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Thread: Gay marriage case will go to Supreme Court: attorney

  1. #21
    Count Smackula
    rathi's Avatar
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    Re: Gay marriage case will go to Supreme Court: attorney

    I don't believe that Prop 8 gave any additional benefits, it seemed to spread them evenly across the population.
    Prop 8 took away benefits from gays, thereby making it a privilege given only to a certain group of people and triggering the clause.

  2. #22
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    Re: Gay marriage case will go to Supreme Court: attorney

    Quote Originally Posted by rathi View Post
    Prop 8 took away benefits from gays, thereby making it a privilege given only to a certain group of people and triggering the clause.
    Loving v Virginia:
    While the state court is no doubt correct in asserting that marriage is a social relation subject to the State's police power....
    Even if your interpretation of Proposition 8 is correct (I believe your interpretation is incorrect), it is within the state's prerogative to modify the marital right in this fashion.

    Precedent is not on the side of the gay marriage advocates in this.

  3. #23
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    Re: Gay marriage case will go to Supreme Court: attorney

    A ruling from the Supreme Court on this issue will probably have one of 3 effects...

    1. Giving gays the right to marriage, which will be challenged in the next few years by a Constitutional amendment that defines marriage as between a man and a woman.
    2. Be completely dismissed. (Which may be the best option.)
    3. Will deny gays the right to marriage by defining marriage as between a man and woman, thus setting the gay movement back 10-20 years.

  4. #24
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    Re: Gay marriage case will go to Supreme Court: attorney

    My personal belief is that marriage should be a religious ceremony. And the government would give out civil unions only to both heterosexual and homosexual couples. Then the government is giving equal opportunity to both. Current civil unions do not do enough and so they would be updated to be what a civil/ legal marriage currently is.

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