Virginia AG files brief opposing same sex marriage ban-

Discussion in 'Gay & Lesbian Rights' started by Gorn Captain, Jan 23, 2014.

  1. ProgressivePatriot

    ProgressivePatriot Well-Known Member

    Joined:
    Oct 24, 2013
    Messages:
    6,816
    Likes Received:
    201
    Trophy Points:
    63
    Gender:
    Male
    I simply asked a question....who's liberty are we talking about? If you think that is a non sequitur or any other type of logical fallacy, I would have to conclude that you really don't understand fallacies
     
  2. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    It is about Individual Liberty versus a Collective.

    A collective (of any Body politic) is not Individual in Nature.
     
  3. ProgressivePatriot

    ProgressivePatriot Well-Known Member

    Joined:
    Oct 24, 2013
    Messages:
    6,816
    Likes Received:
    201
    Trophy Points:
    63
    Gender:
    Male
    What is about individual liberty? Same sex marriage? Then you're for it? Jeeezzz man do I have to drag it out of you?
     
  4. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    It is the topic of the thread. Only the right prefers to deny and disparage Individual Liberty for free, in the name of "morals" without any morals tests like there are drug tests.
     
  5. ProgressivePatriot

    ProgressivePatriot Well-Known Member

    Joined:
    Oct 24, 2013
    Messages:
    6,816
    Likes Received:
    201
    Trophy Points:
    63
    Gender:
    Male
    OK I'll take that as an affirmation that you support same sex marriage. Have a good evening
     
  6. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    Yes, I recognize Article 4, Section 2 in our supreme law of the land.

     
  7. ProgressivePatriot

    ProgressivePatriot Well-Known Member

    Joined:
    Oct 24, 2013
    Messages:
    6,816
    Likes Received:
    201
    Trophy Points:
    63
    Gender:
    Male
    OK but that is a rather odd citation since it generally has to do with criminal and fugitive issues. Section one, regarding full faith and credit would be a better choice. Better yet, the equal protection clauses of the 5th and 14th amendments and the equal protection clause of the 14th, since most if not all gay rights cases have turned on those citations and are likely to in the future.
     
  8. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    Nope; it says what it means; unlike those of the opposing view.
     
  9. ProgressivePatriot

    ProgressivePatriot Well-Known Member

    Joined:
    Oct 24, 2013
    Messages:
    6,816
    Likes Received:
    201
    Trophy Points:
    63
    Gender:
    Male
    I you say so
     
  10. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    What else could it mean, but what it says?
     
  11. ProgressivePatriot

    ProgressivePatriot Well-Known Member

    Joined:
    Oct 24, 2013
    Messages:
    6,816
    Likes Received:
    201
    Trophy Points:
    63
    Gender:
    Male
    It could be applicable to the marriage issue, especially if section 1, the full faith and credit clause were included. However, some legal minds think that is not the best argument and I don't know of any cases where it has been tried. Do you?

    I would go with the 5th and 14th amendments. That says what it means too and more clearly. That is what has been wining the cases and will continue to win the cases to come.
     
  12. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    It was ratified by the several States' in their sovereignty. It is a rational choice of law in any conflict of laws arising under the authority of the United States.
     
  13. ProgressivePatriot

    ProgressivePatriot Well-Known Member

    Joined:
    Oct 24, 2013
    Messages:
    6,816
    Likes Received:
    201
    Trophy Points:
    63
    Gender:
    Male
    So your saying that the original constitution carries more weight than the amendments? They were also ratified by the states, although in the case of the 14th it was under duress for the confederacy. Too bad. I'll go with what has been working and what continues to work. Let me know if you find a case that relied on article 4
     
  14. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    We wouldn't have needed a Civil War or those amendments if our elected representatives had been more faithful in their execution of our own laws.
     
  15. ProgressivePatriot

    ProgressivePatriot Well-Known Member

    Joined:
    Oct 24, 2013
    Messages:
    6,816
    Likes Received:
    201
    Trophy Points:
    63
    Gender:
    Male
    It would help if you took more time and effort to explain what you mean. Regardless, we're getting off topic . I stand by what I've said regarding SSM litigation
     
  16. danielpalos

    danielpalos Banned

    Joined:
    Dec 24, 2009
    Messages:
    43,110
    Likes Received:
    459
    Trophy Points:
    83
    Gender:
    Male
    I stand by Article 4, Section 2 as a rational choice of law in any conflict of laws arising under the authority of the United States.

     
  17. dixon76710

    dixon76710 Well-Known Member

    Joined:
    Mar 9, 2010
    Messages:
    58,965
    Likes Received:
    4,565
    Trophy Points:
    113
  18. rahl

    rahl Banned

    Joined:
    May 31, 2010
    Messages:
    62,508
    Likes Received:
    7,651
    Trophy Points:
    113
    State constitutions can't conflict with the US constitution.
     
