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Title: Breaking: U.S. Supreme Court will rule on gay ‘marriage’ issue
Source: Life Site News
URL Source: https://www.lifesitenews.com/news/b ... ill-rule-on-gay-marriage-issue
Published: Jan 16, 2015
Author: Ben Johnson
Post Date: 2015-01-17 00:00:11 by redleghunter
Keywords: None
Views: 66556
Comments: 155

After more than a decade of legal wrangling and a burst of judicial activism that overturned the will of the voters in dozens of states, the U.S. Supreme Court agreed on Friday to rule on whether same-sex “marriage” is an unalienable constitutional right.

Justices announced Friday that they had consolidated four cases from the states of Ohio, Tennessee, Michigan, and Kentucky, scheduling two hearings for April.

According to the Court's document, the first 90-minute session will ask, “Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?” The second session, scheduled to last one hour, will ask, “Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?”

The move comes after the High Court declined to hear a series of appeals in October, leaving states where judges had redefined marriage without legal recourse. Justice Ruth Bader Ginsburg hinted at a public hearing that justices could weigh in on the issue if lower court rulings began to conflict.

In November, the Sixth Circuit Court of Appeals, based in Ohio, upheld the constitutionality of constitutional marriage protection amendments in four states – the four states where the justices agreed to hear appeals on Friday.

Court watchers expect a ruling before the end of the court's term in late June.

Click for Full Text!


Poster Comment:

The X Amendment vs. the XIV Amendment.

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#31. To: SOSO (#30)

Or are you saying the constitution was illegal and recreated the states?

I don't know how you come to that conclusion.

Because technically they were there to amend the articles of confederation. Instead they made the constitution.

A K A Stone  posted on  2015-01-17   17:53:46 ET  Reply   Trace   Private Reply  


#32. To: SOSO (#18)

Of course it is. Please re-read it.

State powers preexisted the Constitution, which is a limited delegation of those preexisting powers to the federal government.

Read a book.

Palmdale  posted on  2015-01-17   17:56:48 ET  Reply   Trace   Private Reply  


#33. To: A K A Stone (#29)

Because they are not delegated to change the meaning of words.

To exactly what words are you referring? Certainly not marriage as that word doesn't appear in the Constitution. BTW, neither do the words men and women.

"They are prohibiting the free exercise of religion by forcing society to accept something that isn't."

Exactly how? I am not aware that the State is forcing religious institutions to perform or even sanction gay marriage. If anything the state is saying that religious institutions need to treat gay marriages the same way it treats any marriage that was sanctioned by the state that were outside of the institution's religious ceremony.

SOSO  posted on  2015-01-17   17:58:37 ET  Reply   Trace   Private Reply  


#34. To: SOSO (#30)

But I agree that in some manner the states did create at least part of the Consitution as many states would not ratify the orignal document without adding the Bill of Rights.

"But it is universally understood, it is a part of the history of the day, that the great revolution which established the Constitution of the United States was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen who then watched over the interests of our country deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty. In almost every convention by which the Constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the General Government -- not against those of the local governments. In compliance with a sentiment thus generally expressed, to quiet fears thus extensively entertained, amendments were proposed by the required majority in Congress and adopted by the States. These amendments contain no expression indicating an intention to apply them to the State governments."

https://supr em e.justia.com/cases/federal/us/32/243/case.html

Palmdale  posted on  2015-01-17   18:00:29 ET  Reply   Trace   Private Reply  


#35. To: Palmdale (#32)

Done so many times. Here is what it says in Article 1 Section 10:

"Section. 10.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."

I trust that this resolves our disagreement.

SOSO  posted on  2015-01-17   18:03:07 ET  Reply   Trace   Private Reply  


#36. To: SOSO (#33)

I am not aware that the State is forcing religious institutions to perform or even sanction gay marriage.

Federal district court judges are forcing states and their electorates to sanction gay marriage.

