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Old 10-07-2020, 02:04 PM
 
Location: Wisconsin
37,971 posts, read 22,151,621 times
Reputation: 13801

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Quote:
Originally Posted by Chicano3000X View Post
https://www.reuters.com/article/us-u...rce=reddit.com

Guess live and let live is too much for some people...
No, we need to resolve social issues ourselves, not thru the courts. We did not just suffice with SCOTUS rulings on slavery, voting, civil rights, etc... If you know history, it was the SCOTUS who upheld slavery, racial discrimination in both marriage and the racial injustice of day to day living. Thank god the courts do not have the last say!

Abortion laws, marriage laws, they need to be resolved by the states, that is how our system of government works. The SCOTUS should not be making law, but that was what they did with marriage, abortion and even the ACA.

 
Old 10-07-2020, 02:04 PM
 
19,966 posts, read 7,873,534 times
Reputation: 6556
Quote:
Originally Posted by jjrose View Post
It was applied to Loving v Virginia. Was that ruling incorrect?
Even if you go back to the ruling in the Plessy case the supreme court said that the 14th amendment only applied to political and civil rights. Nothing about criminal law.
What I'm saying is the Court didn't stay with its own long precedent or to the original meaning and intent of the 14th amendment. So whether or not it was the "right" thing to do, it was incorrect for the Court to be the one doing it.
 
Old 10-07-2020, 02:08 PM
 
9,324 posts, read 16,665,015 times
Reputation: 15775
"The Supreme Court extended workplace protections nationwide last week for the LGBTQ community, ruling 6-3 that a landmark civil rights law barring sex discrimination in the workplace applies to gay, lesbian and transgender workers.

But the court's majority, led by conservative Associate Justice Neil Gorsuch, did not close the door on religious exemptions, saying "other employers in other cases may raise free exercise arguments that merit careful consideration."

I don't believe they will try to overturn the ruling, only bring up the issue about religious exemptions, where people refuse to marry gay couples or provide a wedding venue, etc. because of their religious beliefs.
 
Old 10-07-2020, 02:12 PM
 
Location: East Lansing, MI
28,353 posts, read 16,381,866 times
Reputation: 10467
Quote:
Originally Posted by mtl1 View Post
There is no basis for homosexuality to be protected by or under any law without assuming it is a protected classification. The constitution doesn't require sexual orientation to be protected either way. It's a legislative option.
Again, you don't understand the decision.
 
Old 10-07-2020, 02:16 PM
 
19,966 posts, read 7,873,534 times
Reputation: 6556
Quote:
Originally Posted by hooligan View Post
Again, you don't understand the decision.
No you don't understand it or want to admit, the decision assumes being of homosexual orientation is a classification protected by the Constitution.
 
Old 10-07-2020, 02:24 PM
 
Location: East Lansing, MI
28,353 posts, read 16,381,866 times
Reputation: 10467
Quote:
Originally Posted by mtl1 View Post
No you don't understand it or want to admit, the decision assumes being of homosexual orientation is a classification protected by the Constitution.
No, it doesn't. Period.

I've already explained it, as has jjrose. Their ruling is based on sex, not sexual orientation. Sex is a federally protected class via legislation.
 
Old 10-07-2020, 02:26 PM
 
17,302 posts, read 12,251,233 times
Reputation: 17261
Quote:
Originally Posted by mtl1 View Post
No you don't understand it or want to admit, the decision assumes being of homosexual orientation is a classification protected by the Constitution.
You need to read it again.
"this Court has invoked equal protection principles to invalidate laws imposing sex based inequality on marriage"

What even is a sexual orientation if you are not making a sex based judgement to begin with?
 
Old 10-07-2020, 02:32 PM
 
Location: East Lansing, MI
28,353 posts, read 16,381,866 times
Reputation: 10467
Quote:
Originally Posted by notnamed View Post
You need to read it again.
"this Court has invoked equal protection principles to invalidate laws imposing sex based inequality on marriage"

What even is a sexual orientation if you are not making a sex based judgement to begin with?
It's a nuanced distinction, as are so many things in law.

The Court didn't say it was unconstitutional to prohibit homosexuals from getting married. They said it was unconstitutional to prohibit two men, or two women, from entering into a contract (marriage) that you allow a man and a woman to enter into. That is obviously discriminating against the sex of one of the parties in question.
 
Old 10-07-2020, 02:33 PM
 
Location: Wisconsin
37,971 posts, read 22,151,621 times
Reputation: 13801
Quote:
Originally Posted by notnamed View Post
You need to read it again.
"this Court has invoked equal protection principles to invalidate laws imposing sex based inequality on marriage"

What even is a sexual orientation if you are not making a sex based judgement to begin with?
Besides, most every state was moving to write laws to accommodate same sex marriages. If the courts had just left it alone, most every state would have same sex marriage laws today.
 
Old 10-07-2020, 02:35 PM
 
Location: East Lansing, MI
28,353 posts, read 16,381,866 times
Reputation: 10467
Quote:
Originally Posted by Wapasha View Post
Besides, most every state was moving to write laws to accommodate same sex marriages. If the courts had just left it alone, most every state would have same sex marriage laws today.
There are federal rights, privileges and protections implicit with being legally married, though. State marriage laws do nothing to address those.
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