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Link Posted: 9/2/2015 1:45:53 PM EDT
[#1]
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Quoted:

I am fucking speechless at the hypocrisy of this woman and that is saying something considering I have  BIG mouth.

Plus, I believe in Jesus Christ for god's sake............but I am fucking speechless.
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............


  lol

According to her.


"To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience,” she said. She added: "I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God’s word.

I am fucking speechless at the hypocrisy of this woman and that is saying something considering I have  BIG mouth.

Plus, I believe in Jesus Christ for god's sake............but I am fucking speechless.


Unless she was married to another woman, I'm not seeing your point ....
Link Posted: 9/2/2015 1:48:41 PM EDT
[#2]
Why not have 0% tax rates, across  the board?

I would support this.

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Quoted:
Yep, 10% across the board, not deductions, no "loopholes", no right offs, no EIC. The ONLY concession I would even consider making is a business incentive of some sort to attract manufacturing, like a 5% break for a max of 5 years for bringing and keeping jobs at home.
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Yeah, I don't want you anywhere near our tax code or any possible reforms of said code.

There are "loop holes" in our tax code however I have not yet had a person accurately articulate even ONE such loop hole to me in all the times I have asked.

A large chunk of the loopholes that were low hanging fruit were closed in the colossal tax act of 1986 (Tax Reform Act of 1986).  

Oh and "write offs" in tax accounting are deductions that reduce taxable income.    Some of those write offs include the cost of goods sold.    If we have an income tax, we damn well better have "write offs" because I can assure you a future Congress is going to do what past Congress's have done and jack the tax rates as high as they can get them only this time you won't have any sort of shield to protect your income.



Link Posted: 9/2/2015 1:50:08 PM EDT
[#3]
Link Posted: 9/2/2015 1:53:37 PM EDT
[#4]
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Quoted:

You should move to some theocratic nation if that's what you want. America is a secular nation, the laws of god have no power or authority here.
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They do if the electorate so chooses.
Link Posted: 9/2/2015 1:58:26 PM EDT
[#5]
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Quoted:


They do if the electorate so chooses.
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You should move to some theocratic nation if that's what you want. America is a secular nation, the laws of god have no power or authority here.


They do if the electorate so chooses.


No they do not. The establishment clause prohibits that. 99% of the population can vote to have Christianity made the official religion and it would not be legal.
Link Posted: 9/2/2015 1:58:52 PM EDT
[#6]
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No, in a constitutional republic the majority cannot violate the rights of the minority.
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There's where to the argument really lies, is defining when it's over reach. Personally I do think the government should have a hand in assuring equal application of the law throughout the 50 states. Be it gun rights, property rights or gay rights. I do hold marriage to be a right between consenting adults. You clearly disagree, but at the end of the day the feds have made their ruling. We'll see how it plays out.


IF marriage is a right, then I should be able to:

Marry more than one person.
Marry my mom.  Or my sister.  Or my daughter.
Marry despite my present status of already married.

If not - why not?  Please explain how your theory of equal protection under the law either extends, or does not, to those situations.


As long as everyone involved is of the age of majority I really don't care if you want to marry your sister and your mother and 37 other people. There's already nothing stopping you from having sex with your mom and sister, what difference does a piece of paper make?

I find the behavior you listed to be disgusting, but I don't see why it should illegal.


The question is NOT whether YOU see why it should be illegal.  rather, the question is, in a representative democracy, are these particulars something that society can regulate through their elected representatives?


No, in a constitutional republic the majority cannot violate the rights of the minority.


Tyranny of and by the minority is not that fun either.
Link Posted: 9/2/2015 1:59:59 PM EDT
[#7]
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How is a county clerk not doing her job rewriting the laws?
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Scalia: do your job or resign.

[I]n my view the choice for the judge who believes the death penalty to be immoral is resignation, rather than simply ignoring duly enacted, constitutional laws and sabotaging death penalty cases. He has, after all, taken an oath to apply the laws and has been given no power to supplant them with rules of his own. Of course if he feels strongly enough he can go beyond mere resignation and lead a political campaign to abolish the death penalty”and if that fails, lead a revolution. But rewrite the laws he cannot do.


https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/02/justice-scalia-explains-why-kim-davis-should-issue-marriage-licenses-to-same-sex-couples-or-find-a-new-job/

You are going to hurt tons of feelerbugs, bro.



How is a county clerk not doing her job rewriting the laws?


A judge is not doing his job by rewriting the laws.

A county clerk is not doing her job by refusing to issue licenses.

Do your job, or resign.
Link Posted: 9/2/2015 2:00:27 PM EDT
[#8]
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Quoted:


Tyranny of and by the minority is not that fun either.
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I'll agree with that statement, but that's not what's happening here. The only thing the supreme court ruling did was say that fags get to have the same piece of paper and the advantages that go with it as straight couples.
Link Posted: 9/2/2015 2:03:58 PM EDT
[#9]
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Quoted:


I'll agree with that statement, but that's not what's happening here. The only thing the supreme court ruling did was say that fags get to have the same piece of paper and the advantages that go with it as straight couples.
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Tyranny of and by the minority is not that fun either.


I'll agree with that statement, but that's not what's happening here. The only thing the supreme court ruling did was say that fags get to have the same piece of paper and the advantages that go with it as straight couples.


Five Supreme Court Justices are the ultimate minority.
Link Posted: 9/2/2015 2:06:28 PM EDT
[#10]
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Quoted:


Five Supreme Court Justices are the ultimate minority.
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Tyranny of and by the minority is not that fun either.


I'll agree with that statement, but that's not what's happening here. The only thing the supreme court ruling did was say that fags get to have the same piece of paper and the advantages that go with it as straight couples.


Five Supreme Court Justices are the ultimate minority.


They made a ruling within their purview. The plaintiff's took their case through all the proper legal channels and the judges made their ruling.

IF nolo gets his lawsuit before the supreme court and they rule in his favor I'm sure no one here will be complaining.
Link Posted: 9/2/2015 2:10:38 PM EDT
[#11]
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Quoted:
Why not have 0% tax rates, across  the board?

I would support this.



