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Subject: on prop 8 dismissal and state sovereignty
buzzard    8/6/2010 9:43:49 AM
h--p://www.aolnews.com/opinion/article/opinion-for-same-sex-marriage-opponents-a-catch-22-with-the-prop-8-ruling/19581965
 
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YelliChink       8/6/2010 10:27:56 AM
The idiocracy related to Proposition 8 is astounding.
 
The ban of homsexual marriage violates US Constitution? Hello?
 
This is ridiculous. The definition of marriage is indeed within state's power, and certainly not federal business.
 
However, there is an even bigger problem in judicial system. Moonbats in the litigation industry think they can make laws from the bench. Just wait until they have majority in SCOTUS, then we're doomed.
 
 
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RockyMTNClimber    The only thing that matters in the Constitution...   8/7/2010 8:26:16 AM
 
By the modern USG interpretation of the US Constitution the "Commerce Clause" trumps any other right of a person, state, or other legal entity such as a corporation.Why then did we/they bother to write all of those other clauses, provisions, and amendment? They could have just covered it in one sentence: "The Federal Gov't may do what ever it wishes because of the need for a Commerce Clause".
 
I wonder how many of our founding fathers would have signed that.......
 
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eldnah       8/7/2010 11:00:49 AM
The Prop 8 overrule and the AZ law gutting were handed down by members of the 9th Circuit Court, the most overturned. What did anyone expect? These will eventually go before the SCOTUS. These are only the preliminary steps in the great American legal fandango.
 
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LB    14   8/7/2010 9:52:29 PM
Whether one is for or against gay marriage it's a tad silly to act like the 14th Amendment Equal Protection Clause, which specifically exists to enforce states treating everyone the same (see Brown V Board of Education and myriad other case histories), does not exist.
 
I agree the "modern" case law vis a vis the Commerce Clause is obscene.  That does not preclude a legal ruling that marriage is a "right" or in fact merely a contract that everyone is equally entitled to under the 14th Amendment.
 
Frankly whatever the Supreme Court rules near term it's really inevitable that eventually gay marriage will be legal.  Banning it is discriminatory.  Many of those against gay marriage acknowledge this of course but argue it's proper discrimination for a whole host of reasons.  It's not a long term winning argument.  Everyone is just going to eventually have to  accept it's none of their business who consenting adults sleep with however they feel about it personally or just keep walking around angry.
 
States do not have any right whatsoever to violate the US Constitution.  Frankly as one who strongly supports states rights this is a poor area of law to hold up in support of states rights.
 
As an aside, not that it should matter, but I've been active in the Republican party for over 25 years.
 
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YelliChink       8/7/2010 10:36:47 PM


Frankly whatever the Supreme Court rules near term it's really inevitable that eventually gay marriage will be legal.  Banning it is discriminatory.
 


You need to understand that most homosexuals have no interest in marriage. Homosexual behavior, despite MFM propaganda, is more promiscuous than you can imagine. Promiscuity is the nature of homosexuality. The whole thing is a false agenda. This is not about equality of discriminatory. No one is suffering from lack of equal rights or discrimination before the whole false agenda took off and forced fed to the public.
 
 The goal of the whole travesty is not about homosexuals. The converse has been achieved. The actual goal of such movement is to destroy traditional family as basic building brick of a traditional society. Once you break the family, individuals are atomized to face the institution of a society: government. There is nothing in between, and there is nothing to detach individuals from the government. All Hail the Brave New World.
 
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Panther       8/7/2010 10:59:53 PM
Sad. Quite sad. Gay marriage or anti gay marriage i could care less over the outcome.What always bugs the hell out of me though is the US Constitution and the law being only applicable when it's suits their needs and an argued hindrance when it does not... and only then does it become a living breathing thing open to interpretation, voters be d@mned! Especially in light of the Arizona controversy, they do not have a d@mned leg too stand on. (Those who are actively campaigning against Arizona that is) The F#&king hypocrisy of this is amazing!
 
I hope we throw all the hypocritical bums out in 2010 and 2012! Please, please, please, please.....
 
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tigertony       8/8/2010 9:33:43 AM






Frankly whatever the Supreme Court rules near term it's really inevitable that eventually gay marriage will be legal.  Banning it is discriminatory.

 







You need to understand that most homosexuals have no interest in marriage. Homosexual behavior, despite MFM propaganda, is more promiscuous than you can imagine. Promiscuity is the nature of homosexuality. The whole thing is a false agenda. This is not about equality of discriminatory. No one is suffering from lack of equal rights or discrimination before the whole false agenda took off and forced fed to the public.


 

 The goal of the whole travesty is not about homosexuals. The converse has been achieved. The actual goal of such movement is to destroy traditional family as basic building brick of a traditional society. Once you break the family, individuals are atomized to face the institution of a society: government. There is nothing in between, and there is nothing to detach individuals from the government. All Hail the Brave New World.


