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Barr on gay marriage: California decision is how it’s supposed to work
The Atlanta Journal-Constitution ^ | 5/16/08 | AP

Posted on 05/16/2008 6:46:02 AM PDT by melt

Libertarian presidential candidate Bob Barr says that when it comes to gay marriage, what happens in California is California’s own business. He’s a states’ rights man.

Here’s the statement Barr’s issued, which — one week before the Libertarian national convention in Denver — is likely to generate some talk:

“Regardless of whether one supports or opposes same sex marriage, the decision to recognize such unions or not ought to be a power each state exercises on its own, rather than imposition of a one-size-fits-all mandate by the federal government (as would be required by a Federal Marriage Amendment which has been previously proposed and considered by the Congress).

The decision today by the Supreme Court of California properly reflects this fundamental principle of federalism on which our nation was founded.

(Excerpt) Read more at ajc.com ...


TOPICS: Culture/Society; News/Current Events; Politics/Elections; US: California
KEYWORDS: aclu; barr; gaymarriage; homosexualagenda; libertarian; libertarianparty; lp; samesexmarriage
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Activist judges should "barr" Bob from running for election.

1 posted on 05/16/2008 6:46:03 AM PDT by melt
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To: melt

Strange that libertarian Barr made no mention of black-robed judiciary thugs overturning the will of the electorate.


2 posted on 05/16/2008 6:47:45 AM PDT by NewJerseyJoe (Rat mantra: "Facts are meaningless! You can use facts to prove anything that's even remotely true!")
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To: melt

Good, if he keeps moving to the left perhaps he can steal more votes away from Obama.


3 posted on 05/16/2008 6:48:30 AM PDT by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: melt

Try running that gay marriage crap by the people of California with a vote instead of through an activist court and see what the people really want.


4 posted on 05/16/2008 6:48:37 AM PDT by avacado
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To: melt
So is North Dakota obligated to accept a married gay couple moving in from California? How about Federal taxes?

"States rights" is a poor argument here.

5 posted on 05/16/2008 6:48:50 AM PDT by GOP_Party_Animal
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To: melt
This doesn't make sense. Favoring the rights of states to have limited interference from the Federal government is in line with our Constitution. But letting four lawyers in black robes overturn the will of the people certainly is not.
6 posted on 05/16/2008 6:49:54 AM PDT by BenLurkin
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To: melt

Bob, you just screwed up.


7 posted on 05/16/2008 6:52:03 AM PDT by bmwcyle (I always rely on God and Guns in that order)
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To: melt
It's all well and good to be a "States Rights Man", but isn't a marriage contract in California is valid in all 50 states?

You can be certain it will be by the time some more judges get hold of the "precedent".
8 posted on 05/16/2008 6:52:21 AM PDT by Question Liberal Authority (NOW can we drill for oil?)
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To: BenLurkin

Does the California constitution allow the courts to overturn laws?


9 posted on 05/16/2008 6:52:24 AM PDT by massgopguy (I owe everything to George Bailey)
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To: NewJerseyJoe

Yea, oh well, thanks for playing Bob.


10 posted on 05/16/2008 6:54:39 AM PDT by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
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To: GOP_Party_Animal
How about Federal taxes?

That was my question, too. I heard a libertarian radio host touting the "state's right" issue and he said it'd be good for county revenues due to marriage license fees and court costs from divorce. But I can't see it as a state's right issue because it impacts other Federal programs like taxes and SS (survivor benefits), etc.

11 posted on 05/16/2008 6:55:47 AM PDT by dawn53
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To: massgopguy
Seems that any American court has the power to overturn laws. Certainly any State Supreme Court.

And I can understand the need for some kind of judicial review BUT it would be reasonable to require that it be a unanimous vote in order to overturn a law (certainly any ballot initiative which reflects the direct will of the people.)

12 posted on 05/16/2008 6:56:43 AM PDT by BenLurkin
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To: massgopguy

His argument doesn’t make sense. An ammendment to the Constituion is the LEGAL way to fix something in America that needs to be common across the states. That’s why we used it to make alcohol illegal and abolish slavery. Gay Marraige is certainly in that category.

As a former board member of the ACLU I would expect Barr to support ammending the constitution as the legitimate way to legislate important issues. Afer all the ACLU is founded to protect the First Ammendment, which is NOT a state bill, but a federal encombrance on all the states.

Also, the fact that the judicial over-reach doens’t bother him says a lot about where his heart is.

I hope the Libertarians reject him and find another candidate. I do not think he recent conversion is sincere, and I think they have better spokespeople for their cause.


13 posted on 05/16/2008 6:57:29 AM PDT by Jack Black
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To: melt

Wow - up to the states to decide. We did decide, marriage between one man and one woman.
And one judge in California said the will of the people is sh*t and we (I) will over turn their will.


