Your home for discussing politics, the restored gospel of Jesus Christ, and the principles of liberty.
I'm not american, but I believe the paper says whatever rights are not in the hands of the feds are in the hands of the state, and whatever are not there are in the hands of the people themselves -- a point which should be obvious. Whatever the judges said, I believe P8 is not constitutional because it infringes on the religious liberty of the couple whether gay, or singular, or even plural. Marriage is a religious institution first, and even if wharped or different than the model bequeathed to us by the hoity toity British royalty and other Europeans, it is still just a formal agreement for two individuals to enter into a binding sexual relationship. We see the state today usurping so many things the church used to do for the convenience of the people, and if that is what the people want then so be it, but only so long as it does not infringe on the religious liberty of the people.Matthew.B wrote:I'm pretty sure the 10th Amendment reserves all rights not specifically enumerated to the states and the people... "Every" right.
You can argue that it doesn't belong at the state level, but as Prop. 8 did not violate any part of the Bill of Rights or any other article of the Constitution, it is not "unconstitutional". I don't buy into the idea that it violates the Fourteenth Amendment- unless we buy into the progressive view that the law is constantly evolving.
If I'm wrong, please show me where. I read your argument- but it rings hollow. According to the law of the federal government, Prop. 8 was legal. The real issue the judges had was that it hurt the feelings of gay people that their abominable practices aren't wholly accepted by the majority yet- and they twisted their reasoning to justify that feeling.
Our destruction has been laid by our lawyers and judges and politicians... Now we reap the whirlwind.
What is traditional marriage? Would that not be polygamy?davedan wrote:Traditional marriage .... traditional marriage ... Traditional marriage ... traditional family.
uglypitbull wrote:medved wrote:
Also, Animals and BBQs do not = entities that possess the ability to contract. Which is important because marriage = contract.
Unfortunately this is incorrect....they (NATO and UN) are trying to redefine this via treaty (which is a back door way to get laws passed via Article 2 Section 2 of the Constitution). A SC case in regards to a boy abusing his dog was the precedent for this one. It had something to do with the dog having feelings, therefore should be protected under the law. It will allow bestiality and other sickness to become protected under hate crime laws.
We have been warned that this is the goal...read the planks...they have been talking about it for over 100 years.
medved wrote:So, that being said, let's start with the 1oth amendment. It reads, in its entirety, as follows: "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."
"Ok," you may be saying, "nowwhere does it say that the issue of 'marriage' is delegated to the to the United States. Therefore, the States and people have the right to dictate what 'marriage' is about."
medved wrote:On the surface that sounds great. But we haven't yet looked at the 14th amendment. The 14th Amendment is too large to set out in full here, but we will cite to the relevant portion: "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. " "Ok," you may say, "but Prop 8 did not abridge any privilege or immunity of citizens, be they straight, gay or otherwise. It also did not deny any one due process of law or equal protection. I mean, why not let people have 'civil unions' and just straight people can engage in 'marriage'? Then everyone is the same."
medved wrote:On the surface, that sounds great. But we haven't yet looked at the case of Loving v. Virginia. In that case, the Supreme Court held that "Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law."
medved wrote:And despite uglypitbull dismissing my position as "incorrect," I still hold to the position that BBQs and/or animals cannot contract. At least under the current law.
medved wrote:uglypitbull wrote:medved wrote:
Also, Animals and BBQs do not = entities that possess the ability to contract. Which is important because marriage = contract.
Unfortunately this is incorrect....they (NATO and UN) are trying to redefine this via treaty (which is a back door way to get laws passed via Article 2 Section 2 of the Constitution). A SC case in regards to a boy abusing his dog was the precedent for this one. It had something to do with the dog having feelings, therefore should be protected under the law. It will allow bestiality and other sickness to become protected under hate crime laws.
We have been warned that this is the goal...read the planks...they have been talking about it for over 100 years.
uglypitbull--Are you saying that there is a case out there that stands for the proposition that BBQs and/or animals can contract? If so, I'd love to see it. Otherwise, I believe you just fail to grasp the legal meaning behind the SC case (which, BTW, is followed in most states). These cases stand for the proposition that it is illegal to abuse animals. The case (unless you are thinking of another one, and in such circumstances please share the case) involved a dog being chained up and left to die. Now, I am not going to debate the merits of that case, but I simply wanted to point out that you, my friend, are wrong if you are asserting that the SC case somehow establishes that BBQs and/or animals have the right to contract.
On the surface, that sounds great. But we haven't yet looked at the case of Loving v. Virginia. In that case, the Supreme Court held that "Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law."
So, in other words, "marriage," not "civil unions," is a "fundemental right" that, per the Supreme Court, triggers the 14th amendment protections, thus trumping any reliance on the 10th amendment in support of Prop 8.
And despite uglypitbull dismissing my position as "incorrect," I still hold to the position that BBQs and/or animals cannot contract. At least under the current law.
bobhenstra wrote:
Ugly, I'm wondering, how do Shamu's lawyers get him to testify? What's the legal word--uh, dispose? How does a lawyer speak for a whale, how does a lawyer know what a whale is thinking? Shamu might be perfectly happy!

