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Thread: Judge orders Indiana to recognize ailing gay woman's marriage

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    Judge orders Indiana to recognize ailing gay woman's marriage

    Indiana must recognize gay marriage: judge - Chicago Tribune

    Judge orders Indiana to recognize ailing gay woman's marriage


    Indiana must recognize immediately a terminally ill gay woman's marriage to her partner in Massachusetts, a federal judge ruled on Thursday. U.S. District Judge Richard Young entered a temporary restraining order that requires the state to recognize the August 2013 marriage of Amy Sandler and her ailing spouse, Nikole Quasney, who was diagnosed with ovarian cancer in 2009. Quasney and Sandler, both 37, joined a pending challenge by several same-sex couples to Indiana's ban on same-sex marriage and ban on recognizing legal marriages of gay couples performed in other jurisdictions. They asked Young in late March to enter an emergency order to force Indiana to recognize their marriage and, should Quasney die, require officials to issue a death certificate that lists Sandler as surviving spouse.
    Couple LG.jpg


    Quasney has undergone multiple surgeries and aggressive chemotherapy since her diagnosis. The ban on recognizing same-sex marriages hinders her ability to seek medical treatment in Indiana because she does not want to go to hospitals that don't consider Sandler her family, attorneys for the women said in court papers. Federal judges in other states also have entered orders requiring states to recognize the marriages of same-sex couples wed in jurisdictions where gay marriage is legal. Momentum has grown toward making same-sex marriage legal since the U.S. Supreme Court in June struck down a key part of the federal Defense of Marriage Act, ruling that legally married same-sex couples are eligible for federal benefits.
    Back Up links
    Federal judge orders Indiana to recognize marriage of gay couple before 1 partner dies | Star Tribune
    Judge orders Indiana to recognize ailing gay woman's marriage | Reuters
    Judge tells Indiana to recognize one same-sex marriage

    Another partial victory. THere are other couples suing in this case and more though.

    This is exactly what i said would happen once DOMA fell. SO many case would come up that would inevitably force lawsuits for the mistreatment of people. Examples of hospital visitation, property rights, etc etc. Dont know if there was any hospitals they had to avoid because they didnt treat this couple as married but its grossly despicable that ANY hospital would do something so ignorant, evil and disrespectful.

    Its also a disgrace that a couple of 13years married with kids in another state wouldnt be granted thier rights and protection in another state. I literally have no idea how anybody thinks they have a legit defense to deny thier fellow americans like this equal rights.

    the good news is theres only 4 states left that arent having this challenged by either lawsuit or legislation. Just 4.

    Since the fall of DOMA there 10 states granted equal rights and another 5 in stay pending an equal rights granting.
    30 federal judges have ruled that marriage is a constitutional right and for equality
    There are over 60 more cases in progress and 44 of them are in federal courts.
    This equal and civil rights battle wont be going one much longer, equality is racking up win after win and it will be national soon!
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    Re: Judge orders Indiana to recognize ailing gay woman's marriage

    I hope they win and that their case will be used as a precedent to legalize all other such unions in states where gay marriage is not yet allowed. There is not one single justifiable reason why government should not recognize the union of two consenting gay adults in the same manner it recognizes the unions of two consenting straight adults. Not one. Churches can justify their dogma and morality all they want and that is their constitutionally given right, I could care less who they deny marriage rights to. The state, however, has no legal or moral leg to stand on when it comes to this issue. It amazes me to no end that it's taking this long in the so-called "land of the free" to settle this matter once and for all.
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    Re: Judge orders Indiana to recognize ailing gay woman's marriage

    Quote Originally Posted by Arcana XV View Post
    I hope they win and that their case will be used as a precedent to legalize all other such unions in states where gay marriage is not yet allowed. There is not one single justifiable reason why government should not recognize the union of two consenting gay adults in the same manner it recognizes the unions of two consenting straight adults. Not one. Churches can justify their dogma and morality all they want and that is their constitutionally given right, I could care less who they deny marriage rights to. The state, however, has no legal or moral leg to stand on when it comes to this issue. It amazes me to no end that it's taking this long in the so-called "land of the free" to settle this matter once and for all.
    In the end, that's why SSM is a losing battle for the GOP. Individual freedom is a better argument than moral disapproval. If I had one piece of advice for the GOP, it would be to pivot the issue over to exactly that. "I believe marriage is between a man and a woman but I also believe it is not the place of the government to dictate that to others for me." Bam, the left's big rallying cry du jour loses a lot of its punch. Push through nationwide marriage rights as fast as possible and take a winning issue away from Democrats.
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    Re: Judge orders Indiana to recognize ailing gay woman's marriage

