Judge Says Calif. Can't Ban Gay Marriage

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richardols,

The Republican party claims to be the party of the family…it cannot be so while supporting the murder of the unborn, and by supporting the attacks on marriage by same-sex couples.
 
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Werner:
I wise man once said “pure democracy is 2 wolves and a sheep deciding on what to have for dinner”. Who was it? i cannot remember, but you should know it as it was one of your founding fathers.

That is why there is a constitution and why there are judges to interpret the constitution, to protect the said sheep.

So what the people of California voted for (or against) is meaningless when it violates the constitution, and judges will decide if a gay marriage ban violates it or not.

You getting angry when judges do their very job only shows you didn’t understand what a contitutional republic is about.

But being a member of a minority yourself you shouldn’t cry out too loud to have “the people”'s will being law in every case, because the day that happens you won’t have much to be happy about as a Catholic in the protestant US.

Werner
The judicial branch is overstepping it’s bounds. The consitution provides for remedies to this problem. The legislative and executive branches have not acted on these remedies. Getting rightfully angry at judges making law, rather than interpreting, and not being held accountable, is a reasonable response.
 
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Brad:
The judicial branch is overstepping it’s bounds. The consitution provides for remedies to this problem. The legislative and executive branches have not acted on these remedies. Getting rightfully angry at judges making law, rather than interpreting, and not being held accountable, is a reasonable response.
Not only that but what legitimacy is there to constructing a “right” out of thin air?
 
Lisa N:
You continue to contradict yourself. If marriage is a natural right by virtue of using this institution to ‘found a family’ then once more HOW does this translate into being able to use marriage to describe a relationship that is by definition UNABLE to create a family?
How am I contradictory? I gave you a stock definition of why marriage is a basic human right. You don’t like that definition of marriage as the means to produce the most natural and basic unit of human society? Let’s hear your definition.
Further in EVERY society, regardless of the structure of marriage, whether single, plural, religious or secular, it has ALWAYS been male/female.
Yes.
 
It seems to be common in California for judges to overrule what the voters wanted.
Not just California. It’s everywhere. And it needs to be stopped.
How about Loving vs Virginia or Brown vs Board of Ed.? The courts overruled what the voters accepted as the legislated law in their states.

Or how about the court overruling all those legally passed racial segregation laws in the South? None of the courts’ business?

As for me, I’ll take judicial review over no review by the legislature.
 
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Richardols:
I doubt that it just comes down to what “they think.” Judges are interpreters - conservative judges interpret constitutions one way, liberals another. Our reactions depend on whose ox is gored.

I disagree with that judge’s ruling, but I also have no doubt that he made it on the basis of study of the issue.
Nope. Liberal judges go looking for what another judge said to justify their opinion, even if it means searching other countries far and wide. Justice Kennedy said so. He said he looked to Somalia (of all places) for one of his decisions. Liberal judges do not care about the constitution because it is antiquated. So they read into it (give it lip service) so that our country can be “saved” by getting into modernity with the rest of Europe. The judge in this case had a pre-conceived notion that homosexuals are an undermined group that is discriminated against and made his decision based on that notion. He has no constitutional basis for this decision to stomp out a law.

The Supreme Court of Florida ruled down Terri’s law, not because the law itself was unconstitutional - they didn’t care about that - they ruled it down because the law was put in place by the will of the people who wanted to see the law changed as a result of prior judicial decisions. The SC thought this was violating the separation of powers and undermining the judicial branch. In other words, they want to make what they say goes no matter what. There was nothing wrong with what the legislature did in Flordia. They made a new law in response to the people. The judge said you can’t make a law if it goes against our opinion. That’s not interpretation. That’s tyranny.
 
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Richardols:
I agree that marriage never had to be defined before, but it’s always been a natural human right, not a privilege.
We also have a natural human right to eat. We do not have a natural human right to steal someone else’s food and eat it and say “what’s the matter? I have a natural right to eat.”
 
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Brad:
Nope. Liberal judges go looking… That’s tyranny.
What can I say? I disagree with what you say, but I respect your opinion.

I find that law and its interpretations are not so cut-and-dry as some laymen (conservative or liberal) think it is.
 
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Richardols:
Herein lies the debate, would you not agree? Between those who believe that marriage is defined to be wholly heterosexual and those who would extend the definition to include homosexuals.
Yes. That is the debate. The judge here and in Minnesota, and undoubtedly elsewhere are not only making their own laws, they are changing the definition of institutions and words that have been historically stagnant. They have no right to do this.
 
