Page 6 of 8 FirstFirst ... 45678 LastLast
Results 51 to 60 of 76

Thread: Louisiana ruling breaks pro-gay marriage streak

  1. #51
    Outer space potato man

    Join Date
    Feb 2010
    Last Seen
    Today @ 10:29 AM
    Gender
    Lean
    Undisclosed
    Posts
    51,777

    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by matchlight View Post
    I cited the source for that quote right at the end of it.



    I would put it this way: starting with Romer, the justices who have signed on to the homosexual agenda, led by Anthony Kennedy, began to swing into high gear. The majority decision in Romer is a good example of the Supreme Court exceeding its constitutional authority and riding roughshod over the rights of the people of a state. That amendment to the Colorado constitution did not unfairly restrict the rights of homosexuals, nor was there evidence it was inspired by animosity. It was simply an attempt by the people of Colorado to prevent municipal governments from making ordinances that granted homosexuals, but not other people, rights in excess of those available under the state's laws--as several of them had done.

    Sure as hell does not comport with the extremely deferential rules the Court itself has established for rational basis review, as set out in the passage I quoted. There is a very good reason for that deference, by the way, which that passage alludes to when it mentions that the Court has no authority to "sit as a superlegislature." And that is respect for the separation of powers, a feature designed into the Constitution as one of a the main checks on abuse of government power. I think Justice Scalia hit it right on the head in his dissenting opinion in Romer:

    The constitutional amendment before us here is not the manifestation of a "'bare ... desire to harm' " homosexuals, ante, at 634, but is rather a modest attempt by seemingly tolerant Coloradans to preserve traditional sexual mores against the efforts of a politically powerful minority to revise those mores through use of the laws. That objective, and the means chosen to achieve it, are not only unimpeachable under any constitutional doctrine hitherto pronounced (hence the opinion's heavy reliance upon principles of righteousness rather than judicial holdings); they have been specifically approved by the Congress of the United States and by this Court . . . Today's opinion has no foundation in American constitutional law, and barely pretends to. The people of Colorado have adopted an entirely reasonable provision which does not even disfavor homosexuals in any substantive
    sense, but merely denies them preferential treatment.



    Going by Kennedy's opinions in Romer and Lawrence, particularly, I'd say that if the Supreme Court ever declares a constitutional right to same-sex marriage, it's most likely that would be its rationale.
    Preferential treatment?? Hahahahahaha. Oh god,that's rich. Do explain, my friend, what special privilege would be granted to homosexual couples that wasn't also granted to heterosexual couples.
    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
    Sage
    Hicup's Avatar
    Join Date
    Oct 2009
    Location
    Rochester, NY
    Last Seen
    12-07-17 @ 03:18 PM
    Gender
    Lean
    Very Conservative
    Posts
    7,846

    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Deuce View Post
    This is just plain stupid. If "it was enacted" inherently satisfies the rational basis test, then rational basis isnt a test at all. and the courts have recognized the stupidity of this notion and explicitly rejected the idea that passing a legislator is enough,



    Slippery slope fallacy is still a fallacy in the legal world. We can't let interracial couples marry, because then we have to let people marry children!






    Redress against tyranny of the majority is part of the court's job. "Will of the people" and "tradition" dont satisfy the rational basis test.

    It's not a slippery slope if asked to the plaintiffs and they cannot argue why their brand is different than any of those alternative brands; additionally, they could not avoid the eventual conclusion and admitted that those other alternatives were by and large exactly the same thing that their brand was asking for the courts to decide.. You just so very much wish it to be a logical fallacy that it burns in you.

    Tim-
    “When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.” - P. J. O’Rourke
    “Socialism is great until you run out of someone elses money” Margaret Thatcher

  3. #53
    Sage
    Hicup's Avatar
    Join Date
    Oct 2009
    Location
    Rochester, NY
    Last Seen
    12-07-17 @ 03:18 PM
    Gender
    Lean
    Very Conservative
    Posts
    7,846

    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Deuce View Post
    Preferential treatment?? Hahahahahaha. Oh god,that's rich. Do explain, my friend, what special privilege would be granted to homosexual couples that wasn't also granted to heterosexual couples.

    Boy you really have a reading problem don't you? Turn off the blinders for a moment, Deuce? He is saying that the preferential treatment means granting their request against the peoples will over other requests that by and large the people would have full authority to otherwise be in their right to deny.


    Tim-
    “When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.” - P. J. O’Rourke
    “Socialism is great until you run out of someone elses money” Margaret Thatcher

  4. #54
    Banned
    Join Date
    Jul 2014
    Location
    Los Angeles area
    Last Seen
    07-19-17 @ 01:15 PM
    Gender
    Lean
    Conservative
    Posts
    9,868

    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Deuce View Post
    Preferential treatment?? Hahahahahaha. Oh god,that's rich. Do explain, my friend, what special privilege would be granted to homosexual couples that wasn't also granted to heterosexual couples.
    Yes, it is good for a laugh to see someone with your knowledge of the law mocking Justice Scalia. I don't need to explain anything for him--read the case.

  5. #55
    cynical class clown
    Luftwaffe's Avatar
    Join Date
    May 2014
    Location
    CONNECTICUT
    Last Seen
    11-18-17 @ 10:49 PM
    Gender
    Lean
    Libertarian
    Posts
    10,499

    Re: Louisiana ruling breaks pro-gay marriage streak

    the end result of all this is going to be anti-gay side getting rekt by SCOTUS.

    This thread is meaningless, it won't change the end result.

