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Unread 02-24-2011, 06:21 AM
 
11,525 posts, read 3,342,568 times
Reputation: 4735
Quote:
Originally Posted by Clark Park View Post
I do not agree with those views.

The proper role of the judiciary branch of the government - unlike the legislative and executive branches which are elected - is precisely to protect minorities from "the tyranny of the majority." That is why the judiciary is not elected by popular vote (no one elects a US Supreme Court Judge) and that is why they sometimes rule against popular opinion.

To call judges "activists" is just a meaningless exercise in name-calling; the judges were doing their job. Why not call them the "Socialist Judges" or the "Jewish Judges" or the "Tree-Hugger Judges" or the "Metrosexual Judges." Sheesh. Okay, so you don't agree with their ruling. Am I mistaken, or was the decision a unanimous ruling by the State Supreme Court. Unanimous.

As far as judges usually getting it wrong ... you are very mistaken. You referenced one US Supreme Court decision, the Dred Scott case, which did not "make slavery legal in the US" ... which is way off base. Slavery was already legal in the US, and had been legal for generations. How about these US Supreme Court decisions which met with violent opposition but have withstood the test of time:

  • Brown v. The Board Of Education of Topeka (1954)
  • Roth v. the United States (1957)
  • Miranda v. Arizona (1966)
  • Tinker v. Des Moines (1967)
  • Roe v. Wade (1973)
  • The United States v. Nixon (1974)
Too more cases I would like reference that directly relate to this topic are the US Supreme Court decisions Loving v. Virginia (1967) which overturned laws in many states that criminalized marriage between two people of different races; and Lawrence v. Texas (2003) which ruled that states had no right to criminalize homosexual acts between consenting adults in private.

Right.

Since you don't live here, you probably don't understand the laws and the history regarding this issue in Iowa. There was already a LAW that banned same sex marriage- it was the LAW.

Iowa Same-Sex Marriage Ban Struck Down by High Court (Update4) - Bloomberg

The Supreme Court overturned the will of the people and MADE A NEW LAW. That is the right of the legislative branch, not the judicial branch.

These judges were far left whack jobs who were appointed by a panel of leftist lawyers. That process, given this mess, has stopped. Branstad just appointed three normal guys to the Supreme Court. Hopefully we will get the rest out of there.

As the democratic senators are barring an up or down vote for a Constitutional Amendment, which they know would pass, there is a bill now in the Iowa House (which will pass), which will essentially ban gay marriage anyway. Read it and weep.

http://www.desmoinesregister.com/art...news|text|News

I do find it amusing that the libs howl when a legislative trick like this is performed, particularly when they subverted the entire legislative process by making gay marriage "legal" by judicial fiat.

Conservatives 1 Liberals 0

PS- The Dred Scott case was a ruling to make slavery legal. Beyond re-affirming the legality of slavery in Missourri, it stated that slaves who fled the state and were "captured" in free states could be returned to slavery. It legalized and extended the reach of slavery into free states in this fashion.
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Unread 02-24-2011, 07:21 AM
 
Location: Des Moines
580 posts, read 1,027,892 times
Reputation: 319
Actually, didn't Branstad appoint nearly all of the judges on the bench already during his previous term? How is it that a panel of liberal attorneys appointed the justices before but now it's the governor? Your story doesn't add up.
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Unread 02-24-2011, 10:27 AM
 
7,794 posts, read 9,770,770 times
Reputation: 5343
Quote:
Originally Posted by DMRyan View Post
Actually, didn't Branstad appoint nearly all of the judges on the bench already during his previous term? How is it that a panel of liberal attorneys appointed the justices before but now it's the governor? Your story doesn't add up.
He appointed all of them there were impeached, yes.
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Unread 02-24-2011, 10:28 AM
 
7,794 posts, read 9,770,770 times
Reputation: 5343
Quote:
Originally Posted by hawkeye2009 View Post
Right.

