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Thread: Federal judge strikes down Utah’s ban on same-sex marriage[W:780]

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    Re: Federal judge strikes down Utah’s ban on same-sex marriage

    Quote Originally Posted by WorldWatcher View Post
    Notice I used the term "Civil Marriage" which means that the marriage was entered into in a jurisdiction where Same-sex Civil Marriage is legal.

    Your comment (quoted above) was that the Federal government doesn't recognize SSCM. That was incorrect, in United States v. Windsor Section 3 of DOMA was overturned the the Federal government does recognize SSCM from the States now. The State of residence of the couple is not a factor, the Federal government recognizes based on the State or origination (or DC, either one).
    So any state can choose to not have gay marriages?

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    Re: Federal judge strikes down Utah’s ban on same-sex marriage

    Quote Originally Posted by scatt View Post
    Again, because rights are completely made up and can be created or destroyed with legislation or court orders, if the government does not see marriage as beyond what marriage is (heterosexual), they won't.
    Which is exactly why in many cases those laws are not surviving judicial review. Checks and balances at work for stupid laws.

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    Re: Federal judge strikes down Utah’s ban on same-sex marriage

    Quote Originally Posted by scatt View Post
    So any state can choose to not have gay marriages?

    We don't know that yet. No case were that has that as a core question has been heard and an opinion issued by the Court on the matter. Currently States can discriminate based on gender in their Civil Marriage laws, whether that will continue is unknown. Prop 8 was a case the court could have ruled on, but they punted with the "Standing" ruling and left Prop 8 as unconstitutional but with addressing the core question. Since, presumably, Utah's Governor and AG will challenge the District Court Judges decision, the first step will be the 10th Circuit.

    It's like asking the question in 1966: "So any state can choose to not have interracial marriages?". At that time the answer was "yes". However in 1967 the SCOTUS recognized that such bans were unconstitutional and from that point the answer became "no".



    >>>>

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    Re: Federal judge strikes down Utah’s ban on same-sex marriage

    Quote Originally Posted by scatt View Post
    Except it is not a right yet.
    Marriage is a right in the United States right now. Period. It is simply a right that is wrongly denied to many same-sex couples on a completely unconstitutional basis. The issue is not a right that is nonexistent. The issue is a right being denied.
    "Give me your tired, your poor, your huddled masses yearning to breathe free."
    "When we live authentically we create an opportunity for others to walk out of their dark prisons of pretend into freedom."

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    Re: Federal judge strikes down Utah’s ban on same-sex marriage

    Quote Originally Posted by Lakryte View Post
    Marriage is a right in the United States right now. Period. It is simply a right that is wrongly denied to many same-sex couples on a completely unconstitutional basis. The issue is not a right that is nonexistent. The issue is a right being denied.
    Gay marriage is not a federal "right."

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    Re: Federal judge strikes down Utah’s ban on same-sex marriage

    Quote Originally Posted by Morton View Post
    Tell that to the 9th amendment.
    The 9th amendment reinforces my point.
    "Give me your tired, your poor, your huddled masses yearning to breathe free."
    "When we live authentically we create an opportunity for others to walk out of their dark prisons of pretend into freedom."

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    Re: Federal judge strikes down Utah’s ban on same-sex marriage

    Quote Originally Posted by scatt View Post
    Gay marriage is not a federal "right."
    Strawman. Please reread my last 5 or so posts.
    "Give me your tired, your poor, your huddled masses yearning to breathe free."
    "When we live authentically we create an opportunity for others to walk out of their dark prisons of pretend into freedom."

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    Re: Federal judge strikes down Utah’s ban on same-sex marriage

    Quote Originally Posted by Lakryte View Post
    Strawman. Please reread my last 5 or so posts.
    Marriage is two opposite sex people.

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    Re: Federal judge strikes down Utah’s ban on same-sex marriage

    Quote Originally Posted by scatt View Post
    Marriage is two opposite sex people.
    And it was previously two same-race people. Your argument is as sensible as saying interracial marriage bans did not deny the right of marriage to interracial couples. Clearly such bans did do so, just as same-sex marriage bans deny the right of marriage to same-sex couples. The question is if denying the right to certain groupos is constitutionally justified or not, not whether the right exists.
    "Give me your tired, your poor, your huddled masses yearning to breathe free."
    "When we live authentically we create an opportunity for others to walk out of their dark prisons of pretend into freedom."

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    Re: Federal judge strikes down Utah’s ban on same-sex marriage

    Quote Originally Posted by Lakryte View Post
    And it was previously two same-race people. Your argument is as sensible as saying interracial marriage bans did not deny the right of marriage to interracial couples. Clearly such bans did do so, just as same-sex marriage bans deny the right of marriage to same-sex couples. The question is if denying the right to certain groupos is constitutionally justified or not, not whether the right exists.
    It is not my argument, it is the law.

    I do not support state intervention into marriage.

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