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Old 12-02-2012, 10:13 AM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,067,590 times
Reputation: 10356

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Quote:
Originally Posted by jazzarama View Post
The point being the SC is as likely to use rational basis or intermediate scrutiny review as strict scrutiny.
Your point is incorrect, however. While there is a small chance that the rational basis could be applied, the evidence we have so far, to go along with the overall opinion of the legal community, is that the intermediate scrutiny test is the one likely to be applied over the other two.

 
Old 12-02-2012, 10:15 AM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,067,590 times
Reputation: 10356
Quote:
Originally Posted by JobZombie View Post
Loving v. Virginia involved a man and a woman heterosexual couple.
Which is irrelevant. The legal reasoning for overturning bans on interracial marriage can be applied to same sex marriage.
 
Old 12-02-2012, 10:19 AM
 
11,186 posts, read 6,506,034 times
Reputation: 4622
Quote:
Originally Posted by Bosco55David View Post
Your point is incorrect, however. While there is a small chance that the rational basis could be applied, the evidence we have so far, to go along with the overall opinion of the legal community, is that the intermediate scrutiny test is the one likely to be applied over the other two.
You've changed your mind since post 22, when you wrote--- 'the SCOTUS is likely to apply the strict scrutiny model...'
 
Old 12-02-2012, 10:22 AM
 
26,680 posts, read 28,670,280 times
Reputation: 7943
I find it amusing that the people who are against same-sex marriage still have their panties all in a bunch over it. Several states have legalized it, and the world hasn't collapsed. But they still just can't stand the fact that they're not able to control others. That's really what it comes down to: Control.

Many of these same conservatives lecture us about freedom and liberty, yet they spend an awful lot of time trying to restrict the freedom and liberty of everyone around them.
 
Old 12-02-2012, 10:42 AM
 
2,677 posts, read 2,616,694 times
Reputation: 1491
When SCOTUS rules that SSM is constitutionally protected, a lot of religious fanatics and social conservatives heads are going to explode. I hope I am in a location that I can see that happen!
 
Old 12-02-2012, 11:08 AM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,067,590 times
Reputation: 10356
Quote:
Originally Posted by jazzarama View Post
You've changed your mind since post 22, when you wrote--- 'the SCOTUS is likely to apply the strict scrutiny model...'
Simple 4:00 AM typo.
 
Old 12-02-2012, 12:02 PM
 
Location: Here
2,887 posts, read 2,634,911 times
Reputation: 1981
Quote:
Originally Posted by Bosco55David View Post
Which is irrelevant. The legal reasoning for overturning bans on interracial marriage can be applied to same sex marriage.
Wrong.

The Supreme Court needs to hear a case involving a homosexual couple, interracial or otherwise, in order to set an applicable precedent. The Loving v. Virginia case involved a man and a woman and had absolutely nothing, zero, to do with homosexuality.



 
Old 12-02-2012, 12:47 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,067,590 times
Reputation: 10356
Quote:
Originally Posted by JobZombie View Post
Wrong.

The Supreme Court needs to hear a case involving a homosexual couple, interracial or otherwise, in order to set an applicable precedent. The Loving v. Virginia case involved a man and a woman and had absolutely nothing, zero, to do with homosexuality.



Are you reading a different conversation here? I clearly stated that the legal reasoning used in the Loving case is applicable to gay marriage and can be used to set that precedent.
 
Old 12-02-2012, 01:08 PM
 
15,706 posts, read 11,772,641 times
Reputation: 7020
Quote:
Originally Posted by JobZombie View Post
Wrong.

The Supreme Court needs to hear a case involving a homosexual couple, interracial or otherwise, in order to set an applicable precedent. The Loving v. Virginia case involved a man and a woman and had absolutely nothing, zero, to do with homosexuality.



False. The Court made their ruling on the basis of there being no governmental interest that is strong enough to justify denying a marriage license on the basis of a protected class. Race is a protected class. But so is sex. The Court has no compelling reason to ban marriages on the basis of a spouse's sex.

It's perfectly applicable to Loving's ruling. In fact, I can take the court's opinion, change only a single word, and it will make perfect sense in the context of SSM.

Last edited by CaseyB; 12-03-2012 at 05:21 AM.. Reason: personal attack
 
Old 12-02-2012, 01:32 PM
 
Location: Somewhere Out West
2,287 posts, read 2,588,148 times
Reputation: 1956
Quote:
Originally Posted by DentalFloss View Post
When SCOTUS rules that SSM is constitutionally protected, a lot of religious fanatics and social conservatives heads are going to explode. I hope I am in a location that I can see that happen!
I want video - would make a great sermon for one of my Sunday services. Whackjobs and Bigots explode in fury. Oh could I have fun with that.
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