Page 36 of 87 FirstFirst ... 2634353637384686 ... LastLast
Results 351 to 360 of 869

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

  1. #351
    Sage
    Sherman123's Avatar
    Join Date
    Jul 2012
    Location
    Northeast US
    Last Seen
    11-23-17 @ 11:12 AM
    Gender
    Lean
    Undisclosed
    Posts
    7,774

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

    Quote Originally Posted by Taylor View Post
    That's just wrong. Last I read, the vast majority of states have existing law that differs from the federal precedent. This continues to occur as recently as a couple of years ago.



    District court rulings are not binding. Sorry. Higher courts did not consider whether or not to overturn the ruling, just whether or not to stay.


    Moore has that right regardless of what happens. Had the governor not refused to enforce Moore's order to not issuelicenses to same sex couples, probate judges would have been in a "damned if you do, rammed if you don't" position that could only be resolved by the Supreme Court.
    It isn't wrong. It's verbatim from his mouth "Indeed, state courts have authority equal to that of federal trial and appellate courts to interpret the Constitution." I'm not sure what you are trying to refer to but when a Federal court ruling on a federal question is issued it trumps state law so long as the ruling is issued within the jurisdiction of the court and is applicable. State courts do not have 'equal authority' to interpret the Constitution to federal courts.

    District court orders are absolutely binding on the states when directed against officials for violations of the Constitution, which this was. There is no credible argument that an order from a district court judge on a federal question isn't binding. Moore knows this and his only redoubt has been that the probate judges aren't really under the authority of the 'state' i.e. the executive and he has the sole authority to instruct them and that therefore no order is being violated.

    He is going to lose.
    Last edited by Sherman123; 02-11-15 at 12:13 AM.

  2. #352
    Guru
    WorldWatcher's Avatar
    Join Date
    Jun 2013
    Last Seen
    11-25-17 @ 10:09 AM
    Gender
    Lean
    Independent
    Posts
    3,041

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

    Quote Originally Posted by Taylor View Post
    This is a district court case. There is more than one district in the state. Justices in other districts need not comply with this ruling as it is non-binding.

    What you previously said was "Probate judges are not currently required to issue licenses to same-sex couples (in fact, the opposite) but that could change starting Thursday."

    Judge Davis IS in the same District and as of today is a named defendant in the case for refusing to issue licenses. Hearing is Thursday, I'd expect a ruling on Friday.


    >>>>

  3. #353
    Sage
    Sherman123's Avatar
    Join Date
    Jul 2012
    Location
    Northeast US
    Last Seen
    11-23-17 @ 11:12 AM
    Gender
    Lean
    Undisclosed
    Posts
    7,774

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

    Quote Originally Posted by Taylor View Post
    This is a district court case. There is more than one district in the state. Justices in other districts need not comply with this ruling as it is non-binding.
    When a district court issues an order to state officials under the basis of a Constitutional violation they must obey. They aren't giving a parallel interpretation to consider they've been given a direct order.

  4. #354
    Sage
    Sherman123's Avatar
    Join Date
    Jul 2012
    Location
    Northeast US
    Last Seen
    11-23-17 @ 11:12 AM
    Gender
    Lean
    Undisclosed
    Posts
    7,774

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

    In any event this will all be over soon and SSM will likely be the law of the land before summer. We can finally put the issue behind us.

  5. #355
    Sage
    Taylor's Avatar
    Join Date
    Aug 2009
    Location
    US
    Last Seen
    Today @ 09:37 AM
    Lean
    Undisclosed
    Posts
    6,159

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

    Quote Originally Posted by WorldWatcher View Post
    What you previously said was "Probate judges are not currently required to issue licenses to same-sex couples (in fact, the opposite) but that could change starting Thursday."

    Judge Davis IS in the same District and as of today is a named defendant in the case for refusing to issue licenses. Hearing is Thursday, I'd expect a ruling on Friday.


    >>>>
    ?? If you're pointing out an area of disagreement that I haven't already addressed, I don't follow. Yes, all of the above is true.