 
 
  
Why Homosexual Mariages Should Be Banned

A battle has been in progress for years over whether equal rights and equal protection against discrimination should be extended to homosexuals. Recently this has expanded into the area of marriage. The topic of homosexual marriages is a prevalent issue today. Even in the nation's capital, representatives are finding ways to make this alliance unlawful. This topic has been debated bringing up many valid points, but the fact of the matter is that homosexual marriages are wrong and we, as a country, should not condone such acts. Marriage is the institution whereby men and women are joined in a special kind of social and legal dependence for the purpose of founding and maintaining a family. Although some same sex marriages may be capable of coping financially, the negative influence on children raised in their household has been statistically proven. Not only would same sex families deal with negative connotations in terms of their children, but also most religions in North America frown upon the union of same sex relationships and restrict marriage to one man and one woman. Many critics hold opposing views, arguing that same sex marriages harm no one and that to deny them the right to marry is unconstitutional. First and foremost, we as a society must think of our future when an issue such as homosexuality comes in to play. In no way can one change someone's sexual orientation, but it is proven that homosexuality in the household can be detrimental to a child's upbringing. . According to Debra Busher, an expert on child psychology, Sexual orientation of a parent is critical to the upbringing of a child. Society is based on the ideal of having heterosexual parents, and it goes against values for same sex parents to raise children. Having homosexual parents is also a major stressor for a child due to society's norms and values- it can cause embarrassment and abnormal feelings. Children who are raised in ?alternative family lifestyles', are more likely to engage in drugs and have negative feelings towards their parents and themselves, than children raised by normal families. To allow an act such as homosexual marriages to continue, it displays that we have blatant disrespect for our children's future. To ensure that the United States remains successful, and remains the prominent leader of the world, we must first take care of our children. Banning homosexual marriages can do this; it will lessen the amount of improper behavior our children see and imitate. Many people believe God created man and woman with the intentions to bear children. In addition, they stress the absence of homosexuality in the Bible. Critics of homosexual marriages regard homosexuality as an abnormal behavior according to the Christian faith, which is the dominant religion in the United States. Homosexuality has been seen as an unacceptable lifestyle and those who practice it are prone to receive criticism if not outright hostility. Most respectable ministers would refuse to marry two people of the same sex, limiting the coupl
 
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LB       8/8/2010 4:56:20 PM
I accept that what you outline below is an argument being used against gay marriage.  I've heard it many times.  It's a tad inconsistent.  Exactly how does gay marriage diminish traditional marriage?  If so few gays are going to want to get married why all the fuss over those few that do?
 
Some things can not be imposed but only accepted.  Guilt is one.  One can not make another person feel guilty if they choose not feel guilty.  You can not make my marriage of less value, less importance, less sanctified, or any other thing unless I choose to feel so.
 
Marriage legally is merely a legal contract granting certain rights and privileges to those concerned.  Not granting these rights and privileges to gay people is discriminatory or is going to eventually be seen as such.  This need not impact one's religious views on marriage nor does it mean any religious group is going to be forced to marry anyone.
 
Even without gay marriage eventually you're going to see just about every right and privilege granted to gay people under civil unions.  At some point it's going to be a distinction without a difference from marriage but it will be seen as separate and unequal under the 14th Amendment.  It's inevitable.





Frankly whatever the Supreme Court rules near term it's really inevitable that eventually gay marriage will be legal.  Banning it is discriminatory.

 







You need to understand that most homosexuals have no interest in marriage. Homosexual behavior, despite MFM propaganda, is more promiscuous than you can imagine. Promiscuity is the nature of homosexuality. The whole thing is a false agenda. This is not about equality of discriminatory. No one is suffering from lack of equal rights or discrimination before the whole false agenda took off and forced fed to the public.


 

 The goal of the whole travesty is not about homosexuals. The converse has been achieved. The actual goal of such movement is to destroy traditional family as basic building brick of a traditional society. Once you break the family, individuals are atomized to face the institution of a society: government. There is nothing in between, and there is nothing to detach individuals from the government. All Hail the Brave New World.


 
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LB    It's Wrong   8/8/2010 5:17:13 PM
The Constitution of the United States is organized to protect the rights of minorities and make it difficult to create a tyranny of the majority.  Anyone wishing to disagree had better have a copy of the Federalist Papers handy for me to respond.
 
Because one views being gay as wrong does not allow you to legally discriminate against gays.  Not reading to your children is wrong.  In fact I'd argue that's a LOT more wrong than being gay.  In fact I don't think you should be allowed to have legal custody of children you will not properly raise and furthermore I think this is far more important than restricting marriage- an institution where couples are more likely to properly raise children than not.
 
The country, or individuals, should not condone a whole host of things.  That doesn't mean we need to discriminate against all of these things.  We don't condone being an alcoholic but it's legal to be one.  You are perfectly entitled to all manner of self destructive and/or "wrong" things.
 
The only real weapon against Islamic Fundamentalism is tolerance.  If we are going to tell Muslims they have no right to violence in response to cartoons they feel are "wrong" then how does that mesh with having out own list of "wrongs" imposed by the state?  It doesn't.  Tolerance means you put up with various things you might personally view as "wrong".  It's the essence of modern society.
 
In any case I find all these nanny state issues quite tiring but especially when it's applied inconsistently.  So it's ok Nanny to say you can't get married or smoke pot but it's a travesty when Nanny says you must purchase health care?













 





















 



 




 

 

  

Why Homosexual Mariages Should Be Banned



 but the fact of the matter is that homosexual marriages are wrong and we, as a country, should not condone such acts.
 
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YelliChink       8/8/2010 10:58:20 PM

I accept that what you outline below is an argument being used against gay marriage.  I've heard it many times.  It's a tad inconsistent.  Exactly how does gay marriage diminish traditional marriage?  If so few gays are going to want to get married why all the fuss over those few that do?

 

Some things can not be imposed but only accepted.  Guilt is one.  One can not make another person feel guilty if they choose not feel guilty.  You can not make my marriage of less value, less importance, less sanctified, or any other thing unless I choose to feel so.

 



Then convince me why marriage should be between two individuals?
 
Why not three, four or eight?
 
Then why bother have marriage at all?
 
Without strict definition of marriage, family is meaningless. 
 
Homosexuality is a life style, not minority. 
 

 
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