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  1. #1
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    Supreme Court rulings mark bold advance for gay marriage

    I wanted to tack this on to an existing thread, but to be very honest, there was not one single worthy one. I searched back to April 2011. If I missed a dignified thread, I apologize.

    Supreme Court rulings mark bold advance for gay marriage

    By striking down part of the federal Defense of Marriage Act and allowing gay marriage in California, justices suggest that a constitutional endorsement may be next.

    WASHINGTON —The Supreme Court took a major step toward legalizing same-sex marriage nationwide Wednesday as it struck down a key part of the federal Defense of Marriage Act and cleared the way for same-sex marriages in California.

    In this country, there is an "evolving understanding of the meaning of equality," said Justice Anthony M. Kennedy, a growing recognition that the public now believes it is unjust to deny equal rights to "same-sex couples who wished to be married."

    Kennedy's ruling struck down, by a 5-to-4 vote, the federal marriage law, which had denied legal recognition of same-sex marriages, even in states where such marriages are legal. Minutes later, the court by another 5-4 decision threw out the appeal brought by the private sponsors of California's Proposition 8, the ballot measure that limited marriage to a man and a woman.

    The language of the two decisions suggests that a constitutional ruling giving all gays and lesbians a right to marry is not far off.

    The ruling on the federal law was a victory with practical consequences for more than 100,000 gays and lesbians who are already legally married, including Edith Windsor, an 83-year-old New York widow who brought the case. She sued to challenge the federal law after Thea Spyer, her female spouse, died. Under the decision, the Internal Revenue Service must refund $363,000 in estate taxes, plus interest, assessed on the property they owned together.

    "If I had to survive Thea, what a glorious way to do it," said Windsor, who lived with Spyer for more than 40 years. The court's decision will have ramifications for people of all ages, she said. "I think it's the end of teenagers falling in love and not thinking there's a future for them."

    Now, the court said, same-sex, legally married couples like Windsor and Spyer are entitled to full equality under federal law. Their unions may not be deemed "less worthy" or "treated as second-class marriages," it said.

    Kennedy maintained that the court was not ruling on whether gay marriage is a constitutional right, but his chief adversary — Justice Antonin Scalia — said he was not buying it.

    "No one should be fooled," Scalia said. "It is just a matter of listening and waiting for the other shoe to drop." If the court's majority sees bans on same-sex marriage as an issue of unjust discrimination, it will not be long before those laws are struck down, he said.

    The decision means that a married same-sex couple in Massachusetts may file a federal tax return as a married couple. But if the couple were to move to Nebraska or Utah, those states would not have to recognize them as married. That part of the federal law was not challenged in the court case. And questions remain about whether they would still be eligible for full federal benefits while living in states that do not recognize their marriage.

    The ruling on Proposition 8, although entirely procedural, set off celebrations in California. It had the effect of upholding the decision of U.S. District Judge Vaughn Walker in San Francisco, who struck down the proposition in 2010 and ruled for gay marriage.

    Chief Justice John G. Roberts Jr., a conservative who is devoted to proper legal procedure, wrote the opinion that effectively upheld Walker's sweepingly liberal opinion. It means California almost certainly will become the 13th state where gay marriage is legal.

    As Roberts saw it, two gay couples had sued, seeking a right to marriage as a matter of equal rights. In Walker's court, "they had won — and state officials chose not to appeal," Roberts said. At that point, the case was over because the sponsors of the ballot measure are private citizens who do not speak for the state, Roberts ruled.

    While the four liberal justices had nothing to say in either case, the outcome was exactly what they had sought. Justice Ruth Bader Ginsburg, a veteran of the women's rights movement, had spoken of the wisdom of taking a steady, step-by-step approach toward winning full equality under the law; she sought rulings that would advance the cause of gay rights without going too far, too fast.

