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Senate Scuttles Gay Marriage Amendment (Two no-shows. Care to guess?)
AP/ Yahoo ^ | 7/14/04 | David Espo

Posted on 07/14/2004 9:50:28 AM PDT by 11th Earl of Mar

Edited on 07/14/2004 10:13:18 AM PDT by Admin Moderator. [history]

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To: oceanview

The rate of VD will go up too. Better make sure your girlfriend was never bi.

'doesn't affect me directly' right


221 posted on 07/14/2004 11:22:23 AM PDT by fooman (Get real with Kim Jung Mentally Ill about proliferation)
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To: truthandlife

I think there is a greater chance of triggering a constitutional convention than there is of ever getting 60 votes for this in the US Senate. A constitutional convention may be what we should be pushing for.


222 posted on 07/14/2004 11:29:23 AM PDT by Stingray51
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To: oceanview

"They already have tolerance....benefits..."

The issue of benefits is perhaps the best argument against gay marriage that I've heard of. Its also one of the main reasons why I don't think government should be involved with marriage - too much involvement by the government in our personal lives. The catholic church example's good. I guess if the church gets tax money to do their work (Faith-based initiative, which I support btw) then they should have to give benefits if it is required by law. However, its diametrically opposed to their views, which creates a serious burden for them. I don't have a very good solution for this.
Its interesting that they hired the gay guy in the first place. Discrimination based upon sexuality is not against the law. So it seems to me that they've taken it upon themselves to provide for that gay persons' spouse. Perhaps if the guy comes to them and says, "I'm gay - give me benefits" they could just fire him? They could in Virginia. They can fire you in Virginia for your taste in movies.


223 posted on 07/14/2004 11:35:05 AM PDT by mudblood
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To: Sybeck1

Possibly Vulnerable Democrats on this issue (IMO):

Baucus (MT)
Bayh (IN)
Breaux (LA-Not running for reelection)
Conrad (ND)
Daschle (SD)
Dorgan (ND)
Graham (FL)
Hollings (SC-Not running for reelection)
Johnson (SD)
Landrieu (LA)
Lincoln (AR)
Nelson (FL)
Nelson (NE)
Pryor (AR)
Rockefeller (WV)
Stabenow (MI)


224 posted on 07/14/2004 11:40:03 AM PDT by B Knotts
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To: mcmac22
What I'm saying is most Americans don't care enough about gay marriage to demand that the U.S. Constitution be altered.

The amendment wasn't about gay marriage. It was about protecting the traditional definition of marriage. If most Americans don't care about this amendment, that's because they naively don't understand why it is needed.

Frame the question in the right way, and they will support the amendment.

Imagine this conversation:

Q. "The Federal Marriage Amendment would prohibit polygamy. Are you for or against it?"

A. "Isn't polygamy already illegal?"

Q. "Yes, but the courts are setting the precedent to overturn it. An amendment to the Constitution would eliminate that possibility. Do you favor this?"

A. "Well, if that's the only way to keep polygamy illegal, then I support the amendment."

225 posted on 07/14/2004 11:42:12 AM PDT by Gelato
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To: ambrose

why?


226 posted on 07/14/2004 11:44:08 AM PDT by plain talk
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To: Bob J

good post. dittos!


227 posted on 07/14/2004 11:45:44 AM PDT by plain talk
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To: 11th Earl of Mar

Does anyone have the text of the proposed amendment? Does it outlaw gay marriage entirely, and ban any government from recognizing same, or does it simply state that the US Constitution shall not be construed to contain the right to gay marriage? The second option would stop federal judges from creating the right, while leaving the issue to the several states.


228 posted on 07/14/2004 11:46:08 AM PDT by Freemyland
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To: StoneColdGOP

"Senators who wanted the matter left to the states?"

It's interesting how the left plays both sides of the "states rights" argument- recall the Texas sodomy law debate? We on the right have been guilty of that as well, but with the gay marriage issue, we know there will be no such thing as an individual state's right to define marriage, given the inevitable invocation of the Full Faith and Credit clause combined with our activist SCOTUS.


229 posted on 07/14/2004 11:48:06 AM PDT by armydoc
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To: snopercod

The ammendment does not act to limit the actions of individuals, they can shack up and call it whatever they like.

By defining marriage to one man/one woman it limits the federal government (and judiciary) from extending federal recognition and benefits willy nilly to any couple that demands it.


230 posted on 07/14/2004 11:48:40 AM PDT by Liberty Wins
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To: Freemyland
"Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman."

Senate Joint Resolution 40

231 posted on 07/14/2004 11:48:52 AM PDT by Gelato
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To: Gelato

Thanks. I appreciate it.


