View Poll Results: Is Gay Marriage a Constitutional Right in the U.S.?

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  • Yes

    41 47.67%
  • No

    40 46.51%
  • Other/Don't know

    5 5.81%
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Thread: Is Gay Marriage a Constitutional Right in the U.S.?

  1. #261
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by bub View Post
    what if the majority supported gay marriage and gay sex? Would it be less repulsive to you?
    No. I would just be in the minority.

  2. #262
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Libs_Luv_Weakness View Post
    No. I would just be in the minority.
    And a law legalizing gay marriage would be OK then?

  3. #263
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by bub View Post
    And a law legalizing gay marriage would be OK then?
    If that law comes up for vote, and the people vote in favor of it, of course. I didn't fight for the will of the people not to be heard. I will continue to disagree with it, however.

  4. #264
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Libs_Luv_Weakness View Post
    If that law comes up for vote, and the people vote in favor of it, of course. I didn't fight for the will of the people not to be heard. I will continue to disagree with it, however.
    good!



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  5. #265
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Libs_Luv_Weakness View Post
    Haha, are you serious? You couldn't even defeat Prop 8 in the most liberal state in the union. Give me a break.
    Just as a side note... CA is not the most liberal state in the union. We've voted for Republican presidents about half of the time and Democrats about half of the time. We have a Republican governor. More people in CA voted for McCain than in any other state.

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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by teamosil View Post
    How about a compromise then? We allow the people who are gay to marry people of the same gender, but we let the people who are straight marry people who are of the opposite gender. That way nobody needs to be involved in anything they find repulsive. Win-win!
    How about a better compromise?

    While you're studying the Fourteenth Amendment we'll let the people marry whomever they want.

  7. #267
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Libs_Luv_Weakness View Post
    Gays can be together all they want. That does not mean they can redefine a millenias-old institution.
    Why not?

    People defined it in the first place, what difference does it make to you if two fairies want to get married?

  8. #268
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    The Loving ruling doesn't apply to gay marriage. Not because it's race vs Sexual orientation but because prior to Loving it was illegal for bi racial couples to marry. By illegal I mean, YOU WOULD BE ARRESTED AND JAILED. That is simply not the case now. I know of no state or federal statute that would jail a couple for being "married". Today's argument is about what benefits a couple will receive once they are "married". While I understand the debate about the Equal Protection clause because it does specifically state "privileges", the government defines the criteria to provide support to groups all the time. So how is this any different?
    Full faith and credit clause doesn't apply because states are allowed to have their own laws.
    From the ashes.

  9. #269
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Phoenix View Post
    The Loving ruling doesn't apply to gay marriage. Not because it's race vs Sexual orientation but because prior to Loving it was illegal for bi racial couples to marry. By illegal I mean, YOU WOULD BE ARRESTED AND JAILED.
    No. The decision in Loving v Virginia did not rest on whether people were being jailed or not, nor would it be legal now to simply refuse to issue marriage contracts to inter racial couples. They ruled that to deny people the right to marry who they wanted because of race was a violation of equal protection and due process. The conclusion of the decision:

    To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.

    FindLaw | Cases and Codes
    If they find either that sexual orientation is a protected class like race or they find that this is a case of gender discrimination, and they find that there is no overwhelming state interest in prohibiting gay marriage, then Loving aplies.

  10. #270
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by teamosil View Post
    No. The decision in Loving v Virginia did not rest on whether people were being jailed or not, nor would it be legal now to simply refuse to issue marriage contracts to inter racial couples. They ruled that to deny people the right to marry who they wanted because of race was a violation of equal protection and due process. The conclusion of the decision:

    If they find either that sexual orientation is a protected class like race or they find that this is a case of gender discrimination, and they find that there is no overwhelming state interest in prohibiting gay marriage, then Loving aplies.
    To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.
    If no one is being jailed for an action, they are not being deprived of their liberty.
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