Page 89 of 189 FirstFirst ... 3979878889909199139 ... LastLast
Results 881 to 890 of 1882

Thread: California gay marriage ban overturned: report

  1. #881
    Sage
    Hicup's Avatar
    Join Date
    Oct 2009
    Location
    Rochester, NY
    Last Seen
    12-07-17 @ 03:18 PM
    Gender
    Lean
    Very Conservative
    Posts
    7,846

    Re: California gay marriage ban overturned: report

    Quote Originally Posted by CriticalThought View Post
    Simple. it has been the precedent of the federal government that marriage is a fundamental civil right. As such, for California to intrude and deny that right to same sex couples, it must provide stict scrutiny for why it has done so. California failed to provide decent rational as to why same sex couples should be denied the right to marry, and thus the judge found that same sex couples were denied due process of law.
    Can you provide the precedent?

    Tim-
    “When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.” - P. J. O’Rourke
    “Socialism is great until you run out of someone elses money” Margaret Thatcher

  2. #882
    Banned
    Join Date
    May 2009
    Location
    Redneck Riviera
    Last Seen
    07-09-11 @ 06:11 PM
    Gender
    Lean
    Moderate
    Posts
    28,728

    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Hicup View Post
    Can you provide the precedent?

    Tim-
    Here's an article that overviews the topic.
    The right to marry and the Constitution

    Here are the essential rulings that establish marriage as an essential right:

    The first state marriage law to be invalidated was Virginia's miscegenation law in Loving v Virginia (1967). Mildred Jeter, a black woman, and Richard Loving, a white man, had been found guilty of violating Virginia's ban on interracial marriages and ordered to leave the state. The Court found Virginia's law to violate the Equal Protection Clause because it invidiously classified on the basis of race, but it also indicated the law would violate the Due Process Clause as an undue interference with 'the fundamental freedom" of marriage.

    In Zablocki v Redhail (1978), the Court struck down a Wisconsin law that required persons under obligations to pay support for the children of previous relationships to obtain permission of a court to marry. The statute required such individuals to prove that they were in compliance with support orders and that marriage would not threaten the financial security of their previous offspring. The Court reasoned that marriage was "a fundamental right" triggering "rigorous scutiny" of Wisconsin's justifications under the Equal Protection Clause.

    In Turner v Safley (1987), the Court refused to apply strict scutiny to a Missouri prison regulation prohibiting inmates from marrying, absent a compelling reason. Instead, the Court found the regulation failed to meet even a lowered standard of "reasonableness" that it said it would apply in evaluating the constitutionality of prison regulations.
    Last edited by Catz Part Deux; 08-05-10 at 03:27 PM.

  3. #883
    Sage
    Hicup's Avatar
    Join Date
    Oct 2009
    Location
    Rochester, NY
    Last Seen
    12-07-17 @ 03:18 PM
    Gender
    Lean
    Very Conservative
    Posts
    7,846

    Re: California gay marriage ban overturned: report

    Quote Originally Posted by rivrrat View Post
    So then you have the answer to your own question.
    Cute..


    Tim-
    “When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.” - P. J. O’Rourke
    “Socialism is great until you run out of someone elses money” Margaret Thatcher

  4. #884
    Goddess of Bacon

    Join Date
    Feb 2007
    Location
    Charlottesville, VA
    Last Seen
    05-28-12 @ 09:35 PM
    Gender
    Lean
    Undisclosed
    Posts
    13,988

    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Reverend_Hellh0und View Post
    This is California, I thought they already had this.
    Quote Originally Posted by Catz Part Deux View Post
    No. Prop 8 halted the right of gays to marry. It was passed in response to local ordinances in places like San Fran.
    What she said. /\/\/\

  5. #885
    Goddess of Bacon

    Join Date
    Feb 2007
    Location
    Charlottesville, VA
    Last Seen
    05-28-12 @ 09:35 PM
    Gender
    Lean
    Undisclosed
    Posts
    13,988

    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Hicup View Post
    Cute..


    Tim-
    So I've been told, but flattery won't get you anywhere.

  6. #886
    ANTI**ANTIFA
    ReverendHellh0und's Avatar
    Join Date
    Sep 2007
    Location
    Temple of Solomon
    Last Seen
    Yesterday @ 07:50 PM
    Gender
    Lean
    Libertarian
    Posts
    75,396

    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Catz Part Deux View Post
    No. Prop 8 halted the right of gays to marry. It was passed in response to local ordinances in places like San Fran.


    But they had civil unions no? Other than the label of "marry" what changes?
    Let evil swiftly befall those who have wrongly condemned us

  7. #887
    Banned
    Join Date
    Jul 2005
    Location
    Los Angeles, CA
    Last Seen
    02-16-11 @ 08:57 PM
    Gender
    Lean
    Centrist
    Posts
    36,915
    Blog Entries
    2

    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Hicup View Post
    Can you provide the precedent?

    Tim-
    Loving v Virdinia.
    Sharp v Perez

  8. #888
    Sage
    CriticalThought's Avatar
    Join Date
    Jun 2009
    Last Seen
    Yesterday @ 10:15 PM
    Gender
    Lean
    Libertarian
    Posts
    18,121

    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Catz Part Deux View Post
    Here's an article that overviews the topic.
    The right to marry and the Constitution

    Here are the essential rulings that establish marriage as an essential right:

    The first state marriage law to be invalidated was Virginia's miscegenation law in Loving v Virginia (1967). Mildred Jeter, a black woman, and Richard Loving, a white man, had been found guilty of violating Virginia's ban on interracial marriages and ordered to leave the state. The Court found Virginia's law to violate the Equal Protection Clause because it invidiously classified on the basis of race, but it also indicated the law would violate the Due Process Clause as an undue interference with 'the fundamental freedom" of marriage.

    In Zablocki v Redhail (1978), the Court struck down a Wisconsin law that required persons under obligations to pay support for the children of previous relationships to obtain permission of a court to marry. The statute required such individuals to prove that they were in compliance with support orders and that marriage would not threaten the financial security of their previous offspring. The Court reasoned that marriage was "a fundamental right" triggering "rigorous scutiny" of Wisconsin's justifications under the Equal Protection Clause.

    In Turner v Safley (1987), the Court refused to apply strict scutiny to a Missouri prison regulation prohibiting inmates from marrying, absent a compelling reason. Instead, the Court found the regulation failed to meet even a lowered standard of "reasonableness" that it said it would apply in evaluating the constitutionality of prison regulations.
    You forgot Griswold versus Connecticut (1965) and Cleveland Board of Education v. Lafleur (1974).

  9. #889
    Goddess of Bacon

    Join Date
    Feb 2007
    Location
    Charlottesville, VA
    Last Seen
    05-28-12 @ 09:35 PM
    Gender
    Lean
    Undisclosed
    Posts
    13,988

    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Reverend_Hellh0und View Post
    But they had civil unions no? Other than the label of "marry" what changes?
    Only marriage offers FEDERAL benefits and protections.

  10. #890
    ANTI**ANTIFA
    ReverendHellh0und's Avatar
    Join Date
    Sep 2007
    Location
    Temple of Solomon
    Last Seen
    Yesterday @ 07:50 PM
    Gender
    Lean
    Libertarian
    Posts
    75,396

    Re: California gay marriage ban overturned: report

    Quote Originally Posted by rivrrat View Post
    Only marriage offers FEDERAL benefits and protections.

    If the fedgov does not recognize gay marriage, what does the state who calls it such matter?
    Let evil swiftly befall those who have wrongly condemned us

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •