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Thread: Judge strikes down Idaho's same-sex marriage ban

  1. #111
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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by WorldWatcher View Post
    You are talking about two completely different aspects of the law: Same-sex Civil Marriage and Public Accommodation laws.


    Civil Marriage laws are strictly between you (the couple) and the government.

    Public Accommodation laws have to do with regulation of commerce. Such laws have been found constitutional at all levels of judicial review including State Supreme Court (under the 10th Amendment power of the State to regulate commerce) and from a federal level under the enumerated power to regulate interstate commerce.



    The government should not discriminate against it's citizens unless there is a compelling government interest in treating like situated citizens differently. I've watched the debate for going on 10 years and no one has articulated a compelling government interest as to why like situated couples (law abiding, tax paying, US Citizen, infertile, non-related, consenting, adults) should be treated differently based on the gender composition of the couple.

    Public Accommodation laws on the other hand are Constitutional, but just because the government is allowed to do something - doesn't mean it should. I support the repeal of Public Accommodation laws (as applied to private businesses) because - IMHO - they usurp the rights of property and free association of the business owner. Just because I disagree with a law though doesn't make it unconstitutional, the only way we will get rid of Public Accommodation laws is to convince the legislatures to repeal them.



    >>>>
    i am staying as close to rights as close as i can.

    you have natural rights from god....and you have civil rights [privileges /immunities] given to you by government.

    since government gives you privileges/ immunities....it is the one who must honor those, by the 14th, a citizen does not honor privileges and immunities.

    no citizen, can state they have a civil right or natural right on another persons property to exercise using it to force the property owner to do anything......that is excising a right on top of a right.

    you cannot exercise a right on top of a right.........only on top of a power which government has....they are the ones bound to see your rights are secure..........not a citizen who has property.

    and you cannot usurp rights....as you stated
    Last edited by Master PO; 05-14-14 at 01:08 PM.

  2. #112
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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by Deuce View Post
    I'm not convinced it's all that important because I don't think same sex marriage bans can pass rational basis either. The state interest identified is usually procreation, and I'm not sure how someone can rationally believe same sex marriage bans create more babies.
    It probably won't matter because you are right in that SSM bans do not pass Rational Basis Review. However, I am a stickler for details and stuff, and there is less question under Intermediate Scrutiny.

    The procreation argument for SSM bans fails in both logical and legal sense. People who cannot have children can get married and there is no test to a couple's ability to have children, so to deny a group based on procreation is arbitrary, which fai8ls Rational Basis clearly. Plus gay people can have children, and do...and a few other arguments I don't have time to delve into and you probably already know.
    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

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by ernst barkmann View Post
    lets stay in correct respective here

    government cannot discriminate......at all!
    The government can and does discriminate, every single day. There are limits to it's ability to do so, but it can discriminate.
    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

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

  4. #114
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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by Redress View Post
    The government can and does discriminate, every single day. There are limits to it's ability to do so, but it can discriminate.
    well its does, their is a condition to that

    but for the most part it cannot discriminate against a citizen, because it must treat everyone the same...however .......if government can show[in court] it is IN their interest to deny a privilege to a citizen, then it can be found to be legal.

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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by ernst barkmann View Post
    and you cannot usurp rights....as you stated

    I didn't say you cannot usurp rights, I said the government must demonstrate a compelling government interest to justify usurping rights.

    Example:
    1. Right: I have a right to own a fire arm.
    2. Law: A violent felon cannot own a fire arm.
    3. Justification: By breaking the law in a violent manner and individual has shown they cannot handle the responsibilities that go along with exercising a the right to bear arms.

    The legislatures have provided to the courts a plausible compelling government interest in regards for Public Accommodation laws, the courts have accepted their reasoning. The only thing we can do it try to convince the legislators that Public Accommodation laws do more harm than good compared to 3-generations ago.



    >>>>

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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by ernst barkmann View Post
    well its does, their is a condition to that

    but for the most part it cannot discriminate against a citizen, because it must treat everyone the same...however .......if government can show[in court] it is IN their interest to deny a privilege to a citizen, then it can be found to be legal.
    And that is wrong too.
    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

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

  7. #117
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    Re: Judge strikes down Idaho's same-sex marriage ban

    having some problems posting here...

    Public Accommodation laws are not constitutional...why?


    you have natural rights given to you by god........i cannot use those rights on your property...you can have me removed for trespassing.

    you have civil rights [privileges]......how does civil rights created by man, have more power then a right created by god?

  8. #118
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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by ernst barkmann View Post
    no i didn't say that, i said you and the left...i have never not know someone from the left who did not like democracy.

    there are plenty of people on the right who like democracy, and plenty that dont

    people who like democracy are either ignorant of what it really is, or are socialist.
    You do realize direct democracy is not the only form of democracy right?


  9. #119
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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by TheDemSocialist View Post
    You do realize direct democracy is not the only form of democracy right?
    yes i do, however when the people directly vote for laws by referendums, initiatives......that is what direct democracy is.

    if you vote for an official, and he votes for laws and does the bidding of the people, ..that is Representative democracy.

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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by MrVicchio View Post
    Someone missed the point of my point.
    Somebody doesnt have a point.


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