Palmdale  posted on  2015-01-17   18:03:18 ET  Reply   Trace   Private Reply  


#37. To: SOSO (#33)

A K A Stone  posted on  2015-01-17   18:04:25 ET  Reply   Trace   Private Reply  


#38. To: Palmdale (#34)

Do you inderstand how the Constitutional Convention came about and why?

SOSO  posted on  2015-01-17   18:05:02 ET  Reply   Trace   Private Reply  


#39. To: A K A Stone (#37)

If I was a preacher. I would put a bullet in their head before I married them. Just saying.

Well, you would be breaking the law.....unless perhaps if you were in a Make My Day state:)

SOSO  posted on  2015-01-17   18:05:54 ET  Reply   Trace   Private Reply  


#40. To: All (#37)

I'm not a preacher so that is only theoretical. :)

A K A Stone  posted on  2015-01-17   18:06:12 ET  Reply   Trace   Private Reply  


#41. To: SOSO (#35)

Here is what it says in Article 1 Section 10:

Exactly! Article 1 Section 10, NOT the Bill of Rights. Again, from the Supreme Court:

"It is worthy of remark, too, that these inhibitions generally restrain State legislation on subjects intrusted to the General Government, or in which the people of all the States feel an interest. A State is forbidden to enter into any treaty, alliance or confederation. If these compacts are with foreign nations, they interfere with the treaty-making power, which is conferred entirely on the General Government; if with each other, for political purposes, they can scarcely fail to interfere with the general purpose and intent of the Constitution. To grant letters of marque and reprisal, would lead directly to war, the power of declaring which is expressly given to Congress. To coin money is also the exercise of a power conferred on Congress. It would be tedious to recapitulate the several limitations on the powers of the States which are contained in this section. They will be found generally to restrain State legislation on subjects intrusted to the government of the Union, in which the citizens of all the States are interested. In these alone were the whole people concerned. The question of their application to States is not left to construction. It is averred in positive words."

Palmdale  posted on  2015-01-17   18:06:26 ET  Reply   Trace   Private Reply  


#42. To: SOSO (#38)

Do you inderstand how the Constitutional Convention came about and why?

Yes. You don't.

Palmdale  posted on  2015-01-17   18:07:08 ET  Reply   Trace   Private Reply  


#43. To: SOSO (#39)

Well, you would be breaking the law.....unless perhaps if you were in a Make My Day state:)

It could be considered an act of self defense. ;)

A K A Stone  posted on  2015-01-17   18:07:30 ET  Reply   Trace   Private Reply  


#44. To: Devil Anse (#43)

I've been a bad boy.

A K A Stone  posted on  2015-01-17   18:09:00 ET  Reply   Trace   Private Reply  


#45. To: Palmdale (#36)

Federal district court judges are forcing states and their electorates to sanction gay marriage.

We need to agree on the meaning of words here.

From Mirian-Webster:

"sanc·tion noun ÈsaK(k)-shYn : an action that is taken or an order that is given to force a country to obey international laws by limiting or stopping trade with that country, by not allowing economic aid for that country, etc.

: official permission or approval"

It would seem that the second meaning is on point.

I wouldn't say sanction then but rather acceptance as being legal in the general society - closer to the permission definition of the word sanction. That is a difference with a real distinction. There are a whole bunch of things that states must accept as being legal without having to sanction them. Do we need to recount the whole civil rights movement, particularly some states' ban on interracial marriages?

SOSO  posted on  2015-01-17   18:16:10 ET  Reply   Trace   Private Reply  


#46. To: Palmdale (#42)

Do you inderstand how the Constitutional Convention came about and why?

Yes. You don't.

Then please educate me.

SOSO  posted on  2015-01-17   18:17:06 ET  Reply   Trace   Private Reply  


#47. To: A K A Stone (#43)

It could be considered an act of self defense. ;)

Ah, you were just protecting your Johnsons. Well, OK then.