    Ginsburg joined Kennedy's opinion to strike down the federal law, as did Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan. And Ginsburg, Kagan and Breyer joined with the chief justice and Scalia to throw out the defense of Proposition 8 and restore gay marriage to California. Kennedy dissented, saying Proposition 8 sponsors did have standing to appeal.

    The decision voiding part of the Defense of Marriage Act highlights how much the nation has changed on gay rights in two decades. In 1996, the fear that one state might allow "homosexual couples" to marry prompted a move in Congress to erect a legal shield to what its sponsors called this "truly radical" idea from spreading to other states. The bill passed with a strong bipartisan majority and was signed into law by President Clinton.

    In 2003, Massachusetts became the first state to allow gays and lesbians to marry, the result of a state Supreme Court ruling.

    When same-sex marriages resume California, 13 states accounting for about 30% of the nation's population will allow such unions.

    But this legal, social and cultural battle is not over. Of the 37 states that forbid same-sex marriage, 29 have state constitutional measures limiting marriage to a man and a woman. That means neither state judges nor state lawmakers can easily change the law.

    And social conservatives said they were determined to fight against any change.

    "Make no mistake about it: The legal battle over the definition of marriage is in reality a battle over whether America will be completely ripped away from its Judeo-Christian foundation," said Gary Bauer, president of American Values. "While the media continue to act as if this is only about marriage rights, it is ultimately a battle over religious liberty. Today's rulings guarantee that it will continue to rage."

    The battle is likely to continue within the high court as well.

    Chief Justice Roberts joined with Scalia and Justices Samuel A. Alito Jr. and Clarence Thomas in saying the Defense of Marriage Act should have been upheld and that, for now, there is no legal right to gay marriage.

    "We may in the future have to resolve challenges to state marriage definitions," Roberts said. Until then, states "may continue to utilize the traditional definition of marriage."

    Alito and Thomas said the issue should be decided in each state. "The Constitution simply does not speak to the issue of same-sex marriage," Alito wrote.

    As usual, Scalia had the most fiery dissent. He slammed the majority for "invalidating this democratically adopted legislation," referring to the Defense of Marriage Act. "That is jaw dropping. It is an assertion of judicial supremacy over the people's representatives in Congress and the Executive," he said, a day after he had joined a 5-4 majority to strike down a key part of the Voting Rights Act.

    http://www.latimes.com/news/nationwo...,1691314.story

  2. #2
    Forum Frontman It's Mike's Avatar
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    history tells me this will get interesting.

  3. #3
    Atomic Punk MF5150's Avatar
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    "Make no mistake about it: The legal battle over the definition of marriage is in reality a battle over whether America will be completely ripped away from its Judeo-Christian foundation," said Gary Bauer, president of American Values. "While the media continue to act as if this is only about marriage rights, it is ultimately a battle over religious liberty. Today's rulings guarantee that it will continue to rage."

    People like this make me sick, to be brutally honest.

    The fact that in 2013, people are still so adamantly opposed to something that bears no affect on their lives simply because they feel it threatens THEIR values, is shocking to me. Grow up.


    And it's also nice to see that the whole "separation between church and state" line is still being ignored.
    My man, when you are fantasizing, don't go for attainable, you can get attainable at the local Applebee's. - Dave's Dreidel

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    Atomic Punk Dave's Dreidel's Avatar
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    12.14.17 @ 07:33 AM
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    We are going to have to separate "marriage" and "legal civil union" in my mind.

    Marriage should become a religious ceremony solely, and civil union a legal one, and they no longer necessarily need to be one and the same.
    Taylor Swift is nice to look at. Adele can sing.

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    Atomic Punk MF5150's Avatar
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    12.13.17 @ 06:40 PM
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    I guess I just find it disgusting that in this day and age it is acceptable (in definition only) for a Mother and Son to get married simply because it subscribes to "marriage is a union between a man and a woman" yet two men or women are not allowed to get married.

