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Judge Strikes Down Pennsylvania Same-Sex Marriage Ban
NBCNews ^ | 05/20/2014 | Pete Williams

Posted on 05/20/2014 11:36:28 AM PDT by GIdget2004

A federal judge Tuesday declared Pennsylvania's ban on same-sex marriage unconstitutional, the fourth such ruling on a state ban in the past three weeks.

Judge John Jones III ruled in favor of 23 Pennsylvania residents who challenged the law.\

"The issue we resolve today is a divisive one. Some of our citizens are made deeply uncomfortable by the notion of same-sex marriage. However, that same sex marriage causes discomfort in some does not make its prohibition constitutional," he said.

The state's Democratic attorney general, Kathleen Kane, announced last July that she would not defend it, saying she could not ethically defend a law she considered "wholly unconstitutional." Defense of the law was carried on by the administration of the state's Republican governor, Tom Corbett.

Similar decisions in state and federal courts this month struck down bans in Arkansas, Idaho, and Oregon. Appeals courts stayed the effect of the rulings in Arkansas and Idaho. The Oregon decision is unlikely to be appealed, because the state did not defend the law.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Pennsylvania
KEYWORDS: gaymarriage; gaystapo; gopestablishment; homosexualagenda; johnjonesiii; judicialactivism; liberalagenda; poofterism; rino

1 posted on 05/20/2014 11:36:28 AM PDT by GIdget2004
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To: GIdget2004

Such are the seeds of secession.


2 posted on 05/20/2014 11:38:43 AM PDT by Inwoodian
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To: GIdget2004
All who think we still live in a free republic, raise your hand.

Someone explain to me how elections can possibly reverse our continuing slide into tyranny.

3 posted on 05/20/2014 11:39:18 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th. Article V.)
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To: GIdget2004

It just goes to show... Voters and the ‘citizen peasants’ are not allowed to have an opinion that differs from the ‘elites’ any more.

We might as well call America what it truly is right now. An Oligarchy heading for a feudal system.


4 posted on 05/20/2014 11:41:14 AM PDT by The Working Man
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To: GIdget2004
From Wikipedia -

John Edward Jones III (born June 13, 1955) is an American lawyer and jurist from the U.S. state of Pennsylvania. A Republican, Jones was appointed by President George W. Bush as federal judge on the United States District Court for the Middle District of Pennsylvania in February 2002 and was unanimously confirmed by the United States Senate on July 30, 2002. He is best known for his presiding role in the landmark Kitzmiller v. Dover Area School District case, in which the teaching of intelligent design in public school science classes was ruled to be unconstitutional.

With friends like these who needs enemies?

5 posted on 05/20/2014 11:41:34 AM PDT by Count of Monte Fisto (The foundation of modern society is the denial of reality.)
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To: GIdget2004
The state's Democratic attorney general, Kathleen Kane, announced last July that she would not defend it, saying she could not ethically defend a law she considered "wholly unconstitutional."

So that whole oath thing about defending the state constitution and laws and such was just.... blather?

And she's a Democrat, not a "Democratic".

6 posted on 05/20/2014 11:41:46 AM PDT by grobdriver (Where is Wilson Blair when you need him?)
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To: Inwoodian

They’re not leaving us much choice...


7 posted on 05/20/2014 11:43:15 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: GIdget2004

When Anthony Kennedy wrote that the only reason such a law would ever be passed was “bigotry”, the tyrants in black robes had their marching orders.


8 posted on 05/20/2014 11:44:00 AM PDT by Buckeye McFrog
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To: The Working Man

we are not allowed to have opinions which differ from the liberals.


9 posted on 05/20/2014 11:44:36 AM PDT by Dilbert San Diego
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To: GIdget2004

Where were these judges prior to citizens and legislators voting explicitly to do what the state and society had already been doing for several millenia?

By the way... all these decisions make all state licensing illegal, as all licenses discriminate in favor of those who are qualified for a thing, or want to do a certain thing, against those who aren’t qualified for a thing, or would rather do a different (and illegal) thing.

If I want to cut hair, I should be able to get a beautician’s license even if I am not qualified.

If I want to hunt rabbits with a crossbow in February, I should be able to do so with a license for hunting squirrels with black powder in March.

When will the first conservative challenge licensing in these areas?


10 posted on 05/20/2014 11:46:13 AM PDT by mbarker12474
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To: GIdget2004

This “judge” should be immediately removed. When a free people can no longer rely on elections and laws to live by, then it is time to take matters to the next level. It almost happened with the BLA land grab in Nevada. Maybe this is what they want.


11 posted on 05/20/2014 11:46:26 AM PDT by Flavious_Maximus
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To: GIdget2004

With all these recent court reversals concerning gay marriage, it makes me want to think there is a conspiracy going on. I still believe they were able to blackmail John Roberts concerning Obaamcare.


