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Old 12-09-2011, 09:01 AM
 
15,706 posts, read 11,818,627 times
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Quote:
Originally Posted by SourD View Post
What? Clueless I see. State's issues like this are voted on among the PEOPLE! Direct Democracy here. How could it NOT be direct Democracy when it is only ONE state voting on something? Do you even know the difference between State governments and the Federal government? The reason this was left to the people to vote on is because IT IS NOT A CIVIL RIGHTS ISSUE!
No, the reason the people voted, is because California has a stupid Proposition system where citizens can pass their own laws instead of the legislature. Most states don't work that way.

However, here is the clincher. Regardless of whether people can vote on laws in California, Federal law trumps State law. Therefore, if the people of California pass a law that violates federal law, it is Unconstitutional, even if 99.9% of Californians voted in favor of it.

It wasn't left to the people because it's not a civil rights issue. It was left to them because of how California's legislative system works. But once again, Tyranny of the Majority does not work, even at the State level.
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Old 12-09-2011, 09:06 AM
 
15,912 posts, read 20,262,546 times
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Originally Posted by TriMT7 View Post
Newsflash: Gay people ARE OWED something
Yes, free condoms and tips on how to avoid AIDS...
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Old 12-09-2011, 09:06 AM
 
16,545 posts, read 13,494,887 times
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Quote:
Originally Posted by Fiyero View Post
No, the reason the people voted, is because California has a stupid Proposition system where citizens can pass their own laws instead of the legislature. Most states don't work that way.

However, here is the clincher. Regardless of whether people can vote on laws in California, Federal law trumps State law. Therefore, if the people of California pass a law that violates federal law, it is Unconstitutional, even if 99.9% of Californians voted in favor of it.

It wasn't left to the people because it's not a civil rights issue. It was left to them because of how California's legislative system works. But once again, Tyranny of the Majority does not work, even at the State level.
Oh please, go learn something. There is NO FEDERAL LAW that says marriage is a right. NONE! Why don't you sue the government then for violating your civil rights? I know why you don't, cause it is baseless.
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Old 12-09-2011, 09:13 AM
 
15,706 posts, read 11,818,627 times
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Originally Posted by plwhit View Post
Yes, free condoms and tips on how to avoid AIDS...
I know how to avoid AIDS. Don't sleep with heterosexual black people.
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Old 12-09-2011, 09:14 AM
 
14,916 posts, read 13,141,682 times
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Quote:
Originally Posted by SourD View Post
Oh please, go learn something. There is NO FEDERAL LAW that says marriage is a right. NONE! Why don't you sue the government then for violating your civil rights? I know why you don't, cause it is baseless.
Try reading the 14th Amendment.

Let's throw out some hypotheticals. Let's say your state's population voted to define marriage to once again outlaw interracial couples from marrying. Would that be an enforceable law? Would it be constitutional? If not constitutional, what part of the Constitution would it violate.

How about if your state voted to outlaw opposite-sex marriage, and "defined" marriage as the union between only two members of the same-sex? Since it's the will of the people, would you be fine with and accept it? Would it be constitutional? If not constitutional, what part of the Constitution would it violate.

How about a different set of rights other than marriage. Let's say driving. What if your state banned men from diving (or gays, or blacks, of Jews, or Christians, etc). Would such a law be constitutional? If not constitutional, what part of the Constitution would it violate.
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Old 12-09-2011, 09:15 AM
 
15,706 posts, read 11,818,627 times
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Originally Posted by SourD View Post
Oh please, go learn something. There is NO FEDERAL LAW that says marriage is a right. NONE! Why don't you sue the government then for violating your civil rights? I know why you don't, cause it is baseless.
You continue to present this stupid argument, despite being corrected by actual lawyers. And you're saying I'm the one who needs to learn something? I can't sue anyone because I don't have legal standing.

I could explain it to you a million different ways Sour. It's never going to sink in.

Go research what Common Law means.
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Old 12-09-2011, 09:18 AM
 
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Originally Posted by Fiyero View Post
You continue to present this stupid argument, despite being corrected by actual lawyers. And you're saying I'm the one who needs to learn something? I can't sue anyone because I don't have legal standing.

I could explain it to you a million different ways Sour. It's never going to sink in.

Go research what Common Law means.
Common Law means nothing here. Do you even know what it means? Because some lawyer said it is true it's true? It doesn't matter what a thousand lawyers say, it's up to the courts who have not ruled that it is a civil right YET! That ruling would have to come from SCOTUS, has it?
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Old 12-09-2011, 09:23 AM
 
15,706 posts, read 11,818,627 times
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Originally Posted by SourD View Post
Common Law means nothing here. Do you even know what it means?
Um yes, do you? Our entire legal system is based on English Common Law. The fact that you claim it means nothing means you don't know what it means.

Quote:
It doesn't matter what a thousand lawyers say, it's up to the courts who have not ruled that it is a civil right YET! That ruling would have to come from SCOTUS, has it?
Yes, the SCOTUS has already declared marriage a civil right. Therefore it's Federal Law.

Let me ask you this. If the State deprives someone of their 1st Amendment right to Free Speech, is Free Speech not a right until the case reaches the Supreme Court and they declare what the State did unconstitutional?
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Old 12-09-2011, 09:28 AM
 
16,545 posts, read 13,494,887 times
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Originally Posted by Fiyero View Post
Um yes, do you? Our entire legal system is based on English Common Law. The fact that you claim it means nothing means you don't know what it means.



Yes, the SCOTUS has already declared marriage a civil right. Therefore it's Federal Law.

Let me ask you this. If the State deprives someone of their 1st Amendment right to Free Speech, is Free Speech not a right until the case reaches the Supreme Court and they declare what the State did unconstitutional?
Let's see the ruling. Please post the link. I don't think that's true, unless the ruling state's BETWEEN AND MAN AND A WOMAN. If it just plainly states that it IS a civil right, how in the world are the states getting away with denying people this right? Where are ALL of the law suits? Where is the ACLU? Please post the ruling.

Quote:
While the U.S. Supreme Court has not yet ruled on same-sex marriage...
Is Marriage a Civil Right? - Why Marriage is a Civil Right

Anything else?
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Old 12-09-2011, 09:29 AM
 
17,290 posts, read 29,484,295 times
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Originally Posted by plwhit View Post
Yes, free condoms and tips on how to avoid AIDS...
And how does that work out for lesbians?


Don't look now, but your inner demons are starting to show themselves....
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