Four Supreme Court Justices Summarize How June's Gay-Marriage Decision Was Improper/Illegal

Status
Not open for further replies.
From this link: http://www.nationaljournal.com/s/25...nst-supreme-courts-huge-gay-marriage-decision
Chief Justice John Roberts
Roberts’s argument centered around the need to preserve states’ rights rather than follow the turn of public opinion. In ruling in favor of gay marriage, he said, “Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law.”

Justice Antonin Scalia
According to Scalia, the majority ruling represents a “judicial Putsch.”
Scalia wrote that while he has no personal opinions on whether the law should allow same-sex marriage, he feels very strongly that it is not the place of the Supreme Court to decide.
“Until the courts put a stop to it, public debate over same-sex marriage displayed American democracy at its best,” Scalia wrote. “But the Court ends this debate
, in an opinion lacking even a thin veneer of law.”

Justice Clarence Thomas
Thomas, echoing a grievance expressed by many conservative politicians, also lamented that the Supreme Court’s decision is enshrining a definition of marriage into the Constitution in a way that puts it “beyond the reach of the normal democratic process for the entire nation.”

Justice Samuel Alito
Alito also reaffirmed his position that there is no way to confirm what the outcome of gay marriage may be on the institution of traditional marriage, and therefore the Court is and should not be in a position to take on the topic...“At present, no one—including social scientists, philosophers, and historians—can predict with any certainty what the long-term ramifications of widespread acceptance of same-sex marriage will be. And judges are certainly not equipped to make such an assessment,” Alito wrote. Alito said that traditional marriage has existed between a man and woman for one key reason: children.

And as to that last point by Justice Alito: Should Kids Have Had Representation at the Marriage-Contract Revision Hearing? | US Message Board - Political Discussion Forum

Now, I'm not a super powerful lawyer but it seems to me there may be simple contract case law that says if a contract is up for radical revision, the parties who are tacitly signed on to that contract, like children or the states that look after them as future citizens, must have representation at the revision-table.

Not only did that not happen for children and the states' interest in protecting them and their own fiscal future directly impacted by what happens to them growing up, but when adult children raised in gay homes submitted amicus briefs to that revision tribunal, the tribunal (The Fascist-Five) flatly ignored their pleas that they longed for both a mother and father in their home; and that longing damaged them.

Not one word that I know of in June's Opinion addressed these contract parties' concerns. Nor were there attorneys present at the hearing as guardians ad litem for childrens' voices at the table. The most important parties to the marriage contract were systematically barred from the table discussing its radical revision. Not only would contract case law come into play here, but also federal child endangerment statutes. Neglecting to allow a child's voice to cry out in protest is still neglect.

Thomas writes further:

“In our society, marriage is not simply a governmental institution; it is a religious institution as well,” Thomas wrote. “Today’s decision might change the former, but it cannot change the latter. It appears all but inevitable that the two will come into conflict, particularly as individuals and churches are confronted with demands to participate in and endorse civil marriages between same-sex couples.”

And what do you know? Several cases are on their way back to the Court in less than 6 months time on that precise loggerhead of Law. The crap will really hit the fan when Chuck & Dave go to suing a catholic adoption agency for refusing to adopt little boys to them.


They had their chance in conference to convince the other justices, but they failed.

Their arguments failed. The case for restrictions on Gays at the state level was a FAILURE.

That's how our country works. If you don't like it, get the fuck out.

Their writing multiple dissenting opinions was improper and showed their own prejudices.

Hazel.......you're not getting it. If they agree with the ruling, 'that's how the country works'. If they don't, its 'judicial activism', 'tyranny' and 'sedition'. With the sole defining criteria between the former and the latter....

....being if a ruling agrees with what Sil and his ilk already believe.

Sil's entire premise is like Butthurt had a baby with Confirmation Bias.
 
Incest is illegal, whether it is within a marriage or not. You have this problem thinking siblings just want to pork each other.

I don't like the idea of sibling marriage at all, but being a good upstanding, non bigoted citizen, I struggle finding a 14th amendment sound argument against either. Especially since sex is not a requirement of a legal marriage.

I'm not one to stick my head in the sand though.

