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Thread: To cheers, same-sex marriages resume in California [W:381]

  1. #441
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    Re: To cheers, same-sex marriages resume in California [W:381]

    Quote Originally Posted by ernst barkmann View Post
    i am glad you stated this.

    the "will of the people" in voting is not a absolute, meaning you cannot make laws, which would take away rights of people, or deny people privileges, unless the state can show it is not in there interest.

    that is why we have republican government and not democratic government,...or democracy.
    Actually the state has to show that a state interest is being furthered by a restriction in a law, such as not allowing people to marry based on their races, sexes/genders, or religions. You wrote that wrong.
    "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: To cheers, same-sex marriages resume in California [W:381]

    Quote Originally Posted by ernst barkmann View Post
    you know i am going to keep posting constutional law, until you get it, and get it out of you head, that you think you can take away the right to property of indivuals.
    What law degree do you hold? Which justice are you? We have a process for these debates. This went through that process. So, no matter what you THINK, you've already lost the debate.

    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: To cheers, same-sex marriages resume in California [W:381]

    Quote Originally Posted by roguenuke View Post
    Actually the state has to show that a state interest is being furthered by a restriction in a law, such as not allowing people to marry based on their races, sexes/genders, or religions. You wrote that wrong.
    further?...how do you further your interest, by denying.

    i dont see it that way, ....i would have to show that by gay marriage being made legal, it will not reduce my interest i currently have...be detrimental to the state.

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    Re: To cheers, same-sex marriages resume in California [W:381]

    Quote Originally Posted by Boo Radley View Post
    What law degree do you hold? Which justice are you? We have a process for these debates. This went through that process. So, no matter what you THINK, you've already lost the debate.
    really, where is our law degree?

  5. #445
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    Re: To cheers, same-sex marriages resume in California [W:381]

    Quote Originally Posted by ernst barkmann View Post
    really, where is our law degree?
    I don't have one, so I read those who do. Helps prevent misreadings and wild hyperbole some demonstrate.

    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.

  6. #446
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    Re: To cheers, same-sex marriages resume in California [W:381]

    Quote Originally Posted by ernst barkmann View Post
    further?...how do you further your interest, by denying.

    i dont see it that way, ....i would have to show that by gay marriage being made legal, it will not reduce my interest i currently have...be detrimental to the state.
    It doesn't matter how you see it. That is how the SCOTUS sees it. The state must show a legitimate state interest is furthered by a restriction in a law that treats people differently for some reason/in some way. There is no state interest being furthered by restricting marriage on the basis of gender/sex because marriage is gender neutral in how it functions, there is no requirement of procreating in legal marriage, and same sex relationships/marriage in no way do harm.

    So what state interest would be furthered by not allowing same sex couples to marry? Is there some measurable harm that same sex relationships actually do cause that the state simply doesn't reveal? Is there some plan to do away with all non-procreating marriages in the near future? Is there some plan to take away the rights of women or maybe men this time within marriage, making it so marriage is about one gender taking care of the other?

    Example. Most age restrictions on any license or contract are based on the fact that people of younger ages, younger than 16/18 are more irresponsible and not able to either comprehend the responsibilities that come with being able to say drive or be in a marriage.
    "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.

  7. #447
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    Re: To cheers, same-sex marriages resume in California [W:381]

    Quote Originally Posted by Boo Radley View Post
    I don't have one, so I read those who do. Helps prevent misreadings and wild hyperbole some demonstrate.
    well, turn to constitutional laws, for a while, and get out of the statutory section, to clear the air for yourself.

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    Re: To cheers, same-sex marriages resume in California [W:381]

    Quote Originally Posted by roguenuke View Post
    It doesn't matter how you see it. That is how the SCOTUS sees it. The state must show a legitimate state interest is furthered by a restriction in a law that treats people differently for some reason/in some way. There is no state interest being furthered by restricting marriage on the basis of gender/sex because marriage is gender neutral in how it functions, there is no requirement of procreating in legal marriage, and same sex relationships/marriage in no way do harm.

    So what state interest would be furthered by not allowing same sex couples to marry? Is there some measurable harm that same sex relationships actually do cause that the state simply doesn't reveal? Is there some plan to do away with all non-procreating marriages in the near future? Is there some plan to take away the rights of women or maybe men this time within marriage, making it so marriage is about one gender taking care of the other?

    Example. Most age restrictions on any license or contract are based on the fact that people of younger ages, younger than 16/18 are more irresponsible and not able to either comprehend the responsibilities that come with being able to say drive or be in a marriage.
    the states already have constitutional laws on the books, they are looking to maintain the staus quo its baseline steady, of their laws, and not have them stuck down.

    so they are not looking to further anything, they are saying, we deny SSM because its because a man and woman.

    so the state has to show why marriage can only between a man and women, when trying to keep .........things already in place..that status quo

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    Re: To cheers, same-sex marriages resume in California [W:381]

    Quote Originally Posted by ernst barkmann View Post
    the states already have constitutional laws on the books, they are looking to maintain the staus quo its baseline steady, of their laws, and not have them stuck down.

    so they are not looking to further anything, they are saying, we deny SSM because its because a man and woman.

    so the state has to show why marriage can only between a man and women, when trying to keep .........things already in place..that status quo
    And they cannot legitimately say that because marriage, in the way it functions, is gender neutral. You cannot show any laws concerning how marriage works, including the rights, responsibilities, or laws pertaining to the end of a marriage, that are gender dependent. Not legally sound laws. Because in this country, the sexes are supposed to be treated equally unless such unequal treatment can be shown to further a state interest. You can't say that marriage must be restricted to a man and a woman because it is between a man and a woman. That is circular logic. You must show why it must be between a man and a woman in accordance with the laws of marriage that deal with its operations/function.

    Equal protection | LII / Legal Information Institute

    Levels of Scrutiny Under the Equal Protection Clause

    Equal Protection Clause legal definition of Equal Protection Clause. Equal Protection Clause synonyms by the Free Online Law Dictionary.
    "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.

  10. #450
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    Re: To cheers, same-sex marriages resume in California [W:381]

    Quote Originally Posted by ernst barkmann View Post
    well, turn to constitutional laws, for a while, and get out of the statutory section, to clear the air for yourself.
    If these laws coud be written so plainly that everyone would understand very nuance, there'd be no need for the courts to answer questions on them. You need to expand your reading.

    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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