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#2
posted to rec.boats
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On Fri, 4 Sep 2015 12:19:28 -0400, Keyser Söze wrote:
Actually, it was an attempt by a christian ayatollah wannabe to exert the "authority" of her religious beliefs over civil law. That's really *not* the way it is supposed to be done in this country, yet. If you want religious law imposed over civil matters, there's always Iran and Afghanistan. You are right in a way It would have been just as easy for her to say she was simply hog tied by the court when they threw out the law that regulates licenses and she is waiting for guidance from the legislature before she can start issuing licenses again. Both sides were simply trying to advance an agenda. It does bring up an interesting point. What is the federal standard for what actually constitutes marriage? It is totally a state issue and the states could have totally different standards. This is even more confusing since they have thrown DOMA (1 U.S. Code § 7) out. Basically if a state says you are "married", all of the other states (and the feds) must recognize that and what that actually means is up to the state. If the state statute is invalid, is anyone in that state still married? Can anyone get married? Maybe not. It is an interesting legal conundrum. |
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#3
posted to rec.boats
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#4
posted to rec.boats
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On Fri, 4 Sep 2015 13:11:06 -0400, Keyser Söze wrote:
On 9/4/15 1:03 PM, wrote: On Fri, 4 Sep 2015 12:19:28 -0400, Keyser Söze wrote: Actually, it was an attempt by a christian ayatollah wannabe to exert the "authority" of her religious beliefs over civil law. That's really *not* the way it is supposed to be done in this country, yet. If you want religious law imposed over civil matters, there's always Iran and Afghanistan. You are right in a way It would have been just as easy for her to say she was simply hog tied by the court when they threw out the law that regulates licenses and she is waiting for guidance from the legislature before she can start issuing licenses again. Both sides were simply trying to advance an agenda. It does bring up an interesting point. What is the federal standard for what actually constitutes marriage? It is totally a state issue and the states could have totally different standards. This is even more confusing since they have thrown DOMA (1 U.S. Code § 7) out. Basically if a state says you are "married", all of the other states (and the feds) must recognize that and what that actually means is up to the state. If the state statute is invalid, is anyone in that state still married? Can anyone get married? Maybe not. It is an interesting legal conundrum. I don't think it is all that complex, nor do I think your libertarian solution works here. It is as complex as any ambulance chasing lawyer wants to make it. The fact is, the SCOTUS has invalidated the only federal law defining marriage and now this court has invalidated the Kentucky statute, along with those in many other states. (man/wonan is so entwined in the language that it is hard to separate without legislation) The only reason this has become a religious mater is because Ms Davis wanted it to be. She did stop issuing ANY marriage licenses and she was legally on sound footing if she chose to go that way |
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#5
posted to rec.boats
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#6
posted to rec.boats
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On 9/4/2015 4:49 PM, Boating All Out wrote:
In article qtljuadp2f0gp99jikqfe58pa3iprpngbo@ 4ax.com, says... It is as complex as any ambulance chasing lawyer wants to make it. The fact is, the SCOTUS has invalidated the only federal law defining marriage and now this court has invalidated the Kentucky statute, along with those in many other states. (man/wonan is so entwined in the language that it is hard to separate without legislation) The only reason this has become a religious mater is because Ms Davis wanted it to be. She did stop issuing ANY marriage licenses and she was legally on sound footing if she chose to go that way Legally sound? She's in jail. The only "political" part is coming from her. My wife and I lived in a rented apartment in Zion, Ill. for almost two years in the early 70's. Zion was founded around 1905 by a very religious guy who wanted to create a "Christian Utopia". No drinking, smoking ... the original city council didn't even allow a doctor to set up shop in the town because they believed in "divine healing". Even when we lived there the town was still dry. No booze or beer could be sold anywhere within the city limits. I suppose if then were now, a federal judge could come along and order the grocery stores to start carrying/selling beer and ordering the city council to approve permits to open liquor stores. |
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#7
posted to rec.boats