Polygamy isn't illegal in Utah now. What say you about polygamy marriage? I guess you could use the old LGBT talking points "that polygamy marriage harms the children implicitly part of those marriages"....or has that narrative now suddenly changed? Should the Supreme Court now grant polygamist-American petitioners from Utah and all states by extension the "civil right to marry" (which doesn't exist in the Constitution and never has)? Or would that be up to each individual state? :popcorn:
"Polygamy isn't illegal in Utah now." Actually, it is. You are the perfect example of when stupid people only read headlines. The Federal Judge struck that portion of the bigamy law that made it illegal to cohabit with more than one person of the opposite sex. The decision had nothing to do with the laws that still make it illegal to be actually married to more than one person. Utah Local News - Salt Lake City News, Sports, Archive - The Salt Lake Tribune

First Lawrence v Texas, then homosexuals petition for "civil rights to marry". C'mon, you know how this dance goes. Don't act dumb because it is politically expedient for your dishonest agenda..
I was just pointing out that you lied.
 
Incest is illegal, whether it is within a marriage or not. You have this problem thinking siblings just want to pork each other.

I don't like the idea of sibling marriage at all, but being a good upstanding, non bigoted citizen, I struggle finding a 14th amendment sound argument against either. Especially since sex is not a requirement of a legal marriage.

I'm not one to stick my head in the sand though.

Polygamy isn't illegal in Utah now. What say you about polygamy marriage? I guess you could use the old LGBT talking points "that polygamy marriage harms the children implicitly part of those marriages"....or has that narrative now suddenly changed? Should the Supreme Court now grant polygamist-American petitioners from Utah and all states by extension the "civil right to marry" (which doesn't exist in the Constitution and never has)? Or would that be up to each individual state? :popcorn:
"Polygamy isn't illegal in Utah now." Actually, it is. You are the perfect example of when stupid people only read headlines. The Federal Judge struck that portion of the bigamy law that made it illegal to cohabit with more than one person of the opposite sex. The decision had nothing to do with the laws that still make it illegal to be actually married to more than one person. Utah Local News - Salt Lake City News, Sports, Archive - The Salt Lake Tribune

First Lawrence v Texas, then homosexuals petition for "civil rights to marry". C'mon, you know how this dance goes. Don't act dumb because it is politically expedient for your dishonest agenda..
So, you disagreed with Lawrence v. Texas? You think that gay people should be arrested and imprisoned? You ought to move to Uganda.
 
Incest is illegal, whether it is within a marriage or not. You have this problem thinking siblings just want to pork each other.

I don't like the idea of sibling marriage at all, but being a good upstanding, non bigoted citizen, I struggle finding a 14th amendment sound argument against either. Especially since sex is not a requirement of a legal marriage.

I'm not one to stick my head in the sand though.

Polygamy isn't illegal in Utah now. What say you about polygamy marriage? I guess you could use the old LGBT talking points "that polygamy marriage harms the children implicitly part of those marriages"....or has that narrative now suddenly changed? Should the Supreme Court now grant polygamist-American petitioners from Utah and all states by extension the "civil right to marry" (which doesn't exist in the Constitution and never has)? Or would that be up to each individual state? :popcorn:
"Polygamy isn't illegal in Utah now." Actually, it is. You are the perfect example of when stupid people only read headlines. The Federal Judge struck that portion of the bigamy law that made it illegal to cohabit with more than one person of the opposite sex. The decision had nothing to do with the laws that still make it illegal to be actually married to more than one person. Utah Local News - Salt Lake City News, Sports, Archive - The Salt Lake Tribune

First Lawrence v Texas, then homosexuals petition for "civil rights to marry". C'mon, you know how this dance goes. Don't act dumb because it is politically expedient for your dishonest agenda..
I was just pointing out that you lied.

You might as well point out that Sil posted. As they're virtual synonyms at this point.
 
First Lawrence v Texas, then homosexuals petition for "civil rights to marry". C'mon, you know how this dance goes. Don't act dumb because it is politically expedient for your dishonest agenda..

You complaining about a 'dishonest agenda' may very well be the soul of irony. lol.

I always thought Sil and her cult like behavior when talking about the imaginary 'LGBT cult' was the height. Apparently its an entire range of irony.....with more peaks than the Rockies.

