Breaking: Utah's Same-Sex Marriage Ban Struck Down by Federal Judge (examples, education)
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At this moment, states are drafting up state constitutional wording guaranteeing the 2nd Amendment right to keep and bear arms to stop federal intrusions. I expect such constitutional drafting to be done to preserve traditional marriage. This isn't over. Pearl Harbor has happened, but the Battle of Midway is yet ahead. This is a states rights battle.
The powers reserved to the states or the people by the Tenth Amendment are nevertheless subject to the provisions of due process and equal protection under the Fourteenth Amendment. State law does not trump federal supremacy. State laws that violates due process and equal protection guaranteed under the Fourteenth Amendment are unconstitutional and may be invalidated and their enforcement enjoined by the federal courts pursuant to the judicial power granted under Article III, Sections 1 and 2 of the United States Constitution.
As for the decision of the district court, I think, as one poster put it, supra, "the writing’s on the wall." Judge Shelby has denied the state’s request for a stay pending appeal; and I don’t foresee the Tenth Circuit Court of Appeals reversing the district court ruling on either substantive or procedural grounds. And, considering the recent decision of the Supreme Court striking down the discriminatory provisions of the Defense of Marriage Act in United States v. Windsor, I doubt that the court would grant certiorari on further appeal of the case. The writing is indeed on the wall in this case, and others to come.
The powers reserved to the states or the people by the Tenth Amendment are nevertheless subject to the provisions of due process and equal protection under the Fourteenth Amendment. State law does not trump federal supremacy. State laws that violates due process and equal protection guaranteed under the Fourteenth Amendment are unconstitutional and may be invalidated and their enforcement enjoined by the federal courts pursuant to the judicial power granted under Article III, Sections 1 and 2 of the United States Constitution.
As for the decision of the district court, I think, as one poster put it, supra, "the writing’s on the wall." Judge Shelby has denied the state’s request for a stay pending appeal; and I don’t foresee the Tenth Circuit Court of Appeals reversing the district court ruling on either substantive or procedural grounds. And, considering the recent decision of the Supreme Court striking down the discriminatory provisions of the Defense of Marriage Act in United States v. Windsor, I doubt that the court would grant certiorari on further appeal of the case. The writing is indeed on the wall in this case, and others to come.
It ain't over till the fat lady sings. She's doing her throat warm up exercises right now.
There are a lot of gays who want to remain practicing Mormons, but can't come out or they will be excommunicated. Those who have come out, and were excommunicated, have formed several groups to pressure the church.
Actually, they can come out as gay and still be members of the Church in good standing. They just have to commit to celibacy. Obviously not an easy thing.
You may want to discuss you r opinion on the subject with the supreme court, because they seem to think marriage is a fundamental right. In fact they have thought marriage was a right in 14 separate cases so far.
But I'm sure you know more about the law than supreme court justices.
It creates chaos when unelected men in black robes who are not accountable to the public dictate to the people their own tyrannical fiats.
Judges interpret the law, period. And, unlike Legislators, there are many levels of judicial review which have increasing powers to uphold a law. Don't be so stupidly obtuse, Harrier.
The fact is our Legislators have none of the checks and tests in their law writing our judges have. They can pass any half-baked law they like, willy nilly, and no judge has ever written any law while seated on the bench.
The notion that judges make laws is nothing but old stupid conservative sewage that came from ignorance. The smart conservatives figured out long ago that the powers of interpretation are as important as legislation. That's why there is a never ending battle to stack the courts with conservatives.
It's pointless to debate morality with you because you reject the real book on morals, the Bible, but I will state that the polls are manipulated and skewed and do not accurately reflect the will of the people in America.
This is what the judge was getting at. He said there is no rational reason to deny gays the right to marry. He's right; it always comes back to being based on religion, and wanting to impose that religion's ruleset upon everyone.
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