FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.
Posted on 01/06/2014 7:55:17 AM PST by Colonel_Flagg
The Supreme Court has put gay marriage on hold in Utah. The high court on Monday granted the state a stay in their same-sex marriage challenge. The decision comes after a federal judge last month ruled in favor of gay marriage.
(Excerpt) Read more at foxnews.com ...
If that happened, and if I were with GOA, I'd file suit immediately to use a full faith and credit argument to allow concealed carry in all 50 states. In a heartbeat.
Unfortunately, the liberal judges make things up as they go along.
In spite of there being no areas of federal civil rights laws which deal with the LGBT peoples as a protected class, the liberal judges have been assuming for years that there is such provision in these laws. They have made it up as they went along.
What gets me about this is that there is no real equal protection argument as such. Everyone is treated equally under traditional marriage laws. Any eligible man can marry any eligible woman. All of us are restricted to one partner at a time. All of us are banned from marrying certain close relatives. We’re all treated equally as it is.
I understand that a homosexual doesn’t want to marry an opposite sex partner, but the point is, he/she has the right to do so.
So, this whole area of homosexual marriage court cases is one in which liberal judges make up the legal reasoning needed to arrive at their pre-ordained conclusion that we should allow homosexual marriage.
This is a good sign for protectors of marriage; if the Court believed that the DOMA case had rendered laws against sodomite marriage unconstitutional, it would not have halted the “marriages.”
As I understand it, the DOMA case found DOMA, and only DOMA, unconstitutional on the basis that it was enacted because of animus towards homosexuals. But that doesn’t mean that there are not Constitutional reasons to prohibit marriage; it just means that those reasons weren’t used in the enactment of DOMA (as far as the legislative history indicated).
As most of us know here, marriage was not created with the intention to prohibit homosexuals from participating. Indeed, there can be no such thing as homosexual “marriage” by definition, and so there can be no prohibition on something that doesn’t exist.
Men and women are capable of doing things for society and the species that two dudes or two lesbos cannot. That’s common sense for the vast majority of the world, but when it comes to leftists, there is no such thing as common sense.
Here’s hoping for a SCOTUS ruling that marriage defined as the union of one man and one woman is Constitutional. And maybe that will be the first step toward reversion the Lawrence v Texas case that made butt-effing acceptable recreational activity.
Fascinating take. I had never used that argument before and it makes perfect sense. Thank you.
The LGBT movement strategy since the Supreme Court decisions earlier this year is to have rogue officials open doors to same sex marriage in the various states so that people “get married” and when courts shut doors, use the couples as plantiffs for court cases and “victims” for the media to exploit.
In Utah the federal judge did the dirty work right before Christmas delaying the ability of Utah to fight back and some 900 “marriages” occurred before today.
In my home state of PA a county official in Montgomery County issued licenses until a state court ruled against him.
The LGBT movement was able to “marry” people here in PA creating plantiffs for court cases they hope will legalize gay marriage.
“Unfortunately, the liberal judges make things up as they go along.”
A state having legal gay marriage isn’t what worries me. It’s their funeral. The Full Faith and Credit clause in the Constitution is what worries me.
Other than pulling power away from Supreme Court (was never intended to work as we now allow it)only hope is that one or more of the liberal judges becomes a Christian.
Al things are possible with God....I believe Lord, help my unbelief
Sodomayer for instance, if she was to ask Jesus into her life, that would change things
Don't you just love it when liberals read the Constitution only when it suits them to do so?
That one’ll suit them, as soon as the time is ripe.
As I mentioned upthread, if that happens, we should be suing immediately to exercise Full Faith and Credit with regard to concealed carry.
This is just a speed bump on the highway to hell.
Indeed we should.
FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.
HERBERT, GOV. OF UT, ET AL. V. KITCHEN, DEREK, ET AL.
The application for stay presented to Justice Sotomayor and by her referred to the Court is granted. The permanent injunction issued by the United States District Court for the District of Utah, case No. 2:13-cv-217, on December 20, 2013, is stayed pending final disposition of the appeal by the United States Court of Appeals for the Tenth Circuit.
Dred Scott v. Sandford is the worst ever. It helped precipitate the Civil War. Wickard v. Filburn is definitely in the top 5.
If she had denied the stay request, Utah would have had the right to submit it to a second justice of their choice per standard SCOTUS procedure.
Utah would have chosen Scalia or Thomas. Either could, and likely would, have granted the stay or referred it to the whole court as Sotomayor did.
Sotomayor just circumvented that second stay request because she knew it was inevitable and simply referred it to the whole court herself rather than make Utah go through the legal motions.
IMHO, this is not indicative of her position in any way and is not a surprise. LL may or may not have more to offer by way of legal procedure, etc.
SCOTUS granting a TRO or the like notwithstanding, it’s time to start nullifying federal action that is clearly out of their constitutional bounds.
Not really. She simply delayed the inevitable. See my post #38.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.