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Thread: Federal Gay Marriage Ban Is Ruled Unconstitutional

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Jerry View Post
    Marriage is a right left to the state. The Fed has no authority to regulate it.
    There is no doubt that states have the right to create the legal institution of marriage.
    That the state defines the ionstititon of marriage and creates said institution, in total, thru legislation, however, proves that marriage itself is not a right.
    Last edited by Goobieman; 07-09-10 at 01:27 PM.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Tucker Case View Post
    I think the kind of humorous aspect of this ruling is that it would equally apply to a national legalization of gay marriage which superseded the states as well as makes it so that marriage itself is not considered a right.
    Indeed. Many do not think that far ahead.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by jallman View Post
    It's actually tied to the right to contract being protected and all other SCotUS rulings that declare marriage a right rise from that.
    Ah. Good point. Marriage, as a contract, is a right. It's the defining of that contract which is determined by the States.
    Tucker Case - Tard magnet.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by jallman View Post
    It's actually tied to the right to contract being protected and all other SCotUS rulings that declare marriage a right rise from that.
    This is what I am seeing. The federal government cannot say that a legal contract made by the state does not have to be recognized, but it can create new contract types(ie gay marriage). I am not a lawyer though, so I could be way off base in that understanding.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

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    Re: Federal Gay Marriage Ban is Ruled Unconstitutional

    Quote Originally Posted by jallman View Post
    Well you can get rid of all the others except the legalization of drugs. I am all for that one as it can only save the country money and end the disastrous war on drugs along with taking the market right out from under the cartels.

    Secession ain't happening in any event.
    It's on a LOT of people's minds these days. I worry about it frankly.

    Why go down the drain with California and New York, who's problems seem to have passed the point of no return.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Goobieman View Post
    There is no doubt that states have the right to create the legal institution of marriage.
    That the state defines the ionstititon of marriage and creates said institution, in total, thru legislation, however, proves that marriage itself is not a right.
    The existence of regulation does not show that the right therefore does not exist; otherwise as the state regulates many other forms of private contracts, the right to contract itself does not exist for gays to point to said right to contract and claim a grievance.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Tucker Case View Post
    Ah. Good point. Marriage, as a contract, is a right. It's the defining of that contract which is determined by the States.
    Yes. This is why marriage, as a legal institutun, is a privilege.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Tucker Case View Post
    Ah. Good point. Marriage, as a contract, is a right. It's the defining of that contract which is determined by the States.
    Exactly.


    1234567890

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Jerry View Post
    The existence of regulation does not show that the right therefore does not exist
    This is true -- but if the institution exists only because of the actions of the state that created it, then said institution cannot be a right.

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    Re: Federal Gay Marriage Ban is Ruled Unconstitutional

    Quote Originally Posted by Erod View Post
    It's on a LOT of people's minds these days. I worry about it frankly.

    Why go down the drain with California and New York, who's problems seem to have passed the point of no return.
    I am kind of concerned about people getting the silly notion in their heads. However, the reason secession isn't likely this time around is because, unlike the circumstances of the civil war, the schisms have no geographic boundaries to secede along.

    I can see some chaotic civil unrest being likely, however.

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