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Thread: Texas AG Says Workers Can Refuse Marriage Licenses to Gays[W:297]

  1. #21
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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by winston53660 View Post
    No less than 14 times SCOTUS has determined marriage to be a right. And now 15 times.
    For whatever value x, the assertion is wrong on its face x number of times.

    The Constitution does not say "marriage is a right," not in those words, not in any words. If you say otherwise, you're lying.

    If you want to prove you're not lying, cite the text within the U.S. Constitution that says "marriage is a right." You can't do so, in fact.

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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by JayDubya View Post
    For whatever value x, the assertion is wrong on its face x number of times.

    The Constitution does not say marriage is a right. If you say otherwise, you're lying. If you want to prove you're not lying, cite the text within the U.S. Constitution that says "marriage is a right."
    The SC has decided and you are wrong. Deal with it!

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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by Texmex View Post
    The SC has decided
    A bunch of lying and corrupt pieces of **** that should be disregarded and ignored say something new which is objectively false?

    Par for the course. It's a wonder they ever get anything right, and even then, they usually do so for bad reasons.

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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by JayDubya View Post
    A legal truism that was never meant to be a catch-all for the Supreme Court bypassing the amendment process? It's fine as written. The way it has been abused is beyond reason.
    I as an individual retain my rights even if I want to have a gay marriage over the state.

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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by JayDubya View Post
    The authority of the states and the authority of the people of each state to set policy within their state on those matters in which the U.S. Constitution are silent, per the 10th Amendment, has absolutely been violated.
    Umm...no. The 10th Amendment clearly states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    Recall that the Constitution includes "Amendments," and the 14th Amendment states: "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."

    That is known as the Equal Protection Clause. It is why the legal opinion of the SCOTUS majority in the recent ruling on same-sex marriage is valid. Prior to the decision, if an opposite sex couple married in New York and then moved to Ohio, their marriage was honored as legally binding in the State of Ohio even though that State did not issue a marriage license. However, if a same-sex couple was married in one of the 17 states where it was legal, it would NOT be honored as legal if the couple moved to Ohio.

    The ruling, identifying marriage as a civil right protected under the Equal Protection Clause, now requires that all states honor same-sex marriages as legally binding, and by extension, same-sex couples have the Constitutionally protected right to marry in all states of the Union.

    So, the ruling does not violate the 10th Amendment. Clear?
    Last edited by Captain Adverse; 06-28-15 at 08:59 PM.
    If I stop responding it doesn't mean I've conceded the point or agree with you. It only means I've made my point and I don't mind you having the last word. Please wait a few minutes before "quoting" me. I often correct errors for a minute or two after I post before the final product is ready.

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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    They need to face the fact it's legal and do their job to serve citizens under the law. If I was their boss or the governor I'd demand they issue the marriage certificates or be fired. It's just an expensive lawsuit waiting to happen.
    When the debate is lost, slander becomes the tool of the loser. -Socrates
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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by winston53660 View Post
    "Libertarian - Right"

    You need to change that moniker to something else. While you might be right wing you are no libertarian.
    Why do you say that? I have never claimed to be for, against, or indifferent to gay marriage.
    "Opportunity does not come knocking. It is usually running down the street, you have to chase and tackle it." - Sheriff David Clarke, Milwaukee County.

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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by Captain Adverse View Post
    Umm...no. The 10th Amendment clearly states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
    And nothing whatsoever prohibits each state from defining what contracts within it are legally valid.

    I would personally like a broad freedom of contract explicitly stated as a constitutional right, but it would require an amendment. Without such, the federal government has no authority to dictate this matter.

    It is why the legal opinion of the SCOTUS majority in the recent ruling on same-sex marriage is valid. Prior to the decision, if an opposite sex couple married in New York and then moved to Ohio, their marriage was honored as legally binding in the State of Ohio even though that State did not issue a marriage license. However, if a same-sex couple was married in one of the 17 states where it was legal, it would NOT be honored as legal if the couple moved to Ohio.
    The 14th has zero relevance here; that has been a illogical legal farce since the first time it was uttered.

    At best, the court could have argued Article IV, Section I - "Full faith and credit." They didn't. So their opinion has no rational basis within the law, and all Article IV, Section I would have required if applied to the matter of marriage would be for a state to recognize the marriages performed in OTHER states. That would be a reasonable standard with a basis in the text of the Constitution.

    What we have now is the abandonment of any pretense of the rule of law.

    So, the ruling does not violate the 10th Amendment. Clear?
    By the text of the United States Constitution, which does not grant the federal government any authority over marriage nor prohibits the states from having said authority, you are objectively wrong.

    As is often the case, the various branches of the federal government are pretending that the 10th Amendment has already been repealed - they are just ignoring its very existence.

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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by WSUwarrior View Post
    Why do you say that? I have never claimed to be for, against, or indifferent to gay marriage.
    Okay fair enough. So where do you stand on it?

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    Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays

    Quote Originally Posted by roguenuke View Post
    This is simply going to get the state sued, for monetary amounts, as well as these clerks. If I were them, I'd think about that before they deny any marriage licenses. The SCOTUS is not going to allow this, nor are other federal courts and it will move quickly. This is assuming that Obama and the Justice Department doesn't step in before that time.
    just because they are a public employee they do not give up their 1st amendment rights one of which is free exercise of religions.
    IE the government cannot force them to do something against their religious beliefs.

    if anything texas will have to make reasonable accommodations for those people and find someone who will issue them.

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