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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 Cardinal View Post
    I know this is specifically a debate forum, but I think everyone from here on out who demands to know where in the constitution it declares that marriage is a right should be told to get bent. But you know, in a nice, non giggable way.

    When someone asks where a right is printed in the Constitution that is usually a good indication they've never actually sat down and read it. (I've been carrying the same copy in my backpack since 1989 and pull it out once in a while to read.)


    What I do is politley ask them if they "are of the opinion that rights must be enumerated in the constitution to be held by the people?". If they say "Yes" then point them to the 9th Amendment. If they say "No", then point out and show the weakness of their previous statement that generated the question in view of the 9th.



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

    Quote Originally Posted by poweRob View Post
    Yup....

    From what I understand is that the scotus' intent is to not rule on it until a lower court goes the other way causing a conflict to iron out in conflicting lower court rulings.

    This is where, IMHO, that the SCOTUS screwed the pooch. After the conference of the 29th they had 3 options:

    1. Accept a writ,

    2. Reject a writ,

    3. Carry over the writ to a later conference.


    Accepting the writs would have left the "Status quo" in place until a ruling is issued, rejecting the writ(s) means that the Stay they issued was lifted, carrying over the writ would have also maintained the "status quo" until they accepted or rejected a writ.

    The problem is that by choosing to reject the writs, the stay is lifted and Civil Marriages are allowed to proceed within those jurisdictions. So there were 19 states prior to Monday. Over the next couple of months that number increases to 30 (because of the stay being lifted) and that is likely to rise to 36 (if no permanent stay is issued based on the 9th Circuit Courts ruling).

    That means means there will be a surge in SSCM's in those new states during the period while it is legal to marry. Now if the 6th Circuit issues a ruling that uphold the ban - that generates a "split" in the Circuit Court rules which the SCOTUS will have to address. But since Civil Marriages will have been active in 36 States it would be a huge propblem if the court then later rules in a manner that would overturn the 10th, 9th, 7th, and 4th Circuit Courts and upholds the 6th.

    The 6th had already heard oral arguments and was due for a ruling at any time. It would have been much better for the SCOTUS to have used the "Carry Over" option to a later conference to make a decision.


    ***********************

    Interesting to note, at least one of the "conservative" Justices (Roberts, Alito, Thomas, or Scalia) had to have voted with the liberal wing and Kennedy to deny review. The conservative Justices alone have the numbers to have forced a carry over if they choose, so at least one voted to reject and allow SSCM's to start now.



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

    Quote Originally Posted by Cardinal View Post
    I know this is specifically a debate forum, but I think everyone from here on out who demands to know where in the constitution it declares that marriage is a right should be told to get bent. But you know, in a nice, non giggable way.
    I have some thoughts about what people who don't respect democratic government should be told, but I will keep them to myself. Suppose you tell us, specifically, what part of the Constitution guarantees homosexuals a right to marry each other. You won't, because you can't.

    Just as in Roe forty years ago, authoritarians who ironically call themselves "liberal" are showing their contempt for the Constitution and the rule of law. They know they don't have the votes needed to amend the Constitution to authorize the social engineering they want. So they just find federal judges who will amend it through the back door by making it say whatever they want it to.

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

    Quote Originally Posted by matchlight View Post
    I have some thoughts about what people who don't respect democratic government should be told, but I will keep them to myself. Suppose you tell us, specifically, what part of the Constitution guarantees homosexuals a right to marry each other. You won't, because you can't.
    You're right, I can't, you win. Roughly every time it's been asked and answered per page in every single gay marriage thread from the last ten years doesn't exist. Hurrah, gay marriage has been defeated, and West Hollywood and San Francisco is in ruins.
    Last edited by Cardinal; 10-09-14 at 05:39 PM.

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

    Quote Originally Posted by JoeTrumps View Post
    once all this goes through I'm going to start a thread asking for predictions on the next "crisis" the gay community will create, and how people who don't agree with the next "crisis" will be called evil homophobes before you can bat an eye.

    If I thought for a second "OK, once the gay people and their supporters get this, they will be happy and content" I would look forward to them just giving what they want already. However I'd bet everything I own it will only be the beginning, not the end, of their unending complaining and name calling of anyone not on their "side".

    wait and see.
    It might not be the gay community, the illegal aliens are looking ripe for the liberals right now. There is also free contraceptions for all the women that can't stop themselves from getting pregnant, though it might be getting old now. But don't worry, they have to find some less important issue to scream about instead of focusing on important issues.
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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by matchlight View Post
    I have some thoughts about what people who don't respect democratic government should be told, but I will keep them to myself. Suppose you tell us, specifically, what part of the Constitution guarantees homosexuals a right to marry each other. You won't, because you can't.

    Just as in Roe forty years ago, authoritarians who ironically call themselves "liberal" are showing their contempt for the Constitution and the rule of law. They know they don't have the votes needed to amend the Constitution to authorize the social engineering they want. So they just find federal judges who will amend it through the back door by making it say whatever they want it to.
    the 14th amendment guarantees equal protection regarding distinctions of gender, barring sufficiently powerful state interest.
    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 Anthony60 View Post
    It might not be the gay community, the illegal aliens are looking ripe for the liberals right now. There is also free contraceptions for all the women that can't stop themselves from getting pregnant, though it might be getting old now. But don't worry, they have to find some less important issue to scream about instead of focusing on important issues.

    Says the guy posting over and over in threads about an issue that doesn't affect him in any way.
    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 disneydude View Post
    The Court in Loving was not addressing the issue of SSM, nevertheless, in their analysis of the rights involved, they clearly recognized the right to marry as a fundamental right. They weren't referring to same race marriage, inter-racial marriage, same sex marriage....they were addressing the right to marry period. The case involved an inter-racial couple and although the holding of the case is narrowly tailored to that issue, the analysis and recognition of marriage as a fundamental right is clear in the body of the ruling.
    I quite agree, but SSM was so far outside the imagination of the court at the time that I don't think Loving applies. I suspect that's why the SCOTUS is letting SSM be established without having to take up that question.
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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by roguenuke View Post
    It is just "marriage", that same sex couples enter into. And yes, that does happen.
    There is now. The context was the relationship between older court cases and the current stream. The abbreviation SSM is useful in that context to keep the discussion clear.
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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by roguenuke View Post
    Same sex couples being able to marry was proposed much longer than just 20 years ago. Baker was over 40 years ago alone.

    But considering in many parts of this country, prior to the early 70s, those in same sex relationships could be involuntarily committed or put in jail for sodomy, it was a bit more important to stop those legal practices of persecuting gays/homosexuality than worrying about getting married at the time.
    Proposed is not established.
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