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Old 20 May 2014, 08:19 PM
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Judge Judge strikes down Pennsylvania law barring gay marriage

Pennsylvania's ban on same-sex marriage was struck down by a federal judge in the latest court decision in the United States confirming gay couples' rights to wed.

http://www.reuters.com/article/2014/...A4J0S820140520
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Old 20 May 2014, 10:48 PM
Singing in the Drizzle Singing in the Drizzle is offline
 
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It is good to see that the Federal Judges are supporting the Constitution.

I read this near the bottom.

Quote:
"The ruling unilaterally makes an end-run around the democratic process and places the capricious will of one man above the desires of millions of citizens," said Brian Brown, NOM president, in a statement.
Then I thought, isn't part of the job of the Constitution and Bill of Rights to protect the minority interests from the democratic process.
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Old 21 May 2014, 03:29 AM
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Oregon's just got struck down, as well. Really, at this point the remaining states with bans in place should just admit that the writing is on the wall and strike the laws from the books before they get taken to court in order to save taxpayers the expense.
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Old 21 May 2014, 03:55 AM
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That's assuming they really want to save taxpayer money.

Unfortunately, the cynic in me thinks that the 'OMG!-gay-marriage-is-icky' crowd will win out over the fiscal responsibility crowd.
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Old 21 May 2014, 04:23 AM
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In some states, yes. But in others, like Oregon, the state officials in charge of defending the law declined to defend it (probably on the grounds that there are no legitimate legal arguments in its favor).

I'm disappointed that the ballot measure to repeal the ban will be dropped here due to the decision. I understand why, but it would be nice to actually get rid of the law rather than just making it unenforceable.
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Old 21 May 2014, 04:57 AM
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So are we finally at a tipping point where SCOTUS can step in and just enforce this across the board or are we gonna have to piece meal it through all 50 states and the territories?
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Old 21 May 2014, 06:12 AM
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Well, in Oregon's case, the state won't appeal the ruling, which means it can't get to the Supreme Court from here. Some other states have done the same. I'm sure there are other states that will keep going until they get there, though.

I'm not 100% confident that the result will be what we want, though. There's at least a chance that the decision will be that the states get to define marriage. I think the odds are good that we'll get the right decision, but there's always a risk with such a conservative court. My guess is that the decision won't get made until it's all pretty much done anyway.
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Old 21 May 2014, 11:02 AM
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The 4th and 10th Circuits have already heard oral arguments in SSM cases. No doubt as soon as one of them comes out with a ruling, the loser will be filing an appeal at the Supreme Court. Whether the Supreme Court decides to hear it is another question, of course.
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Old 21 May 2014, 12:23 PM
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Quote:
Originally Posted by Singing in the Drizzle View Post
Then I thought, isn't part of the job of the Constitution and Bill of Rights to protect the minority interests from the democratic process.
Yes, and that's what the judge is enforcing, not his will as "one man." Some people apparently weren't paying attention in civics class.
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Old 21 May 2014, 03:57 PM
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I realized last night that the judge in this case is the same one who presided over Kitmiller Vs. Dover about a decade ago. Appointed by George W Bush, endorsed by Rick Santorum, and now criticized by conservatives around the country as a liberal activist judge.
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