U.S. Supreme Court legalizes nationwide gay marriage

The Batlord · 06-26-2015, 05:07 PM

Quote:

Originally Posted by Frownland

State's rights rebuttal:

Unelected judges rebuttal:

But that doesn't address the issue of whether or not the Court is stretching their interpretation of Constitutional law to an extent that they're in effect rewriting it.

**Frownland** · 06-26-2015, 05:17 PM

Quote:

Originally Posted by The Batlord

But that doesn't address the issue of whether or not the Court is stretching their interpretation of Constitutional law to an extent that they're in effect rewriting it.

That wasn't in the points that we were discussing, but since you asked nicely:

Quote:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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.

The LGBT community was being denied privileges that were granted to heterosexual couples, which sounds like something that the 14th amendment does not allow for. I think that's a valid justification for declaring same sex marriage bans unconstitutional.

fiddler · 06-26-2015, 06:41 PM

Quote:

Originally Posted by The Batlord

But that doesn't address the issue of whether or not the Court is stretching their interpretation of Constitutional law to an extent that they're in effect rewriting it.

It doesn't matter. The Supreme Court's job is to decide if a law does or does not violate the rights of the citizens. In this case, they have decided that it does. I for one am incredibly happy.

Trollheart · 06-26-2015, 06:54 PM

Quote:

Originally Posted by YorkeDaddy

A historic day. It's about ****ing time.

Ireland led the way!

DwnWthVwls · 06-26-2015, 06:55 PM

Yeh with extra sausage for breakfast..

The Batlord · 06-26-2015, 07:34 PM

Quote:

Originally Posted by Frownland

That wasn't in the points that we were discussing, but since you asked nicely:

I did actually. It was the entire basis of my argument.

Quote:

The LGBT community was being denied privileges that were granted to heterosexual couples, which sounds like something that the 14th amendment does not allow for. I think that's a valid justification for declaring same sex marriage bans unconstitutional.

I'm well aware that the 13th Amendment extended the jurisdiction of the Bill of Rights to the states. I'm not talking about states' rights. I'm talking about how the Supreme Court interprets the Constitution in general.

I'm also not talking about this ruling. As far as I'm concerned, gay marriage does fall under the Constitution. At the same time, I didn't even know this was a case until today, so I have no idea who the parties involved in the case are, what the case was about, or how the Court interpreted the Constitution to decide their ruling. For all I know, this could in fact be bad law, not because the Constitution shouldn't protect gay marriage, but simply because the specifics of the case might not have justified the Court's application of the law in this specific case. I simply have no idea, since, again, I have no idea what the case was.

I was using Brown v. Board of Education as my example (improperly I must admit, as I should have been referring to Heart of Atlanta Motel, Inc. v. United States), because the Court interpreted the Commerce Clause of Article I, Section 8, Clause 3 of the Constitution to rule that businesses discriminating based on race was unconstitutional. The clause reads that "The Congress shall have power...":

Quote:

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

The bolded was the basis for their decision (along with the Civil Rights Act of 1964). Basically, the Court said that a business that catered to out of state customers was violating the Constitution by discriminating against blacks, and this has since been interpreted to encompass pretty much everything.

My point is that it's a big stretch to say that the Commerce Clause should extend to that. And if the Court can interpret the Constitution to say pretty much anything it wants to, then the Constitution's authority has been functionally superseded by the Supreme Court.

Again, I'm not worried about the Court staging a quiet coup to seize control of the government, since they generally are pretty conservative about wielding their authority, but every time the law of the land becomes watered down whenever it suits the Court's moral prerogative, then the law of unintended consequences threatens to undermine the greater good of the country later on in unforeseen ways.

grindy · 06-26-2015, 11:07 PM

Just as I thought it was time to update this one they did.

A 30-Second Guide to How the Gay Marriage Ruling Affects You | Cracked.com

DwnWthVwls · 06-27-2015, 12:17 AM

The last one is the best.

Cheers! \

/

~~John Wilkes Booth~~ · 06-27-2015, 01:40 AM

Quote:

Originally Posted by Burning Down

It was only Massachusetts in 2003, 2 years before it happened here. I'm talking about recognizing it on a federal level, which it was not until this morning.

umm. yea you guys were on the cutting edge of legalized sodomy technology, but pretty sure we got to the moon before any of you bitches, so sit the **** down canada

USA USA USA

DeadChannel · 06-27-2015, 02:12 AM

Hey, today America became a little bit less completely ****ed.
Congratulations.

06-26-2015, 11:07 PM	#67 (permalink)
grindy . Join Date: Oct 2014 Location: . Posts: 7,201	Just as I thought it was time to update this one they did. A 30-Second Guide to How the Gay Marriage Ruling Affects You \| Cracked.com __________________ *A smell of petroleum prevails throughout.*

06-27-2015, 02:12 AM	#70 (permalink)
DeadChannel Music Addict Join Date: Dec 2014 Location: Canada Posts: 1,259	Hey, today America became a little bit less completely ****ed. Congratulations.