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Thread: Gay Marriage and 2A....

  1. #131
    Member BaiHu's Avatar
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    Quote Originally Posted by Jeep View Post
    No, because modern constitutional thought is all about whose ox is gored. All people seem to care about is the result and not about how the Constitution is twisted to get to that result. The trouble is that as this becomes standard our courts simply become alternate (and superior) legislatures that produce largely political results.
    Precisely and that's what you call a Banana Republic.
    Fairness leads to extinction much faster than harsh parameters.

  2. #132
    Quote Originally Posted by BaiHu View Post
    Precisely and that's what you call a Banana Republic.

    We are definitely headed that way. One day we might go the full Venezuela.

  3. #133
    Quote Originally Posted by Jeep View Post
    No, because modern constitutional thought is all about whose ox is gored. All people seem to care about is the result and not about how the Constitution is twisted to get to that result. The trouble is that as this becomes standard our courts simply become alternate (and superior) legislatures that produce largely political results.
    1+ to this. People who ignore the goofy gyrations required to come to a decision because they agree with the decision are often the most shocked when they discover that those same precedents are used against them. It's a bitch to realize you enabled your own demise because it was convenient.

  4. #134
    Member BaiHu's Avatar
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    Quote Originally Posted by TAZ View Post
    1+ to this. People who ignore the goofy gyrations required to come to a decision because they agree with the decision are often the most shocked when they discover that those same precedents are used against them. It's a bitch to realize you enabled your own demise because it was convenient.
    Yup.
    Fairness leads to extinction much faster than harsh parameters.

  5. #135
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    However, when the decision goes their way on either side - the proponents think the Constitutional and precedent analysis is genius. When it goes against them, then the analysis is crap.

    I said before, the justices have gut beliefs and then look for precedents and rationales. This makes some folks furious as they think their guy or gal is a constitutional genius (if the decision goes with their gut beliefs).

    What else is new? These aren't the laws of physics but social constructs. Some folks like to think they are the laws of physics or divine immutable principles. So they get all steamed when it doesn't go their way.

  6. #136
    Quote Originally Posted by OnionsAndDragons View Post
    I agree that one should try and make actions line up with beliefs. If a politician genuinely believes that abortion is the killing of a human, they should take a stance against it. What I think does these folks great disservice is the stances they take.

    You can't reasonably try and force law based solely on religious thinking upon an entire population that is comprised of many secular peoples and those of vastly differing religious beliefs. That's one problem.

    An even greater problem is the Republican party's seeming desire to increase the likelihood of our youth to be put in positions where an abortion seems like a logical decision. If Republicans would get with the program and the facts, stop pushing abstinence only sexual ed, and properly inform kids about prevention and risk, then I could take them seriously regarding a stance against abortion.

    Most other developed nations have far better teen pregnancy numbers than we do. They also have factual education about sex and reproduction, and preventive methods, that is widely and easily available to the people at greatest risk.

    Seriously; drop the instances of unplanned pregnancy and you directly drop the number of abortions. If someone were truly serious about abortion being killings, and wanted to stop killings instead of having an issue to fight about, they would support proper fact-based education.


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    Agreed.

  7. #137
    Member LostDuke's Avatar
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    Quote Originally Posted by BaiHu View Post
    First off, I agree with Bobbj22 and my post clearly backs up that even one of the justices (4 to be exact) agree with me!

    Gay rights, 2A and Obamacare aren't the problem. Ignoring how the legislative branch, executive branch and judicial branch work is the problem.

    I don't want gay rights, I want human rights, which naturally encompasses the gay community.

    I don't want gun rights only for red states, I want gun rights for everyone. If the 14th is going to be used to protect gays, then it must be used to treat all of us equally under ALL of our constitutional rights.

    DB said it best here:
    https://www.facebook.com/permalink.p...89679681133490
    In order. SCOTUS decides, when we like a decision there is dissent, when don't there is welcome dissent but the fact is their decision is determined by the majority and that becomes the law of the land. Public employees should only follow the law of the land while at work because they serve everybody blue red and rainbow.