SOSO  posted on  2015-01-17   18:18:01 ET  Reply   Trace   Private Reply  


#48. To: Palmdale (#41)

This has nothing to do with the Bill of Rights. this was part of the original text that was sent out to the states to ratified. that text did not include the Bill of Rights, The BoR was added later. So right from the gitgo the Constitution was in fact the basis for state and municipal powers.

SOSO  posted on  2015-01-17   18:38:18 ET  Reply   Trace   Private Reply  


#49. To: SOSO (#48)

So right from the gitgo the Constitution was in fact the basis for state and municipal powers.

You seem a little confused.

Let me ask you a question. This may clear it up.

Who was the first President of the United States?

A K A Stone  posted on  2015-01-17   18:39:44 ET  Reply   Trace   Private Reply  


#50. To: SOSO (#45)

sanc·tion noun ÈsaK(k)-shYn

A verb is not a noun.

SANC'TION, v.t. To ratify; to confirm; to give validity or authority to.

http://1828.mshaffer.com/d/word/sanction

Palmdale  posted on  2015-01-17   18:41:17 ET  Reply   Trace   Private Reply  


#51. To: SOSO (#48)

This has nothing to do with the Bill of Rights. this was part of the original text that was sent out to the states to ratified. that text did not include the Bill of Rights, The BoR was added later. So right from the gitgo the Constitution was in fact the basis for state and municipal powers.

Non sequitur.

To refresh your memory:

"But it is universally understood, it is a part of the history of the day, that the great revolution which established the Constitution of the United States was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen who then watched over the interests of our country deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty. In almost every convention by which the Constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the General Government -- not against those of the local governments. In compliance with a sentiment thus generally expressed, to quiet fears thus extensively entertained, amendments were proposed by the required majority in Congress and adopted by the States. These amendments contain no expression indicating an intention to apply them to the State governments."

You may also consider that part of the education you requested.

Palmdale  posted on  2015-01-17   18:43:48 ET  Reply   Trace   Private Reply  


#52. To: A K A Stone (#49)

Who was the first President of the United States?

It is fascinating how many of these self-proclaimed experts on the Constitution think it established a national government rather than a federal government.

Palmdale  posted on  2015-01-17   18:46:50 ET  Reply   Trace   Private Reply  


#53. To: Palmdale (#46)

Do you inderstand how the Constitutional Convention came about and why?

Yes. You don't.

Then please educate me.

I will help you out. Here is what I know about why the Constitutional Convention came about:

Constitutional Convention, (1787), in U.S. history, convention that drew up the Constitution of the United States. Stimulated by severe economic troubles, which produced radical political movements such as Shays’s Rebellion, and urged on by a demand for a stronger central government, the convention met in the Pennsylvania State House in Philadelphia (May 25– September 17, 1787), ostensibly to amend the Articles of Confederation. All the states except Rhode Island responded to an invitation issued by the Annapolis Convention of 1786 to send delegates. Of the 74 deputies chosen by the state legislatures, only 55 took part in the proceedings; of these, 39 signed the Constitution. The delegates included many of the leading figures of the period. Among them were George Washington, who was elected to preside, James Madison, Benjamin Franklin, James Wilson, John Rutledge, Charles Pinckney, Oliver Ellsworth, and Gouverneur Morris.

Discarding the idea of amending the Articles of Confederation, the assembly set about drawing up a new scheme of government but found itself divided, delegates from small states (those without claims to unoccupied western lands) opposing those from large states over the apportionment of representation. Edmund Randolph offered a plan known as the Virginia, or large state, plan, which provided for a bicameral legislature with representation of each state based on its population or wealth. William Paterson proposed the New Jersey, or small state, plan, which provided for equal representation in Congress. Neither the large nor the small states would yield. Oliver Ellsworth and Roger Sherman, among others, in what is sometimes called the Connecticut, or Great, Compromise, proposed a bicameral legislature with proportional representation in the lower house and equal representation of the states in the upper house. All revenue measures would originate in the lower house. That compromise was approved July 16.

