Silhouette
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- Jul 15, 2013
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- #241
- Nothing Silhouette says is correct.
Have you read post #231 yet Syriusly? Maybe some things Obergefell v Hodges Opinion says are correct? Or are they making that up too?
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Using sexual orientation to win a case from a recent precedent citing sexual orientation's "intrinsic rights' is not "blathering legal nonsense". Are you saying that citing legal precedent is "blathering legal nonsense"? Because then all arguments are "blathering legal nonsense" by your definition
... I am saying that you making up legal precedent is blathering nonsense and will not be used by Turley in the Brown case. Sadly for you, lawyers have to cite precedent that actually exists, not whatever bullshit you pull out of thin air.
From Obergefell v Hodges; Opinion, pages 7-8: https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf
Only in more recent years have psychiatrists and others recognized that sexual orientation is both a normal expression of human sexuality and immutable. See Brief for American Psychological Association et al. as Amici Curiae 7–17....
Your buddies at the APA went gave the Justices their "information" and off that they based their Decision. Kody Brown has an immutable sexual attraction to more than one woman/wife (obviously). And from this he has adopted the Mormon Church offshoot that accepts polygamy, combining his lust with his faith to I suppose legitimize both. In any event, faith notwithstanding, it is his sexual orientation and the consent of his adult wives that will put them over the finish line...
Continued:
in Romer v. Evans, 517 U. S. 620 (1996), the Court invalidated an amendment to Colorado’s Constitution that sought to foreclose any branch or political subdivision of the State from protecting persons against discrimination based on sexual orientation..
Oops, there it is again...
More.. (page 9-10)
Under the Due Process Clause of the Fourteenth Amendment, no State shall “deprive any person of life, liberty, or property, without due process of law.” The fundamental liberties protected by this Clause include most of the rights enumerated in the Bill of Rights. See Duncan v. Louisiana, 391 U. S. 145, 147–149 (1968). In addition these liberties extend to certain personal choices central to individual dignity and autonomy, including intimate choices that define personal identity and beliefs. See, e.g., Eisenstadt v. Baird, 405 U. S. 438, 453 (1972); Griswold v. Connecticut, 381 U. S. 479, 484–486 (1965).
Uh, oh...you mean like the "intimate choices" a polyamorously-oriented man makes towards his wives? If they are consenting and define that choice as a part of their "personal identity and beliefs"...polygamy is a done deal under Obergefell.
And as to "two" being sacred, you can throw that out the window also: (pages 10-11)
..it requires courts to exercise reasoned judgment in identifying interests of the person so fundamental that the State must accord them its respect. See ibid. That process is guided by many of the same considerations relevant to analysis of other constitutional provisions that set forth broad principles rather than specific requirements. History and tradition guide and discipline this inquiry but do not set its outer boundaries. See Lawrence, supra, at 572. That method respects our history and learns from it without allowing the past alone to rule the present
Well then, if "two" was the past, it surely cannot rule the present, now can it?
And....*drum roll*....Turley's citation du jour: (page 11)
One discord might be granting protections and coverages for just one sexual orientation, "intimate choices" "personal identity" and "beliefs" but denying other sexual orientations, intimate choices, personal identity and beliefs. Can't have a law that applies to just one person's gig but not anothers. And since the Court already said history doesn't constrain marriage, then "two" goes out with the bathwater along with the baby.The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.