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Oregon Ruling Marks 13th Straight Gay Marriage Win[W:48]

Paxaeon

Paxaeon

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"A federal judge on Monday struck down Oregon's voter-approved ban on gay marriage, saying it is unconstitutional.

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U.S. District Judge Michael McShane said the ban unconstitutionally discriminates against same-sex couples and ordered the state not to enforce it. State officials earlier refused to defend the constitutional ban in court.
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McShane joined judges in seven other states who have struck down gay marriage bans, though appeals are underway.
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Oregon state officials have said they'd be prepared to carry out same-sex marriages almost immediately, and couples lined up outside the county clerk's office in Portland in anticipation of the McShane's decision." - Source

It's the domino effect.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

As a resident of Oregon, I was going to post this, but I got distracted and you beat me to it.

This is great news. About 10 years ago SS, marriage was legal here in Oregon for a short period. The recipient of our daughter's heart (she was killed in a traffic accident) married his partner.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

pbrauer said:
As a resident of Oregon, I was going to post this, but I got distracted and you beat me to it.

This is great news. About 10 years ago SS, marriage was legal here in Oregon for a short period. The recipient of our daughter's heart (she was killed in a traffic accident) married his partner.
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Could you do me a favor? Go to the link I posted and tell me what the headline is? I seem to have been hijacked...and yes, it is Great news.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

Paxaeon said:
Could you do me a favor? Go to the link I posted and tell me what the headline is? I seem to have been hijacked...and yes, it is Great news.
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i think your link is working now. GReat news.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

These sage judges suddenly realized that the 14th amendment, passed in 1868, means that SSM must be allowed.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

Paxaeon said:
Could you do me a favor? Go to the link I posted and tell me what the headline is? I seem to have been hijacked...and yes, it is Great news.

This was the original I linked to;
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zzzzz.jpg


Apparently between the time I read the article and posted it, ABC changed the headline.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

ttwtt78640 said:
These sage judges suddenly realized that the 14th amendment, passed in 1868, means that SSM must be allowed.
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No. The Constitution ratified in 1789 does that. The 14th and the 5th are both Right to Privacy and Equal Protection amendments. Both are used in conjuction as judicial reasoning.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

Paxaeon said:
"A federal judge on Monday struck down Oregon's voter-approved ban on gay marriage, saying it is unconstitutional.

​
U.S. District Judge Michael McShane said the ban unconstitutionally discriminates against same-sex couples and ordered the state not to enforce it. State officials earlier refused to defend the constitutional ban in court.
​
McShane joined judges in seven other states who have struck down gay marriage bans, though appeals are underway.
​
Oregon state officials have said they'd be prepared to carry out same-sex marriages almost immediately, and couples lined up outside the county clerk's office in Portland in anticipation of the McShane's decision." - Source

It's the domino effect.
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This is not unexpected, Oregon is a very liberal state....It will be appealed.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

ttwtt78640 said:
These sage judges suddenly realized that the 14th amendment, passed in 1868, means that SSM must be allowed.
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Activist judges strike again. We shall see what the SCOTUS says about this.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

Navy Pride said:
This is not unexpected, Oregon is a very liberal state....It will be appealed.
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It's another failure of an Attorney General who won't defend the state's laws. And Oregon isn't as liberal as you might expect given the MSM's talk of the state. It's basically a couple of high density cities in the state that give it that liberal rep. That and we are very much into keeping our state green (not the weenie PC green, but the green growing things green).

I, and others here, want our AG out over this failure to do the duty. This asshat McShane was appointed by Obama and their whole schtick is to get so many homosexuals married that there's no going back. Same tactic as they used with Obamacare.

At the very least we'll have to wait another two years to vote the idiot out.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

I am still trying to figure out the part of the Constitution that says you have to suspend your religious beliefs and be forced to participate in these unholy matrimonies if you have a business.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

Navy Pride said:
Activist judges strike again. We shall see what the SCOTUS says about this.
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Ooooohhh...we're skeeered!

Look out! There's a gay couple right behind you, pointing their Gay Ray at you to turn you gay, and force your children into same-sex marriages! And they're going to round up all the heteros and force them into heterosexuality correction therapy since we all know that within every hetero is a gay person screaming to come out! Oh, yeah, and they'll outlaw the missionary position, too....
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

ksu_aviator said:
I am still trying to figure out the part of the Constitution that says you have to suspend your religious beliefs and be forced to participate in these unholy matrimonies if you have a business.
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You're not being asked to participate - very, very few of them would even consider you for a threesome.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

Glen Contrarian said:
You're not being asked to participate - very, very few of them would even consider you for a threesome.
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No one cares for your sicko fantasies, keep them to yourself. And btw, we DID participate - we voted to not allow homosexual marriage.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

ksu_aviator said:
I am still trying to figure out the part of the Constitution that says you have to suspend your religious beliefs and be forced to participate in these unholy matrimonies if you have a business.
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The part Obama decided was there. He's appointed judges to make it so.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

clownboy said:
It's another failure of an Attorney General who won't defend the state's laws. And Oregon isn't as liberal as you might expect given the MSM's talk of the state. It's basically a couple of high density cities in the state that give it that liberal rep. That and we are very much into keeping our state green (not the weenie PC green, but the green growing things green).

I, and others here, want our AG out over this failure to do the duty. This asshat McShane was appointed by Obama and their whole schtick is to get so many homosexuals married that there's no going back. Same tactic as they used with Obamacare.

