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Why SCOTUS Needs To Reevaluate The Problem It Created In Obergefell
The Federalist ^ | 02/19/2025 | Jeremiah Keenan

Posted on 02/19/2025 9:29:19 PM PST by SeekAndFind

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1 posted on 02/19/2025 9:29:19 PM PST by SeekAndFind
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To: rdl6989

Bookmark.


2 posted on 02/19/2025 9:33:53 PM PST by rdl6989
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To: SeekAndFind

I doubt that it will happen, but it will be great if it does.


3 posted on 02/19/2025 9:34:00 PM PST by Engraved-on-His-hands
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To: SeekAndFind

It was a judicial coup by the Communists in the federal courts.

And now we see, despite arguments by John Roberts to the contrary, that the federal courts are hopelessly crippled by politics.


4 posted on 02/19/2025 9:36:21 PM PST by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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To: SeekAndFind

It would be nice. But it’ll never happen. Roberts and the 4 women will never overturn it.


5 posted on 02/19/2025 9:45:59 PM PST by DesertRhino (2016 Star Wars, 2020 The Empire Strikes Back, 2025... RETURN OF THE JEDI...)
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To: SeekAndFind

The 14th Amendment is a slavery amendment devised after a war which was not fought over gay marriage.

14th Amendment does have anything to do with gay marriage, only slavery and black people brought over the Atlantic Ocean in slave ships. Nor did they discuss gay marriage at the debates which created the 14th amendment.

14th Amendment is not and never was capable of addressing the issue of marriage.

The solution to this problem is, as always, originalism. An originalist view of the 14th amendment resolves this issue very simply and very cleanly.


6 posted on 02/19/2025 9:48:14 PM PST by ProgressingAmerica (We cannot vote our way out of these problems. The only way out is to activist our way out.)
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To: ProgressingAmerica

* does not


7 posted on 02/19/2025 9:49:37 PM PST by ProgressingAmerica (We cannot vote our way out of these problems. The only way out is to activist our way out.)
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To: kiryandil

“And now we see, despite arguments by John Roberts to the contrary, that the federal courts are hopelessly crippled by politics.”

Roberts has been proven to be a legal retard.


8 posted on 02/19/2025 9:49:41 PM PST by Paladin2 (the Bee?)
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To: SeekAndFind

Kim Davis has (as far as I know) had her professional life ruined by overlapping, unending lawsuits associated with her one clear act of court defiance. Let’s not even bring up all of those ,”Bake the Gay Cake!!” lawsuits. Too many judges have sided and abetted this lawfare.


9 posted on 02/19/2025 9:50:48 PM PST by lee martell
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To: SeekAndFind

Legally speaking overturning the homosexual marriage decision, won’t have any practical effect.

Congress passed the Respect for Marriage Act in 2022.

That law explicitly legalizes homosexual marriage.

So even if the Sureme Court reverses itself, all that would do is to say that there is no constitutional right to homosexual marriage. It would not overturn laws which explicitly allow for that.

And as noted , a number of states have legalized homosexual marriage in their state laws.

And as we see happening with abortion, with Roe vs. Wade being overturned, the Dobbs decision means that there is no constitutional right to abortion. But it does not prevent legalization of abortion through the legislative process.


10 posted on 02/19/2025 10:04:09 PM PST by Dilbert San Diego
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To: SeekAndFind

I don’t see this as top priority. The article says the gays and the trannies are linked, but I know plenty of gays who want nothing to do with the trannies.


11 posted on 02/19/2025 10:16:20 PM PST by FormerFRLurker ("Those who can make you believe absurdities can make you commit atrocities"-Voltaire)
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To: Dilbert San Diego

Yes, you are correct. If Obergefell is overturned many states will keep legalized same-sex marriage because banning homosexual marriage isn’t as popular an issue as, say, keeping male athletes out of women’s sports.


12 posted on 02/19/2025 10:18:16 PM PST by FormerFRLurker ("Those who can make you believe absurdities can make you commit atrocities"-Voltaire)
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To: SeekAndFind

Man, this will really frost the .000000001% of Idahoans who showed up to protest Trump on the holiday. Maybe they can hold their breaths til they turn blue.


13 posted on 02/19/2025 10:19:56 PM PST by Seruzawa ("The Political left is the Garden of Eden of incompetence" - Marx the Smarter (Groucho))
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To: SeekAndFind
As for people’s sexual attractions and desires, they are — like all attractions and desires — not really “immutable” or biologically inborn.

Sex may be exclusively genetic, but that does not mean homosexuality is therefore not heritable. The author pretends genetics are the exclusive determinant, as if epigenetics do not exist. In that respect, the author does no favors to his argument.

14 posted on 02/19/2025 10:27:34 PM PST by Carry_Okie (The tree of liberty needs a rope.)
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To: GOPJ; poconopundit; Jane Long; Diana in Wisconsin; Grampa Dave; Godzilla; Vaduz; null and void; ...

p


15 posted on 02/19/2025 10:31:32 PM PST by Liz
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To: DesertRhino
Roberts and the 4 women will never overturn it.

Really? Roberts filed a dissent in Obergefell which was joined by Scalia and Thomas.

16 posted on 02/19/2025 10:38:04 PM PST by thegagline (Sic semper tyrannis! Trump & Vance, 2024! (Formerly) Goldwater & Thomas Sowell)
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To: thegagline

He did probono work in Colorado to bring in gay marriage. Back then it was 6-3 so he could be brave. Now the four women would block vote, so he would be the swing vote. No way he would be willing to be THE one who killed it.


17 posted on 02/19/2025 10:57:58 PM PST by DesertRhino (2016 Star Wars, 2020 The Empire Strikes Back, 2025... RETURN OF THE JEDI...)
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To: Engraved-on-His-hands
I doubt that it will happen, but it will be great if it does.

True, but then again, we doubted Roe would be overturned and Trump re-elected.

If God so chooses to move in this, He can and will.

18 posted on 02/19/2025 11:43:47 PM PST by metmom (He who testifies to these things says, “Surely I am coming soon." Amen. Come, Lord Jesus)
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To: SeekAndFind

As long as the government grants benefits to an individual citizen solely on the basis of being married, I have to look closely at any marriage laws.


19 posted on 02/20/2025 12:02:29 AM PST by VanShuyten ("...that all the donkeys were dead. I know nothing as to the fate of the less valuable animals)
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To: ProgressingAmerica
14th Amendment does have anything to do with gay marriage, only slavery and black people brought over the Atlantic Ocean in slave ships.

14A has explicit application to the due process and equal protection rights of all persons.

"...nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

20 posted on 02/20/2025 12:10:59 AM PST by woodpusher
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