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Thread: Iowa Court says gay marriage ban unconstitutional

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by disneydude View Post
    Thank you...you just made the argument as to why the state should not be allowed to discriminate based on sexual orientation. In deciding whether to issue marriage contracts to two consenting adults, the government should not give any special consideration to the sexual orientation of the individuals seeking to enter into that contract.
    Hence why gay marriage advocates must fail in their argument. They are seeking special consideration, and, ultimately, a most unequal circumstance under the law.

    Gay marriage is discrimination based on sexual orientation--gay marriage advocates are seeking special distinction for a specific sexual orientation (as you have just acknowledged). Worse still, it is even more violative of the First Amendment's establishment clause than the broad institution of civil marriage itself.

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    Re: Iowa Court says gay marriage ban unconstitutional

    That's where we disagree. We agree that the government should get out of the marriage business. However, my position is that if we are going to allow the government to stay in the marriage business, they should be required to comply with the Constitutional safeguard of equal protection.
    How can a Constitutional safeguard conceivably apply to something that is unconstitutional? Furthermore, if the equal protection clause were applied comprehensively within the institution of marriage we would need to recognize all forms of marriage, not just same-sex marriage. Bestial and polygamist relationships would necessitate the same equal protection under the law.

    Your "minority housing grant" argument fails because it would undergo a different analysis under equal protection than gay marriage would.
    I have demonstrated time and again that these divergent analyses of equal protection are perversions of the Constitution. The text of the Fourteenth Amendment does not allow for these fabricated legal constructions. Your incessant appeals to authority will do nothing to change this.

    One involves a Constitutionally recognized fundamental right, the other does not.
    State-sanctioned marriages are not a fundamental right; I thought we just agreed on this.

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    Re: Iowa Court says gay marriage ban unconstitutional

    I see in Vermont the legislature approved gay marriage.........As much as I am against gay marriage I can respect their decision because it was done by the correct branch of Gov........That why marriage in Mass. and Iowa is so phoney.......It was approved by activist judges not the people or the legislature...........My hat is off to the people of California who overruled the activist judges there...........
    Last edited by Navy Pride; 04-07-09 at 02:42 PM.
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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by Navy Pride View Post
    I see in Vermont the legislature approved gay marriage.........As much as I am against gay marriage I can respect their decision because it was done by the correct branch of Gov........That why marriage in Mass. and Iowa is so phoney.......It was approved by activist judges not the people or the legislature...........My hat is off to the people of California who overruled the activist judges there...........
    Navy...you need to do your homework. The California Legislature TWICE passed gay marriage bills, only the have them Vetoed by our Republican Governor who said the issue should be decided by the Courts.

    Since Gay Marriage in California was approved by the "Correct branch in Government", I must assume that you supported gay marriage in California, right?
    <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
    Navy...you need to do your homework. The California Legislature TWICE passed gay marriage bills, only the have them Vetoed by our Republican Governor who said the issue should be decided by the Courts.

    Since Gay Marriage in California was approved by the "Correct branch in Government", I must assume that you supported gay marriage in California, right?
    The people of California gave a resounding no to gay marriage in California....They are the ones who should decide............It is a dead issue there............
    "God Bless Our Troops in Harms Way."

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by Navy Pride View Post
    The people of California gave a resounding no to gay marriage in California....They are the ones who should decide............It is a dead issue there............
    Well I guess at least I can say you are consistent with being inconsistent. In one post you say you agree that the issue should be decided by the Legislature...and in another you say that it shouldn't be decided by the legislature, it should be decided by a popular vote....

    (I guess its kinda like your jumping around from candidate to candidate to candidate during the GOP primaries, huh Navy?)...

    Consistent inconsistency is your MO.

    By the way...Prop 8 was by no means a "resounding" vote. At it is far far FAR from a dead issue here. The California Supreme Court still hasn't announced its ruling and efforts are already underway for it to be back on the ballot in the next election.

    The tide is turning...the clouds are clearing...and we will win this battle...if not tomorrow, then the day after that. I'm beginning to see that this is going to occur even within your lifetime.
    <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 Navy Pride View Post
    The people of California gave a resounding no to gay marriage in California....They are the ones who should decide............It is a dead issue there............
    If the issue of slavery should ever come back to a popular vote, should we accept it if a majority approves?

    Some things are too important to be decided by popular mandate.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by disneydude View Post
    Well I guess at least I can say you are consistent with being inconsistent. In one post you say you agree that the issue should be decided by the Legislature...and in another you say that it shouldn't be decided by the legislature, it should be decided by a popular vote....

    (I guess its kinda like your jumping around from candidate to candidate to candidate during the GOP primaries, huh Navy?)...

    Consistent inconsistency is your MO.

    By the way...Prop 8 was by no means a "resounding" vote. At it is far far FAR from a dead issue here. The California Supreme Court still hasn't announced its ruling and efforts are already underway for it to be back on the ballot in the next election.

    The tide is turning...the clouds are clearing...and we will win this battle...if not tomorrow, then the day after that. I'm beginning to see that this is going to occur even within your lifetime.
    You read what you want DD but I have constantly said the people should have the final say..........
    "God Bless Our Troops in Harms Way."

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by The Jovial One View Post
    If the issue of slavery should ever come back to a popular vote, should we accept it if a majority approves?

    Some things are too important to be decided by popular mandate.
    Nice try my left wing friend but this has nothing to do with slavery........Hige difference when you try and compare a race of people against one defined by their sexual preference.............
    "God Bless Our Troops in Harms Way."

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by The Jovial One View Post
    If the issue of slavery should ever come back to a popular vote, should we accept it if a majority approves?
    As slavery has been outlawed in the 13th Amendment, slavery would have to be re-authorized by another Constitutional Amendment. A mere popular majority is insufficient for this.

    Further, if slavery were re-authorized by Constitutional amendment, then it would be the obligation of judges and justices to interpret subsequent laws regarding slavery strictly in accordance with the particulars of that amendment (reconciling with other parts of the Constitution as appropriate).

    Finally, no man should ever accept that which he feels in his heart is unjust, regardless of the size of the majority arrayed against him. Each man should declare for himself and from himself what is and is not justice, and it is to every man's credit that he strive always for justice within his own life, although we must be mindful that, because the role of the judiciary is to interpret the law, justice for the jurist is to interpret the law only, never to create law or reformulate the law.

    Quote Originally Posted by The Jovial One View Post
    Some things are too important to be decided by popular mandate.
    Perhaps, but to whom else do we dare consign our trust?

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