The funny thing is that gays petitioned to marry 32 years before Lawrence v. Texas was decided. :lol:

32 years aye?

Good god dude, show some pride.

See Baker v. Nelson. Good god dude, show some knowledge of the topic.

Edit: My bad, it was 33 years. lol

So it took 46 years?

And my argument is invalid after what, 6 months.

You are one bizarre dude.
 
You complaining about a 'dishonest agenda' may very well be the soul of irony. lol.

I always thought Sil and her cult like behavior when talking about the imaginary 'LGBT cult' was the height. Apparently its an entire range of irony.....with more peaks than the Rockies.

The funny thing is that gays petitioned to marry 32 years before Lawrence v. Texas was decided. :lol:

32 years aye?

Good god dude, show some pride.

See Baker v. Nelson. Good god dude, show some knowledge of the topic.

Edit: My bad, it was 33 years. lol

So it took 46 years?

And my argument is invalid after what, 6 months.

You are one bizarre dude.

The 'implications' of Baker v. Nelson legalized same sex marriage? If no, then you're clearly not following what's being discussed.

And same sex marriage has been legal in the US for 10 years. Yet nothing you've claimed must happen....did happen.

How do you explain your perfect record of failure?
 
sex is not a requirement of a legal marriage.
No it is not, but its assumed that siblings who want to marry will have children. That is a public health interest.

Are you saying siblings or close cousins wanting to receive marriage benefits from the state would promise NOT to have children? If so why would they be getting married? For what reasons?

Why would they promise anything?

In the United States of America (come visit it sometimes). The State has the burdon of proof, not the individual.

It is no more likely that two siblings would break the law within a marriage, then in an LLC. You assume otherwise? That's your problem, not theirs.
You're totally ignoring the state's interest in outlawing polygamy. You can do that, but ignoring it is not an argument

Are you arguing that the State must demonstrate its interest?

You don't understand what happens when the argument is a violation of the equal protection clause of the 14th amendment, in which the STATE MUST SHOW A COMPELLING ARGUEMENT TO DENY THE CONSTITUTIONAL RIGHT OF THE INDIVIDUAL.

what you are arguing is the exact argument made by Virginia to keep races from marrying and the exact same argument made to stop same sex marriage.

Are you saying that NOW you are a racist and a bigot?
 
'Society' elected the Presidents and Senators who put the people on the Court.
Another stunning revelation by none other than our very own NYcarbineer.

We elect our servants, not our masters.
We elect them to make decisions like who to appoint to the Supreme Court. We want them to appoint justices who share our view of the constitution. We want them to use the constitution as it was intended; to protect the rights of all Americans from infringement by the government. Here, that is precisely what they did. Protected the rights of American citizens from infringement upon those rights by a state government.

Unless you don't want to bake a cake, then the government can infringe the shit out of people.
There you are again....complaining about a state's PA law. This thread is about the Obergefell decision. They have nothing to do with each other.

They are related, and my point was in response to a comment made by paddy.
No they are not. One is a state law that was in effect way before Obergefell even started going thru the court system. One is about Public Accommodation in businesses at the state level...the other is a federal court ruling striking down government restrictions on SOME citizens. Not even close.
 
We elect them to make decisions like who to appoint to the Supreme Court. We want them to appoint justices who share our view of the constitution. We want them to use the constitution as it was intended; to protect the rights of all Americans from infringement by the government. Here, that is precisely what they did. Protected the rights of American citizens from infringement upon those rights by a state government.

Unless you don't want to bake a cake, then the government can infringe the shit out of people.

Holding people to public accommodation laws isn't 'infringing' anything. As there's no constitutional right that is lost due to PA laws. The issue has already been adjudicated.

For your argument to be valid, we'd have to accept that YOU define all legal terms that YOU define what is reasonable and that YOU define what is constitutional.

Which, obviously, no one does.

Rome has spoken, the matter is settled, right?

And it is infringing, its just infringement you like. At least be honest about that.

Its an infringement....according to you. Citing yourself. Prentend to define all legal terms, all legal standards, and speak for the constitution.

I don't accept you as doing any of that. Thus, your argument has no legal relevance.

We've done this dance before, Marty. You have nothing but your own opinion to back your argument. And ignore any legal ruling that is inconvenient to your claims. But your willful ignorance doesn't magically make those rulings disappear, or become invalid.