14 posted on 05/16/2008 6:58:26 AM PDT by svcw (There is no plan B.)
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To: melt

Barr is nuttier than a fruitcake.


15 posted on 05/16/2008 6:58:46 AM PDT by caver (Yes, I did crawl out of a hole in the ground.)
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To: melt

Paging Bob Barr...Ron Paul is looking for you.


16 posted on 05/16/2008 7:02:05 AM PDT by Apercu ("A man's character is his fate" - Heraclitus)
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To: massgopguy
Does the California constitution allow the courts to overturn laws?

They're a modern court of appeals. If they say they have the power, then they have the power.

17 posted on 05/16/2008 7:03:29 AM PDT by Sgt_Schultze
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To: Always Right
As a Libertarian (????) you would think that Barr would know there are 3 co-equal branches of government.....and it's a big "no-no" for one branch to overstep it's bounds and overrule another which is what happened in Cali yesterday.

What am I missing here?

18 posted on 05/16/2008 7:04:16 AM PDT by moondoggie
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To: NewJerseyJoe
“Strange that libertarian Barr made no mention of black-robed judiciary thugs overturning the will of the electorate.”

or the various states with reciprocity laws forced to accept the sins of another.

19 posted on 05/16/2008 7:04:22 AM PDT by elpadre
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To: bmwcyle

Never liked Barr, always thought he was a little kookie.


20 posted on 05/16/2008 7:09:05 AM PDT by right turn at the light
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To: melt

The case against Barr, so far:

1. Supports liberals over conservatives in elections.

2. Useful idiot/paid flunky for the communists at the ACLU.

3. Doesn’t think we need a fence on the southern border.

4. Can’t tell the difference between judicial activism/tyranny and states’ rights.

Of course, this all pretty overwhelmingly applies to John McCain as well.


21 posted on 05/16/2008 7:10:38 AM PDT by EternalVigilance ("I have a clear record of working with Dems. I will appoint Dems to my administration." -Sen McCain)
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To: melt

He is right on federalism, wrong on the role of the judiciary.

IMO, a DOMA-inspired Amendment to the US constitution is the best course of action - we need to prevent a future SCOTUS from federalizing yet another function of state government.


22 posted on 05/16/2008 7:12:01 AM PDT by M203M4 (True Universal Suffrage: Pets of dead illegal-immigrant felons voting Democrat (twice))
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To: M203M4

There are some states that were only allowed into the Union on the condition that they would forever swear off plural marriage.

Congress has always had the power to decide this question.


23 posted on 05/16/2008 7:17:48 AM PDT by EternalVigilance ("I have a clear record of working with Dems. I will appoint Dems to my administration." -Sen McCain)
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To: melt
Oh yeah, this guy is a good option for Conservatives. /sarc

What a loser!
24 posted on 05/16/2008 7:21:09 AM PDT by Antoninus (Siblings are the greatest gift parents give their children.)
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To: melt

Bob Barr’s statement is spoken less like a Libertarian and more like a proud member of the ACLU. I have said it once and I will say it again, Barr is the Libertarian’s McCain. To hell with the will of the people, to hell with other states having the right to decide since a California couple moving in will have a claim that they are “married” oh no, it is suddenly couched as “State’s Rights.” Amazing use of a core belief to mask another agenda. For example, McCain couching amnesty as “comprehensive immigration reform.”


25 posted on 05/16/2008 7:22:14 AM PDT by FlipWilson
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To: melt
(1) There couldn't be a more clearcut judicial usurpation of the people's decision than this ruling.

(2) Barr clearly doesn't understand the Constitution, especially its reciprocity language.

(3) Barr never seemed to be the most masculine fellow in the world.

26 posted on 05/16/2008 7:22:38 AM PDT by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
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To: melt

And, of course, the whole concept of “states’ rights” is an oxymoron.


27 posted on 05/16/2008 7:23:39 AM PDT by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
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To: wideawake
The five-foot three-inch Barr's steely, beady eyes and smooth con-artist talk will never fully cover up his inate effete traits of appeasement, opportunism and abrupt shifts of ideology during his checkered career..... to mention his three marriages and two seamy, scandal-ridden divorces.

Like the other presidential candidates, a real winner.

Leni

28 posted on 05/16/2008 7:35:08 AM PDT by MinuteGal
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To: melt
“Regardless of whether one supports or opposes same sex marriage, the decision to recognize such unions or not ought to be a power each state exercises on its own, rather than imposition of a one-size-fits-all mandate by the federal government (as would be required by a Federal Marriage Amendment which has been previously proposed and considered by the Congress).

He is absolutely correct in this statement and this is exactly what many(say most)FReepers have been saying all along concerning abortion, so they must support states rights when it comes to gays, or they are being two faced.

