Page 3 of 24 FirstFirst 1234513 ... LastLast
Results 21 to 30 of 235

Thread: Supreme Court will tackle same-sex marriage

  1. #21
    Sage

    Join Date
    Sep 2007
    Last Seen
    09-24-17 @ 04:38 AM
    Lean
    Undisclosed
    Posts
    29,261

    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by digsbe View Post
    DOMA is unconstitutional because it restricts a state's right to legalize SSM.
    SSM is legally recognized by several states now.

  2. #22
    Liberal Fascist For Life!


    Redress's Avatar
    Join Date
    Mar 2008
    Location
    Georgia
    Last Seen
    Today @ 03:38 AM
    Lean
    Very Liberal
    Posts
    93,344
    Blog Entries
    2

    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by ttwtt78640 View Post
    I doubt it. Loving involved discrimination based only on race which took a constituional amendment to enforce, this involves "choice" or "preference". At what point does "preference" become an overriding factor to state law? If something is not mentioned in the constitution as a federal power, then it is rightly left to the states. If I prefer to drink in a bar on sunday, marry two people or to gamble in a casino does that make it a right? If one state allows or condones something then must all others?
    Two problems here.

    1) Loving will be used mostly or solely because it determined that marriage is a right. That is it's whole reason for being important.

    2) Homosexuality is probably not a "choice" or "preference" based on best available research to date.
    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.

  3. #23
    Uncanny
    Paschendale's Avatar
    Join Date
    Nov 2010
    Location
    New York City
    Last Seen
    03-31-16 @ 04:08 PM
    Gender
    Lean
    Socialist
    Posts
    12,510

    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by ttwtt78640 View Post
    DOMA does not violate equal protection, it violates the 10th amendment. Marriage is not a federal power, these are state contract law issues.
    The amount that you get wrong on this forum about American law is staggering. Of the four clauses in this post, all of them are wrong. Okay, one is half right. But it is wrong in spirit.

    1) DOMA does violate equal protection, and equal protection will be used to strike it down. 2) This issue has nothing to do with the 10th amendment, and as I keep having to explain to people, the 10th amendment does not actually bar the federal government from doing anything. 3) Marriage is not a power. It is, however, a federally protected civil right. 4) Marriage is not covered under contract law. Family law is its own special body.

    Seriously, learn something true about the US system of law before you make these pronouncements.

    Quote Originally Posted by Zyphlin View Post
    Will interesting to see if try argue based on discrimination towards homosexuals or on gender.


    My personal hope is that they go the latter, as its a more simple constitutional case and less controversial as it does not require elevating sexual preference to a higher tier of scrutiny under the EPC

    What would be so bad about that?
    Liberté. Égalité. Fraternité.

  4. #24
    Sage
    apdst's Avatar
    Join Date
    Jun 2009
    Location
    Bagdad, La.
    Last Seen
    Today @ 11:44 AM
    Gender
    Lean
    Very Conservative
    Posts
    76,524

    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by digsbe View Post
    DOMA is unconstitutional because it restricts a state's right to legalize SSM. SSM is a state issue and hopefully the court will respect the rights of states that have defined marriage as a union between a man and woman.
    It's hard to argue that point, since the regime sued Arizona over their immigration law.

    The most unfortunate part of this, is that even a supreme court decision won't put it to rest.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

  5. #25
    Advisor Rapunzel52's Avatar
    Join Date
    Dec 2011
    Location
    The Great Midwest
    Last Seen
    05-28-13 @ 11:20 PM
    Gender
    Lean
    Conservative
    Posts
    525

    Re: Supreme Court will tackle same-sex marriage

    I say let em' have it, they might as well suffer like the rest of us...
    If it sounds like Marx and acts like Stalin...it must be Obama

  6. #26
    Banned
    Join Date
    Jun 2006
    Last Seen
    08-29-17 @ 09:28 AM
    Gender
    Lean
    Libertarian - Left
    Posts
    16,575

    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by Samhain View Post
    I'm hoping they go a different route and lay the groundwork for the state to be removed from marriage altogether.
    Although I think they will just legalize it, this is the way it SHOULD go.

  7. #27
    Banned
    Join Date
    Oct 2012
    Last Seen
    09-18-16 @ 03:33 PM
    Gender
    Lean
    Progressive
    Posts
    12,029

    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by ttwtt78640 View Post
    DOMA does not violate equal protection, it violates the 10th amendment. Marriage is not a federal power, these are state contract law issues.
    I don't think you understand the issue.

    DOMA doesn't prevent states from allowing gay marriage. It prevents the federal government from recognizing any marriages between gay couples for the purpose of federal laws or programs, even if those couples are considered legally married by their home state. And it allows states that don't permit gay marriage to not recognize such marriages if performed in another states.

    Only the section that deals with federal recognition is being currently challenged in court, and it will be a equal protection question, I'm pretty sure. The issue will be on what basis the federal government can disallow marraige tax and benefit treatment for gay marriages that are legal in states that allow it.

    I really think even without strict scrutiny, DOMA will be overturned.

  8. #28
    Liberal Fascist For Life!


    Redress's Avatar
    Join Date
    Mar 2008
    Location
    Georgia
    Last Seen
    Today @ 03:38 AM
    Lean
    Very Liberal
    Posts
    93,344
    Blog Entries
    2

    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by ttwtt78640 View Post
    DOMA does not violate equal protection, it violates the 10th amendment. Marriage is not a federal power, these are state contract law issues.
    http://www.ca2.uscourts.gov/decision...mplete_opn.pdf

    2 rulings on Windsor so far, both disagree with your assessment.

    The court ruled that Section 3 of DOMA violated the equal protection because there was no rational basis to support it.
    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.

  9. #29
    Sage
    apdst's Avatar
    Join Date
    Jun 2009
    Location
    Bagdad, La.
    Last Seen
    Today @ 11:44 AM
    Gender
    Lean
    Very Conservative
    Posts
    76,524

    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by Paschendale View Post
    The amount that you get wrong on this forum about American law is staggering. Of the four clauses in this post, all of them are wrong. Okay, one is half right. But it is wrong in spirit.

    1) DOMA does violate equal protection, and equal protection will be used to strike it down. 2) This issue has nothing to do with the 10th amendment, and as I keep having to explain to people, the 10th amendment does not actually bar the federal government from doing anything. 3) Marriage is not a power. It is, however, a federally protected civil right. 4) Marriage is not covered under contract law. Family law is its own special body.

    Seriously, learn something true about the US system of law before you make these pronouncements.




    What would be so bad about that?
    What makes you an expert? And, don't tell us you're a lawyer, because they cock it up on a regular basis.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

  10. #30
    Liberal Fascist For Life!


    Redress's Avatar
    Join Date
    Mar 2008
    Location
    Georgia
    Last Seen
    Today @ 03:38 AM
    Lean
    Very Liberal
    Posts
    93,344
    Blog Entries
    2

    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by apdst View Post
    What makes you an expert? And, don't tell us you're a lawyer, because they cock it up on a regular basis.
    I base my opinions on many hours of studying the cases. I have actually read all the rulings and the arguments in both cases about to go to SCOTUS. I have also read many of the analysis and critiques of those rulings from those on both sides.
    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.

Page 3 of 24 FirstFirst 1234513 ... 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
  •