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Amendment Banning La. Gay Marriage Tossed
AP / myway ^ | 10/5/04

Posted on 10/05/2004 12:08:06 PM PDT by Crazieman

Edited on 10/05/2004 12:24:52 PM PDT by Admin Moderator. [history]

BATON ROUGE, La. (AP) - A state judge Tuesday threw out a Louisiana constitutional amendment banning gay marriage.

Judge William Morvant said the amendment - overwhelmingly approved by the voters on Sept. 18 - was flawed as drawn up by the Legislature because it had more than one purpose: banning not only gay marriage but also civil unions.


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: Louisiana; US: Massachusetts
KEYWORDS: gaymarriage; homosexualagenda; louisiana; marriage; napalminthemorning; samesexmarriage; willandgrace
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Uh, HELLO? YOU CAN'T DO THAT! PERIOD! END OF DISCUSSION!
1 posted on 10/05/2004 12:08:06 PM PDT by Crazieman
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To: Crazieman

If it was a Federal Judge they could have.


2 posted on 10/05/2004 12:09:15 PM PDT by Republican Wildcat
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To: Crazieman

Is it already ratified?


3 posted on 10/05/2004 12:09:18 PM PDT by theDentist (Proud Member of FreeRepublic 's "Pyjama-Hadeen")
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To: Republican Wildcat

How so?
It is a state constitutional amendment and voted on by the citizens.


4 posted on 10/05/2004 12:10:25 PM PDT by mabelkitty (Do not indulge the Negative Nervous Nellies with reassurances.)
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To: Republican Wildcat

Federal, yes. State, no.

We'll find out soon enough.


5 posted on 10/05/2004 12:10:29 PM PDT by Crazieman (Hanoi John Effin Kerry. War Criminal. Traitor. Democrat.)
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To: Crazieman

Folks, this is a STATE judge. He should be impeached or removed from office by the voters if possible.


6 posted on 10/05/2004 12:10:50 PM PDT by taxcontrol (People are entitled to their opinion - no matter how wrong it is.)
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To: Crazieman

Hello people, he has a black robe and a gavel...he can do anything he wants.

< /sarcasm>


7 posted on 10/05/2004 12:11:00 PM PDT by smith288 (Only if Al Qaeda was a debate team would they be scared of Kerry... Bush 04)
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To: taxcontrol

This is outrageous!


8 posted on 10/05/2004 12:11:17 PM PDT by mabelkitty (Do not indulge the Negative Nervous Nellies with reassurances.)
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To: Crazieman

Ummm .. they can't do that .. can they?


9 posted on 10/05/2004 12:12:18 PM PDT by Mo1 (Edwards blinks more than a "vacancy" sign on a cheap motel)
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To: Republican Wildcat

Lets check this out and see if they can do this, we voted on this things, passed by 71 - 73%, voted on by the people, now how in the hell can they throw it out, going get really mad about judges trying to overrule the people of this country













10 posted on 10/05/2004 12:12:23 PM PDT by Amanda75 (Amanda75)
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To: Mo1

If its a state judge, then no. Absolutely not.


11 posted on 10/05/2004 12:13:16 PM PDT by Crazieman (Hanoi John Effin Kerry. War Criminal. Traitor. Democrat.)
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To: Crazieman
Uh, HELLO? YOU CAN'T DO THAT! PERIOD! END OF DISCUSSION!

In the continuing "evolution" of court authority, declaring the Constitutional to be "Unconstitutional" is coming.....

12 posted on 10/05/2004 12:13:22 PM PDT by Onelifetogive (* Sarcasm tag ALWAYS required. For some FReepers, sarcasm can NEVER be obvious enough.)
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To: mabelkitty

related:

BID TO OVERTURN LOUISIANA ANTI-GAY AMENDMENT
http://www.outinhartford.com/home/news.asp?articleid=6947

by: Kevin McGill, The Associated Press
Gay rights activists on Friday brought a court challenge to the recently passed Louisiana constitutional amendment outlawing gay marriages and civil unions.

Attorney Randy Evans said the lawsuit revives several issues rejected by state courts as premature before the Sept. 18 election.

The arguments include the contention that the amendment was illegally adopted by the Legislature because it included more than one purpose - banning civil unions as well as marriages - and that it was illegally placed on the ballot for a day when there was not a statewide election already scheduled.

It also mentions problems with the election in New Orleans, where voting machines were delivered late at many precincts.

A spokeswoman for the Attorney General's office declined comment on specifics of the lawsuit but said the amendment will be vigorously defended.

The marriage amendment passed with 78 percent of the vote and is scheduled to take effect on Oct. 18. Louisiana is one of several states with gay marriage bans on the ballot this year.

The overwhelming approval followed an intense grass roots lobbying campaign by Christian conservatives.

Evans said the lawsuit will be heard Tuesday in Baton Rouge


13 posted on 10/05/2004 12:13:25 PM PDT by sure_fine (*not one to over kill the thought process*)
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To: theDentist

Yup

80-20%

The Desm lost big on it.


14 posted on 10/05/2004 12:13:44 PM PDT by Bogey78O (John Kerry: Better than Ted Kennedy!)
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To: mabelkitty
I am not saying I agree, and I am not saying i know the basis. But, a Federal Judge could wrongly decide that such an Amendment, passed by a state, is in violation of the 14th Amendment's "equal protection." Thus, the Judge could rule that the gay state citizen has a Constitutional right to equal protection to the laws and benefits of the State -- including marriage.

Just a theory -- but I would imagine that would be one way a Federal Judge could overturn the Amendment. (Or more likely, issue a stay to ban enforcement.)

I'll be interested to read the decision.
15 posted on 10/05/2004 12:14:25 PM PDT by Iron Eagle
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To: Crazieman

Not freaking possible.


16 posted on 10/05/2004 12:14:29 PM PDT by Centurion2000 (Truth, Justice and the Texan Way)
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To: Crazieman

GOod. It'a about time we got a constitutional crisis over judicial activism.


Hope the governor tells the judge to shove it.


17 posted on 10/05/2004 12:14:40 PM PDT by Maceman (Too nuanced for a bumper sticker)
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To: Crazieman
Tarring and feathering

Tarring and Feathering was a typical punishment used to enforce justice on the early American frontier. Both tar used in construction and feathers from food sources (e.g. chicken) were plentiful in the middle and western United States where the practice primarily flourished. The idea was to hurt and humiliate a person enough so they would leave town and cause no more mischief. Hot tar was either poured or painted on to a criminal while he (rarely she) was immobilized.

Then the person either had feathers thrown on him from buckets or barrels or else he was thrown into a pile of them and rolled around. Then the victim was taken to the edge of town and set free in the hopes he would not return. The feathers would stick to the tar for days making the person's sentence clear to the public. While this pratice was extremely cruel it was usually an effective manner of exile. It was eventually abandoned because it did nothing to rehabilitate its victims of the criminal behavior for which they were sentenced.

The image of the tarred-and-feathered outlaw is so vivid that the expression remains a metaphor for a humiliating public castigation, many years after the practice disappeared.

18 posted on 10/05/2004 12:14:49 PM PDT by B Knotts ("John Kerry, who says he doesn't like outsourcing, wants to outsource our national security.")
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To: Crazieman

Can you say prop 187 ? Remember California.


19 posted on 10/05/2004 12:15:11 PM PDT by devane617
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To: Crazieman
WHAAAAAT????
20 posted on 10/05/2004 12:15:17 PM PDT by King Prout (yo! sKerry: "Live by the flip, die by the flop." - Frank_Discussion)
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