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Thread: California gay marriage ban overturned: report

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by texmaster View Post
    There hasn't been a case since this judge just ruled that the equal protection clause includes marriage. What part of that don't you understand?
    Actually, that was ruled on by judges decades back.

    Cleveland Board of Education versus LaFleur (1974): "This court has long recognized that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment."

    Loving versus Virginia (1967): The "freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men."

    Taylor versus Safely (1987): "the decision to marry is a fundamental right" and "marriage is an expression of emotional support and public commitment."

    Zablocki versus Redhail (1978): "The right to marry is of fundamental importance for all individuals."

    AGE isn't excluded either. How could you exclude age if they don't mention it being excluded under the equal protection clause? Explain that.
    The Supreme Court established the scrutiny test for the Equal Protection Clause in Craig versus Boren in 1976.

    Quote Originally Posted by wikipedia
    * Strict scrutiny (if the law categorizes on the basis of race or national origin or infringes a fundamental right): the law is unconstitutional unless it is "narrowly tailored" to serve a "compelling" government interest. In addition, there cannot be a "less restrictive" alternative available to achieve that compelling interest.
    * Intermediate scrutiny (if the law categorizes on the basis of sex): the law is unconstitutional unless it is "substantially related" to an "important" government interest.[20]
    * Rational-basis test (if the law categorizes on some other basis): the law is constitutional so long as it is "reasonably related" to a "legitimate" government interest.
    Walker ruled that Prop 8 did not pass the intermediate scrutiny test because the state had no substantial interest in mandating gender roles in marriage. Therefore, Prop 8 was gender discrimination. For children below the age of consent to be allowed to marry, it would have to pass the Rational-basis test. Care to explain how the government would have an interest in young children marrying pedophiles?
    Last edited by CriticalThought; 08-09-10 at 07:59 PM.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by CriticalThought View Post

    Walker ruled that Prop 8 did not pass the intermediate scrutiny test because the state had no substantial interest in mandating gender roles in marriage. Therefore, Prop 8 was gender discrimination. For children below the age of consent to be allowed to marry, it would have to pass the Rational-basis test. Care to explain how the government would have an interest in young children marrying pedophiles?
    I bolded the key part, the part those arguing this opens things for other types of marriage don't seem to realize.
    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

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by hazlnut View Post
    Anytime someone tells you something you don't want to hear, you respond with "prove it".

    Your lack of common knowledge, basic civics and concepts in U.S. Government isn't our problem. It's yours. Deal with it or get off the boards.
    Yet people here spend more energy avoiding proving it than if they actuall backed up their opinions with factual links

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    Yet people here spend more energy avoiding proving it than if they actuall backed up their opinions with factual links
    If you are going to be an informed debater in this thread, then you are going to need this link...

    Prop 8 Ruling FINAL

    As well as this one...

    The United States Constitution - The U.S. Constitution Online - USConstitution.net

    And finally this one...

    Levels of Scrutiny Under the Equal Protection Clause

    Just sayin...

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    Yet people here spend more energy avoiding proving it than if they actuall backed up their opinions with factual links
    Back that up with links, please. Otherwise that's just pure conjecture and opinion.

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    Re: California gay marriage ban overturned: report

    Wow, this thread cleared out quick once the actual details of Walker's ruling were presented.

    Do I sense a little disdain from the Conservatives? Perhaps the fact that Walker's ruling was based on sex, not on sexual orientation is a bit upsetting?

    Maybe it's just too good an argument that Prop 8 couldn't stand up to scrutiny since the anti gay marriage side couldn't present any evidence that the state had an interest in mandating gender roles in marriage and effectively perpetuated gender discrimination?

    Maybe what scared them off was the fact that marriages based on pedophilia, polygamy, and bestiality can't pass under the terms of gender discrimination and the state has no substantial or rational interest in allowing them?

    Oh poohy. No one wants to debate Walker's decision anymore.
    Last edited by CriticalThought; 08-09-10 at 08:51 PM.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by BDBoop View Post
    Fundamentalist. Pentacostal, holy roller.

    I said Christians...
    "God Bless Our Troops in Harms Way."

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Redress View Post
    Once again, I am going to ask you to prove a claim, that most people in this country actually do think gays are deviant. Once again, you are almost certainly not going to do this.
    They think the primary sex act gays engage in is deviant and before you say it its deviant if straights do it to........
    "God Bless Our Troops in Harms Way."

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Navy Pride View Post
    They think the primary sex act gays engage in is deviant and before you say it its deviant if straights do it to........
    They shouldn't watch it next time.
    Last edited by Harry Guerrilla; 08-09-10 at 09:09 PM.
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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Navy Pride View Post
    They think the primary sex act gays engage in is deviant and before you say it its deviant if straights do it to........
    Which does not prove that it is "most people". So again, prove that "most people" find gays to be "deviant". Just once prove one of your claims.
    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

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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