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Old 04-05-2014, 12:44 AM
 
601 posts, read 956,518 times
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Court challenge could topple NC same-sex marriage ban | CharlotteObserver.com

Small snip:

Quote:
Same-sex marriage is already allowed in Maryland. And on Valentine’s Day, a federal judge in Virginia ruled her state’s gay marriage ban unconstitutional.

That ruling is now being appealed, and in line with the speed of other marriage-equality appeals, that case will be heard by the Fourth Circuit panel May 13.

If the judges allow the Virginia court ruling to stand, they almost certainly also will strike down existing marriage bans in the Carolinas and West Virginia, legal experts expect. The court’s decision could come as soon as late summer.

...

Meanwhile, North Carolina courts have their own marriage lawsuit to consider. But U.S. District Judge William Osteen of Greensboro, who will hear the challenge by the ACLU and several same-sex couples to Amendment One, appears to be waiting on the Fourth Circuit’s decision before pushing the case ahead.
This is interesting, but I have a question about this. If the ban is overturned, does this mean NC's marriage laws will basically revert to what they were pre-Amendent One, or does this mean full-blown marriage for same-sex couples?

 
Old 04-05-2014, 04:07 AM
 
Location: The Triad
34,091 posts, read 82,464,944 times
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Quote:
Originally Posted by Third Strike View Post
..but I have a question about this.
If the ban is overturned, does this mean NC's marriage laws will basically revert to what they were...
Initially...

Quote:
...or does this mean full-blown marriage for same-sex couples?
That depends on how far the R's are willing to go to avoid inviting a fight at the polls.
 
Old 04-05-2014, 06:07 AM
 
Location: The 12th State
22,974 posts, read 65,266,106 times
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Quote:
Originally Posted by Third Strike View Post
Court challenge could topple NC same-sex marriage ban | CharlotteObserver.com

Small snip:

This is interesting, but I have a question about this. If the ban is overturned, does this mean NC's marriage laws will basically revert to what they were pre-Amendent One, or does this mean full-blown marriage for same-sex couples?
Good question, if it reverts to pre A1 it was already against the law, would the ruling take care of both
 
Old 04-05-2014, 08:52 AM
 
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I'm so hopeful this will pass. It would cast NC in such a positive light. Not to mention that everyone would have their Constitutional rights upheld...
 
Old 04-05-2014, 10:52 AM
 
Location: Midwest
978 posts, read 2,040,334 times
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Quote:
Originally Posted by Tyler_Jolie-Pitt View Post
I'm so hopeful this will pass. It would cast NC in such a positive light. Not to mention that everyone would have their Constitutional rights upheld...
I find it funny how a certain group of people wants "big government" out of their lives, but wants to make big government tell people who can and cannot get married. Makes no sense to me. Hypocrisy at its finest.
 
Old 04-05-2014, 12:49 PM
 
605 posts, read 798,598 times
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Quote:
Originally Posted by attrapereves View Post
I find it funny how a certain group of people wants "big government" out of their lives, but wants to make big government tell people who can and cannot get married. Makes no sense to me. Hypocrisy at its finest.
Yes, I hate it and I completely agree.
 
Old 04-05-2014, 01:01 PM
 
Location: Raleigh, NC
10,728 posts, read 22,723,373 times
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Quote:
Originally Posted by Third Strike View Post
This is interesting, but I have a question about this. If the ban is overturned, does this mean NC's marriage laws will basically revert to what they were pre-Amendent One, or does this mean full-blown marriage for same-sex couples?
Well, the Amendment didn't really change the legality of same-sex marriage (one reason of many it was a ridiculous, money-wasting Amendment), but if this is overturned, it would mean that legal same-sex marriages done in other states would in fact have to be recognized by NC.

It would NOT, necessarily, mean same-sex couples could get married in NC; the state could still choose to refuse marriage licenses to same-sex couples based on state statute. However, North Carolinians married elsewhere would see their marriages recognized by the state as well as Federally. This would simply be honoring the "Full faith and credit" clause that is at the root of any laws that try to block legal contracts formed in other states, in places where they are not legal to form.

Currently, for example, some states have lower age-of-consent laws than others. I think some states allow marriage at age 14 (let's say). If a 14-YO gets married in one of those states and then moves to a state where the age of consent is higher, her marriage is still currently recognized by the new state. The same should apply to same-sex couples in the US who got legally married somewhere else in the US. The state can define its own contracts (though even those will eventually disappear), but they should be made to recognize marriages that were legal at the time they were made, within the US.
 
Old 04-05-2014, 01:08 PM
LLN
 
Location: Upstairs closet
5,265 posts, read 10,665,217 times
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I am all for it. Get this out of the way so we can go on to more urgent (for all) problems.
 
Old 04-06-2014, 12:53 AM
 
Location: Over the rainbow
257 posts, read 293,716 times
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Quote:
Originally Posted by LLN View Post
I am all for it. Get this out of the way so we can go on to more urgent (for all) problems.
Me too, but I think some form of intervention is needed for that to happen. I am becoming more and more skeptical about the effectiveness of government - I hate saying that, but it's true. (I think I am losing my "fight for right" attitude.) Wouldn't it be wonderful if we had an open system of government instead of the closed one that is growing, a "balance" coming from healthy debate that benefits all instead of ideologies chiseled in granite that divide, an inclusive approach rather than exclusive, one that values diversity instead of fearing it, a progressive one instead of regressive. Heck - I still long for news that reports facts and labels opinions correctly as editorials. I've replaced local news with BBC and Aljazeera America. (Ok, I am overdue for my optimist pill.)
 
Old 04-06-2014, 10:00 AM
 
Location: Apex, NC
3,286 posts, read 8,521,380 times
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Quote:
Originally Posted by attrapereves View Post
I find it funny how a certain group of people wants "big government" out of their lives, but wants to make big government tell people who can and cannot get married. Makes no sense to me. Hypocrisy at its finest.
I couldn't agree with you more and I am very fiscally conservative. I think the Republicans and conservatives in general would be much better off and better position themselves for the future if they would stay out of people's bedrooms.

There are a lot people that could agree with certain aspects of their platform, but what nothing to do with them because of their socially conservative stances.
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