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  #41  
Unread 11th May 2010, 01:03 AM
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Originally Posted by Autumnleaf View Post
Judicial activism is when judges make up rulings which are not supported by laws or the Constitution. Some people have a problem with that.
What happens when there is not precedence in law and the Constitution does not cover it at all (no portion can ever be abstracted to cover it), and when a ruling is required (you have to go one way or the other on the issue)?

It probably rest a great deal on if you view the government is to do everything the Constitution tells them to do or if the government is to not do everything the Constitution tells them not to do (these result if vastly different governments), or how much you sit between.
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  #42  
Unread 11th May 2010, 07:10 AM
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Bible Lesbian

The fact that she's clearly a lesbian. This clouds her judgement on many issues. I think she should recuse herself, but she won't.
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  #43  
Unread 11th May 2010, 07:13 AM
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Originally Posted by Greatcloud View Post
The fact that she's clearly a lesbian. This clouds her judgement on many issues. I think she should recuse herself, but she won't.
As I asked someone else, where do you get the information that she is a lesbian? Looking at all the information, I can't see any evidence to support that claim.

Secondly, even if she were lesbian, why does that mean she should recuse herself and how does it cloud her judgment?
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  #44  
Unread 11th May 2010, 10:04 AM
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Originally Posted by Greatcloud View Post
The fact that she's clearly a lesbian. This clouds her judgement on many issues. I think she should recuse herself, but she won't.
What evidence do you have that she is a lesbian? Sure, she might look like one, but that doesn't prove anything.

Also, how would she being a lesbian "cloud her judgement" any more than someone's heterosexuality clouds there's?

Personally, I don't think she is a lesbian and even if she was, who cares?
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  #45  
Unread 11th May 2010, 10:05 AM
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Originally Posted by Maren View Post
Sorry, Prop. 22 was not a constitutional amendment, instead it added Section 308.5 of the Family Code. Since it was not a Constitutional amendment, it did not matter how many people voted for it, it could be struck down. Further, the California Constitution, like the Massachusetts Constitution, provides strong equal protection language. It was not judicial activism despite your disagreement with the decision. It is also worth noting that Prop. 8, which was an amendment to the California Constitution, was upheld by the same Supreme Court.

And it was not "usurping the political process". If 99% of a state's citizens voted in a referendum to pass a law to reintroduce slavery, the law would also be struck down as unconstitutional. Much of the role of the Constitution is to protect the minority from the majority voting their rights away.
Slavery is a state imposed by others. You skin color can likewise be used against you. Homosexuality is a state imposed by self. Big difference there. The base of homosexuality is sexual preference in partner, which is an active choice. The attempt has been to remove this fact and replace it so that homosexual lifestyle can be blanketed with existing civil rights laws and sentiment. That is activism, not law interpretation.
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  #46  
Unread 11th May 2010, 10:50 AM
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Originally Posted by Texan40 View Post
Slavery is a state imposed by others. You skin color can likewise be used against you. Homosexuality is a state imposed by self. Big difference there. The base of homosexuality is sexual preference in partner, which is an active choice. The attempt has been to remove this fact and replace it so that homosexual lifestyle can be blanketed with existing civil rights laws and sentiment. That is activism, not law interpretation.
I invite you to Ethics and Morality so that you can be disabused of your erroneous ideas regarding the origins of human sexuality.
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  #47  
Unread 11th May 2010, 11:21 AM
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Originally Posted by Texan40 View Post
Slavery is a state imposed by others. You skin color can likewise be used against you. Homosexuality is a state imposed by self. Big difference there.
Actually, while you may believe this there is no evidence. Ultimately, legally, it doesn't matter.

Originally Posted by Texan40 View Post
The base of homosexuality is sexual preference in partner, which is an active choice.
Sorry, there is no evidence this is true -- in fact all the evidence points to the fact that sexual preference is not a choice. What debate exists is about the cause of sexual orientation, not whether it is a choice.

Originally Posted by Texan40 View Post
The attempt has been to remove this fact and replace it so that homosexual lifestyle can be blanketed with existing civil rights laws and sentiment. That is activism, not law interpretation.
Nope, sorry. What has been done is sections of law that are aimed solely at homosexuals have been found unconstitutional because of the 13th Amendment which guarantees "equal protection of the laws". And as pointed out some states, such as Iowa, Massachusetts, and California, have even equal rights protections for citizens.

