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

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

    Quote Originally Posted by CaptainCourtesy View Post
    Of course, but I asked you first. Do you REALLY not know how unconstitutional laws are dealt with?
    I know how they USED to be dealt with. They would bounce it back to the people.

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

    Quote Originally Posted by it's just me View Post
    I'll do that when you show me in the Constitution where the opinion of one man (who doesn't even live in that state) becomes law for an entire state.
    Article III | Constitution | US Law | LII / Legal Information Institute

    In bold ... underline for more exact emphasis

    Section 1.

    The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
    Section 2.

    The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

    In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.


    The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
    Section 3.

    Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

    The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
    In other words, the supreme court has full jurisdiction in every case in every state, for every citizen or visitor.

    Now your interpretation about the courts making a law, what has happened is that the courts struck down laws, which is pretty much the opposite of your claim.

    Lastly, as for the structure of the appellate courts, that's pretty much up to congress on how to structure, but as shown is completely constitutional.

    The text of the equal protection clause of the fourteenth amendment is as follows. emphasized part bolded

    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
    The last phrase is really the clincher. Its pretty self explanatory, but for those who need help, it pretty much says you have to treat all persons (which means all humans, not a class of humans, but everyone) the same. So if one group gets marriage, all groups get marriage. If one group gets to drink from a water fountain, all groups get to drink from that same water fountain. If one group is subject to a speeding ticket, all groups are subject to a speeding ticket. I am sure the point is made. Constitutionally, this means we either have legal marriage or we don't, but if we do, everyone gets the same treatment.

    So this is where the courts are not making a law, but enforcing previously established laws.

    So there you go, courts have jurisdiction and and necessary legal language to make this ruling. This case is really this simple. The only reason it can seem complicated is that people jump through some interesting mental hoops to try to make the law conform to their prejudice.
    Last edited by tacomancer; 10-15-14 at 07:33 AM.

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

    Quote Originally Posted by it's just me View Post
    I know how they USED to be dealt with. They would bounce it back to the people.
    No. Try again. Be more clear.
    "Never fear. Him is here" - Captain Chaos (Dom DeLuise), Cannonball Run

    ====||:-D

    Quote Originally Posted by Wiseone View Post
    This is what I hate about politics the most, it turns people in snobbish egotistical self righteous dicks who allow their political beliefs, partisan attitudes, and 'us vs. them' mentality, to force them to deny reality.

    Quote Originally Posted by Navy Pride View Post
    You can't paint everone with the same brush.......It does not work tht way.


    Quote Originally Posted by Wessexman View Post
    See with you around Captain we don't even have to make arguments, as you already know everything .
    Quote Originally Posted by CriticalThought View Post
    Had you been born elsewhere or at a different time you may very well have chosen a different belief system.
    Quote Originally Posted by ernst barkmann View Post
    It a person has faith they dont need to convince another of it, and when a non believer is not interested in listening to the word of the lord, " you shake the dust from your sandels and move on"

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

    Quote Originally Posted by Fletch View Post
    You would have to first show where the Constitution even mentions the term marriage. Since it isn't mentioned in the Constitution, it should fall to the states and the people to decide.
    9th amendment should cover it, which SCOTUS has ruled something like a dozen times

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

    Quote Originally Posted by it's just me View Post
    Well, you just did.
    i certainly did not say that SSM should be legal because a majority accept it

    I only brought up the majority to demonstrate how wrong you are about "one man's opinion." You want to rely on majority opinion in this or that state, while totally ignoring (because it supports your agenda) the majority opinion of the whole country. Not to mention dozens of court rulings

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

    Quote Originally Posted by CaptainCourtesy View Post
    No. Try again. Be more clear.
    No, you try again. I'm off to work.

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

    Quote Originally Posted by it's just me View Post
    No, you try again. I'm off to work.
    And I'm off to bed. I look forward to your further explanation, later.
    "Never fear. Him is here" - Captain Chaos (Dom DeLuise), Cannonball Run

    ====||:-D

    Quote Originally Posted by Wiseone View Post
    This is what I hate about politics the most, it turns people in snobbish egotistical self righteous dicks who allow their political beliefs, partisan attitudes, and 'us vs. them' mentality, to force them to deny reality.

    Quote Originally Posted by Navy Pride View Post
    You can't paint everone with the same brush.......It does not work tht way.


    Quote Originally Posted by Wessexman View Post
    See with you around Captain we don't even have to make arguments, as you already know everything .
    Quote Originally Posted by CriticalThought View Post
    Had you been born elsewhere or at a different time you may very well have chosen a different belief system.
    Quote Originally Posted by ernst barkmann View Post
    It a person has faith they dont need to convince another of it, and when a non believer is not interested in listening to the word of the lord, " you shake the dust from your sandels and move on"

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

    Quote Originally Posted by chromium View Post
    i certainly did not say that SSM should be legal because a majority accept it

    I only brought up the majority to demonstrate how wrong you are about "one man's opinion." You want to rely on majority opinion in this or that state, while totally ignoring (because it supports your agenda) the majority opinion of the whole country. Not to mention dozens of court rulings
    We are discussing South Carolina, not the entire country, and the courts have gotten a LOT of decisions wrong, but I am sure you support all of them:

    Ten Worst Supreme Court Decisions in History

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

    Quote Originally Posted by Deuce View Post
    Stealing? Your marriage gets taken away? Becomes less holy?
    Yes Sir...cheapened. Relegated to the basement.
    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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    Re: South Carolina Supreme Court Halts Same-Sex Marriage Licenses

    Quote Originally Posted by Deuce View Post
    I have conservative acquaintances who aren't really interested in owning guns. Oddly enough, they don't argue for banning guns.
    That's nice.
    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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