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Thread: Alaska ban on same-sex marriage ruled unconstitutional

  1. #451
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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    If the laws aren't in the Constitution then they are created at the state level by the people. The people have the right to determine whether or not they support SSM and that is where the issue belongs, not in the courthouse
    First of all a number of States have passed SSCM through the legislatures and the ballot box.

    Secondly, that doesn't answer the question. I didn't ask about laws or powers. I'm asking about rights.




    Do you believe that the Constitution is a list of rights and if a right is not enumerated there that they are not held by the people?



    >>>>

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    Sorry but I am a states' right supporter and this is where it belongs
    So you support slavery where it's allowed by states then? Interracial marriage bans? "Black codes"? I mean where does it end?

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    Wrong, in Loving both parties were adhering to state law and one party was black and the other was white but both were of different sexes. Prevention was discrimination.
    I wasn't speaking directly to Loving, but you're right in that the circumstances surrounding the case were eventually viewed as discriminatory based on race only because (as far as I know) that couple never encountered any physical harm nor were they denied federal benefits.
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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    Equal protection of what laws?
    All laws.

    if it isn't in the Constitution it is a state issue, pretty easy to see that in the Constitution
    Equal protection under the law is in the constitution.

    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
    Right. So if you want to make a law about marriage then the state can do it because it's not something directly delegated to the federal government. However, said laws must abide by the constitution's protections...

    For example, a state couldn't make a law that "Those that enter into a marriage contract may not own a firearm" because that infringes upon the [2nd]1st amendment. And they can't say "Those that enter into a marriage contract may not be of different races" because that infringes upon the 14th amendment.
    Last edited by Zyphlin; 10-14-14 at 06:00 PM. Reason: Thanks Worldwatcher

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by roguenuke View Post
    Are you unaware of the circumstances of the vote here in NC? It occurred during a Republican primary. No Democrat primary at that time either. It was a set up to ensure it passed. It had the lowest number of votes for any such amendment because of this fact. If anything, dirty politicians got it passed here.
    I actually didn't know that. Imagine the charade if it was on the ballot and passed during repub primary, then the dem primary repealed it, then the next repub primary...and on and on. This is why nothing of import should ever be left up to ballots.

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Zyphlin View Post
    For example, a state couldn't make a law that "Those that enter into a marriage contract may not own a firearm" because that infringes upon the 1st amendment. And they can't say "Those that enter into a marriage contract may not be of different races" because that infringes upon the 14th amendment.

    Think you meant 2nd.



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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by chromium View Post
    I actually didn't know that. Imagine the charade if it was on the ballot and passed during repub primary, then the dem primary repealed it, then the next repub primary...and on and on. This is why nothing of import should ever be left up to ballots.

    Yep, the vote was held in May during the Republican Primary instead of November during the General Election.


    North Carolina Same-Sex Marriage, Amendment 1 (May 2012) - Ballotpedia


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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by WorldWatcher View Post
    That says "powers" not rights, so again...


    Do you believe that the Constitution is a list of rights and if a right is not enumerated there that they are not held by the people?


    >>>>

    Yes, if it isn't listed in the Constitution it is left to the states to legislate. Marriage isn't in the Constitution, it is a state issue and that is where it belongs. Those that say it is a right ignore history as well as what the Constitution says. Marriage is common law

    com·mon law
    noun
    the part of English law that is derived from custom and judicial precedent rather than statutes. Often contrasted with statutory law.
    Because it is derived from custom and judicial precedence it isn't a civil right thus not a Constitutional issue.

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    Again, you don't seem to understand the Constitution at all, read this very slowly

    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

    It means that powers not listed in the Constitution or prohibited by it to the states are reserved to the states. that is where marriage resides and where it should reside. You don't seem to understand the Constitution at all. You want to make Common law and a privilege a civil right. No where in the Constitution is that power granted since Marriage isn't in the Constitution
    Unequal protection of the laws is a power denied to the states.

    Under your reasoning, Loving was an incorrect decision. Marriage isn't in the constitution. It was a race issue, this is a gender issue, that's the only difference,
    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: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by WorldWatcher View Post
    Yep, the vote was held in May during the Republican Primary instead of November during the General Election.


    North Carolina Same-Sex Marriage, Amendment 1 (May 2012) - Ballotpedia


    >>>>
    So what you are saying is that people supporting SSM could only vote if they voted in the Republican Primary and for a Republican Candidate? Doesn't seem to be the passionate issue in N.C. that some here want it to be. If it were a passionate issue more people would have shown up at the polls to support SSM

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