Yeah, I don't want you anywhere near our tax code or any possible reforms of said code.

There are "loop holes" in our tax code however I have not yet had a person accurately articulate even ONE such loop hole to me in all the times I have asked.

A large chunk of the loopholes that were low hanging fruit were closed in the colossal tax act of 1986 (Tax Reform Act of 1986).  

Oh and "write offs" in tax accounting are deductions that reduce taxable income.    Some of those write offs include the cost of goods sold.    If we have an income tax, we damn well better have "write offs" because I can assure you a future Congress is going to do what past Congress's have done and jack the tax rates as high as they can get them only this time you won't have any sort of shield to protect your income.



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Quoted:
Why not have 0% tax rates, across  the board?

I would support this.

Quoted:
Yep, 10% across the board, not deductions, no "loopholes", no right offs, no EIC. The ONLY concession I would even consider making is a business incentive of some sort to attract manufacturing, like a 5% break for a max of 5 years for bringing and keeping jobs at home.


Yeah, I don't want you anywhere near our tax code or any possible reforms of said code.

There are "loop holes" in our tax code however I have not yet had a person accurately articulate even ONE such loop hole to me in all the times I have asked.

A large chunk of the loopholes that were low hanging fruit were closed in the colossal tax act of 1986 (Tax Reform Act of 1986).  

Oh and "write offs" in tax accounting are deductions that reduce taxable income.    Some of those write offs include the cost of goods sold.    If we have an income tax, we damn well better have "write offs" because I can assure you a future Congress is going to do what past Congress's have done and jack the tax rates as high as they can get them only this time you won't have any sort of shield to protect your income.





I put "loopholes" in quotes because they don't exist, kinda like "gunshow loopholes" don't exist.

I know what (sorry for the spelling error) are, I have owned, grown and sold at a profit 4 different business', but since we will never get a flat tax because the government is more worried about itself then the people, it's a moot point anyway.
Link Posted: 9/2/2015 2:13:29 PM EDT
[#12]
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Quoted:
They made a ruling within their purview. The plaintiff's took their case through all the proper legal channels and the judges made their ruling.

IF nolo gets his lawsuit before the supreme court and they rule in his favor I'm sure no one here will be complaining.
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They made a ruling within their purview. The plaintiff's took their case through all the proper legal channels and the judges made their ruling.

IF nolo gets his lawsuit before the supreme court and they rule in his favor I'm sure no one here will be complaining.


For Roberts:  

Many people will rejoice at this decision, and I
begrudge none their celebration. But for those who believe
in a government of laws, not of men, the majority’s approach
is deeply disheartening. Supporters of same-sex
marriage have achieved considerable success persuading
their fellow citizens—through the democratic process—to
adopt their view. That ends today. Five lawyers have
closed the debate and enacted their own vision of marriage
as a matter of constitutional law. Stealing this issue from
the people will for many cast a cloud over same-sex marriage,
making a dramatic social change that much more
difficult to accept.

....

Understand well what this dissent is about: It is not
about whether, in my judgment, the institution of marriage
should be changed to include same-sex couples. It is
instead about whether, in our democratic republic, that
decision should rest with the people acting through their
elected representatives, or with five lawyers who happen
to hold commissions authorizing them to resolve legal
disputes according to law. The Constitution leaves no
doubt about the answer.

...



From Scalia:

It is of overwhelming importance, however, who it
is that rules me. Today’s decree says that my Ruler, and
the Ruler of 320 million Americans coast-to-coast, is a
majority of the nine lawyers on the Supreme Court. The
opinion in these cases is the furthest extension in fact—
and the furthest extension one can even imagine—of the
Court’s claimed power to create “liberties” that the Constitution
and its Amendments neglect to mention. This
practice of constitutional revision by an unelected committee
of nine, always accompanied (as it is today) by extravagant
praise of liberty, robs the People of the most important
liberty they asserted in the Declaration of
Independence and won in the Revolution of 1776: the
freedom to govern themselves.


...

This is a naked judicial claim to legislative—indeed,
super-legislative—power; a claim fundamentally at odds
with our system of government.
Except as limited by a
constitutional prohibition agreed to by the People, the
States are free to adopt whatever laws they like, even
those that offend the esteemed Justices’ “reasoned judgment.”
A system of government that makes the People
subordinate to a committee of nine unelected lawyers does
not deserve to be called a democracy.
Link Posted: 9/2/2015 2:15:56 PM EDT
[#13]
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That's about as many as she has had over the years hasn't she?
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...............

You will give fucks when some Morman "family" has a multimillion dollar income and no income tax because they have 40+ deductions.  Gee - I wonder how many sham marriages tax issues alone will cause?

That's about as many as she has had over the years hasn't she?


No.  Math much?
Link Posted: 9/2/2015 2:17:38 PM EDT
[#14]
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If you have an issue with tax policy, fix the tax policy.

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You will give fucks when some Morman "family" has a multimillion dollar income and no income tax because they have 40+ deductions.  Gee - I wonder how many sham marriages tax issues alone will cause?


If you have an issue with tax policy, fix the tax policy.



If you have an issue with the definition of marriage, fix the law.   Don't magic it away.
Link Posted: 9/2/2015 2:18:25 PM EDT
[#15]
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Quoted:


They made a ruling within their purview. The plaintiff's took their case through all the proper legal channels and the judges made their ruling.

IF nolo gets his lawsuit before the supreme court and they rule in his favor I'm sure no one here will be complaining.
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Tyranny of and by the minority is not that fun either.


I'll agree with that statement, but that's not what's happening here. The only thing the supreme court ruling did was say that fags get to have the same piece of paper and the advantages that go with it as straight couples.


Five Supreme Court Justices are the ultimate minority.


They made a ruling within their purview. The plaintiff's took their case through all the proper legal channels and the judges made their ruling.

IF nolo gets his lawsuit before the supreme court and they rule in his favor I'm sure no one here will be complaining.



