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Thread: Va. AG's office: Gay marriage ban unconstitutional[W:183]

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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by Deuce View Post
    Regardless, spousal privilege exists and cannot be duplicated by private contract other than marriage.
    Because of regulation?

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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by scatt View Post
    Because of regulation?
    Not really relevant. Spousal privilege exists, and a same-sex couple is denied this. Therefore equal protection is not satisfied.

    Feel free to start a different thread about the specific topic and your notion of removing those barriers. It would make for an interesting discussion, I think. It would have a large effect on the criminal justice system.
    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: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by Deuce View Post
    Not really relevant.
    But true?

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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by scatt View Post
    Not only does it prevent same-sex couples from getting married, it prevents them from even entering into a civil union or any contract that might grant marriage-like benefits.
    They can contract to do that in any state.

    Not in many states, as quite a few of them when banning Civil Marriage also banned state recognition of "marriage like" contracts as not to be recognized.

    For example here is Virginia's Constitution:

    "Section 15-A. Marriage.

    That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."



    >>>>

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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by scatt View Post
    They can contract to do that in any state.
    No, they cannot do that in all states

    The states which currently ban gay marriage and civil unions are: Alabama, Arkansas, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Michigan, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Virginia.
    .
    “And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.”
    ~ James Madison, letter to Edward Livingston, July 10, 1822

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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by Somerville View Post
    No, they cannot do that in all states

    .

    Virginia doesn't just ban Civil Unions, the ban private contracts that attempt to approximate the benefits of Civil Marriage.



    >>>>

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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by WorldWatcher View Post
    Not in many states, as quite a few of them when banning Civil Marriage also banned state recognition of "marriage like" contracts as not to be recognized.

    For example here is Virginia's Constitution:

    "Section 15-A. Marriage.

    That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."



    >>>>
    That says the state cannot make the contract. Most contracts exist outside the state.

    Quote Originally Posted by Somerville View Post
    No, they cannot do that in all states
    Those states ban contracts?

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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by scatt View Post
    Quote Originally Posted by WorldWatcher View Post
    Not in many states, as quite a few of them when banning Civil Marriage also banned state recognition of "marriage like" contracts as not to be recognized.

    For example here is Virginia's Constitution:

    "Section 15-A. Marriage.

    That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."


    Quote Originally Posted by scatt View Post
    That says the state cannot make the contract. Most contracts exist outside the state.



    Those states ban contracts?
    >>>>
    That says the state cannot make the contract. Most contracts exist outside the state.

    You should read the bolded part again, it says that the state will not create "or recognize".


    All contracts exist within state law, that's how contracts are enforced. If two parties enter into a contract and one decides not up uphold their portion of the contract, the offended party sues the delinquent party in court. Courts are function of government (i.e. the state).

    Quote Originally Posted by scatt View Post
    Those states ban contracts?
    Yes, quite a few ban contracts, such as Virginia, between private individuals that have the intent of approximating Civil Marriage by duplicating aspect of marriage in the contract when such contracts are created by members of the same gender.


    >>>>

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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by WorldWatcher View Post
    You should read the bolded part again, it says that the state will not create "or recognize".


    All contracts exist within state law, that's how contracts are enforced. If two parties enter into a contract and one decides not up uphold their portion of the contract, the offended party sues the delinquent party in court. Courts are function of government (i.e. the state).


    >>>>
    What "benefit, privilege, or right" is banned here?

    The bolded part does not negate thr vast majority of contracts existing outside the state.

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    Re: Va. AG's office: Gay marriage ban unconstitutional

    Quote Originally Posted by scatt View Post
    What "benefit, privilege, or right" is banned here?

    The bolded part does not negate thr vast majority of contracts existing outside the state.
    Vast majority is not all, therefore equal protection is not satisfied.
    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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