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State court case predicted as possible path to demise of same-sex marriage
World Net Daily ^ | April 25, 2024 | Bob Unruh

Posted on 04/25/2024 2:23:55 PM PDT by fwdude

A court case that already has been in the system for years is being pushed up to the level of the 6th U.S. Circuit Court of Appeals, and it is expected ultimately to be before the Supreme Court, where it could be a vehicle to overturn that institution's creation of same-sex marriage for the nation.

That 2015 ruling, the Obergefell case, has been described by no less than the chief justice of the high court as unrelated to the U.S. Constitution, and exploded limits on same-sex marriage in dozens of states.

...

The case at hand is the attack on former Kentucky county clerk Kim Davis. She was in office at the time the Obergefell decision exploded on the American public, and was caught in a dilemma: Her faith would not allow her to issue certificates to same-sex duos, nor did her state law at the time allow it. Yet the court ruling demanded it.

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


TOPICS: Culture/Society; Government; News/Current Events; Philosophy
KEYWORDS: homosexualagenda; samesexmarriage; samesexmirage
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May it be.
1 posted on 04/25/2024 2:23:55 PM PDT by fwdude
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To: fwdude

Good, reverse it. The sooner, the better.


2 posted on 04/25/2024 2:25:58 PM PDT by Reno89519 (If Biden is mentally unfit to stand trial, he is mentally unfit to be president. He needs to resign.)
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To: Reno89519

Over 25 states would immediately find their state constitutional marriage amendments newly in force if Obergefell were overturned. Man, would that elicit screeching from the left.


3 posted on 04/25/2024 2:30:36 PM PDT by fwdude ( )
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To: fwdude
Two problems I see even if Obergefell gets overturned:

1. The "full faith and credit" clause could be used to force states with laws against gay "marriage" to honor gay "marriages" consummated in states that allow gay "marriage".

2. Corporations are generally in favor of federalization of all laws so that laws in one state are the same as in every other state. They wouldn't want a situation where they would like to move an important employee from an office in a gay friendly state to an office in a normal state if the gay employee is "married". They will fund all efforts to put support for gay "marriage" into law and will use boycotts, etc. to discourage states from enacting or re-enacting laws that favor traditional marriage.

4 posted on 04/25/2024 2:46:57 PM PDT by who_would_fardels_bear (Kafka was an optimist.)
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To: Reno89519

Reversing it only means to take it out of the religious context of marriage. It would therefore continue to allow legal unions.

As far as the government is concerned it’s a tax issue. The Gov’t wants a cut of the action. Which guarantees a resolution for these unions to continue.

Personally I’m against marriage as an institution because it has gone from holy matrimony to a legal union, or civil union with governmental underpinnings tied directly to the IRS.

Do people wishing to avoid the tax ramifications but and still enter into a union? Certainly they do it’s called holy matrimony and they don’t need a preacher with a state license to conduct a ceremony or a civilian to conduct a ceremony for 50 bucks a shot.

The downside is the divorce rate because if you’re legally married the legal entitlement through divorce would be strictly adhered to, where if you just went and got your holy man to perform the ceremony for you it would be more of a mutual agreement. Even a whisper of getting an attorney involved with legal prenuptial agreements is probably impossible and would also be a tip-off to the IRS.

Plain and simple - it’s all about the Franklin’s.


5 posted on 04/25/2024 2:47:13 PM PDT by Clutch Martin ("The trouble ain't that there is too many fools, but that the lightning ain't distributed right." )
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To: fwdude

Where does a gubmint less than 250 years old get the authority to change the definition of a religious concept thousands of years old?


6 posted on 04/25/2024 2:53:23 PM PDT by ConservaTexan (February 6, 1911/June 14, 1944)
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To: who_would_fardels_bear

“ 1. The “full faith and credit” clause could be used to force states with laws against gay “marriage” to honor gay “marriages” consummated in states that allow gay “marriage.”

Why hasn’t someone based a lawsuit like that over CCLs?

L


7 posted on 04/25/2024 2:54:53 PM PDT by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: who_would_fardels_bear
Item #1 wouldn’t be a problem. If two mutants were “married” in New York and moved to Kentucky, then Kentucky might recognize their New York “marriage” in name only but would extend no Kentucky jurisdiction over it. This came up even before the Obergefell case in some states. There were a few cases in the news where a scenario like this played out, and then the mutant couple tried to get divorced in the second state. If I remember correctly, the second state was able to reject their divorce case on the grounds that they didn’t consider the couple “married” in the first place.

There’s no reason for states to even be involved in marriages at all. All those relationships could be covered under a state’s contract laws.

8 posted on 04/25/2024 2:57:55 PM PDT by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: fwdude

The perverse, reprobate genie is already out of the bottle in post-modern, pagan America.