The only thing missing from Mr. Barr's statement is the fact that the state had already spoken in the form of a mandate by the people of CA, it was called Prop. 22 and definately decided against same sex marriages.

Notice, he does not support the decision, only states that this is up to individual states and I agree with him.

In Nov. Californians will again have the choice to vote on this matter, this time in the form of a state constitutional amendment, which I am sure will pass in favor of banning same sex marriages.

I admire Mr. Barr in telling the truth and pointing out the obvious, and before some idiot(and their are many idiots on FR)accuses me of being for gay marriages let me be on the record for saying I am against them, I am against teaching school children that homosexuality is great, I am all for homos keeping their sexual preferences to themselves and leaving me to mine. None the less, I do believe Mr. Barr spoke the truth, marriage, and what is allowed to be marriage, is up to each state, not a fed issue, not is abortion a fed issue, you can't pick and choose states rights issues, discarding the ones you don't like and embracing the ones you do.

29 posted on 05/16/2008 7:44:19 AM PDT by calex59
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To: MinuteGal

Call me prejudiced, but anyone who switches spouses and parties three times has an unstable personality.


30 posted on 05/16/2008 7:49:16 AM PDT by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
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To: melt

Is Barr supposed to be some kind of conservative guru?


31 posted on 05/16/2008 7:51:49 AM PDT by RightWhale (You are reading this now)
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To: calex59
He is absolutely correct in this statement and this is exactly what many(say most)FReepers have been saying all along concerning abortion, so they must support states rights when it comes to gays, or they are being two faced.

No, he is absolutely wrong.

The Constitution mandates that all states recognize the acts of their fellow states, which include marriages that are contracted in accordance with the laws of a state.

And abortion is unconstitutional because the XIVth Amendment guarantees every person in the United States his right to life.

States cannot unilaterally decide to murder unborn children, and states cannot unilaterally decide to destroy marriage.

32 posted on 05/16/2008 7:55:14 AM PDT by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
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To: melt

“How it’s supposed to work” is that the state, that works for its citizens, is supposed to uphold the law. In this case Prop 22, which outlawed gay marriage, was voted on in 2000 and overwhelmingly approved by the majority of Californians.

This decision was made by a bunch of Gavin Newsom like lawbreaking activist judges who basically said, “Screw what the citizens of California want for the state. We’re pushing this morally corrupt idea on the people whether they like it or not.

These judges broke the law!!! Plain and simple.

If you want to protect and uphold traditional marriage and live in the state of California see this site and vote:

www.protectmarriage.com


33 posted on 05/16/2008 8:01:40 AM PDT by 444Flyer
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To: wideawake
Barr never seemed to be the most masculine fellow in the world. - A bit too much Capoteish
34 posted on 05/16/2008 8:08:50 AM PDT by SF Republican
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To: melt; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ...
".. each state exercises on its own, rather than imposition of a one-size-fits-all mandate by the federal government.."

Libertarian ping! To be added or removed freepmail me or post a message here.
35 posted on 05/16/2008 8:10:34 AM PDT by traviskicks (http://www.neoperspectives.com/Ron_Paul_2008.htm)
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To: melt

Just goes to show that Bob is a closet liberal. He’s no conversative.


36 posted on 05/16/2008 8:11:24 AM PDT by pctech
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To: melt

Barr is only half right, in a perfect world the states themsleves would not even address the issue, leaving it to private citizens and churches. Once government is out of marriage, it will stop discracing the sacred institution.


37 posted on 05/16/2008 8:11:40 AM PDT by traviskicks (http://www.neoperspectives.com/Ron_Paul_2008.htm)
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To: melt

Federalism is one thing, activist judges overturning the will of the people is another.


38 posted on 05/16/2008 8:14:43 AM PDT by Poincare (Hope is nostalgia for the future.)
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To: BenLurkin
This doesn't make sense. Favoring the rights of states to have limited interference from the Federal government is in line with our Constitution. But letting four lawyers in black robes overturn the will of the people certainly is not.

That's entirely true, but that seems to be the business of the people of California, the governors they elect, and the judges that are appointed.

39 posted on 05/16/2008 8:18:25 AM PDT by Ron Jeremy
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To: calex59

agreed. Power is corrupting to ideologies as well.


40 posted on 05/16/2008 8:26:20 AM PDT by traviskicks (http://www.neoperspectives.com/Ron_Paul_2008.htm)
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To: melt
Barr is both right and wrong.

The States were to hold the general government power and functions while the Federal government was to be quite limited.

The Federal was to hold the overall BOR guarantees and the States could function as small general governments with a republic structure, always, but also with the ability for regional and cultural differences.

If by Constitution and legislative modification, California was to choose to structure marriage with a new definition, then at least, it would be a form of self government.

