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10th Circuit Court rules same-sex marriage bans unconstitutional

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M

Mike M

Nick N
The dancing girl in the green dress is Penny from the show Happy Endings.

It has absolutely nothing to do with gay marriage, it's just a running gag.
 
V

Volimar

Member
tumblr_inline_n67jhrMHwb1rhpuhq.gif




In other news:

Judge grants request to force Indiana to recognize couple's same-sex marriage

http://www.neogaf.com/forum/showthread.php?t=844181
 
H

HylianTom

Banned
I'm making a prediction now: the timing of these cases working their way through the federal judiciary likely means we'll see a SCOTUS ruling this week next year. Likely on Friday, June 26, 2015. Mark your calendars.

I'll be taking that Thursday and Friday off. HylianGreg and I will be waiting at New Orleans' city hall..
 
P

Paskil

Member
Mr.Mike said:
So this has to go to the SCOTUS or what?
Click to expand...

The only real appeals court I could see ruling against the current tide is the 5th Circuit (Texas, Mississippi, Louisiana). Unless a panel at one of the courts gets stacked with conservative jurists. SCOTUS is going to have to weigh in though. There's really no getting around it at this point.
 
P

Paskil

Member
Dax01 said:
Also Indiana's was struck down.
Click to expand...

Yup, the earlier ruling only applied to recognizing the marriage of a couple that had someone that was expected to die within a short period of the ruling forcing the state to recognize their out of state marriage.
 
P

Paskil

Member
The dissent in this ruling is an interesting read and will probably be the basis of the dissent for the conservative wing of SCOTUS.
 
N

NYCmetsfan

Banned
Paskil said:
The only real appeals court I could see ruling against the current tide is the 5th Circuit (Texas, Mississippi, Louisiana). Unless a panel at one of the courts gets stacked with conservative jurists. SCOTUS is going to have to weigh in though. There's really no getting around it at this point.
Click to expand...
The 5th ruling against would almost guarantee a SCOTUS case.
 
P

Paskil

Member
APKmetsfan said:
The 5th ruling against would almost guarantee a SCOTUS case.
Click to expand...

But at this point, it's almost a certainty that they can no longer punt the issue like they did with Perry. That is almost certainly the case, even with the circuit courts all ruling the same.

Dax01 said:
SCOTUS were releasing their opinions today, too!


Where's the dissent?
Click to expand...

It's the last 10 or so pages before the appendix. Just go to the bottom of the ruling and it immediately precedes the "Appendix" pages. There are 105 pages total, but the dissent pages are numbered separately on the bottom of each page, starting with "1" for the first page.
 
N

NYCmetsfan

Banned
Paskil said:
But at this point, it's almost a certainty that they can no longer punt the issue like they did with Perry. That is almost certainly the case, even with the circuit courts all ruling the same.
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Yeah but divided courts speeds it up, the court could wait for more if they all start ruling the same. If there's division they need to clear up jurisprudence
 
I

ivysaur12

Banned
Paskil said:
The dissent in this ruling is an interesting read and will probably be the basis of the dissent for the conservative wing of SCOTUS.
Click to expand...

We already saw the seeds of this argument in Windsor. Though stating that Baker still has relevance is a rather unorthodox position that I'm surprised he tried to argue -- even if you didn't believe that gay couples should be extended marriage rights under the 14th amendment, it would be hard to argue that the legal landscape hasn't radically shifted since Baker on gay rights.
 
N

NYCmetsfan

Banned
The only surprise I think awaits in SCOTUS is if they have strict scrutiny for gay Americans rather than the 5th amendment argument they had in Windsor
 
Q

QuicheFontaine

Member
Mike M said:
Well, a bunch of them have stays pending appeal.



I jinxed it trying to be preemptive with my explanation.
Click to expand...

Now the thread can be derailed with people asking what your explanation was referring to :)

OT: Good news. I've never understood why you would "ban" gay marriage anyway.
 
I

ivysaur12

Banned
APKmetsfan said:
The only surprise I think awaits in SCOTUS is if they have strict scrutiny for gay Americans rather than the 5th amendment argument they had in Windsor
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Yup. That's really the only question I can think of because strict scrutiny could affect a host of other issues in housing and employment.
 
T

The Librarian

Banned
Paskil said:
It's the last 10 or so pages before the appendix. Just go to the bottom of the ruling and it immediately precedes the "Appendix" pages. There are 105 pages total, but the dissent pages are numbered separately on the bottom of each page, starting with "1" for the first page.
Click to expand...
Dissenting opinion said:
If the States are the laboratories of democracy, requiring every state to recognize
same-gender unions—contrary to the views of its electorate and representatives—turns
the notion of a limited national government on its head.
Click to expand...
Gay marriage, above ALL ELSE, turns the notion of a limited national government on its head. How will we ever survive?
 
C

CDX

Member
You just know Utah is going to appeal this.

Please, go ahead Utah, let's get this into the Supreme Court and finally settled.
 
M

Mr.Mike

Member
boiled goose said:
laboratories of democracy? We are a constitutional republic.
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The "laboratories of democracy" idea is that an individual state can try out an idea and see if it's good. If it's good then other states can follow. I guess the argument there would be that the federal government shouldn't force states to adopt something, since the states are supposed to be free to try their own thing.
 
F

FLEABttn

Banned
If the States are the laboratories of democracy, requiring every state to recognize
same-gender unions—contrary to the views of its electorate and representatives—turns
the notion of a limited national government on its head.
Click to expand...

Full faith and credit? What is that?
 
B

Brakke

Banned
IronRinn said:
Did someone make a thread about a gay marriage ruling?

penny-arm-dance.gif
Click to expand...

Thank Christ I was getting really anxious that I'd scrolled so far without this.

Also lol @ "laboratories of democracy" that's an idea that hasn't been relevant to America in ages.
 
I

ivysaur12

Banned
Wilsongt said:
Whenever there is some positive news about gay marriage, just shine your vagina light into the sky, and I will be there.

I. Am. Penny.
Click to expand...

I'm literally planning the thread for when the SCOUT overturns all gay marriage bans right now.

We need to plan some GIFs.
 
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