    Quote Originally Posted by Deuce View Post
    In the end, that's why SSM is a losing battle for the GOP. Individual freedom is a better argument than moral disapproval. If I had one piece of advice for the GOP, it would be to pivot the issue over to exactly that. "I believe marriage is between a man and a woman but I also believe it is not the place of the government to dictate that to others for me." Bam, the left's big rallying cry du jour loses a lot of its punch. Push through nationwide marriage rights as fast as possible and take a winning issue away from Democrats.
    This would be the best move. On a side not many of the GOP already feel this way. Unfortunately this is only a stereotypical stance and squeaky wheel issue that just like you said, it needs to be suppressed and not let to be a platform issue like people are trying making it be.

    individual freedoms, equal, human and civil rights will always trump peoples "feelings"
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    Re: Judge orders Indiana to recognize ailing gay woman's marriage

    Quote Originally Posted by Arcana XV View Post
    There is not one single justifiable reason why government should not recognize the union of two consenting gay adults in the same manner it recognizes the unions of two consenting straight adults. Not one.
    I wholeheartedly agree, but that does not make an ends justify the means approach the right one. Let us be clear, there is nothing even remotely authentic about this flood of challenges to non-recognition of same-sex marriage. This is all a tactic by activist organizations who have opted for staging incidents to get favorable judicial action, recognizing it could be a very long time before more natural or democratic means could achieve the same outcome. Manipulating the system and making up completely new interpretations of the U.S. Constitution to push a political agenda outside of democratic processes is not something anyone should be cheering. Making the constitution say whatever you want it to say in a given case is taking a centuries-old legal document and reducing it to an Etch-a-Sketch.
    "For what is Evil but Good-tortured by its own hunger and thirst?"
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    Re: Judge orders Indiana to recognize ailing gay woman's marriage

    Quote Originally Posted by Demon of Light View Post
    I wholeheartedly agree, but that does not make an ends justify the means approach the right one. Let us be clear, there is nothing even remotely authentic about this flood of challenges to non-recognition of same-sex marriage. This is all a tactic by activist organizations who have opted for staging incidents to get favorable judicial action, recognizing it could be a very long time before more natural or democratic means could achieve the same outcome. Manipulating the system and making up completely new interpretations of the U.S. Constitution to push a political agenda outside of democratic processes is not something anyone should be cheering. Making the constitution say whatever you want it to say in a given case is taking a centuries-old legal document and reducing it to an Etch-a-Sketch.
    Are you suggesting the court system and the government protecting rights is unauthentic?
    What path should be taken then?
    Are you also suggesting that 30 judges have been fooled by a tactic and thier (some very articulate) rulings focusing on rights and freedom are all a farce?
    Also could you tell us what "completely new interpretations of the U.S. Constitution" you are referring too?
    and then what "political agenda outside of democratic process" you are referring too?

    thanks
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    Re: Judge orders Indiana to recognize ailing gay woman's marriage

    Quote Originally Posted by AGENT J View Post
    Indiana must recognize gay marriage: judge - Chicago Tribune


    Back Up links
    Federal judge orders Indiana to recognize marriage of gay couple before 1 partner dies | Star Tribune
    Judge orders Indiana to recognize ailing gay woman's marriage | Reuters
    Judge tells Indiana to recognize one same-sex marriage

    Another partial victory. THere are other couples suing in this case and more though.

    This is exactly what i said would happen once DOMA fell. SO many case would come up that would inevitably force lawsuits for the mistreatment of people. Examples of hospital visitation, property rights, etc etc. Dont know if there was any hospitals they had to avoid because they didnt treat this couple as married but its grossly despicable that ANY hospital would do something so ignorant, evil and disrespectful.

    Its also a disgrace that a couple of 13years married with kids in another state wouldnt be granted thier rights and protection in another state. I literally have no idea how anybody thinks they have a legit defense to deny thier fellow americans like this equal rights.

    the good news is theres only 4 states left that arent having this challenged by either lawsuit or legislation. Just 4.

