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Justices Express Skepticism In Oral Arguments For Gay Marriage Case
Huff Post ^ | 4/28/2015 | Riley

Posted on 04/28/2015 8:42:02 AM PDT by VinL

Members of the Supreme Court questioned on Tuesday whether now is the right time to force states to allow same-sex couples to marry, pointing to how quickly public opinion has shifted on the issue of marriage equality.

Justice Anthony Kennedy, who was a key figure in striking down the Defense of Marriage Act in 2013, suggested that he might be worried about the court moving too quickly to force states to marry same-sex couples.

“This definition has been with us for millennia,” Kennedy said of male-female marriages. The justice also said it would be very difficult for the court to say it knows better than the public on the issue.

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


TOPICS: Breaking News; News/Current Events; US: California; US: Indiana; US: Michigan; US: Texas
KEYWORDS: 2016election; anthonykennedy; california; doma; election2016; homosexualagenda; indiana; michigan; mikepence; nancypelosi; popefrancis; rfra; romancatholicism; samesexmarriage; scotus; tedcruz; texas
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To: VinL

That really did make me LOL......


61 posted on 04/28/2015 9:41:51 AM PDT by Din Maker (Anyone considering Gov. Susana Martinez of NM for VP in 2016?)
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To: ModelBreaker
But is a public health issue. And IMO STDs from sodomy are in a class of their own.

It is like the government claiming that smoking tobacco is no different than not smoking tobacco. Or even worse, it is like the government condoning smoking cigarettes and ignoring the fact that there are health issues.

62 posted on 04/28/2015 9:41:55 AM PDT by dhs12345
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To: MrB
The issue of public opinion as I read it is basically- since people are warming up to “gay marriage”, the court doesn't need to require it.
In other words, if your point of view is so popular then you won't mind letting the democratic process play out.
It is a clever (although unnecessary) line of reasoning that may well give Kennedy the cover he needs should he want to rule based on principles of federalism.
The thing that has concerned me for some time is that the Court didn't stay the lower court decisions.
To me that always seemed like an indication that they were going to fall down on the gay side of the issue.
But who knows. Maybe there is a chance of the states winning this one. I have sure been wrong before.
63 posted on 04/28/2015 9:42:11 AM PDT by Clump (I'd rather die with my boots on than live wearing a pair of knee pads.)
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To: jimfree

Just letting state courts force it on states over the next two years?


64 posted on 04/28/2015 9:51:01 AM PDT by nickcarraway
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To: VinL

If Breyer is even on the fence then we are in much better position than I ever thought possible.
Plus that could give Kennedy the cover he needs to do the right thing (not that he should need any).


65 posted on 04/28/2015 9:54:13 AM PDT by Clump (I'd rather die with my boots on than live wearing a pair of knee pads.)
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To: VinL
Does not matter. The fix is already in as Justice Thomas pointed out a few weeks ago.

Does anyone really think that Justice "Sweet Mystery of Life" Kennedy will vote against gay marriage?

5-4 in favor of making gayness a protected class. Bank on it.

66 posted on 04/28/2015 9:58:01 AM PDT by Martin Tell (Victrix causa diis placuit sed victa Catoni.)
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To: VinL

Read an article this morning which said basically ‘Many people expect that the supreme court will rule in favor of gay marriage’

“Many”? Who are these many? Legal experts?

Let’s not forget though that ‘Many legal experts’ expected the Healthcarelaw to be struck down and declared unconstitutional- but we all saw how that went when the traitor and legal dunce John Roberts turned on America by voting that it was legal-

There is NOTHING certain about this ruling today= EXCEPT that you have gays and lesbians/sympathisers on the supreme court hearing the case


67 posted on 04/28/2015 9:58:20 AM PDT by Bob434
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To: rktman

[[Wording people, wording. “oral arguments”?]]

Well blow the man down- good catch- we’ll be more careful from here on out


68 posted on 04/28/2015 9:59:10 AM PDT by Bob434
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To: Dilbert56

I have no problem the law providing for civil unions. It’s calling a union between two members of the same sex “marriage” when, as Justice Kennedy said, marriage has been defined for thousands of years as between a man and a woman.


69 posted on 04/28/2015 10:00:07 AM PDT by srmorton (Deut. 30 19: "..I have set before you life and death,....therefore, choose life..")
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To: VinL

I didn’t read the full article or follow the actual arguments, but based on the excerpt their line of reasoning on this is pretty poor, if the orals are at all reflective of how the opinions will be written. It doesn’t matter how many people (social conservatives) think marriage needs to be defined as one and one, the FedGov has no role in that area. None of these federal judges had the authority or jurisdiction to overturn any of the state bans, the same way none of them have the authority to enforce a one-woman, one-man law. There is no legal basis for federal involvement in these situations, outside of a court case involving a state, in which only the SC has original jurisdiction.


