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Thread: Iowa Court says gay marriage ban unconstitutional

  1. #381
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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by celticlord View Post
    Apology accepted....because while fairness and equal protection are part of the Constitution, this is not a Constitutional issue (nor is it justiciable under the Constitution).

    In order to establish a need for relief, you must first establish a violation of right. LambdaLegal's posturing notwithstanding, this has not been done.

    Nor has it been established that gay marriage is the correct remedy. For reasons I have discussed elsewhere on DP, I believe a persuasive argument exists that gay marriage is not the correct remedy.

    Finally and most crucially, even if gay marriage is an equitable remedy, courts do not have the competence to rewrite laws, nor government regulations. This is not an issue that courts have the power to decide; this is not an issue the courts should ever have the power to decide.
    The Iowa Supreme Court disagrees with you.

    Additionally...everything you say courts are not to do, is exactly what they are there to do.

    I've seen your argument regarding gay marriage. Is isn't very persuasive. Sorry....just being honest
    <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: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by disneydude View Post
    If marriage were strictly about raising children, then only fertile couples that signed a pledge that they would reproduce would be allowed to wed. That's just a silly argument.
    Hmm well there ya go: If the ban on incest were about protecting children from genetic diseases then people with Familial combined hyperlipidemia or
    Familial hypercholesterolemia wouldn't be allowed to marry. Therefore, since people so afflicted can marry, and familial relation is a federally protected class, any ban on incest is unconstitutional.

  3. #383
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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by Ethereal View Post
    I demand a minority housing grant. Equal protection under the law.
    You're simply showing that you do not understand Equal Protection analysis.

    You absolutely could raise a claim that minority housing grants violate equal protection.

    However, under Equal Protection analysis, right to a housing grant would likely only trigger minimal scrutiny (You do understand that there are three levels of scrutiny under Equal Protection analysis, right? ...I'm not trying to be facetious, but there are some people like NP that don't understand and refuse to read "EP for dummies")

    Under minimal scrutiny, the government would have to show that there is some legitimate public interest that is advanced for the discriminatory conduct or else it would be found to violate equal protection.

    I doubt it would be difficult for attorneys on behalf of the government to establish a legitimate basis for providing such grants.
    <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>

  4. #384
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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by Jerry View Post
    Hmm well there ya go: If the ban on incest were about protecting children from genetic diseases then people with Familial combined hyperlipidemia or
    Familial hypercholesterolemia wouldn't be allowed to marry. Therefore, since people so afflicted can marry, and familial relation is a federally protected class, any ban on incest is unconstitutional.
    Wow...that was a twist on logic....practically rising to Stinger level
    <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: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by disneydude View Post
    Wow...that was a twist on logic....practically rising to Stinger level
    Coming from you that's a compliment

    (using random pro-gm argument generator): "Who are you to dictate who people can love?"

    (another contribution from the random argument generator): "The government needs to keep it's nose out of the bedroom of consenting adults."
    Last edited by Jerry; 04-07-09 at 12:17 AM.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by Jerry View Post
    Coming from you that's a compliment
    Take it as such.
    <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: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by celticlord View Post
    Are you claiming that marriage is a necessity to raise a child, or to form a family?
    Nope........
    Quote Originally Posted by Bucky View Post
    I have pooped in public, even in public neighborhoods.
    Quote Originally Posted by OldFatGuy View Post
    Usually a gag for wise mouthed insulting little girls. Then some good nylon rope so I can tie them up, toss them in the trunk of my car and forget about them.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by Jerry View Post
    If The People decided to allow gay marriage because the evidence shows that gays can raise children just as well as there hetero counter parts, fine; but it's still not a civil rights issue.
    What issue is it then... according you to?
    Quote Originally Posted by Bucky View Post
    I have pooped in public, even in public neighborhoods.
    Quote Originally Posted by OldFatGuy View Post
    Usually a gag for wise mouthed insulting little girls. Then some good nylon rope so I can tie them up, toss them in the trunk of my car and forget about them.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by disneydude View Post
    If marriage were strictly about raising children, then only fertile couples that signed a pledge that they would reproduce would be allowed to wed. That's just a silly argument.
    That was the point that I was making... although a bit more subtle, I guess.
    Quote Originally Posted by Bucky View Post
    I have pooped in public, even in public neighborhoods.
    Quote Originally Posted by OldFatGuy View Post
    Usually a gag for wise mouthed insulting little girls. Then some good nylon rope so I can tie them up, toss them in the trunk of my car and forget about them.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by Bodhisattva View Post
    What issue is it then... according you to?
    A civil privilege like driving.

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