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Thread: Alaska ban on same-sex marriage ruled unconstitutional

  1. #481
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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by SouthernDemocrat View Post
    This argument you just made is a perfect example of how ignorant most people are of the constitution. For the most part, the constitution does not grant you rights, it limits the powers of the government. In fact there was a lot of concern at the time of our founding that if a bill of rights were added to the constitution, some authoritarians later on would actually think that those were the only rights people had. By your argument, marriage is not a right because its no where in the constitution thus the government could outlaw all marriage. Cohabitation is not a right because its no where in the constitution, thus the government could outlaw cohabitation. Hell sex is no where in the constitution, thus by your reasoning a state government could require you have a permit to engage in sex, and could stipulate who you sleep with. The true slippery slope here would be if the federal courts actually to the extreme position of interpreting the constitution as you think they should. You could literally have a government as totalitarian as the government of Iran if the constitution were interpreted as you think it should be.
    That is exactly what I have been saying, the power of the federal govt is limited by the wording in the Constitution. If it isn't there or put there it doesn't exist or it may at the state and local level. Marriage isn't in the Constitution, it is common law. learn the difference

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by JasperL View Post
    You want to ban gays from accessing the institution of marriage. Call it what you will - human right, civil right, privilege of modern society - I don't care. But what you're upset about is people you don't approve of accessing a right/privilege that you have acknowledged was valuable and meaningful to YOU. If the courts keep going down this slippery slope, why would I care? I care more about the people able to access marriage, and their well being, than those who want to reserve that right/privilege to themselves and those like them. Two gays getting married doesn't affect or diminish my marriage or the marriage of anyone else. It's the beautiful thing about rights and privileges - extending them to others costs us NOTHING but the ability to express our "moral opprobrium" through restrictive access to those rights or privileges.
    What part of states' rights don't you understand. how many times do I have to say it? This is a state issue not a civil rights issue. There is a reason the SC hasn't ruled yet, figure it out.

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    What part of states' rights don't you understand. how many times do I have to say it? This is a state issue not a civil rights issue. There is a reason the SC hasn't ruled yet, figure it out.
    Unfortunatly the 14th ammendment and the equal protection clause make this an national issue as well.
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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    Quote Originally Posted by WorldWatcher View Post
    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 wrong because it specifically places limitations on the States.


    >>>>
    Great, how does this relate to common law? Did you read the definition of common law? Every American in this country has the same rights when it comes to marriage. I cannot marry my sister, my mother, my dog so you tell me what the difference is? Are you going to support that next?

    You said "or State Law".

    When a State amends it's Constitution, that is not "common law" that is State Constitutional Law, when a State enacts statutes, that Is Statutory Law.



    Typical reaction though, when you are getting your ass kicked on Constitutional Law deflect to incest and bestiality. Surprised you didn't throw in coffe table for inanimate objects and a 6-year old for raping a child.



    >>>>

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Unitedwestand13 View Post
    Unfortunatly the 14th ammendment and the equal protection clause make this an national issue as well.
    The 14th Amendment again relates to the Constitution. You want to amend the Constitution for Marriage, go for it

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    The 14th Amendment again relates to the Constitution. You want to amend the Constitution for Marriage, go for it
    Does the constitution not apply to the states?
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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by WorldWatcher View Post
    You said "or State Law".

    When a State amends it's Constitution, that is not "common law" that is State Constitutional Law, when a State enacts statutes, that Is Statutory Law.



    Typical reaction though, when you are getting your ass kicked on Constitutional Law deflect to incest and bestiality. Surprised you didn't throw in coffe table for inanimate objects and a 6-year old for raping a child.



    >>>>
    Great, now tell me how common law marriage relates to that clause? You don't seem to grasp that Marriage isn't a civil right, it is common law and history, precedence, and states agree with that fact.

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    Great, now tell me how common law marriage relates to that clause? You don't seem to grasp that Marriage isn't a civil right, it is common law and history, precedence, and states agree with that fact.
    And the precedent of this Case is loving v. Virginia.
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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    The 14th Amendment again relates to the Constitution. You want to amend the Constitution for Marriage, go for it
    This is absolute nonsense. You have been shown several times that the 14th Amendment refers to state laws, not anything in the Constitution itself, when talking about the EPC.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

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    Re: Alaska ban on same-sex marriage ruled unconstitutional

    Quote Originally Posted by Conservative View Post
    Great, now tell me how common law marriage relates to that clause? You don't seem to grasp that Marriage isn't a civil right, it is common law and history, precedence, and states agree with that fact.
    It is a law, which is subject to limitation under the EPC of the 14th Amendment, whether you wish to recognize this fact or not. At least three court cases ruled on by the SCOTUS have covered this issue, all three striking down state restrictions on marriage.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

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