The matter of counting slaves in the population for figuring representation was settled by a compromise agreement that three-fifths of the slaves should be counted as population in apportioning representation and should also be counted as property in assessing taxes. Controversy over the abolition of the importation of slaves ended with the agreement that importation should not be forbidden before 1808. The powers of the federal executive and judiciary were enumerated, and the Constitution was itself declared to be the “supreme law of the land.” The convention’s work was approved by a majority of the states the following year.

In other words, the country was failing under the Articles of Confederation primarily because the Federal govenrment as established by the AoC was too weak to effectively govern the Republic. It was widely recognized that the Federal government needed more central powers if the Republic was to survive. The Constitutional Convention was convened to correct the short comings of the AoC in that regard.

You may try to prove this understanding wrong if you wish. I will listen and be open to changing my understading if you have the facts to justify such.

SOSO  posted on  2015-01-17   18:47:18 ET  Reply   Trace   Private Reply  


#54. To: A K A Stone (#49)

Who was the first President of the United States?

The big GW is almost universally acknowledged as such but some agrue that it was John Hanson, the President of the Continental Congress. Why to you ask?

SOSO  posted on  2015-01-17   18:50:54 ET  Reply   Trace   Private Reply  


#55. To: SOSO (#53)

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.[3]

How can the created delegate power to the creator?

In other words how can the tail delegate authority to the head?

Or how can the principal have power delegated to it?

A K A Stone  posted on  2015-01-17   18:51:44 ET  Reply   Trace   Private Reply  


#56. To: SOSO (#54)

John Hanson

I ask because the states existed before Washington. They later created the Federal Government.

Just for a timeline of sorts.

A K A Stone  posted on  2015-01-17   18:52:50 ET  Reply   Trace   Private Reply  


#57. To: Palmdale (#51)

You have yourself wrapped around your own axel. Your first statement was:

#15. To: SOSO (#13)

But please tell me the Constitutional basis for depriving gays the same rights that straight people have.

The Constitution is not the basis for state and municipal powers.

Palmdale posted on 2015-01-17 15:50:37 ET Reply Trace Private Reply

Article 1, Section 10 of the U.S. Constitution says that you are wrong. End of story.

SOSO  posted on  2015-01-17   18:53:25 ET  Reply   Trace   Private Reply  


#58. To: SOSO (#53)

It was widely recognized that the Federal government needed more central powers if the Republic was to survive.

And the states delegated certain powers to the federal government in the Constitution. If there is clause delegating the federal judiciary the power to amend the language and intent of the Constitution to compel states to surrender their inherent police powers and to sanction pervert marriage, please quote and cite it.

Palmdale  posted on  2015-01-17   18:55:12 ET  Reply   Trace   Private Reply  


#59. To: SOSO (#57)

Article 1, Section 10 of the U.S. Constitution says that you are wrong.

Nonsense. It lists a limited set of explicit restrictions on the states in the wake of the creation of the federal government. The Supreme Court unanimously refuted your false assertion, as i have already quoted and cited.

Try reading it this time. I can't educate you when you are being willfully ignorant.

"It is worthy of remark, too, that these inhibitions generally restrain State legislation on subjects intrusted to the General Government, or in which the people of all the States feel an interest. A State is forbidden to enter into any treaty, alliance or confederation. If these compacts are with foreign nations, they interfere with the treaty-making power, which is conferred entirely on the General Government; if with each other, for political purposes, they can scarcely fail to interfere with the general purpose and intent of the Constitution. To grant letters of marque and reprisal, would lead directly to war, the power of declaring which is expressly given to Congress. To coin money is also the exercise of a power conferred on Congress. It would be tedious to recapitulate the several limitations on the powers of the States which are contained in this section. They will be found generally to restrain State legislation on subjects intrusted to the government of the Union, in which the citizens of all the States are interested. In these alone were the whole people concerned. The question of their application to States is not left to construction. It is averred in positive words."

