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Thread: Ban on gay marriage in CA still unclear

  1. #81
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    Re: Ban on gay marriage in CA still unclear

    Quote Originally Posted by Truth Detector View Post
    For your edification; courts do not LEGISLATE, they enforce the LAWS that are passed by the LEGISLATURE.
    You do know that the California state LEGISLATURE pass a bill allowing same-sex marriage, right? And that bill was vetoed by the governor who stated it should be up to the COURTS. All the discriminatory folks applauded. Then, the CA Supreme court passed the same thing and all the discriminatory folks cried and said it shouldn't be up to the courts after all.

    You guys really need to make up your minds.

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    Re: Ban on gay marriage in CA still unclear

    Quote Originally Posted by disneydude View Post
    It seems strange to me, however, that a simple majority can pass a Constitutional Amendment. It kind of defeats the purpose of having a Constitution, doesn't it?
    Actually, this is not uncommon, either in the States or around the world. The U.S. Federal Constitution has an unusually high threshhold for passing amendments.
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    Re: Ban on gay marriage in CA still unclear

    Quote Originally Posted by disneydude View Post
    I would disagree. Such a system provides no protection to the rights of the minority, because everything becomes subject to the will of the majority.

    Latinos will be the majority in California in a decade. What's to stop a proposition to be placed on the ballot that says "Only latino's can marry and vote". If all the latinos voted for it....they could take away the rights of everyone else.
    They can't violate rights granted in the Federal Constitution. THAT is the protection.
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    Re: Ban on gay marriage in CA still unclear

    Quote Originally Posted by Goobieman View Post
    Thanks for your honesty!

    What's the topic?

    Oh, right -- the people of CA chosing to override their Supreme Court.
    THe Supreme Court overrode the voters in the first place.

    It is the job of the SC to interpret the COnstitution. Thus, the people are goin above the Supreme Court. What is wrong with that?
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    Re: Ban on gay marriage in CA still unclear

    Quote Originally Posted by ludahai View Post
    They can't violate rights granted in the Federal Constitution. THAT is the protection.

    Then why have a State Constitution at all?


    Where in the Federal Constitution does it say that whites, blacks, asians have a right to marry?

    Seems to me, if you can ban gay marriage by enacting a state constitutional amendment, you could pass an amendment that says only latinos have the right to marry in the state of California.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: Ban on gay marriage in CA still unclear

    Quote Originally Posted by disneydude View Post
    Then why have a State Constitution at all?


    Where in the Federal Constitution does it say that whites, blacks, asians have a right to marry?

    Seems to me, if you can ban gay marriage by enacting a state constitutional amendment, you could pass an amendment that says only latinos have the right to marry in the state of California.
    If you define marriage as a union between a man and a woman, the Federal Constitution gives all people the equal protection of the laws meaning that regardless of race, a man can marry a woman.
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    Re: Ban on gay marriage in CA still unclear

    Quote Originally Posted by ludahai View Post
    If you define marriage as a union between a man and a woman, the Federal Constitution gives all people the equal protection of the laws meaning that regardless of race, a man can marry a woman.
    There is nothing in the Federal Constitution that defines marriage as "between a man and a woman". GWB tried unsuccessfully to amend the Constitution to add that. So if that is not in the Federal Constitution, a simple majority in the state of California could ban whites, blacks, asians and any other group from marriage.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: Ban on gay marriage in CA still unclear

    Quote Originally Posted by disneydude View Post
    There is nothing in the Federal Constitution that defines marriage as "between a man and a woman". GWB tried unsuccessfully to amend the Constitution to add that. So if that is not in the Federal Constitution, a simple majority in the state of California could ban whites, blacks, asians and any other group from marriage.
    Notice I said "If". The definition doesn't have to be in the Constitution. By design, the Federal COnstitution is general and outlines general rights. The definition of marriage is made by society, not by the Federal COnstitution. It seems like the voters of California (as well as other states) have let their voice be heard that they believe that in fact marriage is between a man and a woman.
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    Re: Ban on gay marriage in CA still unclear

    Quote Originally Posted by ludahai View Post
    Notice I said "If". The definition doesn't have to be in the Constitution. By design, the Federal COnstitution is general and outlines general rights. The definition of marriage is made by society, not by the Federal COnstitution. It seems like the voters of California (as well as other states) have let their voice be heard that they believe that in fact marriage is between a man and a woman.
    But that argument is nothing more than circular reasoning.

    If the people of the State of California amended the Constitution to say that "marriage is only between heterosexual or homosexual latinos" that would change the IF in your equation.

    It will all be moot anyway, because two years from now or 4 years from now the issue will be on the ballot again andI suspect with the movement from the 2000 referendum, it will most likely pass and gay marriage will once again be legal in California. Its only a matter of time.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: Ban on gay marriage in CA still unclear

    "This is one issue that is not ethnic minority vs majority. It's those that believe we should live under a theocracy and those that don't."

    Odd that someone would argue against a theoocracy while seemingly demanding to use a religious term in a manner that does not fit,

    Historically speaking, the term marriage stands for the joining of a man and a woman in the eyes of God.

    Why not use a non-religious term for a non-religious union?
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