medved wrote:uglypitbull wrote:medved wrote:
Also, Animals and BBQs do not = entities that possess the ability to contract. Which is important because marriage = contract.
Unfortunately this is incorrect....they (NATO and UN) are trying to redefine this via treaty (which is a back door way to get laws passed via Article 2 Section 2 of the Constitution). A SC case in regards to a boy abusing his dog was the precedent for this one. It had something to do with the dog having feelings, therefore should be protected under the law. It will allow bestiality and other sickness to become protected under hate crime laws.
We have been warned that this is the goal...read the planks...they have been talking about it for over 100 years.
uglypitbull--Are you saying that there is a case out there that stands for the proposition that BBQs and/or animals can contract? If so, I'd love to see it. Otherwise, I believe you just fail to grasp the legal meaning behind the SC case (which, BTW, is followed in most states). These cases stand for the proposition that it is illegal to abuse animals. The case (unless you are thinking of another one, and in such circumstances please share the case) involved a dog being chained up and left to die. Now, I am not going to debate the merits of that case, but I simply wanted to point out that you, my friend, are wrong if you are asserting that the SC case somehow establishes that BBQs and/or animals have the right to contract.
Now, on to the 10th Amendment. And, I want to preface this by saying that I don't believe that the following analysis is right or wrong from a moral standpoint, but simply that it's the law. The purpose of this debate is to not argue the moral/ethical merits of prop 8, it is to argue the legality of the same.
So, that being said, let's start with the 1oth amendment. It reads, in its entirety, as follows: "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."
"Ok," you may be saying, "nowwhere does it say that the issue of 'marriage' is delegated to the to the United States. Therefore, the States and people have the right to dictate what 'marriage' is about."
On the surface that sounds great. But we haven't yet looked at the 14th amendment. The 14th Amendment is too large to set out in full here, but we will cite to the relevant portion: "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. " "Ok," you may say, "but Prop 8 did not abridge any privilege or immunity of citizens, be they straight, gay or otherwise. It also did not deny any one due process of law or equal protection. I mean, why not let people have 'civil unions' and just straight people can engage in 'marriage'? Then everyone is the same."
On the surface, that sounds great. But we haven't yet looked at the case of Loving v. Virginia. In that case, the Supreme Court held that "Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law."
So, in other words, "marriage," not "civil unions," is a "fundemental right" that, per the Supreme Court, triggers the 14th amendment protections, thus trumping any reliance on the 10th amendment in support of Prop 8.
Again, I am not commenting on the "rightness" or "wrongness" of Prop 8. I am simply saying that under the current state of the law, it is unconstitutional.
And despite uglypitbull dismissing my position as "incorrect," I still hold to the position that BBQs and/or animals cannot contract. At least under the current law.
BrentL wrote:Its not about law, or the right to contract, or any other philosophies of men...
BrentL wrote:Why seest thou this man, and hearest him revile against this people and against our law?And now it came to pass that the people were more angry with Amulek, and they cried out, saying: This man doth revile against our laws which are just, and our wise lawyers whom we have selected.But the more part of them were desirous that they might destroy Alma and Amulek; for they were angry with Alma, because of the plainness of his words unto Zeezrom; and they also said that Amulek had lied unto them, and had reviled against their law and also against their lawyers and judges.And the people went forth and witnessed against them—testifying that they had reviled against the law, and their lawyers and judges of the land, and also of all the people that were in the land; … ….. Now this was done before the chief judge of the land.
http://www.youtube.com/user/davidkat99# ... plBQGogYEk
I agree, this is my whole point. And marriage is not a right, we get married because we have a right to choose to get married. Big big difference there. So that court that called marriage "a right" is right out of line....gkearney wrote:... I am opposed to the state sanction of any marriage as it is an intrusion of the government into the matter of religion...
Right, it's not. We're not discussing (I think), the rightness of the gay marriage, but the rightness of them being allowed to choose that course.BrentL wrote:Its not about law, or the right to contract, or any other philosophies of men.
I agree, but the role of government is not to enforce the good, but prevent evil. If society thinks bestiality is wrong, and it does, then charge the man with that. Above that, an animal cannot enter into a two way binding contract, so that is a total joke. But two men can, and two women can. And they "can"! We can't stop them because we haven't said, legally, that homosexuality is not acceptable in our society, therefore we cannot say that marriage (approved) + homosexuality (tacitly approved) = unapproved! We can't do that! See, the real problem isn't the cohabitation, it's the homosexuality!Matthew.B wrote:...and the recent marriage in Australia of a man to his dog.
Currently, I think law is based more on the moral sentiments of the people, and less and less upon logical precedent. And the moral sentiments of the people are in the final stages of degradation before wholesale rebellion against true principles and doctrine.

Matthew.B wrote:recent marriage in Australia of a man to his dog.
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