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Old 06-29-2015, 01:47 PM
 
Location: Long Island, NY
19,792 posts, read 13,956,603 times
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Quote:
Originally Posted by Tall Traveler View Post
I'm torn because I personally support gays having the right to marry sanctioned by the state. But I don't like the SC making rulings that continuously usurp the power of the individual states as that is not the agreement the states had when they joined the USA. SO I'm happy with the result but sad with the way it was accomplished.
In 1967, the State of Virginia had a law that prohibited whites and blacks from marrying. I would have preferred that Virginia come to its senses on its own, but it didn't. So, the SCOTUS, in Loving v. Virginia decided that that law violated the 14th Amendment.
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Old 06-29-2015, 02:59 PM
 
19,966 posts, read 7,881,487 times
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Quote:
Originally Posted by MTAtech View Post
In 1967, the State of Virginia had a law that prohibited whites and blacks from marrying. I would have preferred that Virginia come to its senses on its own, but it didn't. So, the SCOTUS, in Loving v. Virginia decided that that law violated the 14th Amendment.
And it wasn't the Supreme Court's proper authority to rule that either. The 14th amendment does not speak to marriage. If all races were not issued inter-racial marriage license, then that is equal treatment. That was a policy decision reserved for the voters, legislature and the State to decide.

The constitution and the 14th amendment does not address marriage laws or miscegenation or homosexual laws any more than it speaks to incest, polygamy, pedophilia etc legislation nor put that decision in judges' hands. That is a state, people, and legislature policy decision. The judiciary is not supposed to invent rights nor policy. Neither for that matter is the executive, as Obama like to create a lot of new laws and policies.

Whether one agrees with it or not, all people can be issued a marriage licenses to marry one non-related adult of the opposite sex (previously of the same race) is equal treatment as far as the Constitution and Supreme Court should be concerned. Policy is for the people, legislature and the states to decide.

Last edited by mtl1; 06-29-2015 at 03:10 PM..
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Old 06-29-2015, 03:13 PM
 
4,529 posts, read 5,139,994 times
Reputation: 4098
The bombast is tiring. Our government often makes decisions and enacts policy that one side or the other doesn't agree with. Can we stop with the sky is falling BS every time something like this happens?

Ever hear of the Boy Who Cried Wolf? What was the moral of that story?
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Old 06-29-2015, 04:00 PM
 
Location: San Marcos, CA
674 posts, read 611,866 times
Reputation: 792
Quote:
Originally Posted by mtl1 View Post
And it wasn't the Supreme Court's proper authority to rule that either. The 14th amendment does not speak to marriage. If all races were not issued inter-racial marriage license, then that is equal treatment. That was a policy decision reserved for the voters, legislature and the State to decide.

The constitution and the 14th amendment does not address marriage laws or miscegenation or homosexual laws any more than it speaks to incest, polygamy, pedophilia etc legislation nor put that decision in judges' hands. That is a state, people, and legislature policy decision. The judiciary is not supposed to invent rights nor policy. Neither for that matter is the executive, as Obama like to create a lot of new laws and policies.

Whether one agrees with it or not, all people can be issued a marriage licenses to marry one non-related adult of the opposite sex (previously of the same race) is equal treatment as far as the Constitution and Supreme Court should be concerned. Policy is for the people, legislature and the states to decide.
This is called grasping at straws.

Read Kennedy's brief. The laws in question in Loving weren't about some concept of interractial marriage. They were about marriage. Marriage is a right that was, at one point, not extended to everyone, and by the 14th Amendment, that was unconstitutional. So, the Supreme Court fixed things.

Your view that marriage discrimination is somehow equal treatment is, frankly, ridiculous. A gay person's right to marry someone of the opposite sex is not the same as a straight person's right to do so, since the straight person is able to marry and form a family, the building block of our social structure and something that benefits everyone. Gay people were, for a long time, denied that; even if they were allowed to marry people to whom they'd never be attracted, that would be a gross miscarriage of justice. Everyone knew this was coming.

We've known for a long time that states aren't allowed to violate the Constitution, either.
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Old 06-29-2015, 04:09 PM
 
19,966 posts, read 7,881,487 times
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Quote:
Originally Posted by OwlAndSparrow View Post
This is called grasping at straws.

Read Kennedy's brief. The laws in question in Loving weren't about some concept of interractial marriage. They were about marriage. Marriage is a right that was, at one point, not extended to everyone, and by the 14th Amendment, that was unconstitutional. So, the Supreme Court fixed things.

Your view that marriage discrimination is somehow equal treatment is, frankly, ridiculous. A gay person's right to marry someone of the opposite sex is not the same as a straight person's right to do so, since the straight person is able to marry and form a family, the building block of our social structure and something that benefits everyone. Gay people were, for a long time, denied that; even if they were allowed to marry people to whom they'd never be attracted, that would be a gross miscarriage of justice. Everyone knew this was coming.

We've known for a long time that states aren't allowed to violate the Constitution, either.
This is false. Gay people (along with asexuals, polygamist, pedophiles, incestuous etc) could marry the same way and have the same rights as everyone else under traditional marriage.

The point is you are arguing policy. Policy is supposed to be in the hands of the people, legislature and the state, not in the hands of 5 unelected federal lawyers (or the main media).

Last edited by mtl1; 06-29-2015 at 04:22 PM..
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Old 06-29-2015, 04:10 PM
 
27,156 posts, read 15,330,669 times
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Quote:
Originally Posted by Hyperthetic View Post
"Gay marriage" is like "quadriplegic pole vaulter" - the words contradict the meanings.


Yep, counterfeit.
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Old 06-29-2015, 04:13 PM
 
Location: Middle of nowhere
24,260 posts, read 14,217,920 times
Reputation: 9895
Quote:
Originally Posted by mtl1 View Post
This is false. Gay people (along with asexuals, polygamist, pedophiles, incestuous etc) could marry the same way and have the same rights as everyone else under traditional marriage.

The point is you are arguing policy. Policy is supposed to be in the hands of the people, legislature and the state, not in the hands of 5 unelected lawyers.
And blacks had the same right to marry someone of their own race just like whites. Right?

How many times are you guys going to trot that one out and get slapped down on it?
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Old 06-29-2015, 04:17 PM
 
19,966 posts, read 7,881,487 times
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Quote:
Originally Posted by jjrose View Post
And blacks had the same right to marry someone of their own race just like whites. Right?
After the 14th amendment of 1868, Right.

Quote:
How many times are you guys going to trot that one out and get slapped down on it?
Wrong
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Old 06-29-2015, 04:18 PM
 
27,156 posts, read 15,330,669 times
Reputation: 12078
Quote:
Originally Posted by MTAtech View Post
As it should be. Judges shouldn't be impeached because someone disagrees. In these two cases, most people agree.

No, they don't.
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Old 06-29-2015, 04:21 PM
 
Location: Upper Kirby, Houston, TX
1,347 posts, read 1,822,443 times
Reputation: 1018
Quote:
Originally Posted by bluesjuke View Post
No, they don't.
https://en.wikipedia.org/wiki/Public...#Polls_in_2015

Most recent polls cited from various sources show that there is roughly a 60% approval rating for same sex marriage in the US, which is easily a majority, and a far higher percentage than what the approval rating was for marriage when Loving vs Virginia was ruled on.
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