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To: lentulusgracchus
Massachusetts is knocking over the applecart of a universal institution and hijacking every other State in the Union.

Well, as our good friend Luis Gonzales has pointed out in scholarly posts, it's not necessarily so. We had a long period of time where interracial marriage was legal in some states, and illegal in others, until it was overthrown by the SCOTUS after public opinion had shifted enough to allow this. We still have about half of the states allowing first cousin marriage, and half not allowing it.

Gov. Romney has stated his opinion on the law involving out of state couples, surely any state that wishes to keep its laws intact will submit to its own court that the MA marriage application was not filled out in good faith. If a non-MA state court needs a reason to not recognize the MA marriage, this would be it.

What business does any court in the land have, extending privileges to people who don't deserve them,

Well, that's what courts are charged with. They make their decisions either rightly or wrongly, but we apportion that power to them. I guess the folks in MA can use this decision as the impetus to abolish lifetime tenure for the judges of the highest courts in their state, perhaps they will get justice that is more representative of the people being served.

256 posted on 05/18/2004 5:02:11 PM PDT by hunter112
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To: hunter112
We had a long period of time where interracial marriage was legal in some states, and illegal in others, until it was overthrown by the SCOTUS after public opinion had shifted enough to allow this.

More "change is good"? Or are you subtly equating opposition to gay marriage with racism? You keep doing that -- arguing just what a seminar poster would argue.

The analogy isn't valid, because gender difference is the basis of marriage, in a way that racial difference was not. Laws banning miscegenation were foundational to segregation, not to marriage.

As an aside, do you think it's valid for the Supreme Court to deal in tergiversation based on what they think they can "get away with" politically? That's how the liberal "penumbra" factory used to work. It's legal positivism, which IMHO has no place on the bench, in the courtroom, in law, or in America. IMHO.

261 posted on 05/19/2004 4:01:34 AM PDT by lentulusgracchus (Et praeterea caeterum censeo, delenda est Carthago. -- M. Porcius Cato)
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To: hunter112
Gov. Romney has stated his opinion on the law involving out of state couples, surely any state that wishes to keep its laws intact will submit to its own court that the MA marriage application was not filled out in good faith. If a non-MA state court needs a reason to not recognize the MA marriage, this would be it.

Not so, Mitt Romney's spinning to the contrary notwithstanding. His claim to be able to debar citizens of other States from getting married in Massachusetts probably wouldn't stand up in court.

Anyway, the rubber meets the road for real, when a couple from another state moves to Massachusetts for a while, gets married, and then goes home and sues their original home state under Article IV. Those lawsuits are probably being prepared as I type, with gay couples all lined up months ago ready to sue, sue, sue.

One thing I'd like to know is......where is all this money coming from? There's a literal ocean of money floating a fleet of law firms and NGO's all dedicated to queering the country.

266 posted on 05/19/2004 5:34:57 AM PDT by lentulusgracchus (Et praeterea caeterum censeo, delenda est Carthago. -- M. Porcius Cato)
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