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re: Respect for Marriage Act passes House (258 to 169) - now heads to Biden's desk

Posted on 12/12/22 at 7:17 am to
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134141 posts
Posted on 12/12/22 at 7:17 am to
quote:

married interracial and gay couples can finally stop hiding in their attics Anne Frank style.


The way they've disingenuously tied interracial marriage to this is annoying.
Posted by blueboy
Member since Apr 2006
65584 posts
Posted on 12/12/22 at 7:30 am to
Awesome. Soon you’ll be able to take shits into each other’s mouths on live TV.

We’re such an advanced society now.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115490 posts
Posted on 12/12/22 at 7:54 am to
quote:

quote:
States can and do have the right to not recognize gay marriage.

Negative


10th Amendment has entered the chat
Posted by FooManChoo
Member since Dec 2012
46873 posts
Posted on 12/12/22 at 8:54 am to
quote:

quote:

Force churches to accept same sex marriages or lose your exemption.
That’s a great idea actually
The point of the exemption in the first place was to protect religious institutions from the power of the government to regulate what they teach and how they act through the force of taxation. This ultimatum (do as we say or you lose protection) violates the very principle that the exemption was put in place for.
Posted by Liberator
Revelation 20:10-12
Member since Jul 2020
9071 posts
Posted on 12/12/22 at 8:57 am to
quote:

10th Amendment has entered the chat


Giddy up! (Repeatedly ignored & denied by TD's usual pro-LGQt lobbyists / suspects.)

...led by *this* guy:



... masquerading as *this* guy:





Let's review the 10th Amendment again:

THE POWERS NOT DELEGATED TO THE UNITED STATES BY THE CONSTITUTION , NOR PROHIBITED BY IT TO THE STATES, ARE RESERVED TO THE STATES RESPECTIVELY, OR TO THE PEOPLE.

A LOT more of these select Feral Overlording edicts must be formally challenged by SCOTUS. Violations of the 10th Amendment are totally out of hand.

Two of three Constitutional checks & balances of the US we are promised ( Legislative & Executive) have completely failed -- thanks to a hijacked by a bogus / rigged "voting" system.

That obviously leaves only the Judicial check of SCOTUS from which to preserve the Republic.
This post was edited on 12/12/22 at 9:15 am
Posted by TideWarrior
Asheville/Chapel Hill NC
Member since Sep 2009
13209 posts
Posted on 12/12/22 at 9:03 am to
If this act passes it will be huge in respect to rights of those in these partnerships/marriages. It means employers will have to provide spousal benefits if already offered to hetro workers. Maternity and paternity leave for adoptions by gay couples. Insurance premiums will go up for everyone across the board for those working at companies with group policies.

I am someone shocked this is going through with the financial ramifications that will happen.
Posted by Flats
Member since Jul 2019
28192 posts
Posted on 12/12/22 at 9:06 am to
quote:

Awesome. Soon you’ll be able to take shits into each other’s mouths on live TV.


(TD post in 3 years)
"I don't know why you guys care about someone taking a shite into another person's mouth on live TV. Move on; we have more important issues."
Posted by Liberator
Revelation 20:10-12
Member since Jul 2020
9071 posts
Posted on 12/12/22 at 9:07 am to
quote:

The way they've disingenuously tied interracial marriage to this is annoying.


Hear ya.

That this Bill purposely and disingenuously paired "Interracial Marriage" with Qweer Marriage is the worst kind of Strawman.

Let's ask SCOTUS Justice Thomas how his "Interracial Marriage" was "disrespected" by any State Law.
Posted by the808bass
The Lou
Member since Oct 2012
128852 posts
Posted on 12/12/22 at 9:07 am to
80% of my friends have shite in someone’s mouth. I don’t know why you all are worked up about it.

- Someone contrarian in 3 years on TD
Posted by Liberator
Revelation 20:10-12
Member since Jul 2020
9071 posts
Posted on 12/12/22 at 9:07 am to
Posted by TideWarrior
Asheville/Chapel Hill NC
Member since Sep 2009
13209 posts
Posted on 12/12/22 at 9:16 am to
quote:

That this Bill purposely and disingenuously paired "Interracial Marriage" with Qweer Marriage is the worst kind of Strawman.


It has more to do with this regarding the language.

quote:

it would require individual states to recognize another state’s legal marriage.


