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Judge: Clerks have duty to issue same-sex marriage licenses (FL)
Associated Press ^ | Jan 1, 2015 5:12 PM EST | Jennifer Kay

Posted on 01/01/2015 3:04:41 PM PST by Olog-hai

A federal judge says that Florida’s county court clerks have a legal duty to issue marriage licenses to same-sex couples, but he has stopped short of ordering them to do so.

U.S. District Judge Robert Hinkle issued a ruling Thursday in Tallahassee federal court responding to requests to clarify his previous order that Florida’s same-sex marriage ban was unconstitutional. He stayed that order, but the stay is scheduled to expire at the end of the day Monday.

The association representing county clerks said the ruling applies only to Washington County, where a lawsuit filed by two men became a key basis for Hinkle’s order. Gay rights groups said Hinkle’s order applies statewide. …

(Excerpt) Read more at hosted.ap.org ...


TOPICS: Culture/Society; Miscellaneous; US: Florida
KEYWORDS: gaymarriage; homosexualagenda; judicialactivism; ssm
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To: EternalVigilance

It’s an ugly world, but that’s how it works.


21 posted on 01/01/2015 4:47:41 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Publius

That’s not how it is supposed to work in America.

If a judge issues an unlawful or unconstitutional opinion, the officers of the other branches, in order to be loyal to their own oaths, are obligated to ignore or oppose them.


22 posted on 01/01/2015 4:54:55 PM PST by EternalVigilance (The Gee Oh Pee. Now principle free!)
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To: Publius

To say anything else is to make a mockery of the oath.


23 posted on 01/01/2015 4:55:32 PM PST by EternalVigilance (The Gee Oh Pee. Now principle free!)
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To: EternalVigilance
True, but that would create chaos within the judicial system.

It's one of the reasons that I support the Article V Convention movement. This can be corrected.

24 posted on 01/01/2015 4:56:21 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Publius

Doesn’t do any good to amend a document that those in office won’t follow anyhow.

And personally, I don’t think it’s a very good idea to let those who won’t follow our constitutions now pick delegates to go and screw around with those same documents.

Even Levin, the guru of this idea, offers amendments that do more harm than good. One of them even would enshrine judicial supremacy.


25 posted on 01/01/2015 5:00:30 PM PST by EternalVigilance (The Gee Oh Pee. Now principle free!)
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To: Publius

In other words, both “the rule of law” and the very Constitution are basically dead at this point.

Yes, that’s the conclusion I derive from all this. I no longer see an existing republic that’s worth saving.


26 posted on 01/01/2015 5:06:01 PM PST by greene66
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To: EternalVigilance
The federal government follows the Constitution to the letter. Unfortunately, it's the Living Constitution, the Constitution symbolized as a Tree, the Constitution that evolves with the times even though its words never change, the Constitution of penumbras and emanations, that the federal government follows.

When the federal entity goes beyond the Constitution's words to govern by penumbras and emanations, it's time to modify the words to place the government within the constitutional prison that Madison designed for it.

27 posted on 01/01/2015 5:09:21 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Publius

Again, you can’t get what you say you want, no matter what the document says, without oath-keeping officers of government.

That’s why I think the Article Five effort is, at best, a diversion from the primary task at hand.


28 posted on 01/01/2015 5:11:47 PM PST by EternalVigilance (The Gee Oh Pee. Now principle free!)
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To: EternalVigilance

The people elect the oath keeping officers of government. If the people don’t particularly care about the words of the Constitution, you have a problem.


29 posted on 01/01/2015 5:14:13 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Publius

The optics of that move would be incredibly bad for their side. Arresting Christians at gunpoint for adhering to their beliefs.


30 posted on 01/01/2015 5:19:49 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Publius
"Let it simply be asked, ‘Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths...'"

-- George Washington

31 posted on 01/01/2015 5:20:50 PM PST by EternalVigilance (The Gee Oh Pee. Now principle free!)
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To: Lurker

Once the Christians are categorized as “insurgents”, the optics become easier. Think drones.


32 posted on 01/01/2015 5:22:16 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Publius

That’s where I actually think we are. With the combination of a dumbed-down (and morally degenerate) populace weened on socialist propaganda and cultural rot, along with a massive influx of foreigners who were never steeped in an American heritage of liberty, the country has developed a comfort and acceptance of governmental lawlessness, and are even transitioning into a taste for dictatorial “strongman” type leadership, akin to third-world nations.


33 posted on 01/01/2015 5:24:49 PM PST by greene66
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To: EternalVigilance
Good point.

Look into the writings of demographers John Judis and Ruy Texeira. The fastest growing religion in America is Unbelief. (Judis and Texeira capitalize the "U" because they believe it's as much a religion as Christianity.) By 2015, Unbelief will be the largest religion in America, exceeding Catholicism in magnitude. It's the "religion" of the latest great awakening.

If you're wondering why the Republican Establishment is ditching its old base for a new one, this is your answer. It's why Jeb Bush will be the 2016 nominee.

34 posted on 01/01/2015 5:28:25 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Olog-hai

I hate the idea of Same-sex marriage but I also hate the idea of a government agent picking which laws to follow.


35 posted on 01/01/2015 5:29:23 PM PST by AppyPappy (If you are not part of the solution, there is good money to be made prolonging the problem.)
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To: greene66
You bring up an interesting point. Are Americans no longer fit for self government? If so, what are the options?

Do we opt for a king and a theocracy? If so, who should be the American royal family? The Bushes? Clintons? Rockefellers? What should the American established religion be, and how do we change the 1st Amendment to allow it?

Do we opt for a military dictatorship? Do we simply scrap the Constitution, salute smartly and accept our role as global hegemon in the Roman tradition?

Do we dissolve the Union and let the states form their own nations or merge with existing nations such as Mexico, Canada, Russia and China?

None of this is comfortable for me. But if people really believe that humans cannot govern themselves, then what options are left?

36 posted on 01/01/2015 5:36:04 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: AppyPappy
I hate the idea of Same-sex marriage but I also hate the idea of a government agent picking which laws to follow.

Judges don't make laws. That power is reserved to the legislative branch by every constitution in America.

And the laws passed by the legislative branch must conform to the Constitution, and to the laws of nature and nature's God. Otherwise they are null and void.

"Hence also, the origin of all civil government, justly established, must be a voluntary compact, between the rulers and the ruled; and must be liable to such limitations, as are necessary for the security of the absolute rights of the latter; for what original title can any man or set of men have, to govern others, except their own consent? To usurp dominion over a people, in their own despite, or to grasp at more extensive power than they are willing to entrust, is to violate that law of nature, which gives every man the right to his personal liberty; and can, therefore, confer no obligation to obedience."

"When human laws contradict or discountenance the means, which are necessary to preserve the essential rights of any society, they defeat the proper end of all laws, and so become null and void."

-- Alexander Hamilton


37 posted on 01/01/2015 5:36:09 PM PST by EternalVigilance (The Gee Oh Pee. Now principle free!)
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To: Olog-hai

BLOW IT OUT YOUR A$$ JUDGE!


38 posted on 01/01/2015 5:38:33 PM PST by VideoDoctor
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To: Publius

We haven’t been fit to govern ourselves for nearly 40 years.


39 posted on 01/01/2015 5:40:31 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Lurker

If you’re right, then it’s over. It’s just a matter of figuring out how America will be liquidated.


40 posted on 01/01/2015 5:44:05 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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