RE: Judge rules California's ban on same-sex marriage is unconstitutional (Full Version)

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Hillwilliam -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 6:39:08 AM)

I'm gonna play Devil's advocate to those hardcore Right wingers that are waiting for Beck and Rush to tell them what to say on here *wink*

A decent sized portion of the scientific comunity has found evidence of a genetic component that determines one's orientation.
For centuries, those who are gay have tended to enter into heterosexual relationships because of public pressure (nothing like a stake and a big pile of kindling on the town square to make you change your tune about who you want to boink)
This has led to the "gay gene" (if there actually is one) being passed generation to generation.

Enter the 21st century.  Gays may marry each other and actually be happy and live fullfilling lives.  One difference, though, the likelihood of a gay couple having a natural born child is kinda astronomical wouldn't you say?

So, right wingers, I say this to you.  Dont just allow gay folks to get married.  Freakin ENCOURAGE then.  That way (if the genetic component is true) that allele will become LESS common in the general population and, in 10 generations or so,  there will be an even BIGGER percentage of straight people that can get all sweaty and excited over ancient recordings of Glen and Rush.



flcouple2009 -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 6:40:27 AM)

quote:

ORIGINAL: LadyEllen

quote:

ORIGINAL: subrob1967

So everyone is happy that one person can overrule the will of the majority of voters?

The pendulum swings both ways, my friends.


No. I think everyone is happy because the Constitution can overrule the will of a majority of voters.

Which is kind of the way I thought things were meant to work over there.

E


Sadly many only wish it to work that way when it supports their view.



vincentML -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 7:07:17 AM)


quote:

ORIGINAL: BoiJen

quote:

ORIGINAL: subrob1967

So everyone is happy that one person can overrule the will of the majority of voters?

The pendulum swings both ways, my friends.


Our Constitution guarantees the rights of the minority in the face of oppression or discrimination from the majority. Our Constitution (in a not so legal term) overrides ANY law created by a majority when it it's in direct conflict with the Constitution. Our Constitution guarantees "liberty" for all and in some kinda related document there's some phrases like "inalienable rights", "pursuit of happiness", and "all men created equal".

This judge wasn't "smashing" the majority vote, he was upholding the Constitution. What's your objection here?

boi



Exactly. The main issue is the Equal Protection Clause of the 14th Amendment. The State does not have the right to tell a person who he/she may marry unless the State has an overriding interest such as the protection of minors or animals. As has been cited often, as late as 1967 or so some 37 States prohibited mixed race marriages and now we look back at that as archaic.

A secondary issue but I'm not sure it is a legal issue is the imposition of morality by the Majority upon a minority.



Owner59 -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 7:17:09 AM)

I would have titled the thread....


Federal Court Reafirms 14th Amendment


Because that is what the court did.



DomKen -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 7:17:58 AM)


quote:

ORIGINAL: subrob1967

So everyone is happy that one person can overrule the will of the majority of voters?

The pendulum swings both ways, my friends.

The will of the majority must bend before the rights of the minority. That's why we have a Constitution.



EbonyWood -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 7:21:22 AM)

quote:

ORIGINAL: Moonhead


quote:

ORIGINAL: pahunkboy
The gay crowd tho wants to have it both ways.   Have a husband and whore around in the parks- it is contradictory- one should not think with the cock.  More to life then getting off.


I'm detecting a certain bitterness here...



Ya think?



juliaoceania -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 8:01:27 AM)


quote:

ORIGINAL: Owner59

I would have titled the thread....


Federal Court Reafirms 14th Amendment


Because that is what the court did.


This



ElizabethAnne -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 8:38:00 AM)

Exactly.   What business does the government have in our personal lives, marriage should be a civil document, get the religious views legally out of it, it should be a person's choice whether they choose to have a religious ceremony, or not.  I hope Prop 8 is the beginning of the end of archaic views of marriage.    

Now I have a question for all the Obama supporters - where does HE stand on same sex marriage?  :) 



juliaoceania -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 8:55:45 AM)

quote:

Now I have a question for all the Obama supporters - where does HE stand on same sex marriage?  :) 


I am not exactly an Obama supporter, but considering no one running for president last time around was for gay marriage, did we have any better option than Obama?

John McCain was against repealing Don't ask Don't tell... Obama supports ending it, so he had the better stance on freedom of the gay community.

I would suspect that Obama will be supportive of this ruling...



tazzygirl -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 9:12:19 AM)


quote:

ORIGINAL: ElizabethAnne

Exactly.   What business does the government have in our personal lives, marriage should be a civil document, get the religious views legally out of it, it should be a person's choice whether they choose to have a religious ceremony, or not.  I hope Prop 8 is the beginning of the end of archaic views of marriage.    

Now I have a question for all the Obama supporters - where does HE stand on same sex marriage?  :) 


http://lesbianlife.about.com/od/lesbianactivism/p/BarackObama.htm

The above link discusses his views concerning many aspects of gay and lesbian rights.



ElizabethAnne -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 10:10:53 AM)

Tazzy,

I ran across this article:

http://news.yahoo.com/s/politico/40683


Looks like to me he'll have to get one side of the fence or the other. 

Elizabeth



tazzygirl -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 10:17:05 AM)

I personally feel this is a Supreme Court issue if its being said the ban is uncontitutional. Its time the SC got off the side lines and started addressing some of today's bigger issues.



juliaoceania -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 11:02:33 AM)


quote:

ORIGINAL: ElizabethAnne

Tazzy,

I ran across this article:

http://news.yahoo.com/s/politico/40683


Looks like to me he'll have to get one side of the fence or the other. 

Elizabeth



As president Obama is sworn to uphold the constitution. If the supreme court rules that gay marriage is supported under the 14th amendment, I am sure Obama will support it, so what is the issue here?



subrob1967 -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 11:04:51 AM)

quote:

ORIGINAL: flcouple2009
Sadly many only wish it to work that way when it supports their view.


It's a real shame some jump to conclusions about another's view...As mine is clearly posted on previous gay marriage threads as being all for allowing homosexuals to marry and be happy.

My problem stems from a federal judge trumping state's rights and laws. But like I said it's just a matter of time until the pendulum swings to the right, and some conservative federal judge will trump say for instance, California's marijuana laws.



Owner59 -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 11:20:37 AM)

The ruling


A very compelling read.





kdsub -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 11:50:42 AM)

That is the courts job...protect the minority from the majority when constitutional rights are involved... He is doing a good job despite the majority view in California... Good for him. These laws need to be bumped to the Supreme Court and stop this 18thcentury silliness

Butch



willbeurdaddy -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 12:48:13 PM)

quote:

ORIGINAL: kdsub

That is the courts job...protect the minority from the majority when constitutional rights are involved


No that isnt the SCOTUS' job. Their job is to interpret the Constiutionality of laws regardless of who's rights are perceived by the litigants as being trampled on. The majority has rights too, you know.



thompsonx -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 12:50:59 PM)


quote:

ORIGINAL: willbeurdaddy

quote:

ORIGINAL: kdsub

That is the courts job...protect the minority from the majority when constitutional rights are involved


No that isnt the SCOTUS' job. Their job is to interpret the Constiutionality of laws regardless of who's rights are perceived by the litigants as being trampled on. The majority has rights too, you know.



We all fully support your right to self imposed ignorance



slvemike4u -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 1:01:03 PM)

quote:

ORIGINAL: DomKen


quote:

ORIGINAL: subrob1967

So everyone is happy that one person can overrule the will of the majority of voters?

The pendulum swings both ways, my friends.

The will of the majority must bend before the rights of the minority. That's why we have a Constitution.
One would assume that given enough posts sooner or later one would stumble across some issue where thoughts would intersect.
In subrobs case.....one would be wrong.
All I can say is the man makes a perfect weathervane....allow me one peek on where he stands on any given subject....and I  can save myself the trouble of readin?educating myself on said subject.
Just go the other way....ya can't go wrong!



slvemike4u -> RE: Judge rules California's ban on same-sex marriage is unconstitutional (8/5/2010 1:03:49 PM)

quote:

ORIGINAL: willbeurdaddy

quote:

ORIGINAL: kdsub

That is the courts job...protect the minority from the majority when constitutional rights are involved


No that isnt the SCOTUS' job. Their job is to interpret the Constiutionality of laws regardless of who's rights are perceived by the litigants as being trampled on. The majority has rights too, you know.
And it's your position that one of the "majority's" rights is to be allowed to trample on the rights of others?
As long as it's a majority?
Really?Thats what you're going with?



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