Starting today August 7th, 2024, in order to post in the Married Couples, Courting Couples, or Singles forums, you will not be allowed to post if you have your Marital status designated as private. Announcements will be made in the respective forums as well but please note that if yours is currently listed as Private, you will need to submit a ticket in the Support Area to have yours changed.
But there are municipalities that require you to have a license at least for certain kinds of guns. Just because you don't live in one (or you choose to break the law in the one you do live in) doesn't mean they don't exist. And that requirement does not make the 2nd Amendment any less valid.MethodMan said:I own lots of guns and none are licensed.
Again, "right" does not mean "totally unqualified right." But any restrictions on "rights" must be constitutional, and where a fundamental right is concerned, the test is particularly rigorous.MethodMan said:Not a right then.
See my post #59.MethodMan said:And where in the constitution or case law do you find support for this? Sounds like you are trying to define marriage.
What about Tom? He has this supposed right to marry as he pleases, no?
And this is what the Gay agenda is really up to. Forcing their idea of marriage into an established system.
As long as you discount the reidefining of marriage that is.
beechy said:See my post #59.
That's fine. But I still don't understand the basis for your belief that marriage is not considered a fundamental privacy right under the 14th Amendment. Is it just because of the marriage license issue?MethodMan said:Noted. My comments stand
beechy said:Again, "right" does not mean "totally unqualified right." But any restrictions on "rights" must be constitutional, and where a fundamental right is concerned, the test is particularly rigorous.
beechy said:And what's that?
beechy said:Again, "right" does not mean "totally unqualified right." But any restrictions on "rights" must be constitutional, and where a fundamental right is concerned, the test is particularly rigorous.
It is about both discrimination and a right. There is a right at issue, per Loving, Zablocki, etc., and discrimination with respect to it under the equal protection clause (see, e.g., Goodridge v. Dept. of Publ. Health). That marriage is a constitutional right is fairly well established. That laws prohibiting same-sex marriage are unconstitutional violations of the equal protection clause (i.e., improperly discriminatory) is the subject currently under debate in various courts across the country.MethodMan said:It is about discrimination rather than right. The whole agenda is to re-define marriage to make the claim of discrimination. The same kind of upside down thinking that brought about Roe.
This is another topic we've explored in other threads, CC. So I know you're aware that the United States Constitution trumps all state laws, including state constitutions (http://www.endangeredlaws.org/resourceguideglossary.htm: see the "Supremacy Clause" entry). If the U.S. Supreme Court rules that same-sex marriage bans are unconstitutional, this will mean that your state constitution is unconstitutional insofar as it does so.ChristianCenturion said:Oh, so you mean like in my State's constitution.:
Constitution of Michigan
Sec. 25. Marriage
"To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose."
beechy said:It is about both discrimination and a right. There is a right at issue, per Loving, Zablocki, etc., and discrimination with respect to it under the equal protection clause (see, e.g., Goodridge v. Dept. of Publ. Health). That marriage is a constitutional right is fairly well established. That laws prohibiting same-sex marriage are unconstitutional violations of the equal protection clause (i.e., improperly discriminatory) is the subject currently under debate in various courts across the country.
beechy said:If the U.S. Supreme Court rules that same-sex marriage bans are unconstitutional, this will mean that your state constitution is unconstitutional insofar as it does so.
owned.ChristianCenturion said:Yes.
Whether it is a "re-definition" depends on what you think marriage is really about. Just because marriage has traditionally involved a man and a woman doesn't mean this gender distinction is the sine qua non of the institution, or that if that tradition is challenged that it can witthstand constitutional scrutiny. Again, I agree with the Mass court, which defines marriage according to what it represents for society, rather than what must lie between the legs of the parties involved:MethodMan said:But without redefining marriage, there is no discrimination.
Civil marriage is at once a deeply personal commitment to another human being and a highly public celebration of the ideals of mutality, companionship, intimacy, fidelity, and family . . . Because it fulfils yearings for security, safe haven, and connection that express our common humanity, civil marriage is an esteemed institution, and the decision whether and whom to marry is among life's momentous acts of self-definition.
I don't understand the relevance of this statement. First of all, state supreme court decisions don't just magically appear before the USSC. The losing party has to affirmatively apply for a writ to have the matter heard. I don't know if that has happened in this particular case. Also, the USSC gets to pick and choose which case it will actually hear, so even if Goodridge has been submitted, the USSC might wait for another case that frames the issues in a different way, or for more cases so that it has a good sampling of what the various states think.MethodMan said:Otherwise the Mass SC decision would have been before the USSC the day after it was handed down.
beechy said:This is another topic we've explored in other threads, CC. So I know you're aware that the United States Constitution trumps all state laws, including state constitutions (http://www.endangeredlaws.org/resourceguideglossary.htm: see the "Supremacy Clause" entry). If the U.S. Supreme Court rules that same-sex marriage bans are unconstitutional, this will mean that your state constitution is unconstitutional insofar as it does so.
beechy said:This is another topic we've explored in other threads, CC. So I know you're aware that the United States Constitution trumps all state laws, including state constitutions (http://www.endangeredlaws.org/resourceguideglossary.htm: see the "Supremacy Clause" entry). If the U.S. Supreme Court rules that same-sex marriage bans are unconstitutional, this will mean that your state constitution is unconstitutional insofar as it does so.
Word meanings are constantly changing. For example, prior to Brown v. Board of Education, equal could mean separate. Yet this case, along with Bolling v. Sharpe, changed the legal definition of equal.MethodMan said:But without redefining marriage, there is no discrimination.
MethodMan said:Otherwise the Mass SC decision would have been before the USSC the day after it was handed down.
Are you suggesting that the President can and should legally ignore federal common law? Article II, Section 3 of the U.S. Constitution says that the President " . . . shall take Care that the Laws be faithfully executed . . ."Brennin said:Not if the President refuses to enforce such a ruling, which is his prerogative as chief executive. Another alternative would be for Congress to remove the SCOTUS's appellate jurisdiction in all cases involving state marriage laws.
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