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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: 73827
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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Begin Trace Mode for Comment # 71.

#1. To: GarySpFC, TooConservative, Vicomte13, liberator, Don, BobCeleste, Uncle Siggy, Orthodoxa, out damned spot, A K A Stone (#0)

Ping

redleghunter  posted on  2015-01-17   0:02:38 ET  Reply   Untrace   Trace   Private Reply  


#2. To: redleghunter (#1)

You get one guess how our National Theology Board will rule?

GarySpFC  posted on  2015-01-17   0:08:39 ET  Reply   Untrace   Trace   Private Reply  


#3. To: GarySpFC (#2)

Too easy. They will cave and take more states rights away.

I thought we had 4 or 5 Catholics on the court. Bad investment.

redleghunter  posted on  2015-01-17   0:10:19 ET  Reply   Untrace   Trace   Private Reply  


#13. To: redleghunter, GarySpFC (#3)

They will cave and take more states rights away.

I thought we had 4 or 5 Catholics on the court. Bad investment.

You know that I do not endorse the gay lifestyle. But please tell me the Constitutional basis for depriving gays the same rights that straight people have. I hope that you realize that every marriage that is recognized by the state is de facto nothing more than a civil union, even marriages perfomed by churches or other religious institutions. It is only the religious institutions that add an extra dimension to that state sanctioned civil union according to the beliefs of the respective religion, which do not in any way limit or enhance recognition of the legality and/or rights and privileges of the state sanctioned civil union.

In other words, in the eyes of the state all civil unions are equal whether performed by the secular or the religious, except those that are expressly denied by the state (e.g. - polygamy). And what is the basis for the state banning polygamy?

SOSO  posted on  2015-01-17   14:50:14 ET  Reply   Untrace   Trace   Private Reply  


#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   Untrace   Trace   Private Reply  


#18. To: Palmdale (#15)

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

Of course it is. Please re-read it.

SOSO  posted on  2015-01-17   17:12:41 ET  Reply   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   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   Untrace   Trace   Private Reply  


Replies to Comment # 71.

#75. To: A K A Stone (#71)

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

It evolved over time, just as the power of POTUS and that of Congress. No-one on On day one of the new U.S. government per the Constitution, least of all Washington, John Jay, Adams, etc. None really knew how it was all going to work. They jockeyed for position while trying to avoid precipating a Constitutional crisis. The manuvering by Madison and Hamilton are the stuff of legends. Jefferson was probably one of the slickest of all before and during his presidency. Many believed that he violated the U.S. Consitution on more than one occasion, not the least of which being the Louisiana Purchase.

So the balance of power between the three Branches of government was in flux and up for grabs from virtually day one of the Republic. Basically each branch staked claims and if no-one challenged it it was theirs.

SOSO  posted on  2015-01-17 23:34:36 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 71.

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