Started By
Message
re: TN judge refuses to grant divorce - refers to USSC gay marriage ruling as reason
Posted on 9/3/15 at 1:51 pm to Cobrasize
Posted on 9/3/15 at 1:51 pm to Cobrasize
quote:
Cobrasize
Gotcha. I probably was.
And to Duke... while overrule may have been an incorrect term, they have made rulings that conflicted with previous ones, essentially rendering them obsolete.
It was a 5-4 vote. It's possible that it was an incorrect ruling that will be nullified in the future at some point.
Until then, it's the law of the land and as far as the Probate judges and others defying the orders... while I agree with their stance.. they're incorrect in doing what they're doing. They should resign or issue marriage licenses. As one of faith (not always on par), I would think.. "render unto Caesar" would fall into this category. If they are unable to do so due to their convictions, then they need to resign. I don't fault them for their beliefs, but they should be willing to give up their jobs if it's in conflict.. again.. imho.
2
Posted on 9/3/15 at 1:54 pm to Alahunter
Most USSC cases that are "overruled" are done so through Congress. Best example off the top of my head is the Dred Scott decision being nullified by the Civil Rights Act in the 1880's.
Posted on 9/3/15 at 1:59 pm to Alahunter
quote:
while overrule may have been an incorrect term, they have made rulings that conflicted with previous ones, essentially rendering them obsolete.
Exactly.
quote:
It was a 5-4 vote. It's possible that it was an incorrect ruling that will be nullified in the future at some point.
Don't bet on it. A contradictory ruling would have implications to interracial marriage and other dp/ep rulings made by the court almost certainly. Plus there's no likely public opinion swing the other way coming.
Very well said in your closing paragraph. I agree.
Like I said earlier, reasonable folks can and do disagree over how the 14th is applied over the 10th here. It's also a discussion that needs to happen every time one of these questions comes up. I see and understand your states rights argument. I just personally believe this to be a consistent application of the 14th amendment in both spirit and previous application.
Page 1 of 1
Popular
Back to top
Follow SECRant for SEC Football News