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Did The Four Dissenting Justices In Gay Marriage Case Just Suggest Treason?
The Daily Beast ^ | 06/28/2015 | Jay Michaelson

Posted on 06/28/2015 7:51:48 PM PDT by SeekAndFind

In controversial cases, is the role of jurist to inflame controversy, or quell it?

In Loving v. Virginia, the 1967 case which found race-based marriage bans unconstitutional, Chief Justice Earl Warren built a 9-0 consensus—just as he’d done years earlier in Brown vs. Board of Education. He knew that a country divided by race ought to be united, if possible, by a Supreme Court mindful of fundamental values—even if the Court was, as the constitution requires, overturning the will of the majority.

The four dissents in the landmark case on same-sex marriage, Obergefell v. Hodges, one by each of the conservative justices on today’s Supreme Court, take a very different view. With invective and hyperbole, they pour fuel on the fire of the controversy over same-sex marriage. Rather than merely state their views and disagreements, they use heated language to accuse the five-person majority of imperialism, a “putsch,” and worse.

Thus, the unprecedented calls of elected officials for open revolt against the Supreme Court—a shocking display of treason—are now accompanied by calls from within the Court itself that Obergefell is illegitimate, and the Supreme Court itself no longer worthy of full respect.

Ironically, in alleging a new low for the Court, these four justices have brought one into being. Justice Scalia has, as usual, grabbed the spotlight with juvenile taunting usually reserved for the playground. But in fact, all four opinions are shocking.

Chief Justice Roberts (joined by Scalia and Thomas) makes a solid, and unsurprising, substantive case. There is, after all, no explicit right to marriage (for gays or anyone else) in the Constitution; it is, rather, a fundamental right inferred into the Fourteenth Amendment’s guarantees of due process and equal protection. Thus, one might expect a judicial conservative like Roberts to be suspicious of expanding it,

(Excerpt) Read more at thedailybeast.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: dissent; gaymarriage; supremecourt; treason
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1 posted on 06/28/2015 7:51:48 PM PDT by SeekAndFind
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To: SeekAndFind

Off with their heads!


2 posted on 06/28/2015 7:54:15 PM PDT by nickcarraway
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To: SeekAndFind

Treason has been committed by those who foisted their personal opinions upon the U.S. They have given aid and comfort to the enemy: those who will not abide by the law.

There is no “law of the land” there is only a Judicial Putsch.


3 posted on 06/28/2015 7:54:43 PM PDT by Ray76 (Obama says, "Unlike my mum, Ruth has all the documents needed to prove who Mark's father was.")
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To: SeekAndFind
Did The Four Dissenting Justices In Gay Marriage Case Just Suggest Treason?

If it is necessary to suggest that the sun rose this morning.

4 posted on 06/28/2015 7:56:06 PM PDT by Navy Patriot (America, a Rule of Mob nation)
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To: SeekAndFind

Loving v. Virginia didn’t challenge the institution of marriage in any way, it removed limitations on heterosexual marriage that were rather absurd. The current case redefined the meaning of marriage so as to make it meaningless.


5 posted on 06/28/2015 7:59:33 PM PDT by JimSEA
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To: SeekAndFind
It is very strange. The people who are running things now - in the media, academia, government, even corporations - are often former left-wing radicals who advocated open revolt against the government.

But suddenly rebellion - once their highest goal - is treason. As for me, I'll be flying the DONT TREAD ON ME flag this weekend, not Old Glory. And I will boycott the family 4th of July party, held at my liberal sister's place.
6 posted on 06/28/2015 8:02:44 PM PDT by Steve_Seattle
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To: SeekAndFind

it is not treason to ask Congress to use its constitutional powers to limit the purview of the courts


7 posted on 06/28/2015 8:03:40 PM PDT by GeronL
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To: SeekAndFind

(Sad) Bottom line; the issue is settled law. The Supreme Court sometimes reverses lower courts. It does not reverse itself.

Even worse, Obama thinks he is on a roll.

