Federal Judge Strikes Down Alabama's Same Sex Marriage Ban

bamacon

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No way! Shocker. As long as they don't redefine what Bacon is like the Canadians did we'll survive. Then again, if they want their rights respected then they shouldn't lambast people that believe differently. Like Christians.
 

Crimson1967

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I think the Supreme Court will strike all the laws down soon. I figured it would happen eventually, but not this soon. There have been a lot of these rulings lately.




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92tide

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No way! Shocker. As long as they don't redefine what Bacon is like the Canadians did we'll survive. Then again, if they want their rights respected then they shouldn't lambast people that believe differently. Like Christians.
i think their lambastion and persecution of christians will only increase as these judgments continue to come down.
 

Bama Reb

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I happened to be reading another thread when I saw this in one of the posts:'
Third, the X Amendment dictates that a Federal judge is not allowed to have any opinion at all on a state law, unless it inevitably violates some other plain provision of the Constitution of the United States, which this clearly does not. Her only appropriate response in a case like this is, "This court has no jurisdiction over this case. Take this to a state court."
So, would someone please tell me what part of the Constitution it violates?
 
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Tidewater

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I happened to be reading another thread when I saw this in one of the posts:'

So, would someone please tell me what part of the Constitution it violates?
If you really want to read it, I would suggest Jonathan Elliott's The Debates in the Several State Conventions of the Adoption of the Federal Constitution, 5 vols. (1827) Get a comfy chair, its about 3,000 pages.
The Founders (by which I mean those men advocating ratification of the Constitution in the State Conventions that adopted the Constitution and breathed life into it) universally, without exception, declared that the Federal government would only be allowed to exercise those powers that were specifically enumerated in the Constitution (mostly in Article I, Section 8).
The idea that the Federal government would be able to employ powers other than those specifically enumerated was anathema to them. One, Virginia Gov. Edmund Randolph, for example, said
Randolph said:
If I did believe, with the honorable gentleman (Patrick Henry), that all power not expressly retained was given up by the people, I would detest this government. But I never thought so, nor do I now. If, in the ratification, we put words to this purpose, "and that all authority not given is retained by the people, and may be resumed when perverted to their oppression; and that no right can be cancelled, abridged, or restrained, by the Congress, or any officer of the United States,"--I say, if we do this, I conceive that, as this style of ratification would manifest the principles on which Virginia adopted it, we should be at liberty to consider as a violation of the Constitution every exercise of a power not expressly delegated therein.
Thus the Federal employment of unenumerated powers was not the intention of the lawgivers, and thus is unconstitutional.
The IX and X Amendments are the codification of this idea into the Constitution, but the idea predates the Constitution and indeed was the condition upon which the powers were delegated from the peoples of the several states to their agent the Federal government.
 
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Jon

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Don't worry everyone the Alabama Republican Party will continue to waste your money fighting this

Alabama House Speaker Mike Hubbard, R-Auburn, blasted the ruling.

"It is outrageous when a single unelected and unaccountable federal judge can overturn the will of millions of Alabamians who stand in firm support of the Sanctity of Marriage Act," he said in a prepared statement. "The Legislature will encourage a vigorous appeals process, and we will continue defending the Christian conservative values that make Alabama a special place to live."
 

TIDE-HSV

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So, time/money spent by individual states to fight against federal incursion into state's rights is a waste?
When it's expensive political theater in a poor state with many needs, Yes! I didn't like it when Wallace was doing it and I don't like it now...
 

Crimson1967

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Don't worry everyone the Alabama Republican Party will continue to waste your money fighting this

Alabama House Speaker Mike Hubbard, R-Auburn, blasted the ruling.
Shouldn't he concern himself with staying out of prison?
 

Tidewater

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Mike Hubbard, ... has been indicted by a grand jury and charged with 23 counts, including using his office for personal gain and soliciting things of value. ... If convicted, Hubbard faces a maximum penalty of two to 20 years in prison and up to $30,000 in fines for each count.
Doing some quick math here...
Mike's facing 46-460 years in prison and up to $690,000 dollars. Bet Mike's pucker factor is high right now.

Of course, such behavior in Washington would be praised as "clever politics."
 

92tide

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popcorn time

link to times-daily story

State Rep. Patricia Todd, D-Birmingham, had a warning for her Statehouse colleagues over the weekend.
“I will not stand by and allow legislators to talk about ‘family values’ when they have affairs, and I know of many who are and have,” Todd, the state’s only openly gay lawmaker, said on Facebook over the weekend. “I will call our elected officials who want to hide in the closet out.”
Todd was responding to comments from her fellow lawmakers after Friday’s decision by a federal judge to overturn the state’s ban on same-sex marriages.
“It is pretty well known that we have people in Montgomery who are or have had affairs …” Todd told the TimesDaily this morning. “I just want them to be careful what they’re saying, some of it might come back to stick on them.”
 

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