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Jodi Moisan
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Posted: 07 July 2010 at 8:06am | IP Logged | 1  

Jeremiah I am glad we didn't give the southern states the chance to decide civil rights issues in their states.  With what is going on in Arizona and now Hawaii, is a perfect example of why States Rights are flawed. 
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Jason Mark Hickok
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Posted: 07 July 2010 at 8:14am | IP Logged | 2  

Some part of me agrees that matters like this (gay marriage) should be left to the people of that individual state to decide.

Then the realist part of me that for some reason when large groups of people vote that a lot of the time they turn into ignorant douche bags.  Voting out of fear and old time plus wrong ideals (hiding behind God most of the time).

So I say to the Federal Government to pass a Gay Marriage Act making it legal in all 50 states (plus DC and wherever else).

Once it is into law then every citizen, that is not gay, will see that gay marriage affects their life 0% and will wonder what the big deal was and why it didn't happen sooner.


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Donald Miller
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Posted: 07 July 2010 at 8:32am | IP Logged | 3  

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

It's already there.  The law has been passed...It's an amendment to the constitution.  I would argue that a state law telling a same sex couple that their marriage is not allowed would be both "abridging a privilege" and "Depriving of Liberty"...and also denying equal protections.


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Jeremiah Avery
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Posted: 07 July 2010 at 8:34am | IP Logged | 4  

It's pathetic how some will decry "activist judges" in matters such as gay marriage but if you bring up the landmark Brown vs The Board of Education of Topeka to them, they quickly try to find justification.

Arizona wouldn't have had to enact their laws if the Federal Government actually enforced existing laws and went after the employers of illegal labor.  Since those employers line the coffers of these politicians, that's  not going to be happening anytime soon.

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Juan Jose Colin Arciniega
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Posted: 07 July 2010 at 11:19am | IP Logged | 5  

What a pathetic way to deny Same Sex Civil Unions for Hawaii...the Governor waited at the last minute to veto it!
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David Ferguson
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Posted: 08 July 2010 at 5:41am | IP Logged | 6  

Well Seanad Eireann passed the Civil Partnership Bill. One Seantor resigned over the bill but other than that most politicians were happy enough for it to pass. Politicians are often ahead of the People over here. The opposite seems true in the US.
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Marc Foxx
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Posted: 08 July 2010 at 8:34am | IP Logged | 7  

This headline from The Economist was posted over on another blog I follow and I had to post it over here Tired Gay Succumbs To Dix In 200 Meters.
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Geoff Gibson
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Posted: 08 July 2010 at 6:55pm | IP Logged | 8  

A Federal Judge found DOMA unconstitutional today

Article

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Marc Baptiste
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Posted: 08 July 2010 at 8:48pm | IP Logged | 9  

Geoff,

I'm glad, of course, but I think we have to wonder at this point how far Anthony Kennedy's sympathies towards equality for gays and lesbians will stretch!
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Geoff Gibson
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Posted: 09 July 2010 at 7:14am | IP Logged | 10  

Strategically if I were writing the brief to the Court that would be the theme I would take: Explain how gay couples are not being discriminated against and how DOMA is not discriminatory. Force Kennedy to align himself, historically, with Henry Billings Brown and Roger B. Taney.

This fell out of my fingers but I think an artful writer could make a compelling preliminary statement from it:

"If this Court finds DOMA is constitutional it is essentially findng that homosexuals in marriages, civil unions or other legally recognized committed relationships may be treated differently at law; it is holding that our Constitution allows for Separate and Unequal application of the law to Homosexuals. Such a finding cannot be consistant with the spirit of either our Constitution or the principle that "all [persons] are created equal" and the inalienable rights of "life, liberty, and the pursuit of happiness" is more than a promise but, like marriage itself, a commitment."

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Juan Jose Colin Arciniega
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Posted: 09 July 2010 at 10:31am | IP Logged | 11  

The next step after finding DOMA unconstitutional would be in the appeals circuits. I hope that this time DOMA is repealed, that way would allow me to join my Hubby in USA faster.
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Donald Miller
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Posted: 09 July 2010 at 11:52am | IP Logged | 12  

Only a matter of time...they are tinkering about with States Rights BS...It will all eventually fall by the wayside as all Americans are allowed the right to marry whomever they choose.
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