Legislation by Judicial fiat, however, is not how it is supposed to work in self government.

With a law enforcement background, Barr is limited by looking at only his experience and lacks the broad scope of understanding, as is shown by this comment. He has spent his life with Judicial outcomes as the final say, even with the Senate as a body of judges.

As long as the nation tolerates judicial activism where the very words of our existence are redefined for the satisfaction of transitory sentiment, we are not a fully self governing republic.

41 posted on 05/16/2008 8:28:57 AM PDT by KC Burke (Men of intemperate minds can never be free...their passions forge their fetters.)
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To: pctech

BINGO!

Libertarians are being infected with them....

Even have a truther runing for congress...


9/11 conspiracy theorist to run for Congress

Kevin Barrett says he’ll challenge Ron Kind
By The ASsociated Press
Friday, May 9, 2008

A former University of Wisconsin-Madison lecturer who taught that the U.S. government was behind the Sept. 11 terrorist attacks is running for Congress.
Kevin Barrett says he will officially announce his challenge to Democratic U.S. Rep. Ron Kind on Monday. Barrett says he will make the announcement before a Kind town hall meeting and then ask the congressman “some pointed questions.”

Barrett says he is running as a Libertarian and will be calling for an investigation into the terrorist attacks. He calls the official version of what happened a “load of hooey.”

Barrett is also urging voters to throw all Democrats and Republicans out of office.

Kind has represented western Wisconsin’s 3rd District in Congress since 1996


Had enough abuse yet?

http://falconparty.com/


42 posted on 05/16/2008 8:29:49 AM PDT by Crim (Dont frak with the Zeitgeist....http://falconparty.com/)
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To: melt

Somebody needs to tell this asshole about separation of powers.


43 posted on 05/16/2008 8:32:44 AM PDT by jwalsh07 (El Nino is climate, La Nina is weather.)
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To: Crim

I wonder what Barr thinks about Catholic Charities not being allowed to continue it’s adoption ministry because they wouldn’t put children in Gay households? But there’s no “Slippery Slope”. Right?


44 posted on 05/16/2008 8:33:53 AM PDT by massgopguy (I owe everything to George Bailey)
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To: Poincare

“Federalism is one thing, activist judges overturning the will of the people is another.”

Yes. This is about the will of the people who are in favor of traditional marriage according to Prop 22. For Bob Barr to try and make it appear right according to “state’s rights” (its citizens are the state) shows him to be either uneducated about California’s state laws and history or he may be in favor of homosexual marriage along with the activist Court and just doesn’t have the cajones to say it directly.


45 posted on 05/16/2008 8:37:43 AM PDT by 444Flyer
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To: melt

If Ellen & her partner marry is anyone here any less married because of it? Why not worry about making your own marriage good there are a lot of straight marriages that could use half the focus we are spending trying to stop gay marriage


46 posted on 05/16/2008 8:40:00 AM PDT by NCBraveheart
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To: melt
Bob Barr is an anarchist !

He does not believe in our Republic nor does he believe in democracy !


47 posted on 05/16/2008 8:41:30 AM PDT by XeniaSt (you shall know that I, YHvH, your Savior, and your Redeemer, am the Elohim of Ya'aqob. Isaiah 60:16)
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To: massgopguy

“I wonder what Barr thinks about Catholic Charities not being allowed to continue it’s adoption ministry because they wouldn’t put children in Gay households? But there’s no “Slippery Slope”. Right?”

The slppery slope has been replaced by greased rails...

You must have missed the memo...

*grin*

Marraige is between one man..and one woman...has been for thousands of years (unless your a moonworshiping Islamic cultist) inalienable truth so self evident..our founders didnt even consider the possiblity.

Not once has the ever been a King..and a co-king.

While a king may have “consorts”...there was only one queen.

Now the queens run amuk...


48 posted on 05/16/2008 8:43:39 AM PDT by Crim (Dont frak with the Zeitgeist....http://falconparty.com/)
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To: avacado
Try running that gay marriage crap by the people of California with a vote

Seems to me we did vote on this crap a few years ago, and gay marriage went down faster than a porn star.

The real lesson here is that the initiative process in Cali-phony-a doesn't work. Whenever we pass an initiative with some sense (definition of marriage, no state funds for illegals, etc.), the activist liars (er, lawyers) judge shop until they find some activist judge who agrees with their position, and the will of the people is overturned.

The point here is that, at some point, the populace will just ignore these initiatives knowing that some a$$hole in a black robe will just invalidate it, and we'll be back to good old days of "smoke-filled back-room" politics.

49 posted on 05/16/2008 8:45:00 AM PDT by ssaftler
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To: bmwcyle
Bob, you just are screwed up.

There, fixed your comment.

50 posted on 05/16/2008 8:45:59 AM PDT by ssaftler
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