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Ted Olson goes to court on behalf of gay marriage
Washington Examiner ^ | 5/26/9 | Byron York

Posted on 05/27/2009 12:30:07 AM PDT by BCrago66

Former Bush administration solicitor general Theodore Olson is part of a team that has filed suit in federal court in California seeking to overturn Proposition 8 and re-establish the right of same-sex couples to marry.

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


TOPICS: Constitution/Conservatism; News/Current Events; US: California
KEYWORDS: byronyork; caglbt; gaystapo; homobama; homosexualagenda; perverts; prop8; reynolds; samesexmarriage; tedolson
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To: trumandogz
Not on this particular issue.

Even liberals like Alan Dershowitz have now conceded that the Court did overreach in the landmark Roe vs. Wade decision. Even Dershowitz admits that the Court should have left it up to the individual States to determine how they would resolve the issue of abortion.

We don't need another great wedge issue dividing this country for decades. Just because of five numbskulls in black robes refused to take the wisest course of action.

21 posted on 05/27/2009 1:18:42 AM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: Cyropaedia

I do not disagree with you however, my point was not that the Court should rule to legalize gay marriage but that it likely will vote to legalize gay marriage when given a chance.


22 posted on 05/27/2009 1:22:25 AM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: xjcsa

Considering what his wife believed, he’s not honoring her death.


23 posted on 05/27/2009 1:26:51 AM PDT by nickcarraway
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To: irishjuggler
It was landmark U.S. Supreme Court precedent Reynolds v. United States in 1878 that made “separation of church and state” a dubiously legitimate point of case law, but more importantly; it confirmed the Constitutionality in statutory regulation of marriage practices.
24 posted on 05/27/2009 1:37:15 AM PDT by Sir Francis Dashwood (Arjuna, why have you have dropped your bow???)
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To: BCrago66

It’s sad this has happened.


25 posted on 05/27/2009 1:41:32 AM PDT by freekitty (Give me back my conservative vote.)
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To: Sir Francis Dashwood

That’s not on point. Legally, marriage in America is not inherently a religious institution. A couple atheists can - in all 50 States - get married by a state official, no ceremony and no sanction from any clergy required.


26 posted on 05/27/2009 1:41:44 AM PDT by BCrago66
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To: Cyropaedia
It was landmark U.S. Supreme Court precedent Reynolds v. United States in 1878 that made “separation of church and state” a dubiously legitimate point of case law, but more importantly; it confirmed the Constitutionality in statutory regulation of marriage practices...
"Laws are made for the government of actions, and while they cannot interfere with mere religious belief and opinions, they may with practices. Suppose one believed that human sacrifices were a necessary part of religious worship, would it be seriously contended that the civil government under which he lived could not interfere to prevent a sacrifice? Or if a wife religiously believed it was her duty to burn herself upon the funeral pile of her dead husband, would it be beyond the power of the civil government to prevent her carrying her belief into practice?

So here, as a law of the organization of society under the exclusive dominion of the United States, it is provided that plural marriages shall not be allowed. Can a man excuse his practices to the contrary because of his religious belief? [98 U.S. 145, 167] To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances."


27 posted on 05/27/2009 1:42:09 AM PDT by Sir Francis Dashwood (Arjuna, why have you have dropped your bow???)
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To: BCrago66

see #27...


28 posted on 05/27/2009 1:42:54 AM PDT by Sir Francis Dashwood (Arjuna, why have you have dropped your bow???)
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To: BCrago66

Har! Who would have thought Ted Olson would end up sharing a hot tub with David Boies? Barbara must be spinning in her grave. And I bet Arianna Huffington is having a good chuckle.


29 posted on 05/27/2009 1:48:27 AM PDT by Lancey Howard
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To: BCrago66
Legally, marriage in America is not inherently a religious institution.

Wrong... Monogamy is a religious institution.

Directly from Reynolds...

"So here, as a law of the organization of society under the exclusive dominion of the United States, it is provided that plural marriages shall not be allowed. Can a man excuse his practices to the contrary because of his religious belief? [98 U.S. 145, 167] To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself."

