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To: Fledermaus
No, this judge should not be impeached. Judges are obliged to follow higher court decisions, and Windsor effectively requires this decision. Look to Breyer, Sotomayor et al for the judges who are solely at issue.
17 posted on 05/14/2014 11:48:40 AM PDT by only1percent
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To: only1percent

I don’t see how Windsor requires this decision.

The Windsor decision was that the federal government would recognize same-sex marriages from states in which same-sex marriage was legal. It did not compel states which did not allow same-sex marriage to allow it.


23 posted on 05/14/2014 12:11:34 PM PDT by Dilbert San Diego
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To: only1percent

Yes. This judge should be impeached. In US v. Windsor, the Supreme Court majority ruling affirmed a state’s right to define marriage. Kennedy wrote, state governments have a “historic and essential authority to define the marital relation.”

I agree the gay mafia is using US v. Windsor to justify changing state definitions of marriage, but that is simply not what “authority to define” means. In other words, they’re pulling a sham on Americans, and the lower courts are complicit. The states either have a right to define marriage or not, and US v. Windsor said it’s up to the states. One cannot reasonably argue the states get to decide and then throw out their decisions!

The only legitimate ruling based on US v. Windsor would be to uphold a state’s right to define marriage however it wanted, so long as that definition didn’t directly contradict specifically enumerated constitutional protections, like bans on marriage between races. Why? Race is constitutionally protected. Sexual preference is not.


33 posted on 05/14/2014 12:36:44 PM PDT by CitizenUSA
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