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Old 07-14-2017, 04:55 AM
 
11,185 posts, read 6,522,111 times
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Quote:
Originally Posted by ChiGeekGuest View Post
You're correct in saying there are quotes contained in the pages & pages of Supreme Court cases documented in the links provided, which support a particular position, isn't that the point of having a case heard? What's your point? Are these interrelated issues 'settled' & therefore deserve no hearing or review? On whose authority?

To clarify my gist or drift, some folks use words (from religious texts to the words of the US Constitution, & so on), evidence, facts, figures, diagrams, schematics, statistics, etc. much like a drunkard uses a lamppost ~ rather than using the light for its intended purpose i.e. for illumination &/or to light them on their way ~ drunkards cling to lampposts for support & often to conceal their instability or unsteadiness of position.

If you catch my drift.
It's far from settled, I'm glad the SC took the case now instead of waiting as long as it did with the marriage issue.

I was trying to show that prior decisions aren't clear-cut, even within each ruling, and sort of go back and forth on what constitutes unconstitutional imposition on religious freedom. I'd bet that the decision on this case will have majority and minority decisions citing the same cases to support whichever ruling they want before the case is heard.
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Old 07-14-2017, 05:02 AM
 
Location: the very edge of the continent
89,291 posts, read 45,002,798 times
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Quote:
Originally Posted by jazzarama View Post
It's far from settled, I'm glad the SC took the case now instead of waiting as long as it did with the marriage issue.

I was trying to show that prior decisions aren't clear-cut, even within each ruling, and sort of go back and forth on what constitutes unconstitutional imposition on religious freedom. I'd bet that the decision on this case will have majority and minority decisions citing the same cases to support whichever ruling they want before the case is heard.
The hurdle in this case is the fact that the ACLU filed on behalf of the same sex couple in CO state court citing state law. They did so because due to the US Constitution's Supremacy Clause and the fact that LGBT status is not a Federally Protected Class under the Civil Rights Act, they had no grounds to file in Federal Court.

Well, now the case is being heard in Federal Court. So, Constitutional Rights and Federal Law will supercede CO state law.
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Old 07-14-2017, 07:14 AM
 
29,556 posts, read 9,768,374 times
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Quote:
Originally Posted by PedroMartinez View Post
We are talking about government not voluntary contacts between people.

You just seem to love the idea of a government that has complete control over everyone.
Hard to believe...

I don't love anything about government other than as it serves "we the people," and we the people turn to government to establish these laws and enforce these contracts, that are only written because the voluntary handshake doesn't work.

You just seem to love the idea of a government that is some sort of boogey man all of it's own making, somehow untethered and with no purpose other than to control everyone, out to get you. Your bunker well stocked?
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Old 07-14-2017, 07:20 AM
 
29,556 posts, read 9,768,374 times
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Quote:
Originally Posted by jazzarama View Post
It's far from settled, I'm glad the SC took the case now instead of waiting as long as it did with the marriage issue.

I was trying to show that prior decisions aren't clear-cut, even within each ruling, and sort of go back and forth on what constitutes unconstitutional imposition on religious freedom. I'd bet that the decision on this case will have majority and minority decisions citing the same cases to support whichever ruling they want before the case is heard.
True, and very interesting, much like the question whether a gay couple can get married. Remember when such a question didn't even exist?
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Old 07-14-2017, 07:23 AM
 
11,185 posts, read 6,522,111 times
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Quote:
Originally Posted by InformedConsent View Post
The hurdle in this case is the fact that the ACLU filed on behalf of the same sex couple in CO state court citing state law. They did so because due to the US Constitution's Supremacy Clause and the fact that LGBT status is not a Federally Protected Class under the Civil Rights Act, they had no grounds to file in Federal Court.

Well, now the case is being heard in Federal Court. So, Constitutional Rights and Federal Law will supercede CO state law.
You actually think that state courts don't analyze constitutional issues and federal law when deciding cases resulting from state law ?

How about doing a favor for yourself and everyone who thinks your Supremacy Clause/Protected Class arguments are nonsense. Find a link to one prior case where anyone defending a baker, florist, hotel, or other business used those arguments. I'd settle for a link to a constitutional lawyer who uses those arguments.

Maybe you think the terms Constitutional Rights and Supremacy Clause are interchangeable
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Old 07-14-2017, 07:31 AM
 
Location: the very edge of the continent
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Quote:
Originally Posted by jazzarama View Post
You actually think that state courts don't analyze constitutional issues and federal law when deciding cases resulting from state law ?
Judges hand down flawed decisions all the time. Just look at how many times the 9th Circuit's rulings have been reversed.
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Old 07-14-2017, 08:38 AM
 
29,556 posts, read 9,768,374 times
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Quote:
Originally Posted by InformedConsent View Post
Judges hand down flawed decisions all the time. Just look at how many times the 9th Circuit's rulings have been reversed.
"All the time?" You sound like Trump!

At least we're not simply repeating ourselves anymore...

Just FYI, less than HALF A PERCENT of Ninth Circuit Court rulings have been reviewed by the Supreme Court, and of THOSE exceptionally few cases, a little over half were reversed.

Given your argument(s), I suspect you think the odds of winning the lottery are also good. After all, people win the lottery "all the time" as well!
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Old 07-14-2017, 08:43 AM
 
Location: the very edge of the continent
89,291 posts, read 45,002,798 times
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Quote:
Originally Posted by LearnMe View Post
"All the time?" You sound like Trump!
Objective analysis:
https://www.americanbar.org/content/...thcheckdam.pdf
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Old 07-14-2017, 09:12 AM
 
11,185 posts, read 6,522,111 times
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Quote:
Originally Posted by InformedConsent View Post
Judges hand down flawed decisions all the time. Just look at how many times the 9th Circuit's rulings have been reversed.
Another so what. Federal courts, state courts get reversed. The SC reverses itself. You keep making a big deal over this case being in a state court. Apparently, you don't know that state courts deal with the U.S. Constitution and federal law.

I see you avoided what I asked about links to any cases or legal authority [other than yourself] which think the Supremacy Clause/Federal Protected Classes will be relevant to a ruling in this case.
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Old 07-14-2017, 09:35 AM
 
Location: the very edge of the continent
89,291 posts, read 45,002,798 times
Reputation: 13768
Quote:
Originally Posted by jazzarama View Post
Another so what. Federal courts, state courts get reversed.
Exactly.

1) The baker has First Amendment Rights.

2) Religion is a Federally Protected Class under the Federal Civil Rights Act, LGBT status is not.

3) The Constitution's Supremacy Clause confirms that state laws are superceded by Federal Laws and the US Constitution.
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