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I hope gay marriage is banned in North Carolina. Doesn't seem right. If lgbt want custody of there children, all they have to do is take a paternity test.
It really doesn't matter what it "seems" like to you. It's not about you.
I hope gay marriage is banned in North Carolina. Doesn't seem right. If lgbt want custody of there children, all they have to do is take a paternity test.
Thankfully, we have a Constitution and Courts to ensure that what is actually right is done, even if some have contrary "feelings." Equality and justice for all is not just a slogan.
We are in the 4th circuit. What you posted is a description of the lawsuit. Once something is ruled unconstitutional in one part of the 4th circuit, it winds up unconstitutional in the rest of the 4th circuit.
I understand what you are saying, however, the 4th Circuit ruling is in direct conflict with the state's constitution. There is no federal legislation or constitutional amendment that specifically allows same sex marriage which means that that authority lies with the state, per the U.S. Constitution's 10th amendment. That's where the problem lies.
""I, . . . . . . . . . . . ., do solemnly and sincerely swear that I
will support the Constitution of the United States; that I will be
faithful and bear true allegiance to the State of North Carolina, and
to the constitutional powers and authorities which are or may be
established for the government thereof; and that I will endeavor to
support, maintain and defend the Constitution of said State, not
inconsistent with the Constitution of the United States, to the best
of my knowledge and ability; so help me God.”
Every member of the General Assembly and every person elected or appointed to hold any office of trust or profit in the State must take this oath. So now, what do THEY do? Support their sworn oath to their state or to a ruling of feds? The mud just got muddier.
I understand what you are saying, however, the 4th Circuit ruling is in direct conflict with the state's constitution. There is no federal legislation or constitutional amendment that specifically allows same sex marriage which means that that authority lies with the state, per the U.S. Constitution's 10th amendment. That's where the problem lies.
""I, . . . . . . . . . . . ., do solemnly and sincerely swear that I
will support the Constitution of the United States; that I will be
faithful and bear true allegiance to the State of North Carolina, and
to the constitutional powers and authorities which are or may be
established for the government thereof; and that I will endeavor to
support, maintain and defend the Constitution of said State, not
inconsistent with the Constitution of the United States, to the best
of my knowledge and ability; so help me God.”
Every member of the General Assembly and every person elected or appointed to hold any office of trust or profit in the State must take this oath. So now, what do THEY do? Support their sworn oath to their state or to a ruling of feds? The mud just got muddier.
I'd like to introduce you to a little friend of mine. Its name is the Supremacy Clause. Everybody say "Hi, Supremacy Clause!" A ruling by a Federal court overrules a state constitution. Why do you think the ruling in Loving v. Virginia overturned ALL antimiscegenation laws, even those enshrined in various state constitutions?
Antimiscegenation laws were about race, not gender.
The Supremacy clause may not fit this case because of the lack of federal legislation. For instance, in Edgar v MITE Corp, "the Supreme Court ruled: "A state statute is void to the extent that it actually conflicts with a valid Federal statute". In effect, this means that a State law will be found to violate the Supremacy Clause when either of the following two conditions (or both) exist:
Compliance with both the Federal and State laws is impossible
"[S]tate law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress"
In this case, where is the federal law that the state law can defer to?
Ruling expected shortly but Speaker Thom Tillis and Senate President Pro Tempore Phil Berger have hired Charlotte attorney Robert Potter and will ask the federal court to allow the General Assembly to intervene in the cases.
Antimiscegenation laws were about race, not gender.
The Supremacy clause may not fit this case because of the lack of federal legislation. For instance, in Edgar v MITE Corp, "the Supreme Court ruled: "A state statute is void to the extent that it actually conflicts with a valid Federal statute". In effect, this means that a State law will be found to violate the Supremacy Clause when either of the following two conditions (or both) exist:
Compliance with both the Federal and State laws is impossible
"[S]tate law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress"
In this case, where is the federal law that the state law can defer to?
I think you're correct, but wrong anyway. It's probably not a Supremacy clause issue, but rather a 14th Amendment privileges or immunities clause issue. Federal case law would take precedent over a state statute or constitution that seeks to deprive citizens of their rights.
Thankfully, we have a Constitution and Courts to ensure that what is actually right is done, even if some have contrary "feelings." Equality and justice for all is not just a slogan.
Also winners are the bridal and tux shops, wedding coordinators, bakeries, flower shops, photographers etc especially since 50% of straight marriage has been down , we are here to save the day soon in NC.
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