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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 winston53660 View Post
    Isn't the DOMA a federal issue?
    This is not about DOMA it is about a state constitutional amendment

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    It is a state law they most certanly do have the right to see if it is legal
    No they do not. Which is precisely why they handed it up to the federal courts.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Zyphlin View Post
    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.
    So the state is not responsible to make sure their laws meet federal standards?

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by disneydude View Post
    It already did. The California Supreme Court said that since prop 8 amended the California Constitution there was nothing for them to rule on.
    Got a link?

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Ikari View Post
    No, the whole of our system from State to Federal level has been filled with checks and balances. You don't like it because in this case the checks caught something you supported. But the checks and balances are necessary. Not even State government can be left to do as it likes. All government is restricted.
    The state has an obligation to meet federal law. The state should have done this not the feds

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Ikari View Post
    My legal argument could indeed be extended to polygamy, so long as the polygamy is enacted along the rights and liberties of the individual. In almost all cases of socialized polygamy, however, that has not been the case. I would also doubt that chaos would result. But as for the polygamy route, you could cite precedent in that Utah was not admitted to the Union until it made polygamy illegal.
    Chaos would definitely result if polygamy were made legal. Imagine if a man is married to five women and he dies without having a will. How does everything get divided? If someone was married much longer than the others she would expect more than an equal share. There would be all sorts of disputes. It would be utter chaos!

    Also, you haven't respond to my comment about contracts having the force of law. No individual can declare something has the force of law because an individual cannot use that force. Only government can give something the force of law, which means marriage as a legal institution is not a matter of individual rights. It is something entirely within the scope of state's rights. As such the federal government has no place in deciding what should be legally recognized as a marriage by a state and what shouldn't.
    Last edited by Demon of Light; 08-05-10 at 02:05 PM.
    "For what is Evil but Good-tortured by its own hunger and thirst?"
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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    This is not about DOMA it is about a state constitutional amendment
    You said marriage is not a federal issue yet with DOMA it seems to be a federal issue.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by disneydude View Post
    Please know the issues if you are going to debate them. The challenge obviously came after the election.
    Show a link

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    When? since the vote passed?
    Yes - CA supreme court upheld Prop 8 as legal ballot process that amended the state constitution.

    The CA state constitution was legally amended. Unfortunately, the amended version violates the 14th amendment of the U.S. Constitution. Hence, the Federal court case...

    Next step is the Fed appellate court, then SCOTUS.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    Show a link

    Google prop 8. The state supreme court review is old news.

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