Federal judge overturns Utah's ban on gay marriage

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:doh2: If you had no clue as to what you were arguing, you could have just said so.
I know exactly what I’m arguing. You said that Loving is the only case that we quote regarding marriage, I said that you were incorrect, and proceeded to list the other cases that relate to marriage that were in Judge Shelby’s opinion. What I don’t get is what you’re arguing.
 
And you know this how? If that ain’t grasping for straws, I dunno what is. It reminds me of an earlier poster here in this thread who told a Psychiatrist who works with a lot of gay people and backed up his claims here that all his degree meant was that he did well in school. I have to wonder if that person who posted that feels the same way about heart surgeons… :rolleyes:

Any port in a storm, right? 🤷 Facts are stubborn things. - John Adams
 
I know exactly what I’m arguing. You said that Loving is the only case that we quote regarding marriage, I said that you were incorrect, and proceeded to list the other cases that relate to marriage that were in Judge Shelby’s opinion. What I don’t get is what you’re arguing.
Well said, SeannyM. “A man/woman convinced against his/her will, is of the same opinion still.”
 
I am judging the list by the contents of the list. 😃 Few of the cases on the list back up the claim previously made that the opinion referenced most of the previous marriage cases. It was nothing more than a list of cases lifted from the opinion, without understanding why they were there or what they were referencing. Just because a case is sited in a marriage opinion does not make it a marriage case or relevant to the discussion. 🤷
I’m going to give some examples of how the cases relate to marriage. I do not have time to do this for all of them, but I’ll give you a few. The rest will have to be up to you to research if you are interested. What I want you to do is tell me how they don’t relate to marriage.

-In Maynard v. Hill, the Court characterized marriage as “the most important relation in life” and as “the foundation of the family and society, without which there would be neither civilization nor progress.”

-In Meyer v. Nebraska, the Court recognized that the right “to marry, establish a home and bring up children” is a central part of the liberty protected by the Due Process Clause.

-in Skinner v. Oklahoma ex rel. Williamson, the Court ruled that marriage is “one of the basic civil rights of man.”

-in M.L.B. v. S.L.J., the Court described marriage as anassociational right: “Choices about marriage, family life, and the upbringing of children are among associational rights this Court has ranked ‘of basic importance in our society,’ rights sheltered by the Fourteenth Amendment against the State’s unwarranted usurpation, disregard, or disrespect.”

-From Cleveland Bd of Education v LaFleur: “This Court has long recognized that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment.”

So, Now I’m done, because I have extreme lefty liberal things to do… like watching re-runs of West Wing! I’m interested to know how these cases don’t pertain to marriage.
 
Only if this Judge is correct, which remains to be seen. Other courts have said otherwise. 🤷

And there are many cases that deal with who may marry whom.
SCOTUS cited Loving in the Windsor decision, so yes, it applies. Also, pretty much all of the other cases were cited too.
Uh no they weren’t.
Well, they cited the following cases that pertain to marriage:
  1. Loving v Virginia
  2. Windsor v US
  3. Perry v Brown
  4. Sosna v Iowa
  5. Romer v Evans
  6. Mass. v Us Dept of Health and Human Services
  7. Svecik v Sandoval
  8. Maynard v Hill
  9. Meyer v Nebraska
  10. Skinner v Oklahoma
  11. Griswold v Conn.
    12 M.L.B v S.L.J.
    13 Cleveland Board of Educ. v LaFleur
    14 Carey v Population Services Int’l
    15 Hodgeson v Minn.
    16 Planned Parenthood of souther PA v Casey
    17 Zablocki v Redhail
    18 Turner v Safley
I don’t actually know of any that they missed that could even come close to being applicable… either way, this is a very minimum MOST of the cases relating to marriage.
I know exactly what I’m arguing. You said that Loving is the only case that we quote regarding marriage, I said that you were incorrect, and proceeded to list the other cases that relate to marriage that were in Judge Shelby’s opinion. What I don’t get is what you’re arguing.
Please point out where I made that claim. I said that there were OTHER marriage cases. You said that most were cited. Most were not cited.
 
Please point out where I made that claim. I said that there were OTHER marriage cases. You said that most were cited. Most were not cited.
Not playing this game any more… you tell me which cases he missed… that might be a little easier. Maybe there are some that I’m not aware of… who knows?

EDIT: I’m not going to fall into a game of personal attacks or he said she said with you. If you have anything of substance to add, I’ll respond, but I’m not going to sink to arguments over how many cases pertaining to whatever because it doesn’t add to the debate, and it doesn’t change anything. Actually, you know what, you’re right, I’m wrong. Sorry.
 
And you know this how? If that ain’t grasping for straws, I dunno what is. It reminds me of an earlier poster here in this thread who told a Psychiatrist who works with a lot of gay people and backed up his claims here that all his degree meant was that he did well in school. I have to wonder if that person who posted that feels the same way about heart surgeons… :rolleyes:

Any port in a storm, right? 🤷 Facts are stubborn things. - John Adams
You mean like you telling me that I don’t know my profession? That’s funny.
 