Since you don't live here, you probably don't understand the laws and the history regarding this issue in Iowa. There was already a LAW that banned same sex marriage- it was the LAW.

Iowa Same-Sex Marriage Ban Struck Down by High Court (Update4) - Bloomberg

The Supreme Court overturned the will of the people and MADE A NEW LAW. That is the right of the legislative branch, not the judicial branch.

These judges were far left whack jobs who were appointed by a panel of leftist lawyers. That process, given this mess, has stopped. Branstad just appointed three normal guys to the Supreme Court. Hopefully we will get the rest out of there.

As the democratic senators are barring an up or down vote for a Constitutional Amendment, which they know would pass, there is a bill now in the Iowa House (which will pass), which will essentially ban gay marriage anyway. Read it and weep.

Bill aims to bar gay marriage, review by court | The Des Moines Register | DesMoinesRegister.com

I do find it amusing that the libs howl when a legislative trick like this is performed, particularly when they subverted the entire legislative process by making gay marriage "legal" by judicial fiat.

Conservatives 1 Liberals 0

PS- The Dred Scott case was a ruling to make slavery legal. Beyond re-affirming the legality of slavery in Missourri, it stated that slaves who fled the state and were "captured" in free states could be returned to slavery. It legalized and extended the reach of slavery into free states in this fashion.
Not starting a war here, but I highly advise you read some law books and study up on how the government works before making these statements!!!! Yikes.

Regardless of the fact the senate is controlled by Democrats who have already stated that law you spoke of is dead in the water - did you actually read the article?

Quote:
Review of laws by the Iowa Supreme Court is one of the fundamental pieces of the state's system of checks and balances, and such a provision faces intense legal hurdles.

A spokesman for Iowa Attorney General Tom Miller said the bill is unquestionably unconstitutional.
Quote:
"Everyone is trying to do weird things about same-sex marriage, and they don't get it in terms of law," said Jon Roland, president of the Constitution Society, a public education organization based in Texas. "It's pretty basic. This is fundamental legal theory that should be understood by most lawyers."
Quote:
"This bill is clearly unconstitutional, and every judge in this state is going to follow the Constitution as interpreted by the Iowa Supreme Court," Greenwood said.

Under the bill, county recorders would be prohibited from issuing marriage licenses to same-sex couples until a public vote on a constitutional amendment is held.

Rep. Glen Massie, R-Des Moines, said the bill is intended to advocate Judeo-Christian ethics as law.

"Everything I do in this building I look at as: I swore an oath to a supreme creator to uphold his law. I know that's something more of a lecture but I want you to know where I come from," he said.

Others strongly disagreed.

"It flies in the face of the separate branches of government and the checks and balances we have in the structure of our government," said Rep. Cindy Winckler, D-Davenport. "This would deny access to equal justice."
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Unread 02-24-2011, 01:21 PM
 
Location: around the way
585 posts, read 307,607 times
Reputation: 315
Quote:
Originally Posted by hawkeye2009 View Post
As the democratic senators are barring an up or down vote for a Constitutional Amendment, which they know would pass, there is a bill now in the Iowa House (which will pass), which will essentially ban gay marriage anyway. Read it and weep.

http://www.desmoinesregister.com/article/20110224/NEWS10/102240346/Bill-aims-to-bar-gay-marriage-review-by-court?odyssey=tab|topnews|text|News
I wouldn't hold my breath on that one.
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Unread 02-24-2011, 01:27 PM
 
Location: Des Moines
580 posts, read 1,027,892 times
Reputation: 319
Hawkeye2009 would be better off just telling everyone that he is simply opposed to same sex marriage, instead of trying to provide factually incorrect statements and off-kilter anecdotes. I can at least respect somebody's opinion when they don't try to B.S. me with things they don't have a complete grasp of.

