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Old 05-02-2009, 08:31 PM
 
Location: Texas
14,975 posts, read 16,581,581 times
Reputation: 4586

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Quote:
Originally Posted by AnUnidentifiedMale View Post
Hmm. I don't know. Prop. 22 in California was ruled unconstitutional.

California Proposition 22 (2000) - Wikipedia, the free encyclopedia

There is a difference, of course, between a simple law and a constitutional amendment. That's why many states scrambled to make it an amendment to their constitution rather than just a law. Amendments are much more difficult to overturn.
That is true...but read this...

"The Court ruled on May 15, 2008, that Proposition 22 violated the state Constitution and was therefore invalid" - it's from the wikipedia article
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Old 05-02-2009, 08:34 PM
 
26,680 posts, read 28,842,918 times
Reputation: 7943
Quote:
Originally Posted by afoigrokerkok View Post
That is true...but read this...

The Court ruled on May 15, 2008, that Proposition 22 violated the state Constitution and was therefore invalid
Right, but I don't understand what point you're making.

What you've pointed out is exactly why a constitutional amendment is much more binding than a simple law, right?
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Old 05-02-2009, 08:35 PM
 
Location: Texas
14,975 posts, read 16,581,581 times
Reputation: 4586
Quote:
Originally Posted by AnUnidentifiedMale View Post
Right, but I don't understand what point you're making.

What you've pointed out is exactly why a constitutional amendment is much more binding than a simple law, right?
I was just pointing out that while the bans may violate a state Constitution, they don't violate the US Constitution. When people see "unconstitutional," they think US Constitution.
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Old 05-02-2009, 08:39 PM
 
26,680 posts, read 28,842,918 times
Reputation: 7943
Quote:
Originally Posted by afoigrokerkok View Post
I was just pointing out that while the bans may violate a state Constitution, they don't violate the US Constitution. When people see "unconstitutional," they think US Constitution.
Oh, okay. I guess I've been discussing this topic for so long, I don't even think about the U.S. Constitution when it comes to marriage. It's mostly irrelevant.
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Old 05-02-2009, 08:43 PM
 
Location: Texas
14,975 posts, read 16,581,581 times
Reputation: 4586
Quote:
Originally Posted by AnUnidentifiedMale View Post
Oh, okay. I guess I've been discussing this topic for so long, I don't even think about the U.S. Constitution when it comes to marriage. It's mostly irrelevant.
No it's not. DOMA is clearly unconstitutional.
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Old 05-02-2009, 08:46 PM
 
26,680 posts, read 28,842,918 times
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Quote:
Originally Posted by afoigrokerkok View Post
No it's not. DOMA is clearly unconstitutional.
Oh, okay. Right.

I was thinking about the individual state laws on marriage.

(I hope I'm not wrong again. )
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Old 05-02-2009, 08:50 PM
 
Location: Texas
14,975 posts, read 16,581,581 times
Reputation: 4586
Quote:
Originally Posted by AnUnidentifiedMale View Post
Oh, okay. Right.

I was thinking about the individual state laws on marriage.

(I hope I'm not wrong again. )
This is confusing...LOL.

My point:

1) states can ban same-sex marriage if the State Constitution allows it

2) BUT, it is unconstitutional under the US Constitution (at least I'm 90% sure the SC will rule it is) for a state (or the feds) to not recognize a marriage performed in another state
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Old 05-02-2009, 08:57 PM
 
26,680 posts, read 28,842,918 times
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Quote:
Originally Posted by afoigrokerkok View Post
This is confusing...LOL.

My point:

1) states can ban same-sex marriage if the State Constitution allows it

2) BUT, it is unconstitutional under the US Constitution (at least I'm 90% sure the SC will rule it is) for a state (or the feds) to not recognize a marriage performed in another state
Ah, okay. I don't think we disagree on anything we've said in the last 30 minutes. There may have just been a miscommunication somewhere. No worries here.

I'm curious, afoigrokerkok: I'm assuming you voted for the ban in Texas. Do you have gay acquaintances in your state, and if so, did you tell them how you voted?

Also, what in the world does your username mean?
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Old 05-02-2009, 09:03 PM
 
Location: Texas
14,975 posts, read 16,581,581 times
Reputation: 4586
Quote:
Originally Posted by AnUnidentifiedMale View Post
Ah, okay. I don't think we disagree on anything we've said in the last 30 minutes. There may have just been a miscommunication somewhere. No worries here.


Quote:
Originally Posted by AnUnidentifiedMale View Post
I'm curious, afoigrokerkok: I'm assuming you voted for the ban in Texas. Do you have gay acquaintances in your state, and if so, did you tell them how you voted?
Yes I voted for the ban.

I know some gay people, but not well. The subject never came up.

Quote:
Originally Posted by AnUnidentifiedMale View Post
Also, what in the world does your username mean?
It doesn't mean anything. I don't know what was going through my head when I came up with it.
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Old 05-02-2009, 09:08 PM
 
26,680 posts, read 28,842,918 times
Reputation: 7943
Quote:
Originally Posted by afoigrokerkok View Post
Yes I voted for the ban.

I know some gay people, but not well. The subject never came up.
I imagine that in Texas it wasn't even a cause for discussion among most people. It was probably just assumed that it would pass with no problem. We had such a different situation here in California - before and after the election - as the whole world probably knows by now.
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