View Poll Results: Is traditional marriage a Constitutional right?

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  • yes

    11 52.38%
  • no

    10 47.62%
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Thread: traditional marriage

  1. #21
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    Re: traditional marriage

    Quote Originally Posted by AlbqOwl View Post
    The federal courts should intervene only upon appeal to rule on the extent of the intent and application of the existing law of the state. The court should not be able to rewrite that law or amend it or establish the law it thinks should exist. If a law is ruled unconstitutional, there must be clear and explicit language as to why the existing law violates the existing language and intent of the Constitution and not what the Court thinks the Constitution should say. The Court should always defines the intent and letter of the law that applies.
    To qoute cheif justice Charles Evans Hughes

    We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our property and our liberty and our property under the Constitution.
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  2. #22
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    Re: traditional marriage

    I'm for traditional marriage. You know, a thousand wives and a few hundred concubines. As shown in the Bible.

  3. #23
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    Re: traditional marriage

    Quote Originally Posted by Unitedwestand13 View Post
    To qoute cheif justice Charles Evans Hughes
    I'm pretty sure that Justice Hughes would NOT have condoned the most recent SCOTUS ruling, not because of his personal views on SSM but because it would not have seen it as within the jurisdiction of the Court. He opposed FDR's court packing scheme and though he supported some of the New Deal, he also opposed much of the regulatory authority included in it as unconstitutional and taking the place of the authority of the courts. He had a pretty good sense of the separation of powers and what the role of each branch of government was intended to be.

    I've always wondered how our destiny might have been changed had he won the election against Woodrow Wilson in 1916.

    But Hughes almost certainly would have been among the dissent had the SSM issue come up before the court when he was Chief Justice.
    "I think the best way of doing good to the poor, is not making them easy in poverty, but leading or driving them out of it." --Benjamin Franklin 1776

  4. #24
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    Re: traditional marriage

    Quote Originally Posted by AlbqOwl View Post
    I'm pretty sure that Justice Hughes would NOT have condoned the most recent SCOTUS ruling, not because of his personal views on SSM but because it would not have seen it as within the jurisdiction of the Court. He opposed FDR's court packing scheme and though he supported some of the New Deal, he also opposed much of the regulatory authority included in it as unconstitutional and taking the place of the authority of the courts. He had a pretty good sense of the separation of powers and what the role of each branch of government was intended to be.

    I've always wondered how our destiny might have been changed had he won the election against Woodrow Wilson in 1916.

    But Hughes almost certainly would have been among the dissent had the SSM issue come up before the court when he was Chief Justice.
    Perhaps...

    But the legal precedent that was followed in the same-sex marriage decision was established in the case loving v. Virginia, under the Warren court.
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    Re: traditional marriage

    Quote Originally Posted by Fearandloathing View Post
    How long a list have we in what is not specifically mentioned in the constitution?
    "The Ninth Amendment (Amendment IX) to the United States Constitution, which is part of the Bill of Rights, addresses rights, retained by the people, that are not specifically enumerated in the Constitution.' " - google


    Government got involved in marriage in the late middle ages when kings started using it to be bigger kings. It became written law when money became involved.

    It has always been the church who tried to control who would marry.

    If you take away the assets and money equation of marriage, government is irrelevant
    Gays want the right to legally marry so they can enjoy the same government benefits that heterosexual couples enjoy (tax credits, inheritance, etc.) Having their marriage officiated by a pastor or clergy would still depend on religious freedom. The law can't force pastors to marry SS couples, but they do have to recognize legal SS marriage. At least that's how I understand it.

  6. #26
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    Re: traditional marriage

    Quote Originally Posted by Moot View Post

    Gays want the right to legally marry so they can enjoy the same government benefits that heterosexual couples enjoy (tax credits, inheritance, etc.) Having their marriage officiated by a pastor or clergy would still depend on religious freedom. The law can't force pastors to marry SS couples, but they do have to recognize legal SS marriage. At least that's how I understand it.
    Maybe some do but when the concept of a civil union, even when that principle would be applied to all couples, was brought up it was deemed "unequal".

  7. #27
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    Re: traditional marriage

    Quote Originally Posted by Unitedwestand13 View Post
    Perhaps...

    But the legal precedent that was followed in the same-sex marriage decision was established in the case loving v. Virginia, under the Warren court.
    Those who fought for, forged, and ratified the U.S. Constitution did not intend for the federal government to have ANY jurisdiction on how the states would organize their societies or how the people would be required to live their lives. They certainly did not intend that ANY federal court have ANY jurisdiction on the marriage laws or customs in any state. And legal precedent can be just as corrupt as any new laws the courts illegally take upon themselves to establish. The courts were intended to interpret and rule on existing law period.
    "I think the best way of doing good to the poor, is not making them easy in poverty, but leading or driving them out of it." --Benjamin Franklin 1776

  8. #28
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    Re: traditional marriage

    Quote Originally Posted by Lutherf View Post
    Maybe some do but when the concept of a civil union, even when that principle would be applied to all couples, was brought up it was deemed "unequal".
    I'm not disagreeing, but how would a civil union be deemed unequal?

  9. #29
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    Re: traditional marriage

    Quote Originally Posted by Moot View Post
    I'm not disagreeing, but how would a civil union be deemed unequal?
    LOL!!

    Just look at the threads on the subject. Here's a case where I presented the subject - http://www.debatepolitics.com/genera...post1064496636
    You can see for yourself how it worked out.

  10. #30
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    Re: traditional marriage

    Quote Originally Posted by AlbqOwl View Post
    Those who fought for, forged, and ratified the U.S. Constitution did not intend for the federal government to have ANY jurisdiction on how the states would organize their societies or how the people would be required to live their lives. They certainly did not intend that ANY federal court have ANY jurisdiction on the marriage laws or customs in any state. And legal precedent can be just as corrupt as any new laws the courts illegally take upon themselves to establish. The courts were intended to interpret and rule on existing law period.
    Does the supremacy ring any bells?

    Federal law
    |
    |
    V
    State law

    Or does the ruling in McCulloch v. Maryland also not ring any bells for you?
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