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Florida Federal DOMA Challenge Dismissed
U.S. District Court, via Alliance Defense Fund ^ | January 19, 2005

Posted on 01/19/2005 12:42:39 PM PST by Constitutionalist Conservative

Excerpt:

In short, Plaintiffs’ argument is that, given their recent “civil rights revolution,” the United States Supreme Court is likely to declare that same-sex marriage is a fundamental right that is protected by the Constitution. Plaintiffs are asking this Court to create such a fundamental right immediately, before the Supreme Court revisits the issue of same-sex marriage. But that is not this Court’s role. This Court is bound to follow the precedent established by the Eleventh Circuit Court of Appeals and the United States Supreme Court. None of their precedent acknowledge or establish a constitutional right to enter into a samesex marriage. The legislatures of the individual states may decide to permit same-sex marriage or the Supreme Court may decide to overturn its precedent and strike down DOMA. But, until then, this Court is constrained to hold DOMA and Florida Statutes § 741.212 constitutionally valid.


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: homosexualagenda; marriage
Click link to read entire ruling (PDF format). Nothing on the wires yet about this ruling (Wilson v. Ake).
1 posted on 01/19/2005 12:42:40 PM PST by Constitutionalist Conservative
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To: Constitutionalist Conservative

Well, at least they understand their own constraints. Now let's see if the SC does. If they don't, I say impeach 'em.


2 posted on 01/19/2005 12:46:57 PM PST by The Ghost of FReepers Past (Legislatures are so outdated.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: Constitutionalist Conservative

Re-mark-a-ble


3 posted on 01/19/2005 12:47:29 PM PST by Socratic (Ignorant and free? It's not to be! - T. Jefferson (paraphrase))
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To: Constitutionalist Conservative

Sounds suspicious--what's going on with the liberal leftist pro-demoncRAT courts?


4 posted on 01/19/2005 12:54:03 PM PST by lilylangtree (Veni, Vidi, Vici)
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To: lilylangtree
Sounds suspicious--what's going on with the liberal leftist pro-demoncRAT courts?
There waiting for Pres. Bush to leave office.
5 posted on 01/19/2005 1:29:59 PM PST by smokeman
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To: Constitutionalist Conservative

This is the 11th DCA. Very smart court.

IF I am not mistaken these are the two lesbians who want to establish a marriage so that the homosexual partner of the woman with children can adopt the children.

If marriage is established in FL, then they can use that to attack the FL ban on homosexual adoption. (six states have bans on homosexual adoptions, two are outright bans, four are severe restirctions. 27 states do not allow for homosexual sex partner adoptions.)

This is being appealed.

This should also be read with the recent LA upholding their state DMA which outlaws civil unions as well as homosexual marriages. (the homosexuals challeged based on the one subject rule of referendums) This means and indicates that a duplicate of the LA amendment in other states will help keep marriage lite out of the debate.

Now we need to educate the public about homosexual behavior is a choice and that "born 'gay'" is a political phenominon NOT a scientific conclusion.


6 posted on 01/19/2005 8:43:15 PM PST by longtermmemmory (VOTE!)
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To: DirtyHarryY2K; All

bump and ping list note


7 posted on 01/19/2005 8:54:03 PM PST by longtermmemmory (VOTE!)
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To: EdReform; backhoe; Yehuda; Clint N. Suhks; saradippity; stage left; Yakboy; I_Love_My_Husband; ...
Homosexual Agenda Ping.

If you want on/off the ping list see my profile page.

8 posted on 01/20/2005 3:19:31 AM PST by DirtyHarryY2K (''Go though life with a Bible in one hand and a Newspaper in the other" -- Billy Graham)
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To: Constitutionalist Conservative

bttt


9 posted on 01/20/2005 10:05:43 AM PST by tutstar ( <{{--->< http://ripe4change.4-all.org Violations of Florida Statutes ongoing!)
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