His next two (highly illegal/improper) Executive Actions may be to try to give voting rights to everyone in the US who (supposedly) pays taxes, etc;, i.e. all the illegal (democrat-voting) immigrants. Citizenship would not matter. They would not have to establish IRS compliance either. The fact that they paid sales tax when they bought their latest 6-pack of Corona would be enough for the Dems.

Next, free by Presidential pardon, all the (Black) drug dealers who pleaded down their serious felony drug dealing charges to drug possession misdemeanors, because the “system is so unfair to poor minor amount drug users.”

It’s coming.


8 posted on 06/28/2015 8:05:20 PM PDT by Crystal Palace East (90% of MSM is lies, except the National Enquirer, of course :))
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To: SeekAndFind

Don’t you love how the Left is suddenly in love with the concept of Treason?

Seems like only yesterday that “ dissent is the highest form of patriotism”...


9 posted on 06/28/2015 8:05:35 PM PDT by Kozak (Walker / Cruz 2016 or Cruz/ Walker 2016 Either one is good...)
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To: JimSEA

I thought virginia was for lovers, not loving.

Sorry. Had to go there.

Amend 14 section three may hold the remedy for our dilemma.

Ban those going against the oath and constitution forever


10 posted on 06/28/2015 8:05:54 PM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world.)
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To: GeronL
"It is not treason to ask Congress to use its constitutional powers to limit the purview of the courts."

Amen. Is it treason when liberals blast the court for decisions that THEY oppose?
11 posted on 06/28/2015 8:05:58 PM PDT by Steve_Seattle
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To: SeekAndFind
Washington D.C. is AWASH in treason...
Treason from Deck to Deck, Keel to PooP Deck... on the Ship of State..

that's not even counting the sedition and espionage..

CURE!..
CWII

12 posted on 06/28/2015 8:06:37 PM PDT by hosepipe (This propaganda has been edited (specifically) to include some fully orbed hyperbole..)
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To: SeekAndFind

SCOTUS isn’t the only one that has trouble with words. Civil disobedience is not treason.


13 posted on 06/28/2015 8:07:46 PM PDT by Cboldt
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To: Crystal Palace East

The court has reversed itself, as it did with Lawrence v. TX in the 1990s.


14 posted on 06/28/2015 8:08:19 PM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: Crystal Palace East
It does not reverse itself.

Yes it does, as in Brown v. Board of Education, which reversed Dred Scott. But they usually don't reverse themselves in their own lifetime, although Kennedy pretty much did that in this case. His concern for state's rights in marriage law evaporated in about two-three years.
15 posted on 06/28/2015 8:08:34 PM PDT by Steve_Seattle
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To: JimSEA

What is often overlooked was Loving found racial standards to be so biased as to be unenforceable. A person of Arab lineage would be stopped from marrying a Persian? A Greek blocked from marrying Irish?

With sex it’s pretty binary with a few exceptions.


16 posted on 06/28/2015 8:08:44 PM PDT by Bogey78O (We had a good run. Coulda been great still.)
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To: Steve_Seattle
...Brown v. Board of Education, which reversed Dred Scott

Brown reversed Plessy v. Ferguson.

17 posted on 06/28/2015 8:09:37 PM PDT by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Publius

Thanks for the correction.


18 posted on 06/28/2015 8:10:19 PM PDT by Steve_Seattle
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To: hosepipe

Or Rev III.


19 posted on 06/28/2015 8:13:30 PM PDT by PeaceBeWithYou (De Oppresso Liber! (50 million and counting in Afghanistan and Iraq))
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To: Steve_Seattle

“And I will boycott the family 4th of July party, held at my liberal sister’s place.”
_____________________________________________________

What’s the point of celebrating, anyway?

It seems like every 4th of July we have fewer liberties, rights, and freedoms than the previous “Independence” day.


20 posted on 06/28/2015 8:13:54 PM PDT by july4thfreedomfoundation (Liberals are like the Taliban and ISIS....destroying cultural icons they don't like.)
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