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04-10-2009, 10:47 PM
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Senior Member
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Join Date: Mar 2007
Location: West Omaha
951 posts, read 967,053 times
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NO. Its not the same. Its analogous! My point is the court must determine whether its constitutional to take the right away from gays...not the majority.
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04-10-2009, 10:48 PM
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Not a member
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Join Date: Feb 2008
4,678 posts, read 1,282,319 times
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Quote:
Originally Posted by mattpoulsen
Kdrich,
Yes, marriage in general has been deemed a FUNDAMENTAL RIGHT. The court's have ruled that it IS a fundamental right to marry who you want. You don't have to say why!! So by deduction...you absolutely have a FUNDAMENTAL RIGHT to marry who you want.
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Do I have a right to marry 3 women? Is there no rules regarding age?
Quote:
Not all guaranteed rights are explicitly written in the constitution. The constitution an open ended document. Which means fundamental rights are discerned within the contours of the constitution.
For example, what part of the bill of rights says we have a fundamental right to privacy??
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I never said that the constitution did contain all the rights a person could have.
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04-10-2009, 10:56 PM
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Senior Member
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Join Date: Mar 2007
Location: West Omaha
951 posts, read 967,053 times
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No you don't have the right to marry 3 women. But that is because the statute against was upheld on court challenge. The court looks at the statute and then analyzes it within the framework of the constitution. Part of that test is whether there is a strong public policy against and how tailored the law is to achieve the public policy.
Same goes for age. One can easily list public policies for having bans on polygamy and underage marriage.
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04-10-2009, 11:08 PM
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Not a member
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Join Date: Feb 2008
4,678 posts, read 1,282,319 times
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Quote:
Originally Posted by mattpoulsen
No you don't have the right to marry 3 women. But that is because the statute against was upheld on court challenge. The court looks at the statute and then analyzes it within the framework of the constitution. Part of that test is whether there is a strong public policy against and how tailored the law is to achieve the public policy.
Same goes for age. One can easily list public policies for having bans on polygamy and underage marriage.
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And the people voted in overwhelming numbers against a special definition of marriage.
It's not the court's purpose to make laws.
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04-10-2009, 11:22 PM
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Senior Member
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Join Date: Mar 2007
Location: West Omaha
951 posts, read 967,053 times
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And that is your fundamental ignorance on the issue in a nutshell!
Southern states voted overwhelming to disallow interracial marriage and black voting rights! It is absolutely the job of the courts to overturn laws that are unconstitutionally oppressive.
The courts have been making laws since the invention of the first court! That is what "common law" is! And we are a common law country and always have been. To say its not the court's business to make laws simply shows how you don't understand the actual issue you're talking about.
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04-11-2009, 12:18 PM
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Senior Member
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Join Date: Feb 2008
Location: Downtown Omaha
493 posts, read 251,600 times
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Quote:
Originally Posted by smithy77
Stacey, I've noticed a pattern over time and I've done some investigation on this issue. Whenever there is a thread that someone doesn't like (or it isn't going their way, or they're losing an argument), individuals who will remain nameless complain to 'admin' about it and it gets locked or moved. I've seen the complaints to 'admin' by this certain member and he/she generally complains that there is too much 'gay' stuff over at the Omaha forum. Go figure.
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Well, you notice quite well, Its obvious that the gay stuff offends a few of the nuts around here, but is it offensive enough to warrant the actions that are taken? NO!! The gay stuff is here to stay, I'm here to make sure of that.
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04-11-2009, 12:22 PM
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Senior Member
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Join Date: Feb 2008
Location: Downtown Omaha
493 posts, read 251,600 times
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Quote:
Originally Posted by Go Ne
I just complain when someone goes into a thread not even involving a Gay topic and somehow twist it to talk about gay things thusly making it completely off topic, and sometimes ruining the thread completely when it has to be closed for being off topic.
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So, you are saying there is no room for a gay viewpoint?
Someone starts a thread about Nebraska the Good Life, I make a comment that it only applies to heteros, there is no room for the gay view in that thread? You are wrong. You are very wrong.
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04-11-2009, 01:29 PM
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Senior Member
Status:
"In Exile"
(set 12 days ago)
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Join Date: Mar 2009
Location: I think my user name clarifies that.
4,987 posts, read 1,684,741 times
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Quote:
Originally Posted by SurfOmaha
So, you are saying there is no room for a gay viewpoint?
Someone starts a thread about Nebraska the Good Life, I make a comment that it only applies to heteros, there is no room for the gay view in that thread? You are wrong. You are very wrong.
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Is EVERYTHING in life about being gay? Isn't there ANYTHING that isn't either hetero or homo? I haven't seen you post anything, anywhere, that isn't about homosexuality.
Don't you have any other interests? I'm confused. 
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04-11-2009, 02:10 PM
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Senior Member
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Join Date: Feb 2008
Location: Downtown Omaha
493 posts, read 251,600 times
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Quote:
Originally Posted by Omaha Rocks
Is EVERYTHING in life about being gay? Isn't there ANYTHING that isn't either hetero or homo? I haven't seen you post anything, anywhere, that isn't about homosexuality.
Don't you have any other interests? I'm confused. 
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Of course I have other interests, what's so confusing about that? It just so happens that on this bigoted board, people get offended at the mere mention of gay. So therefore gay is here to stay. A gay point of view will always be posted here. Its called freedom of speech. The one right gays have in Nebraska!
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04-11-2009, 02:28 PM
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Senior Member
Status:
"In Exile"
(set 12 days ago)
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Join Date: Mar 2009
Location: I think my user name clarifies that.
4,987 posts, read 1,684,741 times
Reputation: 1723
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Quote:
Originally Posted by SurfOmaha
Of course I have other interests, what's so confusing about that? It just so happens that on this bigoted board, people get offended at the mere mention of gay. So therefore gay is here to stay. A gay point of view will always be posted here. Its called freedom of speech. The one right gays have in Nebraska!
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Ummm... I'm not offended by the mention of gays. And I'm really not bigoted about gays.
But I have noticed that there is only ONE thing you EVER post about - and you're obviously pretty angry and obsessed about it.
That's all.
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