    On the reasoning for the 2a: I see the point and agree with it completely. The post on FB captures not only that but many repressed emotions while being treated as a deviant because I exercise my constitutional rights. I had a discussion about guns last night with my wife that left me bitter and upset. This morning she made up sending me a fabulous email "22 reasons why men prefer guns to women", but the fact remains that even in my family there is a gender-based divide on the right to bear arms that pisses me off to no end.


    I am with you on all of that. I also think that an employee in CT has the duty to apply the law while at work no matter how asinine the gun restriction is. I don't want public offices where everybody feels entitled to their piece of advice while at work, it becomes untenable pretty fast.

    Jeep has objected to examples I offered of religious restrictions saying they were "straw opinions" but they are not. The first was a tenet of the Mormon Church the South African Church and others. The second and third are active prohibitions for Orthodox Jews and Muslims. So much for straw, let's not forget we are in the country where Westboro followers roam the land albeit in small numbers.

    How would you feel about the following: SCOTUS extends our rights on the same principles allowing us to carry with our permits everywhere. You come to MA for a match and they arrest you for carrying because the officer feels that the decision was unconstitutional, and surely there would be a dissent from some judge to back up his BS. Would you be happy about that? Would you feel you live in a country where the law of the land is applied fairly? I think not.

    My point is exact,h that. Gay marriage is the law of the land. End of the b#%^ story. Let's fight the good fight for our rights and let gays be bored miserable and pay more taxes, and get laid less. Fair is fair.

  8. #138
    Member cclaxton's Avatar
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    I find this part of the ruling the core of the argument:
    The challenged laws burden the libertyof same-sex couples, and they abridge central precepts of equality.The marriage laws at issue are in essence unequal: Same-sex couplesare denied benefits afforded opposite-sex couples and are barred fromexercising a fundamental right. Especially against a long history ofdisapproval of their relationships, this denial works a grave and continuingharm, serving to disrespect and subordinate gays and lesbians.Pp. 18–22.(4) The right to marry is a fundamental right inherent in theliberty of the person, and under the Due Process and Equal Protec-Cite as: 576 U. S. ____ (2015) 5Syllabustion Clauses of the Fourteenth Amendment couples of the same-sexmay not be deprived of that right and that liberty. Same-sex couplesmay exercise the fundamental right to marry.
    The Constitution and Bill of Rights and associated SCOTUS rulings that clarify other rights under the penumbra (Right to privacy...Conn v Griswold) create an expectation of liberty and freedom and the right to be treated equally under the laws of our lands. Irregardless of how the SCOTUS justified the decision, the SCOTUS is here to ensure the laws adhere to certain prime tenets that the Constitution/BOR/Precedents guarantee for all citizens. I am sure the SCOTUS would have liked to have seen a Constitutional Amendment to pass and explicitly give gays/lesbians this Constitutional guarantee. But the political realities are not likely to see that happen for many years, if ever. Our society changes faster than that. As the SCOTUS pointed out marriage itself has changed dramatically since the Constitution was written, from arranged marriages to modern marriages. The SCOTUS is there to ensure that citizens' rights don't suffer under many years, if not decades of harm due to political gridlock.

    I am thankful that the SCOTUS protects our rights and watches over us citizens, because legislatures typically do not. I am thankful for Heller, thankful for Griswold, and thankful for Obergefell as they continue to enforce the liberties and rights that we hope our Constitution and our government will guarantee.

    All Monday-morning quarterbacking is meaningless when rights and liberties are denied.

    This is a great country and I am very proud to be a citizen. The Bill of Rights stands as the greatest achievement towards free men and free women the world has ever seen.
    Cody
    That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state;

  9. #139
    Let's see how restrictions placed against gay marriage by the States attempting to curb the ruling will be treated compared to the restrictions in place to prevent Heller.
    Just a Hairy Special Snowflake supply clerk with no field experience, shooting an Asymetric carbine as a Try Hard. Snarky and easily butt hurt. Favorite animal is the Cape Buffalo....likely indicative of a personality disorder.
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  10. #140
    Member Zhurdan's Avatar
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    Quote Originally Posted by cclaxton View Post
    As the SCOTUS pointed out marriage itself has changed dramatically since the Constitution was written, from arranged marriages to modern marriages. The SCOTUS is there to ensure that citizens' rights don't suffer under many years, if not decades of harm due to political gridlock.
    Cody
    Careful... Muskets have changed a lot too.
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