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Thread: Supreme Court will tackle same-sex marriage

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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by ttwtt78640 View Post
    Then please explain the need for the 19th amendment.
    First you explain to me the relevance of the question. Are you disagreeing that gender is a protected classification?

    Sometimes discrimination is abolished by the courts, and sometimes it is abolished by Congress. I'm not sure why you think this is important to the discussion.
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    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by Deuce View Post
    First you explain to me the relevance of the question. Are you disagreeing that gender is a protected classification?

    Sometimes discrimination is abolished by the courts, and sometimes it is abolished by Congress. I'm not sure why you think this is important to the discussion.
    Because whatever you "imply" makes any gender discrimination unconstitutional must have existed prior to this amendment. If that is/was the case, then why was this amendment necessary? Obviously gender is still used in many laws, especially the military, yet we accept that men and women are different, thus title IX sports rules/laws, separate jails/restrooms/dorms and etc.
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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by ttwtt78640 View Post
    Because whatever you "imply" makes any gender discrimination unconstitutional must have existed prior to this amendment. If that is/was the case, then why was this amendment necessary? Obviously gender is still used in many laws, especially the military, yet we accept that men and women are different, thus title IX sports rules/laws, separate jails/restrooms/dorms and etc.
    Gender discrimination in the military is allowed due to the government having a compelling interest, the discrimination is narrowly tailored and it is the least restrictive way to achieve that interest. Unless those criterion are met, discrimination based on gender is illegal.

    Edit: CORRECTION!!

    Gender is intermediate scrutiny, meaning that the government has an important interest.
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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by ttwtt78640 View Post
    Because whatever you "imply" makes any gender discrimination unconstitutional must have existed prior to this amendment. If that is/was the case, then why was this amendment necessary? Obviously gender is still used in many laws, especially the military, yet we accept that men and women are different, thus title IX sports rules/laws, separate jails/restrooms/dorms and etc.
    Being a protected classification does not inherently imply that no differences can exist. Discrimination is still possible, if an important state interest is shown.

    So, if you can show me the important state interest in preventing two men from marrying, I'm all ears!
    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: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by kamikaze483 View Post
    LOL. As a gay person with a partner (we had a ceremony but are not legally married) I can tell you that neither of us want any "handouts." What ridiculous terminology.

    We have every "benefit" that married people have. We simply had to have an attorney draw it up. What's mine is his; what's his is mine... even if one or the other die. There are no estate tax penalties, no income tax penalties... As a matter of fact, we have TREMENDOUS income tax benefits by NOT being legally married.

    I certainly support the right of each state to legislate on this matter. The case in California (the ban on gay marriage) passed by referendum. The original law allowing gay marriage was a stunt of judicial activism which was foiled by the majority of voters. I absolutely respect that.

    SCOTUS will have to uphold that referendum vote unless the states ratify a conflicting amendment between now and then.

    On the DOMA, I think the law violates the 10th amendment. It should be overturned. All powers not specifically referenced in the Constitution are relegated to the states. DOMA is an effort to circumvent the states' rights to decide on this issue.
    I dont think I was clear enough and you may have mis understood what I was trying to point out. I did this tounge in cheek. Maybe this link will convey what I was pointing to !
    An Overview of Federal Rights and Protections Granted to Married Couples | Resources | Human Rights Campaign

    Believe me I am with you on this. My brother and his hubby have been together for 15 years both have great jobs and they are have similar benefits as you. However there are somethings they are missing out on.

    I know Doma violates the 10th amendment. Plus the equal protection clause in the 14th Amendment as well. Plus I think one could look at the fifth amendment as well. There are numerous reasons why gay marraige should be legal. However, it is very thin on why it should be illegal.

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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by Deuce View Post
    So, if you can show me the important state interest in preventing two men from marrying, I'm all ears!
    I think you'll be waiting a long time for an answer. There simply isn't one.

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    Re: Supreme Court will tackle same-sex marriage

    Although I really hope that SCOTUS pronounces DOMA DOA, the court's conservative majority has me kinda nervous. Homosexuals are the final class of individuals who can be and routinely are denied constitutional equality. I hope to see that change in my lifetime.

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    Re: Supreme Court will tackle same-sex marriage

    This line sums up exactly why the laws violate the 14th Amendment, not just the 10th.

    "Windsor was forced to pay a $363,000 assessment. Had Spyer been a man, that assessment would have been $0."

    Gay marriage reaches Supreme Court: Justices to review Prop 8., DOMA - Yahoo! News

    There is no getting around this and I hope the lawyers fighting DOMA bring this up. It is gender discrimination.
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    Keep your religion out of other people's marriages.

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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by DiAnna View Post
    Although I really hope that SCOTUS pronounces DOMA DOA, the court's conservative majority has me kinda nervous. Homosexuals are the final class of individuals who can be and routinely are denied constitutional equality. I hope to see that change in my lifetime.
    I worry about that, too. But I feel fairly confident that, despite the strict allegiance that the conservative majority on the court has to the interests of the wealthy, they are not capable of diverting that hard from extremely compelling precedent.
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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by DiAnna View Post
    Although I really hope that SCOTUS pronounces DOMA DOA, the court's conservative majority has me kinda nervous. Homosexuals are the final class of individuals who can be and routinely are denied constitutional equality. I hope to see that change in my lifetime.
    Nah, there's more groups out there. Nevertheless, it's a good step forward.
    Michael J Petrilli-"Is School Choice Enough?"-A response to the recent timidity of American conservatives toward education reform. https://nationalaffairs.com/publicat...-choice-enough

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