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Thread: Alaska ban on same-sex marriage ruled unconstitutional

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Deuce View Post
    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,
    What part of marriage being common law and not in the Constitution that you don't understand?

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Zyphlin View Post
    All laws.



    Equal protection under the law is in the constitution.



    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.
    My interpretation is that equal protection under the law refers to the laws in the Constitution, not common law or state law. The state can make any laws the people want as long as it doesn't infringe on the Constitutional laws. Marriage isn't in the Constitution and thus isn't governed under equal protection clause

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    My interpretation is that equal protection under the law refers to the laws in the Constitution, not common law or state law.
    So do the rest of the constitutions amendments only apply to laws and powers enumerated in the US Constitution, or do you just have this interpritation for a single solitary amendment and all the rest of them apply across the board?

    Does a law or power not vested to the Federal Government have to adhere to the 2nd amendment? Can a state pass a law that violates the 1st amendment as long as it's not a power or law stated in the Constitution?

    If I understand you right as well, you therefore don't believe that banning interracial marriage is unconstitutional?

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    What part of marriage being common law and not in the Constitution that you don't understand?
    And what part of equal protection of the laws do you not understand?

    Unequal protection of the laws is denied to the states. It doesn't have to be something specifically mentioned in the constitution to require equal protection.
    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
    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?


    >>>>
    Quote Originally Posted by Conservative View Post
    Yes, if it isn't listed in the Constitution it is left to the states to legislate.

    You have just domstrated that you don't understand the workings of the Constitution. NO rights must not be listed in the Constitution to be held by the people. The Constitution is a limiting document on government, it is not a list of rights. During the Constitutional Convention there was some objection to even including a Bill of Rights because some uninformed individuals might think that rights are granted by the government and therefore must be listed in the Constitu


    You sir just demonstrated why the 9th Amendment was added which says "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."



    Just because the word "Marriage" does not appear in the Constitution does not mean that it isn't a right held by the people.



    >>>>

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Zyphlin View Post
    So do the rest of the constitutions amendments only apply to laws and powers enumerated in the US Constitution, or do you just have this interpritation for a single solitary amendment and all the rest of them apply across the board?

    Does a law or power not vested to the Federal Government have to adhere to the 2nd amendment? Can a state pass a law that violates the 1st amendment as long as it's not a power or law stated in the Constitution?

    If I understand you right as well, you therefore don't believe that banning interracial marriage is unconstitutional?
    He says interracial marriage is a race issue, not a marriage issue, but is unwilling to admit that same sex marriage is a gender issue, not a marriage issue.
    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 Conservative View Post
    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

    No that's not what I said.


    I only said they scheduled it for a Republican Primary date which would statistically increase the likely vote in support of the amendment.



    >>>>

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    My interpretation is that equal protection under the law refers to the laws in the Constitution, not common law or state law. The state can make any laws the people want as long as it doesn't infringe on the Constitutional laws. Marriage isn't in the Constitution and thus isn't governed under equal protection clause
    Your interpretation is irrelevant. The same with mine or anyone else's outside of the federal judiciary. The federal courts are the ultimate arbiters of the constitution. The federal courts have ruled consistently that the equal protection clause is interpreted as no law at no level of government whether its federal, state, or local, can deny equal protection under its jurisdiction to anyone. For example, while owning a drivers license is not a specific constitutional right, a state cannot deny drivers licenses to individuals under its jurisdiction simply due to their race, sex, religion, and so on. Its a pretty simple concept and that is why the federal courts have been so consistent with their rulings striking down state bans on same sex marriage recognition.
    "You're the only person that decides how far you'll go and what you're capable of." - Ben Saunders (Explorer and Endurance Athlete)

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    My interpretation is that equal protection under the law refers to the laws in the Constitution, not common law or state law.
    Then you aren't reading the Constitution:

    "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 very text of the 14th Amendment itself shows you are wroing because it specifically places limitations on the States.


    >>>>

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Zyphlin View Post
    So do the rest of the constitutions amendments only apply to laws and powers enumerated in the US Constitution, or do you just have this interpritation for a single solitary amendment and all the rest of them apply across the board?

    Does a law or power not vested to the Federal Government have to adhere to the 2nd amendment? Can a state pass a law that violates the 1st amendment as long as it's not a power or law stated in the Constitution?

    If I understand you right as well, you therefore don't believe that banning interracial marriage is unconstitutional?
    Don't know how much clearer I can make it but if it is in the Constitution it circumvents state law, Marriage isn't in the Constitution. Any Amendment to the Constitution has been ratified by the Representatives of the state thus become laws enforceable in the states. Again marriage isn't in the Constitution, everything you mentioned is.

    As for interracial marriage, race is in the Constitution and thus any law in the state that discriminates against race is a violation of the Constitution. Seems simple to me

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