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Why Not Overturn Obergefell?
American Greatness ^ | July 4, 2022 | Matthew Boose

Posted on 07/05/2022 7:17:00 AM PDT by redfog

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To: redfog

It began with easily available and legal birth control that broke the connection between sex and procreation.


41 posted on 07/05/2022 8:39:41 AM PDT by arthurus (covfefe/|-|\)
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To: FroggyTheGremlim
They do not need marriage to be a couple.

Many years ago - I'm talking back in the 60s - there were two female college professors who lived next door to my folks. They were a lesbian couple, but of course we kids didn't know or care about that.

Dad told me many years later that they came to him and asked him how he could regularize their position for inheritance, medical, etc. He worked up a partnership agreement that covered all of the things they wanted (inheritance (linked wills), ability to visit partner in hospital and make medical decisions, power of attorney, etc.) It even provided for possible divorce by dissolving the partnership.

The only reason a couple would "need" an actual marriage would be to reassure themselves and show that to the world. Those are not valid reasons to change the law.

42 posted on 07/05/2022 8:45:52 AM PDT by AnAmericanMother (Ecce Crucem Domini, fugite partes adversae. Vicit Leo de Tribu Iuda, Radix David, Alleluia!)
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To: redfog

Me too. That would be a wonderful thing. A commitment ceremony OK. A marriage, never. And no one has the right to tell Americans what to believe or to invent thought crimes. I hope that America is on a roll revising recent judicial over reach & errors.


43 posted on 07/05/2022 8:55:58 AM PDT by JayGalt (For evil men to accomplish their purpose it is only necessary that good men should do nothing.”)
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To: DoodleDawg

Why? They suffer no justiciable loss


44 posted on 07/05/2022 8:56:08 AM PDT by circlecity
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To: FroggyTheGremlim

Your proofreading stinks.

That’s my opinion.


45 posted on 07/05/2022 8:59:22 AM PDT by Laslo Fripp (The Sybil of Free Republic)
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To: FroggyTheGremlim

Why would they be broken apart? Their relationship would be unchanged whether it is called marriage or not. What has been destroyed is the concept of marriage & nuclear family, not their relationships.


46 posted on 07/05/2022 9:00:10 AM PDT by JayGalt (For evil men to accomplish their purpose it is only necessary that good men should do nothing.”)
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To: redfog
Obergefell was not quite the reach that Roe was. I believe it was decided under the "equal protection" clause of the 14th Amendment. A (weak) case can be made that gays were denied a "right" that straights enjoyed.

Here in Texas, the vote to pass the amendment making marriage between one man/one woman passed by close to 70%. I have never seen my polling place as crowded on election day as I did that day.

47 posted on 07/05/2022 9:20:57 AM PDT by Sans-Culotte (11/3-11/4/2020 - The USA became a banana republic.)
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To: Dilbert San Diego

“32 states passed state constitutional amendments defining marriage as a man and a woman. All of those amendments, plus a number of regular statute laws defining marriage, were obliterated by the Supreme Court.”
___

States should ignore the SC when they render opinions that are obviously not constitutional.


48 posted on 07/05/2022 10:04:50 AM PDT by lakecumberlandvet (Appeasement never works.)
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To: redfog

My husband and I(we are two men) have been in a monogamous relationship for 45 years. We got married as soon as our state allowed in 2003.
Why is our marriage such a threat?


49 posted on 07/05/2022 10:07:39 AM PDT by teofila
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To: teofila

Your relationship with your husband is no threat. I wish you a long and a happy life together.
Changing the term marriage to include relationships that do not fit the traditional and religious heritage by the sole action of the judiciary is a tremendous threat to all our freedoms, as is criminalizing dissent with legislative activism.


50 posted on 07/05/2022 10:27:17 AM PDT by JayGalt (For evil men to accomplish their purpose it is only necessary that good men should do nothing.”)
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To: teofila

sorry. judicial activism. I was thinking legislating from the bench and made an error.


51 posted on 07/05/2022 10:28:29 AM PDT by JayGalt (For evil men to accomplish their purpose it is only necessary that good men should do nothing.”)
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To: Amendment10

Y’all have fun ‘voting’. When the Demonrats ‘count’ your votes (or don’t count them, or dilute them), and the Demonrats keep control of the House and Senate, you’ll just have to vote harderer the next election.


52 posted on 07/05/2022 10:34:29 AM PDT by backwoods-engineer (Hold on, y'all, 2022 is going to be a ride you won't soon forget!)
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To: FroggyTheGremlim
"Breaking them apart"? They can still have sexual relations with each other, like any other adulterers who violate God's will. Few are arguing for "breaking them apart", although I wouldn't mind seeing states make homosexual relations illegal again, as they once were.

No, the point is to not recognize them as a "married" couple for financial purposes. My state and many others passed Constitutional amendments for that purpose, but SCOTUS overrode them with its terrible Obergfell decision. My state, Alabama, responded by no longer issuing marriage certificates.

