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Thread: Louisiana ruling breaks pro-gay marriage streak

  1. #11
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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Deuce View Post
    On the plus side, this ruling means SCOTUS will be forced to take on the issue.
    Stupid question: why would they be forced to take on any issue? They turn down thousands of petitions per year.

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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Cardinal View Post
    Stupid question: why would they be forced to take on any issue? They turn down thousands of petitions per year.
    Circuit split. This case gets appealed, the circuit court will inevitably overturn it, but that will get appealed to SCOTUS. They'll have two conflicting rulings in different circuits both being appealed. They'd have to either take the case and rule on it, or reject the appeal thereby upholding the 5th circuit's decision to overturn same-sex marriage bans. (they aren't going to have any procedural bull**** to punt on) This would be a defacto overturn of same sex marriage bans.

    Not that this will matter in the end. Supreme Court is going to take the case either way, they only need four votes to grant cert. They should announce in October or November that they'll be hearing one (or more) of the cases, and will probably wait until the very last day of their next session because it's a big case and they just love doing that. So, end of June 2015, same-sex marriage will be legal nationwide. I'd put money on it.
    Last edited by Deuce; 09-04-14 at 02:17 PM.
    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.

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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Navy Pride View Post

    Does anyone have the actual opinion of the court on this ruling?

    Tim-
    “When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.” - P. J. O’Rourke
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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Deuce View Post
    Circuit split. This case gets appealed, the circuit court will inevitably overturn it, but that will get appealed to SCOTUS. They'll have two conflicting rulings in different circuits both being appealed. They'd have to either take the case and rule on it, or reject the appeal thereby upholding the 5th circuit's decision to overturn same-sex marriage bans. (they aren't going to have any procedural bull**** to punt on) This would be a defacto overturn of same sex marriage bans.

    If the 5th Circuit reverses the District Court Judge, that is inline with the 10th and 4th Circuits and is not a split Circuit situation. Only if the 5th upholds the ban does it generate a split with the 10th and 4th.



    >>>>>

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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Hicup View Post
    Does anyone have the actual opinion of the court on this ruling?

    Tim-

    2:13-cv-05090 #131



    >>>>

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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by WorldWatcher View Post
    If the 5th Circuit reverses the District Court Judge, that is inline with the 10th and 4th Circuits and is not a split Circuit situation. Only if the 5th upholds the ban does it generate a split with the 10th and 4th.



    >>>>>
    Right, but the 5th circuit's decision would most certainly be appealed by Lousiana. If SCOTUS then says "yes, this overturning was correct, appeal denied," that is effectively the same thing as ruling on the case.
    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.

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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Deuce View Post
    Right, but the 5th circuit's decision would most certainly be appealed by Lousiana. If SCOTUS then says "yes, this overturning was correct, appeal denied," that is effectively the same thing as ruling on the case.

    The decision is likely to be appealed no matter which side wins. Not disagreeing with that.

    My post was that you incorrectly described what a "split" Circuit situation was. If the 5th overturns the Judge, then it is inline with the 10th and 4th - not a "split" in the Circuit Court decisions. The District Court Judges ruling is not a factor in determining if a "split" exists.


    >>>>

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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by WorldWatcher View Post
    The decision is likely to be appealed no matter which side wins. Not disagreeing with that.

    My post was that you incorrectly described what a "split" Circuit situation was. If the 5th overturns the Judge, then it is inline with the 10th and 4th - not a "split" in the Circuit Court decisions. The District Court Judges ruling is not a factor in determining if a "split" exists.


    >>>>
    True enough. Not a real split. Unless the 5th circuit upholds the district judge's decision. Don't see how they could possibly do that. (although that circuit is deep, deep south!)

    But as I edited in, they're going to take the case anyway so it doesn't matter in the end.
    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.

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    Re: Louisiana ruling breaks pro-gay marriage streak

    I haven't read Judge Feldman's decision and doubt that I will. But going by the brief descriptions of it I read, it makes sense. Apparently the party challenging Louisiana's marriage law made at least two claims.

    The first, as best I can tell, was that homosexuals are a suspect class for Fourteenth Amendment equal protection purposes. In equal protection challenges, a law that makes a suspect classification will be reviewed under the Supreme Court's "strict scrutiny" standard. Under that standard, the law will be unconstitutional unless the government can show it was necessary to achieve an essential government purpose.

    Laws make suspect classifications when they single out people for disparate treatment based on their race, national origin, or alienage. The challengers evidently argued that the court should declare homosexuals a new suspect class, and the judge declined to do that. That seems proper, because he would have had no legal precedent for doing that.

    Absent any suspect classification, rational basis review would have applied, with the Louisiana law being presumed valid and the burden on the challenger to show it was not rationally related to a legitimate government interest. This standard is ordinarily pretty easy to meet, and it was met in this case.

    The second claim failed because the judge recognized Louisiana's authority to define marriage by law. In U.S. v. Windsor last year, the Supreme Court held section 3 of the Defense of Marriage Act unconstitutional. But the Court was careful to note that DOMA is a federal law, and (however disingenuously) it emphasized it was not questioning the states' traditional authority to define marriage. The judge was just recognizing that authority.

    Section two of the DOMA is still in place--at least for now--and it gives states authority not to recognize same-sex marriages performed in other states. The Full Faith and Credit Clause, Art. IV, sec. 1, requires states to recognize the "public acts, records, and judicial proceedings of every other state." But it also gives Congress power to make laws prescribing how those acts, records, and proceedings shall be proved, and what effect they have. And that's what section two of the DOMA does.

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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by NIMBY View Post
    I didn't think you were against gays--which is it Navy?.

    We already have stats from schools showing that kids from a 2-parent gay couple are more functional than
    many subcategories of heterosexual couples.

    I hope you live long enough to see a decade's worth of quantifiable data, as we now have on mixed-race couples .
    I am against changing the name of marriage......What part of that do you not understand?
    "God Bless Our Troops in Harms Way."

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