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Thread: Justices mum on whether to review same-sex marriage constitutionality

  1. #51
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    Re: Justices mum on whether to review same-sex marriage constitutionality

    Quote Originally Posted by JC_CT View Post
    No, it couldn't. It provides EQUAL protection, not ANY protection.
    Equal in whose eyes?

    You see that is the question that needs to be answered. If a State decides that an action is unlawful, at what point does the federal government supercede that?
    I don't often change my signature, but this was just too over the top to let anyone forget with what this country is up against...
    Quote Originally Posted by James D Hill View Post
    I am for gay marriage because it ticks off Jesus freaks and social conservatives. Gays are also good voters because the vote for my side so I fight next to them.

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    Re: Justices mum on whether to review same-sex marriage constitutionality

    Quote Originally Posted by AlabamaPaul View Post
    Equal in whose eyes?

    You see that is the question that needs to be answered. If a State decides that an action is unlawful, at what point does the federal government supercede that?
    When it's only unlawful for some people and not others. It really isn't a difficult concept.

    Your argument about age was the best one you made, because it could be argued the other way.

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    Re: Justices mum on whether to review same-sex marriage constitutionality

    Quote Originally Posted by JC_CT View Post
    When it's only unlawful for some people and not others. It really isn't a difficult concept.

    Your argument about age was the best one you made, because it could be argued the other way.
    I'm not looking for the best argument, only the one that makes sense to you. Is age discrimination acceptable?
    I don't often change my signature, but this was just too over the top to let anyone forget with what this country is up against...
    Quote Originally Posted by James D Hill View Post
    I am for gay marriage because it ticks off Jesus freaks and social conservatives. Gays are also good voters because the vote for my side so I fight next to them.

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    Re: Justices mum on whether to review same-sex marriage constitutionality

    Quote Originally Posted by AlabamaPaul View Post
    Because the ideas can't be advanced by a Constitutional amendment, which would be the proper way to make societal changes...
    The court can't conduct social change, either. Interacial marriage wasn't accepted by even a simple majority of the public until the early 90s. Courts don't decide public opinion.

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    Re: Justices mum on whether to review same-sex marriage constitutionality

    Quote Originally Posted by AlabamaPaul View Post
    Sure it can. Please provide an example of where it cannot...
    If every married couple had to draw up an individual legal contract to cover every single thing a marriage contract covers? You don't see how that is more of a challenge than the current system?
    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.

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    Re: Justices mum on whether to review same-sex marriage constitutionality

    Quote Originally Posted by AlabamaPaul View Post
    Equal in whose eyes?

    You see that is the question that needs to be answered. If a State decides that an action is unlawful, at what point does the federal government supercede that?
    Ultimately, the Supreme Court is the final authority on the subject.

    Defining marriage as between a man and a woman is clearly a distinction of gender. Such distinctions are subject to intermediate constitutional scrutiny.
    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.

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    Re: Justices mum on whether to review same-sex marriage constitutionality

    Quote Originally Posted by Cephus View Post
    Of course it is, we have full faith and credit clause in the Constitution. A person married in one state must be treated as married in all states. Therefore it's a federal thing.
    That statement is false. It has never been decided with any certainty that the constitution REQUIRES states to recognize any marriage from any other state. Till now, it's been voluntary cooperation between states but with the attempts of some states to try to force others to accept homosexual marriage, the battle to decide this is underway and it's not decided yet. So it is false to state that they must. At some point in the future that statement may become true or it might not but for now, it's just your unqualified opinion.
    You can't reason anyone out of a position they didn't reason themselves into in the first place.

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    Re: Justices mum on whether to review same-sex marriage constitutionality

    Quote Originally Posted by Deuce View Post
    No, the right thing to do is enforce the equal protection clause regarding this unconstitutional distinction of gender.
    I don't know how many times I have to explain why this is ridiculous. The homosexual marriage issue isn't one of gender discrimination. No one was ever denied the right to marry because of their gender. The fact they can't choose someone of their own gender to marry isn't about equal rights for genders because both men and women have equal rights to marriage and the fact that marriage has virtually always been defined as one man and one woman joined together doesn't equate to an equal rights violation based on gender. Nowhere in the constitution does it say that all partner relationships are created equal.
    You can't reason anyone out of a position they didn't reason themselves into in the first place.

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    Re: Justices mum on whether to review same-sex marriage constitutionality

    Quote Originally Posted by Papa bull View Post
    I don't know how many times I have to explain why this is ridiculous. The homosexual marriage issue isn't one of gender discrimination. No one was ever denied the right to marry because of their gender. The fact they can't choose someone of their own gender to marry isn't about equal rights for genders because both men and women have equal rights to marriage and the fact that marriage has virtually always been defined as one man and one woman joined together doesn't equate to an equal rights violation based on gender. Nowhere in the constitution does it say that all partner relationships are created equal.
    And I don't know how many times I have to explain to you that exactly this logic was rejected with interracial marriage. Before you try to deflect with whining about how race and gender aren't the same thing, the logic is the same and the 14th amendment covers both race and gender.

    Without an identified important state interest, defining marriage as between a man and a woman can be overturned under the 14th amendment in the same way marriage used to "virtually always" be defined as "one man and one woman of the same race," and was overturned.
    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.

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    Re: Justices mum on whether to review same-sex marriage constitutionality

    Quote Originally Posted by Papa bull View Post
    That statement is false. It has never been decided with any certainty that the constitution REQUIRES states to recognize any marriage from any other state. Till now, it's been voluntary cooperation between states but with the attempts of some states to try to force others to accept homosexual marriage, the battle to decide this is underway and it's not decided yet. So it is false to state that they must. At some point in the future that statement may become true or it might not but for now, it's just your unqualified opinion.
    It has also never been decided that states have unlimited right to define marriage, so that's just your unqualified opinion.
    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.

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