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Author Topic: Pre-9th Circuit Appeals Court Gay Marriage Ruling Thread [Locked]
paulg_68  4 stars
Posts: 2,469
Registered: 2009-7-27 18:45:54
So then you wouldn't describe that as a conservative characteristic?

 

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RHWarrior  3 stars
Posts: 770
Registered: 2009-9-30 18:42:12
WTF... should a court be political at all?

 

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paulg_68  4 stars
Posts: 2,469
Registered: 2009-7-27 18:45:54
No. It's selected and approved by politicians though so it is very political.

 

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Scarne  4 stars
Title: Capo di Scientifico
Posts: 1,087
Registered: 2001-7-23 15:24:34
Bowlartz posted:

Why doesn't it? Why would the rights of two people be greater than three? And for all intents and purposes the relationship could be considered between two people at any one time.

I see no legal basis for the idea that if same sex marriage is approved that polygamy can not be.

It doesn't change my view as to how the ruling will go, just curious as to what the difference between consenting adults is since that would be the standard.


They could base it on the "Full Faith and Credit" clause. Since some states have made gay marriage legal, other states cannot ban the legality of those gay marriages. Polygamy isn't legal in any states, so this interpretation wouldn't (at least not immediately) open it up as well.

 

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Bowlartz  1 star
Title: Offical VN Tin Foil Hat Supplier
Posts: 221
Registered: 2006-1-4 19:59:15
"They could base it on the "Full Faith and Credit" clause. Since some states have made gay marriage legal, other states cannot ban the legality of those gay marriages. Polygamy isn't legal in any states, so this interpretation wouldn't (at least not immediately) open it up as well. grin"


They could but then that would sure put a lot of gun laws into flux. One state allows open carry, one state doesn't, one requires a license but another state won't honor it....etc.

 

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Scarne  4 stars
Title: Capo di Scientifico
Posts: 1,087
Registered: 2001-7-23 15:24:34
Bowlartz posted:

"They could base it on the "Full Faith and Credit" clause. Since some states have made gay marriage legal, other states cannot ban the legality of those gay marriages. Polygamy isn't legal in any states, so this interpretation wouldn't (at least not immediately) open it up as well. grin"


They could but then that would sure put a lot of gun laws into flux. One state allows open carry, one state doesn't, one requires a license but another state won't honor it....etc.


It is normal for gun licenses to be valid only within the borders of the originating state. It isn't normal for marriage licenses to only be valid within the borders of the originating state.

 

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Bowlartz  1 star
Title: Offical VN Tin Foil Hat Supplier
Posts: 221
Registered: 2006-1-4 19:59:15
"It is normal for gun licenses to be valid only within the borders of the originating state. It isn't normal for marriage licenses to only be valid within the borders of the originating state. grin"


I wasn't aware that "normal" rose to a legal standard because if that is the standard than gay marriage only being legal in 5 states is abnormal and the exception to the rule.

The logical shoe doesn't say that gay marriage is ok for all the reasons its supporters use without saying polygamy is also ok.

 

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Scarne  4 stars
Title: Capo di Scientifico
Posts: 1,087
Registered: 2001-7-23 15:24:34
Bowlartz posted:

I wasn't aware that "normal" rose to a legal standard because if that is the standard than gay marriage only being legal in 5 states is abnormal and the exception to the rule.

The logical shoe doesn't say that gay marriage is ok for all the reasons its supporters use without saying polygamy is also ok.


"Normal" is sometimes used as a legal standard when deciding court cases when the law on the books doesn't adequately cover the case. Heck, anti-pornography laws typically have to be judged by such rules as sometimes nudity is art and not pornographic, but people "know it when they see it". So what is pornography and what is not is judged by the "normal" standards of society and can even change over time.

Does California accept marriage licenses from Vermont? If so, it "should" have to accept them all, not pick and choose which ones are valid.

Yes, this would allow polygamy to be legal as well, but the first step would be that a state would have to legalize it. Until that happens, we don't have to worry about this potentially being a precedent.

 

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Eager_Igraine  4 stars
Posts: 1,036
Registered: 2002-11-21 11:55:52
paulg_68 posted:

The church should get out of the marriage business. Marriage should just be a contract.



 

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Altra_Shadowstalker  4 stars
Posts: 1,266
Registered: 2002-1-17 11:48:15
Aerlinthian posted:

Government needs to get out of the marriage business.

 

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