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

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

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

    this now creates a conflict with other circuits and pretty much guarantees a supreme court case.

    The U.S. Sixth Circuit Court of Appeal, which upheld same-sex marriage bans in Michigan, Ohio, Kentucky and Tennessee, issued its decision three months after hearing same-sex marriage cases from all four states. In each of those states, federal judges had struck down same-sex marriage bans on constitutional grounds.
    Last edited by Kal'Stang; 11-06-14 at 05:56 PM.



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

    How many people who argued "It's the law" when courts struck these laws down are sticking with that argument today I wonder?
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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by TurtleDude View Post
    Appeals court upholds laws against gay marriage in Michigan, 3 other states

    this now creates a conflict with other circuits and pretty much guarantees a supreme court case.

    The U.S. Sixth Circuit Court of Appeal, which upheld same-sex marriage bans in Michigan, Ohio, Kentucky and Tennessee, issued its decision three months after hearing same-sex marriage cases from all four states. In each of those states, federal judges had struck down same-sex marriage bans on constitutional grounds.
    To help me not have to read the entire ruling, and since it wasn't described in the article (which I did read), what citation from the Constitution did the court cite as the basis of the ruling?
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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by Beaudreaux View Post
    To help me not have to read the entire ruling, and since it wasn't described in the article (which I did read), what citation from the Constitution did the court cite as the basis of the ruling?
    mainly the will of the voters should be respected. I have to see which panel was on it (three judges)

    I suggest that a request for a ruling en banc will happen first but maybe not

    that would mean all of the judges on the circuit rehear the case. You can get a panel that decides in a way that most of the judges would disagree


    ah it was Judge Sutton (very "conservative but he upheld Obamacare and he is one of the two real intellectual heavyweights on the Circuit), Judge Cook (another conservative also from Ohio) in the majority with Clinton Appointee Marta Craig Daughtery dissenting

    I have argued before Cook and MCD and both are pretty good. Sutton is a superstar and has been mentioned as a USSC justice but he has lately been surpassed by another Bush appointee who is less flamboyant but equally bright

    2-1 might mean en banc



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

    Quote Originally Posted by jmotivator View Post
    How many people who argued "It's the law" when courts struck these laws down are sticking with that argument today I wonder?
    It's the law, in those affected states right now, and I expect those states to continue the bans until SCOTUS rules otherwise. (which they will do)

    I'm not sure what other argument you would have expected.

    edit:

    Quote Originally Posted by TurtleDude View Post
    2-1 might mean en banc
    Or this. En banc rules to overturn bans and we go back to your regularly scheduled programming.
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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by TurtleDude View Post
    mainly the will of the voters should be respected. I have to see which panel was on it (three judges)

    I suggest that a request for a ruling en banc will happen first but maybe not

    that would mean all of the judges on the circuit rehear the case. You can get a panel that decides in a way that most of the judges would disagree


    ah it was Judge Sutton (very "conservative but he upheld Obamacare and he is one of the two real intellectual heavyweights on the Circuit), Judge Cook (another conservative also from Ohio) in the majority with Clinton Appointee Marta Craig Daughtery dissenting

    I have argued before Cook and MCD and both are pretty good. Sutton is a superstar and has been mentioned as a USSC justice but he has lately been surpassed by another Bush appointee who is less flamboyant but equally bright

    2-1 might mean en banc
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    Re: Appeals court upholds laws against gay marriage in Michigan, 3 other states

    Quote Originally Posted by TurtleDude View Post

    I suggest that a request for a ruling en banc will happen first but maybe not

    ...snip...

    2-1 might mean en banc
    Could you explain that a bit please?
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    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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

    Quote Originally Posted by Redress View Post
    Could you explain that a bit please?

    They can only request it, but it is by no means the entire court will choose to re-hear it.

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

    Scanning through the opinion, I tend to agree with the dissent(shocking, I know). The argument that the two judges made in upholding the law is basically that it is better done by he people and not the states. As Daughtery states, this is a fine civics speech, but does not address the actual constitutional issues that they where asked to look at. They instead kinda just sidestepped them. Admittedly, it is somewhat safe to sidestep them since the case is going to eventually be decided at a higher level, but that does not make their sidestep the right action to take.
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    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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

    Quote Originally Posted by Hicup View Post
    They can only request it, but it is by no means the entire court will choose to re-hear it.

    Tim-
    That is not clearing it up for me. Might have to back up a step and dumb it down for me a little more. I give you permission to talk down to me.

    Edit: got off my lazy ass and looked it up. It makes sense now.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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