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To: topher

Years ago many states had common law marriage where a couple became married by their actions holding themselves out to be married. Most all states have done away with common law marriages. The way it was done was by setting a “no more” date. Thuse after a set date, no more establishment of common law marriage.

Those that could LEGALLY show a common law marriage existed prior to the “no more” date would still be allowed to be married.

I think this is what the judges were considering. The problem is that these 18k marriages were 100% a judicial created fiction. ADDITIONALLY this constitutional amendment was SPECIFICALLY set about in order to reverse the court.

When the court was reversed, then the judicial fiction should have also been reversed.


16 posted on 05/26/2009 12:53:47 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory
Agreed. The Court ignored the standing law at the time - Proposition 22, now reinstated - that prohibited such marriages. But allowing the 18,000 same sex marriages to stand wasn't about the law, it was about politics.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

27 posted on 05/26/2009 3:59:55 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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