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Thread: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses[W:344,535,718]

  1. #331
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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by it's just me View Post
    And I find it REALLY tedious when people bitch about "discrimination" where none exists.
    well, if none exists, sure, point it out.

    When it comes to marriage, there are still states where discrimination exists. As well as in a lot of other areas.

    Oh, what, if you don't consider it discrimination, it's not?

    As Jesse in "Breaking Bad" would say - "get over yourself, Bitch"

  2. #332
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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by Peter Grimm View Post
    I don't want judges involved at all.

    DAMN those founding fathers who set up the judiciary wing of government!

    actually, I'm cool with them

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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by it's just me View Post
    Then they will stop saying so, and that will put an end to your game. Do you want justice or do you just want it your way?
    And so much for the argument "we don't need public accommodation laws because businesses that are bigoted will be known and people won't shop there anymore"....

    Pretty much puts an end to YOUR game

  4. #334
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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by Taylor View Post
    There is no possibility of contempt because they were not parties to the case.

    The decision is non binding because it is a district court case. It is not even binding within the same district much less the entire state. The only thing "binding" (for lack of a better word) is the order directed at the defendant, which is the Attorney General with no power over issuing marriage licenses.
    Roy Moore is advancing a pseudo form of legal departmentalism that has been a discredited and dead theory for at least a half century if not much longer. The notion that the Alabama state courts are just as competent to interpret the Constitution (the point Moore rests his position on) has been a dead letter since Brown v. Board. This was a federal question which a Federal court clearly had subject matter jurisdiction over, that district court made a ruling on which is absolutely binding, all appellate attempts by the state were exhausted without the order being overturned. The only question left is whether or not the district court by virtue of binding the 'attorney general' left an opening for Moore to assert his authority over the probate judges and deny the issuance of licenses. He will almost certainly lose this fight--federal courts do not take challenges to their authority lightly.

    Edit: The contempt would come after this Thursdays hearing if a writ of mandamus is issued and no stay is granted pending a hearing. In any other state this wouldn't be necessary but Moore has exerted enormous pressure on his judges to commit to a policy of intransigence and a firmer 'out' is needed to hurry this along.

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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by meister View Post
    nice to see that you know how to project....poorly.
    I'm all for civil unions, dude/dudette, civil unions have nothing to do with religion. They can give all the bells and whistles that a marriage offers.
    so please, take your hate filled heart and shove it........
    .....wwjd

  6. #336
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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by WorldWatcher View Post
    The governor doesn't control Federal Court contempt charges.
    Nobody has claimed otherwise.


    Quote Originally Posted by WorldWatcher View Post
    An amended complaint has already been filed and a hearing is scheduled concerning Judge Don Davis refusal to issue licenses for Thursday at 1:00PM. The outcome of that hearing will either be a dismissal or injunction against Davis (probably in the form of a writ of mandamus). Then if Judge Davis doesn't comply he'd be subject to Federal contempt charges.

    https://www.documentcloud.org/docume...r-2-10-15.html

    >>>>
    Yes, I mentioned this above. Probate judges are not currently required to issue licenses to same-sex couples (in fact, the opposite) but that could change starting Thursday.

    Judges have to be named individually as defendents and an order made. But... there's still the possibility that the law will differ across the state because Justice Granade's decision is non-binding.

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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by Peter Grimm View Post
    I wouldn't call Texans "southerners."

    Nothing wrong with southerners, just that Texans are their own thing. We don't have the history or the culture of the deep south.
    Right, Texas has it's own ****ed up racist culture to deal with.

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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by it's just me View Post
    Yeah, to hell with what the people want. Who needs elections?
    You really want basic rights to be subject to the will of the voters? What in the hell do you think the Bill of Rights was all about? Do yourself a favor and take a basic course on constitutional law.
    "Groups with guitars are on the way out, Mr. Epstein"

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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by Taylor View Post
    Nobody has claimed otherwise.



    Yes, I mentioned this above. Probate judges are not currently required to issue licenses to same-sex couples (in fact, the opposite) but that could change starting Thursday.

    Judges have to be named individually as defendents and an order made. But... there's still the possibility that the law will differ across the state because Justice Granade's decision is non-binding.
    On what basis do you think a US District Court's ruling on a federal question, that has been exhausted through the appellate process, is not binding?

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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by Deuce View Post
    Uhh, no. The ruling is binding for the entire state.
    You are arguing here with people who don't have a frickin' clue about things like supremacy clauses. Good luck with that. Explaining how Federal court rulings on civil rights take precedence over anything a state does is like teaching card tricks to a Beagle.
    "Groups with guitars are on the way out, Mr. Epstein"

    Dick Rowe, A & R man
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