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re: New Orleans Federal Court hears same-sex marriage case today.

Posted on 6/25/14 at 1:14 pm to
Posted by petar
Miami
Member since May 2009
5989 posts
Posted on 6/25/14 at 1:14 pm to
Im not sure if you understand how this thing works. Windsor did not address state rights issues on whether they can ban same-sex marriage (atleast in the majority opinion).
Windsor did state that if there was not a substantial government interest for the federal government to not recognize state approved marriages than it is unconstitutional. they said the federal government has no substantial government interest.

Now moving forward on state-bans. Since we have the 14th amendment, State's have to also provide a substantial government interest to ban something. While they didn't say it directly, if the federal government can't constitutional ban something because they don't have a government interest, then i imagine it will be damn hard to prove a state has an interest in banning something.

quote:

biased, politicized and fearful judges

they have lifetime appointments for a reason... they are scared of shite. Federal Judges aren't (for the most part) scared of being overturned. there is basically no likelihood of being impeached unless they start willfully not following binding authority and certainly not for ruling on a new issue.

quote:

Part of the logical fallacy in Windsor is that Kennedy apparently looked into the soul of all the Congressman (the vast overwhelming majority of BOTH parties) and BILL CLINTON and claimed that they could only have voted for/signed DOMA out of spite and hate.

Is he ready to say that about ALL INDIVIDUAL VOTERS who went to the ballot box and voted to keep the same definition of marriage that has been on the books since this country was founded?

Although I think it's a joke, it's still one thing to say it about Congressmen who are going against the will of the people in different states, and then turning around and ACTUALLY going against the will of the people in the remaining states.


what the frick are you talking about?
I think you are saying that popular vote trumps the constitution in this country which is absolutely false unless you get an amendment.
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 6/25/14 at 1:16 pm to
quote:

what the frick are you talking about? I think you are saying that popular vote trumps the constitution in this country which is absolutely false unless you get an amendment.


Did you even read the Windsor opinion?

I know you're going to say you did, but we both know AND IT'S ABUNDANTLY CLEAR that you just read articles where certain pro-gay marriage authors "analyzed" it.
This post was edited on 6/25/14 at 1:17 pm
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