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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]

    This issue gets sticky in that the Supremacy Clause only applies to the 17 enumerated powers. The federal government is pretending it has the authority to regulate marriage, which they do not. So the Alabama may refuse to obey the federal ruling arguing that the states hold the power to make all rulings outside the specified realm of the federal government. Like it or not that is how our system was set up. Much of the power the federal government wields is not theirs and they only h ave it because We the People failed to tell them no.
    Last edited by tech30528; 02-15-15 at 12:41 PM.

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

    Quote Originally Posted by tech30528 View Post
    This issue gets sticky in that the Supremacy Clause only applies to the 17 enumerated powers. The federal government is pretending it has the authority to regulate marriage, which they do not. So the Alabama may refuse to obey the federal ruling arguing that the states hold the power to make all rulings outside the specified realm of the federal government. Like it or not that is how our system was set up. Much of the power the federal government wields is not theirs and they only h ave it because We the People failed to tell them no.
    The federal government is not telling Alabama what to do. The federal courts are. That is the difference. There is a Hierarchy to the laws in this county.

    hierarchy.jpg


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

    Quote Originally Posted by 1750Texan View Post
    You are arguing that the Federal court judge's ruling only effected one probate judge...That is ridiculous. That is like saying the Supreme Courts' Row v Wade ruling only was meant for Norma Leah McCorvey's pregnancy.
    Not ridiculous, it's even been acknowledged by the judge who issued the ruling. Roe v Wade was specific to that case as mandated by the Constitution's cases and controversies clause. The difference between that case and this one is that the legal interpretation in the Supreme Court ruling is binding on every court in the country, and a Federal district court ruling doesn't even bind courts in the same district.

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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
    Not ridiculous, it's even been acknowledged by the judge who issued the ruling. Roe v Wade was specific to that case as mandated by the Constitution's cases and controversies clause. The difference between that case and this one is that the legal interpretation in the Supreme Court ruling is binding on every court in the country, and a Federal district court ruling doesn't even bind courts in the same district.
    ridiculous...


    Judge Roy is not adjoined in any litigation before the Supreme court or any federal court on this matter. His authority is cases before the Alabama Supreme Court.

    The state of Alabama went to the Supreme Court for the stay and it was denied.

    the State of Alabama is the applicant...not Judge Roy. He has no legal standing in this matter. None.
    Last edited by 1750Texan; 02-15-15 at 12:56 PM.


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

    Quote Originally Posted by roguenuke View Post
    Anyone is free to have that opinion. It is when some want to push that opinion on everyone. Just as people are free to have the opinion that ugly people, stupid people, poor people, infertile couples, nonvirgins, atheists, pagans, non-Christians, old people, different age couples, interracial couples, or interfaith couples should not get married/be together even. That is their opinion to have. It quits being just their opinion though when they try to impose their opinion on others, impeding their rights.
    Correct that is the obvious difference.
    Seems some how if you don't let people violate the rights of others that is intolerance. Hahaha
    "We are never done with lessons, not while we live"

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

    Quote Originally Posted by tech30528 View Post
    This issue gets sticky in that the Supremacy Clause only applies to the 17 enumerated powers. The federal government is pretending it has the authority to regulate marriage, which they do not. So the Alabama may refuse to obey the federal ruling arguing that the states hold the power to make all rulings outside the specified realm of the federal government. Like it or not that is how our system was set up. Much of the power the federal government wields is not theirs and they only h ave it because We the People failed to tell them no.
    That's not what is happening though, what is actually happening is the the Federal Government is stopping the states from violating the 14th. That's the real issue, marriage is basically a subtopic. But you are correct about one thing, like it or not that is how are system was set up and it's working.
    "We are never done with lessons, not while we live"

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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
    The difference between that case and this one is that the legal interpretation in the Supreme Court ruling is binding on every court in the country, and a Federal district court ruling doesn't even bind courts in the same district.
    Incorrect. What you have conveniently failed to acknowledged is that the Federal court ruled Alabama's ban on SSM unconstitutional. You also choose not to acknowledge that the Supreme court did not accept Alabama's request to stay that ruling.

    You wish to argue that Judge Roy's ruling instead of acknowledging Federal judges ruling to one[ or all] probate judges in Alabama has no effect on the initial federal court ruling or the Supreme court's denial of stay are still valid and standing orders.

    It is ridiculous to continue to argue Judge Roy's reasoning when Probate Judges are abandoning Judge Roy's invalid ruling and complying with the federal court judges and the Supreme court judges.
    Last edited by 1750Texan; 02-15-15 at 02:05 PM.


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

    Quote Originally Posted by Taylor View Post
    Let's not put the cart before the horse. A right first has to exist before it may be infringed. If we are not born with such a right, where is it given to us by the government?
    Who said anything about unborn people? I'm talking about in this country, what is considered violating someone's right to free speech?
    "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[W:344,535,718]

    Quote Originally Posted by Taylor View Post
    That is how the law works, sorry if you don't like it. The judge herself has explained this in her clarifying order. I've been over this twice already in this thread.
    No it isn't how the law works at all. The state of Alabama, the ban itself in the state of Alabama was being constitutionally challenged, not that single judge.
    "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[W:344,535,718]

    Aaaaaaannd...the Kooky Moore-on triples down.

    "Chief Justice Roy Moore said on "Fox News Sunday," that if the Supreme Court rules in favor of same-sex marriage, he wouldn't be "bound" by the ruling."

    Alabama Chief Justice: SCOTUS Can't Change God's Law On Marriage

    He also said when a word’s not in the Constitution [marriage] the Supreme Court can't rule on it - because they can't define words that aren't there.

    Yikes.


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