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BREAKING: Second Circuit Court Finds Section 3 Of DOMA Unconstitutional
towleroad.com/ ^ | 10/18/2012 | n/a

Posted on 10/18/2012 9:09:23 AM PDT by massmike

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To: SoConPubbie

Thanks for providing all the details again. I’ve seen them before, but didn’t know where to look for them.

But the basic case is, regretably, perfectly clear. The Mass. court ordered the Legislature to pass a gay marriage act. The legislature declined to do the court’s bidding—even though this is ultra-liberal Massachusetts.

But Romney went ahead and unlawfully shoved gay marriage through, using his power as governor and threatening to fire anyone who disobeyed his illegal command.

Thus Massachusetts was the FIRST STATE to “legalize” gay marriage. And it was ENTIRELY Romney’s doing.

It certainly doesn’t make me happy that this is the guy who is the only alternative to Obama the Muslim Communist. But there it is. Does anyone really imagine for a second that if elected, Romney will reverse the gays in the military policy? Once he’s in the White House, how can he be forced to do it?

Not a happy situation, because as we know, Obama is gay and only too happy to see this kind of stuff passed.


151 posted on 10/20/2012 2:44:40 PM PDT by Cicero (Marcus Tullius)
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To: SoConPubbie

OK, I read every word. It was a waste of time because the basic pillar of what you wrote is incorrect.

The court did not “COMMAND” that the legislature initiate gay marriage legislation within 180 days and then Romney just went ahead with it even though a law hadn’t been passed by them.

What the Supreme Court did was uphold the current marriage law, but strike down as unconstitutional the provision that licenses would be denied to same sex couples. Then they instituted a 180 STAY to PERMIT the legislature to act. The legislature did NOT and the STAY ENDED, leaving Romney stuck to uphold the law and no longer refuse licenses based on same sex applicants. Romney began working on a statewide Defense of Marriage ballot initiative to allow the citizens of the state to overturn the Supreme Court decision.


Here is the conclusion of the actual Supreme Court decision.... Goodridge v. Department of Public Health

http://www.boston.com/news/daily/18/sjc_gaymarriage_decision.pdf

“In their complaint the plaintiffs request only a declaration that their exclusion and the exclusion of other qualified same-sex couples from access to civil marriage violates Massachusetts law. We declare that barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution. We vacate the summary judgment for the department. We remand this case to the Superior Court for entry of judgment consistent with this opinion.

Entry of judgment shall be stayed for 180 days to permit the Legislature to take such action as it may deem appropriate in light of this opinion. See, e.g., Michaud v. Sheriff of Essex County, 390 Mass. 523, 535-536 (1983).

So ordered.”


152 posted on 10/20/2012 2:46:37 PM PDT by Tamzee (The U.S. re-electing Obama would be like the Titanic backing up and ramming the iceberg again.)
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To: Cicero

Please see post 152 and read the Supreme Court’s wording.

The court did not ORDER the legislature to pass gay marriage legislation within 180 days....

The court ORDERED that the current law be upheld but licenses not be denied same sex couples and then stayed the decision for 180 days to permit the legislature to act. The legislature didn’t and the stay lifted leaving the decision in place.


153 posted on 10/20/2012 2:53:40 PM PDT by Tamzee (The U.S. re-electing Obama would be like the Titanic backing up and ramming the iceberg again.)
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To: SoConPubbie
Thanks SoCon ~ hard to believe that after the last 5 years of working on this story we still have people who refuse to accept that Romney took the law in his own hands and without the support of the legislature, forced gay marriage on the poor innocent people of Massachusetts.

We have the same problem with Obamugabe who decided the first thing to do was persecute the Catholic church ~ all the other Democrat presidents found them relatively easy to use but this guy is a total dunderhead.

154 posted on 10/20/2012 3:57:12 PM PDT by muawiyah
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To: Tamzee
OK, I read every word. It was a waste of time because the basic pillar of what you wrote is incorrect.

The court did not “COMMAND” that the legislature initiate gay marriage legislation within 180 days and then Romney just went ahead with it even though a law hadn’t been passed by them.


Sorry, but you could not be more wrong.

The whole basis of the argument against Romney in this case is that the Legislature of MA, as required by the MA Constitution, never passed a law making it legal for Homosexuals in MA to marry.

It was "legislated" from the bench by the Supreme Court of MA.

This what made this whole process illegal and unconstitutional and made Mitt Romney the Father of Gay Marriage in America. Not because the Court made him, but because he chose to do an Unconstitutional act of which, he was amply warned before hand of the Unconsitutional nature of his choice.
155 posted on 10/22/2012 5:55:36 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency.)
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To: Conscience of a Conservative

True, but even your example of a ban on interracial marriage does not show any DISCRIMATION: All races are treated exactly the same. No one has a special preference.


156 posted on 12/18/2012 10:56:54 AM PST by 2harddrive
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