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Old 02-27-2012, 07:17 AM
 
14,917 posts, read 13,093,550 times
Reputation: 4828

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Quote:
Originally Posted by jazzarama View Post
You've slapped yourself in the head a few too many times.

I know what she's doing isn't illegal.

She has chosen to refuse to perform a voluntary function because in her opinion the function supports an unequal, unconstitutional application of the law. She disagrees with the political decision and the courts' failure to recognize gay marriage in Texas. ok so far ?

In my opinion, this is the same as a judge who'd refuse to voluntarily perform gay marriages because they disagree with a court decision that forces it on a state. Or refuse to marry cousins if a law passed allowing it.

You choose to focus on the way she's protesting a law she doesn't like. I'm focusing on why she's protesting in the 1st place.
That's not really an apt analogy. It'd be the same a judge refusing to voluntarily preform gay marriages in a state where straight marriages were illegal and only gay marriages were illegal.
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Old 02-27-2012, 08:24 AM
 
15,706 posts, read 11,765,379 times
Reputation: 7020
Quote:
Originally Posted by InTheNameOfGod View Post
that's illegal.
How is it illegal?
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Old 02-27-2012, 08:27 AM
 
15,706 posts, read 11,765,379 times
Reputation: 7020
Quote:
Originally Posted by jazzarama View Post
You've slapped yourself in the head a few too many times.

I know what she's doing isn't illegal.

She has chosen to refuse to perform a voluntary function because in her opinion the function supports an unequal, unconstitutional application of the law. She disagrees with the political decision and the courts' failure to recognize gay marriage in Texas. ok so far ?

In my opinion, this is the same as a judge who'd refuse to voluntarily perform gay marriages because they disagree with a court decision that forces it on a state. Or refuse to marry cousins if a law passed allowing it.

You choose to focus on the way she's protesting a law she doesn't like. I'm focusing on why she's protesting in the 1st place.
And I guarantee you almost every Conservative in this thread would have absolutely no problem with a judge refusing to marry a gay couple if it were legal. They would call it upholding solid morals.

It's only judicial activism when it challenges conservative viewpoints.
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Old 02-27-2012, 08:33 AM
 
11,186 posts, read 6,500,404 times
Reputation: 4622
Quote:
Originally Posted by hammertime33 View Post
That's not really an apt analogy. It'd be the same a judge refusing to voluntarily preform gay marriages in a state where straight marriages were illegal and only gay marriages were illegal.
I'll try this way. A judge believes it's unconstitutional to forbid cousins from marrying and disagrees with the state law prohibiting cousins marrying. She decides not to perform any marriages.

I can understand why some people will wonder if the judge is right to base her decision solely on personal views of the law's equity.

After watching the video, Judge Parker sounds smart, funny, sensible, and fair. However, I think it's ok to discuss the role a judge's personal opinions have on their performing, or not, judicial functions, even voluntary ones.
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Old 02-27-2012, 09:14 AM
 
17,291 posts, read 29,387,578 times
Reputation: 8691
Quote:
Originally Posted by jazzarama View Post
I'll try this way. A judge believes it's unconstitutional to forbid cousins from marrying and disagrees with the state law prohibiting cousins marrying. She decides not to perform any marriages.

I can understand why some people will wonder if the judge is right to base her decision solely on personal views of the law's equity.

I don't see why it would be a problem at all, because she's being morally consistent. At least she's not conferring favor on one group over another. (Such as if gay marriage were legal and she decided to only marry gay people. Or only straight people because she was against gay marriage).



Quote:
Originally Posted by jazzarama
After watching the video, Judge Parker sounds smart, funny, sensible, and fair. However, I think it's ok to discuss the role a judge's personal opinions have on their performing, or not, judicial functions, even voluntary ones.
What if she just didn't believe in marriage at all, for anyone? The key is the discretionary part, IMO. It'd be a much different conversation if it was a mandated part of her job.
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Old 02-27-2012, 09:17 AM
 
14,917 posts, read 13,093,550 times
Reputation: 4828
Quote:
Originally Posted by jazzarama View Post
I'll try this way. A judge believes it's unconstitutional to forbid cousins from marrying and disagrees with the state law prohibiting cousins marrying. She decides not to perform any marriages.

I can understand why some people will wonder if the judge is right to base her decision solely on personal views of the law's equity.

After watching the video, Judge Parker sounds smart, funny, sensible, and fair. However, I think it's ok to discuss the role a judge's personal opinions have on their performing, or not, judicial functions, even voluntary ones.
Voluntary or not, it's not a judicial function.
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Old 02-27-2012, 01:25 PM
 
Location: Los Angeles, California
4,373 posts, read 3,226,783 times
Reputation: 1041
Quote:
Originally Posted by Fiyero View Post
How is it illegal?
It isn't. He's just saying that because he doesn't agree with Tonya Parker's decision and has no liable argument in a case that has already been justified time and again.
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