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Thread: Court: Heart of gay marriage law unconstitutional

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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Harshaw View Post
    Even if this is true, they still have to work within the constructs of the law, and arguing on the basis of discrimination against homosexuals IS the weaker course.




    Tell that to those who have insisted that the rulings have been about gender discrimination, and not discrimination against homosexuality.
    See, I don't see anyone not arguing that. Gender is an issue with homosexual marriage because you marry someone of the same gender. But the core, and again I think everyone knows this and that it is part of the legal argument, is discrmination against homosexuals.

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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Redress View Post
    Reproduction is not a legal requirement of marriage in any state, and same sex couples can and do have children.
    Neither of which would preclude a state interest in reproduction.

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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Taylor View Post
    Neither of which would preclude a state interest in reproduction.
    Nor does one interest mean that it is the only interest or that others are not important to the state.

    AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.

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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Taylor View Post
    Neither of which would preclude a state interest in reproduction.
    They would if they are trying to say that it is the interest they are trying to further by restricting marriage based on sex because they prove that the ban would do absolutely nothing to truly further that state interest and that they aren't willing to treat opposite sex couples in the same manner in furthering that state interest.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Your Star View Post
    I'm pretty sure they will, there is already precedent for such a thing. Like Red brought up the arguments for Loving v Virginia apply to SSM cases as well.
    In reality, the opposite is true. Existing SC precedent suggests that Loving v Virginia does not provide an adequate basis for claiming an equal protection violation with respect to SSM.

    That is, the same court that decided Loving v Virginia was presented with your argument for SSM just a few years later and did not see sufficient merit in it, dismissing the case outright.

  6. #166
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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Tigger View Post
    How about a couple thousand years of human history, that worked out pretty well compared to the last century and a half which hasn't.
    In your opinion. You always forget that little disclaimer when you post crap like you just did.
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    This is what I hate about politics the most, it turns people in snobbish egotistical self righteous dicks who allow their political beliefs, partisan attitudes, and 'us vs. them' mentality, to force them to deny reality.

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    See with you around Captain we don't even have to make arguments, as you already know everything .
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  7. #167
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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by roguenuke View Post
    They would if they are trying to say that it is the interest they are trying to further by restricting marriage based on sex because they prove that the ban would do absolutely nothing to truly further that state interest and that they aren't willing to treat opposite sex couples in the same manner in furthering that state interest.
    Not sure I follow. Whether or not something "furthers" a state interest does not invalidate it. A state interest does not imply that the state is obligated to do everything in its power to ensure that people who marry can reproduce.

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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by ttwtt78640 View Post
    How about the desire for sexual reproduction, clearly a state interest by increasing the population/tax base.
    Procreation is not really relevant in the state interest in marriage. REARING of children is. Research shows that married couples, regardless of sex or sexual orientation, do best in the rearing of couples. Anyone with working equipment can procreate.
    Last edited by CaptainCourtesy; 06-01-12 at 05:10 AM.
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    Quote Originally Posted by Wiseone View Post
    This is what I hate about politics the most, it turns people in snobbish egotistical self righteous dicks who allow their political beliefs, partisan attitudes, and 'us vs. them' mentality, to force them to deny reality.

    Quote Originally Posted by Navy Pride View Post
    You can't paint everone with the same brush.......It does not work tht way.


    Quote Originally Posted by Wessexman View Post
    See with you around Captain we don't even have to make arguments, as you already know everything .
    Quote Originally Posted by CriticalThought View Post
    Had you been born elsewhere or at a different time you may very well have chosen a different belief system.
    Quote Originally Posted by ernst barkmann View Post
    It a person has faith they dont need to convince another of it, and when a non believer is not interested in listening to the word of the lord, " you shake the dust from your sandels and move on"

  9. #169
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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by CaptainCourtesy View Post
    Procreation is not really relevant in the state interest in marriage. REARING of children is. Research shows that married couples, regardless of sex or sexual orientation, do best in the rearing of couples. Anyone with working equipment can procreate.
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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Taylor View Post
    In reality, the opposite is true. Existing SC precedent suggests that Loving v Virginia does not provide an adequate basis for claiming an equal protection violation with respect to SSM.

    That is, the same court that decided Loving v Virginia was presented with your argument for SSM just a few years later and did not see sufficient merit in it, dismissing the case outright.
    I was not aware of such a case, and besides all you have to do is look at the date and know what the decision is there if such a case exists.

    And yes Loving v Virginia does set precedent for SSM, it sets marriage as a fundamental right, and all you have to do is change race to gender and you have the 14th case locked up.
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