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Richardols:
There is great deal that is not mentioned in the Constitution, but which courts, both conservative and liberal, have chosen to rule on.
It is an improper application of constitutional review. This is why such review needs to be limited by congress, in particularly in the case of re-defining long-stanidng institutions.
 
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Brad:
We also have a natural human right to eat. We do not have a natural human right to steal someone else’s food and eat it and say “what’s the matter? I have a natural right to eat.”
Not quite. Eating is not a natural right, but a natural instinct. A right is a power or privilege to which one is justly entitled.
 
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Richardols:
How about Loving vs Virginia or Brown vs Board of Ed.? The courts overruled what the voters accepted as the legislated law in their states.

Or how about the court overruling all those legally passed racial segregation laws in the South? None of the courts’ business?

As for me, I’ll take judicial review over no review by the legislature.
Judicial review is fine when it has a constitutional basis but not when the constitutional basis is invented. Also, judicial authority has to be recognized as coming from God. This misunderstanding of the source of judicial authority leads the justices to themselves play god and invent reasons outside of orginal intent and/or the will of the people.
 
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Brad:
It is an improper application of constitutional review. This is why such review needs to be limited by congress, in particularly in the case of re-defining long-stanidng institutions.
To what would you limit review? No law should be above scrutiny for constitutionality, and both conservative and liberal courts agree with that.
 
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Richardols:
What can I say? I disagree with what you say, but I respect your opinion.

I find that law and its interpretations are not so cut-and-dry as some laymen (conservative or liberal) think it is.
I agree. It is not always cut and dry. But God’s law is. That is why he gave it to us. It makes things a whole lot easier.
 
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Richardols:
What can I say? I disagree with what you say, but I respect your opinion.

I find that law and its interpretations are not so cut-and-dry as some laymen (conservative or liberal) think it is.
I agree. It is not always cut and dry. But God’s law is. That is why he gave it to us. It makes things a whole lot easier.
 
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Richardols:
How about Loving vs Virginia or Brown vs Board of Ed.? The courts overruled what the voters accepted as the legislated law in their states.

Or how about the court overruling all those legally passed racial segregation laws in the South? None of the courts’ business?

As for me, I’ll take judicial review over no review by the legislature.
There are some things that, by virtue of their destructiveness, warrant judicial review. In Loving v. Virginia, there is no reason based on biology, reason or natural law that would prevent a man and woman of different races from fulfilling the vows of marriage.

Likewise, in Brown v. the Board of Education, segregation, like slavery and abortion, taints us all and degrades us as a society.

Homosexual “marriage” is simply a foolish attempt to force society to accept a sexual perversion by classifying it as normal. Homosexual persons are not capable of founding a family because there aren’t the required elements with which to do so, i.e., a mother and a father. A mother cannot replace a father and vice versa. The familial unit consists of each of the sexes so that the offspring created by that union have a balanced view of human behavior and interaction.

Changing the most basic unit of society in order to satisfy one’s lustful desires is selfish, self-centered and immature. If a person is gay, then so be it but don’t try to convince me that its normal and natural. A brief review of Biology 101 tells us that it just isn’t so.
 
Alright…gay marriage is totally different than wanting to marry a child. Gay people are consenting adults who are legally mature enough to enter a marriage. Its totally different than an adult preying on a young child. As for marrying your stapler or dog…lets get real. No one wants to do that…its totally different than marrying a person you care about…and even if you did…who cares? Is someones marriage to a stapler going to affect anything in any way shape or form other than making some wacko happy? Polygamy is different because if a man has multiple wives or vice versa he is not in a committed relationship like gay people are…and its totally different legally because are companies ever gonna provide healthcare to 12 spouses? No…it makes things waaay more complicated than gay marriage. And its clear that a man cant be totally in love with several women so its not even a real union or committment its a weird living situation which invites jealousy. Now incest I can see your point…if gay people can get married, why cant 2 consenting and committed adults who are related get married? My only valid argument is that a good many of the children they produce will have mild to serious birth defects, which is just bringing more problems into the world and creating a closed gene pool. It causes still births and miscarriages and all sorts of things. With gay people , their kids have no greater risk of being gay, and dont seem to show any serious setbacks from being raised by gay parents as far as Ive heard. Therefore,I think gay marriage is completely different from the aforementioned.
 
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