View Poll Results: Gay marriage should be legal in America

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  • Yes

    49 35.00%
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    91 65.00%
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Thread: Gay marriage should be a constitutional right in America

  1. #51
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by Ockham View Post
    No, just use a different word.
    Why? If it walks like a duck and talks like a duck... why make up a new word to describe it?

    You have to have a better reason than the ones that have been promoted so far. Besides, people who get married aren't going to listen to you. You can't make it illegal for them to call themselves married if they want to, and then what do you do?

  2. #52
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by walk-in View Post
    The US Supreme Court has also specifically said that state laws regarding same-sex marriage do not implicate any justiciable federal issues. See Baker v. Nelson. The Court's dismissal of the challenge to a state law prohibiting same-sex marriage constituted a ruling on the merits, and as such should have been the controlling precedent in the California case. Judge Walker took it upon himself to disregard the Court's guidance.
    As for your statement that the Court has declared marriage to be a right, I assume you are referring to Loving v. Virginia. The ruling in that case was based upon Virginia's use of a suspect classification (race) to determine eligibility for marriage. That is not the case here. No federal court has ever found sexual orientation to be a suspect classification. I believe that only 2 states (California and Hawaii) have done so. The issue is discussed in greater depth here.
    Don't get me wrong, here. I'm not commenting on the morality of gay marriage or whether a ban is good or bad public policy. My point is simply that not everything is, can, or should be addressed either at the federal level or through the Constitution. I personally do not care one way or the other what the law is in California. I don't live there and it is no concern of mine. What I do care about is the erosion of our federal system which results in national policies regarding matters which should be left to the states.
    Walker took it upon himself based on decisions that SCOTUS has made since Baker v. Nelson.
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  3. #53
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by RightOfCenter View Post
    Walker took it upon himself based on decisions that SCOTUS has made since Baker v. Nelson.
    No Supreme Court decision since Baker v. Nelson has directly addressed the issue of state prohibition of same-sex marriage. That is the point. It has been suggested that Lawrence v. Texas may signal a shift in the Court's opinion regarding the appropriate legal status of same-sex relationships, but the Court chose not to address the issue in that case and limited itself to the ruling on state regulation of sexual conduct. I would say that it is not inconceivable to think that the Court could both prohibit state criminalization of sodomy and affirm the states' right to regulate the legal status accorded to personal relationships. The distinction here is between private interactions between consenting adults and societal recognition of a legal relationship with its attendant public rights and responsibilities.
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  4. #54
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    Re: Gay marriage should be a constitutional right in America

    Posted this in another thread, but is no less funnier/sometimes true here:

    Tips for Gay Men on How to Avoid Gay Marriage
    "We’re going to close the unproductive tax loopholes that allow some of the truly wealthy to avoid paying their fair share. In theory, some of those loopholes were understandable, but in practice they sometimes made it possible for millionaires to pay nothing, while a bus driver was paying ten percent of his salary, and that’s crazy." -Reagan

  5. #55
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by walk-in View Post
    The US Supreme Court has also specifically said that state laws regarding same-sex marriage do not implicate any justiciable federal issues. See Baker v. Nelson. The Court's dismissal of the challenge to a state law prohibiting same-sex marriage constituted a ruling on the merits, and as such should have been the controlling precedent in the California case. Judge Walker took it upon himself to disregard the Court's guidance.
    As for your statement that the Court has declared marriage to be a right, I assume you are referring to Loving v. Virginia. The ruling in that case was based upon Virginia's use of a suspect classification (race) to determine eligibility for marriage. That is not the case here. No federal court has ever found sexual orientation to be a suspect classification. I believe that only 2 states (California and Hawaii) have done so. The issue is discussed in greater depth here.
    Don't get me wrong, here. I'm not commenting on the morality of gay marriage or whether a ban is good or bad public policy. My point is simply that not everything is, can, or should be addressed either at the federal level or through the Constitution. I personally do not care one way or the other what the law is in California. I don't live there and it is no concern of mine. What I do care about is the erosion of our federal system which results in national policies regarding matters which should be left to the states.
    Sexual orientation is irrelevant. Gender is. And it's blatant gender discrimination.

  6. #56
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by rivrrat View Post
    Sexual orientation is irrelevant. Gender is. And it's blatant gender discrimination.
    I figured that would be the winning argument from Walker's ruling.

  7. #57
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by Groucho View Post
    Why? If it walks like a duck and talks like a duck...




    ...... we have at least to consider the possibility that we have a small aquatic bird of the family Anatidae on our hands.
    "you're better off on Stormfront discussing how evil brown men are taking innocent white flowers." Infinite Chaos

  8. #58
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by BDBoop View Post
    All in favor, all opposed. I'm not putting any other options. Don't vote if you can't choose one or the other.
    The question is unclear.

    The title of the thread relates to gay marriage being a Constitutional right. So I voted no.

    But I voted too soon, and then saw that the poll just asked if it should be legal. To this I would have replied "yes".

    I'm not really sure which question you intended to be answered.

  9. #59
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by BDBoop View Post
    All in favor, all opposed. I'm not putting any other options. Don't vote if you can't choose one or the other.
    Heterosexual marriage isn't a Constitutional right... but there is nothing that opposes it either, and there shouldn't be for homosexual marriage either.
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    Re: Gay marriage should be a constitutional right in America

    I got in a fight with the edit option.

    Quote Originally Posted by Dav View Post
    The question is unclear.

    The title of the thread relates to gay marriage being a Constitutional right. So I voted no.

    But I voted too soon, and then saw that the poll just asked if it should be legal. To this I would have replied "yes".

    I'm not really sure which question you intended to be answered.

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