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Thread: U.S. judge orders Kentucky to recognize same-sex marriages

  1. #21
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    Re: And another one down: U.S. judge orders Kentucky to recognize same-sex marriages

    Quote Originally Posted by notquiteright View Post
    The 10th is alive and well, it gives those powers not delegated to the United States nor prohibited to the States to BOTH the states and people. Some who quote the 10th seem to think it ONLY gives rights/powers to the States if not granted to the feds. It by NO means approves of unconstitutional laws passed by state governments. A state that doesn't abide by the Constitution gets called out on it... the Judiciary doesn't rule us, it acts as a check to government over reach and government favoritism.

    If the Ayatollahs have the power, abortion would be illegal, women would be stoned for adultery, and any worship not sanctioned by them would be illegal. Oh and the whole women can't go to school or go in public alone.... so that rhetoric is rather silly...
    KY hasn't been ruled unconstitutional and the challenges that it is again is headed to the SCOTUS. the fact is a judge just ruled that a state can violate another states constitution. that is absolutely unconstitutional.

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    Re: And another one down: U.S. judge orders Kentucky to recognize same-sex marriages

    Quote Originally Posted by ludin View Post
    Actually no that judges ruling is violation of the constitution. another state cannot tell another state what to do. this is in the 10th amendment. this judges ruling is in direct violation of the 10th amendment. even if you pass gay marriage my state is under non obligation to acknowledge that as based on constitutional law.
    That will be a real interesting argument to make to the Supreme Court. The counter argument might be no state is telling another what to do, the suit isn't one state vs another but a couple as private citizens vs a state. The court isn't telling Kentucky to start issuing same sex couples marriage licenses, but they must respect valid SSM licenses, not unlike out of state drivers licenses.

    (which will make an interesting situation when a CCL citizen goes to a state that doesn't permit concealed carry and sues for his license to be recognized)

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    Re: And another one down: U.S. judge orders Kentucky to recognize same-sex marriages

    Quote Originally Posted by ludin View Post
    KY hasn't been ruled unconstitutional and the challenges that it is again is headed to the SCOTUS. the fact is a judge just ruled that a state can violate another states constitution. that is absolutely unconstitutional.
    I was addressing his encompassing rant, not just one issue- that I do above....

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    Re: And another one down: U.S. judge orders Kentucky to recognize same-sex marriages

    Quote Originally Posted by notquiteright View Post
    That will be a real interesting argument to make to the Supreme Court. The counter argument might be no state is telling another what to do, the suit isn't one state vs another but a couple as private citizens vs a state. The court isn't telling Kentucky to start issuing same sex couples marriage licenses, but they must respect valid SSM licenses, not unlike out of state drivers licenses.

    (which will make an interesting situation when a CCL citizen goes to a state that doesn't permit concealed carry and sues for his license to be recognized)
    Actually it is. KY constitution sets marriage as a man and a women. if a couple go to VT and get married the judge says that KY has to acknowledge that marriage in violation of it's constitution.

    that means that VT has power over the KY state and constitution. a judge ordered another state to violate it's own constitution based on the laws of another state.

    I could careless about the whole gay marriage thing on this. this judge should be removed from the bench. his job is to uphold the constitution why can't judges remember this.

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    Re: And another one down: U.S. judge orders Kentucky to recognize same-sex marriages

    Quote Originally Posted by ludin View Post
    you might want to look at the 10th amendment.
    you also might want to look that most states already out law this through incest laws.

    From the court cases i have found which are few they all have been shot down as long as there was a statute that prohibited it.

    so if you married your cousin in one state and then went to another state as long as the statue was in place it would be found void.

    First:


    State Laws on Marriage to Cousins

    Twenty-four states prohibit marriages between first cousins. Twenty states and the District of Columbia allow cousins to marry; six states permit first-cousin marriage only under certain circumstances.

    State Laws on Marriage to Cousins (washingtonpost.com)

    Then:

    "Of the twenty-six states that prohibit marriages between first cousins from being performed within the state, four permit such marriages to be recognized if the cousins were married in another state where their marriage was legal: Idaho, Ohio, Texas, and West Virginia. All of these states also explicitly prohibit the performance and recognition of same-sex marriages.

    Idaho recognizes all of out-of-state marriages that do not violate the state’s public policy, as well as those that were entered into with the intent to evade the prohibitions of its marriage laws. Although it does not permit them, Idaho does not state that marriages between first cousins are contrary to its public policy. In Texas, marriages are presumed valid unless there is a strong policy reason for holding the marriage void or voidable.

    Although Texas does not permit marriages between first cousins, it does recognize such marriages if they were valid where they were performed. West Virginia recognizes valid out-of-state marriages between first cousins, so long as the marriage was not entered into with the intent to evade the state’s own prohibition on such marriages.

    - See more at: http://verdict.justia.com/2013/09/09/a-south-carolina-same-sex-marriage-challenge-and-predictions-as-to-the-outcome-of-future-litigation-in-this-area#sthash.9oPj9Ok4.dpuf"

    So yes, some states do.

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    Re: And another one down: U.S. judge orders Kentucky to recognize same-sex marriages

    So yes, some states do.
    That doesn't negate the fact that some don't and can't be forced to.

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    Re: And another one down: U.S. judge orders Kentucky to recognize same-sex marriages

    Quote Originally Posted by ludin View Post
    Actually no that judges ruling is violation of the constitution. another state cannot tell another state what to do. this is in the 10th amendment.

    this judges ruling is in direct violation of the 10th amendment.

    even if you pass gay marriage my state is under non obligation to acknowledge that as based on constitutional law.
    So one state can ignore ignore another's adherence to the 1st amendment?
    The whole modern world has divided itself into Conservatives and Progressives. The business of Progressives is to go on making mistakes. The business of Conservatives is to prevent mistakes from being corrected.
    -GK Chesterton

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    Re: And another one down: U.S. judge orders Kentucky to recognize same-sex marriages

    Quote Originally Posted by OldWorldOrder View Post
    So one state can ignore ignore another's adherence to the 1st amendment?
    What does the 1st Amendment have to do with the question?
    I don't often change my signature, but this was just too over the top to let anyone forget with what this country is up against...
    Quote Originally Posted by James D Hill View Post
    I am for gay marriage because it ticks off Jesus freaks and social conservatives. Gays are also good voters because the vote for my side so I fight next to them.

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    Re: And another one down: U.S. judge orders Kentucky to recognize same-sex marriages

    Quote Originally Posted by AlabamaPaul View Post
    What does the 1st Amendment have to do with the question?
    Well...you said one state can ignore another's adherence to the 14th amendment, so I was wondering what other amendments worked in a similar fashion.

    EDIT: Oh, I'm sorry, ludin said that. The guy I quoted. My bad.
    The whole modern world has divided itself into Conservatives and Progressives. The business of Progressives is to go on making mistakes. The business of Conservatives is to prevent mistakes from being corrected.
    -GK Chesterton

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    Re: And another one down: U.S. judge orders Kentucky to recognize same-sex marriages

    As an aside,

    "...adoptions are court orders, which, all states are required to recognize under the Full Faith and Credit Clause. As a result, an adoption by an “LGBT parent should be recognized in every state, even if that state’s own laws would not have allowed the adoption to take place.”

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