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

  1. #21
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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by ernst barkmann View Post
    then i wlll ask you...why do states have referendums then?

    if the people cannot have a referendum and create an amendment...then they sure as H*ll...... cannot create a local law to take away rights of business owners to have smoking in their business.
    They can put into place any laws they choose. However, if those laws/amendments violate any part of the US Constitution, then they are going to be struck down as unenforceable laws when challenged.

    If you believe that a law legitimately violates a constitutional provision/rights guarantee, and you can actually show that you are indeed affected by this law, then challenge the law. You may win, but you may not. It will depend upon the circumstances of the case, mainly how the law affects you and what the state's reasoning is for the law.
    "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: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by ernst barkmann View Post
    then i wlll ask you...why do states have referendums then?

    if the people cannot have a referendum and create an amendment...then they sure as H*ll...... cannot create a local law to take away rights of business owners to have smoking in their business.
    We're conflating issues here.

    State or local referendums cannot infringe on the rights of others granted in the US Constitution. Certain implied rights, like the right to smoke in public places are not guaranteed. No one is stating that you cannot smoke, just that you cannot do it where it may harm others (second hand smoke studies by medical professionals).

    This topic is not related to that topic. For instance, I hate local zoning laws. Yet, they have been found Constitutional in that they protect others from potential harm from others, and allow the local government to establish a plan for development of the community and local economy that benefits the whole. But, like I said, I hate those laws.

    In this instance, the Equal Protection Clause:

    Amendment XIV
    Section 1.

    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
    If a state law allows a license to be issued to two people to get married, they have to allow any two people to get married.

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

    Quote Originally Posted by roguenuke View Post
    They can put into place any laws they choose. However, if those laws/amendments violate any part of the US Constitution, then they are going to be struck down as unenforceable laws when challenged.

    If you believe that a law legitimately violates a constitutional provision/rights guarantee, and you can actually show that you are indeed affected by this law, then challenge the law. You may win, but you may not. It will depend upon the circumstances of the case, mainly how the law affects you and what the state's reasoning is for the law.
    here is my point!!!!!

    state governments are to be republican forms of government........in true republican forms there are NO REFERENDUMS....ITS illegal according to constitutional law.

    because you see with these referendums, rights of individual citizens are not secure...the people through direct democracy,. are taking people's rights away.....which have to be directed to the USSC TO OVER TURN THEM.....

    THE FOUNDERS HATED REFERENDUMS,. ........which is why no state or the federal government is supposed to be democratic!

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

    Quote Originally Posted by roguenuke View Post
    They can put into place any laws they choose. However, if those laws/amendments violate any part of the US Constitution, then they are going to be struck down as unenforceable laws when challenged.

    If you believe that a law legitimately violates a constitutional provision/rights guarantee, and you can actually show that you are indeed affected by this law, then challenge the law. You may win, but you may not. It will depend upon the circumstances of the case, mainly how the law affects you and what the state's reasoning is for the law.
    Well said.

    And, I see you're from the big city. I'm from Gaston County. The large metropolis of Dallas, NC - well, actually in the country about 5 miles outside of town.

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

    Quote Originally Posted by ernst barkmann View Post
    here is my point!!!!!

    state governments are to be republican forms of government........in true republican forms there are NO REFERENDUMS....ITS illegal according to constitutional law.

    because you see with these referendums, rights of individual citizens are not secure...the people through direct democracy,. are taking people's rights away.....which have to be directed to the USSC TO OVER TURN THEM.....

    THE FOUNDERS HATED REFERENDUMS,. ........which is why no state or the federal government is supposed to be democratic!
    On a Federal level, you're correct. On a state and local level, the Tenth Amendment allows it, yet those referendum cannot infringe on the rights granted in the US Constitution - Superiority of law.

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

    Quote Originally Posted by TheDemSocialist View Post
    Read more @: Judge strikes down Idaho's same-sex marriage ban | KTVB.COM Boise

    Keep the equality tide rolling[/FONT][/COLOR]
    Really? I hadn't even heard about the law...how could I have voted on it?

    In anycase, good on the judge. Marriage is a right between two consenting adults.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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

    Quote Originally Posted by Beaudreaux View Post
    On a Federal level, you're correct. On a local level, the Tenth Amendment allows it, yet those referendum cannot infringe on the rights granted in the US Constitution - Superiority of law.
    wrong...every state is to be republican in its form...it cannot be democratic...if a state and its people change their form of government,..then that state must leave the union...that is constitutional law.

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

    Quote Originally Posted by Gipper View Post
    Won't survive appeals.
    I find that unlikely. The courts are not divided on this, they all are ruling the same way, that under EPC, SSM bans do not stand up to even Rational Basis Review. That there is a good case that SSM would fall under Intermediate Scrutiny makes it even more likely that these cases will be upheld. I have a suspicion that SCOTUS will end up refusing to hear the appeal, leaving the lower ruling intact while not actually taking a stand themselves.
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    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 Gipper View Post
    Won't survive appeals.
    Would you like to make a bet on that? Say...a years worth of DP donation?
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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

    the Union is an association of the people of republics; its preservation is calculated to depend on the preservation of those republics. The people of each pledge themselves to preserve that form of government in all. Thus each becomes responsible to the rest, that no other form of government shall prevail in it, and all are bound to preserve it in every one.

    But the mere compact, without the power to enforce it, would be of little value. Now this power can be no where so properly lodged, as in the Union itself. Hence, the term guarantee, indicates that the United States are authorized to oppose, and if possible, prevent every state in the Union from relinquishing the republican form of government, and as auxiliary means, they are expressly authorized and required to employ their force on the application of the constituted authorities of each state, "to repress domestic violence." If a faction should attempt to subvert the government of a state for the purpose of destroying its republican form, the paternal power of the Union could thus be called forth to subdue it.

    William Rawle, A View of the Constitution of the United States 295--304, 305--7 1829 (2d ed.)
    Last edited by Kal'Stang; 05-14-14 at 08:46 PM. Reason: Edited to put in compliance with the rules.

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