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News & Current Events Discuss Judge upholds right of states to ban gay marriage at the General Forum; Originally Posted by Revere You can't have it both ways. You can't say DOMA is unconstitutional because it forces states ...

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Old 07-09-2010, 10:16 PM
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Default Re: Judge upholds right of states to ban gay marriage

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Originally Posted by Revere View Post
You can't have it both ways. You can't say DOMA is unconstitutional because it forces states to accept a Federal definition of marriage, and then say you compel states who don't recognize it to do so in the name of Federal Full Faith and Credit.
They didn't say DOMA was unconstitutional...Only section 3...
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Old 07-09-2010, 10:25 PM
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Post Re: Judge upholds right of states to ban gay marriage

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In the wake of DOMA, it is only sexual orientation that differentiates a married couple entitled to federal marriage-based benefits from one not so entitled. And this court can conceive of no way in which such a difference might be relevant to the provision of the benefits at issue.

By premising eligibility for these benefits on marital status in the first instance, the federal government signals to this court that the relevant distinction to be drawn is between married individuals and unmarried individuals. To further divide the class of married individuals into those with spouses of the same sex and those with spouses of the opposite sex is to create a distinction without meaning. And where, as here, “there is no reason to believe that the disadvantaged class is different, in relevant respects” from a similarly situated class, this court may conclude that it is only irrational prejudice that motivates the challenged classification.

As irrational prejudice plainly never constitutes a legitimate government interest, this court must hold that Section 3 of DOMA as applied to Plaintiffs violates the equal protection principles embodied in the Fifth Amendment to the United States Constitution.
Breaking: Defense of Marriage Act (DOMA) Held Unconstitutional Above the Law: A Legal Tabloid - News, Gossip, and Colorful Commentary on Law Firms and the Legal Profession

I've been making this argument for years...

And what's truly interesting is how some states' DOMAs more clearly establish they are about plain irrational prejudice towards gays.

Nebraska better watch out!
(But that's probably years down the road... )
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Old 07-09-2010, 10:28 PM
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Default Re: Judge upholds right of states to ban gay marriage

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Originally Posted by foundit66 View Post
And what's truly interesting is how some states' DOMAs more clearly establish they are about plain irrational prejudice towards gays.
Nature has prejudice against gays. It's not irrational. it just is.
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Old 07-09-2010, 11:13 PM
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Default Re: Judge upholds right of states to ban gay marriage

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Originally Posted by Revere View Post
The contract for gay marriage is illegal.
For the record, I much prefer the idea of civil unions for gays, since the word, "marriage," carries religious undertones; and most religions' holy books proscribe homosexuality.

That said, however, I really don't know how it can be "illegal" in those states that have legalized it...
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Old 07-09-2010, 11:34 PM
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Default Re: Judge upholds right of states to ban gay marriage

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Originally Posted by Revere View Post
Nature has prejudice against gays. It's not irrational. it just is.
That's just ridculous. Nature does not take sides. Homosexuality is natural.
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Old 07-10-2010, 01:39 AM
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Default Re: Judge upholds right of states to ban gay marriage

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Originally Posted by Revere View Post
Nature has prejudice against gays. It's not irrational. it just is.
They used to say that about Blacks. Their brains were smaller, they were closer to the ape than us...
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Old 07-10-2010, 05:03 AM
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Default Re: Judge upholds right of states to ban gay marriage

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Originally Posted by cnredd View Post
Fine by me...I ALWAYS stated this was a states' issue...

I agree with two exceptions: Federal employee benefits and Social Security benefits should be subject to the DOMA.

It is interesting that liberals will applaude this as a victory for the "gay agenda". Yet they do not feel that Roe v. Wade forcing all 50 states to allow abortion is a violation of the Tenth Amendment.
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Old 07-10-2010, 11:15 AM
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Post Re: Judge upholds right of states to ban gay marriage

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Originally Posted by Revere View Post
Nature has prejudice against gays. It's not irrational. it just is.
I am often amazed at comments like this which belong in a comedy sketch...

By the same mentality, I could say nature has prejudice against celibacy or masturbation or oral sex.

Or here's an even better one...
IT IS IRRELEVANT what a person believes "nature has a prejudice" against...
Whether or not OUR GOVERNMENT can share that prejudice in its policies is the issue at hand.


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Originally Posted by Mark Miller
That's just ridculous. Nature does not take sides. Homosexuality is natural.
Nature does have a propensity to produce an awful lot of homosexual animals ...
The Natural "Crime Against Nature": Homosexual Behaviors In Animals


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Originally Posted by pjohns
For the record, I much prefer the idea of civil unions for gays, since the word, "marriage," carries religious undertones; and most religions' holy books proscribe homosexuality.
For my opinion, I would accept civil unions as a viable alternative IF the right-wing would put it up as a real compromise.
Given their track record, there is no expectation from me that will happen.

Plus, if the opinions shift to where gay marriage is desired by the majority and THEN the right-wing wants to just have it be "civil unions", then the conservatives lost their chance...


Quote:
Originally Posted by 762nato
It is interesting that liberals will applaude this as a victory for the "gay agenda". Yet they do not feel that Roe v. Wade forcing all 50 states to allow abortion is a violation of the Tenth Amendment.
Okay
Show of hands.
How many people here don't know what the 14th amendment is and why it makes states honor people's rights?

What some conservatives don't seem to grasp is that the same mechanism at work in what you describe ALSO makes states protect people's civil rights like freedom of religion...
You want Roe v Wade "state's rights" to win out?
Then the domino of the federal constitution making states honor freedom of religion ALSO would fall...
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Old 07-10-2010, 11:32 AM
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Default Re: Judge upholds right of states to ban gay marriage

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Originally Posted by DISSident View Post
Let's hope so. Either we're all drinking from the same cup or we aren't.
Well, I certainly don't hope so.

In part, that is because of my lack of enthusiasm for the concept of gay marriage (which strikes me as a bit of an oxymoron; although I would not object to the concept of civil unions for gays who desire them).

And in part, it is also due to my deep fealty to the concept of states' rights. (The fact that states' rights have, in the past, been used in service to some very odious causes--say, slavery in the nineteenth century; and Jim Crow laws in the twentieth century--is indeed troubling to me; but this horrid misuse of states' rights cannot reasonably be used to attack the concept itself.)
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Old 07-10-2010, 11:44 AM
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Cool Re: Judge upholds right of states to ban gay marriage

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Originally Posted by Mark Miller View Post
That's just ridculous. Nature does not take sides. Homosexuality is natural.
Like Jesus' eunuchs born that way? Got a test for it?

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Originally Posted by 762nato View Post
Federal employee benefits and Social Security benefits should be subject to the DOMA.
As religion is all about the "one flesh" of marriage for the federal government to wage war against a State of Deseret solely based upon their definition of "Marriage," or be against Gay Marriages having federal benefits would be a violation of the First Amendment which contains the word "Congress" for a reason. Congress does though have power to "by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof" or to maybe to say how such marriage contracts cross state lines and whether States must give Gay marrages State benefits. That is why we have Senators, if States lose too many they lose "the effect thereof" that a minority of States may want. Also, a tyranny of nine appointed for life Platonic Republican Philosopher kings or justices can do just about anything they want with regard to making law if we the people let them.
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