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Thread: Court won't force state to defend Prop. 8

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    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by Singularity View Post
    If I were against gay marriage, I would do everything in my power to keep this from going to the Supreme Court, because it's pretty much a guarantee that Prop 8 would be struck down given the nature of this case. Literally, the 14th Amendment states:

    "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws".

    There is no way to twist the meaning of that section. No state can enforce any law which abridges the privileges of U.S citizens, and since most gay marriage opponents believe marriage to be a privilege and not a right, then there you have it.

    Seems pretty open and shut to me.
    There's a great deal more to it than that, as has been hashed out in many other threads.
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    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by RightinNYC View Post
    "When I joined the military and swore to defend the country as directed, we were at peace. Now the Japanese have bombed Pearl Harbor and they're telling me I have to go fight at war. We weren't at war when I signed my contract, so that means I get to go home, right?"
    False analogy.

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    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by hazlnut View Post
    False analogy.
    Oh, well if you say so.
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  4. #34
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    Re: Court won't force state to defend Prop. 8

    Where in the Constitution does it specifically state gay marriage as a privilege? The law of marriage says one man and one wife (male and female). Altering it to fit another definition is illogical (like calling all watermelon cantaloupe). If I remember correctly a federal judge ruled DOMA unconstitutional because states have the rights to define marriage, and in MA gay marriage is legal... It seems we have a conflict.
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    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by Harshaw View Post
    There's a great deal more to it than that, as has been hashed out in many other threads.
    Yes there is.

    Since Prop 8 is dead, or soon will be, the following will happen:

    People of all sorts will come to San Fransissyco and other tourist destinations in California and get married. Many will be married by a Justice of the Peace, and will then go to their home state and register a public act duly recorded as part of a judicial proceeding in California.

    And what does Article IV, Section I say about how each state shall treat the public Acts, Records, and judicial Proceedings of every other State?

    Why the Constitution says EACH state must give full faith and credit to the public acts, records, and judicial proceedings of the others.

    So, a legally married couple in California is also a legally married couple in Kansas.

    And THAT is going to go STRAIGHT to the Supreme Court, most likely in time to entertain the nation for the 2012 election.

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    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by digsbe View Post
    Where in the Constitution does it specifically state gay marriage as a privilege? The law of marriage says one man and one wife (male and female). Altering it to fit another definition is illogical (like calling all watermelon cantaloupe). If I remember correctly a federal judge ruled DOMA unconstitutional because states have the rights to define marriage, and in MA gay marriage is legal... It seems we have a conflict.
    Marriage is a right reserved to the people, see Amendment IX.

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    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by Scarecrow Akhbar View Post
    Marriage is a right reserved to the people, see Amendment IX.
    And marriage is a union between a man and woman. You can create another legal union with a different name for homosexuals. However, by definition the homosexual union does not fit the definition of marriage. And even homosexuals can get married to anyone of the opposite sex that consents. It is still reserved for everyone.
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    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by digsbe View Post
    And marriage is a union between a man and woman. You can create another legal union with a different name for homosexuals. However, by definition the homosexual union does not fit the definition of marriage. And even homosexuals can get married to anyone of the opposite sex that consents. It is still reserved for everyone.

    They have it is called same sex marriage.
    1 a (1) : the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law (2) : the state of being united to a person of the same sex in a relationship like that of a traditional marriage <same-sex marriage> b : the mutual relation of married persons : wedlock c : the institution whereby individuals are joined in a marriage
    2
    : an act of marrying or the rite by which the married status is effected; especially : the wedding ceremony and attendant festivities or formalities
    3
    : an intimate or close union <the marriage of painting and poetry — J. T. Shawcross>

    Marriage - Definition and More from the Free Merriam-Webster Dictionary

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    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by Harshaw View Post
    There's a great deal more to it than that, as has been hashed out in many other threads.
    'Hashed out' in threads on an internet message board is one thing; in a court of law, quite another. If you are against gay marriage, you should probably chalk California up to a loss and hope that this case goes no further.

    Of course, it's inevitable that gay marriage will soon be the law of the land, so i'm not sure what could be done to stop it.

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    Re: Court won't force state to defend Prop. 8

    Quote Originally Posted by digsbe View Post
    And marriage is a union between a man and woman. You can create another legal union with a different name for homosexuals. However, by definition the homosexual union does not fit the definition of marriage. And even homosexuals can get married to anyone of the opposite sex that consents. It is still reserved for everyone.
    Wrong. The definition of marriage is what homosexuals are seeking to change, to make it more inclusive to them. And given that there is no ironclad reason to exclude same sex couples from the privilege given the wording of the 14th Amendment, the only advice I can give you is to get used to it. Of course, you still have the 'wing and a prayer' option, meaning that the issue will hopefully die and the SCOTUS will not pick it up. While I would like to see gay marriage the law of the land, I understand that you don't. If I were to sympathize with you, then i'd hope that the Supreme Court ignores it entirely.

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