    Is the religious sanctity of marriage really that strong when a Mother/Son can get married?
    My man, when you are fantasizing, don't go for attainable, you can get attainable at the local Applebee's. - Dave's Dreidel

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    Atomic Punk Dave's Dreidel's Avatar
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    Not sure which religion allows mothers and sons to marry, most consider incest worthy of being stoned, and not the good stoned.
    Taylor Swift is nice to look at. Adele can sing.

    Emperor Brett - "I can't believe you guys are analyzing song-by-song Van Halen III? What next, analyzing the script of Stroker Ace looking for some shred of Citizen Kane?"

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    Default Off track already?

    Quote Originally Posted by Dave's Dreidel View Post
    Not sure which religion allows mothers and sons to marry, most consider incest worthy of being stoned, and not the good stoned.
    He's referring to this I believe. >>>http://www.vhlinks.com/vbforums/show...ht=year+mother

    Which has nothing to do with same sex marriage/unions. It's not even this country.
    Last edited by Number 47; 06.27.13 at 06:23 AM.

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    Atomic Punk Dave's Dreidel's Avatar
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    I am slowly learning to not go into certain threads, as it will lower my even bottom basement opinion of humanity (I went into that one when it was first posted).

    The Menstrual Blood Art thread is an example. Even my train wreck mentality won't make me click on that thread.
    Taylor Swift is nice to look at. Adele can sing.

    Emperor Brett - "I can't believe you guys are analyzing song-by-song Van Halen III? What next, analyzing the script of Stroker Ace looking for some shred of Citizen Kane?"

    David Lee Roth did the impossible. He made Van Halen better. Deal with it!

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    Atomic Punk MF5150's Avatar
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    I posted that in haste. My apologies. Completely unrelated and doesn't apply to this.
    My man, when you are fantasizing, don't go for attainable, you can get attainable at the local Applebee's. - Dave's Dreidel

  11. #10
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    Gonna put this here in hopes of stopping another Obama thread from starting.

    Supreme Court decision showcases Obama’s evolution on gay marriage, from opposition to support

    WASHINGTON — For Barack Obama, the Supreme Court’s decisions on gay rights punctuate an evolution as president on the subject of same-sex marriage — a personal journey that has taken him from opposition to ambivalence to enthusiastic support.

    In many ways, Obama’s trajectory parallels that of the nation. But no one’s vacillation on the subject has been more closely watched than his. While he always has advocated for civil rights for gay couples, he also very publicly contemplated where he stood on the question of marriage, musing in 2006 that “in years hence I may be seen as someone who was on the wrong side of history.”

    The transition to unequivocal support was reinforced Wednesday by the cheers that erupted on Air Force One when news broke about the court’s decision to repeal a key section of the Defense of Marriage Act.

    “The Supreme Court has righted that wrong, and our country is better off for it,” Obama said in a statement.

    On Thursday, Obama took that message to Senegal, a country that outlaws homosexuality. While acknowledging differing cultural and religious views, he said he also wanted to stress the importance of nondiscrimination under the law.

    “People should be treated equally and that’s a principal that I think applies universally,” he said in a news conference in Dakar. Senegalese President Macky Sall, at his side, responded that while his country is tolerant, “We are still not ready to decriminalize homosexuality.”

    Obama has carefully staked out his position on same-sex marriage throughout his political career. In a questionnaire from a gay newspaper in Chicago during his 1996 Illinois Senate race, he replied, “I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages.” Two years later, he declared himself undecided.

    By 2004, as he ran for the U.S. Senate, he said he opposed gay marriage for politically strategic reasons, saying Republicans would exploit the issue, and he advocated instead for gay civil unions. In his 2006 book “The Audacity of Hope,” he cited his own faith as a reason to oppose same-sex marriage, though he also wrote, “I must admit that I may have been infected with society’s prejudices and predilections and attributed them to God.”

    Despite initial apprehensions, many gay rights advocates now hail him as a hero.

