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Old 12-07-2012, 09:54 PM
 
Location: Hinckley Ohio
6,721 posts, read 5,209,614 times
Reputation: 1378

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Quote:
Originally Posted by Bettafish View Post
I asked the question not for a legal reason, just for an explanation.
And gays here can't even give me a straight answer.
FYI, not everyone that supports gay marriage is gay. Tread carefully there dude.

 
Old 12-07-2012, 11:01 PM
 
787 posts, read 1,417,487 times
Reputation: 747
Quote:
Originally Posted by xboxmas View Post
I am lazy, so I didn't read everything on here, but if the supreme court rules Defense of Marriage Act unconstitutional, then what does that mean for the other individual states who voted against it, like North Carolina? Would gays then be allowed to legally get married there? What about in all the other bible belt states?
Only Section 3 of DOMA is being considered in the Windsor case. SCOTUS is not going to issue a broad ruling striking down all of DOMA because that wasn't asked.

In fact, y'all are going to have to get into the legalese weeds to understand what the SC is going to consider. The justices actually added a question to both petitions they agreed to hear. The questions have to do with the concept of "legal standing," in other words, did the individuals who brought the petitions to the SC have the legal jurisdiction to do so? In the case of Windsor, most likely the answer is yes because she was the party directly affected by DOMA. Because of DOMA, she had to pay $370,000 in inheritance taxes on her late wife's estate that she inherited. She and her wife were married in Canada in 2007, they resided in NY state. NY state recognizes Canadian same sex marriages for all legal purposes. But DOMA prevented her marriage from being recognized as immune to inheritance tax law. So she sued the federal government and the federal court of appeals of NY, 2nd district agreed with her that DOMA unconstitutionally denied her right as a widow to not have to pay inheritance taxes.
http://www.nytimes.com/2012/10/19/us...-act.html?_r=0

The California Prop 8 case is more complicated: the question the SC asked is does the US House of Representatives have the right to petition the SC in lieu of the Governor and Attorney General of CA refusing to defend Prop 8 at the Supreme Court? Also, during the several trials in CA regarding Prop 8, the question of legal standing came up - who was legally eligible to defend Prop 8 when the Governor and Attorney General wouldn't defend it at the state level, either.

I suggest everyone go to SCOTUSblog to understand the actual questions coming before the Supreme Court.
On same-sex marriage, options open : SCOTUSblog

Also, The Volokh Conspiracy is a libertarian law blog that has comments by lawyers and lay people, discussing the cases: The Volokh Conspiracy » Supreme Court Grants Prop 8, DOMA Cases
 
Old 12-08-2012, 08:11 AM
 
753 posts, read 729,098 times
Reputation: 440
An excellent in-depth read from SCOTUSblog on Perry and Windsor before the high court:
Commentary on marriage grants: Different ways of splitting the difference
 
Old 12-08-2012, 08:12 AM
 
753 posts, read 729,098 times
Reputation: 440
Quote:
Originally Posted by buzzards27 View Post
FYI, not everyone that supports gay marriage is gay. Tread carefully there dude.
You'd think the fact that three states just mustered over 50% in support of allowing same-sex marriage would tip certain people off to that fact, wouldn't you?

 
Old 12-08-2012, 08:29 AM
 
Location: Home, Home on the Front Range
25,826 posts, read 20,735,521 times
Reputation: 14818
Quote:
Originally Posted by Drover View Post
What life, liberty, or property is being deprived?
The case that SCOTUS has chosen to hear involves $350,000 in estate taxes. That's a lot of property.
 
Old 12-08-2012, 08:36 AM
NCN
 
Location: NC/SC Border Patrol
21,663 posts, read 25,660,457 times
Reputation: 24375
I exercised 40 minutes yesterday with the TV in front of me in the gym on CNN and them flashing news about this FOR 40 MINUTES. This subject was not worth even that 40 minutes, let alone having such high priced judges discussing it. Who cares!

The best part about my just seeing the TV was that I could not hear what they were saying. It probably would have made me puke.
 
Old 12-08-2012, 09:16 AM
 
787 posts, read 1,417,487 times
Reputation: 747
Quote:
Originally Posted by NCN View Post
I exercised 40 minutes yesterday with the TV in front of me in the gym on CNN and them flashing news about this FOR 40 MINUTES. This subject was not worth even that 40 minutes, let alone having such high priced judges discussing it. Who cares!

The best part about my just seeing the TV was that I could not hear what they were saying. It probably would have made me puke.
Obviously you care because you took the time to post.
 
Old 12-08-2012, 09:44 AM
 
17,842 posts, read 14,402,813 times
Reputation: 4113
Quote:
Originally Posted by Bosco55David View Post
McLaughlin v. Florida - Wikipedia, the free encyclopedia

SCOTUS shot down your argument long ago.
I guess the poster is 'not smart enough to realize it'
 
Old 12-08-2012, 09:56 AM
 
17,842 posts, read 14,402,813 times
Reputation: 4113
Quote:
Originally Posted by seagull84 View Post
For a record, I am left lean independent, and strongly against gay marriage concept. As many may already point out, to break the culture gate sets dangerous precedence and open the gate for all kind of "marriage" concept. I respect concept of union or some other term yet to be invented, but cultural term marriage should be preserved. If this is conservative position, so be it. We always have something to conserve, don't we?
People argued that if women got the vote, pets would then be allowed to vote.

People argued that if blacks and whites were allowed to marry then people would be allowed to marry their pets.

Stupidity is not something we need to 'conserve'.
 
Old 12-08-2012, 10:00 AM
 
753 posts, read 729,098 times
Reputation: 440
Quote:
Originally Posted by Jaymax View Post
People argued that if women got the vote, pets would then be allowed to vote.

People argued that if blacks and whites were allowed to marry then people would be allowed to marry their pets.

Stupidity is not something we need to 'conserve'.
The dire "It's a slippery slope!" warning is a treasured fallacy. But I guess when someone is so hard up for an excuse to justify what they want, any old bit of nonsense will suffice...

Slippery slope - Wikipedia, the free encyclopedia
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