Judge Strikes Down Michigan's Ban on Gay Marriage

ABC News ^ | March 21, 2014 | By ED WHITE

[Lurking Libertarian]

My other question is WHEN are we going to see one of these state’s governors (backed by a conservative legislature) tell the FEDERAL GOV to go to Hell, when their judges overrule a state Amendment on Marriage?? When are we going to see a state gov. say “We won’t comply” and “You can’t make us”..

No Governor has tried to openly defy a federal court order since Orville Faubus refused to desegregate Little Rock Central High. (No, I'm not comparing gay marriage to desegregation, I'm just pointing out why Governors don't defy federal courts.) President Eisenhower federalized the Arkansas National Guard. He also called up the regular army in case the Arkansas Guard refused to follow federal orders, although that proved not to be necessary. The National Guard escorted the black kids into the school, and the Arkansas State police, whom Faubus had ordered to keep them out, stood down.

[ansel12]

You could always do that, Thomas Jefferson and George Washington wanted the government to recognize their marriages, but they didn’t have to seek that legal status.

[only1percent]

The burden of proof is actually the reverse -- under Windsor, the defenders of a DOMA have to prove that belief that homosexuality is wrong or inferior played no part in the adoption of the law. That's a burden that no DOMA is going to be able to carry; hence, while Windsor is law, every DOMA is going to be struck down.

[ansel12]

These are 101st Airborne paratroopers, not National Guard.

[fwdude]

It’s always a sleazy tactic of these judicial tyrants to remain silent on a stay just long enough for a few sodomites to get their “good faith” feet in the door to cause havoc later, no matter what the final outcome.

[Lurking Libertarian]

My recollection was that the 101st Airborne was called up to make sure that the National Guard followed federal orders.

[ansel12]

He sent in about a thousand paratroopers and nationalized the National Guard.

The 101st and 82nd were pretty busy domestically in the 1950s and 1960s, when the “greatest generation” was running and beginning to run things.

[ansel12]

I should have said the 101st Airborne and the 82nd Airborne were busy domestically during the 1950s, 1960s, and 1970s.

[fwdude]

Gravity has animosity to planes. The few plane crashes every year prove it.

Maybe this judge should suspend gravity.

[ExCTCitizen]

Judges are overturning what the voters want. Time for us to kick out judges or at least get people to get Conservative judges.

[JSDude1]

We are so screwed, the National Guard is supposed to be ultimately under the authority of the individual governors, on loan to the Federal Government.

I REALLY LOATHE our Federal Government!!!

[MeshugeMikey]

What a world we live in.

Thank you.

[MeshugeMikey]

“Gravity has animosity to planes. “

Not to mention the falls on the sidewalk, in the shower, down the stairs.or.off a bicycle

the gravity of the whole situation is simply shocking

[Lurking Libertarian]

We are so screwed, the National Guard is supposed to be ultimately under the authority of the individual governors, on loan to the Federal Government.

The Constitution says that the "militia" can be called up by the Federal government "to execute the laws of the union." (Art. I, section 8, clause 15). When they are so called up, the President of the U.S. becomes their "Commander in Chief." (Art. II, section 2, clause 1).

[JSDude1]

Well then I’d say that’s something that Constitutionally I’d ideally change in the name of true Federalism!

[clearcarbon]

Whim of a judge trumps “Will of the People” again.

[dbehsman]

I only hope the eventual collapse and rebirth of America comes soon enough that we can jail every one of these judicial tyrants.

Personally, I think we should try to hasten the collapse.

[trebb]

He noted that supporters of same-sex marriage believe the Michigan ban was at least partly the result of animosity toward gays and lesbians.

Well then - that's obviously a reason to make an unconstitutional decision. Good for him standing up for his principles.

[grellis]

Agreed. Make it a religious ceremony and get the gov’t out completely.

I can only speak for my own religion. I will never understand why the Catholic Church requires a state-issued license before it will allow the sacrament of marriage to take place. There is no kind of state-issued documentation required for any of the other sacraments, nothing. The Church has every right (and is in fact obligated) to protect the sanctity of a Catholic marriage, but her rights and obligations cannot stretch beyond Catholic sacraments. Well, should not, that's my opinion.

Regardless--I'm sick to the teeth of judges undermining the clear will of the people.

[grellis]

Have your religious marriage and leave the government out of it, you could always do that, and you can today.

Not if you want to receive the Catholic sacrament of marriage you can't. The government isn't the only player at fault here.