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Thread: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

  1. #161
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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Hamster Buddha View Post
    I'll be the first to admit that all the levels of the courts get a little jumbled to me, so when I hear one court wins and another loses... without the context of the levels, I get a little lost.

    State courts don't really matter at this point because their on the bottom rung as I understand it. And with the Supreme Court out of the picture, that leaves the highest courts the Court of Appeals correct? And if that is so, I'm assuming that (at least) one of them has heard the case, otherwise it wouldn't of gotten a shot at the SC. So on the Appellate level, how many have heard and what's the tally there. Because correct me if I'm wrong but with the SC not hearing any cases like this, their rulings are what go onto become precedent that the lower courts will then cite.
    In terms of the federal constitution state courts are the end of the chain for unremunerated rights. They decide if the issue comports or conflicts with the STATE constitution. They should not be allowed to consider precedence set by the federal courts in their decisions for obvious reasons.

    That said, the state courts are chained to the state constitution where it comes to non federal constitution granted powers and rights matters of the state and the people. In many of the states the bans were included in the state's constitution requiring state courts to honor that.

    The federal courts have run roughshod over the US Constitution to take the power to have a say in an unremunerated "right" that clearly falls to the state and the people.

    I know, clear as mud, right?

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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Hamster Buddha View Post
    I'll be the first to admit that all the levels of the courts get a little jumbled to me, so when I hear one court wins and another loses... without the context of the levels, I get a little lost.

    State courts don't really matter at this point because their on the bottom rung as I understand it. And with the Supreme Court out of the picture, that leaves the highest courts the Court of Appeals correct? And if that is so, I'm assuming that (at least) one of them has heard the case, otherwise it wouldn't of gotten a shot at the SC. So on the Appellate level, how many have heard and what's the tally there. Because correct me if I'm wrong but with the SC not hearing any cases like this, their rulings are what go onto become precedent that the lower courts will then cite.
    Currently at the Appellate level, every case that has been heard has been decided in favor of striking down same sex marriage bans. That includes rulings from the 7th circuit, 4th circuit, and 10th circuit. The 6th circuit has heard arguments and is expected to rule any day now.

    The 9th circuit is widely anticipated to also strike down same sex marriage bans based on their previous rulings but have not heard all the arguments yet.

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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Anthony60 View Post
    I don't see how that would be true. If so, then the feds would be involved in almost everything. Not that they are not trying to do so. I challenge anyone here to read through the Constitution and see what power the Federal government is actually given and compare that what it has been doing. Then go back and see that there is nothing in the Constitution that grants the Federal government power to be involved in most of what it does.
    The Federal government is involved because it has been asked by the people to get involved. The people can not run to the Constitution and amend it to fix problems in our daily lives...that is why we have laws.

    Marriage and child custody are contracts that have to be settled in a court of law. Who offers that service? Google? AT&T? Walmart? ...No the state and federal governments.


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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by 1750Texan View Post
    NO. An unenumerated right is not a right is flux. There is nothing in the Constitution that states that unenumerated rights shall be purview of the states.

    It just so happens that the Colonial states set themselves up as marriage authority claiming that right.

    If the states can claim 10th amendment states rights on marriage, then the people can claim their 9th amendment right as well.

    The whole of the US Constitution is the people's rights over the state.
    I think you need to reread the US Constitution.

    Tenth Amendment to the United States Constitution

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Anthony60 View Post
    I don't see how that would be true. If so, then the feds would be involved in almost everything. Not that they are not trying to do so. I challenge anyone here to read through the Constitution and see what power the Federal government is actually given and compare that what it has been doing. Then go back and see that there is nothing in the Constitution that grants the Federal government power to be involved in most of what it does.
    In it's original state, then yes you are correct. However, even the founding fathers knew that the Constitution wasn't perfect and would need to have a way to adapt and change with an evolving society. I truly believe that when Thomas Jefferson talked about freedom for all men, he believed it. Society at the time though prevent the full breathe of those words to be embraced. Again, that's why the founders put in a mechanism to add to/change the Constitution through amendments. And one of those amendments by the way talks about equal treatment.

    Quote Originally Posted by Deuce View Post
    Several circuits have ruled on the matter, and a couple more are in the process right now.

    And yes, with SCOTUS rejecting the case, the circuit court decisions stand. Every circuit that has upheld same-sex marriage will have marriage equality in all of its states now. (well, I think technically each state has to have its ban challenged, but since the precedent is already set that's really just doing the paperwork)
    You said Circuit Court, so the Appellate Court doesn't have the ultimate say in the matter then? How many circuits have ruled?

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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by clownboy View Post
    I think you need to reread the US Constitution.
    Same-sex marriage bans are powers prohibited to the States, via the 14th amendment.
    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: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by CriticalThought View Post
    Currently at the Appellate level, every case that has been heard has been decided in favor of striking down same sex marriage bans. That includes rulings from the 7th circuit, 4th circuit, and 10th circuit. The 6th circuit has heard arguments and is expected to rule any day now.

    The 9th circuit is widely anticipated to also strike down same sex marriage ban based on their previous rulings but have not heard all the arguments yet.
    All federal courts.

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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Deuce View Post
    Same-sex marriage bans are powers prohibited to the States, via the 14th amendment.
    No, absolutely not. Sexual orientation is not covered by the 14th, nor was that the intent of the 14th to begin with.

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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    The 9th circuit could release a decision any day now, which would add an additional five states: Idaho, Nevada (immediate), as well as Alaska, Arizona, and Montana. After all the red tape is finished with, that will bring the total to 35 states with marriage equality.
    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: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by clownboy View Post
    In terms of the federal constitution state courts are the end of the chain for unremunerated rights. They decide if the issue comports or conflicts with the STATE constitution. They should not be allowed to consider precedence set by the federal courts in their decisions for obvious reasons.

    That said, the state courts are chained to the state constitution where it comes to non federal constitution granted powers and rights matters of the state and the people. In many of the states the bans were included in the state's constitution requiring state courts to honor that.

    The federal courts have run roughshod over the US Constitution to take the power to have a say in an unremunerated "right" that clearly falls to the state and the people.

    I know, clear as mud, right?
    I think at this point, we can just ignore what the individual state constitutions say. Like it or not, the US Constitution trump State Constitution. I understand their is an argument on what the US Constitution has to say, but at this point, the argument really begins and ends there.

    Quote Originally Posted by CriticalThought View Post
    Currently at the Appellate level, every case that has been heard has been decided in favor of striking down same sex marriage bans. That includes rulings from the 7th circuit, 4th circuit, and 10th circuit. The 6th circuit has heard arguments and is expected to rule any day now.

    The 9th circuit is widely anticipated to also strike down same sex marriage bans based on their previous rulings but have not heard all the arguments yet.
    Can't like, but that answers my question thanks.

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