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re: U.S. District Judge says Toddy can't get married in Louisiana

Posted on 9/4/14 at 2:02 am to
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 9/4/14 at 2:02 am to
quote:


What couldn't happen was white men couldn't marry black women (and vice versa) and black men couldn't marry white women (and vice versa). What was important there was that the same right was being altered based on race (a protected class) - not "same gendered" status (a redefinition of marriage).


This isn't even a right being denied to gays or lesbians - this is about their attempt to redefine what constitutes a marriage (which should rightfully be left to the states).




Bingo!


Although put in simple terms, the best "Constitutional analysis" yet on this board.
Posted by joeleblanc
Member since Jan 2012
4114 posts
Posted on 9/4/14 at 7:16 am to
quote:

This isn't even a right being denied to gays or lesbians - this is about their attempt to redefine what constitutes a marriage


What rights? Its a choice!

+1
Posted by DawgfaninCa
San Francisco, California
Member since Sep 2012
20092 posts
Posted on 9/4/14 at 8:16 am to
quote:


But if he had went the other way...


It's "if he had gone..." not "if he had went..." you fricking libtard!

Learn to use proper English and at least you won't appear to be stupid.
Posted by JEAUXBLEAUX
Bayonne, NJ
Member since May 2006
55358 posts
Posted on 9/4/14 at 8:18 am to
Only in Louisiana does he dark ages reign supreme. let's keep it a laughing stock. Funny how libertarians want gov out of peoples lives but right here they are having gov deny people the right to marry that many states have. Make it a federal law!
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 9/4/14 at 8:26 am to
Louisiana isn't winning any recognition awards


quote:

New Jersey is a highly regulated state all-around, scoring near the bottom of the pack in both personal and economic freedom, but after significant deterioration in 2007—8 the state bounced back somewhat in 2009—10.

Taxes are very high in New Jersey, at 11.2 per- cent of income, but government consumption plus subsidies is below average at 10.4 percent of income. Debt is also high, at 22.1 percent of income.

On economic regulation, New Jersey’s most significant flaw is real property rights. Indeed, New Jersey’s abysmal score on real property rights protection contributes twice as much to its negative overall freedom score as its entire personal freedom score. Local zoning laws are extremely strict, rent control is authorized, eminent domain has scarcely been reformed, and private malls and homeowners’ associations must allow political speech on their property. Labor laws are predictably costly, with a strict workers’ compensation mandate, short-term disability and paid family leave programs, a “smoker protection” law in employment, and of course no right-to-work law. Occupational licensing is ranked worse than average, and there is extensive community rating for private health insurance. The state also scores poorly on the regulation of other insurance, although rate classification prohibitions were apparently removed during 2009—10.

New Jersey’s gun control laws are among the most restrictive in the country, not surprisingly given the state’s ideology. Its marijuana laws are not as liberal as one might expect from a left-leaning state, although a fairly restrictive medical marijuana law was enacted in 2010. New Jersey is ranked as the very worst state for travel freedom, with primary seat belt enforcement, motorcycle and bicycle helmet laws, a cell phone driving ban with primary enforcement, a federally compliant open container law, sobriety checkpoints, and mandatory underinsured motorist coverage for drivers. Fireworks and raw milk are prohibited. Cigarette taxes are high, and smoking bans are as draconian as any in the country. On the positive side, home and private schools are hardly regulated at all. Same-sex partnerships are also recognized. Alcohol is not very regulated, although there is a “happy hour” ban. The state’s crime adjusted incarceration rate is fairly low.



Net Migration Rate: -5.6%
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123921 posts
Posted on 9/4/14 at 9:10 am to
quote:

Only in Louisiana does he dark ages reign supreme
Correction.

Only in Louisiana?
No.

Only in Virginia, Utah, Oklahoma, and a litany of other states including your own New Jersey, California, etc. where attempts to legislate toward traditional marriage were attempted (just as in Louisiana's case) but failed.

The difference in Louisiana's case is that law was apparently written in a way so as to be upheld by a US Judge. How does that single out Louisiana as somehow being "Dark Ages"?

This post was edited on 9/4/14 at 9:13 am
Posted by Vegas Bengal
Member since Feb 2008
26344 posts
Posted on 9/4/14 at 9:46 am to
quote:

What couldn't happen was white men couldn't marry black women (and vice versa) and black men couldn't marry white women (and vice versa). What was important there was that the same right was being altered based on race (a protected class) - not "same gendered" status (a redefinition of marriage).


You are half right. Let me correct you.

All races could marry within their race but not into another race. Any law re race discrimination is subject to strict scrutiny and the Va law didn't pass the test.

Now any member of one sex can marry someone of the opposite sex but not someone of the same sex. That's sex based discrimination and is subject to intermediate scrutiny. That's a lower level than strict but higher than the rational basis test.

Some decisions have found discrimination based on sexual orientation which is the lowest level, rational basis, and these laws do not pass even this lowest level, citing the Lawrence and a Romer cases.

Posted by JEAUXBLEAUX
Bayonne, NJ
Member since May 2006
55358 posts
Posted on 9/4/14 at 9:52 am to
Oh no NJ is right there with them. All because our beloved Governor will not so what the people want because he has his head up some right wingers butt in Iowa or Texas so he can run for President. he refuses to allow real gun control because he is a tool of the conservative wing for 2016.

