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To: PGR88

How many times in this country have the will of the people via referendum been overturned bu ONE person sitting on the bench?

I recall just a few months ago a similar thing happening in Utah and in California before that...

It also happened in Oklahoma in regards to the issue of Sharia Law.


10 posted on 05/11/2014 8:15:46 AM PDT by SeekAndFind (If at first you don't succeed, put it out for beta test.)
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To: SeekAndFind
It's not one judge; it's the U.S. Supreme Court in Windsor a year ago.

Gay marriage has been over as a legal issue since then, all that we're seeing now is simply the mop-up. Any lawyer who doesn't recognize this is simply a bad lawyer. Any politician who isn't directing his efforts towards a Constitutional Amendment (or giving up), is wasting his time.

Under Windsor, any law prohibiting gay marriage violates the U.S. Constitution unless its defenders can prove that it was not motivated by a belief that homosexuality is bad or homosexual unions are not as good as traditional marriages. As we've seen in a dozen or more cases since Windsor, carrying this burden is a practical impossibility. Gay marriage advocates should get a clean sweep of the federal Courts of Appeals in the next couple of years, so there's really no reason for the U.S. Supreme Court to get involved again. The only possible exception is if there's a state Supreme Court which defies Windsor but there's no pending case in the state's U.S. Court of Appeals circuit which would nullify it within the next U.S. Supreme Court term -- this would effectively oblige the U.S. Supreme Court to rule.
20 posted on 05/11/2014 9:36:46 AM PDT by only1percent
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