Palmdale  posted on  2015-01-17   18:59:41 ET  Reply   Trace   Private Reply  


#60. To: A K A Stone (#56)

I ask because the states existed before Washington. They later created the Federal Government.

Just for a timeline of sorts.

The timeline shows us the following:

Some Continental Congress delegates had also informally discussed plans for a more permanent union than the Continental Congress, whose status was temporary. Benjamin Franklin had drawn up a plan for “Articles of Confederation and Perpetual Union.” While some delegates, such as Thomas Jefferson, supported Franklin’s proposal, many others were strongly opposed. Franklin introduced his plan before Congress on July 21, but stated that it should be viewed as a draft for when Congress was interested in reaching a more formal proposal. Congress tabled the plan.

Following the Declaration of Independence, the members of the Continental Congress realized that it would be necessary to set up a national government. Congress began to discuss the form this would take on July 22, and disagreed on a number of issues, including whether representation and voting would be proportional or state-by-state.

The disagreements delayed final discussions of confederation until October of 1777. By then, the British capture of Philadelphia had made the issue more urgent. Delegates finally formulated the Articles of Confederation, in which they agreed to state-by-state voting and proportional state tax burdens based on land values, though they left the issue of state claims to western lands unresolved. Congress sent the Articles to the states for ratification at the end of November. Most delegates realized that the Articles were a flawed compromise, but believed that it was better than an absence of formal national government."

The Continental Congress gave us a Federation. The Constitutional Convention gave us the Republic that we are today. Can we agree that both were established by the consent of the governed - of course that was before the Gruber Principle was established.

SOSO  posted on  2015-01-17   19:03:13 ET  Reply   Trace   Private Reply  


#61. To: Palmdale (#59)

The Supreme Court unanimously refuted your false assertion, as i have already quoted and cited.

You mean their codification of the Commerce Clause? Riiiiiight................

SOSO  posted on  2015-01-17   19:04:26 ET  Reply   Trace   Private Reply  


#62. To: SOSO (#61)

You mean their codification of the Commerce Clause?

Barron had nothing to do with the Commerce Clause. At this point you're just generating static.

I figured your request for education was bogus.

Palmdale  posted on  2015-01-17   19:06:35 ET  Reply   Trace   Private Reply  


#63. To: SOSO (#60)

The disagreements delayed final discussions of confederation until October of 1777. By then, the British capture of Philadelphia had made the issue more urgent. Delegates finally formulated the Articles of Confederation, in which they agreed to state-by-state voting and proportional state

Lets see there were states in 1777. The constitution didn't come about until 1789.

So I guess that means that the Federal government did create the states since it came after the states. That makes sense.

I mean when the states sent people who drew up the constitution. There was a time warp and what happened was actually before.

I hope that clears it up.

A K A Stone  posted on  2015-01-17   19:06:36 ET  Reply   Trace   Private Reply  


#64. To: A K A Stone (#63)

There was a time warp and what happened was actually before.

Pesky old facts.

Palmdale  posted on  2015-01-17   19:08:22 ET  Reply   Trace   Private Reply  


#65. To: A K A Stone, palmdale. (#63)

So I guess that means that the Federal government did create the states since it came after the states. That makes sense.

I didn't say that there weren't states prior to the Constitution. I said that the Consitution spells out what powers are for the Fed and what are for the states. In other what each can and cannot do.

Now the states can in fact amend the Consitution if they so wish. What do you think the chances of geting 2/3 of both Houses agreeing on the wording of an Amendment and then getting 75% of the states approving the amendment these days?

N.B. - The Federal gobernmente existed prior to the drafting and ratification of the Constitution, which at last check is still the law of the land. No time warp here.

