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Thread: Supreme Court to take up same sex marriage issues in April

  1. #141
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    Re: Supreme Court to take up same sex marriage issues in April

    Quote Originally Posted by Deuce View Post
    You hope this but the 14th amendment applies to all state laws. This isn't a conflict, or a question of the 10th versus the 14th. States have the authority to "define marriage," that is already established. However, any such definitions still must comply with the 14th.
    As long as due process was respected, ssm can still be banned. That's how the 14th works.

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    Re: Supreme Court to take up same sex marriage issues in April

    Quote Originally Posted by AGENT J View Post
    All Americans? I didn't realize poligamy was before the court.

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    Re: Supreme Court to take up same sex marriage issues in April

    Quote Originally Posted by Jerry View Post
    All Americans? I didn't realize poligamy was before the court.
    It's not. But in case you care, adult incest is already legal in New Jersey. Apparently they can't marry, but they can have sex. You may want to get on the bandwagon to allow them to get married. Not my area of interest.

    Woman plans to marry her father after two years of dating | Fox News

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    Re: Supreme Court to take up same sex marriage issues in April

    Quote Originally Posted by Unitedwestand13 View Post
    if the feds have to keep out then what right do the states have to interfere.
    The Constitution makes it clear that any power not given to the Federal government is reserved for the States and the people.
    "We have met the enemy and they are ours..." -- Oliver Hazard Perry
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    Re: Supreme Court to take up same sex marriage issues in April

    Quote Originally Posted by Anthony60 View Post
    The Constitution makes it clear that any power not given to the Federal government is reserved for the States and the people.
    Yes, the people, not just the states. And the 14th makes it clear that the states must show at least some state interest is furthered in treating people differently.
    "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: Supreme Court to take up same sex marriage issues in April

    Quote Originally Posted by Deuce View Post
    You hope this but the 14th amendment applies to all state laws. This isn't a conflict, or a question of the 10th versus the 14th. States have the authority to "define marriage," that is already established. However, any such definitions still must comply with the 14th.
    Yes, and that has not been decided. The big issue is not SSM, it's following the Constitution.
    "We have met the enemy and they are ours..." -- Oliver Hazard Perry
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    Re: Supreme Court to take up same sex marriage issues in April

    Quote Originally Posted by Anthony60 View Post
    Yes, and that has not been decided. The big issue is not SSM, it's following the Constitution.
    States must abide by the Constitution too, including the Equal Protection Clause, which is violated by marriage bans based on gender/sex of those involved since the state cannot show any legitimate state interest is furthered by these bans. The Constitution is ultimately there to protect the citizens from the government, including state governments.
    "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: Supreme Court to take up same sex marriage issues in April

    Quote Originally Posted by roguenuke View Post
    Yes, the people, not just the states. And the 14th makes it clear that the states must show at least some state interest is furthered in treating people differently.
    What part of the 14th are you referencing?
    "We have met the enemy and they are ours..." -- Oliver Hazard Perry
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    Re: Supreme Court to take up same sex marriage issues in April

    Quote Originally Posted by roguenuke View Post
    States must abide by the Constitution too, including the Equal Protection Clause, which is violated by marriage bans based on gender/sex of those involved since the state cannot show any legitimate state interest is furthered by these bans. The Constitution is ultimately there to protect the citizens from the government, including state governments.
    It has not been decided that not changing the definition of marriage violates the equal protection clause.
    "We have met the enemy and they are ours..." -- Oliver Hazard Perry
    "I don't want a piece of you... I want the whole thing!" -- Bob Barker

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    Re: Supreme Court to take up same sex marriage issues in April

    Quote Originally Posted by Anthony60 View Post
    What part of the 14th are you referencing?
    Equal protection clause. Not too hard to figure out. Certainly as clear as the tenth and how it divides power between the states and the people.
    "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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