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SUPREME COURT WON'T ANNUL GAY-MARRIAGE OKAY IN MASSACHUSETTS!
NY Daily News ^ | 11/28/04

Posted on 11/29/2004 7:54:58 AM PST by areafiftyone

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1 posted on 11/29/2004 7:54:58 AM PST by areafiftyone
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To: areafiftyone
Justices had been asked by conservative groups to overturn the year-old decision by the Massachusetts Supreme Court legalizing gay marriage. They declined, without comment.

I'm glad they did. We don't need THIS US Supreme court involved in the issue of gay marriage. Eventually they'll be asked to rule on some element of this issue - at a time of our choosing.

2 posted on 11/29/2004 7:56:37 AM PST by ClintonBeGone (Sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: areafiftyone

Gutless wonders.


3 posted on 11/29/2004 7:57:18 AM PST by Mogollon
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To: areafiftyone

sensationalist panic stricken headline alert.


4 posted on 11/29/2004 7:58:07 AM PST by the invisib1e hand (if a man lives long enough, he gets to see the same thing over and over.)
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To: the invisib1e hand

PING


5 posted on 11/29/2004 7:58:48 AM PST by alessandrofiaschi
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To: the invisib1e hand

Well it is from the DAILY SNOOZE ya know! ;-)


6 posted on 11/29/2004 7:59:29 AM PST by areafiftyone (Democrats = the hamster is dead but the wheel is still spinning)
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To: Mogollon

The Massachusetts court ruled on a state institution based on an interpretation of the state constitution. The Massachusetts marriages don't have any federal rights or recognitions and don't break any federal laws. Traditionally the Supreme Court stays far away from state-based issues like this.

Some DOMA test-case will come up in the future. That's what you need to look out for.


7 posted on 11/29/2004 8:00:13 AM PST by HostileTerritory
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To: areafiftyone
Another reason I'm grateful Bush won re-election. Several strict constitutionalists should straighted out the court.
8 posted on 11/29/2004 8:06:16 AM PST by conservativecorner
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To: areafiftyone

The people of Massachusetts have always said many Hillbilly states allow their citizens to wed their family, well now we see what the people of Massachusetts wed . I havent seen the Hillbilly state have a problem with brain damage , but after seeing the Drunken Senator , the Traitor senator and the Queer Senator, I say I will takle marriage to family to marriage to queers anyday.


9 posted on 11/29/2004 8:06:43 AM PST by sgtbono2002
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To: the invisib1e hand
sensationalist panic stricken headline alert.

Hardly. I recently read a detailed analysis of where we stand in this fight, authored by attorneys and loaded with citations. Without significant change in the current makeup of SCOTUS, it's a virtual certainty that gay marriage will become the SCOTUS-mandated law of the land in all fifty states. The analysis was shared with me confidentially; if I can obtain permission to post it publicly, I will.

MM

10 posted on 11/29/2004 8:09:52 AM PST by MississippiMan (Americans should not be sacrificed on the altar of political correctness.)
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To: areafiftyone

The justices are simply acting with restraint and eschewing judicial activism, unlike the Massachusetts judges.


11 posted on 11/29/2004 8:14:23 AM PST by Unam Sanctam
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To: ClintonBeGone

The people of Massachusetts are injured when their state government via the judicial branch removes their right to a republican form of government. When the courts are legislating the people are all harmed, regardless of their view on this particular issue. But it was too much to ask the supreme court to rule that another court usurped its constitutional powers by legislating from the bench. To do so would call into question many of their own decisions. Power is a very enticing thing.


12 posted on 11/29/2004 8:19:14 AM PST by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: HostileTerritory

Hello? The federal constitution guarantees to each state a republican form of government. Article IV section 4.


13 posted on 11/29/2004 8:20:23 AM PST by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: Unam Sanctam

Restraint? Um, is it not their job to rule on Article IV section 4 of the US Constitution. They didn't show restraint. They didn't want to overturn the legislation because they like it.


14 posted on 11/29/2004 8:21:37 AM PST by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: The Ghost of FReepers Past

Sorry you live in such a messed up state, but the last thing this country needs is a Mass plaintiff asking the US Supreme Court to make your gay marriage the law of the land.


15 posted on 11/29/2004 8:22:33 AM PST by ClintonBeGone (Sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: areafiftyone
Most likely the reason they didn't hear the case is because they're waiting to see the outcome of the attempt to amend the Massachusetts Constitution. If the amendment is approved, the issue becomes moot and the Supreme Court doesn't have to deal with the issue.

It is better that the current court does NOT rule on homosexual marriage less we have it forced on all 50 states.

16 posted on 11/29/2004 8:24:27 AM PST by COEXERJ145
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To: HostileTerritory
Some DOMA test-case will come up in the future. That's what you need to look out for.

I think you're right. Can the federal government choose to recognize some marriages which are legal in the state in which it was performed, but not others? Do gay people who are lawfully married in Massachusetts have an Equal Protection argument if the feds do not treat their lawful marriage like any other lawful marriage?

It should be interesting.
17 posted on 11/29/2004 8:25:16 AM PST by BikerNYC
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To: areafiftyone
My headline:

SCOTUS Cops-Out on Mass Gay-Coupling

18 posted on 11/29/2004 8:25:32 AM PST by Old Professer (The accidental trumps the purposeful in every endeavor attended by the incompetent.)
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To: ClintonBeGone
One has nothing to do with the other and I do not live in Mass. The court was being asked to restore the constitutional order in Massachusetts. Article IV section 4 of the US Constition guarantees to every state a republican form of government. That means that the people's representatives make the laws, not the courts.

And if you think this means the Supremes will not rule on the marriage issue themselves, imposing it nationwide, then you didn't read the Lawrence decision. They declined because they are pro-gay marriage and are just waiting to impose it on all. The cases are already in the works.

19 posted on 11/29/2004 8:28:15 AM PST by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: The Ghost of FReepers Past

The Supreme Court is simply not about to rule on the broader issue of state court authority over questions of state constitutional rights. Believe me, this is not the first time this type of issue has come up.

It's not in SCOTUS's interests to say that state courts must always defer to state legislatures. They don't want that principle applied back to them.


20 posted on 11/29/2004 8:28:29 AM PST by HostileTerritory
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