Pop 8 ruled unconstitutional by 9th Circuit panel!

[holy king]

You keep your fetish in the privacy of your own home, don't show pictures to people you just met whats that about?

first you say you dont tolerate coprophiliacs, asked to explain why you say that you dont want coprophiliacs you just met to show you pictures.

apart from your answer making no sense, how often does this even happen to you?

 

[GhostWriter16]

How is this unconstitutional?

The better question is how is it not?

The Constitution says nothing about gay "marriage"

it also says nothing about heterosexual "marriage" (least not that i'm aware, it was a while)

None of these posts are "Bad" per say. It really comes down to two things:

The Ninth Amendment:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

And the 10th:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

So here's the thing, is gay marriage a "Ninth Amendment" issue, or a "Tenth Amendment" issue. Really, I don't even think the courts should decide that since its impossible to know. In all likelihood, the founders' intent would have been for it to have been a tenth amendment issue, but I doubt it even could have been considered at the time. It was a non-issue. Today it is, and, since times are different, I don't necessarily think we need to or should look for the "Hidden meanings" of the Founding Fathers' (If we did, the gay marriage advocates would lose, so don't think I'm trying to totally twist the argument in my own favor.) That said, what the constitution says is the only thing that matters when it comes to a Supreme Court decision. A constitutional amendment is possible, but I don't think the constitution should be amended to pass laws so much as to control the function of government (The 18th a and 21st amendments showed how much of a joke that was). The constitution is supposed to be changed only when very serious need exists (I'd actually support a constitutional amendment making any amendment passed to make a law be unconsittutional by default.)

Anyway, is gay marriage an individual right and so protected by the 9th? Or is it within the powers of the states to regulate. I personally see no good reason to see marriage as a right, so I think states should be free to regulate it if they want.

This is a non-issue, and I really wish religious fanatics would stop being fools for one second and let people live their lives, without judging them. After all, that's what Christians are supposed to do, right? Not judge?

Oh that's right I forgot such rules are thrown out the window all the time because Christians are some of the most judgmental people known to man.

We're not supposed to judge people, that's God's job. But we can judge specific actions or behaviors. I can't say I'm better than you, but I can say your pot smoking is sinful (I'm not saying you smoke pot, I'm giving an example.) I also can't judge your motivations. I can say "Its wrong for you to steal" I can't say "You say you stole because you needed food, but that's a lie" unless I have absolute knowledge that it is in fact a lie.

 

[_random_]

So here's the thing, is gay marriage a "Ninth Amendment" issue, or a "Tenth Amendment" issue. Really, I don't even think the courts should decide that since its impossible to know. In all likelihood, the founders' intent would have been for it to have been a tenth amendment issue, but I doubt it even could have been considered at the time. It was a non-issue. Today it is, and, since times are different, I don't necessarily think we need to or should look for the "Hidden meanings" of the Founding Fathers' (If we did, the gay marriage advocates would lose, so don't think I'm trying to totally twist the argument in my own favor.)

It's the courts' job to interpret the Constitution to be relevant today. Its authors may not have conceived of the Internet or cars global terrorists or gay marriage, but issues surrounding the have popped up, and we need to be able to determine how the law applies. In the case of gay marriage, I think the interpretation Full Faith and Credit Clause would be more important than either then 9th or 10th amendments.

 

[Oruc]

first you say you dont tolerate coprophiliacs, asked to explain why you say that you dont want coprophiliacs you just met to show you pictures.

Was that a question?

apart from your answer making no sense, how often does this even happen to you?

Once in college about eight? years ago, well he went on the computer next to me started looking at the pictures (I suppose he could be a special case as I heard he turned out to be a paedophile)

 

[illram]

The 9th and 10th amendment have nothing to do with this case at all.

 

[kramerfan86]

What about drugs that aren't lethal? Marijuana for example (and yes, there is marijuana addiction)... or functional alcoholics?

People do all sorts of stuff for love and sex, by the way, too... hetero or homo... it leads to many deaths.

People are often driven to drug use by chemical abnormalities in their brains, and to them it makes just as much sense to use a drug regularly that is prescribed as one that isn't... is that so bad?

I dont have a problem with Marijuana or alcohol users unless they go driving under the influence or hurt other people. Frankly I tend to not have a problem with drug users until their habit spills over and hurts others.

 

[Arwon]

What right is being denied? Marriage is a union between a husband and a wife, a man and a woman.

That's actually just empirically false.

Same sex marriage is performed or at least recognised if performed elsewhere in South Africa, Argentina, Spain, Portugal, Canada, Belgium, Norway, Sweden, the Netherlands, Iceland, Israel, Brazil (recognises marriages performed in Alagoas) and Mexico (recognises marriages performed in DF).

In the United States, Connecticut, Iowa, DC, Massachusetts, New York, New Hampshire, Maryland, and (currently) California do not define marriage the way you do.

All up, that's over 600 million who live in areas where the definition of a recognised marriage is not restricted to "husband and wife". Including roughly 130 million in the United States (ie, about 40% of America).

And the trend-line is only running in one direction. It won't take much for, in the United States, "solely between a man and a woman" to be the minority definition of marriage. If New Jersey, Washington and Oregon change, this would become the case.

 

[RobAnybody]

So here's the thing, is gay marriage a "Ninth Amendment" issue, or a "Tenth Amendment" issue.

Objection! From the OP article: "District Court Judge Vaughn Walker struck down Prop 8 as unconstitutional under both the Due Process and Equal Protection clauses of the U.S. Constitution’s 14th Amendment."

 

[Mango Elephant]

The 9th and 10th amendment have nothing to do with this case at all.

I have no idea why he mentioned the 10th at all. That seems especially irreverent to absolutely anything.

 

[useless]

More good news! Washington has just passed a bill legalising gay marriage, just need the governor to sign it now.

 

[holy king]

Once in college about eight? years ago, well he went on the computer next to me started looking at the pictures

so you decided to watch a stranger's internet session over the back of his shoulder, then commenced to tell all students that would listen to you what he just watched on the internet.

well, i hope you're not proud of this.

 

[Arwon]

Next week, I am reading.

That'll take it to about 139 million and around 44.5% of the United States by population.

 

[CELTICEMPIRE]

More good news! Washington has just passed a bill legalising gay marriage, just need the governor to sign it now.

Yay! The West is in moral decline! Now it's official!

Objection! From the OP article: "District Court Judge Vaughn Walker struck down Prop 8 as unconstitutional under both the Due Process and Equal Protection clauses of the U.S. Constitution’s 14th Amendment."

how isn't that amendment about reconstruction?

 

[Arwon]

Yay! The West is in moral decline! Now it's official!

 

[GamezRule]

Yay! The West is in moral decline! Now it's official!

Good news indeed!

 

[_random_]

how isn't that amendment about reconstruction?

It was written shortly after the Civil War, but it does have broader implications than its specific context.

 

[aimeeandbeatles]

We were already long in moral decline for eating shellfish and wearing mixed fibers

 

[holy king]

the fall of the occident is just around the corner. this time for real.

 

[CELTICEMPIRE]

We were already long in moral decline for eating shellfish and wearing mixed fibers

That's just in Judaism, so, from a Jewish perspective, I guess.


EDIT: 200th post!

 

[aimeeandbeatles]

Yes but that is the same part of the Bible where homosexuality is forbidden.