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‘No Grounding in the Constitution’

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‘No Grounding in the Constitution’

Postby imnotthename » Thu Jun 27, 2013 10:05 am

Audio File: https://www.box.com/s/6ldbg0iq3gph0csu0xqg


http://dateline.radioamerica.org/

‘No Grounding in the Constitution’
Posted in June 26th, 2013
by GregC in Podcasts

The Supreme Court had no reason to rule on the merits of the Defense of Marriage Act but the majority opinion lays the groundwork for a sweeping, national legalization of gay marriage in the near future, according to Liberty Counsel Chairman Mathew Staver.

On Wednesday, the Supreme Court handed gay marriage advocates a pair of victories. In addition to dismissing a defense of California’s traditional marriage amendment based on legal standing, it struck down a provision of the Defense of Marriage Act (DOMA) as unconstitutional that allowed federal benefits only for spouses in heterosexual marriages. That’s because the 1996 federal law recognized a marriage as only the union of one man and one woman. The court preserved the DOMA provision that allows states to refuse recognizing gay marriages performed in other states.

“Under DOMA, same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways,” wrote Justice Anthony Kennedy in the majority opinion. ”DOMA’s principal effect is to identify a subset of state-sanctioned marriages and make them unequal.”

Kennedy was joined on the opinion by the court’s four liberal justices.

Staver blasts the majority for ruling on the merits at all, saying the case never should have come this far since the Obama administration refused to defend DOMA. The government, the plaintiff and the lower courts all agreed on the earlier verdict so Staver says this matter never should have reached the Supreme Court.

“The parties all agree that the ruling below is correct. Therefore, it should never have gone to the court of appeals and certainly the U.S. Supreme Court has no jurisdiction. This is just an advisory opinion,” said Staver. ”This is unprecedented that the court took this step to actually even decide the merits of the case.

“And then when it decided the merits of the case, it used words such as ‘bigotry’, ‘hostility’ and ‘demeaning’, referring to the equal protection clause but it never did an equal protection analysis,” he said. ”Every equal protection clause analysis has to at least determine several things. One is the so-called right that you’re after, one that is rooted in history and part of our idea of ordered liberty. Here they’re asking for the right to same-sex marriage. Has that been rooted in our history? Is it part of ordered liberty? The answer to that is obviously no. The reason they didn’t address that question is because they would have to have come to an opposite conclusion. They skipped it. It’s unbelievable.

“This is just five people that have written a piece of opinion and issued it under the guise of the U.S. Supreme Court, but it has no grounding in the constitutional text or in the history of its previous precedent,” said Staver.

Some defenders of traditional marriage say today’s decisions weren’t a total loss because the court refrained from issuing a nationwide pronouncement in favor of gay marriage. Staver is not among them. He sees today’s DOMA ruling as the precursor such a ruling in a future case.

“In the short term, it’s not the blanket same-sex marriage across the country. That’s something that we actually could have had from this case today. On the other hand, this is the 1972 contraception for individual cases that ultimately laid the foundation for the 1973 Roe v. Wade case. This is the groundwork for same-sex marriage that the court laid today. There’s no question about it,” said Staver. ”The way that they wrote this decision, while it doesn’t put same-sex marriage across the country, they are telegraphing that’s what they want to do. And they will open up the floodgates of litigation and they are begging for another case to come to the high court.

“This decision crosses the line and the people have to respond or they’re going to be under a ruling oligarchy of five individuals that have untethered themselves. They’ve cut the line between themselves and the Constitution,” said Staver.

Staver was a strong supporter of Proposition 8 in California, but believes the unusual collaboration of justices in the majority were correct in dismissing the appeal based on standing since California officials refused to defend their own law.

Justices Roberts, Scalia, Ginsburg, Breyer and Kagan rejected the standing of the traditional marriage supporter defending the constitutional amendment. Justices Thomas, Alito, Sotomayor and Kennedy dissented.
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Re: ‘No Grounding in the Constitution’

Postby PHOSPHENE » Thu Jun 27, 2013 12:37 pm

allowed federal benefits only for spouses in heterosexual marriages.