N.B. - With the passage of time the Federal gobernmente, with the full blessing of SCOTUS, has pulled more chips to its side of the table from the states.

That's my story and I sticking with it.

SOSO  posted on  2015-01-17   19:24:41 ET  Reply   Trace   Private Reply  


#66. To: Vicomte13 (#26)

Exactly what is the State's compelling reason to prohibit gay marriage?

The desire to not be utterly destroyed by God?

Then why hasn't the state banned abortion?

SOSO  posted on  2015-01-17   19:27:17 ET  Reply   Trace   Private Reply  


#67. To: redleghunter (#0) (Edited)

everyone knows that anthony kennedy is a closet queer. he will side with the democrat muslim liberals to let the poop packers destroy our country.

Is Anthony Kennedy 'the first gay justice'?

http://www.cnn.com/2013/06/27/politics/scotus-kennedy/

argo  posted on  2015-01-17   19:28:07 ET  Reply   Trace   Private Reply  


#68. To: SOSO (#65)

I said that the Consitution spells out what powers are for the Fed and what are for the states.

Willful ignorance is tiresome.

"It is worthy of remark, too, that these inhibitions generally restrain State legislation on subjects intrusted to the General Government, or in which the people of all the States feel an interest. A State is forbidden to enter into any treaty, alliance or confederation. If these compacts are with foreign nations, they interfere with the treaty-making power, which is conferred entirely on the General Government; if with each other, for political purposes, they can scarcely fail to interfere with the general purpose and intent of the Constitution. To grant letters of marque and reprisal, would lead directly to war, the power of declaring which is expressly given to Congress. To coin money is also the exercise of a power conferred on Congress. It would be tedious to recapitulate the several limitations on the powers of the States which are contained in this section. They will be found generally to restrain State legislation on subjects intrusted to the government of the Union, in which the citizens of all the States are interested. In these alone were the whole people concerned. The question of their application to States is not left to construction. It is averred in positive words."

Palmdale  posted on  2015-01-17   19:35:40 ET  Reply   Trace   Private Reply  


#69. To: Palmdale, A K A Stone (#68)

I said that the Consitution spells out what powers are for the Fed and what are for the states.

Willful ignorance is tiresome.

Yes, it is. I will repeat for the last time then move on, the Federal government pre-existed the Consitution. The reality is that it was rperesentatives of the Federal government that manipulated the convening of the Continental Congress and under somewhat false pretenses. Many, if not most, of the delegates the the CoC had no idea what the real agenda, which was establised by the operatives of the Federal government, was, and this was by design by the organizers.

For discussions puproses I will concede that the states formed the Federal government through the convening of the Continental Congress and the ratification of the AoC. But from that moment on the Fed had a life of its own with a very strong sense of self perservation. At that point, prior to the Consitutional Convention, the created became a very viable rival of the creator for supremacy. I leave it to you decide which has obtained the greatest weight of power over time, and, all with the blessings of SCOTUS.

You call this static if you wish, it makes no difference to its veracity just to one's willful ignorance.

SOSO  posted on  2015-01-17   20:21:34 ET  Reply   Trace   Private Reply  


#70. To: SOSO (#69)

I will repeat for the last time then move on, the Federal government pre-existed the Consitution.

Willful ignorance

Palmdale  posted on  2015-01-17   20:39:21 ET  Reply   Trace   Private Reply  


#71. To: SOSO (#69)

At that point, prior to the Consitutional Convention, the created became a very viable rival of the creator for supremacy. I leave it to you decide which has obtained the greatest weight of power over time, and, all with the blessings of SCOTUS.

I will agree with you on that.

A couple point though if you don't mind.

Where does the supreme court get its power to decide if things are constitutional or not and to strike down laws.

Perhaps it is necessary. But can you point out some legal authroity from the constitution?

A K A Stone  posted on  2015-01-17   21:32:38 ET  Reply   Trace   Private Reply  



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