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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 danarhea View Post
    It is my understanding that it was John Roberts who was the pivotal decider in this case. A lot of people have bashed Justice Roberts for many of his Libertarian stances, but unlike a lot of people who claim to be Libertarians, but are only Libertarian where it comes to things they like, John Roberts seems to be the real deal. If gay people want to marry, what business is it of any authoritarian government? When Bush picked Roberts, I was lambasted by many on the left for praising Bush for that pick. And now, Liberals can praise John Roberts too, although I bet I won't see that happen anytime in the next........ well, my lifetime. LOL.
    It takes 4 justices to take up a case. He could hardly have been the decider of not taking up a case.
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    Quote Originally Posted by Fiddytree View Post
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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Helix View Post
    Despite the headline that isnt the case otherwise the part of DOMA that allowed states not to be able not to recognize gay marriages from other states would have struck down as well.

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

    Quote Originally Posted by Anthony60 View Post
    I like that the Feds are keeping out of it for now, the less federal intervention into States affairs, the better. I just don't like that they are allowing a handful of judges to overrule the voices of the people of an entire State when they decide how they want to handle things in their own States. This is why they got rid of the filibuster and try to flood the courts with their anti Constitutional activist judges. They know that they only need a few judges in the right places that will put the liberal agenda over the Constitution and the will of the people.
    The "feds" are the ones who decided these cases. SCOTUS is not overruling "the feds".
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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

    Quote Originally Posted by tres borrachos View Post
    They need to step out. Of all of the people in this country who should not have a right to tell any citizen who he/she can or can't marry, it's our politicians.
    Oh, I agree.

    My belief is that government's should be restricted by the constitution to make enabling legislation. Period.

    But the other side of the coin demands intervention, society today will simply not allow a relationship of any kind between a child and an adult, let alone marriage. If we have social welfare programs, we need guard against abuse, such as fraud in welfare and old age security.

    So, some, is necessary; in the US at least there appears to be too much and a lot of it on moral grounds. That for me is where all government's should be banned from treading; morals cannot and will not be legislated; too many politicians have far too much booze in their bellies when they vote for me to be comfortable with any morality based law.
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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by tres borrachos View Post
    They shouldn't have to sanction or promote any form of marriage. It ain't their job. They can't even handle the job they are supposed to do.
    So would you give up all the benefits you get from marriage? They are pretty significant.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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

    I do not admire the SCOTUS for running away from this.

    But if it makes same sex marriages easier to come by...good.

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

    Quote Originally Posted by Crovax View Post
    That isnt exactly correct, sexual orientation is not a protected class. The SCOTUS would have been ruling on whether or not it was a protected class had they taken up the case
    Not necessarily. SCOTUS could have ruled for example that SSM bans discriminated on the bases of gender.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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

    Quote Originally Posted by Crovax View Post
    Im not aware of anything that changed in the constitution between 1972 and now that would make difference in gay marriage. If you read the district courts rulings they are based on the 14th amendment and creating a new protected class. So you can cite those other factors but those arent what the judges are saying. What exactly has changed in the 14th amendment from 1972 to now?

    Now you are moving a goal post from "lack of a Federal question" (which was the basis of Baker in 1972) to saying "changed in the Constitution".


    If you go and read the Circuit Court rulings in the matter of these cases (the 10th, 7th, and 4th's) and the District Court rulings you will not that most (I say most but I really think it's all) specifically addressed the applicability of Baker and note that given the change in the legal landscape (because multiple states recognize SSCM, because the Federal government took action in DOMA, and because the Federal government now recognizes legal SSCM's) that the conditions from the time of Baker don't apply.


    You may disagree of course. The facts are that (a) the courts recognize the change in the legal landscape, and (b) the SCOTUS just basically signed off on that by rejecting the appeals which means they become the final ruling in those jurisdictions.



    >>>>

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

    Quote Originally Posted by Crovax View Post
    Just as the federal courts have no place ruling on gay marriage today, the 14th amendment said the same words in 1972 as it does today.
    It was not ruled on the 14th amendment. The Supreme Court refused to hear the case. It was a summary disposition made on federal-question jurisdiction.

    And under court law when it comes to the rules of summary dispositions, "Subsequent developments by the Court on the relevant doctrines may cast doubt on the continuing validity of a summary judgment."

    I think that the repeal of sodomy laws and the recognition of same sex marriage on the state and federal level constitute "subsequent developments". What do you think?

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

    Quote Originally Posted by Ockham View Post
    U.S. Supreme Court Refuses to Rule on Gay Marriage - Bloomberg

    The SCOTUS has ruled they will leave it up to the states to decide and will not take up a nationwide ruling on same sex marriage. This means that lower court ruling will stay in place unless challenged in the future. No federal ruling of marriage is in the near future....
    They probably have real issues to pay attention to.

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