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re: Judge strikes down Arizona's ban on gay marriage

Posted on 10/17/14 at 2:19 pm to
Posted by FT
REDACTED
Member since Oct 2003
26925 posts
Posted on 10/17/14 at 2:19 pm to
quote:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Posted by Green Chili Tiger
Lurking the Tin Foil Hat Board
Member since Jul 2009
47948 posts
Posted on 10/17/14 at 2:19 pm to
Posted by FT
REDACTED
Member since Oct 2003
26925 posts
Posted on 10/17/14 at 2:20 pm to
quote:

Are city gun bans unconstitutional in your opinion?
If I'm interpreting the Amendment completely literally? Yes.

But I'd also need to allow citizens to have nuclear weapons.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99799 posts
Posted on 10/17/14 at 2:22 pm to
quote:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


The drafters and ratifiers of that amendment meant for it to apply to gay marriage?

I'll change my mind if you can find ONE mention of that topic in the Congressional Record, or in any of the records of the state ratification committees.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99799 posts
Posted on 10/17/14 at 2:24 pm to
GCT...

You mean all 19 of those states, and DC affirmatively voted in favor of gay marriage?

OR

Was gay marriage imposed upon them by one person in a black robe sitting in a federal courthouse?
Posted by GumboPot
Member since Mar 2009
119500 posts
Posted on 10/17/14 at 2:25 pm to
quote:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;


Okay, I can see that. Because AZ made a law abridging the privileges...

But what about the states that don't make a law but simply define marriage between a man and a woman?

Is that different?
Posted by FT
REDACTED
Member since Oct 2003
26925 posts
Posted on 10/17/14 at 2:25 pm to
quote:

The drafters and ratifiers of that amendment meant for it to apply to gay marriage?
No, dumb arse. They meant for it to apply to the citizens of the United States of America.

quote:

I'll change my mind if you can find ONE mention of that topic in the Congressional Record, or in any of the records of the state ratification committees.
What does that have to do with anything?

By that standard, Congress would have to address an infinite number of topics each time a bill was passed or an amendment was voted on.
Posted by GumboPot
Member since Mar 2009
119500 posts
Posted on 10/17/14 at 2:28 pm to
quote:

If I'm interpreting the Amendment completely literally? Yes.



If you want to be intellectually and logically consistent the answer should be no. However judges invented the incorporation doctrine to rationalize the answer yes.

Posted by FT
REDACTED
Member since Oct 2003
26925 posts
Posted on 10/17/14 at 2:28 pm to
quote:

But what about the states that don't make a law but simply define marriage between a man and a woman?

Is that different?
quote:

nor deny to any person within its jurisdiction the equal protection of the laws.
I would think that would fall under this. The law protects the right to marry, period. Adding qualifiers or introducing definitions doesn't really help.
Posted by FT
REDACTED
Member since Oct 2003
26925 posts
Posted on 10/17/14 at 2:29 pm to
quote:

If you want to be intellectually and logically consistent the answer should be no. However judges invented the incorporation doctrine to rationalize the answer yes.
So you're saying city gun bans are constitutional?
Posted by CountryVolFan
Knoxville, TN
Member since Dec 2008
2972 posts
Posted on 10/17/14 at 2:30 pm to
quote:

Tyranny of the majority is at an end in the nation.


Remember that line when the wind changes it course.
Posted by FT
REDACTED
Member since Oct 2003
26925 posts
Posted on 10/17/14 at 2:31 pm to
quote:

Remember that line when the wind changes it course.
I don't think you just said what you think you just said.
Posted by LSURussian
Member since Feb 2005
127260 posts
Posted on 10/17/14 at 2:31 pm to
quote:

The law protects the right to marry, period.
What law does that? What right is it to marry? If someone doesn't find someone who will marry him, is he being deprived of his rights?
Posted by OleWar
Troy H. Middleton Library
Member since Mar 2008
5828 posts
Posted on 10/17/14 at 2:32 pm to
quote:

People for SODOMY do.


Fixed it for you.

Posted by FT
REDACTED
Member since Oct 2003
26925 posts
Posted on 10/17/14 at 2:32 pm to
quote:

What law does that? What right is it to marry? If someone doesn't find someone who will marry him, is he being deprived of his rights?
Don't be stupid.
Posted by GumboPot
Member since Mar 2009
119500 posts
Posted on 10/17/14 at 2:33 pm to
quote:

o you're saying city gun bans are constitutional?


Yes. I'm pretty sure the Bill of Rights starts out as "Congress shall make no law". The city is not congress nor is a state.
Posted by LSURussian
Member since Feb 2005
127260 posts
Posted on 10/17/14 at 2:33 pm to
quote:

What law does that? What right is it to marry? If someone doesn't find someone who will marry him, is he being deprived of his rights?

Don't be stupid.
Assume I'm stupid. Please answer my questions.
Posted by FT
REDACTED
Member since Oct 2003
26925 posts
Posted on 10/17/14 at 2:35 pm to
quote:

Yes. I'm pretty sure the Bill of Rights starts out as "Congress shall make no law". The city is not congress nor is a state.
The First Amendment starts that way. Not the entire Bill of Rights. The Second Amendment only says:

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

There is no qualifier; it simply says that the right to keep and bear arms shall not be infringed.
Posted by trackfan
Baton Rouge
Member since Sep 2010
19691 posts
Posted on 10/17/14 at 2:38 pm to
quote:


1.3 million Arizonians who voted for proposition 102 were just given the middle finger by one person.

The SCOTUS gave the entire U.S. Congress the middle finger when it struck down the Voting Rights Act renewal, which was passed with 100% support in the Senate and 95% support in the House, and was signed by W at a lavish Rose Garden ceremony with both Republican and Democratic leaders standing next to him.
Posted by FT
REDACTED
Member since Oct 2003
26925 posts
Posted on 10/17/14 at 2:40 pm to
quote:

Assume I'm stupid. Please answer my questions.
PART VII. COVENANT MARRIAGE
§272. Covenant marriage; intent; conditions to create
A. A covenant marriage is a marriage entered into by one male and one female who understand and agree that the marriage between them is a lifelong relationship. Parties to a covenant marriage have received counseling emphasizing the nature and purposes of marriage and the responsibilities thereto. Only when there has been a complete and total breach of the marital covenant commitment may the non-breaching party seek a declaration that the marriage is no longer legally recognized.
B. A man and woman may contract a covenant marriage by declaring their intent to do so on their application for a marriage license, as provided in R.S. 9:224(C), and executing a declaration of intent to contract a covenant marriage, as provided in R.S. 9:273. The application for a marriage license and the declaration of intent shall be filed with the official who issues the marriage license.
C. A covenant marriage terminates only for one of the causes enumerated in Civil Code Article 101. A covenant marriage may be terminated by divorce only upon one of the exclusive grounds enumerated in R.S. 9:307. A covenant marriage agreement may not be dissolved, rescinded, or otherwise terminated by the mutual consent of the spouses.
Acts 1997, No. 1380, §3; Acts 2006, No. 249, §1

We done here?

ETA:

Art. 3520. Marriage
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.
Acts 1991, No. 923, §1, eff. Jan. 1, 1992; Acts 1999, No. 890, §1.
This post was edited on 10/17/14 at 2:43 pm
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