The Obergefell ruling was not within their purview.  There is nothing in Article III Section 2 that put this case in their jurisdiction.  As to Nolo's case - I have been constantly and consistently against incorporation on the BOR, moreover, ALL national firearm laws are unconstitutional the moment they are signed into law.  State constitutions are sufficient in maintaining ordered liberty, and if one does not like the ordered liberty that a particular state provides, one can change it or move.  There is no where to move under this decision and little or no way to change the ruling.  This is the ultimate tyranny of the minority.

....edited for further thoughts.
Link Posted: 9/2/2015 2:19:22 PM EDT
[#16]
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Quoted:
I put "loopholes" in quotes because they don't exist, kinda like "gunshow loopholes" don't exist.
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I put "loopholes" in quotes because they don't exist, kinda like "gunshow loopholes" don't exist.


Except there are loop holes that do exist; it's just that your average person is generally unaware of what they are.

Quoted:I know what (sorry for the spelling error) are, I have owned, grown and sold at a profit 4 different business', but since we will never get a flat tax because the government is more worried about itself then the people, it's a moot point anyway.


I did not take issue with your spelling (lord knows I misspell my fair share); I took issue with the substance of your post.

Congratulations on being a successful business owner.

Furthermore, why on earth do you want a flat tax?   A flat tax is only preferable to what we have currently.     I say 0 income tax and 0 flat tax.   There are ways to fund the necessary and proper functions of the federal government with out the system we have currently.
Link Posted: 9/2/2015 2:19:39 PM EDT
[#17]
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Your statement needs context and application. Without it, I can say with "owning black people could be considered "ordered liberty".

Cite an example in the texts from the Founding Fathers where ordered liberty involving the restriction of activities done behind closed doors.

Otherwise, you're just blowing smoke.
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Heller and McDonald were decided by a 5 - 4 vote.   In light of that, what we are discussing here should scare the **** out of you.


I have no idea where this tangent came from. However to address it;

The government restricts an individual's right to own a gun.

The government restricts an individual's right to get married solely on the basis of gender.

If courts slap either one of these down, it is good for liberty. Liberty isn't passing laws that restrict individuals from doing shit you find distasteful. It just isn't, even if you really really hate it.



The Founding Fathers envisioned "ordered liberty".

Not some Randian libertarian wet-dream free-for-all.


Your statement needs context and application. Without it, I can say with "owning black people could be considered "ordered liberty".

Cite an example in the texts from the Founding Fathers where ordered liberty involving the restriction of activities done behind closed doors.

Otherwise, you're just blowing smoke.


You do know that some very notable Founding Fathers were all in favor of the death penalty for male homosexuals - right?  How is THAT for "context and application"?

Can YOU cite notable state-sanctioned gay marriages from the time of the Founding Fathers?
Link Posted: 9/2/2015 2:19:42 PM EDT
[#18]
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  Her words show that she is acting in prohibited discrimination, and it's crystal clear that she's trying to shield herself from the charge by denying licenses to all applicants.  It's not even thinly veiled; it's blatantly obvious.


You really think this is comparable to not opening a restaurant?  
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1. I don't see how she can be locked up indefinitely, since incarceration for civil contempt requires that the contemnor have the immediate ability to purge and thereby gain release and she can't very well issue marriage licenses from jail.

2. I still haven't figured out how a federal court got jurisdiction over this matter. She is not violating Obergefell, which says that licenses must be issued to same-sex couples on the same terms as they are issued to heterosexual couples. She is not issuing licenses to anyone and therefore not discriminating against anyone; no federal rights are implicated.

  It's clear that her intent is to deny marriage licenses to same sex couples in violation of SCOTUS's rulings.  That she chooses to not issue any marriage licenses to anybody in order to carry out this intent does not shield her.


Her intent doesn't matter. What matters is whether she is actually engaging in prohibited discrimination, unless there is some other basis for federal jurisdiction. If an individual chooses not to open a restaurant because he doesn't want to serve black people, nobody has a discrimination claim. OTOH, if that person opens a restaurant and posts a "whites only" sign, he's in trouble.

  Her words show that she is acting in prohibited discrimination, and it's crystal clear that she's trying to shield herself from the charge by denying licenses to all applicants.  It's not even thinly veiled; it's blatantly obvious.


You really think this is comparable to not opening a restaurant?  


You really think that intent to discriminate without discriminatory action is discrimination?
Link Posted: 9/2/2015 2:20:10 PM EDT
[#19]
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Quoted:


For Roberts:  



From Scalia:

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They made a ruling within their purview. The plaintiff's took their case through all the proper legal channels and the judges made their ruling.

IF nolo gets his lawsuit before the supreme court and they rule in his favor I'm sure no one here will be complaining.


For Roberts:  

Many people will rejoice at this decision, and I
begrudge none their celebration. But for those who believe
in a government of laws, not of men, the majority’s approach
is deeply disheartening. Supporters of same-sex
marriage have achieved considerable success persuading
their fellow citizens—through the democratic process—to
adopt their view. That ends today. Five lawyers have
closed the debate and enacted their own vision of marriage
as a matter of constitutional law. Stealing this issue from
the people will for many cast a cloud over same-sex marriage,
making a dramatic social change that much more
difficult to accept.

....

Understand well what this dissent is about: It is not
about whether, in my judgment, the institution of marriage
should be changed to include same-sex couples. It is
instead about whether, in our democratic republic, that
decision should rest with the people acting through their
elected representatives, or with five lawyers who happen
to hold commissions authorizing them to resolve legal
disputes according to law. The Constitution leaves no
doubt about the answer.

...



From Scalia:

It is of overwhelming importance, however, who it
is that rules me. Today’s decree says that my Ruler, and
the Ruler of 320 million Americans coast-to-coast, is a
majority of the nine lawyers on the Supreme Court. The
opinion in these cases is the furthest extension in fact—
and the furthest extension one can even imagine—of the
Court’s claimed power to create “liberties” that the Constitution
and its Amendments neglect to mention. This
practice of constitutional revision by an unelected committee
of nine, always accompanied (as it is today) by extravagant
praise of liberty, robs the People of the most important
liberty they asserted in the Declaration of
Independence and won in the Revolution of 1776: the
freedom to govern themselves.


...

