UNCONSTITUTIONAL

Heck yeah! Read it for yourself below.

I’m sure I’ll have more to say, but right now, I’m just enjoying the moment. What a way to head into Valentine’s Day!

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15 thoughts on “UNCONSTITUTIONAL

  1. Oh please Warren. Yes that is her job. She is not up there taking polls and money from supporters to decide her cases . She bases it on past laws and the constitutional. If we waited for state governments to pass equality rules. Women would not vote and some state would still have slaves. Equal rights for all not just those who look like you when you look in the mirror.

    Will still take a while to get to supreme court but a positive step.

    1. You DO know that many States allowed women to vote BEFORE the U.S. Constitution was changed, right? The ratification of that amendment required three fourths of the States to ratify, as did the 14th and 15th Amendments. (The Emancipation Proclamation, of course, freed no-one.)

      Homosexuals HAVE equal rights already.

      1. Yes I DO know that is my point some states voted yes and some voted no. Then the constitution was changed to make the other states have to allow it. Virginia never would have they will not even pass a bills saying a man and a women doing the same job should get the same pay.

        Gay people do not have equal rights as long as they are not allowed to get married the same as everybody else. Again you are being selective on what you will allow them to do. But I know in your heart you feel differently and feel strongly that your point is justified so I won’t get in a disagreement with you. It is just sad that people think discrimination against a group is dependable.

  2. As a devout Catholic, I’m 110% opposed to same-sex marriage on religious grounds.

    However, during my high school years I had aspirations of being a lawyer. The grounds SCOTUS struck DOMA down on were an “Uh-oh” moment. Based on the DOMA decision, any legal restrictions on same-sex marriage were unconstitutional. Unless another case watered down or reversed DOMA, all the restrictions on same-sex marriage were going to tumble.

    As with other unravelings of the moral fabric of society, such court decisions raise more legal questions than they answer. Among them:

    1. Can a vendor refuse services to a same-sex couple getting married on religious grounds?

    In Oregon, a bakery owned by Protestant evangelicals refused an order for a lesbian couple’s wedding cake on religious grounds. The now-wedded couple has filed a civil rights complaint against the bakery.

    2. Can clergy be legally compelled to marry a same-sex couple?

    A Pandora’s Box is being opened, with the looming winners being (ahem) the legal profession. Attorneys on both sides of this issue will be billing thousands of hours over the coming years as a slew of cases make their way through the courts. Grab the popcorn and pull up a chair.

  3. Same sex marriage will be legal nationwide and in the eyes of secular law. It is a question of when not if. I think in both cases Henry mentions above the freedom of religion will triumph on the national, and hence, the state level. Hence, some churches, synagogues, and mosques will have same sex marriage, others will not. Businesses that receive no state/federal money will be able to accept or deny their services accordingly. The lawyers of course will ague this for years and more cases will reach the Supreme court. No matter who triumphs the lawyers will profit

  4. 1. Can a vendor refuse services to a same-sex couple getting married on religious grounds?

    That question has already been answered. Can a vendor refuse services to an interracial couple on religious grounds? I believe the answer is no, under the commerce clause. I don’t think that Oregon couple should have sued. But then again, I don’t frequent vendors who don’t want my business.

    2. Can clergy be legally compelled to marry a same-sex couple?

    I think that question has been answered, too. Churches routinely refuse to marry couples who don’t meet their criteria. That’s freedom of religion 101.

  5. I wonder about a vender who refuses to provide service to a gay couple claiming 1st amendment freedom of religion in case law? Are their cases that have been decided by the supreme court or in any of the 11 circuits? If anyone knows please name the case. I think the issue of gay marriage is settled or will be soon. But for a vender with no federal/state/local dollars involved in a specific transaction, would he be able to claim a 1st amendment religious exemption?

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