    SSM is going to be legalized, learn to deal with it (sidenote: I wonder how old the anti SSM posters here are...).
    -----MOS 19D = cavalry scout = best damn MOS there is

  6. #56
    Sage
    Hicup's Avatar
    Join Date
    Oct 2009
    Location
    Rochester, NY
    Last Seen
    12-07-17 @ 03:18 PM
    Gender
    Lean
    Very Conservative
    Posts
    7,846

    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Luftwaffe View Post
    the end result of all this is going to be anti-gay side getting rekt by SCOTUS.

    This thread is meaningless, it won't change the end result.

    SSM is going to be legalized, learn to deal with it (sidenote: I wonder how old the anti SSM posters here are...).

    Correction, it will be legal in some places and not in others. Feldman's ruling was actually quite brilliant, and legally consistent with the precedent set before the courts. In fact one might argue that in order for those other 20 state courts to rule in favor of SSM, they ignored some very profound and institutional tenants of the judicial process. My guess is that in order for the USSC to overturn Feldman's decision it will have to revisit a great many other cases where Feldman's' reasoning was sacrosanct. Something I imagine they would be unwilling to do.

    What does someone's age have to do with interpreting constitutional law, unless you meant to say that young folks really aren't up to speed? You prefer feel goodie legal rulings over long standing legal principles, I expect?


    Tim-
    “When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.” - P. J. O’Rourke
    “Socialism is great until you run out of someone elses money” Margaret Thatcher

  7. #57
    Banned
    Join Date
    Jul 2014
    Location
    Los Angeles area
    Last Seen
    07-19-17 @ 01:15 PM
    Gender
    Lean
    Conservative
    Posts
    9,868

    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Hicup View Post
    Boy you really have s a reading problem don't you? Turn off the blinders for a moment, Deuce? He is saying that the preferential treatment means granting their request against the peoples will over other requests that by and large the people would have full authority to otherwise be in their right to deny.


    Tim-
    Maybe the most biting thing Justice Scalia said in his dissenting opinion in Romer was this:


    "Today's opinion has no foundation in American constitutional law, and barely pretends to."

    The same could be said of the God-awful, completely unprincipled opinions Justice Kennedy wrote in Casey, Lawrence, and Windsor. He grew up in Sacramento, and as a high school student once got to shake the hand of his hero, the then-Governor of California Earl Warren. Sometimes I think Kennedy imagines he's the reincarnation of Chief Justice Warren, arrogating to the Supreme Court the authority to right all sorts of social wrongs, something the Warren Court became famous (or infamous) for doing.

  8. #58
    Sage
    Hicup's Avatar
    Join Date
    Oct 2009
    Location
    Rochester, NY
    Last Seen
    12-07-17 @ 03:18 PM
    Gender
    Lean
    Very Conservative
    Posts
    7,846

    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by matchlight View Post
    Maybe the most biting thing Justice Scalia said in his dissenting opinion in Romer was this:


    "Today's opinion has no foundation in American constitutional law, and barely pretends to."

    The same could be said of the God-awful, completely unprincipled opinions Justice Kennedy wrote in Casey, Lawrence, and Windsor. He grew up in Sacramento, and as a high school student once got to shake the hand of his hero, the then-Governor of California Earl Warren. Sometimes I think Kennedy imagines he's the reincarnation of Chief Justice Warren, arrogating to the Supreme Court the authority to right all sorts of social wrongs, something the Warren Court became famous (or infamous) for doing.
    That's why it's called the Warren court.


    Tim-
    “When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.” - P. J. O’Rourke
    “Socialism is great until you run out of someone elses money” Margaret Thatcher

  9. #59
    cynical class clown
    Luftwaffe's Avatar
    Join Date
    May 2014
    Location
    CONNECTICUT
    Last Seen
    11-18-17 @ 10:49 PM
    Gender
    Lean
    Libertarian
    Posts
    10,499

    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Hicup View Post
    Correction, it will be legal in some places and not in others. Feldman's ruling was actually quite brilliant, and legally consistent with the precedent set before the courts. In fact one might argue that in order for those other 20 state courts to rule in favor of SSM, they ignored some very profound and institutional tenants of the judicial process. My guess is that in order for the USSC to overturn Feldman's decision it will have to revisit a great many other cases where Feldman's' reasoning was sacrosanct. Something I imagine they would be unwilling to do.

    What does someone's age have to do with interpreting constitutional law, unless you meant to say that young folks really aren't up to speed? You prefer feel goodie legal rulings over long standing legal principles, I expect?


    Tim-
    Don't care, it's going to get legalized
    -----MOS 19D = cavalry scout = best damn MOS there is

  10. #60
    Outer space potato man

    Join Date
    Feb 2010
    Last Seen
    Today @ 10:29 AM
    Gender
    Lean
    Undisclosed
    Posts
    51,777

    Re: Louisiana ruling breaks pro-gay marriage streak

    Quote Originally Posted by Hicup View Post
    It's not a slippery slope if asked to the plaintiffs and they cannot argue why their brand is different than any of those alternative brands; additionally, they could not avoid the eventual conclusion and admitted that those other alternatives were by and large exactly the same thing that their brand was asking for the courts to decide.. You just so very much wish it to be a logical fallacy that it burns in you.

    Tim-
    Again, the burden is not on proponents of same-sex marriage to justify a ban on polygamy. If there is no legitimate reason to ban polygamy, there's no legitimate reason to ban polygamy. This has no bearing on same-sex marriage any more than interracial marriage did. But fine, let's go with your slippery slope. Because you are unable to identify why your brand of marriage is different than same-sex marriage, we have to legalize same-sex marriage.
    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.

Page 6 of 8 FirstFirst ... 45678 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
  •