This is a naked judicial claim to legislative—indeed,
super-legislative—power; a claim fundamentally at odds
with our system of government.
Except as limited by a
constitutional prohibition agreed to by the People, the
States are free to adopt whatever laws they like, even
those that offend the esteemed Justices’ “reasoned judgment.”
A system of government that makes the People
subordinate to a committee of nine unelected lawyers does
not deserve to be called a democracy.


His comments only matter if you believe the laws regarding the banning of same sex marriage were legitimate to begin with. I do not.

Just as I don't believe gun control laws are legitimate. When the government legislates over that which they have no authority, then it doesn't matter which branch strikes them down. They never should have been in place to begin with.
Link Posted: 9/2/2015 2:22:14 PM EDT
[#20]
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Quoted:


A judge is not doing his job by rewriting the laws.

A county clerk is not doing her job by refusing to issue licenses.

Do your job, or resign.
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Scalia: do your job or resign.

[I]n my view the choice for the judge who believes the death penalty to be immoral is resignation, rather than simply ignoring duly enacted, constitutional laws and sabotaging death penalty cases. He has, after all, taken an oath to apply the laws and has been given no power to supplant them with rules of his own. Of course if he feels strongly enough he can go beyond mere resignation and lead a political campaign to abolish the death penalty”and if that fails, lead a revolution. But rewrite the laws he cannot do.


https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/02/justice-scalia-explains-why-kim-davis-should-issue-marriage-licenses-to-same-sex-couples-or-find-a-new-job/

You are going to hurt tons of feelerbugs, bro.



How is a county clerk not doing her job rewriting the laws?


A judge is not doing his job by rewriting the laws.

A county clerk is not doing her job by refusing to issue licenses.

Do your job, or resign.


Scalia's remark is about not rewriting laws. The clerk is not rewriting laws. She is apparently derelict in her duties under state law, but she is not changing the law, nor is she doing anything that warrants federal intervention.
Link Posted: 9/2/2015 2:22:33 PM EDT
[#21]
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Quoted:



The Obergefell ruling was not within their purview.  There is nothing in Article III Section 2 that put this case in their jurisdiction.  As to Nolo's case - I have been constantly and consistently against incorporation on the BOR, moreover, ALL national firearm laws are unconstitutional the moment they are signed into law.  State constitutions are sufficient in maintaining ordered liberty.
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Tyranny of and by the minority is not that fun either.


I'll agree with that statement, but that's not what's happening here. The only thing the supreme court ruling did was say that fags get to have the same piece of paper and the advantages that go with it as straight couples.


Five Supreme Court Justices are the ultimate minority.


They made a ruling within their purview. The plaintiff's took their case through all the proper legal channels and the judges made their ruling.

IF nolo gets his lawsuit before the supreme court and they rule in his favor I'm sure no one here will be complaining.



The Obergefell ruling was not within their purview.  There is nothing in Article III Section 2 that put this case in their jurisdiction.  As to Nolo's case - I have been constantly and consistently against incorporation on the BOR, moreover, ALL national firearm laws are unconstitutional the moment they are signed into law.  State constitutions are sufficient in maintaining ordered liberty.


State constitutions that pass amendments that violate the rights of minorities within their borders are no more legitimate than the gun control laws.

It's gotten to be a rather tired argument, but if KY passed an amendment that slavery was legal in the state it would still be wrong even if the majority of the state approved of it.
Link Posted: 9/2/2015 2:23:39 PM EDT
[#22]
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So gays getting married automatically means you'll come into contact with tainted blood, and that said blood is tainted because they are married, and is only tainted because they are married?
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So gays getting married automatically means you'll come into contact with tainted blood, and that said blood is tainted because they are married, and is only tainted because they are married?


Homosexual conduct increase the likelihood.  Therefor, it is well within the legitimate exercise of societal power to refuse to sanction it in a marriage.

With gays transmitting AIDS to each other at a higher clip, how does them getting married impact this rate? How would that impact you specifically?


Better question - how does the Federal government seize the power to define and regulate marriage from the States that created it?  The questions you aks only have meaning if this question remained within the legislative process.  The 9 black robes have seen fit to remove it from there.
Link Posted: 9/2/2015 2:23:54 PM EDT
[#23]
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Quoted:
You do know that some very notable Founding Fathers were all in favor of the death penalty for male homosexuals - right?  How is THAT for "context and application"?

Can YOU cite notable state-sanctioned gay marriages from the time of the Founding Fathers?
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You do know that some very notable Founding Fathers were all in favor of the death penalty for male homosexuals - right?  How is THAT for "context and application"?

Can YOU cite notable state-sanctioned gay marriages from the time of the Founding Fathers?


If memory serves, Thomas Jefferson wrote a set of proposed laws for Virginia that lowered the penalty for sodomy from execution to merely mutilation.  

Whosoever shall be guilty of Rape, Polygamy, or Sodomy with man or woman shall be punished, if a man, by castration, if a woman, by cutting thro' the cartilage of her nose a hole of one half inch diameter at the least.


Thomas Jefferson, A Bill for Proportioning Crimes and Punishments 1778  
Link Posted: 9/2/2015 2:24:37 PM EDT
[#24]
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Quoted:
Scalia's remark is about not rewriting laws. The clerk is not rewriting laws. She is apparently derelict in her duties under state law, but she is not changing the law, nor is she doing anything that warrants federal intervention.
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Scalia's remark is about a civil servant doing its job.  Its quite simple.
Link Posted: 9/2/2015 2:25:27 PM EDT
[#25]
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Quoted:



People tend not to truly change, you are correct. She maybe putting on a slick facade and you people buy it hook line and sinker.

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Perhaps.  Or perhaps you are just being cynical and concentrating on the messenger, rather than the message.  Perhaps.

As to people changing, they can and do.  Whether you choose to believe so or not.
Link Posted: 9/2/2015 2:26:30 PM EDT
[#26]
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Quoted:
No, in a constitutional republic the majority cannot violate the rights of the minority.
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When did the minority right in question here come into being?