At the very least we'll have to wait another two years to vote the idiot out.
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What's wrong with Same Sex marriage, how does it affect you if two men or two women marry each other?
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

pbrauer said:
What's wrong with Same Sex marriage, how does it affect you if two men or two women marry each other?
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Who cares? What's wrong with walking around naked in public all day? That's against the law too. The people of the state are against it, they each have their own reasons for being against it. The people of the state voted and made the law. That's enough right there.

Now for the inevitable raping and reimagining of the US Constitution by those who want homosexual marriage.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

ksu_aviator said:
I am still trying to figure out the part of the Constitution that says you have to suspend your religious beliefs and be forced to participate in these unholy matrimonies if you have a business.
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It falls under the 10th Amendments power of the state to regulate commerce not beliefs.

Public Accommodation laws have been upheld by the SCOTUS and State Supreme Courts as a proper regulation of commerce when the laws have general applicability and do not target specific religious beliefs.

Public Accommodation laws have general applicability and require that business practices (actions, not belief) are subject to the rule of law and that equal qoods and service must be provide and cannot be denied in whole (or in part) based on race, religion, sex, national origin and in some state martial status, veteran's status, sexual orientation.


Heart of Atlanta Motel, Inc. v. United States | LII / Legal Information Institute
http://www.adfmedia.org/files/ElanePhotoNMSCopinion.pdf


ksu_aviator said:
I am still trying to figure out the part of the Constitution that says you have to suspend your religious beliefs and be forced to participate in these unholy matrimonies if you have a business.
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No business is forced to provide goods and services they don't normally provide. If a florist, baker, or photographer doesn't want to offer services to weddings - they are not required to, they can decline such commissions as long as they do it equally. The other side of that coin is that if they voluntarily decide to offer such services then they cannot discriminate against customers based on conditions outline in that States Public Accommodation law.



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Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

WorldWatcher said:
It falls under the 10th Amendments power of the state to regulate commerce not beliefs.

Public Accommodation laws have been upheld by the SCOTUS and State Supreme Courts as a proper regulation of commerce when the laws have general applicability and do not target specific religious beliefs.

Public Accommodation laws have general applicability and require that business practices (actions, not belief) are subject to the rule of law and that equal qoods and service must be provide and cannot be denied in whole (or in part) based on race, religion, sex, national origin and in some state martial status, veteran's status, sexual orientation.


Heart of Atlanta Motel, Inc. v. United States | LII / Legal Information Institute
http://www.adfmedia.org/files/ElanePhotoNMSCopinion.pdf




No business is forced to provide goods and services they don't normally provide. If a florist, baker, or photographer doesn't want to offer services to weddings - they are not required to, they can decline such commissions as long as they do it equally. The other side of that coin is that if they voluntarily decide to offer such services then they cannot discriminate against customers based on conditions outline in that States Public Accommodation law.



>>>>
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The US Constitution only grants the power to regulate INTERSTATE commerce. I know, the SCOTUS has unconstitutionally expanded this to include nearly all commerce, but what they've done in that regard is against their oath and duty.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

ksu_aviator said:
Washington Florist Who Refused Gay Wedding Job Says She 'Had To Take A Stand'

Supreme Court won't hear case on gay wedding snub

When these marriages become legal, they are used to force people to violate their religious beliefs and face damnation or persecution
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Incorrect. Actually the three most prominent cases (one of which you site) to gain national attention - Sweetcakes by Mellisa (Oregon), Elane Photography (New Mexico), and Masterpiece Cakes (Colorado) - are all states where there was no Same-sex Civil Marriage. The issue was not that the States had Same-sex Civil Marriage, because they didn't. The issue was discrimination under Public Accommodation laws.


Civil Marriage laws are between the couple and the State. Public Accommodation laws regulate business. I wish people would recognize the difference. Absolutely same-sex couples should be allowed to Civilly Marry (IMHO). On the other hand Public Accommodation laws should be repealed as they usurp the rights of property and association for the business owner. Business owners should have the power to say "No" to any customer they wish for any reason they wish including race, religion, national origin, sex, or sexual orientation. And customers should have to the right to make discriminatory practices of a business public knowledge and let market forces determine if a business succeeds, fails or changes.


>>>>
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

clownboy said:
The US Constitution only grants the power to regulate INTERSTATE commerce. I know, the SCOTUS has unconstitutionally expanded this to include nearly all commerce, but what they've done in that regard is against their oath and duty.
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Elane Photography - the case to which you linked was a case under State Public Accommodation laws decided by the New Mexico Supreme Court. They appealed to the SCOTUS who declined to hear the case meaning that States can regulate commerce within the State.



>>>>
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

WorldWatcher said:
Elane Photography - the case to which you linked was a case under State Public Accommodation laws decided by the New Mexico Supreme Court. They appealed to the SCOTUS who declined to hear the case meaning that States can regulate commerce within the State.



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You're answering the wrong poster. I posted no such link, just rebutted your inaccurate spin on the US Constitution and the powers granted.
 
Re: Oregon Ruling Marks 13th Straight Gay Marriage Win

clownboy said:
You're answering the wrong poster. I posted no such link,
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You have my apologies, the screen had rolled up. Sorry about that.

clownboy said:
just rebutted your inaccurate spin on the US Constitution and the powers granted.
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I'm sorry, don't state have the power to regulate in-state commerce under the 10th Amendment when such laws have general applicability?

Have not Public Accommodation laws existed for centuries (even going back to common law and the "inn keepers rule" (cited in Heartland of Atlanta Hotel v. United States) and have they not been upheld at the federal level buy the SCOTUS and at the State level by State Supreme Courts?

What part of what I said, specifically speaking, was inaccurate?


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