12 posted on 05/20/2014 11:49:12 AM PDT by caver (Obama: Home of the Whopper)
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To: GIdget2004

There seems to be some sort of trend here with all these cases being decided against the American Family and for the homosexual insurgents.

To stop this trend, it will be necessary to Judge Shop, just like all the liberals do and find a judge appointed by a Republican to rule that all the current state gay marriage bans must stay in place.


13 posted on 05/20/2014 11:49:13 AM PDT by Oliviaforever
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To: Count of Monte Fisto

“A Republican, Jones was appointed by President George W. Bush “

Its Bush’s Fault.


14 posted on 05/20/2014 11:49:54 AM PDT by Steven Scharf
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To: grobdriver

she could not ethically defend a law she considered “wholly unconstitutional.”....This Democrat bitch is NOW Judge, jury and Damn soon, executioner. Watch out PA. I damn near went to jail for telling a Federal Judge I didn’t believe “Hate crimes” were Constitutional and wouldn’t EVER find anybody guilty of such a travesty. They held me,In a hotel, for three days until I was told to go home and “Watch it.”


15 posted on 05/20/2014 11:49:58 AM PDT by Safetgiver ( Islam makes barbarism look genteel.)
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To: Steven Scharf

Between him and Judas Roberts, Bush sure could pick ‘em.


16 posted on 05/20/2014 11:50:30 AM PDT by dfwgator
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To: Buckeye McFrog

Exactly! Just waiting for these decisions to receive their official blessing from Justice Kennedy in probably 2015. Scalia was a prophet when he wrote his dissent to I believe the Lawrence decision.


17 posted on 05/20/2014 11:50:40 AM PDT by C19fan
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To: GIdget2004
There is no solution to the takeover of America within the existing legal system. Votes and citizen initiatives have no meaning in the new USA. The progressive destruction of the country is accelerating and only a catastrophe will change the current course.
18 posted on 05/20/2014 11:50:59 AM PDT by Truth29 (\)
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To: Jacquerie
It's appalling that the courts run the US and the banking/globalist elitists run our foreign policy.

I personally feel that the government shouldn't be marrying anyone....legal contracts is what the gov should provide. To win the marriage issue, constitutional conservatives are going to have to somehow inspire cultural change.

The focus now has to be the invasion of the US, EVerify being the law of the land, and private sector job creation for US citizens.

FWIW, I don't see how the US avoids collapse. Hopefully, it'll be into regions that are self-sufficient and able to set a better path.

19 posted on 05/20/2014 11:51:26 AM PDT by grania
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To: Oliviaforever

You mean like the judge in this case?

“John Edward Jones III (born June 13, 1955) is an American lawyer and jurist from the U.S. state of Pennsylvania. A Republican, Jones was appointed by President George W. Bush as federal judge on the United States District Court for the Middle District of Pennsylvania in February 2002 and was unanimously confirmed by the United States Senate on July 30, 2002. He is best known for his presiding role in the landmark Kitzmiller v. Dover Area School District case, in which the teaching of intelligent design in public school science classes was ruled to be unconstitutional.”

Next year, one of the cases currently winding its way through the legal process will end up in front of SCOTUS, and that’s that. Game over.


20 posted on 05/20/2014 11:51:35 AM PDT by AnAmericanAbroad (It's all bread and circuses for the future prey of the Morlocks.)
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To: C19fan

Gotta hand it to Teddy Kennedy. When he went after Bork and then Douglas Ginseberg, he knew EXACTLY what he was doing.


21 posted on 05/20/2014 11:53:11 AM PDT by Buckeye McFrog
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To: GIdget2004

Modern America = Sodom and Gomorrah.

Think we will fare any better?


22 posted on 05/20/2014 11:53:29 AM PDT by ohiobuckeye1997
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To: AnAmericanAbroad

“Next year, one of the cases currently winding its way through the legal process will end up in front of SCOTUS, and that’s that. Game over.”

Maybe the best we can hope for is for the SCOTUS to not accept any of these cases and let the lower court order stand. That way, at least there will be some of the more conservative Republican states that will still protect marriage.


23 posted on 05/20/2014 11:56:28 AM PDT by Oliviaforever
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To: GIdget2004

The rule of law in America is dead.

And so goes the country.


24 posted on 05/20/2014 11:58:11 AM PDT by greene66
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To: GIdget2004

25 posted on 05/20/2014 11:58:22 AM PDT by SoFloFreeper
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To: Oliviaforever

The real way is to scientifically establish this is a sex fetish and thus abnormal. This will eliminate the born that way myth.

ALL these judges are drinking the born that way kookade.

When the 11th upheld the ban on homosexuals adopting children, they did state there is no scientific evidence establishing homosexuality as a born that way gene.

Arguing religion concedes the ENTIRE debate and all rationality to the homosexuals.


