Posted on 10/13/2014 2:43:36 PM PDT by 2ndDivisionVet
BOISE - The 9th Circuit Court of Appeals issued an order Monday lifting the stay that blocked same-sex marriage from starting in Idaho - effective Wednesday morning.
Marriage licenses can legally be issued to same-sex couples statewide starting at 9 a.m. on Wednesday.
Deborah Ferguson, attorney for the four couples who sued to overturn Idaho’s ban on gay marriage, hadn’t even filed her reply to the state’s latest legal filings when the order came out mid-day Monday. “I guess they kind of knew what we were going to say,” she said.
Ferguson filed the case on behalf of four Idaho couples, all lesbians; two were denied licenses to marry in their home state, and two were denied recognition for their legal marriages that took place in other states. “They are thrilled,” Ferguson said Monday. “They have been through so much, and so many temporary setbacks. We’ve continued to move forward, but this is a very, very happy, momentous day, as Wednesday will be.”(continued)
(Excerpt) Read more at spokesman.com ...
Federal courts have no constitutional authority to overturn the states in these cases and we live in a Constitutional Republic, not an oligarchy.
It’s time for the states to start nullifying such unconstitutional decisions.
Sooner or later, somebody’s got to reverse or nullify Supreme Court decisions that incorporate the 1st-6th Amendments into the 14th amendment thus inverting the purpose of the 1st-6th Amendments which specifically targets LIMITING federal government power. Instead, the convoluted “Incorporation Doctrine” astonishingly and unconstitutionally INCREASES the power of the federal government by allowing it to enforce the 1st-6th Amendments. This has lead to the tyranny and unconstitutional usurping of state authority by the feds in cases like these gay marriage cases.
NULLIFY THESE UNCONSTITUTIONAL DECISIONS!!!
The Feral clown “judges” are beating their “evolution” thing to death. Why don’t these morons just legalize it in 50 states and get it over with. This death by a thousand cuts bull**** is getting old. Normal people are getting tired of hearing it.
Will the people of Idaho stand up for themselves, the First Amendment and Christian principles and prevent Gay Marriage?
Demand that their counties not accept Gay Marriage Licenses.
Recall or impeach any public official that supports Gay Marriage.
Take a page out of Pro Life activism history and blockade court houses that perform Gay Marriges.
Are there any states left?
_______________
I’m not sure. . .but the Lord knows. . .He is in control. . .and will judge accordingly. . . .earthquakes, famine, pestilence, etc. etc. etc. Top that with our nation thumbing its nose at Israel. People better wake-up sooner rather than later. http://www.god.tv/pikes-peak-prophecy-summit/video/pikes-peak-prophecy-summit/the-luciferian-era
Further proof there is no more rule of law, no more Constitution, and that states’ votes and their voters have been rendered meaningless. Really, no more America. Just a corrupt, banana-republic tyranny, with black-robed minions of the depraved ruling-elites dictating over a nation of serfs.
Who has the GUTS to stand up to this? Which Republican leaders will finally live up to the speeches they’ve made for decades and decades, decrying “judicial activism,” affirming the “rights of the states,” and defending “family values.” Three huge issues intersecting that the Republicans used to FORCEABLY speak to. Three of the prime reasons so many like me first became allied to and became supporters of the GOP for. Is this going to be another scenario of backstabbing, in which all those lofty speeches have proven to be nothing but hollow words?
Heterosexuals should be forming same-sex dyads and apply to the courthouses in huge numbers, enough so to overwhelm the numbers of homosexual couples showing up, and run up the numbers of same-sex “marriages” on the records. It may even be possible to get so many that once again, homosexuals are reduced to a minority in the one field in which they believe they have achieved a “victory”.
The same-sex heterosexual couples would achieve every one of the objectives the homosexuals thought they had gotten for themselves (right of inheritance, special treatment in the tax code, personal representative of the other in instances of incapacity, and a whole host of “rights” once reserved for a legal male-female marriage ceremony). Of course, the heterosexual couple would never have to consummate their “wedding”, but be free to continue to date outside the marriage, which is something the homosexual couple was going to do anyway.
Nothing in the law prevents this, you know.
Let’s see if B*tch Otter has the gonads to tell the 9th Circuit to go back to the Castro.
From a related thread ...
The problem is that misguided, pro-gay activist justices are wrongly giving gay couples the so-called right to marry outside the framework of the Constitution.