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In article o_KdnYh8h68cl3fInZ2dnUU7-
, says... I suppose if then were now, a federal judge could come along and order the grocery stores to start carrying/selling beer and ordering the city council to approve permits to open liquor stores. By the same token, the Feds may make sales of bologna permissible only on Tuesdays. But they won't, because neither beer or bologna sales falls within the ambit of "civil rights." You are free to make a case for them, however. |
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#8
posted to rec.boats
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On 9/4/15 5:17 PM, Mr. Luddite wrote:
On 9/4/2015 4:49 PM, Boating All Out wrote: In article qtljuadp2f0gp99jikqfe58pa3iprpngbo@ 4ax.com, says... It is as complex as any ambulance chasing lawyer wants to make it. The fact is, the SCOTUS has invalidated the only federal law defining marriage and now this court has invalidated the Kentucky statute, along with those in many other states. (man/wonan is so entwined in the language that it is hard to separate without legislation) The only reason this has become a religious mater is because Ms Davis wanted it to be. She did stop issuing ANY marriage licenses and she was legally on sound footing if she chose to go that way Legally sound? She's in jail. The only "political" part is coming from her. My wife and I lived in a rented apartment in Zion, Ill. for almost two years in the early 70's. Zion was founded around 1905 by a very religious guy who wanted to create a "Christian Utopia". No drinking, smoking ... the original city council didn't even allow a doctor to set up shop in the town because they believed in "divine healing". Even when we lived there the town was still dry. No booze or beer could be sold anywhere within the city limits. I suppose if then were now, a federal judge could come along and order the grocery stores to start carrying/selling beer and ordering the city council to approve permits to open liquor stores. How interesting. What part of the Constitution, Amendments, or civil rights legislation would that fall under? |
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#9
posted to rec.boats
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On Fri, 4 Sep 2015 17:17:49 -0400, "Mr. Luddite"
wrote: On 9/4/2015 4:49 PM, Boating All Out wrote: In article qtljuadp2f0gp99jikqfe58pa3iprpngbo@ 4ax.com, says... It is as complex as any ambulance chasing lawyer wants to make it. The fact is, the SCOTUS has invalidated the only federal law defining marriage and now this court has invalidated the Kentucky statute, along with those in many other states. (man/wonan is so entwined in the language that it is hard to separate without legislation) The only reason this has become a religious mater is because Ms Davis wanted it to be. She did stop issuing ANY marriage licenses and she was legally on sound footing if she chose to go that way Legally sound? She's in jail. The only "political" part is coming from her. My wife and I lived in a rented apartment in Zion, Ill. for almost two years in the early 70's. Zion was founded around 1905 by a very religious guy who wanted to create a "Christian Utopia". No drinking, smoking ... the original city council didn't even allow a doctor to set up shop in the town because they believed in "divine healing". Even when we lived there the town was still dry. No booze or beer could be sold anywhere within the city limits. I suppose if then were now, a federal judge could come along and order the grocery stores to start carrying/selling beer and ordering the city council to approve permits to open liquor stores. .... or an abortion clinic. ;-) |
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#10
posted to rec.boats
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On Fri, 4 Sep 2015 15:49:19 -0500, Boating All Out
wrote: In article qtljuadp2f0gp99jikqfe58pa3iprpngbo@ 4ax.com, says... It is as complex as any ambulance chasing lawyer wants to make it. The fact is, the SCOTUS has invalidated the only federal law defining marriage and now this court has invalidated the Kentucky statute, along with those in many other states. (man/wonan is so entwined in the language that it is hard to separate without legislation) The only reason this has become a religious mater is because Ms Davis wanted it to be. She did stop issuing ANY marriage licenses and she was legally on sound footing if she chose to go that way Legally sound? She's in jail. The only "political" part is coming from her. Rosa Parks was in jail too, so what. Her actions are religious, not political. Unfortunately that makes it political. I have heard from Dan Savage and Rachel but we haven't heard much from lawyers. I still contend, the Ky marriage statute was over turned and the legislature has not replaced it, so there is no law. Same with DOMA. The court does not write law, they just over turn law. I wonder how long it will be before someone who wants to dump their spouse, says the marriage in one of these states never legally existed because the law was flawed at the time. |
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