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Thread: Arkansas judge strikes down gay marriage ban

  1. #91
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    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by Paleocon View Post
    To the unjust Judge, the dishonorable Chris Piazza, who fears neither God nor any man:

    "You belong to your father the devil and you willingly carry out your father's desires"

    "You have sat too long for any good you have been doing... Depart, I say; and let us have done with you. In the name of God, go!"

    Please sir, just leave, go to some Godless state like New York, you will never be elected in Arkansas again, the House may even impeach you.

    Oh, and may you never bear fruit again.
    how dare he grant same sex couples justice nothing god hates more then doing unto others what you would have them do unto you

    every one curse him its what Jesus would do

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    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by Demon of Light View Post
    The DOMA case is different as that was the federal government interfering with the affairs of the states. It was intended to undermine the laws of the states on a matter where the federal government had no constitutional authority.

    #1 Excuse me, you said "No one is being penalized by non-recognition of gay marriage.", the Windsor case expressly disproves that claim in that Windsor would have been subject to over $350,000 in taxes specifically because their marriage wasn't recognized. States also have income taxes, pension benefits, empployer health insurance, the concept of "assumed parentage" on the birth of a child***, seemless (untaxed) transfer of property between spouses, "family" rates for spouses [in terms of home, auto, life, health, etc. insurance], recognition of the family relationship of a spouse in various legal matters including wrongful death, State tuition calculations for instate post-high school schools, equitable distribution of property in case of a divorce, default medical decision power as the default next-of-kin in the case of an accident and lacking a Medical Power of Attorney, etc., etc.

    #2 DOMA did nothing to interfere with State tax law, it was based on Federal tax law.

    #3 How could DOMA be passed to undermine the laws of the States, in 1996 when it was passed there were no States with Same-sex Civil Marriage.

    #4 Article 1 Section 4 (Full Faith and Credit Clause) expressly grants Congress the power to determine the effect of public acts between the States (of which Civil Marriage is a public act) and the 16th Amendment allows the Federal government to lay and collect taxes on income. Section 2 of DOMA (which still stands BTW) falls under Article I Section 4 and Federal Tax law falls under the 16th Amendment (which impacted Section 3, the part found unconstitutional).



    *******************************

    *** This means that the spouses in a Civil Marriage are the legal parents upon of the birth of a child something recognized in all 50 States for different sex couples. A marriage different sex couple in California has a child, they are both legally the parents at the time of birth. They travel to Virginia, they are still both the legal parents. However for a legally marriage same-sex couple, the law doesn't function the same. Virginia passed a State Constitutional amendment barring not only Civil Marriage but any legal actions that attempt to recreate the benefits of Civil Marriage. A different-sex couple are married, they have a child, they are both the legal parents. If that couple were to visit Virginia, the non-biological parent would no longer have legal parent status as the basis of that parentage is a legal marriage that Virginia considers invalid.



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    Last edited by WorldWatcher; 05-12-14 at 08:46 AM.

  3. #93
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    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by Demon of Light View Post
    The DOMA case is different as that was the federal government interfering with the affairs of the states. It was intended to undermine the laws of the states on a matter where the federal government had no constitutional authority.
    The 14th Amendment applies in the case of state laws instead of others that are used when it comes to the federal government. The states are held to the same standard of the Constitution as the federal government is. Marriage has been ruled a right, as is equal protection under the law, which means the states must still show that they have a reasonable state interest being furthered by any restriction in a law. This same exact concept has been used at least three times to strike down state marriage laws, Loving v VA, Turner v Safley, and Zablocki v Redhail.
    "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: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by Paleocon View Post
    To the unjust Judge, the dishonorable Chris Piazza, who fears neither God nor any man:

    "You belong to your father the devil and you willingly carry out your father's desires"

    "You have sat too long for any good you have been doing... Depart, I say; and let us have done with you. In the name of God, go!"

    Please sir, just leave, go to some Godless state like New York, you will never be elected in Arkansas again, the House may even impeach you.

    Oh, and may you never bear fruit again.
    It would be completely wrong (and most likely against some laws or rules) for them to impeach this judge for making a judgement that some or even many disagree with. It would undermine the entire point of having judges review our laws and our justice system. There is a reason we have appeals courts and even higher courts.
    "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: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by blarg View Post
    how dare he grant same sex couples justice nothing god hates more then doing unto others what you would have them do unto you

    every one curse him its what Jesus would do
    One of those quotes was from Jesus.

    And did you really not get the joke in the last comment?

    Quote Originally Posted by roguenuke View Post
    It would be completely wrong (and most likely against some laws or rules) for them to impeach this judge for making a judgement that some or even many disagree with. It would undermine the entire point of having judges review our laws and our justice system. There is a reason we have appeals courts and even higher courts.
    The impeachment process is not subject to judicial review.

    In any case, he's up for reelection later this year. He will lose.

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    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by Paleocon View Post
    The impeachment process is not subject to judicial review.

    In any case, he's up for reelection later this year. He will lose.
    It is subject to review of the people in whether it was conducted as a witch hunt or a true violation of the law.

