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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 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.
    The last century and a half has worked out pretty damn well.
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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Harshaw View Post
    Note, for some who are having trouble with the issue --

    This ruling is not based on discrimination by sex (gender).

    This ruling is based on discrimination against homosexuality.

    This has been true of every ruling.
    Can you clarify the significance of your distinction?

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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Boo Radley View Post
    Can you clarify the significance of your distinction?
    How is it not obvious?

    There are some who insist the rulings have not been based on discrimination against homosexuality, but on sex-based discrimination against those who wish to marry the same gender.

    I'm pointing out that they're wrong.

    Do you disagree?
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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Tigger View Post
    Then maybe it's time to scrap the old Constitution and write one where the invocation of MORALITY as the highest Legal determinator is more clearly defined.
    Seeing as your morality clearly is completely different from a rational person, don't you think you're a tad biased?
    Typical hypocrisy. You can't stand the constitution when it goes against you, but fallaciously use it to defend everything else.

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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by danarhea View Post
    This is a complicated issue, but I believe that denying ANYBODY any rights that others have deprives them of equality, which according to the 14th Amendment to the Constitution makes DOMA unconstitutional. But don't take my word for it. 2 out of 3 of the judges who ruled were appointed by Reagan and Bush I, respectively, and are fairly strict constructionists. For this reason, I believe that SCOTUS will uphold the ruling that was handed down today.
    How do you square that logic with ANY preference in law based on age, gender, race, ethnic group or difference in income level? To assert that I MAY change my income level, does not deny that it is what it is today. The same applies to age, which seems to be X for law/right A, Y for law/right B and Z for law/right C. How can "separate but equal" laws apply to gender, yet not for race as both are immutable. In many cases we must accept that equivalent (similar) is as close to equal (same) as we may choose to get.
    Last edited by ttwtt78640; 05-31-12 at 01:54 PM.
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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Harshaw View Post
    How is it not obvious?

    There are some who insist the rulings have not been based on discrimination against homosexuality, but on sex-based discrimination against those who wish to marry the same gender.

    I'm pointing out that they're wrong.

    Do you disagree?
    I think there is no significant difference. For homosexuals to marry, they would have to marry someone of the same gender. If this issue is not forefront, the ruling has no bearing.

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    Re: Court: Heart of gay marriage law unconstitutional

    Would LOVE to be a fly on the wall when NP reads the news. I can just hear him now. "Goddamn legislation from the bench again! Those damn liberal commie homo lovin' activist judges!"

    Priceless............



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    Re: Court: Heart of gay marriage law unconstitutional

    Getting closer, and closer.
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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Boo Radley View Post
    I think there is no significant difference.
    Except that there's functionally a huge difference. Rulings based on sex discrimination are more likely to stand, because sex is a suspect class. Rulings based on discrimination against homosexuality are far weaker, because homosexuality is not a suspect class.

    In order for rulings based on sex discrimination to hold, it must be successfully argued that gender isn't an inherent part of marriage.

    However, in order for rulings based on discrimination against homosexuality to stand, then it must be argued that sexuality and romantic love IS an inherent part of marriage, else there's no actual basis for claiming discrimination. This is not only harder to do than the above, but it also goes against many of the pro-SSM arguments.

    So yeah, the legal mechanics are totally different. That's why it's significant. All of this will play into a Supreme Court ruling, and the prevailing arguments have been the weaker arguments, legally speaking.
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    Re: Court: Heart of gay marriage law unconstitutional

    Quote Originally Posted by Harshaw View Post
    Note, for some who are having trouble with the issue --

    This ruling is not based on discrimination by sex (gender).

    This ruling is based on discrimination against homosexuality.

    This has been true of every ruling.
    It is most certainly NOT as sexual realtions are not required in (related to?) a marraige contract at all, one may have them outside of marraige or elect not to within marraige. This is about gender since only the gender of ONE spouse, in a marraige contract is desired to be changed, not the sexuality "requirements" of either. Has ANYONE considered the effect that this will have on "common law" marraige statutes?
    Last edited by ttwtt78640; 05-31-12 at 02:12 PM.
    “The reasonable man adapts himself to the world: the unreasonable one persists to adapt the world to himself.
    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

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