Link Posted: 9/2/2015 2:27:57 PM EDT
[#27]

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Quoted:   ....Just as I don't believe gun control laws are legitimate. When the government legislates over that which they have no authority, then it doesn't matter which branch strikes them down. They never should have been in place to begin with.
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Quoted:   ....Just as I don't believe gun control laws are legitimate. When the government legislates over that which they have no authority, then it doesn't matter which branch strikes them down. They never should have been in place to begin with.


From Justice Thomas:  


Nor, under the broader definition, can they claim that
the States have restricted their ability to go about their
daily lives as they would be able to absent governmental
restrictions. Petitioners do not ask this Court to order the
States to stop restricting their ability to enter same-sex
relationships, to engage in intimate behavior, to make
vows to their partners in public ceremonies, to engage in
religious wedding ceremonies, to hold themselves out as
married, or to raise children. The States have imposed no
such restrictions. Nor have the States prevented petitioners
from approximating a number of incidents of marriage
through private legal means, such as wills, trusts, and
powers of attorney.

Instead, the States have refused to grant them governmental
entitlements. Petitioners claim that as a matter of
“liberty,” they are entitled to access privileges and benefits
that exist solely because of the government. They want,
for example, to receive the State’s imprimatur on their
marriages—on state issued marriage licenses, death certificates,
or other official forms. And they want to receive
various monetary benefits, including reduced inheritance
taxes upon the death of a spouse, compensation if a spouse
dies as a result of a work-related injury, or loss of consortium
damages in tort suits. But receiving governmental
recognition and benefits has nothing to do with any understanding
of “liberty” that the Framers would have
recognized.


To the extent that the Framers would have recognized a
natural right to marriage that fell within the broader
definition of liberty, it would not have included a right to
governmental recognition and benefits. Instead, it would
have included a right to engage in the very same activities
that petitioners have been left free to engage in—making
vows, holding religious ceremonies celebrating those vows,
raising children, and otherwise enjoying the society of
one’s spouse—without governmental interference. At the
founding, such conduct was understood to predate government,
not to flow from it.
Link Posted: 9/2/2015 2:28:13 PM EDT
[#28]
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Quoted:


When did the minority right in question here come into being?


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Quoted:
No, in a constitutional republic the majority cannot violate the rights of the minority.


When did the minority right in question here come into being?




When the government became responsible for issuing marriage licenses.
Link Posted: 9/2/2015 2:30:22 PM EDT
[#29]
I'm bored with this thread, no one's going to change anyone's mind anyway. So I wish you all good day
Link Posted: 9/2/2015 2:31:09 PM EDT
[#30]
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Quoted:

State constitutions that pass amendments that violate the rights of minorities within their borders are no more legitimate than the gun control laws.

It's gotten to be a rather tired argument, but if KY passed an amendment that slavery was legal in the state it would still be wrong even if the majority of the state approved of it.
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It would be wrong, but it would only be invalid because of the 13thAm.
Link Posted: 9/2/2015 2:31:20 PM EDT
[#31]
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Quoted:
When the government became responsible for issuing marriage licenses.
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Quoted:
When the government became responsible for issuing marriage licenses.


Here is what Scalia  said to address that specific issue:

But what really astounds is the hubris reflected in
today’s judicial Putsch. The five Justices who compose
today’s majority are entirely comfortable concluding that
every State violated the Constitution for all of the 135
years between the Fourteenth Amendment’s ratification
and Massachusetts’ permitting of same-sex marriages in
2003.20 They have discovered in the Fourteenth Amendment
a “fundamental right” overlooked by every person
alive at the time of ratification, and almost everyone else
in the time since. They see what lesser legal minds—
minds like Thomas Cooley, John Marshall Harlan, Oliver
Wendell Holmes, Jr., Learned Hand, Louis Brandeis,
William Howard Taft, Benjamin Cardozo, Hugo Black,
Felix Frankfurter, Robert Jackson, and Henry Friendly—
could not. They are certain that the People ratified the
Fourteenth Amendment to bestow on them the power to
remove questions from the democratic process when that
is called for by their “reasoned judgment.” These Justices
know that limiting marriage to one man and one woman is
contrary to reason; they know that an institution as old as
government itself, and accepted by every nation in history
until 15 years ago,21 cannot possibly be supported by
anything other than ignorance or bigotry.
And they are
willing to say that any citizen who does not agree with
that, who adheres to what was, until 15 years ago, the
unanimous judgment of all generations and all societies,
stands against the Constitution.
The opinion is couched in a style that is as pretentious
as its content is egotistic. It is one thing for separate concurring
or dissenting opinions to contain extravagances,
even silly extravagances, of thought and expression; it is
something else for the official opinion of the Court to do
so.22 Of course the opinion’s showy profundities are often
profoundly incoherent.
Link Posted: 9/2/2015 2:33:05 PM EDT
[#32]
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Quoted:

What he said is absolutely correct. More liberty and less government involvement. Not the other way around. What you want is to use force of government to tell two other people what they can and cannot do, despite the fact that it doesn't affect you. I know you can reach all kinds of justifications for how it will destroy the world and ruin this or that. The hand wringing aside, it doesn't affect you and you're trying to impose your will, through law, on people you disagree with on religious grounds.

[ETA] I would prefer this to be a state's rights issue but it isn't.
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What he said is absolutely WRONG.   This isn't "more liberty and less government" - it is an abrogation of State and Federal legislative authority by the judiciary.  It is the concentration of all and ultimate power in the hands of 5 of 9 unelected lawyers who were never given that power under the Constitution.  It is a complete end-run around the Constitution, and it endangers everything that the Constitution protects.
Link Posted: 9/2/2015 2:34:12 PM EDT
[#33]
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Quoted:


Except there are loop holes that do exist; it's just that your average person is generally unaware of what they are.



I did not take issue with your spelling (lord knows I misspell my fair share); I took issue with the substance of your post.

Congratulations on being a successful business owner.

Furthermore, why on earth do you want a flat tax?   A flat tax is only preferable to what we have currently.     I say 0 income tax and 0 flat tax.   There are ways to fund the necessary and proper functions of the federal government with out the system we have currently.
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I put "loopholes" in quotes because they don't exist, kinda like "gunshow loopholes" don't exist.


