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re: TN judge refuses to grant divorce - refers to USSC gay marriage ruling as reason

Posted on 9/3/15 at 1:15 pm to
Posted by Duke
Twin Lakes, CO
Member since Jan 2008
35642 posts
Posted on 9/3/15 at 1:15 pm to
quote:

The supreme court said states don't have the right to define what is or isn't a marriage so how do they now have the right to dissolve something they can't define?


What?

The function of marriage legally is definable and defined. You combine property, insurance, taxes, hospital visitation, ect.

All the court said is you can't extend those rights to just for a certain group over others based on the genitals of those who want to enter into the contract.

If it said the state can't define marriage, then no marriages could legally happen. I see how this judge is spinning it, but it's a willful misreading of the decision.
Posted by Alahunter
Member since Jan 2008
90739 posts
Posted on 9/3/15 at 1:21 pm to
quote:

The function of marriage legally is definable and defined


Actually, the USSC redefined the legal definition of marriage and Federalized it, taking away the State's rights under a misrepresentation of the 14th and ignoring the 10th Amendment, imho of course.

Gov't not being in the marrying business altogether would end all problems though and create jobs for lawyers. Maybe even decreasing the injury and tort business, with all the new contract business they'd get.
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