Posted on 07/05/2014 3:33:36 PM PDT by 2ndDivisionVet
Here's a safe prediction: Florida's same-sex marriage ban is going down.
The end could come soon if a Miami-Dade County judge sides with six couples who claim that the ban is unconstitutional. On Wednesday their attorney asked Judge Sarah Zabel to award the plaintiffs summary judgment, meaning they would win without a trial because the facts are clear. Zabel will rule in a few weeks.
Based on what has happened in the year since the U.S. Supreme Court struck down the Defense of Marriage Act, however, the six couples should be optimistic. Nearly two dozen consecutive judicial rulings have gone against same-sex marriage bans. Notably, the federal judges striking down the bans represent appointments by every president since Jimmy Carter. Judges don't always rule as presidents might have hoped, but the ideological range of these judges shows that the case against same-sex marriage is one of emotion, not law.
Elizabeth Schwartz, who represents the couples, sued in state court. She notes there are "lots of good state court rulings" on her side. State courts struck down New Mexico's same-sex marriage ban. Schwartz already got a favorable ruling from Zabel, who last month blocked three outside groups from joining the Florida attorney general's office as intervenors in the lawsuit against Miami-Dade Clerk of Courts Harvey Ruvin, whose office issues marriage licenses.
In her ruling, Zabel rejected many arguments on which same-sex marriage opponents base their flimsy case. One is that allowing gays and lesbians to marry would devalue heterosexual marriages. Of the opponents, Zabel wrote, "The validity of their own marriages will not be affected. The judgment in this case will not cause them to do or to refrain from doing anything."(continued)
(Excerpt) Read more at sun-sentinel.com ...
How is a constitutional amendment unconstitutional?
“The validity of their own marriages will not be affected. The judgment in this case will not cause them to do or to refrain from doing anything.”
That is an absolute lie.
The kritarchy reigns supreme, destroying the will of the people at the behest of society’s malcontents.
America’s gone.
State Constitution Amendment. Federal Supremacy Clause. Etc.
Sad but true.
No bias there, not even a smidgen!
Yeah. The emotion of perversion.
There is no such thing as "same sex marriage".
The voters have said so over and over again as did the Congress.
The only people changing anything are the 1% of twisted freaks known as Homosexuals and their enablers on the federal bench, all of whom deserve Impeachment for their abuse of power, as was done to the Iowa Supreme Court Judges.
They will never be married no matter what the faux law claims.
Regarding the EPC, justices from the same generation that ratified the 14th Amendment had officially clarified that 14A added no new protections to the Constitution.
3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphasis added]. Minor v. Happersett, 1874.
So since the states have never amended the Constitution to expressly protect so-called gay rights like gay marriage, gay marriage wasn't constitutionally protected after 14A was ratified any more than it was protected before 14A was ratified.
One remedy to the damage being done to the country by activist judges and justices who take advantange of low-information voters by ignoring the Constitution is the following. Patriots need to work with state and federal lawmakers to make punitive laws which require judges to promptly, publicly and clearly state specific constitutional clauses which voters determine reasonably justify a judge's claim that a certain issue is either constitutional or unconstitutional. Judges who don't do so need to minimally be permanently removed from the bench.
County Court can’t rule on federal law can they?
Oh, it’ll be back one day.
Not from a county court, but then I’m not a Constitutional Professor like our POTUS.
Freaks and Hairies Dykes and Fairies, tell me where is sanity .
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