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Thread: Tex. bill would bar local officials from issuing same-sex-marriage licenses

  1. #101
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by matchlight View Post
    I don't know, nor do I care. If they are unenforceable, what difference does it make?
    Would you be surprised that they are enforced after the SCOTUS ruling?
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Texas Republicans are pushing legislation to bar local officials from granting same-sex couples licenses to marry, launching a preemptive strike against a possible U.S. Supreme Court ruling next month that could declare gay marriage legal.

    Supporters of the measure, which is scheduled for a vote as soon as Tuesday in the Texas House, said it would send a powerful message to the court. Taking a cue from the anti-abortion movement, they said they also hoped to keep any judicially sanctioned right to same-sex marriage tied up in legal battles for years to come.
    How exactly does this legislation "launch a preemptive strike" against the upcoming Supreme Court ruling? Assuming the court rules in favor of the plaintiffs, this law will simply be ignored, and even if Texas could push the issue, clerks would likely refuse to issue licenses altogether in order to stay in bounds of the law. I doubt that would last long.

    No, the purpose here is not to "launch a preemptive strike" but simply to win political points.

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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by Lursa View Post
    Very good point! Such ability to enforce would directly infringe on privacy and due process, so there's no legal way to do so.
    What? No one here has even implied that state laws against sodomy were still valid after Lawrence.

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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by JANFU View Post
    Would you be surprised that they are enforced after the SCOTUS ruling?
    I would like to say I am surprised that anyone would ask such a silly question on these forums--but I am not. The Supreme Court invalidated state sodomy laws twelve years ago in Lawrence v. Texas. Whatever the Court may soon decide about state laws that exclude same-sex partners, the decision will have no effect whatever on long-dead state laws against sodomy.

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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by JANFU View Post
    Would you be surprised that they are enforced after the SCOTUS ruling?
    I wouldn't be surprised if they tried, followed by an immediate smackdown by SCOTUS.

    If refusal continued, SCOTUS can send the US Marshals Service to enforce penalties. Other historical precedents involved the National Guard.
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by matchlight View Post
    What? No one here has even implied that state laws against sodomy were still valid after Lawrence.
    True, they were unConstitutional to begin with.
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by clownboy View Post
    No, they rewrite it. Take for instance copyright law. The constitution explicitly states 14 years as the period of patent before it enters the public domain. The SCOTUS ruled that could mean 2000 years if congress set that as the figure. That is a direct rewrite of the text of the constitution.

    Could you provide the Article and Section number that specifies this?


    Quote Originally Posted by roguenuke View Post
    The Constitution does not talk of copyright law so they do not in any way rewrite the text of the Constitution by ruling on any such laws. You are making absolutely no sense.

    I believe he's referring to Article I Section 8 that says "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;".

    But I could be wrong, we'll have to wait and see where the Constitution explicitly provides a time frame.


    >>>>

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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by WorldWatcher View Post
    Could you provide the Article and Section number that specifies this?


    I believe he's referring to Article I Section 8 that says "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;".

    But I could be wrong, we'll have to wait and see where the Constitution explicitly provides a time frame.


    >>>>
    Yeah, he clarified enough for that but then failed to show where the Constitution itself specified it, only showing that some of the founding fathers had a specific time frame in mind, but did not get that time frame enshrined into the Constitution. And while I'm personally against copyrights that last very long times, it still doesn't make it unconstitutional to extend them when no specific time was written into the Constitution.

    The SCOTUS simply wasn't wrong in how they ruled in the example he tried to use. The Constitution is wrong for not specifying a length of time, being too vague. It needs to be changed but people simply don't care enough to do it.
    "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: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by Deuce View Post
    I wouldn't be surprised if they tried, followed by an immediate smackdown by SCOTUS.

    If refusal continued, SCOTUS can send the US Marshals Service to enforce penalties. Other historical precedents involved the National Guard.
    I did not know that the Supreme Court had sent marshals or activated the National Guard.

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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by Lursa View Post
    True, they were unConstitutional to begin with.
    I don't agree, and I think the reasoning in Justice Kennedy's majority opinion in Lawrence was very weak.

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