Taxes are too high but gas tax nice and low. But he has become a lackey of the rich and out of state interests.
Posted by Vegas Bengal
Member since Feb 2008
26344 posts
Posted on 9/4/14 at 9:53 am to
quote:

Only in Virginia, Utah, Oklahoma, and a litany of other states including your own New Jersey, California, etc. where attempts to legislate toward traditional marriage were attempted (just as in Louisiana's case) but failed.

No. There was never an attempt to pass a law allowing same sex marriage in Louisiana. Our legislature, in reaction to the Rovian "they're coming to get ya" reptilian brain scare of rednecks to get them to the polls, put the con amendment on the ballot to bar same sex marriages, which were already statutorily illegal in this state.

This happened across the country. Scare tactics to get conservatives to the polls. Now it's biting them in their asses. (Insert joke here)
Posted by Toddy
Atlanta
Member since Jul 2010
27250 posts
Posted on 9/4/14 at 10:32 am to
quote:

Today I learned judges are supposed to make decisions on future feelings of societical norms rather than legal argument today.



Part of Feldman's reasoning with siding with discrimination was that if gays weren't treated like second class citizens then it opens the possibility for legalized incest. Anyone that believes that kind of bs is not fit to be a traffic court judge much less a federal district judge.
Posted by DawgfaninCa
San Francisco, California
Member since Sep 2012
20092 posts
Posted on 9/4/14 at 10:42 am to
quote:



Part of Feldman's reasoning with siding with discrimination was that if gays weren't treated like second class citizens then it opens the possibility for legalized incest. Anyone that believes that kind of bs is not fit to be a traffic court judge much less a federal district judge.


You're BS.

If same sex marriage is allowed then for the same reasons (they love each other, benefits) a parent should be allowed to marry their consenting adult child especially if they are the same sex since there will be no future offspring.
Posted by DawgfaninCa
San Francisco, California
Member since Sep 2012
20092 posts
Posted on 9/4/14 at 10:52 am to
quote:

Some decisions have found discrimination based on sexual orientation which is the lowest level, rational basis, and these laws do not pass even this lowest level, citing the Lawrence and a Romer cases.


Please cite one case where the Court ruled a ban on same sex marriage was unconstitutional when the Court used the lowest level of scrutiny, rational basis,
Posted by The Cow Goes Moo Moo
Bucktown
Member since Nov 2012
3505 posts
Posted on 9/4/14 at 11:01 am to
quote:

You should worry about the sad sad legacy you are leaving for your children and grandchildren


Gays can't procreate so no worry there.
Posted by DawgfaninCa
San Francisco, California
Member since Sep 2012
20092 posts
Posted on 9/4/14 at 11:10 am to
quote:

You should worry about the sad sad legacy you are leaving for your children and grandchildren


quote:


Gays can't procreate so no worry there.


The point I was making, which I thought was obvious, was since homosexual sex can't result in offspring then the sad sad legacy Toddy is leaving his children and grandchildren is that they will never exist.

Posted by udtiger
Over your left shoulder
Member since Nov 2006
98814 posts
Posted on 9/4/14 at 11:11 am to
quote:

Anyone that believes that kind of bs is not fit to be a traffic court judge much less a federal district judge.




Just like gays said that anyone who thought Lawrence would result in legalized gay marriage (like Scalia warned in his dissent) were morons?

I'd tell you to eat a dick, but that would not have the same punch it normally should.
Posted by Vegas Bengal
Member since Feb 2008
26344 posts
Posted on 9/4/14 at 12:06 pm to
quote:

The point I was making, which I thought was obvious, was since homosexual sex can't result in offspring then the sad sad legacy Toddy is leaving his children and grandchildren is that they will never exist.


We gays are quite capable of producing children. All it takes is a good magazine, a turkey baster and a willing host. I'm friends with three gay couples who have had children this way.
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 9/4/14 at 12:15 pm to
quote:

We gays


you sound so desperate to be a part of anything. I actually doubt if you're the genuine article.
Posted by Vegas Bengal
Member since Feb 2008
26344 posts
Posted on 9/4/14 at 12:16 pm to
quote:


Please cite one case where the Court ruled a ban on same sex marriage was unconstitutional when the Court used the lowest level of scrutiny, rational basis,


Perry, the Prop 8 case. The court found the CA law fails all three levels. IOW, even if you do not believe the two higher levels of scrutiny do no apply or that the law passes those tests, it fails on the lowest level, the rational basis test:

quote:

Proposition 8 fails to advance any rational basis insingling out gay men and lesbians for denial of a marriage license.
Posted by Vegas Bengal
Member since Feb 2008
26344 posts
Posted on 9/4/14 at 12:23 pm to
quote:

you sound so desperate to be a part of anything. I actually doubt if you're the genuine article.


Would you like to test me? Perhaps ask me the names of all the Real Housewives of every franchise, past and present?

My favorite to win this season's Project Runway?

Tell you everything you never wanted to know about Bianca Del Rio, a friend of mine?



Posted by NC_Tigah
Carolinas
Member since Sep 2003
123921 posts
Posted on 9/4/14 at 12:39 pm to
quote:

All races could marry within their race but not into another race. Any law re race discrimination is subject to strict scrutiny and the Va law didn't pass the test.

Now any member of one sex can marry someone of the opposite sex but not someone of the same sex.
Vegas, come on!
Comparing those two?
You had to know you were going to get called on that.
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