Ninth Circuit rules Prop 8 unconstitutional. (user search)
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  Ninth Circuit rules Prop 8 unconstitutional. (search mode)
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Author Topic: Ninth Circuit rules Prop 8 unconstitutional.  (Read 6521 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: February 07, 2012, 01:14:19 PM »

Can the marriages continue now or is there a stay?

Court leaves stay in place, pending further appeal, so same sex marriages do not resume in California.

Which makes sense, since if the Supreme Court does reverse, have people marry in the interim, only to have the marriages go poof would be far more problematic than a stay.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: February 08, 2012, 01:58:45 AM »
« Edited: February 08, 2012, 02:00:56 AM by True Federalist »

The will of the people of California is that gay marriage be banned. The Federal Government has no right to legislate from the bench. Article One Section Eight of the Constitution says nothing regarding social issues thus the Tenth Amendment is invoked thus the Ninth Circuit was in the wrong regarding this decision. They said it (the ban) violates the 14th Amendment. If the left wants to play that game, we on the right can use that to ban ALL abortions.

Given how the XIVth Amendment indirectly defines personhood with its definition of citizen, a XIVth Amendment based decision could lead to all abortions being legal, including those of fetuses that have reached viability.
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True Federalist (진정한 연방 주의자)
Ernest
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Posts: 42,144
United States


« Reply #2 on: February 13, 2012, 06:41:26 PM »

Can the marriages continue now or is there a stay?

Court leaves stay in place, pending further appeal, so same sex marriages do not resume in California.

Which makes sense, since if the Supreme Court does reverse, have people marry in the interim, only to have the marriages go poof would be far more problematic than a stay.

Agreed.  No matter how you feel on the issue, I think most people would agree that a stay is in the best interest.  When you're dealing with something as wide-reaching as this, you need to keep it in place (the same goes for a judge who finds the healthcare law unconstitutional).

I see no reason for a stay. There are 18,000 married gay couples in California from when gay marriage was legal who remain married.

To bring in a totally unrelated issue to show the absurdity of that position, I suppose you support unrestricted construction of new Israeli settlements in the West Bank since there are already Israeli settlements there.
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