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Old 12-07-2012, 02:27 PM
 
Location: Middle of nowhere
24,260 posts, read 14,195,922 times
Reputation: 9895

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Quote:
Originally Posted by Mictlantecuhtli View Post
They just vote on the cases. They won't even get written briefs or hear oral arguments for months yet. While some Justices may have ideas where they are going on a case, there is no set, agreed-upon decision. And they won't take a preliminary poll of Justices to see who stands where until after briefs and arguments. And even that doesnt mean there won't be a Justice changing position after the first informal poll. It's not like the sat around today and five of them said, "Let's hear this case because we think we should issue ruling X!". That's not how conferences work.

And like I said, with only four Justices required to grant cert, we don't even know if there is a majority of Justices who want to hear the case.

Perry v. Hollingsworth may only pertain to circumstances unique to California at this point, but the broader point that fundamental rights, once granted to a class, may not be revoked is a substantial issue worth exploring in the way it expands upon the majority decision in Romer v. Evans. The case is actually has broader implications than same-sex marriage.

On the Perry v Hollingsworth case. SCOTUSblog said it questions "whether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a man and a woman."
Hollingsworth v. Perry : SCOTUSblog

If that is the case, wouldn't this have impact on other states that have similar definitions in their state constitutions?

 
Old 12-07-2012, 02:27 PM
 
9,229 posts, read 9,748,644 times
Reputation: 3316
In fact, I don't understand why an effeminate man wants to marry another effeminate man?
Does such a "love" really last?
Is there any foundation for marriage at all?
 
Old 12-07-2012, 02:30 PM
 
Location: Middle of nowhere
24,260 posts, read 14,195,922 times
Reputation: 9895
Quote:
Originally Posted by Bettafish View Post
In fact, I don't understand why an effeminate man wants to marry another effeminate man?
Does such a "love" really last?
Is there any foundation for marriage at all?
Not all gay men are effeminate. There was a boxer that came out recently, I'd like to see you call him effeminate.
 
Old 12-07-2012, 02:32 PM
 
9,229 posts, read 9,748,644 times
Reputation: 3316
Quote:
Originally Posted by jjrose View Post
Not all gay men are effeminate. There was a boxer that came out recently, I'd like to see you call him effeminate.
All are effeminate INTERNALLY.

Even if not all gay men are effeminate, most are, or many are. So it's very likely that two such men make a couple. no?
 
Old 12-07-2012, 02:37 PM
 
753 posts, read 727,567 times
Reputation: 440
Quote:
Originally Posted by jjrose View Post
On the Perry v Hollingsworth case. SCOTUSblog said it questions "whether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a man and a woman."
Hollingsworth v. Perry : SCOTUSblog

If that is the case, wouldn't this have impact on other states that have similar definitions in their state constitutions?
The Ninth Circuit's ruling was predicated on the notion that a fundamental right, once granted to a class, may not be revoked. California is unique in that same-sex marriage was once legal, then was barred. It is this combination of actions which Perry v. Hollingsworth as it stands now prohibits.

So, if the USSC affirms the Ninth's decision without any substantive changes, then same-sex marriage becomes legal in California but not in any other state -- because no other state has allowed and then subsequently prohibited same-sex marriage. However, it would mean that those states which allow same-sex marriage at present, or ever do in the future, would be precluded from then revoking same-sex marriage. Not terribly relevant at the moment, since there seems to be little chance of that happening in any of the nine states where same-sex marriage is currently legal.

Nonetheless, little steps. Precedents upon which a future Loving-esque decision will be built.
 
Old 12-07-2012, 02:38 PM
 
Location: Middle of nowhere
24,260 posts, read 14,195,922 times
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Quote:
Originally Posted by Bettafish View Post
All are effeminate INTERNALLY.

Even if not all gay men are effeminate, most are, or many are. So it's very likely that two such men make a couple. no?
Um, no.

There are gay men that look and act like lumberjacks, there are gay men who look and act like pro hockey players, there are gay men who look and act like the average Joe walking down the street. The type of man they are attracted to varies as much as the type of woman that straight men are attracted to.

Let go of the stereotype, and get to know people.
 
Old 12-07-2012, 02:38 PM
 
Location: Virginia Beach
8,346 posts, read 7,040,610 times
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Quote:
Originally Posted by Bettafish View Post
All are effeminate INTERNALLY.

Even if not all gay men are effeminate, most are, or many are.
Proof?
 
Old 12-07-2012, 02:41 PM
 
9,229 posts, read 9,748,644 times
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Quote:
Originally Posted by jjrose View Post
Um, no.

There are gay men that look and act like lumberjacks, there are gay men who look and act like pro hockey players, there are gay men who look and act like the average Joe walking down the street. The type of man they are attracted to varies as much as the type of woman that straight men are attracted to.

Let go of the stereotype, and get to know people.
Tell me some famous gay men who are not effeminate.

I know some "out" gays in my life, they are all effeminate! Not even a single exception.
 
Old 12-07-2012, 02:42 PM
 
Location: Middle of nowhere
24,260 posts, read 14,195,922 times
Reputation: 9895
Quote:
Originally Posted by Mictlantecuhtli View Post
The Ninth Circuit's ruling was predicated on the notion that a fundamental right, once granted to a class, may not be revoked. California is unique in that same-sex marriage was once legal, then was barred. It is this combination of actions which Perry v. Hollingsworth as it stands now prohibits.

So, if the USSC affirms the Ninth's decision without any substantive changes, then same-sex marriage becomes legal in California but not in any other state -- because no other state has allowed and then subsequently prohibited same-sex marriage. However, it would mean that those states which allow same-sex marriage at present, or ever do in the future, would be precluded from then revoking same-sex marriage. Not terribly relevant at the moment, since there seems to be little chance of that happening in any of the nine states where same-sex marriage is currently legal.

Nonetheless, little steps. Precedents upon which a future Loving-esque decision will be built.
The bolded was my understanding also, which is why I got confused when reading over the info @ SCOTUSblog.

Thanks for clearing that up. And I agree baby steps.

On the DOMA case, wouldn't couples from a state where SSM wasn't legal be able to get married in another state, and be federally recognized even if their marriage is not recognized by their home state?
 
Old 12-07-2012, 02:43 PM
 
753 posts, read 727,567 times
Reputation: 440
Quote:
Originally Posted by Bettafish View Post
In fact, I don't understand why an effeminate man wants to marry another effeminate man?
Does such a "love" really last?
Is there any foundation for marriage at all?
So?

I am a straight man.

I don't 'understand' (ie, I cannot see the attraction) the sexual appeal of a man to a woman. Yet I can reflect upon my own attraction to women, and comprehend how a woman can be attracted to a man in ways that must be analogous. And I can do the same regarding a man being attracted to a man, or a woman being attracted to a woman. It doesn't really require any more than the barest bit of imagination and empathy.

But beyond all that, I can't really think that my failure to 'understand' something is a basis for prohibiting that thing. That would be rather narcissistic of me, no?
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