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

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

    Quote Originally Posted by Taylor View Post
    If it were to happen, it would have to be someone very well respected and popular. I, too, would prefer a brilliant legal mind, but could see someone else being confirmed if the public were behind it.
    Yeah, when we descend into "Idiocracy" full blown and the "president of amerika" shows up to the senate, with rawk music blasting and senators in their 20s throwing things and yelling "you're a dick! Nebraska represent!" Then i could see justice schwarzanneger or justice ex-alabama probate judge who defied federal court order

    Fact is most of the public is unaware when there's even a nomination being made, unless the media makes a stink over it, which would only happen if the nominee is *woefully unqualified* i.e. no legal training
    Last edited by chromium; 02-11-15 at 07:15 PM.

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

    Quote Originally Posted by Deuce View Post
    The case is binding. Why do you think it isn't?
    I've answered this at least a dozen times in this thread. District court decisions are not binding on state courts. This is just a statement of fact. And before you go there... No, that doesn't mean state officials can ignore a court orders directed at them.

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

    Quote Originally Posted by Taylor View Post
    I've answered this at least a dozen times in this thread. District court decisions are not binding on state courts. This is just a statement of fact. And before you go there... No, that doesn't mean state officials can ignore a court orders directed at them.
    So what's the point that you're trying to make? The fact that the federal ruling won't affect state rulings is irrelevant to the discussion isn't it?
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

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

    Quote Originally Posted by Taylor View Post
    I've answered this at least a dozen times in this thread. District court decisions are not binding on state courts. This is just a statement of fact. And before you go there... No, that doesn't mean state officials can ignore a court orders directed at them.
    A court decision that overturns a state law is binding to state courts because state courts are bound by state law.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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

    Quote Originally Posted by Gaius46 View Post
    So what's the point that you're trying to make? The fact that the federal ruling won't affect state rulings is irrelevant to the discussion isn't it?
    I made the point when people in this thread were claiming these probate judges were breaking the law, acting in contempt, were going to be sued and disbarred for their refusal to issue licenses. All false because they were not a party to the lawsuit and therefore are not (yet) required to abide by the decision. As I also said earlier, this will likely change starting tomorrow when the judge hears requests to add the first judge as a defendant.

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

    Quote Originally Posted by Deuce View Post
    A court decision that overturns a state law is binding to state courts because state courts are bound by state law.
    No, her Constitutional interpretation is non-binding... another district court in the state could interpret the Constitution very differently and it would be just as valid (and non-binding).
    Last edited by Taylor; 02-11-15 at 09:34 PM.

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

    Quote Originally Posted by Taylor View Post
    I made the point when people in this thread were claiming these probate judges were breaking the law, acting in contempt, were going to be sued and disbarred for their refusal to issue licenses. All false because they were not a party to the lawsuit and therefore are not (yet) required to abide by the decision. As I also said earlier, this will likely change starting tomorrow when the judge hears requests to add the first judge as a defendant.

    That's not totally true.

    Probate Judge Don Davis added yesterday as a defendant -->> https://www.documentcloud.org/docume...r-2-10-15.html

    The subject of tomorrows hearing isn't whether to add him as a defendant or not, the purpose of the hearing tomorrow is to determine whether or not the Federal District Court Judge will issue an injunction against the Probate Judge requiring him to perform his duties. If such an injunction is issued (which IIRC is called a writ of mandamus) and the Probate Judge then continues to refuse to perform their duties, then they can be found in contempt of the District Court Judges order.



    Mandamus | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute


    >>>>

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

    Quote Originally Posted by roguenuke View Post
    Many of us don't believe this does cause harm. However, there is a legitimate argument that bodily fluids that are normally contained by clothing can cause a public health concern. This public health concern at the very least is legitimate enough of a state interest to justify laws that require covering at least the genitalia. We may see a challenge to these laws in the future that goes differently, and I know at least I wouldn't care if they were struck down, particularly those that prevent women from exposing their breasts.
    Aids is a public health concern.

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

    Quote Originally Posted by roguenuke View Post
    A "power grab" that the majority is perfectly content with allowing them to keep due to the fact that it protects our individual rights from both the state and federal government. There is no other way for the people to non-violently stop the government from infringing on rights or violating the US Constitution, especially if it is the people in government who are trying to infringe upon our rights.
    The majority have no idea how this government runs. If they did, I doubt they would approve a jurocracy.

    If you're willing to sell your power of self-determination as a people for the small price of allowing gay marriage....that's your decision. I disagree strongly.

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

    Quote Originally Posted by chromium View Post
    if anyone doubted southerners are nostalgic for slavery...
    Slavery still exists, in many forms

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