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at the sake of a potential hijacking. and without name calling or berating your fellow BNer's...

given the topics today and the desire to have judges not make law but rather strcitly interpret the constitution i thought i'd give everyone a chance to be a member of the supremes for the day with the following question:

Given the XIV ammendment states in part:

"No state shall make or enforce any law...nor deny to any person within its jurisdiction the equal protection of the laws."

And

Regardless of popular vote or passage by a legislative body, all laws must still be constitualtional.

And the IX ammendement states:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."


My question for debate is:

How are laws banning gay marriage constitutional? And why do they not violate the equal protection clause or IX ammendment?

These laws do not discriminate against gays though... the same rules would apply to two straight men who would try and get married... gay or straight, the laws would still be the same for all.

prrthd1987 wrote:These laws do not discriminate against gays though... the same rules would apply to two straight men who would try and get married... gay or straight, the laws would still be the same for all.

technically the laws limit marriage to a man and a woman and do not reference being gay or straight.....

AlbatrossFlyer wrote:

prrthd1987 wrote:These laws do not discriminate against gays though... the same rules would apply to two straight men who would try and get married... gay or straight, the laws would still be the same for all.

technically the laws limit marriage to a man and a woman and do not reference being gay or straight.....

So therefore it makes no limitations based on preference... just limitations for everybody to follow. My real question is how did some guy get away with marrying a duck a few years ago?

AlbatrossFlyer wrote:
My question for debate is:

How are laws banning gay marriage constitutional? And why do they not violate the equal protection clause or IX ammendment?

it's not constitutional, but they don't violate the IX ammendment because the majority of the zealot country is against it. This country is not supposed to be and never was meant to be a democracy. Most American people are so proud of being a democracy, but when it comes down to it...what's it mean? Laws are voted on by majority rule. How is that protecting the minority or individual? It's not. Democracy at it's root is unconstitutional and un-American

ParrotheadGator wrote:Most American people are so proud of being a democracy,

Then most people have a misplaced sense of pride because we're not a democracy. The United States is a republic.

AlbatrossFlyer wrote:at the sake of a potential hijacking. and without name calling or berating your fellow BNer's...

well that won't happen. You know that ANYONE with a different opinion than some people here get bashed, so throw that statement out!

12vmanRick wrote:

AlbatrossFlyer wrote:at the sake of a potential hijacking. and without name calling or berating your fellow BNer's...

well that won't happen. You know that ANYONE with a different opinion than some people here get bashed, so throw that statement out!

Shut up stupid!

AlbatrossFlyer wrote: How are laws banning gay marriage constitutional? And why do they not violate the equal protection clause or IX ammendment?

I gotta answer your question with another. How can the Supreme Court say that marijuana is illegal when perscribed for medicinal puposes and override state laws which are also constitutionally protected.

But for your question above. Like it or not the people that founded this country did so on a basis of a God that is historically a Jewish God and on Biblical ideas (morals if you will) of that God. Simply put, it's not about law it's about morals to those in charge. Basically the Constitution over the years has had less and less significance and has been called a "guideline" by many in the courts and legislature.

NYCPORT wrote:

12vmanRick wrote:

AlbatrossFlyer wrote:at the sake of a potential hijacking. and without name calling or berating your fellow BNer's...

well that won't happen. You know that ANYONE with a different opinion than some people here get bashed, so throw that statement out!

Shut up stupid!

thanks for making me spew water on my monitor!

I'm here for ya buddy!

I'm only here to be used as a whipping post, cause BNrs seem to like me as a target. Is that constitutional? I think not. But who am I other than the BN whipping post. I think my constitutional rights have been violated by them members of BN so I am suing for reparations.

Aren't you late for an NRA meeting???

Now if Texas state law tells me that I can marry any personI choose "except a black person", that law is racist and unconstitutional. In that same state I can hire and fire any person I choose, be they male, female, black, white, or foreign-born. The law expressly allows it. But if that same state tells me that I can marry any person I choose except [another] man, isn't that sexist and unconstitutional?

