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

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

    Quote Originally Posted by Jack Hays View Post
    Not necessarily. If EVERYONE is allowed a heterosexual marriage then the law is being applied equally. What is new is the recognition of the idea of homosexual marriage. That is social and cultural evolution.

    You realize that none of the law were written in terms of heterosexual or homosexual right?


    Since heterosexuals and homosexual is a sexual orientation, a homosexual man and a homosexual woman are not in a heterosexual marriage.


    The more proper term to describe the context is different-sex and same-sex Civil Marriage since the laws are written in terms of gender.



    >>>>

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

    Quote Originally Posted by Helix View Post
    incorrect. if heterosexual marriage is recognized by the state, then homosexual marriage must be, as well. it is no different than Loving v. Virginia.
    Please keep in mind that I support SSM, but your analogy is flawed. In Loving v Virginia the couple were denied heterosexual marriage, the legality of which as an institution was not in dispute. In the SSM debate it is the validity of homosexual marriage itself that is in dispute.
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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by WorldWatcher View Post
    You realize that none of the law were written in terms of heterosexual or homosexual right?


    Since heterosexuals and homosexual is a sexual orientation, a homosexual man and a homosexual woman are not in a heterosexual marriage.


    The more proper term to describe the context is different-sex and same-sex Civil Marriage since the laws are written in terms of gender.



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    As you wish.
    "It's always reassuring to find you've made the right enemies." -- William J. Donovan

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

    Quote Originally Posted by Helix View Post
    the amendments ban SSM, which is the denial of a fundamental right to a group of people based solely on sexual orientation. this violates the equal protection clause.
    The amendments "ban" government recognition of SSM, which does not deny a fundamental right to anyone. It does create an equal protection issue worth examining, but this has to do with unequal application of marriage law with respect to gender, not the denial of a fundamental right to people of a certain sexual orientation.

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

    Quote Originally Posted by Jack Hays View Post
    Please keep in mind that I support SSM, but your analogy is flawed. In Loving v Virginia the couple were denied heterosexual marriage, the legality of which as an institution was not in dispute. In the SSM debate it is the validity of homosexual marriage itself that is in dispute.
    it is denial of a fundamental civil right to a class of people, and in some states, but not others. clearly a violation of equal protection under the law.

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

    Quote Originally Posted by Jack Hays View Post
    As you wish.




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

    Quote Originally Posted by Helix View Post
    it is denial of a fundamental civil right to a class of people, and in some states, but not others. clearly a violation of equal protection under the law.
    Because the law itself is in flux the question of equal protection is premature.
    "It's always reassuring to find you've made the right enemies." -- William J. Donovan

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

    Quote Originally Posted by Taylor View Post
    The amendments "ban" government recognition of SSM, which does not deny a fundamental right to anyone.
    marriage is a fundamental right. homosexuals are banned from marrying one another in some states due to these amendments.

    Quote Originally Posted by Taylor View Post
    It does create an equal protection issue worth examining, but this has to do with unequal application of marriage law with respect to gender, not the denial of a fundamental right to people of a certain sexual orientation.
    and the same could be argued for interracial marriage before Loving.

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

    Quote Originally Posted by Jack Hays View Post
    Because the law itself is in flux the question of equal protection is premature.
    no, it isn't. if you're born heterosexual, you can marry the partner of your choice. if you're born homosexual, you cannot. that is not equal protection under the law.

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

    Quote Originally Posted by Taylor View Post
    The amendments "ban" government recognition of SSM, which does not deny a fundamental right to anyone. It does create an equal protection issue worth examining, but this has to do with unequal application of marriage law with respect to gender, not the denial of a fundamental right to people of a certain sexual orientation.

    And when Alabama Amended it's Constitution to read:

    "SECTION 102

    Miscegenation laws.

    The legislature shall never pass any law to authorize or legalize any marriage between any white person and a negro, or descendant of a negro."


    That didn't ban interracial marriage in Alabama and so wasn't overturned by the Loving decision in 1967.




    http://www.legislature.state.al.us/C.../CA-245637.htm

    >>>>

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