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Thread: South Carolina Supreme Court Halts Same-Sex Marriage Licenses

  1. #141
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    Re: South Carolina Supreme Court Halts Same-Sex Marriage Licenses

    Quote Originally Posted by Goshin View Post
    SC State Supremes ruled correctly; the definition of marriage is part of our State Constitution, and should not be overturned by some indirect implied assumption about a ruling an APPELLATE court made about a law in another state.


    It was right and proper for SCOSC to put a hold on this while the legal issues were examined and clarified, and possibly until after the State seeks further legal redress.
    It's quite incredible that people still don't understand the consequences of the SCOTUS not taking up the matter, and try to construct it as a victory for the anti-SSM crowd, when it is the exact opposite.

    Let me try to spell out for you this very simple issue:

    1. Appellate regional (circuit) federal courts have ruled that state bans of SSM is unconstitutional.
    2. Appeals were filed with the SCOTUS.
    3. The SCOTUS refused to take up the matter.
    4. This means that the regional federal court decisions STAND.
    5. Therefore ALL states under the jurisdiction of those circuit courts CAN NOT enforce bans, as soon as local federal courts there are consulted about it (those courts won't be able to rule any other way, legally).
    6. This decision becomes biding as soon as in each state, someone petitions the local federal court challenging the ban, and the federal judge rules that there is merit in the petition and the state must obey the regional (circuit) court ruling.
    7. This has happened yesterday in North Carolina at about 5:30 PM, a state that has a constitution banning SSM. By 5:45 PM, the first same-sex marriage happened in North Carolina (the Deputy Sheriff of Wake County and his partner) followed by many others. Clerks offices extended working hours to 9PM to attend all the gay couples interested in getting a marriage license.
    8. As soon as a federal judge rules the same way in South Carolina (and again, there will be no leeway for ruling any other way since the circuit courts are higher than local federal courts), whatever the South Carolina Supreme Court says in the matter becomes irrelevant. That's all that the South Carolina Supreme Court did: "until a federal judge rules in the matter" which has happened already in North Carolina but hasn't yet in South Carolina (it will probably happen as soon as Monday), then they'll have to obey it just like North Carolina did.

    How in the hell do you guys construct that as a victory for the anti-SSM camp? It is OBVIOUSLY a defeat, as evidenced by gays now getting married in North Carolina which up to yesterday at 5:29 PM could not happen due to the state constitution. The SCOTUS refusing to take it up made it possible, and this will happen in all 30 states under the jurisdiction of the circuit courts that have ruled that the ban in any of their states is unconstitutional.

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    Re: South Carolina Supreme Court Halts Same-Sex Marriage Licenses

    Quote Originally Posted by Navy Pride View Post
    Well we are trying to change it God willing.
    Looks like God isn't on your side.

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    Re: South Carolina Supreme Court Halts Same-Sex Marriage Licenses

    Quote Originally Posted by Zinthaniel View Post
    Some issues don't belong on the ballot, like human rights. So I guess it does suck when a state gives the majority the right to subjugate a group of people and higher government takes that right away from them. I sure that ruffles your feathers.
    You're right, that issue shouldn't have been brought up, it'ss not a right for Gays to have.
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    Re: South Carolina Supreme Court Halts Same-Sex Marriage Licenses

    Quote Originally Posted by X Factor View Post
    I'm not opposed to SSM but yes, I do believe that allowing legal marriages to animals would severely damage the entire concept. Good thing I don't see SSM as being in any way similar, but by suggesting that allowing people to marry animals is just as legit you damage the whole valid pro SSM position and actually make that often cited fear of the slippery slope seem a little less far fetched.
    I was being facetious and not really suggesting the people be allowed to marry animals, just that if they did, it wouldn't change my marriage in any way.
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    Re: South Carolina Supreme Court Halts Same-Sex Marriage Licenses

    Quote Originally Posted by GreatNews2night View Post
    It's quite incredible that people still don't understand the consequences of the SCOTUS not taking up the matter, and try to construct it as a victory for the anti-SSM crowd, when it is the exact opposite.

    Let me try to spell out for you this very simple issue:

    1. Appellate regional (circuit) federal courts have ruled that state bans of SSM is unconstitutional.
    2. Appeals were filed with the SCOTUS.
    3. The SCOTUS refused to take up the matter.
    4. This means that the regional federal court decisions STAND.
    5. Therefore ALL states under the jurisdiction of those circuit courts CAN NOT enforce bans, as soon as local federal courts there are consulted about it (those courts won't be able to rule any other way, legally).
    6. This decision becomes biding as soon as in each state, someone petitions the local federal court challenging the ban, and the federal judge rules that there is merit in the petition and the state must obey the regional (circuit) court ruling.
    7. This has happened yesterday in North Carolina at about 5:30 PM, a state that has a constitution banning SSM. By 5:45 PM, the first same-sex marriage happened in North Carolina (the Deputy Sheriff of Wake County and his partner) followed by many others. Clerks offices extended working hours to 9PM to attend all the gay couples interested in getting a marriage license.
    8. As soon as a federal judge rules the same way in South Carolina (and again, there will be no leeway for ruling any other way since the circuit courts are higher than local federal courts), whatever the South Carolina Supreme Court says in the matter becomes irrelevant. That's all that the South Carolina Supreme Court did: "until a federal judge rules in the matter" which has happened already in North Carolina but hasn't yet in South Carolina (it will probably happen as soon as Monday), then they'll have to obey it just like North Carolina did.