More specifically, as mentioned in related threads, the Founding States had made the 10th Amendment to clarify that the Constitution's silence about issues like marriage means that such issues are automatically uniquely state power issues.
The Constitution's silence about marriage also means that things like the so-called "right" of gay marriage is actually constitutionally unprotected, the 14th Amendment (14A) applying only constitutionally enumerated protections to the states as we shall see below.
So the states have the constitutionally unchecked 10th Amendment-protected power to make laws which prohibit gay marriage imo, as long as such laws don't unreasonably abridge rights which the states have amended the Constitution to expressly protect.
Getting back to 14A, judges who declare state bans on gay marriage unconstitutional are wrongly basing such statements on a PC interpration of the 14th Amendment's Equal Protections Clause (EPC) in Section 1 of that amendment as per the following explanation.
Pro-gay activist judges are wrongly putting on their "magic glasses" to subjectively read the right to gay marriage into the EPC. But in doing so they are also wrongly ignoring that the Supreme Court has previously clarified that 14A didn't add new protections to the Constitution. It only strengthens protections expressly amended to the Constitution by the states.
“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.
In fact, the Court's statement from Minor reflects the official clarification of the scope of 14A, the clarification mady by John Bingham, the main author of Section 1. Bingham had stated that the amendment applies only protections enumerated into the Constitution by the states to the states.
“Mr. Speaker, this House may safely follow the example of the makers of the Constitution and the builders of the Republic, by passing laws for enforcing all the privileges and immunities of the United States as guaranteed by the amended Constitution and expressly enumerated in the Constitution [emphasis added].” — Congressional Globe, House of Representatives, 42nd Congress, 1st Session. (See lower half of third column.)
Again, since the state have never amended the Constitution to expressly protect gay issues, gay marriage in this case, there is no enumerated constitutional protection for gay marriage for the courts to apply the states.
Apparently there is not one state that will stand up to this tyranny. Not even one.
can legally be issued to
Maybe I am parsing here,,,but doesn’t that mean they do not HAVE to do so?
Go for it.
BTW, although I believe in states’ rights and the right of the people of a given state to adopt state laws as they see fit, I personally think marriage should not be a state government issue. I don’t think it’s any of the state’s business.
Side note: that, of course, necessitates changing (or abolishing) the tax code. Abolishing income tax and the tax code (and NOT implementing a consumption tax) would be my preference. IMO, taxes should be made on an as-needed basis AFTER government is drastically reduced in size.
Greetings madprof98:
Agreed. Doubtful that our Governor, who’s campaign sent Mrs. OLA and I an e-mail invite to see him Friday, has the guts to take a stand.
Cheers,
OLA
I totally disagree. Federal Courts absolutely have the right from the Supremacy Clause to Marbury v. Madison and beyond. This isn’t a Confederation.
Now ... SHOULD they have? No. I don’t believe this is Constitutional (gay “marriage”) so I disagree with the rulings.
My fellow Idahoans - the 9th Circuit Court of Appeals has attempted to strike down the lawful legislation passed our legislature and signed by me that would keep illegal any same-sex marriage in the State of Idaho.
I say "attempted" for the following reasons: 1. I have instructed the Attorney General to review the law as written for its lawfulness under the Idaho Constitution. 2. I have instructed the Idaho State Supreme Court to do the same. Both have informed me that this law is in keeping within our Constitution. 3. I have asked both the AG and Supreme Court to review the standing of the State of Idaho in regard to the 10th Amendment to the United States Constitution. Both inform me that it is within my power to do the following:
The State of Idaho will not under any circumstances abide by the decision of the 9th Circuit in this regard. They have no legal standing to make or enforce this decision. It is capricious, political and is not reflective of the 9th Circuit's powers under the Constitution.
I am instructing all local jurisdictions to ignore this decision and to abide by the law as written. Failure to do so will result in legal action taken by the Attorney General to enforce compliance.
Same-sex marriage remains illegal in the State of Idaho.
“I am instructing all local jurisdictions to ignore this decision and to abide by the law as written. Failure to do so will result in legal action taken by the Attorney General to enforce compliance.”
At that very moment, Obama would find a lesbian couple in Idaho, one of which is a disabled veteran and he would have federal troops walk the lesbian couple and their children into the courthouse and compel the authorities to grant the lesbian couple a marriage license.
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