The reason legislatures and city commissions have voted to add homosexuals to civil rights laws is because the history of discrimination homosexuals have faced in terms of housing and employment. But I suppose you are ok with a person who is attracted to someone of the same gender (whether they actually act on that attraction or not) being denied housing or employment just because of that attraction?
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The more you read and observe about this Politics thing, you got to admit that each party is worse than the other. The one that's out always looks the best. -- Will Rogers
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  #48  
Unread 11th May 2010, 11:51 AM
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Originally Posted by Corey
I invite you to Ethics and Morality so that you can be disabused of your erroneous ideas regarding the origins of human sexuality.
Originally Posted by Maren
Sorry, there is no evidence this is true -- in fact all the evidence points to the fact that sexual preference is not a choice. What debate exists is about the cause of sexual orientation, not whether it is a choice.
There are no definitive studies of sexual preference being uncontrolled. Nice try though. They have studies that say sexual preference can be effected by enviornment. If "being gay" was a genetic absolute no such studies would exist. I will agree that the debate is not complete on the subject so in effect neither of our views have been proved conclusively. I stand by my remark that homosexuality is actively (legally speaking) being pushed into the same sphere as race or gender (both of which are not in any way controlled by the self) without definitive proof or absence of choice.

Last edited by Texan40; 11th May 2010 at 11:52 AM. Reason: bad quote ending
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  #49  
Unread 11th May 2010, 11:57 AM
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***If she gets on the supreme court, we will have national healthcare no matter how much we don't want it -which is 70% of the american people. Obama knows there will be many lawsuits against this law that was forced on us. And she will be perfect in promoting his useless ideas that nobody wants. But his buddy(they are good friends) Kagan will say, oh its constitutional; she is obamas marxist puppet. Also, she will promote cap and trade and everything else that will mess this country up.

Solution: if you don't want your country going into the abyss
visit JCN online - (Judicial Crisis Network)-what u can do about this disaster.
This nomination should be fought off until Nov 2010.

More on marxist Kagan:

Supreme Court Nominee Draws Criticism
http://www.citizenlink.org/CLtopstories/A000012622.cfm
http://spectator.org/archives/2010/05/11/obama-nominates-himself

Senate Should Probe Elena Kagan’s Judicial Philosophy for Supreme Court Position
http://www.lc.org/index.cfm?PID=14100&PRID=936
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-Joh 3:16 For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life.
-Abortion - 45 million dead babies and growing
**Proverbs 6:16-17 - states that there are seven things that are an abomination to the Lord; one of them is the shedding of innocent blood.
Science without religion is lame. Religion without science is blind, Albert Einstein.
Rebellion to tyrants is obedience to God,
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Last edited by salida; 11th May 2010 at 12:07 PM.
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  #50  
Unread 11th May 2010, 12:29 PM
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Originally Posted by Texan40 View Post
There are no definitive studies of sexual preference being uncontrolled. Nice try though. They have studies that say sexual preference can be effected by enviornment. If "being gay" was a genetic absolute no such studies would exist. I will agree that the debate is not complete on the subject so in effect neither of our views have been proved conclusively. I stand by my remark that homosexuality is actively (legally speaking) being pushed into the same sphere as race or gender (both of which are not in any way controlled by the self) without definitive proof or absence of choice.
Nicely stated. I submit that the evidence is quite strong that no one exclusively or predominantly attracted homosexually has ever been permanently enabled to change that attraction by either his own or a 'converion therapy "ex-gay' ministry's efforts. Bisexuals, yes; people who were the beneficiaries of direct divine intervention, yes; people who claimed to have been 'cured' for a period, maybe -- they may legitimately have had the equivalent of a remission as opposed to a cure, or they may have deluded themselves, and the evidence is not clear.

Now, as to acting on their desires, that's a different question. But unless you are one of those who refuses to admit that homosexuality as an orientation exists (and there are a few around, but I don't see you as one of them), the above summary reasonably closely reflects the state of the evidence at present.
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