Except there are loop holes that do exist; it's just that your average person is generally unaware of what they are.

Quoted:I know what (sorry for the spelling error) are, I have owned, grown and sold at a profit 4 different business', but since we will never get a flat tax because the government is more worried about itself then the people, it's a moot point anyway.


I did not take issue with your spelling (lord knows I misspell my fair share); I took issue with the substance of your post.

Congratulations on being a successful business owner.

Furthermore, why on earth do you want a flat tax?   A flat tax is only preferable to what we have currently.     I say 0 income tax and 0 flat tax.   There are ways to fund the necessary and proper functions of the federal government with out the system we have currently.


I understand 2 things, after that all things "tax" hurt my head because I can't think in the terms of all the tax code BS. first is that the current system is WAY to complicated, second is that I understand the t "10% (or whatever), no haggling.", so if you can explain alternatives in a way that makes sense and shows how it won't be abused, I am up for an education.
Link Posted: 9/2/2015 2:34:41 PM EDT
[#34]
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Quoted:



She's not doing the job she was elected to perform.  In most career fields that gets you fired.
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While I don't agree that using "God's authority" as the reason for your actions, she could simply say she has strong personal convictions and will not follow through with the order.  But with that aside, I applaud her for standing up to these assholes.


She is refusing to issue licenses to ANYBODY, not just gay couples.



She's not doing the job she was elected to perform.  In most career fields that gets you fired.


When she was elected, she was not required to issue marriage licenses to gay couples. They changed the rules AFTER she was elected to her job. I think she has a right to take her stand. If the people don't like it, hold a new election, let the people speak. Guess what if she wins again, the people made their voice clear in their support of her, and her position....
Link Posted: 9/2/2015 2:36:46 PM EDT
[#35]
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Quoted:


It would be wrong, but it would only be invalid because of the 13thAm.
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Quoted:
Quoted:

State constitutions that pass amendments that violate the rights of minorities within their borders are no more legitimate than the gun control laws.

It's gotten to be a rather tired argument, but if KY passed an amendment that slavery was legal in the state it would still be wrong even if the majority of the state approved of it.


It would be wrong, but it would only be invalid because of the 13thAm.



Reductio ad servum the new Godwin's Law.
Link Posted: 9/2/2015 2:37:50 PM EDT
[#36]
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Quoted:

I understand 2 things, after that all things "tax" hurt my head because I can't think in the terms of all the tax code BS. first is that the current system is WAY to complicated, second is that I understand the t "10% (or whatever), no haggling.", so if you can explain alternatives in a way that makes sense and shows how it won't be abused, I am up for an education.
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Alternative:   repeal the 16th amendment.    Simple enough?
Link Posted: 9/2/2015 2:40:12 PM EDT
[#37]
She's on her forth marriage and wants to tell others how to live their lives....Piss on her.
Link Posted: 9/2/2015 2:49:37 PM EDT
[#38]
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Quoted:



The only "northern" State that had any slaves was Delaware at the time of the civil war.

Maryland and Kentucky remained in the Union and both had slaves, but Maryland didn't secede only because the Federal government prevented the State legislature from meeting to discuss/vote on it.  And I wouldn't call either of them "Northern"
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Quoted:

]The fact that "state's rights" was used to defend slavery ought to tell you all you need to know about it.
 



Pure bullshit.  States have reserved powers and authorities, since they created the damned FedGov in the first place.  Those reserved powers and rights have been shit on since the War of Northern Aggression.

Or did you forget the inconvenient fact that Northern States had slaves and indentured servants too?  Excepting those like Lincolns Illinois, which prohibited blacks of any kind, free or slave, from entering.



The only "northern" State that had any slaves was Delaware at the time of the civil war.

Maryland and Kentucky remained in the Union and both had slaves, but Maryland didn't secede only because the Federal government prevented the State legislature from meeting to discuss/vote on it.  And I wouldn't call either of them "Northern"


Slavery did not end in New Jersey until 1865,  That north enough for you?
Link Posted: 9/2/2015 2:51:34 PM EDT
[#39]
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Quoted:
I would think encouraging gays to commit themselves to lifelong monogamous relationships would reduce the transmission of AIDS.  Seems like it might actually benefit society.  
 
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1. Are you trying to say that gays getting married has a physical, negative impact on you?  


Yes.  Tainted blood supply anyone?

2. Are you trying to say that homosexuality is a causality to higher AIDS infections?


Absolutely.  As is intravenous drug abuse.  There is a reason they try to give away free clean needles to junkies and a reason why they ask you if you ever had homosexual sex before you donate blood.


Which is an argument you could make if we were allowed to hash this out in the legislative process.  Unfortunately, we can't.

So gays getting married automatically means you'll come into contact with tainted blood, and that said blood is tainted because they are married, and is only tainted because they are married?

With gays transmitting AIDS to each other at a higher clip, how does them getting married impact this rate? How would that impact you specifically?
I would think encouraging gays to commit themselves to lifelong monogamous relationships would reduce the transmission of AIDS.  Seems like it might actually benefit society.  
 

Link Posted: 9/2/2015 2:53:18 PM EDT
[#40]
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Quoted:


No, in a constitutional republic the majority cannot violate the rights of the minority.
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Marriage is not a right, and the majority can do what it wishes in the areas not prohibited to ti.  Like zoning laws, and regulating marriage.
Link Posted: 9/2/2015 2:56:34 PM EDT
[#41]
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Quoted:


No they do not. The establishment clause prohibits that. 99% of the population can vote to have Christianity made the official religion and it would not be legal.
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You should move to some theocratic nation if that's what you want. America is a secular nation, the laws of god have no power or authority here.


They do if the electorate so chooses.


No they do not. The establishment clause prohibits that. 99% of the population can vote to have Christianity made the official religion and it would not be legal.


Voters have every right to have their opinion, their votes, and the actions of their representatives to be informed by any such thing they choose, whether that be religion or any other thing.

