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The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

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Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

Section 2 (which I understand is before the courts somewhere) is the section that says that State A does not have to recognize a marriage that occurs in State B?? But does Loving sort of put the kibosh to that line of reasoning??

I'm an accountant, not a lawyer.

The simplest remedy to me is for Congress to kill the whole DOMA with a quick vote. IMO, it's an easy pass.

The only thing in Congress that is an easy pass is the Congressional pay raise.
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

I agree, it seems the easiest way to cut out a lot of this courtroom mess is to kill DOMA. It seems like Section 2 would get killed in court pretty quickly anyway.

Or, they try to bring back the Constitutional amendment that defines marriage. However, given the number of states that have made same-sex legal, good luck getting 3/4 of legislatures to back that.
 
Or, they try to bring back the Constitutional amendment that defines marriage. However, given the number of states that have made same-sex legal, good luck getting 3/4 of legislatures to back that.
Yeah, I don't see that getting through enough states.
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

Yeah, I don't see that getting through enough states.

The only way I could see it is if the GOP picks up a super-majority in all three and then threatens states with lower highway funds if they don't ratify, and then try to justify it by saying the couples are using the highways to cross state lines in order to get married.
 
The only way I could see it is if the GOP picks up a super-majority in all three and then threatens states with lower highway funds if they don't ratify, and then try to justify it by saying the couples are using the highways to cross state lines in order to get married.
Or they could call for a Constitutional Convention, stack the delegates and slip it in that way.
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

Big win for the nation's divorce attorneys today. I read somewhere that Jane Lynch and her partner are getting divorced after three years of marriage.

It will be interesting to see the studies that inevitably will come out five or ten years from now that compare divorce rates among same-sex couples to those among heterosexual couples for marriages of equal duration.

You'd think that anyone who truly cared about "defense of marriage" would look far more deeply at the issues that lead to the disintegration of the marital union and very much less about the sexual orientation of those involved.
 
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Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

Amusing that the same knucks' who were lionizing the court for overturning part of the VRA are now openly weeping in the streets over them striking down DOMA. What's that expression about what goes around comes around...

Regarding states, couldn't you just go back to the state you were married in to get your divorce? That might solve one point of confusion. For taxes you'd have to file two different returns for state and feds if your state didn't allow the marriage.
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

"The act itself"??? What exactly are you talking about here? Do you think there's only one homosexual "act"? Is it somehow a secret "act" that heterosexual parents don't know about and therefore can't teach their kids about? Or perhaps homosexual parents demonstrate this mysterious "act" for their kids to turn them gay? Is this "act" the same for gay male couples and for lesbian couples?

FlagDude: you've found the time to post 5 times since I posed these questions. No time for me?
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

FlagDude: you've found the time to post 5 times since I posed these questions. No time for me?

You're counting? :p

I think we have a general vs. specific difference here. I'm not referring to any one specific act being done, but rather any sorts of ideas, thoughts, or actions of homosexuality that differ from the proceedings of heterosexuals. That is, the defining characteristics of homosexuality. Perhaps there's a better word; I didn't go to an ivy league school so I don't know your fancy terminology. :p
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

You're counting? :p

I think we have a general vs. specific difference here. I'm not referring to any one specific act being done, but rather any sorts of ideas, thoughts, or actions of homosexuality that differ from the proceedings of heterosexuals. That is, the defining characteristics of homosexuality. Perhaps there's a better word; I didn't go to an ivy league school so I don't know your fancy terminology. :p
My apologies - you refered to the "act itself" so I hope you can forgive me for somehow thinking that you might be referring to a singluar, specific act. So, setting that aside, we're back to your premise that homosexuality will die out if we just keep gay parents from passing any sort of gay "ideas or thoughts" on to their kids, because heterosexual parents surely won't produce enough gay kids to sustain the gay population. Let's take a look at the evidence: we have thousands of years of parenting almost exclusively by straight parents AND we have a pretty large gay polpulation. Hmmm. I guess a lot of those heterosexual parents just haven't been doing a good job of passing on straight "thoughts and ideas" to their kids. Setting aside the question of whether a high percentage of the children of gays will turn out to be gay, what makes you think that future heterosexual parents will somehow be "better" at turning out straight kids than they have been in the past?
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

If one alternative to traditional marriage is ok, others have to be also. Or at least is the case if logic is applied, which I won't assume. Warren Jeffs will be smiling when he hears about this.
This will be the best thing that ever happened to this country if someone challenges the prohibition against plural marriage. Plural marriage should be treated no different than "traditional" marriage, and now gay marriage in this country. Hopefully that would trigger states and the feds to finally do away with this nonsense about granting special rights to someone who decides to enter into the contract of marriage, and deny those rights to those who choose not to. Throw marriage back where it belongs, in the churches, and stop this foolish granting of special privileges.
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

My apologies - you refered to the "act itself" so I hope you can forgive me for somehow thinking that you might be referring to a singluar, specific act. So, setting that aside, we're back to your premise that homosexuality will die out if we just keep gay parents from passing any sort of gay "ideas or thoughts" on to their kids, because heterosexual parents surely won't produce enough gay kids to sustain the gay population. Let's take a look at the evidence: we have thousands of years of parenting almost exclusively by straight parents AND we have a pretty large gay polpulation. Hmmm. I guess a lot of those heterosexual parents just haven't been doing a good job of passing on straight "thoughts and ideas" to their kids. Setting aside the question of whether a high percentage of the children of gays will turn out to be gay, what makes you think that future heterosexual parents will somehow be "better" at turning out straight kids than they have been in the past?

You'd have to ask those that actually believe this sort of thing. I'm a tolerant person (although I will admit that an uncomfortable experience with a homosexual when I was younger has affected my views on the matter), and was merely seeking to play to the views of those that see defeat.
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

This will be the best thing that ever happened to this country if someone challenges the prohibition against plural marriage. Plural marriage should be treated no different than "traditional" marriage, and now gay marriage in this country. Hopefully that would trigger states and the feds to finally do away with this nonsense about granting special rights to someone who decides to enter into the contract of marriage, and deny those rights to those who choose not to. Throw marriage back where it belongs, in the churches, and stop this foolish granting of special privileges.

This is quite possibly the most sensible thing that I have read on this thread in quite a while.
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

This will be the best thing that ever happened to this country if someone challenges the prohibition against plural marriage. Plural marriage should be treated no different than "traditional" marriage, and now gay marriage in this country. Hopefully that would trigger states and the feds to finally do away with this nonsense about granting special rights to someone who decides to enter into the contract of marriage, and deny those rights to those who choose not to. Throw marriage back where it belongs, in the churches, and stop this foolish granting of special privileges.
At least that would be a consistent logical approach, not the wildly inconsistent and piecemeal way things are typically done these days.
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

Today's ruling on DOMA is going to be a real pain in the ass to implement.
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

Reading some of the analysis over on Scotusblog. It seems that Kennedy's opinion was not received as a great piece of legal scholarship, while Scalia's dissent was generally well received as a well thought out dissent.

Thoughts?
 
Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!

Reading some of the analysis over on Scotusblog. It seems that Kennedy's opinion was not received as a great piece of legal scholarship, while Scalia's dissent was generally well received as a well thought out dissent.

Thoughts?

People are already calling for Scalia's removal. :rolleyes:
 
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