The federal government is limited in most cases to dictate what a state can and can not do. Where the 10th amendment can be argued but making it an issue involving more than one state allows the federal government to step in. Probably under the guise of something like.

quote:

Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause)
Posted by Liberator
Revelation 20:10-12
Member since Jul 2020
9071 posts
Posted on 12/12/22 at 9:17 am to
quote:

In short, the bill requires every state to recognize a legally valid marriage from another state.


But...What about the 10th Amendment?

In your opinion should it (along with ALL States' Rights) be eliminated?
Posted by TideWarrior
Asheville/Chapel Hill NC
Member since Sep 2009
13209 posts
Posted on 12/12/22 at 9:26 am to
Why we have SCOTUS to determine who has the power between the states and the federal government.

Posted by Liberator
Revelation 20:10-12
Member since Jul 2020
9071 posts
Posted on 12/12/22 at 9:29 am to
quote:

...Where the 10th amendment can be argued but making it an issue involving more than one state allows the federal government to step in.

Probably under the guise of something like.

quote:

Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause)



Which is so broad a technicality and definition loophole that a Mack Truck could drive through it.

(..."treating citizens of other states in a discriminatory manner.")

Rhetorical Question: Why aren't States' Rights (and of Rights of/for people) considered reverse-"discrimination" by Federal edicts that overturn the 10th Amendment??
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 12/12/22 at 9:35 am to
quote:

quote:

The way they've disingenuously tied interracial marriage to this is annoying.
That this Bill purposely and disingenuously paired "Interracial Marriage" with Qweer Marriage is the worst kind of Strawman.
politically, the two were tied together for optics. I don’t think anyone would dispute that.

Jurisprudentially, however, the legal theories underlying Obergfell are essentially the same as the legal theories underlying Loving. Legally, it makes perfect sense (almost seems mandated) to treat them in much the same way.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 12/12/22 at 9:40 am to
quote:

In short, the bill requires every state to recognize a legally valid marriage from another state.
quote:

But...What about the 10th Amendment?

it would still apply. This bill does not make any effort to impose a nationwide mandate for SSM, which would raise 10th amendment concerns.

To the contrary, it provides that (if Obergefell falls) Alabama could well declined to license SSM. It simply would be prohibited from recognizing the exustence of a SSM which was legally entered in New Hampshire.

That is not a 10th amendment issue, it is an issue under the full faith and credit clause.
This post was edited on 12/12/22 at 9:43 am
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134141 posts
Posted on 12/12/22 at 9:42 am to
quote:

the legal theories underlying Obergfell are essentially the same as the legal theories underlying Loving. Legally, it makes perfect sense (almost seems mandated) to treat them in much the same way.



Incorrect, and I believe I outlined this earlier in the thread. The backstop for SSM, I get, as over half the states have laws against such that would come back into play should Obergfell get reversed. However, even if Loving were reversed, there'd be no such peril (the last state to have any anti-IR marriage laws was Alabama, and that was struck down over 20 years ago).

Treating IR marriage the same as SSM in this discussion is simply incorrect. Different set of circumstances.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115490 posts
Posted on 12/12/22 at 9:44 am to
quote:

This bill does not make any effort to imply a nationwide mandate for SSM, which would raise 10th amendment concerns


bullshite.

That's the practical effect through FF&C.

States and rules of comity decide FF&C, not federal statute. Once the latter gets involved, it becomes a 10th Amendment issue.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 12/12/22 at 9:44 am to
quote:

Incorrect, and I believe I outlined this earlier in the thread. The backstop for SSM,
You are correct, the perceived need for the two different applications is indeed very different.

The constitutional theories and analysis underlying each of those two decisions, however, are very similar. The Obergfell court cited Loving a round dozen times in its written opinion.

Factually, the cases are different.

Legally, at least under the reasoning of the two SCOTUS opinions, they are nearly identical.
This post was edited on 12/12/22 at 9:53 am
Posted by blueboy
Member since Apr 2006
65584 posts
Posted on 12/12/22 at 9:45 am to
quote:

Awesome. Soon you’ll be able to take shits into each other’s mouths on live TV.


(TD post in 3 years)
"I don't know why you guys care about someone taking a shite into another person's mouth on live TV. Move on; we have more important issues."
'The only reason you're against people shitting into each other's mouths on TV is because you secretly want to shite into each other's mouths on TV.'
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