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Thread: Appeals court upholds laws against gay marriage in Michigan, 3 other states

  1. #71
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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by Gringo allstar View Post
    No you're arguing that the courts should overturn the will of the people,
    Lol, nice try. I've argued that the will of the people is irrelevant to judicial decisions.

    as in the state constitution of MI. Which they did, now stop whining although you wear it well.
    What part of - the will of the people, doesn't get to deny people rights, privileges or benefits - do you have a problem with? Whether it's put into a state constitution is irrelevant. I... wear whining well? Wha?
    Last edited by Hatuey; 11-06-14 at 10:22 PM.
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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by Gringo allstar View Post
    No it was a decision made by men in black robes who were racist bigots. It had nothing to do with the will of the "southern people" it had everything to do with the will of racist judges. This really isn't that hard if you would take the time to think it through. Who's hard up for an argument?? Nice try but you failed miserably.
    Lmao, you do know that President Buchanan actually pressured SCOTUS to vote in a manner that would prevent war with the Southern States yes? He actually pressured one of the Northerners on the court to vote in against Scott so that the decision wouldn't look like it was made along ideological South/North lines? Right? No - you really have no idea what you're discussing. Dred Scott was a will of the people decision made to please some people. As such, it is hailed as one of the worst decisions in SCOTUS. Again, pointing out it was made by Democrats or Republicans doesn't make your ridiculous argument that majorities get to deny rights any less ridiculous.
    Last edited by Hatuey; 11-06-14 at 10:23 PM.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

  3. #73
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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by chromium View Post
    They aren't very bright at all if this is how they ruled

    Then again, the best i could say for them is compartmentalized insanity
    there might be 6 federal judges in the country as smart as Sutton.



  4. #74
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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by Sherman123 View Post
    Wasn't this heavily expected? I imagine now we can finally have the Supreme Court rule and end the SSM discussion.
    on the 6th circuit, you could have had a 2-1 the other way if say Judge White (appointed by Bush to appease Democrats, she is Carl Levin's niece and a liberal) had been on the panel instead of Cook. This may well end up in front of the entire 6th Circuit

    Donald, Stranch, White, Gilman, Clay, Moore, are all juges I believe would have voted with Judge Daughtrey on this matter.



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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by Hatuey View Post
    Since when does the "will of the people" define the rights, benefits and privileges of others? Thanks for endorsing mob tyranny.
    remind me your views on say popular gun control laws or progressive taxes like the death tax



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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by matchlight View Post
    Of course I don't accept that state marriage laws violate either equal protection or due process by excluding partners of the same sex, any more than they violate those rights by excluding partners who are too closely related, multiple partners, or partners who are already married.
    I don't think anyone is questioning what you accept. The problem is you have no rational basis for denying same-sex couples marriage licenses. And the judge ignored that largely, and instead focused on how important the democratic process was, ignoring the fact the courts are supposed to be a check on that process. Similar reasoning in other cases is why 24 out of 25 decisions from this court appealed to SCOTUS have been reversed.
    "Give me your tired, your poor, your huddled masses yearning to breathe free."
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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by TurtleDude View Post
    there might be 6 federal judges in the country as smart as Sutton.
    That doesn't bode well for the legal system then, but as someone said, 25/26 6th circuit cases overturned by SCOTUS (adding another soon) is worst in the country.

    Not a single reference to the constitution, that i've seen, in the majority ruling. This pathetic appeal to the masses (i guess let's make joe blow a federal judge!) that undermines the court's own authority ranks down there with scalia's dissent in lawrence v texas: "we ought not take part in the culture wars, many americans don't want homosexuals as neighbors"

    Yeah that's some wonderful constitutionally sound reasoning

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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by TurtleDude View Post
    on the 6th circuit, you could have had a 2-1 the other way if say Judge White (appointed by Bush to appease Democrats, she is Carl Levin's niece and a liberal) had been on the panel instead of Cook. This may well end up in front of the entire 6th Circuit

    Donald, Stranch, White, Gilman, Clay, Moore, are all juges I believe would have voted with Judge Daughtrey on this matter.
    They're appealing directly to SCOTUS in order to make cert by the january deadline for this term. I think they've had enough of the 6th circuit

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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by chromium View Post
    They're appealing directly to SCOTUS in order to make cert by the january deadline for this term. I think they've had enough of the 6th circuit
    Sutton is extremely well respected by Scalia (he clerked for Scalia) Roberts, Alito, Thomas, and Kennedy. Some say Roberts silly splitting the baby was partially influenced by Sutton's opinion upholding Obama Care. Don't underestimate this when the Supremes hear the case. There are Very Few Circuit judges with the intellectual acuity of Judge Sutton: one being fellow 6th Circuit member Raymond Klethledge who is also a W appointee



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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by Lakryte View Post
    They glossed over virtually all modern court decisions surrounding marriage and treatment of gay individuals and relied on the 11 word summary judgment of Baker v. Nelson.

    Here is the decision (it starts on page 17)
    http://sblog.s3.amazonaws.com/wp-con...ng-11-6-14.pdf

    The dissent starts on page 53, and basically answers your question about how poorly the court ruled.

    The author of the majority opinion has drafted what would make an engrossing TED Talk
    or, possibly, an introductory lecture in Political Philosophy. But as an appellate court decision, it
    wholly fails to grapple with the relevant constitutional question in this appeal: whether a state’s
    constitutional prohibition of same-sex marriage violates equal protection under the Fourteenth
    Amendment. Instead, the majority sets up a false premise—that the question before us is “who
    should decide?”—and leads us through a largely irrelevant discourse on democracy and
    federalism.


    She nailed it.
    Wow!!! Don't think I have ever read a dissent that sharp in it's tone. After reading the entire document now... I have to agree with her as well.

    I look forward to reading the ruling when the SCOTUS gets this case.
    Everything in your life is a reflection of a choice you have made. If you want a different result, don't blame someone else, or expect others to make a change, you should stop complaining and make a different choice. Remember, the circumstances of your birth don't determine the outcome of your life.

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