26 posted on 05/20/2014 11:59:46 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Oliviaforever

Yeah, it’s a possibility - kicking the can down the road, as it were - but I think one of these cases will make it in front of the next SCOTUS session. There’s so many of them that it’s almost inevitable.

Looking further ahead, I actually don’t doubt for one minute that the Millenials are overwhelmingly in favor of same-sex marriage - and when they end up running the show 20 years hence, all the laws, state constitutional amendments forbidding it, etc., will be overturned under the aegis.


27 posted on 05/20/2014 12:08:27 PM PDT by AnAmericanAbroad (It's all bread and circuses for the future prey of the Morlocks.)
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To: longtermmemmory
"The real way is to scientifically establish this is a sex fetish and thus abnormal. This will eliminate the born that way myth."

Not a chance. Like with global warming, science is political. The Left is not going to let go of their victories short of fire and brimstone falling from the heavens.

28 posted on 05/20/2014 12:18:20 PM PDT by Truth29 (\)
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To: P.O.E.; little jeremiah; wagglebee; Salvation; NYer

Ping.

May as well strike off “Virtue” from the Commonwealth flag.

Kyrie Eleison.


29 posted on 05/20/2014 12:22:28 PM PDT by lightman (O Lord, save Thy people and bless Thine inheritance, giving to Thy Church vict'ry o'er Her enemies.)
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To: GIdget2004

There is about one of these a day. There are some marching orders somewhere. Another scandal?

These judges should be impeached.


30 posted on 05/20/2014 12:25:49 PM PDT by Fledermaus (Conservatives are all that's left to defend the Constitution. Dems hate it, and Repubs don't care.)
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To: The Working Man

31 posted on 05/20/2014 12:26:58 PM PDT by fidelis (Zonie and USAF Cold Warrior)
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To: grobdriver

If she can’t do her job she needs to be removed or step down.


32 posted on 05/20/2014 12:27:04 PM PDT by Fledermaus (Conservatives are all that's left to defend the Constitution. Dems hate it, and Repubs don't care.)
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To: Count of Monte Fisto

How can just “teaching” about intelligent design be unconstitutional? Did he believe it wasn’t science? Neither is “global warming/climate change/left wing liberal lie” and they “teach” that in school.


33 posted on 05/20/2014 12:28:11 PM PDT by Fledermaus (Conservatives are all that's left to defend the Constitution. Dems hate it, and Repubs don't care.)
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To: GIdget2004

“However, that same sex marriage causes discomfort in some does not make its prohibition constitutional.”

***

By Judge Jones’ logic, then bestiary and pedophilia should be constitutional too.


34 posted on 05/20/2014 12:30:23 PM PDT by fatnotlazy
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To: GIdget2004
"...that same sex marriage causes discomfort in some does not make its prohibition constitutional..."

It is plain to see this judge has not read the 10th Amendment.
35 posted on 05/20/2014 12:30:36 PM PDT by Deo volente (God willing, America shall survive this Obamanation.)
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To: Deo volente

It’s all for 15 minutes of fame Nothing more and nothing less.
I hope the next news on the boy is, fired and disbarred!
So do laws that put Heroin Pushers in jail need to stand I”m sure they suffer discomfort! Better toss that law also, and don’t for forget those poor murderers that may be on Death Row.
We don’t care about your stinking Vote. We have a Slimey Judge!


36 posted on 05/20/2014 1:36:21 PM PDT by DocJhn
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To: GIdget2004

Note the use of the word “ban,” as though upholding authentic marriage were an arbitrary, temporary matter of mere whim.


37 posted on 05/20/2014 3:30:11 PM PDT by Arthur McGowan
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To: Buckeye McFrog
When Anthony Kennedy wrote that the only reason such a law would ever be passed was “bigotry”, the tyrants in black robes had their marching orders.

In fairness to Kennedy (and it makes me queasy just to type that), that phrase came from the lower court's ruling. And the only reason that the lower court found that way was because the so-called "defenders" of Prop 8 couldn't list a single other legitimate reason why anyone would have voted for the law. The liberals cried "Bigots!" and "our side" replied Yeah? So?

The case for Prop 8 was so bungled that our witness on the stand essentially called gay marriage bans "un-American." And this was the only witness our side called!

Those incompetent morons made sure that we'd lose at SCOTUS. And now the system is working as it should - with lower courts obeying the ruling of the highest - except that the deck was stacked against us at the very start.
38 posted on 05/20/2014 4:56:22 PM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: lightman; fatima; Fresh Wind; st.eqed; xsmommy; House Atreides; Nowhere Man; South Hawthorne; ...
PA Ping!

If you see posts of interest to Pennsylvanians, please ping me.

Thanks!

Thanks lightman for the heads up

39 posted on 05/22/2014 1:21:26 PM PDT by P.O.E. (Pray for America)
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