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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 celticlord View Post
    You mean the way Roe v Wade was the logical application of the precedent of substantive due process set forth in Dred Scott v Sanford
    Let me put it this way...I've seen much much MUCH worse contortions of the law and flat out fabrication by Scalia in his attempts to justify his incomprehensible opinions. Rehnquist was another one who's opinions defied logic. Then you have Scalito and Thomas who basically have no mind of their own and just follow whatever Scalia says....and yet...you never hear the right-wing cry about these "activist" judges.....wonder why?
    <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
    Let me put it this way...I've seen much much MUCH worse contortions of the law and flat out fabrication by Scalia in his attempts to justify his incomprehensible opinions. Rehnquist was another one who's opinions defied logic. Then you have Scalito and Thomas who basically have no mind of their own and just follow whatever Scalia says....and yet...you never hear the right-wing cry about these "activist" judges.....wonder why?
    Still waiting...

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by disneydude View Post
    Let me put it this way...I've seen much much MUCH worse contortions of the law and flat out fabrication by Scalia in his attempts to justify his incomprehensible opinions. Rehnquist was another one who's opinions defied logic. Then you have Scalito and Thomas who basically have no mind of their own and just follow whatever Scalia says....and yet...you never hear the right-wing cry about these "activist" judges.....wonder why?
    Not at all. Scalia, Thomas, and Alito are not "activist" justices. Granted, they do not attempt to resolve mythic issues of "justice" as liberals would have them do, but that's judicial restraint, not judicial activism.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by disneydude View Post
    There is no "Random" redefining of marriage. It is actually a very well supported decision based on years of legal precedent and logical application of equal protection jurisprudence.
    Marriage has never been defined as between people of the same sex or equal protection allowing that in the US federal gov't or those states. It is random and judicial activism I'm afraid.

    To put it simply, if the government involves itself in allowing people to enter into legal contracts, why should the government involve itself it defining who should be able to enter into that contract based on race, gender, age or sexual orientation. Its actually very logical
    Because there has to be boundaries on those things, they have been decided historically, such as marriage being between two people of opposite sex over a certain age etc, and now the arbitrary power of this liberal committee on public safety is being used to randomly redefine that.

    It may be logical and good to you but that is no excuse for the use of dangerous means.
    "It is written in the eternal constitution that men of intemperate minds cannot be free. Their passions forge their fetters." - Edmund Burke

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    Re: Iowa Court says gay marriage ban unconstitutional

    I was going to spend time reading this whole thread through, but once I started to read the typical arguments about activist judges and blah blah blah, I just skipped to the last page. It's nice to see the branches of government doing their job and delivering a fair ruling that is not done without any sneakiness or obscurity. I'm contented to just accept this and move on.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by Orius View Post
    I was going to spend time reading this whole thread through, but once I started to read the typical arguments about activist judges and blah blah blah, I just skipped to the last page. It's nice to see the branches of government doing their job and delivering a fair ruling that is not done without any sneakiness or obscurity. I'm contented to just accept this and move on.
    That is a nice thing to see. Pity that we did not see that in Iowa, but instead saw the judiciary doing something not their job (creating new law) and delivering an unfair ruling, which is not improved for having been done openly.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by celticlord View Post
    That is a nice thing to see. Pity that we did not see that in Iowa, but instead saw the judiciary doing something not their job (creating new law) and delivering an unfair ruling, which is not improved for having been done openly.
    What law did they create?

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by winston53660 View Post
    What law did they create?
    They specifically rewrote Iowa statutes to affirmatively allow same sex marriage.

    Consequently, the language in Iowa Code section 595.2 limiting civil
    marriage to a man and a woman must be stricken from the statute, and the
    remaining statutory language must be interpreted and applied in a manner
    allowing gay and lesbian people full access to the institution of civil
    marriage.
    That is rewriting the law.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by celticlord View Post
    They specifically rewrote Iowa statutes to affirmatively allow same sex marriage.



    That is rewriting the law.
    They applird the Constitution *shrug*

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by Navy Pride View Post
    Yeah the people could pass a laww that up is down and down is up to but that is not going to happen and neither is your ridiculous example.....
    IOW, he's stumped and wants a quick exit.

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