Homosexuality destroys nations, and the US of A will be no different.

53 posted on 07/05/2022 10:39:03 AM PDT by backwoods-engineer (Hold on, y'all, 2022 is going to be a ride you won't soon forget!)
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To: AnAmericanMother

Correct, contract-based civil unions did everything the homosexuals needed with respect to financial and health/death issues. But commie-libs are never happy with a separate peace— they feel compelled to force the rest of us to recognize homosexual “marriage,” which is what Obergfell supposedly did. Many states, like Alabama, just stopped issuing marriage certificates.


54 posted on 07/05/2022 10:41:53 AM PDT by backwoods-engineer (Hold on, y'all, 2022 is going to be a ride you won't soon forget!)
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To: teofila

Because homosexuality destroys nations.


55 posted on 07/05/2022 10:43:14 AM PDT by backwoods-engineer (Hold on, y'all, 2022 is going to be a ride you won't soon forget!)
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To: DoodleDawg
I would be amazed if the first Obergfell challenges are not filed before the end of the year.

Although Obergefell is an arbitrary and lawless decision, it may be difficult to challenge in court because of "standing." If you try to sue saying that you find so-called homosexual marriage offensive, the courts are likely to say that is not an injury that they recognize.

The deep damage that so-called homosexual marriage causes society at large is subtle and diffuse. I would be glad to be proven wrong, but I think this is going to a tough row to hoe.

I suppose the most promising route would be for a State to outlaw so-called homosexual marriage and provoke homosexuals into suing to overturn the law. Or a State could refuse to recognize so-called homosexual marriage in matters of inheritance and taxation, and again provoke homosexuals to sue.

56 posted on 07/05/2022 11:09:38 AM PDT by T Ruth (Mohammedanism shall be destroyed.)
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To: T Ruth
If you try to sue saying that you find so-called homosexual marriage offensive, the courts are likely to say that is not an injury that they recognize.

A baker or florist forced to provide services for a same sex marriage in violation of their religious beliefs.

57 posted on 07/05/2022 11:17:28 AM PDT by DoodleDawg
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To: redfog
In my opinion, gay marriage was a direct result of the AIDS epidemic, when hospitals would not allow gay partners of infected men to visit them because they were not "family."

The extremist activist response was not to move to legal recognition of domestic partnership, it was for full-on legal marriage as retaliation for society's initial reaction to them during AIDS.

From that perspective, I could see an attempt to challenge on the basis that Obergefell went too far in identifying the harm and the restitution. SCOTUS could have recognized a legal domestic partnership without upending thousands of years of civilization's definition of marriage and achieved the same result.

-PJ

58 posted on 07/05/2022 11:21:28 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: redfog; DoodleDawg; PIF; Migraine; basalt; Vermont Lt
Below is the letter I send to about 40 papers and commentators each year which takes a different tack than due process. Sending it back to the states sounds like the right thing to do. Politicians are great at coming up with elegant redefinitions for everything, so let then get some construct enacted into law and not mess with marriage.

Gay Marriage Ruling

The June 26, 2015, gay marriage ruling means legal protection now excludes tens of millions of Jewish, Christian, and Muslim believers who consider classical theology finds homosexual relationships separate people from God. The Bible continually speaks of the character, identity, and purpose of God; identifying Him as masculine and humans as feminine in relation to Him. After creating all things, He created the covenant of heterosexual marriage to example the unconditional love relationship He desires with humanity. Without disturbing marriages’ spiritual quality, equal protection could have been maintained by civil contract with the elegant, endless expressions legislators enjoy.

The First Amendment says and used to mean, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press….”

We are familiar with the term “speech or expression’, which seems an innocuous expansion of the above amendment. However, “expression” enables a nearly unbounded multibillion-dollar pornography industry.

Justice Kennedy’s majority opinion stated, “The First Amendment ensures that religious organizations and persons are given proper protection as they seek to advocate and teach the principles that are so fulfilling and central to their lives and faith”. Such language severely restricts religious freedom by excluding “free exercise thereof”.

The country has so departed from first principles that a woman can express her sexuality in the adult films but cannot own a bakery and express her religious convictions by refusing to bake a wedding cake for a gay couple.

The Formal End to Judeo-Christian America

http://townhall.com/columnists/dennisprager/2015/06/30/the-formal-end-to-judeochristian-america-n2018986/page/full

Wayne Cordeiro

https://www.facebook.com/pastorwaynecordeiro/posts/10153325310351210

SUPREME COURT OF THE UNITED STATES GAY MARRIAGE

http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf

Human Rights v. Civil Rights before the Supreme Court, Again

https://www.americanthinker.com/articles/2019/10/human_rights_v_civil_rights_before_the_supreme_court_again.html

59 posted on 07/05/2022 11:24:53 AM PDT by Retain Mike ( Sat Cong)
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To: DoodleDawg

That might work.


60 posted on 07/05/2022 11:34:34 AM PDT by T Ruth (Mohammedanism shall be destroyed.)
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