The people in question do not want to participate in a gay wedding. You say they have to. Their rights are being infringed, even if you don't think they are. The more correct version of your sides argument is to say infringing on their rights is outweighed by the rights of the gay couple to get the cake they want, not that no infringement is occurring at all.
You are off topic of this thread. This thread is about Obergefell....not some state PA law.
 
You complaining about a 'dishonest agenda' may very well be the soul of irony. lol.

I always thought Sil and her cult like behavior when talking about the imaginary 'LGBT cult' was the height. Apparently its an entire range of irony.....with more peaks than the Rockies.

The funny thing is that gays petitioned to marry 32 years before Lawrence v. Texas was decided. :lol:

32 years aye?

Good god dude, show some pride.

See Baker v. Nelson. Good god dude, show some knowledge of the topic.

Edit: My bad, it was 33 years. lol

So it took 46 years?

And my argument is invalid after what, 6 months.

You are one bizarre dude.

I proved Sil's claim to be inaccurate. You're being disagreeable just for the sake of being disagreeable.
 
Holding people to public accommodation laws isn't 'infringing' anything. As there's no constitutional right that is lost due to PA laws. The issue has already been adjudicated.

For your argument to be valid, we'd have to accept that YOU define all legal terms that YOU define what is reasonable and that YOU define what is constitutional.

Which, obviously, no one does.

Rome has spoken, the matter is settled, right?

And it is infringing, its just infringement you like. At least be honest about that.

Its an infringement....according to you. Citing yourself. Prentend to define all legal terms, all legal standards, and speak for the constitution.

I don't accept you as doing any of that. Thus, your argument has no legal relevance.

We've done this dance before, Marty. You have nothing but your own opinion to back your argument. And ignore any legal ruling that is inconvenient to your claims. But your willful ignorance doesn't magically make those rulings disappear, or become invalid.

The people in question do not want to participate in a gay wedding. You say they have to.

Why says they are participating in a wedding? You do, citing yourself.

Who says that their rights were infringed? You do, citing yourself.

Who says that PA laws are invalid? You do, citing yourself.

Who says that any ruling you don't agree with is invalid? You do, citing yourself.

Your problem....is that I don't give a shit what your source believes. As our law isn't defined by your personal opinion.

Is there anything to your argument but you citing yourself?

They felt that making the cake was participating in a ceremony they find sinful. Is that true or false?

Their rights are being infringed, just like a felon's 2nd amendment rights are being infringed. However in the 2nd case there is a valid reason that almost everyone agrees with that causes the infringement, i.e. being convicted of a felony.

PA laws can be valid when a compelling government interest is shown, besides hurt feelings.
This thread isn't about PA laws...totally different topic.
 
When you begin to understand how our constitution works, perhaps, you can add something intelligent to discussions like these. There reason for a Bill of Rights and for the 14th Amendment was to insure that certain rights are protected from infringement even if the majority wants to infringe.
But defining marriage isn't an infringement to everyone not included. Two brothers unable to marry aren't infringed upon, it's what society determined. You guys play fast and loose with terminology.
It is an infringement on the rights of those excluded. Whether that infringement is permissible depends on the reason for the infringement. If there is a compelling reason for the infringement, it is constitutional. There is no reason to exclude gay people from marriage, compelling or otherwise. Your ignorance and bigotry and desire to force others to live according to your faith is not a compelling reason.
There's no compelling reason to not allow two or three brothers to marry. Your ignorance and propensity to speak with your head firmly ensconced in your rectum is duly noted.
Well you have the right to go argue your right to marry your 3 brothers in court.

Meanwhile- in the real world- you have your own opinion- citing your own opinion, spoken from firmly within your rectum.
In other words, you can't answer the challenge. The fact is that there's no reason to deny 3 brothers marrying except societal norms. Exactly what you assholes scream about until you get your way. Once you have a favorable law, the law is the law, period.

It's typical of leftists, dishonest, inconsistent and self righteous.

What challenge? I don't want to marry my siblings. I am not the one claiming that siblings now have the right to marry- that would be you and Pops.

If you believe you have the right to marry your siblings now- go for it- challenge the law.

