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Victor Manuel Fernandez Patiño
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Joined: 16 April 2004
Location: Mexico
Posts: 1615
Posted: 04 November 2008 at 12:56pm | IP Logged | 1  

Let's hope we can survive this pinching asses phase...


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Al Cook
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Joined: 21 December 2004
Posts: 12734
Posted: 04 November 2008 at 1:13pm | IP Logged | 2  

Survive? Yes. Sit down again for a while? Perhaps not.
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Victor Manuel Fernandez Patiño
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Joined: 16 April 2004
Location: Mexico
Posts: 1615
Posted: 04 November 2008 at 1:15pm | IP Logged | 3  

Well I'm used to eat standing and walking around... but my time in front of the computer... mmmm...
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Wallace Sellars
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Joined: 01 May 2004
Location: United States
Posts: 17819
Posted: 04 November 2008 at 1:22pm | IP Logged | 4  

Cool Build-O-Bama!
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Marc Baptiste
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Joined: 17 June 2004
Location: United States
Posts: 3633
Posted: 04 November 2008 at 5:34pm | IP Logged | 5  

Geoff & everybuddy,

There was a "sort of" federal case some years ago, as I recall.  I think it was a case in Minnesota in the 1970's where a gay couple brought a case all the way to the Minnesota Supreme Court, where the state justices ruled that same-sex couples did not have a right to marry under the U.S. Supreme Court ruling in Loving v. Virginia (the landmark case that struck down laws prohibiting people of different races to marry).  As the Minnesota Supreme Court ruled using the precedent of a case (Loving) based on the U.S. Constitution, appellants were able to appeal to the U.S. Supreme Court, who in turn dismissed the case for want of a "substantial" federal question.  By letting a lower court ruling stand re: a federal question, even absent an official opinion by the U.S. Supreme Court, this established a limited precedent for all lower federal courts to follow. 

In other words, since the Supremes didn't say that the Minnesota Supreme Court was wrong in it's interpretation of Loving; that same-sex couples don't have a right to marry (as interracial couples do), it is reasonable to infer that lower courts are required to follow the high court and do the same.  Hence, a "sort of" federal addressing of the issue.

However, in light of more recent court rulings (e.g., Romer v. Evans and Lawrence v. Texas) -- the High Court might feel a more "substantial" federal question(s) has arisen and the issue is more ripe for adjudication.



Edited by Marc Baptiste on 04 November 2008 at 5:55pm
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Jodi Moisan
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Joined: 19 February 2008
Location: United States
Posts: 6808
Posted: 04 November 2008 at 6:30pm | IP Logged | 6  

I just got back and man I missed a lot, hugs back for everyone, an ass pinch for Al. Loved the Build Obama
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Geoff Gibson
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Joined: 21 April 2004
Location: United States
Posts: 5744
Posted: 04 November 2008 at 7:00pm | IP Logged | 7  

Thanks for pointing that out Marc -- its been well over 10 years since
con law for me and after reading your comment I did some quick
research. The case you referenced Baker v. Nelson was from 1972
(or thereabouts).

I think Marc's right its a different Court and views on homosexuality are
so markedly different from 1972 I think the Court may consider the issue
differently. I think the way the argument is framed is what is important
and based on what we've seen in the California and Connecticut decisions
that seems to be the case. I don't think there is any dispute that
regulation and restrictions on the "right" to marry by states is permissible
(for exmaple making it illegal for 15 year olds to marry). The question will
be whether the restriction on same sex couples to marry is a violation of
equal protection -- will homesexuals be treated as a "suspect class?"   If
they are the prospects look good.

I am hopeful my childen will view cases like Baker as examples of
anachronistic bigotry, just as we today view cases race cases like
Plessey v. Ferguson (which established the "separate but equal"
doctrine.
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Juan Jose Colin Arciniega
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Joined: 16 April 2004
Location: United States
Posts: 6413
Posted: 04 November 2008 at 7:04pm | IP Logged | 8  

I don't quite remember too well....but i believe that that case was documented in the movie "The bible tells me so"!
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Mike O'Brien
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Joined: 18 April 2004
Location: United States
Posts: 10927
Posted: 04 November 2008 at 7:50pm | IP Logged | 9  

Juan - I love the Build-o-bama - is it a Spumco kit?
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Moyer Hall
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Joined: 09 August 2004
Location: United States
Posts: 1135
Posted: 04 November 2008 at 11:38pm | IP Logged | 10  

I love the Build-O-Bama too! I want one. Just to rub it in my conservative
bosses face! Where do you get them?

Oh...and let ME be the first...

GO-BAMA!!!!! I feel a Celine Dion song coming on...
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Victor Manuel Fernandez Patiño
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Joined: 16 April 2004
Location: Mexico
Posts: 1615
Posted: 05 November 2008 at 1:50am | IP Logged | 11  

Congratulations boys and girls!

-Sadly not much time to celebrate here in Mexico, as our own -equivalent to- Vice President died at 6:50 pm in a plane that crashed in the city-.

Many theories about this tragic accident...
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Joakim Jahlmar
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Joined: 10 October 2005
Location: Sweden
Posts: 6080
Posted: 05 November 2008 at 7:19am | IP Logged | 12  

Congratulations and thanks our American friends (well, I think we can
enjoy the congratultions on an international level)!

And sympathies and condlences to our Mexican friends. I hope all of you
are ok (given that the crash took place in a city).
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