    We'll see. The same has been said of other judges as well. It could happen, but such a reaction would only go to show the extreme hatred and stupidity of those who are anti-ssm if they are going to vote out a judge due to an unpopular ruling that won't likely matter in the grand scheme of things since same sex marriage will almost certainly be made legal in every state in the next 5 years by the SCOTUS.
    "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: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by roguenuke View Post
    It is subject to review of the people in whether it was conducted as a witch hunt or a true violation of the law.

    We'll see. The same has been said of other judges as well. It could happen, but such a reaction would only go to show the extreme hatred and stupidity of those who are anti-ssm if they are going to vote out a judge due to an unpopular ruling that won't likely matter in the grand scheme of things since same sex marriage will almost certainly be made legal in every state in the next 5 years by the SCOTUS.
    Actually while the legislators in question can be voted out over it, an impeachment itself cannot be overturned, and the Senate has the power when impeaching to forbid the individual from holding office again.

    It will happen. I live in Arkansas, and we're not going to leave the judge who introduced legal same-sex marriage to the state in office.

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    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by AGENT J View Post
    never claimed that, thank you for posting a meanignless failed strawman though. LMAO
    But they made this rulling 14 times along with 1000+ other lower court rullinns

    let us know when you have somethign factual that supports you . . .
    Fails even more hilariously because the rulings supporting slavery were rulings to support stripping people of ALL their rights for arbitrary reasons. Here the court is enforcing rights - they're sort of opposite positions. And the courts when operating as intended exist really to enforce rights, not deny them to some classes of people because the majority wills it.

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    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by Paleocon View Post
    Actually while the legislators in question can be voted out over it, an impeachment itself cannot be overturned, and the Senate has the power when impeaching to forbid the individual from holding office again.

    It will happen. I live in Arkansas, and we're not going to leave the judge who introduced legal same-sex marriage to the state in office.
    It is not likely to happen. Especially since you seem to be at least one vote short of 2/3rds Republicans in the Senate (assuming however unlikely it is that all the Republicans in this legislature would go along with this call to impeachment), and in all likelihood, not all of those are going to agree with impeaching a judge for ruling on something in a way the people do not agree with, especially given the current public opinion on same sex marriage and the younger view on it, even in Arkansas. That would be political suicide.

    Even getting the impeachment started would be difficult since there is just barely a majority of Republicans in the House, and the same thing holds true above, that those who brought an impeachment up would be risking a lot for such an issue.

    And I can find polls that say that a good percent of even Arkansas voters support same sex marriage.

    Gay Marriage Poll Results for Arkansas

    Arkansas attitudes improving on gay equality; state leader speaks up | Arkansas Blog | Arkansas news, politics, opinion, restaurants, music, movies and art

    "The bipartisan poll found that 61 percent of Arkansans under age 30 support marriage equality,..."

    "The link to fuller poll results shows overall opposition to marriage equality continues in Arkansas. But the number was 55-38, compared with the 75 percent that approved the marriage ban in 2004. "

    Just over half of the population of Arkansas supports the marriage ban. That is not a lot. Certainly not a logical amount to risk political suicide for just to impeach a judge who ruled a way the government does not approve of. It would be petty and cowardly for any lawmakers to do this, and would not go over well at all with young voters.

    Update: From the Arkansas Speaker of the House, David Carter,

    "Trying to impeach a Judge because you don't like his or her decision notwithstanding the subject matter is absurd and goes against hundreds of years of the way our great country has conducted business under our three branches of government. Circuit judges are elected by the people, as are our appellate and state Supreme Court judges. The appellate process needs to run its course. Our forefathers saw the importance of our constitution and system of self-governance. That system has worked well for a long time and make us who we are as a country. I won't support any effort to undermine that."

    http://www.arkansasmatters.com/story...EkyDiIWl4xjjEg
    Last edited by roguenuke; 05-12-14 at 11:15 AM.
    "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. #100
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    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by Paleocon View Post
    Actually while the legislators in question can be voted out over it, an impeachment itself cannot be overturned, and the Senate has the power when impeaching to forbid the individual from holding office again.

    Actually it is the House that impeaches, upon a vote to impeach it is the Senate that tries the impeachment.


    LITTLE ROCK, AR -- Speaker of the House Davy Carter has issued a response to the "impeachment chatter" following the ruling which declares the same-sex marriage ban unconstitutional.

    The following is the direct quote from Carter:

    "Trying to impeach a Judge because you don't like his or her decision notwithstanding the subject matter is absurd and goes against hundreds of years of the way our great country has conducted business under our three branches of government. Circuit judges are elected by the people, as are our appellate and state Supreme Court judges. The appellate process needs to run its course. Our forefathers saw the importance of our constitution and system of self-governance. That system has worked well for a long time and make us who we are as a country. I won't support any effort to undermine that."


    AR State Senator Talks Impeachment After Judge's Same Sex Ruling - Local News, Weather, Sports, and Community for Central Arkansas
    http://www.arkleg.state.ar.us/assemb...tution1874.pdf


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