Posted on 05/14/2004 4:42:47 PM PDT by pollywog
The U.S. Supreme Court has refused to intervene in the same-sex marriages law in Mass. Truly a sad day for America.
1. The USSC does indeed have appellate jurisdiction over the rulings of a state supreme court. That does not mean that it made the right or wrong decision here; but to suggest that the USSC has no jurisdiction over a state supreme court is constitutionally wrong per Article III of the US Constitution.
2. I agree that the real danger is that the USSC will ultimately rule the Defense of Marriage Act as unconstitutional.
3. Politically, this is great for Bush and the GOP and, as gay couples come back to their respective states this summer and demand recognition, support for the amendment will mushroom.
4. Those whining about Bush not exercising sufficient political capital on this are wrong. He is way out in front on this matter and, frankly, his role is finished. it is now up to the Congress and the state legislatures. The president has no further constitutional role in an amendment to the US Constitution.
"Impacted"??
No, merely obliterated into little pieces the way ALL past and honorable tradition is being obliterated.
What we are surrendering to is the paving of way for the "new, improved sanctity" of Secular Humanism's 'New World Order.'
I've never really been able to get behind the Falwell, Robertson line of thinking. With all due respect, that's what your post sounds like.
Yes, lots of periods have thought they were in the end days. For some reason, though, they felt comfortable ignoring certain prophecies that could not have been in play at the time, or else had some pretty bizarre interpretations on prophecies and their fulfillment.
There are many elements in play, of course, but the KEY one that sets our era apart is the re-formation of Israel nearly sixty years ago. That's a cornerstone of endtime prophecy that was always missing in past watches, and the one IMO that set the clock ticking.
Very interesting on the Nostradamus Islam thing. I didn't know that. Very interesting. I must look into that. Thanks for sharing.
MM
There is absolute truth out there, we have to find it. I would rather have the truth than political correctness.
The truth is, marriage is between a man and a woman. God set it up this way.
Your handle; "My Dog Likes Me". Maybe your Dog "Loves" you.
This has nothing to do with love. I love my daughter. I love my mother, I love my neighbor. I love my cat. I love my dog.
This has to do with perverted sex and wanting the government to recognize it.
"Despite the basic rule that a marriage valid where contracted is valid everywhere, the courts and validation statutes have universally recognized a number of exceptions, which may be condensed and simply stated as follows: A marriage valid where contracted will nevertheless not be recognized as valid in the forum state if such recognition would be contrary to a strong public policy of the forum state. Restatement (Second) of Conflict of Laws 283(2) comment f (1971) (marriage valid where contracted will be recognized as valid everywhere unless it violates the strong public policy of another state which has the most significant relationship to the spouses of the marriage); e.g., Fattibene v. Fattibene, 183 Conn. 433, 441 A.2d 3 (1981) (Connecticut need not recognize marriage that violates strong public policy of state); In re Estate of Loughmiller, 229 Kan. 584, 629 P.2d 156 (1981) (listing exceptions to validation statute, including marriage that is polygamous, incestuous, or prohibited by the state for public policy reason); K. v. K., 90 Misc. 2d 183, 393 N.Y.S.2d 534 (Fam. Ct. 1977) (court called upon to decide whether law of Poland, which requires civil ceremony in addition to religious ceremony, was repugnant to law of New York); Kelderhaus v. Kelderhaus, 21 Va. App. 721, 467 S.E.2d 303 (1996) (general statement that marriage's validity is to be determined by law of state where marriage took place, unless result would be repugnant to Virginia public policy).
There are three commonly recognized categories of marriages contracted in another state that will not be recognized in the forum state. First, marriages that are contracted by domiciliaries of the forum state in another state for the express purpose of evading the law of the forum state are deemed invalid. E.g., Loughran v. Loughran, 292 U.S. 216 (1934) (marriage entered into in Florida, in violation of D.C. prohibition against remarriage within certain amount of time after prior divorce, invalid in D.C.); Barbosa-Johnson v. Johnson, 174 Ariz. 567, 851 P.2d 866 (Ct. App. 1993) (appellate court holding that evidence did not sustain finding that parties had married in Puerto Rico for the purpose of evading the law of Arizona). See generally Uniform Marriage Evasion Act, 9 U.L.A. 480 (1942) (N.B.: The Uniform Marriage Evasion Act is superseded by the Uniform Marriage and Divorce Act, and was officially withdrawn from consideration by the drafters in 1943).
Second, states have refused to recognize marriages that are solemnized in sister states when the parties are of a level of sanguinity that is forbidden in the forum state. E.g., McMorrow v. Schweiker, 561 F. Supp. 584 (D.N.J. 1982) (rule recognizing foreign marriages does not apply to incestuous marriages); Catalano v. Catalano, 148 Conn. 288, 170 A.2d 726 (1961); In re May's Estate, 305 N.Y. 486, 114 N.E.2d 14 (1953).
Third, states have refused to recognize marriages that are solemnized in sister states when the parties are not deemed of sufficient age to marry, as determined in the forum state. E.g., Wilkins v. Zelchowski, 26 N.J. 370, 140 A.2d 65 (1958).
The first thing we need to do, is to prepare our defenses. The first line of defense is a Marriage Amewndment in each and every State defining marriage as one man, one woman.
The problem is that government is conducting the ceremony.
While I tend to agree, what then is the recourse when the process to give the Massholes, (er people of Massachussetts) a vote on this issue requires a 2 year wait? A activist court and far left Atty. General (who told the Governor to pack sand, I ain't doing anything to stop this) leaves no recourse for what I will bet a paycheck is against the majority opinion of the voters. Seems like equal protection could produce a stay until a vote on a State Constitution amendment could be processed and voted upon. No?
I do not believe this to be the majority opinion of the voters. This is being shoved up their @ss by the State Supreme court. A State Constitutional ban is passed the first hurdle, but requires two years before a vote can be taken.
GOD created my fingers. Anything I do with them can only honor His creation.
Just wait until they try to force the "RED" states to recognize these marriages, especially the Southern states. I hope there is one helluva fight against this. If not, a positive future is lost.
The majority of the people in Massachusetts do NOT support this. It was shoved down our throats by the State Supreme Court, most notably Maggie Marshall, the African born Chief Justice. The legislature has totally caved on the issue. Our representatives don't have the courage to vote against the gay agenda. It's a mess.
That's baloney. I grew up in Bama and we always called them queers. Bama is not tolerant to gays at all. Bush will carry the state by at least 80%.
No kidding. Maybe I should go into the floral business.
Homosexuality is not something someone is it is something someone does.
Perhaps because even though homosexuality existed then, they never envisioned that they'd want to marry....
People in the past knew it was a perversion.
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