IF you believe that the only reason that you shouldn't marry your 3 brothers is 'societal norms' then go make that argument.

I support your right to challenge the law that you feel is unconstitutional.

Go for it.
 
This thread is an exercise in futility. It is literally the same bullshit rehashed over and over and over again. I am out. lol
 
If you believe that incest and polygamy should be legalized, make your argument. It seems.....you won't touch your own question with a 10 foot pole.
There's no argument against it. That's the point. You're just denying people equal rights that love each other. Bigot.
Then pursue it in the courts....just like gays did. If there is no argument against it, should be a slam dunk. I wish you well in your legal endeavor.
 
This thread is an exercise in futility. It is literally the same bullshit rehashed over and over and over again. I am out. lol

it's a rightwingnut hissy fit because they don't like the court's decision.

and no one no one except for wingers... gives a rat's putout about scale's absurd dissent.
 
This thread is an exercise in futility. It is literally the same bullshit rehashed over and over and over again. I am out. lol

And that's the point of it. Its a thumbersucker thread. Just some like minded folks rocking back and forth, trying to self sooth.
 
This thread is an exercise in futility. It is literally the same bullshit rehashed over and over and over again. I am out. lol
Actually, I always glean at least one useful tidbit of information from such threads....it may be very little but I always learn something new.
 
You're totally ignoring the state's interest in outlawing polygamy. You can do that, but ignoring it is not an argument

Are you arguing that the State must demonstrate its interest?

You don't understand what happens when the argument is a violation of the equal protection clause of the 14th amendment, in which the STATE MUST SHOW A COMPELLING ARGUEMENT TO DENY THE CONSTITUTIONAL RIGHT OF THE INDIVIDUAL.

what you are arguing is the exact argument made by Virginia to keep races from marrying and the exact same argument made to stop same sex marriage.

Are you saying that NOW you are a racist and a bigot?
It's very sad, yet amusing that you apparently have no clue what you are talking about. You can conflate the race based laws and the same sex based laws, with the incest based laws all you want. But doing so does not make for a compelling argument or a rational one.

The state has already demonstrated it's interest. That is why there are anti-incest marriage laws on the books, but...

Incest, which is sexual relations between (non-spouse) family members, is outlawed in most countries, including the United States. Incest laws aim to promote security and unity with the family, and to prevent the genetic problems that often occur in babies whose parents are related.

In the U.S., incest is regulated by state, not federal law, and every state has one or more laws banning this problematic behavior. And while states sometimes vary in defining ..

What is “Family?”
For the purposes of incest laws, “family” can mean several things...

Prosecution and Defenses
Often, a situation involving incest also implicates other criminal laws. For example...

Consent not a defense
A defendant may be convicted of engaging in incest if he knowingly engaged in a sexual encounter with a family member (if no encounter actually took place, the prosecutor may charge the defendant with attempted incest). Because of this...

Who is charged?
Although the ages of the parties are not relevant in proving that incest took place (and are not a defense to such charges), the age of the parties may be relevant as far as who is prosecuted for the crime. For example...

Old cases and the statute of limitations
All states set time periods in which a crime may be prosecuted, such as five or ten years after the incident. Such laws are intended to ensure that cases are handled relatively quickly, and recognize the danger in prosecuting old cases where the facts may be difficult to discern. In some states... -

Incest Laws and Criminal Charges | Nolo.com
and this case...

Generally, in cases like this involving “consensual activity within the home,” it comes down to the question of whether the government has “a compelling state interest” in regulating the activity. “Some courts recognize that the government does have an interest in regulating incestuous conduct because of the risk of pregnancy and the heightened risk of genetic defect,” he says. Other courts will convict even without such a risk: In Ohio, a sexual battery statute states that a stepparent should never have sexual contact with a stepchild (and that is regardless of age). Most courts are concerned about parents preying on their children, he said. “Regardless of the age of the child, there’s still a theory that a parent is always a parent, a child is always a child and, as a result, there truly can’t be a consensual sexual act.” That explains why the daughter isn’t charged in this case. “The idea is the perpetrator is the parent and the victim is the child. We don’t normally prosecute a person falling within the protected class, and you remain a member of the protected class even above age of consent.” -
The law on “consensual” incest
 
Status
Not open for further replies.

Forum List

Back
Top