The whole gay marriage thing is about tax breaks and government hand outs. Less theft is the only reason anybody(gay or straight) seeks government approval of their marriage.
"This Constitution is said to have beautiful features; but when I come to examine these features, Sir, they appear to me horribly frightful" - Patrick Henry (June 7, 1788)
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Re: ‘No Grounding in the Constitution’

Postby lostandfound » Thu Jun 27, 2013 9:33 pm

Same sex marriage is totally gay.
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Re: ‘No Grounding in the Constitution’

Postby lostandfound » Tue Aug 20, 2013 3:56 pm

"None are more hopelessly enslaved than those who falsely believe they are free. The truth has been kept from the depth of their minds by masters who rule them with lies. They feed them on falsehoods till wrongs look like right in their eyes." ~ Johann Wolfgang von Goethe

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Re: ‘No Grounding in the Constitution’

Postby Shoonra » Tue Aug 20, 2013 7:58 pm

One of the serious legal considerations in the Supreme Court's decision on the Defense of Marriage Act was that it undermined the Full Faith and Credit provision of the US Constitution by refusing, and allowing states to refuse, to recognize marriages that were legal in the states where the wedding was performed.
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Re: ‘No Grounding in the Constitution’

Postby palani » Tue Aug 20, 2013 9:01 pm

Shoonra wrote:it undermined the Full Faith and Credit provision of the US Constitution by refusing, and allowing states to refuse, to recognize marriages that were legal in the states where the wedding was performed.

Lawful acts deserve full faith and credit. Legal acts rate no such accommodation.
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Re: ‘No Grounding in the Constitution’

Postby BOBT12 » Tue Aug 20, 2013 9:54 pm

Shoonra wrote:One of the serious legal considerations in the Supreme Court's decision on the Defense of Marriage Act was that it undermined the Full Faith and Credit provision of the US Constitution by refusing, and allowing states to refuse, to recognize marriages that were legal in the states where the wedding was performed.
This is an improper ruling, it is very poorly reasoned, as you point out. Thus, it has little precedent value. The court cannot change the Constitution at its own discretion.

“The parties all agree that the ruling below is correct. Therefore, it should never have gone to the court of appeals and certainly the U.S. Supreme Court has no jurisdiction. This is just an advisory opinion,” said Staver. ”This is unprecedented that the court took this step to actually even decide the merits of the case.

[...]

”Every equal protection clause analysis has to at least determine several things. One is the so-called right that you’re after, one that is rooted in history and part of our idea of ordered liberty. Here they’re asking for the right to same-sex marriage. Has that been rooted in our history? Is it part of ordered liberty? The answer to that is obviously no. The reason they didn’t address that question is because they would have to have come to an opposite conclusion.
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Re: ‘No Grounding in the Constitution’

Postby indio007 » Wed Aug 21, 2013 9:49 am

IMHO opinion this is all silliness. Marriage should be kept in the realm of religious faith. It's a little too financially lucrative for the State to get it of it at this point.
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Re: ‘No Grounding in the Constitution’

Postby lostandfound » Tue Mar 11, 2014 5:21 pm

IMHO, same-sex divorce should be illegal. :!:
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Re: ‘No Grounding in the Constitution’

Postby Pumpkin » Tue Mar 11, 2014 9:06 pm

indio007 wrote:IMHO opinion this is all silliness. Marriage should be kept in the realm of religious faith. It's a little too financially lucrative for the State to get it of it at this point.


Ding, ding, ding, ding! Exactly. The state only wants to know so they can violate the equal protection under the law doctrine, which is bullshit. If two people can find a church and a preacher that will marry them, then good fucking luck with it, it is between them, the preacher and God, and sure as hell is not any business of the state. That being said, I am opposed to gay marriage. I guess I sound confused, don't I?
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