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Thread: Gay marriage

  1. #1

    Gay marriage

    Yesterday, the SCOTUS stayed a decision by the circuit in VA that would have allowed gay marriages to be allowed. They have also ordered a similar stay for UT.

    Apparently the High Court wants to rule on this, and they don't want the mess of gay folks getting married, then having those marriages become invalid.

    I have 2 views on this -

    First, marriage is a religious institution that has been recognized by the states. I think civil unions should be allowed with the same legal rights as marriage.

    Second, I don't see this as an equal protection issue, I see this as a states rights issue. I really don't like stretching the meaning of the constitution; there are ways to amend it if it needs amending.

  2. #2
    Senior Member
    Join Date
    Aug 2014
    Location
    Charleston, SC
    Posts
    101

    Re: Gay marriage

    I'm not gay, therefore, I do not care.

  3. #3

    Re: Gay marriage

    Quote Originally Posted by Vizike
    I'm not gay, therefore, I do not care.
    You're not gay?

    Are you willing to learn? :D

    Sorry, I couldn't resist. I just saw Stripes again for maybe the 100th time.

  4. #4

    Re: Gay marriage

    I have never been able to figure out why this is such an issue. Gay people should have the exact same rights as any other American, including the right to marry.

  5. #5

    Re: Gay marriage

    Quote Originally Posted by PYnole
    I have never been able to figure out why this is such an issue. Gay people should have the exact same rights as any other American, including the right to marry.
    They have that right. They can marry any person of the opposite sex they want, just like everybody else.

  6. #6

    Re: Gay marriage

    I posted this because of the potential court ruling, and because brooklyn has made some predictions on how it will turn out, and how it will affect republicans going forward.

  7. #7

    Re: Gay marriage

    I've always advocated for the government to get out of the marriage business altogether. Why the hell do you need a license from the state to get married? Eliminate that crap, let anyone who wants to call themselves "married" do so, without any "blessing" from our benevolent government. "Marriage" should be under the sole purview of the church, and there are plenty of churches that will marry gays. Or if you want to become married under common law provision without religious involvement, that's fine too. Problem solved.

  8. #8

    Re: Gay marriage

    Quote Originally Posted by finance85
    I posted this because of the potential court ruling, and because brooklyn has made some predictions on how it will turn out, and how it will affect republicans going forward.
    Prediction:

    SCOTUS lets states chose whether to sanction SSM or not. But compels states to recognize legit out of state SSM's under Full Faith and Credit.

  9. #9

    Re: Gay marriage

    Quote Originally Posted by Brooklyn Nole
    Quote Originally Posted by finance85
    I posted this because of the potential court ruling, and because brooklyn has made some predictions on how it will turn out, and how it will affect republicans going forward.
    Prediction:

    SCOTUS lets states chose whether to sanction SSM or not. But compels states to recognize legit out of state SSM's under Full Faith and Credit.
    So you are "updating: your prediction. OK, we'll see.

  10. #10

    Re: Gay marriage

    Yeah, I think SCOTUS throws the states a bone by allowing them the "dignity" of not having to sanction.

    But it is still a strong possibility equal protection is employed and all states have to fall in live. I think a clear majority of Americans believe the right to marry is fundamental to a persons life even if not explicitly covered by the constitution.

  11. #11

    Re: Gay marriage

    I don't think the court will use FFC. FFC is really limited in its application and, in fact, was not used to challenge anti-miscegenation laws. I think that the law will struggle with determining wether the right to marry is a fundamental right, thus, applying a scrutiny test. If you go down that road, regardless of the scrutiny level, it would be hard to prove that the government has a legit interest in preventing gar marriage.

    I guess, considering the tone of this court, they will rule that marriage has always been a state issue and punt it to the states, while dancing around the issue as to whether marriage is a fundamental right.

  12. #12

    Re: Gay marriage

    VERY MUCH DISAGREE!

    Marriages are already covered by FFC - and states will not be able to discriminate over which marriages to recognize.

  13. #13

    Re: Gay marriage

    What do you mean marriage is already under FFC? I would agree that if you get married in Vegas, then that marriage is recognized in Texas-- as long as the couple fit the parameters of a valid marriage (not related, not a minor, not a mutiple marriage). I am unaware of a case that compels Texas to recognize a marrage as valid between related persons--assuming that there is a state that allows that type of marriage. There may be one in the context of marrying a minor--I'm not sure.

  14. #14

    Re: Gay marriage

    Ohio is already been compelled by a federal court to recognize out of state SSM.

    I don't see how SCOTUS will allow states to not recognize valid OOS marriages unless they involve a minor or incest which states have a valid reason not to recognize.

  15. #15

    Re: Gay marriage

    Quote Originally Posted by Brooklyn Nole
    Ohio is already been compelled by a federal court to recognize out of state SSM.

    I don't see how SCOTUS will allow states to not recognize valid OOS marriages unless they involve a minor or incest which states have a valid reason not to recognize.
    Out of curiosity... what valid reason do states have to not recognize incestuous marriage? How is it different than gay marriage?

    I can understand an argument to not allow incestuous procreation.... but so what if brother and sister want to marry....

  16. #16

    Re: Gay marriage

    Do you believe marriage promotes sexual relations?

  17. #17

    Re: Gay marriage

    Quote Originally Posted by Brooklyn Nole
    Do you believe marriage promotes sexual relations?
    If you're married, then you know that the answer to this question is a big NO.

  18. #18

    Re: Gay marriage

    Perhaps after children arrive.

    Other then that I think it is fairly obvious that marriage promotes sexual relations.

    And the state has a very significant interest in not promoting sexual relations among immediate family members.

  19. #19

    Re: Gay marriage

    Quote Originally Posted by Brooklyn Nole
    I don't see how SCOTUS will allow states to not recognize valid OOS marriages unless they involve a minor or incest which states have a valid reason not to recognize.
    Ummm...before the SC can rule on the recognition of an OOS incestuous marriage you would have to have a state that sanctioned such a union. I'll go waaaay out on a limb and predict that's not gonna happen.
    "The transition from democracy to tyranny is most easily brought about by a popular leader who knows how to exploit the class antagonism between the rich and the poor within the democratic state, and who succeeds in building up a bodyguard of a private army of his own. The people who have hailed him first as the champion of freedom are soon enslaved."

    -From Things Plato Never Said

  20. #20

    Re: Gay marriage

    Well, yeah. That too.

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