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Thread: 5 possible outcomes of the Supreme Court Prop. 8 case

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Deuce View Post
    Your example is not preventing you from marrying ANY female. Female is not the basis for that discrimination, your DNA is.

    I cannot marry any male for any reason purely because I am male and he is male. Gender is the basis for that distinction, and gender is a class protected from discrimination under intermediate scrutiny, which means that the government must show an "important state interest" in making that discrimination and that the discrimination is done in a way "substantially related to that interest."

    What is the state interest in banning same-sex marriage?
    Tax preference.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by clownboy View Post
    Looks can be deceiving. I heard the same thing in the 70s, 80s and 90s ("Gay marriage will be the law of the land in less than 10 years").
    Look at the landscape. Gay marriage has been beaten back by the general population for decades and yet it just keeps coming back in greater numbers. Despite years of losses at the ballot box the courts have always managed to keep "the dream" afloat and the proponents keep getting stronger. Hell, even some establishment type Republicans are starting to signal that they aren't going to fight it any more.

    No matter what happens with the SCOTUS this issue is never going to go away and its supporters will never grow tired of fighting. It's opponents are tired already.
    Quote Originally Posted by Bucky View Post
    I have pooped in public, even in public neighborhoods.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Samhain View Post
    Tax preference.
    Elaborate. There's a tax interest in banning same-sex marriage!?
    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: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Deuce View Post
    Elaborate. There's a tax interest in banning same-sex marriage!?
    Marriage brackets are wider; Expanding marriage definition would would reduce revenue. An expansion would also affect estate tax collection.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Samhain View Post
    Marriage brackets are wider; Expanding marriage definition would would reduce revenue. An expansion would also affect estate tax collection.
    But this is also the case for heterosexual couples, so the gender distinction doesn't hold up. Unless you're arguing for banning all marriage, anyway.

    But if "fewer marriages" is an important state interest, you've just torpedoed half the arguments of prop 8s lawyers.
    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: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Deuce View Post
    But this is also the case for heterosexual couples, so the gender distinction doesn't hold up. Unless you're arguing for banning all marriage, anyway.

    But if "fewer marriages" is an important state interest, you've just torpedoed half the arguments of prop 8s lawyers.
    I don't see the reason for the state to be a party in a two-person contract.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Deuce View Post
    So you are satisfied that sometimes unconstitutional acts make it through the democratic process. Thanks.
    No, not at all...

    Our legislation progress and those we elect to uphold that process are dumb tho. They're not in the game for civil reasons they're in the game for popularity, eliteness or overall just to be an aristocrat... Not many are politicians exist to serve the people - most just use them.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Samhain View Post
    I don't see the reason for the state to be a party in a two-person contract.
    I agree they should have no say in who I enter that contract with.

    But prop 8 supports are arguing that the state has an interest in protecting marriage and encouraging it.
    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: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Deuce View Post
    Due process and equal protection are even more clear.
    What?

    Due Process is quite clear, the Equal Protection clause is vague as hell. Not to mention both are miles apart and have absolutely nothing to do with one another.

    Don't even try to play Constitutional law with me.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Mr.Nick View Post
    No, not at all...

    Our legislation progress and those we elect to uphold that process are dumb tho. They're not in the game for civil reasons they're in the game for popularity, eliteness or overall just to be an aristocrat... Not many are politicians exist to serve the people - most just use them.
    So unconstitutional laws are never passed?
    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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