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

  1. #451
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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.
    Fair enough. My understanding is that you don't have to be a party to the lawsuit to be held in civil contempt. You only need to be subject to a court order. Judge Garande denied the contempt motion because in her words "the order didn't directly order [Probate Judge] Davis to do anything." She drafted the order so we have to take her word for it's interpretation but I read it to be inclusive of all state agents.

    In any case you're right. They'll be added as defendants in the next few days and will either comply or be held in contempt.
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

  2. #452
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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by Gaius46 View Post
    Fair enough. My understanding is that you don't have to be a party to the lawsuit to be held in civil contempt. You only need to be subject to a court order.
    Yes, it's certainly true that state officials over which the attorney general has control must comply without being named specifically.

    With respect to Davis, he was originally named as a defendant, but for some odd reason they requested he be removed, now they're fixing that error.

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

    Quote Originally Posted by Wiggen View Post
    As are you. It's because of people with your attitude that we had black and white drinking fountains and black students not allowed to attend state universities. Thankfully, you are a vanishing breed.
    That's just funny. If there were more people like me, who want the Constitution enforced, there would not have been black & white drinking fountains. It's the people like you, on the left, who just care about the ends, and screw the Constitution, that enable governments to take our liberties.
    "We have met the enemy and they are ours..." -- Oliver Hazard Perry
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  4. #454
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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by Montecresto View Post
    [/B]

    To the bolded, that's interesting commentary. Which, if either, do you consider superior?
    I prefer to think of myself as a US citizen first, and actually don't really think that much about being a citizen of the state I live in. It may have to do with many things. For one, I haven't lived in the same state since I became an adult for longer than 4 years, and even then I knew it would be "temporary" since it was due to being stationed there, either me or my husband. And I never really cared which state I ended up in once I got out, so long as I got to check out the specific area we would be moving to beforehand. It started prior to my joining the military though. This could be because my parents are from different states and their families from different parts of the country (mother from North, father from South). My mother and her family seemed to be much more positive influences on my feelings and how I was raised though. Being raised in the South, there were plenty of my peers that would say things like "the South will rise again". I was actually born in a different state than the one I consider my home state because my parents were in the Army at the time.

    Now, don't get me wrong. I don't think there is any issue with having pride in the state you are from or trying to defend it. I do however feel that the main argument people use concerning states' rights is that the federal government is attempting to create a tyranny over the states, to "steal" their power. The problem here is that in most cases, the states are actually trying to prevent individuals from doing something or treating them unequally using laws and justifying this as "the majority of this state wants this". A tyranny of the majority is such whether it is a majority of the country or a majority within the state. The most important thing the Constitution was meant to protect was individual freedoms, and despite many beliefs, the founding fathers were not in agreement in whether states or the federal government should have more power. There was a lot of division in this.
    "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.

  5. #455
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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by Anthony60 View Post
    That's just funny. If there were more people like me, who want the Constitution enforced, there would not have been black & white drinking fountains. It's the people like you, on the left, who just care about the ends, and screw the Constitution, that enable governments to take our liberties.
    the majority of your posts prove this wrong lol
    also when you say "left" your post is sure to fail just like when a person says "right" and groups them all together
    you have proven many times over that you are not interested in the constitution or individual rights
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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by Anthony60 View Post
    I didn't say the SCOTUS can't take cases on Constitutionality. Who would enforce it? That's the problem. Who is enforcing the Constitution now? Seems to me that nobody is, or just barely, if at all.

    That's why Obama can run around threatening Congress that they better make a law that he wants, or he'll do it himself. Absolutely a separation of powers issue. But he doesn't care, who is going to stop him? No one on the left and very few republicans. He is abusing the system.

    The Founders just assumed that if the President tried to take Congress's powers, that they would stop him. They never thought that they would just lay down like these idiots. So we are left with no one to stop this stuff.
    The enforcement comes from various places, including the people believing that such rulings should be binding and enforced. We have also seen that the other branches are willing to enforce and/or abide by the SCOTUS' rulings as well, as is evidenced by the fact that states don't enforce sodomy laws or other laws that have been struck down by the SCOTUS in the past. Look at Loving or Brown, both contested by small groups of people or in at least one famous case, a governor, but still enforced even through action (National Guard escorts).

    In reality, any law could simply be ignored if people wanted to do so and there would be nothing the legislature, the President, or SCOTUS could do about it if enough people ignored the law.
    "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: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by Peter Grimm View Post
    Aids is a public health concern.
    Which is caused by unsafe sexual practices, not homosexuality or same sex relationships.
    "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.

  8. #458
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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by Peter Grimm View Post
    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.
    I refuse to grant that power to the state governments, who have proven time and again that they have much less respect for individual rights, my individual freedoms, than the federal government has ever shown.
    "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. #459
    I'm kind of a big deal

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

    Best part about this . . . .

    in the end it is and will actually HELP equal rights lol

    just like all the bannings did and discrimination did before it

    I knew when DOMA fell that was basically it, it would be a domino fact because states and business and bigots etc would be rushing to find ways to discriminate or to keep discriminating and that would give a very solid legal vehicle to use to fight for equal rights.

    There was actually no bigger help than all the state banning . . . . it made it perfect to fight against that illegal discrimination and reverse it, making those unconstitutional laws reality is what helped more than anything else . . .

    its awesome actually I laugh everyday at how stupid they were and bigots like them for actually helping without realizing it . . .

    its sweat poetic justice and it leaves them upset, crying and with egg all over thier faces
    This space is currently owned by The Great Winchester, stay tuned for future messages!
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    Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses

    Quote Originally Posted by chromium View Post
    Until a pattern is proven and they're hauled into court and have to choose between committing perjury and losing a lawsuit
    The thought police haven't perfected mind reading. But keep your fantasies about being able to control people's lives, it will see you through.

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