Not playing this game any more… you tell me which cases he missed… that might be a little easier. Maybe there are some that I’m not aware of… who knows?

EDIT: I’m not going to fall into a game of personal attacks or he said she said with you. If you have anything of substance to add, I’ll respond, but I’m not going to sink to arguments over how many cases pertaining to whatever because it doesn’t add to the debate, and it doesn’t change anything. Actually, you know what, you’re right, I’m wrong. Sorry.
🤷
 
I am still curious how those cases don’t pertain to marriage though. They all establish marriage as a civil right and apply 14th amendment protections to it. As a paralegal, do you think that I’m incorrect?
 
The point is to refute the incorrect argument that is sometimes made:

“Marriage has always been one man and one woman.”

That statement is incorrect, and references to polygamy, Biblical and otherwise, are used to show that the “always” is incorrect. The error is often made by Christians, who regard the Bible as authoritative, so using the Bible for examples means that we are citing an authority they cannot dispute.

In short, the historical and modern examples of polygamy show that marriage takes different forms, not one single form.

rossum
If marriage between one and one woman is the original plan of marriage by God, then marriage between one man and one woman was God’s ideal for marriage before polygamous marriage existed. Problems arose from polygamous marriage described in the Bible and today there are societial problems that have been recognised in cultures that permit polygamy.
 
I’m ok with marriage equality in the civil law. Just don’t pressure such ceremonies to be carried out in a Catholic Church…
 
I am still curious how those cases don’t pertain to marriage though. They all establish marriage as a civil right and apply 14th amendment protections to it. As a paralegal, do you think that I’m incorrect?
But how ironic they would speak against your cause. In these cases there references throughout indicating the REASON marriage s so essential is that marriages result in children and perpetuating society through subsequent generations.

Marriage is NOT important to society because it provides structure for sexual pleasure or government benefits. Do you not understand that your relationship no matter how close will NEVER benefit society by bearing and raising children?

Do you think society is greatly benefitted because you can get more government bennies? Gay relationships are never going to be equivalent but you demand that we ignore biology history tradition theology sociology and pretend.?

Lisa
 
If marriage between one and one woman is the original plan of marriage by God, then marriage between one man and one woman was God’s ideal for marriage before polygamous marriage existed. Problems arose from polygamous marriage described in the Bible and today there are societial problems that have been recognised in cultures that permit polygamy.
“If…”

I am not Christian. Why should you impose your religious ideas about marriage onto others who do not follow your religion? The law we are discussing in Utah is not a religious law, but a civil law. Civil laws in Utah are subject to the Constitution of the state of Utah and to the Constitution of the USA. Both are civil legal documents. Neither are religious documents.

rossum
 
I’m ok with marriage equality in the civil law. Just don’t pressure such ceremonies to be carried out in a Catholic Church…
I agree 111%.

Awhile back, a friend of mine suggested an interesting possible solution: Whether straight or gay, the County Gov’t would issue Civil Union licenses for all citizens who desire to be legally united. (These would include all rights available to those married legally today). Then, a marriage in a Church is up to the individual. If a couple ware married in the eyes of the church, they of course would receive a certificate of civil union from their given county or state.

I find it intriguing. What do you guys think?
 
“If…”

I am not Christian. Why should you impose your religious ideas about marriage onto others who do not follow your religion? The law we are discussing in Utah is not a religious law, but a civil law. Civil laws in Utah are subject to the Constitution of the state of Utah and to the Constitution of the USA. Both are civil legal documents. Neither are religious documents.

rossum
Well said.
 
You mean like you telling me that I don’t know my profession? That’s funny.
As far as I can tell, you seem to be awfully selective as to what cases you like (and therefore claim to be applicable, especially when presented with the decision we’re discussing.)
 
If marriage between one and one woman is the original plan of marriage by God, then marriage between one man and one woman was God’s ideal for marriage before polygamous marriage existed. Problems arose from polygamous marriage described in the Bible and today there are societial problems that have been recognised in cultures that permit polygamy.
One would think that our Lord would have made it quite clear to people in other cultures much earlier on in time, then.
 
I agree 111%.

Awhile back, a friend of mine suggested an interesting possible solution: Whether straight or gay, the County Gov’t would issue Civil Union licenses for all citizens who desire to be legally united. (These would include all rights available to those married legally today). Then, a marriage in a Church is up to the individual. If a couple ware married in the eyes of the church, they of course would receive a certificate of civil union from their given county or state.

I find it intriguing. What do you guys think?
Those who believe that government has an interest in promoting or preserving the institution of marriage for its benefits to society - e.g. the best arrangement for raising children, etc. might disagree.

Ishii
 
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