Posted on 05/31/2012 7:21:25 AM PDT by Perdogg
An appeals court has ruled that a law that denies a host of federal benefits to same-sex married couples is unconstitutional
(Excerpt) Read more at washingtonpost.com ...
“This campaign season would be an EXCELLENT time to begin the process of introducing a Constitutional Amendment to protect marriage. Everybody on record, let’s go.”
Too late for that now.
The “window of opportunity” by which to do this passed about ten years ago. It won’t be back.
The leftists are using EXACTLY the same “plan of attack” for homosexual marriage as they used forty years ago for winning the Roe v. Wade decision.
That is, “convert” a few states first. Then launch court challenges from a few other states (U.S. Supreme Court will usually not agree to decide an issue like this until conflicting decisions from more than one federal court district arise). Finally, “go for the big one”.
There’s no guarantee that they’ll win in the Supreme Court, given the Court’s current makeup. Although as another poster mentioned, Justice Kennedy is an “unknown vote”.
But the left is patient — they have won this contest in a growing number of “blue” states, and with each victory, they (and not we) are “closer to the prize”. They will “wait out” the Roberts Court, if necessary, knowing that some day they may have a more sympathetic Court. And then, they will make their charge.
As you mentioned, “everybody on record”. To my knowledge, I was one of the first individuals anywhere to promote the idea of a “Marriage Amendment” to the U.S. Constitution, right here on this forum (in another life and time, so to speak). Years ago, before the “Defense of Marriage” act, this might have been possible, as even a number of democrats might have voted for it to protect themselves politically. But they wouldn’t vote for it now. It would be all-but impossible to win the two-thirds majorities in both houses of Congress to get an amendment passed and “out to the states”.
Sad to say, Republicans and conservatives passed up their chance to get a Marriage Amendment done — they shied away from it because [for many wishy-washy Republicans] it would be “too divisive” an action. So, they “compromised” with a “Defense of Marriage” Act instead.
Who would have thought that such a law could be overturned by the Supreme Court? Well, think again.
I can’t predict whether the Supreme Court will eventually overturn the DMA. Just too hard to call. What, specifically, does the United States Constitution say about “marriage”? If it says little or nothing, does that give Congress the right to regulate or codify it? Again, this is ticking time bomb, and it may blow up in unpredictable ways.
Of course, if concept of marriage was “codified” into the Constitution, this wouldn’t be the case. That’s what SHOULD have been done, but the elected representatives “of our side” backed away from doing their duty in a timely manner.
One must “strike while the iron is hot”. That includes “political irons”, as well.
The Pubbies let this iron grow cold. It won’t make it’s mark now.
Like you, I wish I could be more optimistic about this. But I’m a cold-hearted realist at the core, and that’s how I see it...
It’s not “marriage-marriage”, judge.
On the other hand, it does raise the question of how same-sex civil unions should be treated with respect to benefits.
I believe marriage is between a man and a woman—anything else gets at least an asterisk. But, I can see a case for civil unions. Then, the question becomes, should real marriage be special with respect to benefits such as pensions, health plans, and insurance?
I’m not sure about that one, as long as gays get to experience all the legal joys of separation, alimony, and post-marital support that normal people are subject to.
Blaming this on Romney appears to show a lack of understanding, it appears, regarding WHO made this bad decision. A federal court, out of the purview of a governor, made the call.
Governors do not appoint federal judges, do they?
What the hell are you talking about? This issue has been winning majority elections by landslides in states nationwide. Support is growing every time a court steps in and throws out the will of the voters. I know this issue it has been part of my life since 2000.
For some highly obscure reason, when people can't win an ordinary election they seem to think the cure is an amendment,
Where did you get that? We ARE winning elections. Protection of Marriage wins EVERYWHERE that it is put to a popular votes. Where we are losing is in the activist courts. THAT is why an amendment is necessary. In fact it is the very reason the amendment process was created.
For instance, there are 99 houses of state legislatures. 13 of them not voting to ratify the amendment would prevent it from passing.
The amendment process takes years and over those years legislatures change. In fact legislatures often change on single issues which was my point in the first place. This issue is VERY popular with the public. It is time to get state representatives nationwide on record and voting on it.
The defense of DOMA has been taken up by the US House, who passed the bill, since Homobama and his Gaystapo "justice" dept have refused to do their constitutional duty. It's actually better this way, because the DOJ's previous efforts to "defend" DOMA were a laughable charade, if not downright sabotage.
This is only one of several attacks on DOMA that the House's appointed counsel are fighting - on both coasts.
If two men or two women are OK - then you cannot make a case that 3 men or 3 women are not. Mixing more than 2 of mixed genders has reproductive responsibility issues but the aforementioned cases do not. Either we use logic or do not.
Good luck with that.
I will be highly surprised if such an amendment ever even comes to the floor in the House or Senate, much less receiving 2/3 of the vote, much less 3/4 of the states ratifying.
Would be nice, but it ain’t gonna happen.
Amendments only pass when they aren’t controversial. The system the Founders designed requires overwhelming public support both nationally and regionally.
It is interesting that while this issue continues to be voted down, polls indicate public movement on the issue is in the direction of approval. Over time, unless this reverses, it will start winning elections.
You can view this as us being on the wrong side of history, if you like. Personally I view it as being on the wrong side of depravity. But the end result is the same.
Blaming this on Romney appears to show a lack of understanding, it appears, regarding WHO made this bad decision. A federal court, out of the purview of a governor, made the call.
Governors do not appoint federal judges, do they?
> We have to bend over backwards to prove how liberal we are.
Y’know, I see a basis for a usable slogan in there.
“I will not bend over backwards for your “right” to bend forwards.”
MARRIAGE VOTE HIGHLIGHTS LIBERAL HYPOCRISY
http://www.donfeder.com/articles/0410marryVote.pdf
OPPOSITION TO MARRIAGE AMENDMENT
BASED ON HYPOCRISY AND CYNICISM
http://www.donfeder.com/articles/0606MPAvote.pdf
Well said.
And the liberals will point this out when the Supreme Court invalidates obamacare
And you know that when the Supreme Court strikes down obamacare, the liberals will be yelling about legislating from the bench
you could say this is a matter opf perspective, but tis not.
Conservative judges adhere to original intent while liberal judges follow the theory of a “living” Constitution - or the law means what they say it means at the moment.
No?
We’ll get flamed for it, but I have to agree with you. It’s not something for the federal government to get involved in.
I understand why everybody on here wants to protect it, and why they want it to be an amendment, but it’s not in the Constitution, and the federal government has no right to legislate on marriage. Unless you want to grant them that power in an amendment specifically tailored to marriage.
Be careful what you wish for...
Garbage. As is, the Supreme Court wanders all over the original clear intent of the Bill of Rights, so your Marriage Amendment wouldn't last any longer in the real world than DOMA will. The Constitution is on fire, it is NOT a fire extinguisher.
If a politician thinks a marriage amendment will keep them in power they will pass it yesterday.
DC lives in a vacume.
This is why the effetes need to be primaried and conservatives have to not be suckered by third party losers.
also when it came close to passing they put a poison pill flag burning amendment in there too. It was a “we tried” BS manuver by the RINOs.
this is why the 10th Amendment and federalism works. Forcing 49% of the nation to accept something they don't want in their state is a recipe for resentment and divisiveness. something leftards love to sow:discord.
why even have state legislatures when we have an all-knowing Federal Goobermint?
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