Hopefully he knows that just because something is approved in the Republican-controlled house, it still must make it through the Democratic-controlled senate prior to landing on the governor's desk.
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Unread 02-24-2011, 05:12 PM
 
Location: Chariton, Iowa
682 posts, read 1,717,927 times
Reputation: 371
Quote:
Originally Posted by hawkeye2009 View Post
Right.

Since you don't live here, you probably don't understand the laws and the history regarding this issue in Iowa. There was already a LAW that banned same sex marriage- it was the LAW.

Iowa Same-Sex Marriage Ban Struck Down by High Court (Update4) - Bloomberg

The Supreme Court overturned the will of the people and MADE A NEW LAW. That is the right of the legislative branch, not the judicial branch.
That's not what happened at all. Even the news article you posted explained that that's not the case.

The legislature passed a law banning same-sex marriages in 1998. The law came before the court in Varnum v. Brien. The court was asked to interpret and evaluate the law: was it constitutional or not? They ruled that it was not, and the law was removed.

No new law was created. Instead, an existing law was struck down. The court performed its function.

If you don't agree with the ruling, that's fine. It's your right to try to pass a constitutional amendment or change the make-up of the court and rehear the case. You can even try to change the way that justices are nominated or retained.

But let's stop the lying: the court did its job. You just don't agree with their ruling.
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Unread 02-25-2011, 05:41 AM
 
Location: San Antonio, TX via Central MA
1,982 posts, read 916,073 times
Reputation: 1810
If Iowa politicians really want conservative values in their state, they would realize even bringing this up again is a waste of taxpayer's time and money. Are they willing to throw away their fiscally conservative values to promote hate? How is a legally binding contract between two monogamous people going to ruin your life?

I always thought IA would be a "live and let live" kind of place. Clearly, I was wrong.

A lot of hate on this forum...
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Unread 02-25-2011, 06:21 AM
 
Location: Kansas
2,645 posts, read 1,514,380 times
Reputation: 3078
It's not about "hate" and I know that is the word of the day to try to intimidate anyone that is tired of being force fed the homosexual acceptance agenda. The City of Manhattan, KS has just added sexual orientation to its list of protected classes or will actually in September of this year. There is an election coming up in April of city commissioners and there is a hope it will be overturned and they are also looking at a petition to put it to a public vote. The problem that Iowa and Kansas shares is that outside people come in to drive this and more often than not, make it harder for those that lived happily among those that they grew up with. If anyone is feeding "hate", it is those from the outside that come in and make demands when the "minority" was living peacefully among neighbors who chose to ignore any differences. It is worth watching the other states which is what caught my eye.
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Unread 02-25-2011, 08:11 AM
 
7,794 posts, read 9,770,770 times
Reputation: 5343
Quote:
Originally Posted by AnywhereElse View Post
It's not about "hate" and I know that is the word of the day to try to intimidate anyone that is tired of being force fed the homosexual acceptance agenda. The City of Manhattan, KS has just added sexual orientation to its list of protected classes or will actually in September of this year. There is an election coming up in April of city commissioners and there is a hope it will be overturned and they are also looking at a petition to put it to a public vote. The problem that Iowa and Kansas shares is that outside people come in to drive this and more often than not, make it harder for those that lived happily among those that they grew up with. If anyone is feeding "hate", it is those from the outside that come in and make demands when the "minority" was living peacefully among neighbors who chose to ignore any differences. It is worth watching the other states which is what caught my eye.
You don't call that hate!? What's wrong with people today.....all this anger and frustration and time and money going against trying to stop people from following their feelings.

Once again I want to know why straight people are so obsessed with gay marriage or civil unions???? How does it possibly have some negative affect them.

Then you get the whole nonsense of "gay agenda shoved at us" over and over, as they clearly don't realize that they're the ones driving this fight by constantly pushing back against gay marriage with a platform of what???? The bible? I'm sorry but if you want to follow the bible that's perfectly fine, I don't remember ever hearing that everyone else must as well.
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