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

  1. #201
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by CriticalThought View Post
    Lawrence v. Texas did not find a right to sodomy. Your question was pointless. You are arguing the state can violate individual liberty to criminalize consensual and private sexual conduct for absolutely no reason aside from moral antipathy. You are free to have that opinion, but you can never call yourself a friend of liberty. I have a Constitutionally guaranteed right to DUE PROCESS. Do you know what that is? It means a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. The state cannot deny my individual liberty just because some people find certain sexual acts between consenting adults to be yucky.

    And I did not "move" anything. You are just ignorant of the rational that SCOTUS used to justify throwing out state sodomy bans and you have created an innane "right to sodomy" straw man because you are too lazy to educate yourself about the decision. But please continue to argue for more government intrusion into our personal lives so I can quote you in future threads.
    I bolded the part that breaks your entire argument. Sodomy laws clearly are not unconstitutional and this is a prime example of the court abandoning it's oath.

    You don't understand that the power of law, outside the grant given to the federal and the rights protected explicitly by the US Constitution resides in the states and the people BY CONSTITUTION. If the people of the state decide sodomy is unlawful, it is unlawful. The only question that remains is for the people of that state, "why would they wish to restrain themselves so?".

    And just stop with the inane, "you are no friend of liberty". I don't support this law, nor would I vote for it. I would fight to overturn such a law in my state. However, that does not mean the law is unconstitutional.
    Last edited by clownboy; 05-15-15 at 02:01 PM.

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

    Quote Originally Posted by prometeus View Post
    How about adultery, masturbation, or even certain position for intercourse? Are any sexual acts protected by the Constitution?
    Nope.

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

    Quote Originally Posted by clownboy View Post
    Nope.
    Then you would be OK with state laws regulating such activities?
    My views are my views, then there is the Christian view:
    Quote Originally Posted by WCH View Post
    Of course the third world dregs are breeding like rabbits.

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

    Quote Originally Posted by clownboy View Post
    I bolded the part that breaks your entire argument. Sodomy laws clearly are not unconstitutional and this is a prime example of the court abandoning it's oath.

    You don't understand that the power of law, outside the grant given to the federal and the rights protected explicitly by the US Constitution resides in the states and the people BY CONSTITUTION. If the people of the state decide sodomy is unlawful, it is unlawful. The only question that remains is for the people of that state, "why would they wish to restrain themselves so?".

    And just stop with the inane, "you are no friend of liberty". I don't support this law, nor would I vote for it. I would fight to overturn such a law in my state. However, that does not mean the law is unconstitutional.
    That would have been true if not for the 14th amendment.

    "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    The Texas statute furthered no legitimate state interest which could justify its intrusion into the personal and private life of the individual. The 14th amendment demands some legitimate state interest to justify a law that abridges individual liberty. That is why the bans were not Constitutional.

  5. #205
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by prometeus View Post
    Then you would be OK with state laws regulating such activities?
    Read my posts before you ask silly questions. No, I would not be okay with it, as I said. It just wouldn't be unconstitutional (federally and depending upon the language of the bill).

  6. #206
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by CriticalThought View Post
    That would have been true if not for the 14th amendment.

    "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    The Texas statute furthered no legitimate state interest which could justify its intrusion into the personal and private life of the individual. The 14th amendment demands some legitimate state interest to justify a law that abridges individual liberty. That is why the bans were not Constitutional.
    Read the 14th again, It does NOT demand a "legitimate state interest". Bold for us where in the text of the 14th this requirement is enumerated. And then inform us how laws banning sodomy for all violates the 14th.

  7. #207
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by clownboy View Post
    You're wrong. Those values, precepts, were all throughout British Common Law and American colonial law.
    No. They aren't. Those are common values of pretty much every society. Most societies make some forms of killing illegal. Most societies make stealing of some type illegal. Most societies make some sort of lying that harms others illegal.

    Let's go through the list of Commandments shall we and compare them to US law.

    Bible List Of The Ten Commandments

    First Commandment, not only is not in our laws, it is in fact unconstitutional to make a law that would enforce it.
    Second Commandment, again, not only not against the law but would be unconstitutional to make a law that enforced this Commandment.
    Third Commandment, while there are some ordinances that could prevent taking the Lord's name in vain in certain places, this would be along with certain other words. Overall though this is a freedom of speech issue.
    Fourth Commandment, while there are certain laws that are related to this (such as "Blue Laws), this isn't really able to be completely enforced. You cannot make it illegal to not recognize the Sabbath. If I want to work on Sunday, I can. I don't even have to take any day for my Sabbath.
    Fifth Commandment, nope, don't have to follow this one by law. While parents hold certain power over children, that has nothing to do with "honoring" their mother and father and everything to do with that is what is good for society.
    Sixth Commandment, now this one might depend on whether you believe it is "shall not murder" or "shall not kill". "Shall not murder" is circular. "Murder" means it is automatically against the law. We don't make all "killing" illegal.
    Seventh Commandment, adultery is not a law that is enforced in the US outside of the military. It can be used in certain divorce cases, but that is a civil matter. Many things can be used in such cases.
    Eighth Commandment, sure it's in our laws, just like it is in pretty much the laws of every other society that has existed in some form or another, long before the "Ten Commandments" even existed.
    Ninth Commandment, this is in our laws to a certain extent. You cannot lie against your neighbor in a way that can cause them harm. However, this still goes back to using the laws to avoid causing harm. It isn't because it is a Commandment.
    Tenth Commandment, this is not only not against our laws, it is the basis of our economy to break this Commandment. Commercialism, consumerism, capitalism runs off of "coveting" someone else's goods, wanting to have more, "keeping up with the Jones".
    "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. #208
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by clownboy View Post
    Read the 14th again, It does NOT demand a "legitimate state interest". Bold for us where in the text of the 14th this requirement is enumerated. And then inform us how laws banning sodomy for all violates the 14th.
    Rational basis review.

    Rational basis review - Wikipedia, the free encyclopedia

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

    Quote Originally Posted by CriticalThought View Post
    A standard made entirely by the court out of whole cloth and unrelated to the constitution, in fact, in opposition to their oath.

    This standard came about solely because the court could not through their grant of power, meddle where they really wanted to.

  10. #210
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    Re: Tex. bill would bar local officials from issuing same-sex-marriage licenses

    Quote Originally Posted by clownboy View Post
    A standard made entirely by the court out of whole cloth and unrelated to the constitution, in fact, in opposition to their oath.

    This standard came about solely because the court could not through their grant of power, meddle where they really wanted to.
    Ah, I was wondering where the line in the sand was drawn. So then, by your logic, Loving v. Virginia struck down Constitutional interracial marriage bans.

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