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Thread: California gay marriage ban overturned: report

  1. #741
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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    Bull it is the feds not letting the state govern its people
    No it's not. It's the feds telling the majority they can't lord their morals over a minority and they are out of line with the Constitution.

    That's the way it is with everything that happens.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    This is a state issue it should have went to state court first
    It did the first time. You should follow an issue closely if you want to debate it.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Hicup View Post
    I understand this, my comment was for a few psots up, to whcih I thought you were responding. In family court the preponderance burden is all that is required in most cases. Sorry the thread is moving fast and I got lost.

    Tim-
    You're not kidding. Its actually why this entire thing disappoints me that its even at the court level.

    I personally wish both sides would back down and attempt to have some reasonable, honest, discussion.

    I maintain that by far, the best way to address the majority of concerns of both sides is to eliminate the word "marriage" from law and the government entirely, completely striking it from the strange duality it serves now as existing in two different spheres both religious and governmental.

    This would retain the "sanctity" or "marriage" as at that point only individual churches could actually "marry" someone under the auspices of their church and no one could claim that the government is somehow demeaning their "marriage" by allowing people they don't think should enter into it to be technically "married" because the term would be out of the governments hands entirely.

    Meanwhile pro-gay marriage advocates should be happy because the government now has only one term, civil union, that applies to any two legal aged individuals that wish to enter into said contract. There is no "seperate but equal" status, there is but one.

    This retains the "sanctity" of marriage while maintaining the "equality" of government.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    The state should have been given the first appeal not the feds. The state supreme court should have ruled the feds as usual are taking away the states rights
    plaintiffs case was not regarding any conflicts with state law or the state constitution, it was charging conflict with the US constitution. State courts do not have jurisdiction with the complaint.
    Last edited by marduc; 08-05-10 at 01:52 PM.
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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    Prop 8 is a state issue. This the federal government is abusing power and not letting States have their rights. What about the states rights to govern its people. Marriage is not a federal issue
    Isn't the DOMA a federal issue?

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    Bull it is the feds not letting the state govern its people
    Actually, incorrect.

    This is a contested issue under the 14th amendment that claims equal protection under the law.

    The constitution has something known as the Surpemacy Clause that states that the constitutional protections also apply to the states.

    Therefore it is not constitutional for states to use laws to discriminate against people, which was being argued here. Because its a FEDERAL constitutional matter its a federal matter.

    If we are to go by the rationale you're suggesting, which essentially throws out the supremacy clause, then the recent advancements for the strength of the 2nd amendment could've never happened. In both cases the laws being challenged were local laws, not federal laws, but due to the supremacy clauses they still fell into the jurisdiction of the FEDERAL court system.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    Prop 8 is a state issue. This the federal government is abusing power and not letting States have their rights. What about the states rights to govern its people. Marriage is not a federal issue
    State rights are not absolute....they cannot run afoul of Constitutional protections. For instance, would you agree that a State would not be allowed to say that marriage is only for white couples?
    <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: California gay marriage ban overturned: report

    Quote Originally Posted by jallman View Post
    No it's not. It's the feds telling the majority they can't lord their morals over a minority and they are out of line with the Constitution.

    That's the way it is with everything that happens.
    It should go to state court first to let the state address it and explain it

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    Re: California gay marriage ban overturned: report

    Well, was fun all but I gotta actually go do work away from the computer. I'm sure it'll be 10 pages longer by the time I get back

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    This is a state issue it should have went to state court first
    It already did. The California Supreme Court said that since prop 8 amended the California Constitution there was nothing for them to rule on.
    <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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