30 posted on 05/27/2009 1:48:57 AM PDT by Sir Francis Dashwood (Arjuna, why have you have dropped your bow???)
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To: trumandogz

Sorry, but even for a guy as self absorbed as Kennedy, going against the voters and the State Supreme Court would be a bridge too far.


31 posted on 05/27/2009 1:49:21 AM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: Sir Francis Dashwood

OK, no objection. To be honest I just skimmed your earlier post, and misinterpreted it.


32 posted on 05/27/2009 1:50:18 AM PDT by BCrago66
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To: BCrago66
The real question is that in order for the court to confirm homosexual monogamy (which is contradictory to mammalian biology) they would have to overturn a previous decision that was the basis for the dubious "separation of church and state."
33 posted on 05/27/2009 1:57:11 AM PDT by Sir Francis Dashwood (Arjuna, why have you have dropped your bow???)
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To: trumandogz

Marriage is a religious rite, not a civil right.


34 posted on 05/27/2009 1:59:20 AM PDT by Sir Francis Dashwood (Arjuna, why have you have dropped your bow???)
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To: BCrago66

???


35 posted on 05/27/2009 2:01:14 AM PDT by Recovering_Democrat (I'm SO glad I no longer belong to the party of Dependence on Government!)
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To: Cyropaedia
We don't need another great wedge issue dividing this country for decades. Just because of five numbskulls in black robes refused to take the wisest course of action.
"When the fairies are displeased with anybody, they are said to send their elves to pinch them. The ecclesiastics, when they are displeased with any civil state, make also their elves, that is, superstitious, enchanted subjects, to pinch their princes, by preaching sedition; or one prince, enchanted with promises, to pinch another."

(Thomas Hobbes, Leviathan 1651)


36 posted on 05/27/2009 2:03:23 AM PDT by Sir Francis Dashwood (Arjuna, why have you have dropped your bow???)
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To: Sir Francis Dashwood

OK at this point I’m still not sure what you’re talking about. In terms of moral theory and history, you can argue that marriage is a religious institution and right. Legally, the right to marry, and the incidents of marriage - as practiced and actually enforced by the States - is not essentially religious. On the federal level, there is Supreme Court precedent from early in the last century dealing with a fundamental right to marry, and that right is not defined as essentially religious.

None of the above means there’s a federal constitutional right to gay marriage (or says that there’s isn’t one, for that matter.) That particular fight centers on the proper interpretation of the Equal Protection Clause of the 14th Amendment (and the Due Process Clause).

And now I go to sleep.


37 posted on 05/27/2009 2:21:14 AM PDT by BCrago66
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To: BCrago66
If the people of California had voted to ban interracial marriage, it would have been the responsibility of the courts to say that they cannot do that under the constitution.

Ok mr Olsen, when homosexual coitus can produce babies then homosexual unions meet the basic qualification for marriage.

38 posted on 05/27/2009 2:29:06 AM PDT by TeleStraightShooter (Barack Benito Obama heads the most shocking "end justifies the means" gang of thugs/ administration)
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To: BCrago66
Legally, the right to marry, and the incidents of marriage - as practiced and actually enforced by the States - is not essentially religious.

Monogamy is an artificial religious standard.

Since we now have a "woman's right to choose" because of Roe v. Wade, why not polygyny or polyandry?

ANSWER: Monogamy is a religious standard.

"What's he that was not born of woman?"

(Macbeth, act V, scene VII)


39 posted on 05/27/2009 2:29:07 AM PDT by Sir Francis Dashwood (Arjuna, why have you have dropped your bow???)
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To: Sir Francis Dashwood
You make an irrefutable point about the 1878 Reynolds v. United States.

However, it clashes with the 2003 Lawrence v. Texas that holds a state has no compelling interest to regulate such activity.

I suppose a case could be made that there is a compelling interest to forbid polygamy under the assumption that up to 15% of the male population would not marry leading to severe social problems.

40 posted on 05/27/2009 2:50:58 AM PDT by TeleStraightShooter (Barack Benito Obama heads the most shocking "end justifies the means" gang of thugs/ administration)
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