You misunderstand what the Establishment Clause does, and you ignore the fact that apparently we are ignoring the Constitution now.  This ruling means that the Establishment Clause means only what 5 justices at any given time say it means.  That is why this is a bad and dangerous decision.
Link Posted: 9/2/2015 2:57:08 PM EDT
[#42]
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Quoted:


I'll agree with that statement, but that's not what's happening here. The only thing the supreme court ruling did was say that fags get to have the same piece of paper and the advantages that go with it as straight couples.
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Tyranny of and by the minority is not that fun either.


I'll agree with that statement, but that's not what's happening here. The only thing the supreme court ruling did was say that fags get to have the same piece of paper and the advantages that go with it as straight couples.


Which is not and never was their decision to make.
Link Posted: 9/2/2015 3:17:12 PM EDT
[#43]
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Quoted:


Marriage is not a right, and the majority can do what it wishes in the areas not prohibited to ti.  Like zoning laws, and regulating marriage.
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Quoted:
Quoted:


No, in a constitutional republic the majority cannot violate the rights of the minority.


Marriage is not a right, and the majority can do what it wishes in the areas not prohibited to ti.  Like zoning laws, and regulating marriage.


It isn't one of the enumerated ones, yes. The funny thing about the enumerated rights in the BOR is they were all the ones specifically in contention at the time, which explains the oddity of the 3rd Amendment. They were also afraid people would claim the only rights protected were the ones specifically enumerated, so Madison included the 9th to clarify the existence and protection of rights not so enumerated.

There's absolutely no doubt in my mind that had the British imposed ridiculous requirements on marriage, that marriage would have been specifically included in the BOR as the right it in fact is, and it's been recognized as a right multiple times since the early 1800s. With that said rights are generally not absolute, and we're so far off in a grey area legally I can see how reasonable people would have differing interpretations.
Link Posted: 9/2/2015 3:23:39 PM EDT
[#44]
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Quoted:
It isn't one of the enumerated ones, yes. The funny thing about the enumerated rights in the BOR is they were all the ones specifically in contention at the time, which explains the oddity of the 3rd Amendment. They were also afraid people would claim the only rights protected were the ones specifically enumerated, so Madison included the 9th to clarify the existence and protection of rights not so enumerated.

There's absolutely no doubt in my mind that had the British imposed ridiculous requirements on marriage, that marriage would have been specifically included in the BOR as the right it in fact is, and it's been recognized as a right multiple times since the early 1800s. With that said rights are generally not absolute, and we're so far off in a grey area legally I can see how reasonable people would have differing interpretations.
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It isn't one of the enumerated ones, yes. The funny thing about the enumerated rights in the BOR is they were all the ones specifically in contention at the time, which explains the oddity of the 3rd Amendment. They were also afraid people would claim the only rights protected were the ones specifically enumerated, so Madison included the 9th to clarify the existence and protection of rights not so enumerated.

There's absolutely no doubt in my mind that had the British imposed ridiculous requirements on marriage, that marriage would have been specifically included in the BOR as the right it in fact is, and it's been recognized as a right multiple times since the early 1800s. With that said rights are generally not absolute, and we're so far off in a grey area legally I can see how reasonable people would have differing interpretations.




From Justice Thomas:  


Nor, under the broader definition, can they claim that
the States have restricted their ability to go about their
daily lives as they would be able to absent governmental
restrictions. Petitioners do not ask this Court to order the
States to stop restricting their ability to enter same-sex
relationships, to engage in intimate behavior, to make
vows to their partners in public ceremonies, to engage in
religious wedding ceremonies, to hold themselves out as
married, or to raise children. The States have imposed no
such restrictions. Nor have the States prevented petitioners
from approximating a number of incidents of marriage
through private legal means, such as wills, trusts, and
powers of attorney.

Instead, the States have refused to grant them governmental
entitlements. Petitioners claim that as a matter of
“liberty,” they are entitled to access privileges and benefits
that exist solely because of the government. They want,
for example, to receive the State’s imprimatur on their
marriages—on state issued marriage licenses, death certificates,
or other official forms. And they want to receive
various monetary benefits, including reduced inheritance
taxes upon the death of a spouse, compensation if a spouse
dies as a result of a work-related injury, or loss of consortium
damages in tort suits. But receiving governmental
recognition and benefits has nothing to do with any understanding
of “liberty” that the Framers would have
recognized.


To the extent that the Framers would have recognized a
natural right to marriage that fell within the broader
definition of liberty, it would not have included a right to
governmental recognition and benefits.
Instead, it would
have included a right to engage in the very same activities
that petitioners have been left free to engage in—making
vows, holding religious ceremonies celebrating those vows,
raising children, and otherwise enjoying the society of
one’s spouse—without governmental interference. At the
founding, such conduct was understood to predate government,
not to flow from it.
Link Posted: 9/2/2015 3:44:03 PM EDT
[#45]
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Quoted:



How is a county clerk not doing her job rewriting the laws?
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Scalia: do your job or resign.

[I]n my view the choice for the judge who believes the death penalty to be immoral is resignation, rather than simply ignoring duly enacted, constitutional laws and sabotaging death penalty cases. He has, after all, taken an oath to apply the laws and has been given no power to supplant them with rules of his own. Of course if he feels strongly enough he can go beyond mere resignation and lead a political campaign to abolish the death penalty”and if that fails, lead a revolution. But rewrite the laws he cannot do.


https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/02/justice-scalia-explains-why-kim-davis-should-issue-marriage-licenses-to-same-sex-couples-or-find-a-new-job/

You are going to hurt tons of feelerbugs, bro.



How is a county clerk not doing her job rewriting the laws?

Just pointing out the Scalia love in GD will get a little awkward.

Your initial point many pages ago that alluded to a quasi Printz like issue (it's the best way I can describe it) is interesting.

Still, she is denying licenses to mo's, and didn't do a good job at hiding it
Link Posted: 9/2/2015 4:00:59 PM EDT
[#46]
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Quoted:


They made a ruling within their purview. The plaintiff's took their case through all the proper legal channels and the judges made their ruling.

IF nolo gets his lawsuit before the supreme court and they rule in his favor I'm sure no one here will be complaining.
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Tyranny of and by the minority is not that fun either.