  6. #356
    Sage
    Taylor's Avatar
    Join Date
    Aug 2009
    Location
    US
    Last Seen
    Today @ 09:37 AM
    Lean
    Undisclosed
    Posts
    6,159

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

    Quote Originally Posted by Sherman123 View Post
    When a district court issues an order to state officials under the basis of a Constitutional violation they must obey. They aren't giving a parallel interpretation to consider they've been given a direct order.
    Yes, an order is different than non-binding precedent.

  7. #357
    Sage
    Taylor's Avatar
    Join Date
    Aug 2009
    Location
    US
    Last Seen
    Today @ 09:37 AM
    Lean
    Undisclosed
    Posts
    6,159

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

    Quote Originally Posted by Sherman123 View Post
    It isn't wrong. It's verbatim from his mouth "Indeed, state courts have authority equal to that of federal trial and appellate courts to interpret the Constitution." I'm not sure what you are trying to refer to but when a Federal court ruling on a federal question is issued it trumps state law so long as the ruling is issued within the jurisdiction of the court and is applicable. State courts do not have 'equal authority' to interpret the Constitution to federal courts.
    Sorry, you're either making this up, or are relying on sources that don't understand how the law works. Neither district or circuit court of appeals rulings are binding on state courts.

  8. #358
    Sage
    roguenuke's Avatar
    Join Date
    Nov 2007
    Location
    Raleigh, NC
    Last Seen
    05-17-17 @ 05:55 PM
    Gender
    Lean
    Moderate
    Posts
    28,935

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

    Quote Originally Posted by Peter Grimm View Post
    Have you read any American history?

    We're the UNITED STATES, emphasis on STATES. The way things are now, we ought to change the name of our country to the American Federal Republic.

    What the hell does a state do anymore? I'll tell you, what we have become is NOT what the original founders had in mind.
    Yes, we are the United States, but the emphasis is no longer on the states, a fact that was taken care of well over a century ago in this conflict known to us as the Civil War. That is the main thing the Civil War was about, placing the federal powers above the states' when it comes to particularly individual rights of the people of those states. It is when we became "the United States" as a country, not "the united states" as a group of state. It is why we say the United States "is" rather than "are".
    "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.

  9. #359
    Sage
    roguenuke's Avatar
    Join Date
    Nov 2007
    Location
    Raleigh, NC
    Last Seen
    05-17-17 @ 05:55 PM
    Gender
    Lean
    Moderate
    Posts
    28,935

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

    Quote Originally Posted by Peter Grimm View Post
    Wouldn't it?

    If the federal government hadn't stepped in, would Alabama still be segregated today? I seriously doubt it. Just because progress sometimes occurs more slowly in some places compared to others, doesn't give Uncle Sam the right to force-feed that progress upon an unwilling public.

    You have to let things run their course, let people determine their own destiny.
    Considering the fact that Alabama just recently removed, as in within the last 2 years, segregation mandates from its state constitution, despite the laws not being able to be enforced for over 50 years now, I'd say it isn't too hard to imagine that Alabama might still be segregated today without the SCOTUS decision. The vote wasn't even unanimous and it was done by the legislature, because the people have yet to vote to do so.

    Alabama Is Still Removing Segregationist Language from Its Constitution - The Wire

    I can't actually find out if the mandate was actually removed.
    "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.

  10. #360
    Quantum sufficit

    Threegoofs's Avatar
    Join Date
    Mar 2013
    Location
    The birthplace of Italian Beef
    Last Seen
    Today @ 01:55 AM
    Gender
    Lean
    Undisclosed
    Posts
    26,522

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

    Quote Originally Posted by roguenuke View Post
    Considering the fact that Alabama just recently removed, as in within the last 2 years, segregation mandates from its state constitution, despite the laws not being able to be enforced for over 50 years now, I'd say it isn't too hard to imagine that Alabama might still be segregated today without the SCOTUS decision. The vote wasn't even unanimous and it was done by the legislature, because the people have yet to vote to do so.

    Alabama Is Still Removing Segregationist Language from Its Constitution - The Wire

    I can't actually find out if the mandate was actually removed.
    And yet he never responds to this stuff.
    Many Trump supporters have lots of problems, and those deplorables are bringing those problems to us. They’re racists. They’re misogynists. They’re islamophobic. They're xenophobes and homophobes. And some, I assume, are good people.

Page 36 of 87 FirstFirst ... 2634353637384686 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •