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Thread: Louisiana ruling breaks pro-gay marriage streak

  1. #21
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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.


    I have a flash for you they already are taking on the issue.
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  2. #22
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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Navy Pride View Post
    Raise your hand if you are shocked that a southern state would do such a thing?
    Quote Originally Posted by Bucky View Post
    You have no empirical evidence backing up your false assertion. You are simply conjecturing based on a whim...
    Quote Originally Posted by Hawkeye10 View Post
    Or maybe "We now understand why women provoke men into hitting them".
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    . Losing insurance does not mean losing healthcare. .

  3. #23
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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Top Cat View Post
    Raise your hand if you are shocked that a southern state would do such a thing?
    Having been on other forums like these, I'm not shocked to see such an utterly silly comment. It shows you have no idea how federal district courts work. All the state of Louisiana did was to defend its right to define marriage--a right Justice Kennedy emphasized in his opinion in Windsor last year.

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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by matchlight View Post
    Having been on other forums like these, I'm not shocked to see such an utterly silly comment. It shows you have no idea how federal district courts work. .
    Oh please. Spare me. That's just nonsense.
    Quote Originally Posted by Bucky View Post
    You have no empirical evidence backing up your false assertion. You are simply conjecturing based on a whim...
    Quote Originally Posted by Hawkeye10 View Post
    Or maybe "We now understand why women provoke men into hitting them".
    Quote Originally Posted by American View Post
    . Losing insurance does not mean losing healthcare. .

  5. #25
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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by matchlight View Post
    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.
    Excellent review, and after reading the entire decision my favorite part was this not satisfied by the plaintiffs:

    the hopeful chorus that the tide is turning seems ardent and is anarguably popular, indeed, poignant, outcome (whether or notcredibly constitutionally driven). Perhaps, in the wake of today'sblurry notion of evolving understanding, the result is ordained. Perhaps in a new established point of view, marriage will bereduced to contract law, and, by contract, anyone will be able toclaim marriage. Perhaps that is the next frontier, the next phaseof some "evolving understanding of equality," where what ismarriage will be explored. And as plaintiffs vigorously remind,there have been embattled times when the federal judiciary properlyinserted itself to correct a wrong in our society. But that is anincomplete answer to today's social issue. When a federal court isobliged to confront a constitutional struggle over what ismarriage, a singularly pivotal issue, the consequence of outcomes,intended or otherwise, seems an equally compelling part of theequation. It seems unjust to ignore. And so, inconvenientquestions persist. For example, must the states permit orrecognize a marriage between an aunt and niece? Aunt and nephew?Brother/brother? Father and child? May minors marry? Mustmarriage be limited to only two people? What about a transgenderspouse? Is such a union same-gender or male-female? All suchunions would undeniably be equally committed to love and caring forone another, just like the plaintiffs.

    19

    Plaintiffs' counsel was unable to answer such kinds ofquestions; the only hesitant response given was that such unionswould result in "significant societal harms" that the states couldindeed regulate. But not same-gender unions. This Court ispowerless to be indifferent to the unknown and possibly imprudentconsequences of such a decision. A decision for which thereremains the arena of democratic debate. Free and open and probingdebate. Indeed, fractious debate. The Court remains drawn to theforceful and prophetic circumspection expressed by Justice Powell,and turns the spotlight again not only on his dissent in Furman v.Georgia, 408 U.S. 238, 414 (1972), but also to Judge Kelly in hisdissent in the recent Tenth Circuit decision in Kitchen v. Herbert,No. 13-4178, 2014 U.S. App. LEXIS 11935 (10

    th

    Cir. June 25, 2014). Their words lead this Court today and ought not be slighted:
    I agree..


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  6. #26
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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Paschendale View Post
    I have literally no doubt at all in my mind that this ruling won't stand. There was bound to be such a ruling eventually, and it doesn't surprise me at all that it came from a confederate state. Perhaps we'll need a national ruling after all. Either way, this ruling hinges on protected classes, which is a pretty shoddy argument. It relies on the idea that one must be a protected class in order to have equal rights. Again, there is no way that such a poorly supported decision can stand.
    Former Comgederate state.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

  7. #27
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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Top Cat View Post
    Raise your hand if you are shocked that a southern state would do such a thing?
    What's that have to do with anything?
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

  8. #28
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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Navy Pride View Post
    It will be back.
    Killing one person is murder, killing 100,000 is foreign policy

  9. #29
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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by apdst View Post
    Former Comgederate state.
    Sometimes it's hard to tell.
    Liberté. Égalité. Fraternité.

  10. #30
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    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Paschendale View Post
    Sometimes it's hard to tell.
    Since your bigotry is going to come to the surface, why not your racism too, since Louisiana is one of of the blackest states in the country.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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