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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 1:59 pm to
Posted by Duke
Twin Lakes, CO
Member since Jan 2008
35710 posts
Posted on 9/3/15 at 1:59 pm to
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.
Posted by Alahunter
Member since Jan 2008
90739 posts
Posted on 9/3/15 at 2:03 pm to
quote:

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.


The ruling as it stands, would grant incestuous marriages legal standing. Brother/brother, sister/sister.. polygamy.. etc.

quote:

I just personally believe this to be a consistent application of the 14th amendment in both spirit and previous application.


And I can understand why you do. I think in the end, most things we disagree on, tend to be matters of trying to get to the same place through a different route, with few just being outright differences in moral compasses or issues, if you will. Never anything wrong with agreeing to disagree.
Posted by DawgGONIT
Member since May 2015
2961 posts
Posted on 9/4/15 at 3:47 pm to
Duke are right that the USSC just defined marriage as not being limited to heterosexuals but homo's as well. And just b/c a state can't 'define' what marriage is, that doesn't mean they can't go through with marriages/divorces as the USSC already 'defined' marriage for them.

The religious nuts are trying their hardest to spin this for their side, but when in fact heterosexuals have ruined the meaning and sanctity of marriage. 2 people of the same sex getting married has no affect on anyone's else lives, so really you guys can go frick yourselves if you don't like freedom. Plus marriage isn't only for religious folk, so that argument has been proven false.
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