Scott C.
Just one guy
We need a federal law that trumps all state laws. A federal law decided by the legislature, not by the supreme court.
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High stakes as Supreme Court considers same-sex marriage case
- Thread starter leibowde84
- Start date
We need a federal law that trumps all state laws. A federal law decided by the legislature, not by the supreme court.
Marisa
Well-Known Member
Like what?
Remember that the issue of inter-racial marriage was decided for the nation by the supreme court, not the legislature. And just a few decades latter this is no longer an issue.
leibowde84
Veteran Member
why don't you think that the Supreme Court is the best place to decide this? their purpose is to enforce the Constitution to protect minorities. the problem with homosexuals in this respect is that they are a minority. currently they aren't a protected class, but protected classes have been added many times in the past. this seems to be one of those times. what is your problem with this process?
Monk Of Reason
༼ つ ◕_◕ ༽つ
While I agree with you that this would be the idea option (as the law wouldn't be up for further ruling reformation as a Supreme court ruling can be overturned by a later supreme court) the problem is that we have a political party that is incredibly efficent at taking far more seats than they proportionally should be able to obtain and have become masters at blocking and killing bills even if they are in the minority. So until we get a super majority to overpower this political party (who only keep this insane position to pacify a minority group in their own voting pool) this is the only realistic option. By Christmas we could be having marriage equality. If we took it by law it may be another 10 years.
Scott C.
Just one guy
I don't have a problem with the process, but I don't believe that laws for or against gay marriage violate the constitution. If the courts were to decide that either violates the constitution, that would force state compliance. But, it's not the courts job to decide what should or should not be the law, unless the law is unconstitutional.
leibowde84
Veteran Member
But, part of the process is that new "rights" are developed via case law. In this case, the SCOTUS is the highest court in the land. If they recognize a right and enforce it via case law, in essence, a new law is formed organically. In other words, because of existing rights, the right for adult citizens to marry the consenting adult of their choice would be seen, from that day forward, to be protected by the US Constitution.
Imho, homosexuals are a minority that are being discriminated based on something, for all we know, they have no choice over. Because of this, I find it completely unreasonable to wait for any state to vote to protect them. There is no real incentive for any Republican Congressman to vote it in, and homosexuals have been waiting long enough. This, imho, is the perfect time for the SCOTUS to step in and expand the meaning of LEGAL marriage for 2 basic reasons: 1. no legitimate argument has been presented showing any real or actualized harm caused by same-sex marriage; 2. neither state nor the federal government should be able to discriminate against a group unless my first point is satisfied completely.
Marisa
Well-Known Member
Marriage was established as a basic right in Loving v. Virginia. It is right and proper that SCOTUS should rule on whether individual
States can deny this basic right and under what circumstances.
McBell
Unbound
The reason the Supreme Court is deciding on same sex marriage is because there are conflicting laws between states that require the Supreme Court's intervention.
Some states not only ban same sex marriage, they have taken it a step further declaring they will not reccognize the legal same sex marriages of states that allow same sex marriage.
That is just not going to fly.
Shad
Veteran Member
Which is very ironic considering those States once started a rebellion over other States not respecting their laws.