LIPH wrote:

ParrotheadGator wrote:Most American people are so proud of being a democracy,

Then most people have a misplaced sense of pride because we're not a democracy. The United States is a republic.

When in Rome...

LIPH wrote:

ParrotheadGator wrote:Most American people are so proud of being a democracy,

Then most people have a misplaced sense of pride because we're not a democracy. The United States is a republic.

i know..."and to the republic..."

That concept seems to be lost on much of society today...hell, they don't even teach "republic" in school anymore...

ParrotheadGator wrote:

LIPH wrote:

ParrotheadGator wrote:Most American people are so proud of being a democracy,

Then most people have a misplaced sense of pride because we're not a democracy. The United States is a republic.

i know..."and to the republic..."

That concept seems to be lost on much of society today...hell, they don't even teach "republic" in school anymore...

I DO

ParrotheadGator wrote:

LIPH wrote:

ParrotheadGator wrote:Most American people are so proud of being a democracy,

Then most people have a misplaced sense of pride because we're not a democracy. The United States is a republic.

i know..."and to the republic..."

That concept seems to be lost on much of society today...hell, they don't even teach "republic" in school anymore...

Exactly.....it all started falling down when people could make a living being an elected representative.

I normally stay out of political stuff on a Buffett site, but I am bored right now, so.......The government should protect me, if I need it, from gayness being forced upon me or my family against my will. Other than that, it does not intrude. Of course gay marriage is not unconstitutional - nor should it be until someone generates the wherewithal to amend the Constitution to specifically say so. THAT is where the teeth are in the 14th Amendment - the due process clause. The whole clause reads...."No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

I'm an idiot and I understand that. And since AF brought it up, the 9th Amendment reinforces what we built the USA on, namely the concept that the people give specific rights and obligations to the government, not the other way around. Unfortunately, this is all twisted around in this day and age, again mostly because people can make a living doing exactly that.

Pay congresspersons $10 per hour plus actual expenses, along with paying taxes like the rest of us (and forget keeping campaign money) and we'd have a helluvan effective government!

Rant is now over.

LIPH wrote:

ParrotheadGator wrote:Most American people are so proud of being a democracy,

Then most people have a misplaced sense of pride because we're not a democracy. The United States is a republic.

Can you imagine an actual democracy working with one billion people? It would take forever to get anything done

HockeyParrotHead wrote:

ParrotheadGator wrote:

LIPH wrote:

ParrotheadGator wrote:Most American people are so proud of being a democracy,

Then most people have a misplaced sense of pride because we're not a democracy. The United States is a republic.

i know..."and to the republic..."

That concept seems to be lost on much of society today...hell, they don't even teach "republic" in school anymore...

Exactly.....it all started falling down when people could make a living being an elected representative.

I normally stay out of political stuff on a Buffett site, but I am bored right now, so.......The government should protect me, if I need it, from gayness being forced upon me or my family against my will. Other than that, it does not intrude. Of course gay marriage is not unconstitutional - nor should it be until someone generates the wherewithal to amend the Constitution to specifically say so. THAT is where the teeth are in the 14th Amendment - the due process clause. The whole clause reads...."No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

I'm an idiot and I understand that. And since AF brought it up, the 9th Amendment reinforces what we built the USA on, namely the concept that the people give specific rights and obligations to the government, not the other way around. Unfortunately, this is all twisted around in this day and age, again mostly because people can make a living doing exactly that.

Pay congresspersons $10 per hour plus actual expenses, along with paying taxes like the rest of us (and forget keeping campaign money) and we'd have a helluvan effective government!

Rant is now over.

I like your thinking, but lets take it one step further.
Is there any way we could make government service (including political office) compulsory, like military service is in some places. Make sure we don't pay 'em too much, so they don't get the urge to stay too long.