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Author Topic: Breaking: Court strikes down gay marriage ban in California! [Locked]
DarthMord
Title: The Wannabe Evil Guy
Posts: 37
Registered: 2001-6-4 09:18:12
faefrost posted:

What astonishes me is how many think that this is a good thing?

For the record I do support gay marriage. The reasons to allow it outweigh the reasons against it. But it must come from the Legislature. There is no other way.

What happened here today was a federal court (with a long sordid history of similar behavior) overturned a states constitutionally protected sovereignty and created state law from the federal bench. They overturned legitimate state constitutional actions with absolutely no basis or precedent beyond "we think so". This is NOT how we are governed. Just because the outcome may be what a lot of people want does not in any way legitimize this process or this courts actions. The state of California and more directly the people of California had spoken on this issue. Right or wrong. It was within their sovereign rights to do so. Just as it was within New Yorks sovereign rights to choose to legislatively change the existing laws and allow such an evolution of societal mores.



Part of the compact that allows a State to be a member of the United States is that all state laws must be legal and in accordance with the United States Constitution. Any law that is not legal under the United States Constitution (and its Amendments) is void and unenforceable.

The real problems crop up when people start using today's definitions on yesterday's words. The words used in the document were used for a reason and that was largely in part due to the meaning of the words chosen at the time of their usage in the documents. Not their modern day definitions.

 

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Aerlinthian  4 stars
Posts: 2,126
Registered: 2001-5-7 23:53:38
DarthMord posted:

Part of the compact that allows a State to be a member of the United States is that all state laws must be legal and in accordance with the United States Constitution. Any law that is not legal under the United States Constitution (and its Amendments) is void and unenforceable.

The real problems crop up when people start using today's definitions on yesterday's words. The words used in the document were used for a reason and that was largely in part due to the meaning of the words chosen at the time of their usage in the documents. Not their modern day definitions.

Yep that is why we have Affirmative Action, welfare, progressive taxation, undeclared wars, hate crime laws, etc etc.

It's a good thing our rulers obey the constitution! Whew!
JD_HOGG  4 stars
Posts: 2,846
Registered: 2008-3-18 08:04:21
DarthMord posted:

faefrost posted:

What astonishes me is how many think that this is a good thing?

For the record I do support gay marriage. The reasons to allow it outweigh the reasons against it. But it must come from the Legislature. There is no other way.

What happened here today was a federal court (with a long sordid history of similar behavior) overturned a states constitutionally protected sovereignty and created state law from the federal bench. They overturned legitimate state constitutional actions with absolutely no basis or precedent beyond "we think so". This is NOT how we are governed. Just because the outcome may be what a lot of people want does not in any way legitimize this process or this courts actions. The state of California and more directly the people of California had spoken on this issue. Right or wrong. It was within their sovereign rights to do so. Just as it was within New Yorks sovereign rights to choose to legislatively change the existing laws and allow such an evolution of societal mores.



Part of the compact that allows a State to be a member of the United States is that all state laws must be legal and in accordance with the United States Constitution. Any law that is not legal under the United States Constitution (and its Amendments) is void and unenforceable.

The real problems crop up when people start using today's definitions on yesterday's words. The words used in the document were used for a reason and that was largely in part due to the meaning of the words chosen at the time of their usage in the documents. Not their modern day definitions.



Right on. The state of California has no authority to ban two people from getting married. The ban is unconstitutional. The court wasn't legislating. They were overturning an unjust law. They got it right.
JD_HOGG  4 stars
Posts: 2,846
Registered: 2008-3-18 08:04:21
Aerlinthian posted:

DarthMord posted:

Part of the compact that allows a State to be a member of the United States is that all state laws must be legal and in accordance with the United States Constitution. Any law that is not legal under the United States Constitution (and its Amendments) is void and unenforceable.

The real problems crop up when people start using today's definitions on yesterday's words. The words used in the document were used for a reason and that was largely in part due to the meaning of the words chosen at the time of their usage in the documents. Not their modern day definitions.

Yep that is why we have Affirmative Action, welfare, progressive taxation, undeclared wars, hate crime laws, etc etc.

It's a good thing our rulers obey the constitution! Whew!



They do obey the constitution. Read the supreme court challenges. Or are you saying that supreme court rulings are unconstitutional?

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