If Roe v Wade was returned to being a states’ rights issue, then by the same logic, Obergefell should be overturned as well.

But that doesn’t mean California or New York will change their laws. In fact, they will double down on perversion.

At least let conservative states get out from under the DOJ and DC Marxist boot


9 posted on 04/25/2024 2:59:19 PM PDT by PGR88
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To: Lurker
There's a case in California where they are trying to pass a law (or already did?) that would make it illegal for a non-resident to possess a firearm while visiting the state unless the gun was validly registered in California.

This case has "full faith and credit" and 2nd Amendment written all over it.

10 posted on 04/25/2024 3:03:40 PM PDT by who_would_fardels_bear (Kafka was an optimist.)
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To: PGR88
But even the reddest states have Big Blue Cities (e.g. Boise, ID) and any attempt to maintain, enact or re-enact the traditional view of marriage will be used by the Dems and their MSM mouthpieces to skew election results.

That's exactly what's going on now in numerous states with regard to abortion, such as what's happening in Arizona.

11 posted on 04/25/2024 3:06:41 PM PDT by who_would_fardels_bear (Kafka was an optimist.)
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To: Clutch Martin

Marriage licenses go way back and there are situations such as the military where being legally recognized as married matters.


12 posted on 04/25/2024 3:13:31 PM PDT by ansel12 ((NATO warrior under Reagan, and RA under Nixon, bemoaning the pro-Russians from Vietnam to Ukraine.))
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To: who_would_fardels_bear

That was already done when Congress passed the Respect for Marriage Act. Should Obergefell be reversed, any couple legally married in the state or country in which it was done will be legally married in their home state, regardless of whether or not that state has such a law on their books.


13 posted on 04/25/2024 3:22:42 PM PDT by Coronal
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To: fwdude
the Supreme Court, where it could be a vehicle to overturn that institution's creation of same-sex marriage for the nation.

Reverse that monumental mistake!

14 posted on 04/25/2024 3:59:56 PM PDT by libertylover (Our biggest problem, by far, is that almost all of big media is AGENDA-DRIVEN, not-truth driven.)
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To: Coronal

True. Congress passed the Respect for Marriage Act , which created a federal law which explicitly legalizes same-sex marriage.

So even if the Supreme Court were to reverse the case on same-sex marriage, the fact that you now have a federal law which explicitly allows it fundamentally changes the legal landscape surrounding same-sex marriage.

Reversing the Supreme Court decision would legally say that there is no constitutional right to same-sex marriage, but such a ruling would not over rule the Federal Respect for Marriage Act.


15 posted on 04/25/2024 4:24:04 PM PDT by Dilbert San Diego
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To: Dilbert San Diego

Exactly. It was enacted in response to a possible future reversal of Obergefell.


16 posted on 04/25/2024 4:48:26 PM PDT by Coronal
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To: who_would_fardels_bear
That's exactly what's going on now in numerous states with regard to abortion, such as what's happening in Arizona.

It's long past time for pro-lifers to get off their duffs and get back in the political ring. THAT's the problem. Apathy in the wake of Roe being overturned.

We need to shake it off and start swinging again.
17 posted on 04/25/2024 4:52:39 PM PDT by Antoninus (Republicans are all honorable men.)
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To: fwdude
The case at hand is the attack on former Kentucky county clerk Kim Davis. She was in office at the time the Obergefell decision exploded on the American public, and was caught in a dilemma: Her faith would not allow her to issue certificates to same-sex duos, nor did her state law at the time allow it. Yet the court ruling demanded it.

Is that the civil judgment against her? It should be appealed on the basis that the only damages they could have suffered was the cost of gas or cab fare to go to the next county clerk's office. She did cause them any hardship other than that...no anguish, no real delays - had no power to stop them from getting a license. Counties in Kentucky and small and plentiful - each one with a county clerk that can issue licenses.

18 posted on 04/25/2024 5:12:12 PM PDT by Republican Wildcat
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To: Antoninus
Apathy in the wake of Roe being overturned.

Correct - they stopped teaching why elective abortion is wrong. Actually the same thing happened with the success in passing state constitutional amendments against same sex marriage and the defense of marriage act...stopped teaching. Ireland the same thing with their ban on abortions then getting overwhelmingly repealed. A law or lack of a law does not teach morals.

19 posted on 04/25/2024 5:14:18 PM PDT by Republican Wildcat
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To: fwdude

Personally I DON’T GIVE A DAMN IF FAGGOTS GET MARRIED!

Just so long as THEY ARE NOT ALLOWED TO ADOPT OR IN VITRO ANY CHILDREN!!!!


20 posted on 04/25/2024 7:00:29 PM PDT by 5th MEB (1)
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