  19. ProgressivePatriot

    ProgressivePatriot Well-Known Member

    Joined:
    Oct 24, 2013
    Messages:
    6,816
    Likes Received:
    201
    Trophy Points:
    63
    Gender:
    Male
    RICHMOND, Va. (AP) — A federal appeals court refused Wednesday to delay its ruling striking down Virginia's gay marriage ban, which means that same-sex couples could begin marrying in the state as early as next week.


    The state would also need to start recognizing marriages from out of state by next Wednesday, assuming the U.S. Supreme Court does not intervene.

    A county clerk in northern Virginia had asked the 4th U.S. Circuit Court of Appeals in Richmond to stay its decision, issued in late July, while it is appealed to the high court. The appeals court's order did not explain why it denied that request. :clapping::clapping::clapping:

    http://talkingpointsmemo.com/news/judge-wont-delay-gay-marriage-ruling

    - - - Updated - - -

    RICHMOND, Va. (AP) — A federal appeals court refused Wednesday to delay its ruling striking down Virginia's gay marriage ban, which means that same-sex couples could begin marrying in the state as early as next week.


    The state would also need to start recognizing marriages from out of state by next Wednesday, assuming the U.S. Supreme Court does not intervene.

    A county clerk in northern Virginia had asked the 4th U.S. Circuit Court of Appeals in Richmond to stay its decision, issued in late July, while it is appealed to the high court. The appeals court's order did not explain why it denied that request. :clapping::clapping::clapping:

    http://talkingpointsmemo.com/news/judge-wont-delay-gay-marriage-ruling
     
  20. ProgressivePatriot

    ProgressivePatriot Well-Known Member

    Joined:
    Oct 24, 2013
    Messages:
    6,816
    Likes Received:
    201
    Trophy Points:
    63
    Gender:
    Male
    WASHINGTON (AP) — The Supreme Court turned away appeals Monday from five states seeking to prohibit same-sex marriages, paving the way for an immediate expansion of gay and lesbian unions.

    The justices on Monday did not comment in rejecting appeals from Indiana, Oklahoma, Utah, Virginia and Wisconsin. No other state cases were currently pending with the high court, but the justices stopped short of resolving for now the question of same-sex marriage nationwide.

    The court's order immediately ends delays on marriage in those states. Couples in six other states — Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming — should be able to get married in short order. Those states would be bound by the same appellate rulings that were put on hold pending the Supreme Court's review.

    That would make same-sex marriage legal in 30 states and the District of Columbia.

    http://www.huffingtonpost.com/2014/10/06/supreme-court-gay-marriage_n_5938854.html
     
  21. Gorn Captain

    Gorn Captain Banned

    Joined:
    Aug 7, 2012
    Messages:
    35,580
    Likes Received:
    237
    Trophy Points:
    0
    30 states?.....a LONG time ago, those antipathetic to gay marriage rights told us that it would "have to be 25 states, half, or more....to see SSM become legal nation-wide".

    Anybody remember that? I'll bet THEY don't want to. :)
     
  22. ProgressivePatriot

    ProgressivePatriot Well-Known Member

    Joined:
    Oct 24, 2013
    Messages:
    6,816
    Likes Received:
    201
    Trophy Points:
    63
    Gender:
    Male

    Hey, where are all the trolls and bigots today? Under rocks and bridges I suspect.
     
  23. Gorn Captain

    Gorn Captain Banned

    Joined:
    Aug 7, 2012
    Messages:
    35,580
    Likes Received:
    237
    Trophy Points:
    0
    Again, didn't they used to say "It has to hit 19 (or was it 25) states....otherwise it's just a fad and those states where it's legal won't be able to force the other 38 (25) states to obey it"????

    :)
     
  24. Johnny-C

    Johnny-C Well-Known Member

    Joined:
    Apr 4, 2010
    Messages:
    34,039
    Likes Received:
    429
    Trophy Points:
    83
    Gender:
    Male
    This HAD to happen. Most people know that sexual-orientation and the associated relationships between human beings are integral aspects of human life; as such, they are weaved into the basic rights that the spirit of our Constitution protects.

    And be certain that closed-minded bigots, many self-hating/down-low gays and homophobes... could/would generate any reason they could in their minds, to deny that basic right to those they wish to restrict.

    I'm so happy that over the years many have shed bright and continuous LIGHT on the issue, so that things could be changed!!! :)
     
  25. ProgressivePatriot

    ProgressivePatriot Well-Known Member

    Joined:
    Oct 24, 2013
    Messages:
    6,816
    Likes Received:
    201
    Trophy Points:
    63
    Gender:
    Male
    I don't really remember. States don't force other states to do anything. However a critical mass as we have now will turn the heat up
     

Share This Page