The Supreme Court, Gay Marriage, and Anthony Kennedy

Discussion in 'Blazers OT Forum' started by Stevenson, Jan 16, 2015.

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  1. julius

    julius Living on the air in Cincinnati... Staff Member Global Moderator

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    I find it funny that Santorum complained about the decision, (5-4, unelected judges, etc)...yet if they had overturned Obamacare he would've accepted it without question.
     
    julius, Jun 26, 2015
    #21
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  2. kingslayer

    kingslayer Well-Known Member

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    Judicial tyranny from unelected judges!!1!!!!*

    *Except in cases in which I'm in agreement with.
     
    kingslayer, Jun 26, 2015
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  3. kingslayer

    kingslayer Well-Known Member

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    Roberts' dissent points out that it should be left to the democratic process to decide such matters but isn't one of the duties of the Judicial branch to ensure that the constitutional rights of minorities are not oppressed by the majority?
     
    kingslayer, Jun 26, 2015
    #23
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  4. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Yeah, but I think the states were moving toward that without the court.
     
    Denny Crane, Jun 26, 2015
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  5. Stevenson

    Stevenson Old School

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    Yeah but we live in one country, not a confederation. National issues deserve national attention and national resolution. States rights is so overblown,
     
    Stevenson, Jun 26, 2015
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  6. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    I don't think it's about states' rights.

    It's about 5 or 9 lawyers deciding for the country vs. democratic (small "d") means of deciding things.

    If Roberts thought the way you do, ObamaCare would have been ruled unconstitutional the first time it went to SCOTUS.

    "Elections have consequences." -- Roberts
     
    Denny Crane, Jun 26, 2015
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  7. crandc

    crandc Well-Known Member

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    Roberts is a corporate tool. He consistently rules against workers and consumers in favor of corporations. The ACA ruling was pro-corporate. The insurance industry is solidly behind it, among others. I thought that might make him vote in favor of marriage equality. Many companies have said that recruiting employees can be harder when the employee could be married in one state and not-married in another. Companies often feel married employees are more stable. Numerous large corporations filed amicus briefs in favor of marriage equality, while the anti equality side was simply religious prejudice against gays and lesbians. I thought Roberts might make it 6-3 on the basis that corporate America favors marriage equality.

    But bigotry was stronger.
     
    crandc, Jun 26, 2015
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  8. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Bigotry had nothing to do with Roberts' thought process.

    He didn't at all write anything like "same sex marriage should be outlawed altogether." Quite the opposite, he suggests everyone cheer the result. Just that he felt the result should have been arrived at democratically instead of by decision of 9 lawyers.
     
    Denny Crane, Jun 26, 2015
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  9. kingslayer

    kingslayer Well-Known Member

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    Love this from Kennedy's opinion:

    Suck it, Roberts.
     
    kingslayer, Jun 26, 2015
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  10. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    My opinion.
     
    Denny Crane, Jun 26, 2015
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  11. Stevenson

    Stevenson Old School

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    This idea that its simply "5 of 9" lawyers deciding is so un-American Denny. They are the third branch of government. They are there to check and balance legislatures. We can vote all we want to, say, kill all purple people, but the Constitution says that's illegal, no matter what a democratic vote might be. Not all laws pass legal muster. Denying gays the right to marry violated the 14th amendment. Thank G-d for those 5 lawyers, that 3rd branch. Yeah America!
     
    Stevenson, Jun 26, 2015
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  12. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    And you are/were right about all that, except about Alito.

    barfo
     
    barfo, Jun 26, 2015
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  13. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    39 states already had same sex marriage via democratic means. SCOTUS didn't have to get involved.

    The end result was good, most of us will agree.

    Never in the history of the nation has a law been made requiring everyone to buy a product of a select industry. It was no tax, it was trampling on liberty.

    Roberts didn't want the court to intervene on that cause, either.

    You can't have it both ways.
     
    Denny Crane, Jun 26, 2015
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  14. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    Sure, they could have refused to hear the case. In fact, they could refuse to hear every case. Not sure that would be a great idea.

    If only 11 states already had same sex marriage, and 39 didn't, would you then be in favor of SCOTUS deciding the case?

    barfo
     
    barfo, Jun 26, 2015
    #34
  15. oldmangrouch

    oldmangrouch persona non grata

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    And if the next Republican president wants to disallow what those 39 states have done? Would you accept the court getting involved then?
     
    oldmangrouch, Jun 26, 2015
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  16. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    They didn't decide the case when there was 11, or 38.
     
    Denny Crane, Jun 26, 2015
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  17. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Yes.

    Court is there to resolve disputes between the others two branches, and between states, and between states and the Feds.
     
    Denny Crane, Jun 26, 2015
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  18. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    Right, but you are avoiding the question. Under what circumstances do you think it's ok for SCOTUS to decide this case? You seem to be saying it's not ok because the tide is already in favor of same sex marriage. I'm not sure where the constitution says the supreme court can't rule on cases where the tide of public opinion is going a certain direction?
     
    barfo, Jun 26, 2015
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  19. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    I think it violated the 14th, more and more as more states made it legal.

    Roberts has been consistent in his rulings. Let the representatives of the people vote on it. In his own words, "elections have consequences."
     
    Denny Crane, Jun 26, 2015
    #39
  20. SlyPokerDog

    SlyPokerDog Woof! Staff Member Administrator

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    SlyPokerDog, Jun 26, 2015
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