Today @ 02:50 AM
    Gender
    Lean
    Libertarian
    Posts
    18,124

    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Hicup View Post
    No, not at all as I have stated earlier when you brought it up. race, gender are immutable characteristics, sexual orientation is most definitely not immutable. It's all in the brief there CT.

    Tim-
    As I and Walker have both stated, this is not simply a matter of discrimination on the basis of sexual orientation, but also discrimination on the basis of sex. Your refusal to recognize the basic difference between equal application and equal protection as it relates to gender in the Prop 8 case is no different than when segregationists denied the difference so they could use race to enforce interracial marriage bans and other Jim Crow laws. Arguing that people can only marry the opposite sex is no different than arguing that people can only marry the same race. It is an infringement on civil rights via discriminating on the basis of an immutable characteristic.
    Last edited by CriticalThought; 02-07-12 at 08:11 PM.
    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.

  8. #88
    Global Moderator
    Rage More!
    Your Star's Avatar
    Join Date
    May 2010
    Location
    Georgia
    Last Seen
    @
    Gender
    Lean
    Very Liberal
    Posts
    26,361

    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Navy Pride View Post
    It is pretty clear what I said
    So you think stopping segregation was wrong?
    Eat me, drink me, love me;
    Laura make much of me

  9. #89
    Dungeon Master
    Hooter Babe

    DiAnna's Avatar
    Join Date
    Sep 2008
    Location
    Northern California
    Last Seen
    @
    Gender
    Lean
    Independent
    Posts
    32,597
    Blog Entries
    1

    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Ontologuy View Post
    Specifically, what is it, constitutionally, that makes Prop 8 unconstitutional? I'm not saying that it isn't unconstitutional, I just want to know what the specific part of the Constitution is that makes it unconstitutional.

    I would think that those who brought Prop 8 to the voters would have to have their heads examined for bringing an obviously unconstitutional initiative before the people.

    So I'm wondering if it ain't so obvious.
    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. Heterosexual people are allowed both the benefits and responsibilities of being legally married. Homosexuals should have the same opportunities.

    What Prop 8 did, IIRC (and there have been so many SSM bills in this state), was to amend the state's constitution so that sexual preference was removed from constitutional protection, and make SSM marriage (which was then legal in California, passed by the voters earler) illegal. Now it's being challenged on a federal level, on the basis that states cannot remove a right that is protected by the federal constitution.

  10. #90
    Skeptical Optimist
    Rhapsody1447's Avatar
    Join Date
    Aug 2006
    Last Seen
    09-20-17 @ 02:57 PM
    Gender
    Lean
    Very Conservative
    Posts
    1,510

    Re: Court: CA gay-marriage ban is unconstitutional

    Quote Originally Posted by Redress View Post
    Once some one has a right, it becomes harder to take it away. Whether those without that right have to be given it is a separate issue.

    The California SCOTUS ruled it unconstitutional under the California Constitution, hence amending the constitution.

    If the US SCOTUS rules that all such bans on SSM where illegal, then no state could have such a ban. However, that is not the only way they could rule while overturning Prop 8 and finding with the lower courts.
    Okay, I've done some more reading on this and it makes more sense. Essentially, Prop 8 didn't remove any state benefits for same-sex unions, it banned the state from recognizing those unions as marriage. This is what the court deemed unconstitutional as the ban had no 'rational basis'. If SCOTUS upheld the ruling it would make further bans on the recognition of same-sex unions as marriage but would not overturn states who did not recognize same-sex unions to begin with. Does that sound about right?

    If that's the case, I can't see how this would help same-sex couples purely on the basis of equal benefits under the state. It would increase resistance to same-sex benefits legislation in state's that do not grant them as it would legally require the state's to recognize the unions as marriage.
    "There is an excellent correlation between giving society what it wants and making money, and almost no correlation between the desire to make money and how much money one makes." ~Dalio

Page 9 of 49 FirstFirst ... 789101119 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •