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2
Posted on 1/15/14 at 5:57 pm to ballscaster
While I'm on your side of this debate...those cases never addressed the definition of marriage. Which is at the heart of the issue. I would think equal protection amongst gender would be the better constitutional argument.
Posted on 1/15/14 at 6:25 pm to BBONDS25
quote:Not needed the way I see it. All 50 states recognize same-sex marriages (if you're legally married in one state, you're recognized as married in the other 49 states); the rub is that not all 50 issue the marriages that they recognize from other states. Regardless of the actual definition of marriage--which, by the way, does not exclude the same-sex variety--there is an inherent inconsistency if not hypocrisy here.
those cases never addressed the definition of marriage.
quote:I'm listening, if you'd like to explain further (your take here sounds very similar to mine).
I would think equal protection amongst gender would be the better constitutional argument.
This post was edited on 1/15/14 at 6:26 pm
Posted on 1/15/14 at 8:32 pm to CITWTT
Has the popular vote ever passed in any state? I thought they abandoned that plan when the mothership (CA) even voted it down.
Posted on 1/15/14 at 8:33 pm to JEAUXBLEAUX
quote:Yes. I couldn't care less about it though.
Not whether it should or not but will it?
Posted on 1/15/14 at 8:39 pm to Tigerstudent08
quote:
Has the popular vote ever passed in any state?
Yes. It passed in every state where it was on the ballot in November of 2012. Maryland, Maine, Minnesota, and Washington.
This post was edited on 1/15/14 at 8:56 pm
Posted on 1/15/14 at 9:17 pm to ballscaster
quote:
All 50 states recognize same-sex marriages (if you're legally married in one state, you're recognized as married in the other 49 states);
No and esp not in Louisiana:
Texts :
Louisiana Constitution, Article XII, section 15. Defense of Marriage
Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman.
Louisiana Civil code
Article 89. Impediment of same sex
Persons of the same sex may not contract marriage with each other. A purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code.
Article 96. Civil effects of absolutely null marriage; putative marriage
§4. A purported marriage between parties of the same sex does not produce any civil effects.
Article 3520. Marriage (Title II of Book IV of the Civil Code)
A. A marriage that is valid in the state where contracted, or in the state where the parties were first domiciled as husband and wife, shall be treated as a valid marriage unless to do so would violate a strong public policy of the state whose law is applicable to the particular issue under Article 3519.
B. A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana and such a marriage contracted in another state shall not be recognized in this state for any purpose, including the assertion of any right or claim as a result of the purported marriage.
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.
Posted on 1/15/14 at 9:20 pm to BBONDS25
quote:
I would think equal protection amongst gender would be the better constitutional argument.
Certainly a good argument and that's made in all challenges.
1st on fundamental rights strict scrutiny.
2nd on gender EP
3rd on rational basis.
The CA case found it unconstitutional on all levels.
Posted on 1/15/14 at 9:25 pm to Toddy
Very impressive. Thanks for the info toddy
Posted on 1/15/14 at 9:26 pm to ballscaster
quote:
All 50 states recognize same-sex marriages (if you're legally married in one state, you're recognized as married in the other 49 states
No they don't. A few states without same sex marriage such as Oregon recognize same sex marriages performed in states where it's legal. All of the states with constitutional bans do not recognize same sex marriages performed in other states. That's why Section 3 of DOMA must be struck down. Now the federal government recognizes all same sex marriages including those who got married in states where it's legal but live in states that don't recognize them.
Posted on 1/16/14 at 7:01 am to Toddy
Toddy what will be the next horrific injustice in the Gay Agenda?
Posted on 1/16/14 at 7:21 am to Jbird
eventual nationwide mandate. Possibly by the time we are all old, but I think it will happen. A new legal specialty will be born, "Same Sex Divorce Lawyer." Custody issues of children born during marriage for lesbians where one carried child and then for gay men who adopt.
Posted on 1/16/14 at 7:26 am to LSU alum wannabe
The correct answer IMO will be ENDA they will start the day after all fifty states accept gay marriage.
Posted on 1/16/14 at 7:27 am to LordSaintly
quote:
You're assuming that they will have a say in the matter.
Exactly, it will probably be imposed by a dictator in a black robe.
Posted on 1/16/14 at 9:04 am to ballscaster
Does the Constitution explicitly say in print that the Supremes are the final arbiters of all things? It doesn't a decision in a case called Marbury vs Madison led to that being the case.
Posted on 1/16/14 at 9:39 am to JEAUXBLEAUX
Will be legal in every state by 2025.
Posted on 1/16/14 at 10:31 am to CITWTT
quote:Doesn't matter. Marriage is a human right.
Does the Constitution explicitly say in print that the Supremes are the final arbiters of all things? It doesn't a decision in a case called Marbury vs Madison led to that being the case.
Posted on 1/16/14 at 10:37 am to ballscaster
Until last year marriage was defined as being between a man and a woman. (Under doma). That's why that fundamental right argument is flawed in my view. The fact a man can marry a woman and a woman cannot marry a woman, however, seems to violate equal protection
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