232 posted on 07/14/2004 11:49:57 AM PDT by Freemyland
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To: OXENinFLA

NAYs ---50 (the bad guys)

Akaka (D-HI)
Baucus (D-MT)
Bayh (D-IN)
Biden (D-DE)
Bingaman (D-NM)
Boxer (D-CA)
Breaux (D-LA)
Campbell (R-CO)
Cantwell (D-WA)
Carper (D-DE)
Chafee (R-RI)
Clinton (D-NY)
Collins (R-ME)
Conrad (D-ND)
Corzine (D-NJ)
Daschle (D-SD)
Dayton (D-MN)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Feinstein (D-CA)
Graham (D-FL)
Harkin (D-IA)
Hollings (D-SC)
Inouye (D-HI)
Jeffords (I-VT)
Johnson (D-SD)
Kennedy (D-MA)
Kohl (D-WI)
Landrieu (D-LA)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (D-CT)
Lincoln (D-AR)
McCain (R-AZ)
Mikulski (D-MD)
Murray (D-WA)
Nelson (D-FL)
Pryor (D-AR)
Reed (D-RI)
Reid (D-NV)
Rockefeller (D-WV)
Sarbanes (D-MD)
Schumer (D-NY)
Snowe (R-ME)
Stabenow (D-MI)
Sununu (R-NH)
Wyden (D-OR)


233 posted on 07/14/2004 11:51:57 AM PDT by RicocheT
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To: Freemyland
Note that the FMA says nothing about gay marriage. It protects the traditional understanding of marriage as between one man and one woman. It would not only prohibit same-sex marriage, but also keep polygamy illegal.

This is important because there are polygamist activists citing the Massachusetts ruling on gay marriage and Lawrence vs. Texas to argue for overturning polygamy laws.

234 posted on 07/14/2004 11:53:35 AM PDT by Gelato
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To: 11th Earl of Mar

There are other ways to solve this problem. A Constitutional Amendment was never the best idea.


235 posted on 07/14/2004 11:53:44 AM PDT by thoughtomator (End the imperialist moo slime colonization of the West!)
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To: 11th Earl of Mar

Again the Senate has proven that they no longer support the American people. The anti-Americans in the US Senate remind one of the Imperial Senate of Rome - Anti-Country and self-preserving. The only way to fix the problem is the repeal the XVII Amendment to the Constitution and once again have the Senators appointed by the State Legislators, as the original Constitution called for. This is a club of elitist who think they are better that the people they serve and do not give a crap about the wishes of the American people.

REPEAL THE XVII AMENDMENT – Get some real Americans in the US Senate.


236 posted on 07/14/2004 11:58:41 AM PDT by YOUGOTIT
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To: Freemyland
Case in point:

2004-01-13 Pro-Polygamists ponder 'Legalization' case News PRESS RELEASE

Pro-Polygamists ponder "Legalization" case

Date: January 13, 2004

Old Orchard Beach, Maine --- Even though pro-polygamists usually argue for "de-criminalization" of anti-polygamy laws, one state attorney has taken the initiative to file a lawsuit to get polygamy "legalized" in Utah. The particular case involves no crime --- only a married man being denied a marriage license to legally marry a second wife.

[...]

The lawsuit asserts that, by denying the marriage license, the clerks violated the claimants' First Amendment right to practice their religion. According to the suit, "The sincere and deeply held religious major tenet of the beliefs of J. Bronson, D. Cook and G. Lee Cook are that the doctrine of plural marriage, i.e., a man having more than one wife, is ordained of God and is to be encouraged and practiced."

Mark Henkel, national polygamy advocate and founder of the Christian polygamy --- non-Mormon --- organization, TruthBearer.org ( www.TruthBearer.org ), was not surprised by the news. "We had known that some individual Utah Mormon polygamists were preparing to advance this 'legalization' route in the courts."

He notes that Lawrence v. Texas and Romer v. Evans specifically guarantee "de-criminalization" of polygamy, overturning all anti-polygamy laws for consenting adults. Henkel said, "The Utah attorney definitely has a big job ahead of him to pursue the 'legalization' route, though --- especially when combining that with the 'freedom of religion' argument."

[...]

Pro-Polygamy.com ™ Helping the Media & Information-gatherers by providing news, reports, and insights from the pro-polygamy view.

http://www.pro-polygamy.com/articles.php?news=0013

237 posted on 07/14/2004 11:58:58 AM PDT by Gelato
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To: Aquinasfan
Does "individual liberty" trump an individual's obligation to help provide for "the common defense"?

Providing for the common defense is part of protecting individual liberty, a term which does not limit itself to protection from domestic threats. "Providing for the common good" is a much much broader concept than is contemplated by our Constitution.

238 posted on 07/14/2004 11:59:12 AM PDT by Texas Federalist
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To: Liberty Wins
Yes, the social security issue needs to be addressed at the federal level (but not at the constitutional level).

Had the "capitation tax" in the original Constitution not been mucked with, and had the government not unconstitutionally started taking money from one group to give to another, these things would not be an issue.

I have lots more thoughts on the issue, but I doubt that anyone would care to hear them.

239 posted on 07/14/2004 12:07:31 PM PDT by snopercod (I remember when Gallo Red Mountain wine was $1.59 a gallon.)
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To: oceanview
That's a good question. More basic, are gay married people allowed to file Married on their 1040? What if they move out of the state to a non-gay-marriage state? Are they automatically divorced? Property rights? Children? Is a gay partner shielded from testifying in court against the other partner if the crime was committed in a non-gay-marriage state? So gay-married people can never safely travel or move to a non-gay state. Can you be gay-married in one state and hetero-married in another?

Marriage is integrated into our civil laws, some state and some federal. How can gay-marriage be a state issue when there are federal implications?

240 posted on 07/14/2004 12:08:57 PM PDT by kdot
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