I'll agree with that statement, but that's not what's happening here. The only thing the supreme court ruling did was say that fags get to have the same piece of paper and the advantages that go with it as straight couples.


Five Supreme Court Justices are the ultimate minority.


They made a ruling within their purview. The plaintiff's took their case through all the proper legal channels and the judges made their ruling.

IF nolo gets his lawsuit before the supreme court and they rule in his favor I'm sure no one here will be complaining.


So not the same thing. One is a "right" invented out of whole cloth, the other is a right explicitly stated in the Bill of Rights... Apples and Volkswagens.
Link Posted: 9/2/2015 4:05:13 PM EDT
[#47]
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Quoted:


She chose to run for office, she swore an oath (I assume) to execute the laws and do her job when she won the election. Ergo, she isn't doing her job and needs to be removed. And she will be. She's only grandstanding so that she can keep that gov't check coming in a little longer.
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I love how a bunch of people not from KY are saying this woman is defending the beliefs of Kentuckians, when there are quite a few Kentuckians in here saying she's a moron.


I would think that someone who is selectively law abiding would support another selectively law abiding person.


The difference between me and her is I didn't choose a job in government. When I choose to ignore a law no one else knows about it.


I don't think you understand the difference between an elected office and a "job in government".  They're not the same.


She chose to run for office, she swore an oath (I assume) to execute the laws and do her job when she won the election. Ergo, she isn't doing her job and needs to be removed. And she will be. She's only grandstanding so that she can keep that gov't check coming in a little longer.


She's executing the will of the people of KY as elected to do.  

Link Posted: 9/2/2015 4:05:58 PM EDT
[#48]
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Quoted:




From Justice Thomas:  


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It isn't one of the enumerated ones, yes. The funny thing about the enumerated rights in the BOR is they were all the ones specifically in contention at the time, which explains the oddity of the 3rd Amendment. They were also afraid people would claim the only rights protected were the ones specifically enumerated, so Madison included the 9th to clarify the existence and protection of rights not so enumerated.

There's absolutely no doubt in my mind that had the British imposed ridiculous requirements on marriage, that marriage would have been specifically included in the BOR as the right it in fact is, and it's been recognized as a right multiple times since the early 1800s. With that said rights are generally not absolute, and we're so far off in a grey area legally I can see how reasonable people would have differing interpretations.




From Justice Thomas:  


Nor, under the broader definition, can they claim that
the States have restricted their ability to go about their
daily lives as they would be able to absent governmental
restrictions. Petitioners do not ask this Court to order the
States to stop restricting their ability to enter same-sex
relationships, to engage in intimate behavior, to make
vows to their partners in public ceremonies, to engage in
religious wedding ceremonies, to hold themselves out as
married, or to raise children. The States have imposed no
such restrictions. Nor have the States prevented petitioners
from approximating a number of incidents of marriage
through private legal means, such as wills, trusts, and
powers of attorney.

Instead, the States have refused to grant them governmental
entitlements. Petitioners claim that as a matter of
“liberty,” they are entitled to access privileges and benefits
that exist solely because of the government. They want,
for example, to receive the State’s imprimatur on their
marriages—on state issued marriage licenses, death certificates,
or other official forms. And they want to receive
various monetary benefits, including reduced inheritance
taxes upon the death of a spouse, compensation if a spouse
dies as a result of a work-related injury, or loss of consortium
damages in tort suits. But receiving governmental
recognition and benefits has nothing to do with any understanding
of “liberty” that the Framers would have
recognized.


To the extent that the Framers would have recognized a
natural right to marriage that fell within the broader
definition of liberty, it would not have included a right to
governmental recognition and benefits.
Instead, it would
have included a right to engage in the very same activities
that petitioners have been left free to engage in—making
vows, holding religious ceremonies celebrating those vows,
raising children, and otherwise enjoying the society of
one’s spouse—without governmental interference. At the
founding, such conduct was understood to predate government,
not to flow from it.



Seems like he basically agrees that marriage is a right. The issue, I think, is this deals with the 14th amendment-which specifically includes a part dealing with how the government handles documents and basic legal acts. Given the 14th was ratified roughly a hundred years after the original ratification-long after the framers were dead, and with none of their input-so disregarding something simply because the Framers didn't consider it, even when a part added later does, is probably not the best path. I really just don't buy his argument.

The thing to remember is the verb form of 'amendment' is 'amend', and a synonym for 'amend' is 'change'. So past the BOR, you're looking at a sequential progression of changes that modify the original document, with latter ones taking precedent over conflicting earlier ones. This is why we now have individual income tax, direct election of senators, blacks as citizens, women voting, and a BOR incorporated against state and local governments. We also have an interesting case of two changes conflicting, where the latter 21st change specifically nullified the earlier 18th change.

My concern really, is that we're in far enough of a gray area where reasonable people can disagree, and the legal reasoning had become more interpretitive instead of explicit. I thing long term it may have been better to work the legislative side, seeing as how rapidly opinion was changing. I say that even considering how the issue impacts me, as before I had no real way to have a truly inviolate marriage. Many states would have only allowed me to marry a man, and yet I still ran the risk of any such marriage being invalidated due to my birth status.
Link Posted: 9/2/2015 4:21:55 PM EDT
[#49]

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She's executing the will of the people of KY as elected to do.  



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By her own words she's executing the will of god as she understands it, not necessarily the will of the people of KY.  

 
Link Posted: 9/2/2015 4:30:31 PM EDT
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Meh, that's kind of a different kettle of fish. There will be a push to revoke the tax exempt status of churches that will not bow to gay marriage, hard to believe that it will go anywhere but I have heard that mentioned as a goal  
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How long before homos sue to force churches to marry them against their will and beliefs?
There has been talk that attacking churches is their next goal  

  They'll definitely try.


If they succeed (which they won't), it's going to get ugly.



They are already attacking military chaplains.
Meh, that's kind of a different kettle of fish. There will be a push to revoke the tax exempt status of churches that will not bow to gay marriage, hard to believe that it will go anywhere but I have heard that mentioned as a goal  


Unless something drastic changes, that will likely happen within two years.

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