Page 6 of 35 FirstFirst ... 4567816 ... LastLast
Results 51 to 60 of 347

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

  1. #51
    Outer space potato man

    Join Date
    Feb 2010
    Last Seen
    Yesterday @ 09:14 PM
    Gender
    Lean
    Undisclosed
    Posts
    51,803

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

    Quote Originally Posted by hazlnut View Post
    Nice, homophobic remark.
    To be fair, he didn't say he was against the idea!
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

  2. #52
    Slayer of the DP Newsbot
    danarhea's Avatar
    Join Date
    Aug 2005
    Location
    Houston, TX
    Last Seen
    Today @ 01:02 AM
    Gender
    Lean
    Conservative
    Posts
    39,751

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

    Quote Originally Posted by Harshaw View Post
    Doesn't matter.

    The amendment was duly adopted according to the terms of the constitution, and thus is now duly a part of the constitution.
    The California Constitution, which the United States Constitution trumps.
    The ghost of Jack Kevorkian for President's Physician: 2016

  3. #53
    Sage
    CriticalThought's Avatar
    Join Date
    Jun 2009
    Last Seen
    12-13-17 @ 08:36 PM
    Gender
    Lean
    Libertarian
    Posts
    18,125

    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.
    Legislative fact argument eh?

    The problem with arguing that marriage has always been between a man and a woman is that there is a historical record in many different countries of people of the same sex getting married. Furthermore, just as you can argue that anyone can marry someone of the opposite sex, it can be argued that everyone is denied the right to marry someone of the same sex. Denying people rights is what is in contention.

  4. #54
    Banned Goobieman's Avatar
    Join Date
    Feb 2006
    Last Seen
    03-22-15 @ 02:36 PM
    Gender
    Lean
    Very Conservative
    Posts
    17,343

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

    Quote Originally Posted by hazlnut View Post
    The California Constitution hadn't been amended when they swore to defend it.
    This is, of course, silly. The oath is to defend the constitution, period, not the constitution as it stood at the time the oath was taken.

    One can only imagine your outrage if this argument were used in a refusal to enforce the 13th or 15th amendment.

  5. #55
    Banned Goobieman's Avatar
    Join Date
    Feb 2006
    Last Seen
    03-22-15 @ 02:36 PM
    Gender
    Lean
    Very Conservative
    Posts
    17,343

    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?
    Marrige, as a legal entity, was created by the state - it exists only because the state created it, and would not exist had the state not created it.
    As such, it can ONLY be a privilege, as rights are neither created by nor bestowed upon the people by the state.

  6. #56
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 01:49 AM
    Lean
    Libertarian - Right
    Posts
    29,569

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

    Quote Originally Posted by danarhea View Post
    The California Constitution, which the United States Constitution trumps.
    Not on every issue. Only those over which the US Constitution has supremacy. As the equal protection question under the US Constitution is an open issue, and in fact no other federal court has ever ruled that state marriage laws as they exist violate equal protection, then a defense of the California constitution requires an argument that it doesn't violate anything, and that it's a purely state matter.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  7. #57
    Educator joe six-pack's Avatar
    Join Date
    Aug 2010
    Location
    Six-Pakistan
    Last Seen
    07-19-11 @ 07:59 PM
    Lean
    Liberal
    Posts
    1,123

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

    Quote Originally Posted by Goobieman View Post
    Marrige, as a legal entity, was created by the state - it exists only because the state created it, and would not exist had the state not created it.
    As such, it can ONLY be a privilege, as rights are neither created by nor bestowed upon the people by the state.
    Because it's a legal entity, part of the public sphere, it's part of our legal system. As such, it must be equal in regards to the People, as per certain Constitutional protections; the Equal Protection clause, as an example. There are lots of protections in the Law which state that unfair treatment or persecution is unconstitutional.

    It doesn't matter if you consider marriage itself to be a privilege or a right. What does matter is that everyone has the same rights concerning the Law itself. Duh.
    Last edited by joe six-pack; 09-06-10 at 04:53 PM.
    Quote Originally Posted by Ron Paul
    "In the technical sense--by the economic definition--President Obama is not a socialist," - 4-10-2010
    Do you want to have a debate? Hit the reply button.

  8. #58
    Banned Goobieman's Avatar
    Join Date
    Feb 2006
    Last Seen
    03-22-15 @ 02:36 PM
    Gender
    Lean
    Very Conservative
    Posts
    17,343

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

    Quote Originally Posted by danarhea View Post
    The California Constitution, which the United States Constitution trumps.
    That's not releally relevant to what he said.

  9. #59
    Banned Goobieman's Avatar
    Join Date
    Feb 2006
    Last Seen
    03-22-15 @ 02:36 PM
    Gender
    Lean
    Very Conservative
    Posts
    17,343

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

    Quote Originally Posted by joe six-pack View Post
    Because it's a legal entity, part of the public sphere, it's part of our legal system. As such, it must be equal in regards to the People, as per the Equal Protection clause.
    Yes... but that doesnt change the fact that marriage is a privilege, not a right.
    The -right- involved here, if any, is the right to equal protection under the law in that priviliges may only be denied to people under certain circumstances.

  10. #60
    Educator joe six-pack's Avatar
    Join Date
    Aug 2010
    Location
    Six-Pakistan
    Last Seen
    07-19-11 @ 07:59 PM
    Lean
    Liberal
    Posts
    1,123

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

    Quote Originally Posted by Goobieman View Post
    Yes... but that doesnt change the fact that marriage is a privilege, not a right.
    It's a "Law" (or lawful entity) so it doesn't matter.
    Quote Originally Posted by Goobieman View Post
    The -right- involved here, if any, is the right to equal protection under the law in that privileges may only be denied to people under certain circumstances.
    Those circumstances are when two people or groups of people are similarly situated, in legal terms.

    So we have a situation where both same-sex and opposite-sex couples: 1. Marry. 2. Raise Children 3. Form life-long commitments, relationships, legal and economic ties. In every way that concerns the State, same-sex and opposite-sex couples are similar in legal terms. Marriage is a legal contract, with a set of rights, privileges, penalties and immunities within it. Most of which concern join-finances, property and debt obligations.

    It's insane to deny same-sex couples the legal institution of marriage on the base of homophobia.
    Quote Originally Posted by Ron Paul
    "In the technical sense--by the economic definition--President Obama is not a socialist," - 4-10-2010
    Do you want to have a debate? Hit the reply button.

Page 6 of 35 FirstFirst ... 4567816 ... LastLast

Posting Permissions

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