    How in the hell do you guys construct that as a victory for the anti-SSM camp? It is OBVIOUSLY a defeat, as evidenced by gays now getting married in North Carolina which up to yesterday at 5:29 PM could not happen due to the state constitution. The SCOTUS refusing to take it up made it possible, and this will happen in all 30 states under the jurisdiction of the circuit courts that have ruled that the ban in any of their states is unconstitutional.


    You misconstrue. I am largely indifferent to SSM; I know it is probably inevitable; I have no interest in "stalling for spite".



    The problem I have is letting an appellate court set aside a provision in my home State's Constitution, in such an indirect fashion, without clear word from SCOTUS. If a Fed appellate court can set aside any provision of any State's Constitution at will, then the States may as well close their governments down and quit pretending there is any government other than the Fed.


    South Carolina needs to say "**** you, until we hear from SCOTUS our state Constitution stands as we wrote it". Feds don't like it, well the SCOTUS can nut up and render a decision. They owe us that much before setting aside something enumerated in our state Constitution.

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    Re: South Carolina Supreme Court Halts Same-Sex Marriage Licenses

    Quote Originally Posted by Navy Pride View Post
    One for the good guys.............


    South Carolina Supreme Court Halts Same-Sex Marriage Licenses


    Posted: 10/09/2014 12:29 pm EDT Updated: 10/09/2014 12:59 pm EDT





    COLUMBIA, S.C. (AP) — The South Carolina Supreme Court is ordering state probate courts not to issue same-sex marriage licenses until a federal judge decides whether the state constitution's ban on the unions is legal.

    The Supreme Court's order disappointed dozens of gay couples in a whirlwind week of legal maneuvers.
    well if its good only because you don't like same sex marriage I guess this has some good in it

    if your into treating people decently kind of evil

  7. #147
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    Re: South Carolina Supreme Court Halts Same-Sex Marriage Licenses

    Quote Originally Posted by The Immortal View Post
    You're simply incorrect. As I said, this is the ONLY time Loving v Virginia is referenced.

    From the decision: State laws defining and regulating marriage, of course, must respect the constitutional rights of persons, see, e.g., Loving v. Virginia, 388 U.S. 1 (1967); but, subject to those guarantees, “regulation of domestic relations” is “an area that has long been regarded as a virtually exclusive province of the States.”

    In other words, if California wants to define marriage as being between a man and man they can. But that also means if SC wants to define marriage as being between a man and a woman they can. And the federal government should have no say in either.

    He ruled in favor of State's rights over Federal rights. You want Kennedy to rule in favor of Federal Rights over State's rights. One of Kennedy's BIGGEST positions is State rights over Federal rights. If you think he's going to vote for Federal Rights over State's rights... you're simply wrong. He's NEVER done so before. Ever. You think this is going to be the first time?

    Without Kennedy you have a better chance of getting ice water in hell than one of the other conservatives to vote in favor of gay marriage.
    You are absolutely wrong. Your analysis is nowhere near the realm of reality. The problem is....it is pointless trying to discuss it with you because you are so convinced by your right-wing propaganda that you actually thing you are correct. It isn't worth the time or energy to try to point out the flaws to you.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

  8. #148
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    Re: South Carolina Supreme Court Halts Same-Sex Marriage Licenses

    Quote Originally Posted by WCH View Post
    You mean like when a government puts an issue on the ballot then, no matter the outcome, sides with the minority kind of bigotry?

    Yeah, that sucks!
    A lot of ballot issues are unconstitutional. That is one of the biggest problems with the initiative system that allows any idiot out there to write a ballot measure and if they get enough signatures, gets it on the ballot. Writing laws/legislation should be left to those who have the expertise to do so.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: South Carolina Supreme Court Halts Same-Sex Marriage Licenses

    Quote Originally Posted by Navy Pride View Post
    Like I said many times I could care less what gays do in the privacy of their bedrooms and if they want to hook up I am for giving them the same benefits as straights and I think gov. recognition of their hookups in Civil Unions would do the job.. I just don't want the sacrament of Holy Matrimony desecrated and to that end I will fight to my last breath.
    Bigot of the 50's-60's: Like I said many times I could care less what inter-racial couples do in the privacy of their bedrooms and if they want to hook up I am for giving them the same benefits as straights and I think gov. recognition of their hookups in Civil Unions would do the job.. I just don't want the sacrament of Holy Matrimony desecrated and to that end I will fight to my last breath

    Bigot of today: Like I said many times I could care less what gays do in the privacy of their bedrooms and if they want to hook up I am for giving them the same benefits as straights and I think gov. recognition of their hookups in Civil Unions would do the job.. I just don't want the sacrament of Holy Matrimony desecrated and to that end I will fight to my last breath.

    Bigots are always bigots...they just change a word here and there.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: South Carolina Supreme Court Halts Same-Sex Marriage Licenses

    Quote Originally Posted by disneydude View Post
    A lot of ballot issues are unconstitutional. That is one of the biggest problems with the initiative system that allows any idiot out there to write a ballot measure and if they get enough signatures, gets it on the ballot. Writing laws/legislation should be left to those who have the expertise to do so.
    IT's unlawful to be a thief. Gays steal everything they want.

    BTW those signatures are Humans.
    32 “Whoever acknowledges me before others, I will also acknowledge before my Father in heaven. 33 But whoever disowns me before others, I will disown before my Father in heaven.
    Matt. 10:32-33

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