Page 12 of 19 FirstFirst ... 21011121314 ... LastLast
Results 111 to 120 of 183

Thread: Arkansas judge strikes down gay marriage ban

  1. #111
    Sage
    roguenuke's Avatar
    Join Date
    Nov 2007
    Location
    Raleigh, NC
    Last Seen
    05-17-17 @ 05:55 PM
    Gender
    Lean
    Moderate
    Posts
    28,935

    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by Paleocon View Post
    They don't require him to.
    They allow him to. And his oath to the US Constitution requires him to follow his judgement on whether something violates the Constitution or not. If he believes that a law violates the US Constitution, then it is his responsibility under that oath to rule as such.
    "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.

  2. #112
    Bohemian Revolutionary
    Demon of Light's Avatar
    Join Date
    May 2010
    Last Seen
    03-07-17 @ 12:25 AM
    Gender
    Lean
    Independent
    Posts
    5,095

    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by WorldWatcher View Post
    #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.



    >>>>
    It is fairly obvious that it was meant to undermine state laws. At the time there were fears that states could begin recognizing gay marriage, specifically Hawaii, and this was a way of undermining any such decision by the states. Saying that a marriage legal in the state is not recognized by the federal government undermines the state's exercise of its rights to determine legal marriage, the determination of legal marriage being the domain of the states. The federal government was discriminating against legal marriages for no reason other than to show disapproval of decisions that are the sole domain of the states.

    As far as not getting benefits, that is not a penalty. Paying taxes that others who are not married would pay is not a penalty. They are not being penalized for being gay. Lack of recognition is not a penalty.
    "For what is Evil but Good-tortured by its own hunger and thirst?"
    - Khalil Gibran

  3. #113
    Guru
    WorldWatcher's Avatar
    Join Date
    Jun 2013
    Last Seen
    Yesterday @ 04:10 PM
    Gender
    Lean
    Independent
    Posts
    3,041

    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by Demon of Light View Post
    As far as not getting benefits, that is not a penalty. Paying taxes that others who are not married would pay is not a penalty. They are not being penalized for being gay. Lack of recognition is not a penalty.

    Being denied access to Civil Marriage, that translates into being denied benefits and tax relief on an equal footing with other equally situated couples, ya that's a penalty.


    >>>>

  4. #114
    Outer space potato man

    Join Date
    Feb 2010
    Last Seen
    Yesterday @ 08:17 PM
    Gender
    Lean
    Undisclosed
    Posts
    51,785

    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by Paleocon View Post
    They don't require him to.
    So read the judgment and tell us which part is incorrect.
    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.

  5. #115
    Banned
    Join Date
    Dec 2013
    Last Seen
    06-30-16 @ 07:32 PM
    Gender
    Lean
    Very Conservative
    Posts
    13,309
    Blog Entries
    1

    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by roguenuke View Post
    They allow him to. And his oath to the US Constitution requires him to follow his judgement on whether something violates the Constitution or not. If he believes that a law violates the US Constitution, then it is his responsibility under that oath to rule as such.
    And the legislature, by impeachment, and the people, by election, are permitted to remove him from office.

    Quote Originally Posted by Deuce View Post
    So read the judgment and tell us which part is incorrect.
    The part where he declared the marriage amendment unconstitutional.

  6. #116
    Sage
    roguenuke's Avatar
    Join Date
    Nov 2007
    Location
    Raleigh, NC
    Last Seen
    05-17-17 @ 05:55 PM
    Gender
    Lean
    Moderate
    Posts
    28,935

    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by Paleocon View Post
    And the legislature, by impeachment, and the people, by election, are permitted to remove him from office.

    The part where he declared the marriage amendment unconstitutional.
    The people can remove anyone they wish by election. That is pretty much the point of an election.

    The legislature has already said that most of them do not support impeaching a judge for making a ruling that some do not agree with. He didn't do anything against the laws or ethics of a judge.

    The only talk of impeachment has come from some of the less reputable representatives.
    "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. #117
    Banned
    Join Date
    Dec 2013
    Last Seen
    06-30-16 @ 07:32 PM
    Gender
    Lean
    Very Conservative
    Posts
    13,309
    Blog Entries
    1

    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by roguenuke View Post
    The people can remove anyone they wish by election. That is pretty much the point of an election.

    The legislature has already said that most of them do not support impeaching a judge for making a ruling that some do not agree with. He didn't do anything against the laws or ethics of a judge.

    The only talk of impeachment has come from some of the less reputable representatives.
    Exactly.

    Aside from this, what makes them less reputable?

  8. #118
    Outer space potato man

    Join Date
    Feb 2010
    Last Seen
    Yesterday @ 08:17 PM
    Gender
    Lean
    Undisclosed
    Posts
    51,785

    Re: Arkansas judge strikes down gay marriage ban

    Quote Originally Posted by Paleocon View Post
    And the legislature, by impeachment, and the people, by election, are permitted to remove him from office.



    The part where he declared the marriage amendment unconstitutional.
    That's not a rebuttal of his legal reasoning. But hey, if that's all you have, that's all you have.
    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.

  9. #119
    Sage
    Navy Pride's Avatar
    Join Date
    Jul 2005
    Location
    Pacific NW
    Last Seen
    05-07-15 @ 02:01 PM
    Gender
    Lean
    Very Conservative
    Posts
    39,883

    Re: Arkansas judge strikes down gay marriage ban

    Everyone remember this decision is being appealed.
    "God Bless Our Troops in Harms Way."

  10. #120
    Sage
    Navy Pride's Avatar
    Join Date
    Jul 2005
    Location
    Pacific NW
    Last Seen
    05-07-15 @ 02:01 PM
    Gender
    Lean
    Very Conservative
    Posts
    39,883

    Re: Arkansas judge strikes down gay marriage ban

    I think it was Indiana where activist judges voted to allow gay marriage and in the next election most were voted out of office by the people.
    "God Bless Our Troops in Harms Way."

Page 12 of 19 FirstFirst ... 21011121314 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •