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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 ptif219 View Post
    You need to back up what you claim
    No....you need to come prepared if you want to intelligently participate in a conversation.
    <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 disneydude View Post
    I expect them to rule on the equal protection claim which is a much stronger argument in my opinion.
    It is a much stronger argument, but the SCOTUS will duck the issue, and they'll do it by only deciding on whether due process was met. Even in the US Constitution, due process is all that needs to be met. This really is the legal question. The equal protection matter, although surrounded in tests and measures, is ultimately a question left to the states. The SCOTUS must address whether CA met the burden of due process. It did, and it did it in the same way any federal court would.

    Tim-
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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    ...it is about a state constitutional amendment
    A state's constitution could be amended under the process that is provided for such amendments, but the legal substance of the state's amendment cannot contradict the U.S. Constitution, which is the supreme law of the land. Hence, a state could adopt an amendment that, let's say, reinstates a separate education system for African American students. Even if the amendment received overwhelming approval throughout the process that led to its adoption, commanded overwhelming public support among the state's residents, and the state's highest court could only uphold the discriminatory amendment (because it is bound to uphold the state's constitution), that amendment would not survive a federal legal challenge.

    Such discrimination would run counter to the U.S. Constitution, e.g., as set forth in the Brown v. Board of Education (1954) precedent. Hence, even as such an amendment would have to survive all state challenges by virtue of its imposing a binding constitutional requirement on that state's courts, it would be struck down in the federal court system.

    With respect to Proposition 8, which amended California's constitution, a similar dynamic is in play. The State's courts cannot overturn that law. However, same-sex couples are not without possible legal remedies. They have argued that the California law should be overturned, because it violates the U.S. Constitution. In yesterday's ruling, Judge Walker agreed. If, in fact, his opinion accurately reflects the requirements of the 14th Amendment, Proposition 8 and all similar efforts will also fail on grounds that they violate the U.S. Constitution.

    In general, a state could adopt a greater range of "rights" than is called for in the U.S. Constitution without problem. However, if a state tries to impose greater restrictions than those permitted under the U.S. Constitution--even if allowable under its own constitution--the state would lose that legal challenge.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    You need to back up what you claim
    If you knew anything about THIS you wouldn't be asking such stupid questions.
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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    You need to back up what you claim
    You need to learn the basics of civics.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    You say it happened prove it. I will not do your research
    Oh for pete sake. Prop 8 was upheld by the State Supreme Court in May of 2009.

    California high court upholds Prop. 8 - Los Angeles Times

    It was then appealed to federal Court.

    http://online.wsj.com/public/resourc...2perrycomp.pdf

    And it was then overturned by the federal court.

    http://online.wsj.com/public/resourc...2perrycomp.pdf

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by FilmFestGuy View Post
    PLEASE RESPOND TO THIS:

    State Constitutional Amendments MUST meet the test of the Federal Constitution. PERIOD.

    Romer v. Evans - Wikipedia, the free encyclopedia

    This has been explained to you so many times that I begin to question your sincerity.

    It really isn't that hard to figure out.

    You can't amend your state's constitution in a way that is contradictory to the federal constitution.

    It really isn't that hard. Dear God, almighty.
    Notice the state defended the amendment where is California doing that?

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    You need to back up what you claim
    We're not here to teach you basic civics.

    Call your high school and ask the U.S. History teacher or Government teacher to bring you up to speed and the differences between state and federal courts.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by disneydude View Post
    Seriously Dude....if you want to participate in the debate, please come prepared. It is not our duty to make sure you are educated so that you can play along. Spend 5 minutes and then come back.
    So you are to lazy to back up your claims with facts?

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Hicup View Post
    It is a much stronger argument, but the SCOTUS will duck the issue, and they'll do it by only deciding on whether due process was met. Even in the US Constitution, due process is all that needs to be met. This really is the legal question. The equal protection matter, although surrounded in tests and measures, is ultimately a question left to the states. The SCOTUS must address whether CA met the burden of due process. It did, and it did it in the same way any federal court would.

    Tim-
    That is completely wrong. It is not sufficient that a state comply with due process. They have to meet all of the Constitutional protections, including equal protection.
    <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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