70 posted on 04/28/2015 10:03:08 AM PDT by Svartalfiar
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To: VinL

This should be a clear cut case to decide sicne the supreme’s believe that government has a right to control marriage-

The REASON WHY government took over marriage, was so that they could 1: control it, and 2: incentivize couples to havem ore children, so that, future generations of taxpayers will be born and raised in the safest, healthiest environments possible so that these future generations will be mentally stable enough that they don’t become burdens on society

Gay marriage fails these two concepts of marriage- they do NOT produce future generations, N OT do they allow a child to grow up with the best possible chance at normalcy and productivity in mind- it is a well established fact that kids growing up WITHOUT mother and father tend to be more mentally unstable, more criminal, more suicidal, etc- Yes there are cases where some make it fine- however, children growing up in gay marriage households ARE at GREATER risk than kids that don’t

End of story- Marriage is NOT% a right- Since it was taken over by government, it has become a privilege, granted by the government, for the sole purpose of raising kids in a stable environment so that they will grow up to be tax payers who support the government-


71 posted on 04/28/2015 10:07:27 AM PDT by Bob434
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To: Dilbert56
They sound hesitant to legislate from the bench. Maybe they’ll split the baby. They won’t force a state to classify same sex partners who were “married” in another state as “married” in every state. But each state would still have to offer the legal protection of civil unions - presumed inheritance, medical proxy, etc. A patchwork quilt that prevents nasty surprises.

How many states have legalized the redefinition of marriage? I mean through an actual legislature (or public vote), not through judicial fiat... A scant handful?

SCOTUS doesn't tend to do a system wide smackdown, and effectively, the only way they don't is by upholding the newly discovered right of gays to call their relationships marriage. Anything else; well, gays can no longer call themselves married in many many places. A massive amount of rulings go out the window.

Having said that, SCOTUS has a rare opportunity to re-establish the judicial branch as the judicial branch and not the legislative branch. I know three votes would welcome this change, and two who might want to dial back the role of the judicial in determining public matters.

The mountain of rulings against marriage is a very tough slope to go up. I don't think there's any valid split the baby choice here. It is the states vs the federal judiciary, and that's a pretty uncomfortable position to be in. Federalism vs States Rights is an age old fight in our country, but the courts aren't supposed to be the front lines in such battles.

I think that the howl of homosexuals will be huge at the end of this, and SCOTUS will make the hard decision to detach from the front lines and will indeed make a ruling that effectively overrules mountains of judgments which has forced marriage redefinition on many states. That they'll find that what people are asking for is so extraordinary that it doesn't fall under the full faith and credit recognition and while states can permit such a redefinition, no state must recognize that same recognition.

I think Roberts gave a good warning in his 'it's a tax' ruling; the court might bend over backwards to let the legislature (and the executive) to push their agendas forward, but the courts aren't the ones to pronounce agendas.

Reading oral arguments are like reading tea leaves - an entertaining diversion, but it is a fantasy vs the real world. But SCOTUS rulings are intended for guidance over long time, and I don't think Roberts nor most of the justices wish to see the courts become the legislative and executive branches of 'last resort.'

72 posted on 04/28/2015 10:13:59 AM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: VinL

another point is- gays claim ‘marriage is a right’ and should not be withheld from anyone” Really”

People under a certain age have no ‘right’ to marry-

people can NOT marry more than one person

People can NOT marry non humans

People are NOT permitted to marry both animals and people

People can NOT marry under certain ages without parental permission

etc etc

IF marriage is a ‘right’ then denying any of the above constitutes discrimination

How is it that gay people think they are more special than these other people?


73 posted on 04/28/2015 10:15:15 AM PDT by Bob434
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To: ModelBreaker

[[The 10th amendment REQUIRES them to leave this issue to the States.]]

I’m not sure what the 10’th amendment states, but it seems to me the supreme court has an obligation to set OBJECTIVE definitions whenever states attempt to force SUBJECTIVE interpretations that violate what should be objective laws or customs

This is to prevent states from declaring everyone must shave their heads on Tuesdays to prevent cooties- this clearly violates the constitutional right to pursuit of happiness by forcing people to do what they do not wish to do- especially in light of the fact that cooties are quite rare


74 posted on 04/28/2015 10:21:18 AM PDT by Bob434
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To: MrB

Great points. Seems the Constitution is not their concern but rather the perception of whether their role is ‘timely’.


75 posted on 04/28/2015 10:32:03 AM PDT by Hostage (ARTICLE V)
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To: VinL

They might throw a bone to conservatives on the same-sex marriage issue but then stab them in the back on the upcoming Obamacare case.


76 posted on 04/28/2015 10:38:09 AM PDT by Hostage (ARTICLE V)
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To: VinL

Video: God made marriage, not the Supreme Court

We made this video to show you how many pro-family Americans marched in front of the U.S. Supreme Court in Washington, D.C. on Saturday, April 25.


77 posted on 04/28/2015 10:38:56 AM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: VinL

Pray for sacramental marriages and their families.


78 posted on 04/28/2015 10:39:21 AM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: NRx
Amen!

Marriage=One Man and One Woman 'Til Death Do Us Part


79 posted on 04/28/2015 10:40:56 AM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: Salvation

I loved the music behind the video.

Anyone recognize it?


80 posted on 04/28/2015 10:47:43 AM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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