The Perry v. Schwarzenegger discussion thread (user search)
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  The Perry v. Schwarzenegger discussion thread (search mode)
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Author Topic: The Perry v. Schwarzenegger discussion thread  (Read 3115 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: February 01, 2010, 10:38:40 PM »

If Walker hands down a decision ruling that the U.S. Constitution requires gay marriage to be recognized by all fifty States it won't survive an appeal to the current Supreme Court.  It also could trigger a Constitutional Convention so that a Defense of Marriage Amendment can be considered that would leave the issue of Marriage to each State.  [I can't see Congress passing such an amendment, and it might not be able to pass 3/4 [38] of the states, but with the assistance of states that want a convention, the lower threshold of 2/3 [34] of the states might be passed to call a convention.]

Also keep in mind that as far as the legal case went, the side of evolution lost the Monkey Trial as the Butler Act (which barred the teaching of evolution in Tennessee public schools) was upheld by the Tennessee Supreme Court.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: February 16, 2010, 12:02:49 AM »

It also could trigger a Constitutional Convention so that a Defense of Marriage Amendment can be considered that would leave the issue of Marriage to each State.

Most likely this would only enrage those who are opposed to same-sex marriage, leading to a huge movement to ban same-sex marriage with a Constitutional amendment.  Most Americans do not believe in federalism, anymore.  It's either same-sex marriage should be banned on a federal level, or should be legalized on a federal level.  Ask anybody on the street what the Tenth Amendment is and they probably wouldn't know.

Such an amendment clarifying that same-sex marriage should be left to the states would be great.  It will never happen, though.  Not with all the hacks in Washington who think that their views are 100% the best for Murica, and should therefor be shoved down everyone's throats.

It's not that I think those opposed to same-sex marriage are proponents of federalism, but that I think they'll realize that they can't hope to get thirty-eight States to approve an amendment for an outright ban, but by reframing it as an issue to be left to the States, it might be able to pass.  Even then it's doubtful it would pass unless it was sent to State Conventions, which the GOP might do if they are in charge of Congress at the time.
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