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

  1. #111
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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 agree, and I think the reasoning in Justice Kennedy's majority opinion in Lawrence was very weak.
    You dont think that sodomy laws were unConstitutional?
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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 agree, and I think the reasoning in Justice Kennedy's majority opinion in Lawrence was very weak.
    You believe the government has business with what you do with a consenting adult in the privacy of your own bedroom?

    Before you answer that, remember sodomy laws in some states also extended to oral and anal sex between heterosexuals.

  3. #113
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by nota bene View Post
    I did not know that the Supreme Court had sent marshals or activated the National Guard.
    The US Marshals is SCOTUS' tool for such things. Resistance to segregation being eliminated ended up involving the National Guard.
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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.
    Actually no, they can't. The Marshalls work for the Executive Branch, not the Judicial. They can request the Executive send the Marshalls. Same goes for the Coast Guard.

    This is why Marbury never took his seat despite the court's ruling.

  5. #115
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by roguenuke View Post
    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.
    Not "some founders" the actual ones that crafted the provision. And the intent was clearly written out in the Federalist Papers. I also explained why the court's overreach was a rewriting of the constitution. Indefinite patent is what the court's decision achieved.

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

    Quote Originally Posted by clownboy View Post
    If democrats focused even a tenth of the energy they've expended with frustrating the will of the people on something useful we would see a much better America...
    I do believe the South shared the same sentiment in the 1950s.
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  7. #117
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by Lursa View Post
    You dont think that sodomy laws were unConstitutional?
    No, they weren't. The feds didn't have the grant of power to ban sodomy. However, the state and local does, and such laws existed all throughout the lifetime of the founders. Had they been unconstitutional, don't you think they would have known, having written the constitution?

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

    Quote Originally Posted by Geoist View Post
    I do believe the South shared the same sentiment in the 1950s.
    You mean the largely democrat South?

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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 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.
    Silly, nope, just rinformed

    Louisiana Sodomy Sting: How Invalidated Sex Laws Still Lead to Arrests | TIME.com
    Oops, our bad. But it was on the books! Such was the response, essentially, of the East Baton Rouge Sheriff’s Office, after The Advocate newspaper reported on Sunday that at least 12 men had been arrested since 2011 under a sodomy law invalidated by the Supreme Court a decade ago. Most of these men were arrested after being approached by a male undercover cop at a public park and agreeing to have sex at a private residence. No money changed hands.

    In 2003, the landmark Lawrence v Texas Supreme Court case declared a Texas statute prohibiting oral or anal sex – a so-called “sodomy law” — unconstitutional. Louisiana’s then-attorney general announced that a similar law in his state was not enforceable. But today the statute is still in Louisiana’s criminal code and similar laws remain on the books in at least a dozen other states. And the Baton Rouge case shows that in some pockets of the U.S., gays still have reason to be wary of police.
    Feb 2015
    Louisiana: Men Arrested Under Unconstitutional Sodomy Law | Advocate.com
    Two men were arrested in Louisiana earlier this month under the state's law barring "unnatural carnal copulation" between two people of the same gender.

    The unnamed men were arrested after engaging in sexual activity in a car, and charged under the law, even thought it was struck down by the U.S. Supreme Court 12 years ago under the landmark case, Lawrence v. Texas.
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  10. #120
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by Deuce View Post
    The US Marshals is SCOTUS' tool for such things. Resistance to segregation being eliminated ended up involving the National Guard.
    No. Again, the Judiciary Branch commands neither the Marshalls nor the National Guard. The Judiciary has no such tools.

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