    Since the fall of DOMA there 10 states granted equal rights and another 5 in stay pending an equal rights granting.
    30 federal judges have ruled that marriage is a constitutional right and for equality
    There are over 60 more cases in progress and 44 of them are in federal courts.
    This equal and civil rights battle wont be going one much longer, equality is racking up win after win and it will be national soon!
    Using this case to promote anything is pretty low class. This case is about a couple who are dealing with cancer and possible death. Dancing in the isles is extremely tasteless.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

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    Re: Judge orders Indiana to recognize ailing gay woman's marriage

    Quote Originally Posted by Redress View Post
    1.)Using this case to promote anything is pretty low class. This case is about a couple who are dealing with cancer and possible death.
    2.)Dancing in the isles is extremely tasteless.
    1.)you are welcome to have that opinion but IMO its a PERFECT example to show why those trying to deny equal rights are so classless. It helps educated people who are so bigoted and ignorant denying rights by showing how thier hate and or want to discriminate effects REAL people and REALITY.

    Many people that are clueless that think its "no big deal" or that gays "already have the same rights" or that "they arent really discriminated against in anyways that matter" can see in this case how they are factually wrong. If they cant then theres no hope for them.

    Its cases just like this that actually help educate the people who just dont know.

    The real low class IMO is those that arent moved by this or the hospitials that would actually deny this couple proper visitation or the people that think this is no big deal to deny them any visitation, rights or protection.


    2.) good thing nobody danced in the isle that IM aware of then.
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    Re: Judge orders Indiana to recognize ailing gay woman's marriage

    Quote Originally Posted by AGENT J View Post
    Are you suggesting the court system and the government protecting rights is unauthentic?
    What path should be taken then?
    Are you also suggesting that 30 judges have been fooled by a tactic and thier (some very articulate) rulings focusing on rights and freedom are all a farce?
    Also could you tell us what "completely new interpretations of the U.S. Constitution" you are referring too?
    and then what "political agenda outside of democratic process" you are referring too?

    thanks
    No one has a right to legal recognition of a marriage. It is not and was not part of the Constitution explicitly or implicitly. Even the Supreme Court has never explicitly stated that people have a right to legal recognition of a marriage. Some judges may have been fooled by that phony reasoning, but I suspect a large number of them simply saw a plausible legal argument that would allow them to implement an agenda they supported before the case even came to them. Since the court system has no meaningful democratic accountability, this is essentially manipulating the courts to circumvent the democratic process. Legislatures and even referendums are proving successful at getting same-sex marriage legalized and cultural acceptance will be easier over time as a result. Not only does this judicial approach betray democracy and attack the integrity of the constitution, it also will generate a lot more hostility.
    "For what is Evil but Good-tortured by its own hunger and thirst?"
    - Khalil Gibran

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    Re: Judge orders Indiana to recognize ailing gay woman's marriage

    Quote Originally Posted by Demon of Light View Post
    No one has a right to legal recognition of a marriage. It is not and was not part of the Constitution explicitly or implicitly. Even the Supreme Court has never explicitly stated that people have a right to legal recognition of a marriage.
    Marriage is one of the "basic civil rights of man."
    -SCOTUS, 1967.

    Some judges may have been fooled by that phony reasoning, but I suspect a large number of them simply saw a plausible legal argument that would allow them to implement an agenda they supported before the case even came to them. Since the court system has no meaningful democratic accountability, this is essentially manipulating the courts to circumvent the democratic process. Legislatures and even referendums are proving successful at getting same-sex marriage legalized and cultural acceptance will be easier over time as a result. Not only does this judicial approach betray democracy and attack the integrity of the constitution, it also will generate a lot more hostility.
    Do you think it was also a betrayal of democracy to overturn interracial marriage bans? Overturn segregation?

    The integrity of the constitution is intact. The people do not have the right to implement a law if that law is unconstitutional. Same-sex marriage bans are unconstitutional.

    Quote Originally Posted by Demon of Light View Post
    I wholeheartedly agree, but that does not make an ends justify the means approach the right one. Let us be clear, there is nothing even remotely authentic about this flood of challenges to non-recognition of same-sex marriage. This is all a tactic by activist organizations who have opted for staging incidents to get favorable judicial action, recognizing it could be a very long time before more natural or democratic means could achieve the same outcome. Manipulating the system and making up completely new interpretations of the U.S. Constitution to push a political agenda outside of democratic processes is not something anyone should be cheering. Making the constitution say whatever you want it to say in a given case is taking a centuries-old legal document and reducing it to an Etch-a-Sketch.
    You are attempting to handwave the entirety of the jurisprudence on the subject without actually responding to any of it. Equal protection is not a new invention, it has specific mechanics as to how it applies and it is being applied to this question. And your side is losing. If you really think the constitutional arguments that these judges are making are wrong, why don't you post some excerpts and actually present a rebuttal?
    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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