    Even before he announced his support for gay marriage in May of last year, gay donors were pumping several million dollars into Obama’s campaign fund as he ran for re-election. He already had signed hate crimes legislation that made it a federal crime to assault someone because of his or her sexual orientation or gender identity, had signed a repeal of the “don’t ask don’t tell” military policy and had instructed the Justice Department to stop defending the Defense of Marriage Act.

    “In terms of American society, he has truly brought us out of the closet,” said Fred Sainz of the Human Rights Campaign, a national gay rights group. “He has lived up to his claim of being a tireless advocate on behalf of our community.”

    Advocates would still like the government in general and Obama in particular to do more. They are pushing the Senate to pass an employment nondiscrimination law that would protect workers from discrimination on the basis of sexual orientation. Short of that, they want Obama to impose that requirement on federal contractors, a step Obama so far has resisted.

    “We have our skirmishes with the administration certainly on some issues,” Sainz said. Of Obama not signing an executive order on federal contractors, he said, “It’s a head-scratcher to us.”

    The court’s decision showcased more than just Obama’s evolving views. President Bill Clinton signed the Defense of Marriage Act in 1996.

    On Wednesday, he and his wife, Hillary Rodham Clinton, issued a joint statement: “By overturning the Defense of Marriage Act, the court recognized that discrimination towards any group holds us all back in our efforts to form a more perfect union.”

    http://www.washingtonpost.com/politi...74d_story.html

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    Quote Originally Posted by Number 47 View Post

    Advocates would still like the government in general and Obama in particular to do more. They are pushing the Senate to pass an employment nondiscrimination law that would protect workers from discrimination on the basis of sexual orientation. Short of that, they want Obama to impose that requirement on federal contractors, a step Obama so far has resisted.
    I thought it was already illegal to discriminate employees based on sexual orientation?

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    Well I don't really care either way about the issue however I will say gays piss me off a hell of lot less than Evangelicals. I guess I would side with the group that get joy out of this decision than the ones who are pissed off.

    I do understand both sides of the argument but it doesn't really affect me. I have been divorced so I already made a mockery of a sacred vow. Who am I to say "you shall not be married" when I got a divorce?

    We have bigger problems in the country than if Bruce and Shane want to put a ring on their fingers

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    Wow....according to Rand Paul, let the critter-fuckings begin.

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    Quote Originally Posted by LLFHS View Post
    Wow....according to Rand Paul, let the critter-fuckings begin.

    Well! Let's check in on that.

    Rand Paul mentions non-human marriage while discussing gay marriage, says it was joke

    Sen. Rand Paul (R-Ky.) on Wednesday appeared to suggest a link between the Supreme Court’s rulings on gay marriage and marriage between a human and a non-human, but later walked back that suggestion and said it was a joke.

    “It is difficult, because if we have no laws on this, people will take it to one extension further – does it have to be humans?” Paul said Wednesday in an interview with Glenn Beck, after Beck suggested some unintended consequences of the rulings, including polygamy.

    Paul’s office said Thursday that the senator was making a joke, according to Slate’s Dave Weigel.

    “Sarcasm sometimes doesn’t translate adequately from radio conversation,” a spokesman said. “Sen. Paul did not suggest that striking down DOMA could lead to unusual marriage arrangements. What he was discussing was that having the state recognize marriage without definition could lead to marriages with no basis in reality.”

    Later in Wednesday, on Fox News, Paul took a different tack, saying marriage as defined by each state “will probably be within certain parameters.”

    “Like I said, I don’t think it will be with multiple humans, and I think it will be human and human,” he said. “And so I didn’t mean that to mean anything other than that I think the government will still probably be involved in defining marriage to a certain aspect. I don’t think we’re going on towards polygamy or things beyond that.”

    In another interview, with ABC News, Paul praised the Supreme Court’s decision for allowing states to determine whether they will allow gay marriage.



    http://www.washingtonpost.com/blogs/...walks-it-back/

 

 

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