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Judge Voids Same-Sex Marriage Ban in Nebraska
NY Times ^ | May 13, 2005 | THE ASSOCIATED PRESS

Posted on 05/12/2005 9:50:55 PM PDT by neverdem

click here to read article


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To: neverdem
Just what Mark Levin describes in "Men in Black"--a federal judiciary raising itself above all other branches of government. Sickening.


41 posted on 05/13/2005 2:37:59 AM PDT by Recovering_Democrat (I'm so glad to no longer be associated with the Party of Dependence on Government!)
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To: garylmoore

Michael Savage is right. Is isn't one man, one vote. It is one judge, no votes. In another era, this judge would be tarred, feathered and ridden out of town on a rail . . . if he were lucky.


42 posted on 05/13/2005 4:01:43 AM PDT by Vigilanteman (crime would drop like a sprung trapdoor if we brought back good old-fashioned hangings)
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To: neverdem

Just another case of the out-of-control judges legislating from the bench. The people's voice (vote) doesn't mean squat!


43 posted on 05/13/2005 4:44:30 AM PDT by Road Warrior ‘04 (Kill 'em til they're dead! Then, kill 'em again!)
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To: neverdem

Actually this is a good thing because it won't stick and it serves as a great reminder of what has to be done to get control of the judges. These mutts can't help themselves. They do what low lifes do and this will keep the fire burning.


44 posted on 05/13/2005 4:50:38 AM PDT by jmaroneps37 (Dealing with liberals? Remember: when you wrestle with a pig, you both get dirty and he loves it.)
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To: Calpernia
We people are awake. FR even hosted a march on Washington about them. We don't elect the judges. What would you suggest?

WE may not "elect" THEM , but we certainly elect those who appoint them.....duh

45 posted on 05/13/2005 4:59:10 AM PDT by lula (Starving the disabled is OK, go to jail if you do the same to an animal...go figure)
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To: lula

>>> WE may not "elect" THEM , but we certainly elect those who appoint them.....duh

WE do? Do you need the links to the voter fraud bump lists?


46 posted on 05/13/2005 5:13:36 AM PDT by Calpernia (Breederville.com)
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To: claudiustg

>>>>Another option would be for Congress simply to eliminate those judges positions, pending the creation of new positions.

That would be nice. I doubt that would happen though. Did you see the thread yesterday with Byrd and Frist going at it about the filibustering? I can't wait until Deep Throat is finally out of there.

>>> Failing every other remedy we have the call to arms and rebellion against an unyielding tyranny.

The Minutemen Project will be starting in Texas and ideally spreading to all the border states. They work unarmed for now; but the force will send a message.


47 posted on 05/13/2005 5:18:39 AM PDT by Calpernia (Breederville.com)
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To: neverdem

A B.S. decision and a logical nullity. Nebraska should enforce the ban vigorously.


48 posted on 05/13/2005 5:43:33 AM PDT by Mmmike
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To: andie74
That's right...we NEED more queers adopting kids and foster parenting about as much as we NEED open borders.

How crude and politically incorrect!

I COULDN'T HAVE SAID IT BETTER!

49 posted on 05/13/2005 5:53:00 AM PDT by bored at work (Barack Obama . . . Iraq Osama . . . ?)
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To: neverdem
Judge Bataillon said the ban went "far beyond merely defining marriage as between a man and a woman." He said the "broad proscriptions could also interfere with or prevent arrangements between potential adoptive or foster parents and children, related persons living together, and people sharing custody of children as well as gay individuals."

Same sex marriage and custody of children are two separate issues

50 posted on 05/13/2005 5:55:13 AM PDT by Mo1 (Hey GOP ---- Not one Dime till Republicans grow a Spine !!)
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To: Vigilanteman

Vigilantism is about all that's left to us, if the votes are liable to be brushed off at the flick of a judge's wrist.

The torch-and-pitchfork approach---very loud, very angry protests---should not be abandoned, though, since there is always a possibility that real mayhem might arise therefrom. And we badly need some mayhem to wake people up and get their circulation going.

As for impeachment, there's no hope. You couldn't get a majority to approve of that if you counted the Republicans per testicle.


51 posted on 05/13/2005 6:29:29 AM PDT by Graymatter
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To: Graymatter

Since when is the ordination of the Constitution and its Amendments subject to Judicial Review?


52 posted on 05/13/2005 6:41:46 AM PDT by massgopguy (massgopguy)
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To: neverdem

I thought a constitutional amendment was supposed to overrule a judge's decision. Did I miss something?


53 posted on 05/13/2005 6:49:36 AM PDT by shekkian
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To: shekkian; P-Marlowe; xzins
The 14th Amendment trumps Nebraska's Constitution.

The 14th Amendment Due Process Clause is interpreted to guarantee the fundamental liberty of intimate associations (Lawrence v. Texas), so the Nebraska's Constitutional provision hindering those intimate associations cannot withstand Federal Constitutional scrutiny, unless it is narrowly tailored to a compelling governmental interest - which, apparently, this law was not.

That, more or less, is the argument under modern Constitutional Law. Doesn't mean I like it or agree with it, but such it is.

54 posted on 05/13/2005 6:59:24 AM PDT by jude24 ("Stupid" isn't illegal - but it should be.)
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To: jude24; shekkian; xzins
The 14th Amendment Due Process Clause is interpreted to guarantee the fundamental liberty of intimate associations (Lawrence v. Texas)

If it protects that, then it protects prostitution and incest.

55 posted on 05/13/2005 7:04:20 AM PDT by P-Marlowe
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To: Sterrins

Well, this is a federal judge declaring a state constitutional amendment federally unconstitutional. Not quite the same.

In Arizona, the state supreme court actually did declare an amendment to the state constitution unconstitutional because another part of the state constitution was more important.


56 posted on 05/13/2005 7:05:46 AM PDT by frgoff
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To: Abram; Annie03; Baby Bear; bassmaner; Bernard; BJClinton; BlackbirdSST; blackeagle; BroncosFan; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
57 posted on 05/13/2005 7:08:08 AM PDT by freepatriot32 (If you want to change government support the libertarian party www.lp.org)
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To: P-Marlowe
If it protects that, then it protects prostitution and incest.

Scalia's dissent says something similar.

58 posted on 05/13/2005 7:11:16 AM PDT by jude24 ("Stupid" isn't illegal - but it should be.)
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To: neverdem

So basically it's unconstitutional to do anything the fags or the libs don't like.


59 posted on 05/13/2005 7:15:43 AM PDT by FierceKulak
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To: neverdem

Bump to read later


60 posted on 05/13/2005 7:22:28 AM PDT by hattend (Alaska....in a time warp all it's own!)
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