What Should The Supreme Court Do About Same-Sex Marriage?

August 5th, 2010   (194 views )

SAN FRANCISCO (AP) - If the California ban on gay marriage ever
gets to the U.S. Supreme Court, it could force the justices to
confront the question of whether gays have a constitutional right
to wed. A federal judge struck down California's voter-approved ban
yesterday, and supporters of Proposition 8 promise an appeal. One
supporter says laws in 45 other states could fall.

Comments, Pingbacks:

Comment from: DOUG [Visitor] Email
The Federal judge is just following what our king wants:
Obama opposed Proposition 8 because "he felt that it was divisive. "He felt that it was mean-spirited."
MOBAMA opposes anything the people want or vote for-what a moron-Oh wait he is a 'mean spirited moron' !!!

What is 'mean-spirited' is this some sort of a liberal phrase I don't get?
PermalinkPermalink 08/05/10 @ 13:06
Comment from: William [Visitor] Email
The Supreme Court should not do anything about "same sex marriage." It should hear the cases that come before it.

It should not do anything about same sex marriage. It should deal with state-sponsored discrimination. All of this began because the state discriminated based upon marital status.

In the process, it may de-legitimize popular bigotry.

Judge Walker's decision is very carefully, not to say, brilliantly, drawn; it will be easier to uphold than overturn.
PermalinkPermalink 08/05/10 @ 13:15
Comment from: mags [Visitor] Email
I think the Supreme Court will have to decide what they believe marriage is: it could be grandfathers to granddaughters, fathers to daughters, brothers to sisters, 10 women to 1 man (polygamy) The argument we hear is we should allow consenting adults to marry. So someone must define what marriage is and what it is not. That is what the Supreme Court will ultimately decide.
PermalinkPermalink 08/05/10 @ 17:23
Comment from: JEANNIEMAC [Visitor] Email
A law can change the definition of marriage, but it cannot change the fact that marriage is possible only between persons of the opposite sex.
Sex outside of marriage for anyone is defined as "fornication"
PermalinkPermalink 08/05/10 @ 18:16
Comment from: JEANNIEMAC [Visitor] Email
Mr. French said it is generational, the objection to homosexual marriage. That is because the public schools stopped teaching morality years ago. Anything goes.
PermalinkPermalink 08/05/10 @ 18:18
Comment from: JEANNIEMAC [Visitor] Email
If the high court legalizes homosexual marriage, would this force landlords to rent to them? Would this force the military to provide separate living quarters, etc. It opens Pandora's Box.
PermalinkPermalink 08/05/10 @ 18:19
Comment from: Kathy [Visitor] Email
This past Easter my beautiful 29 year old niece surprised us all by bringing a beautiful girlfriend to dinner. My niece is in love, her girlfriend is wonderful. I know they want children. I hope they can get married someday.

PermalinkPermalink 08/05/10 @ 18:26
Comment from: Kelly [Visitor]
Being in this situation my self, I believe that the Supreme Court should legalize gay marriage!
If people love each other and be able to live happy functional lives why not let them be married!?
True things will change if it is legalized, but same sex marriage should be allowed.
PermalinkPermalink 08/05/10 @ 18:28
Comment from: JEANNIEMAC [Visitor] Email
Mr. French, you want to leave religion out of the debate. But, if homosexual marriage is legalized, religious people would be forced to accept what they know if wrong. They too are protected by the 1st amendment. "No law prohibiting the free exercise thereof (of religion).
PermalinkPermalink 08/05/10 @ 18:28
Comment from: Tobe Witmer [Visitor] Email
This is not a discrimination issue. Our laws in this country were built on Christian values and principles from the Bible. Our founding fathers absolutely followed the Bible. Homosexuality is wrong, sin against God, and for all these years illegal in our country. The TV announcer is re-writing and misrepresenting history. It is not the same as minority discrimination. It is not a sin to be black, white, etc., homosexuality is a sin against God and mankind. The life expectancy of homosexuals is a fraction of straight individuals.
PermalinkPermalink 08/05/10 @ 18:31
Comment from: Bill F. [Visitor] Email · http://August 5, 2010 12:15 P.M.
August 5, 2010

Judge Walker’s Phony Facts:




It has been clear since before the beginning of the year that Judge Vaughn Walker of the U.S. District Court in San Francisco was on a mission to establish a federal constitutional right to same-sex marriage and thereby to overturn California’s Proposition 8, a constitutional amendment passed by the people of the state in 2008.

From his decision to have a “trial” of the “facts” in the case rather than proceed straightaway to legal arguments about the constitutional issues (a choice that surprised even the plaintiffs’ attorneys) to his attempt to stage a nationally televised extravaganza (brought to a halt by the Supreme Court) to his unconcealed bias in favor of the plaintiffs in virtually every aspect of the proceedings (ably summarized by NRO’s Ed Whelan here), Judge Walker has been preparing us for a baldfaced usurpation of political power for quite a while.


PermalinkPermalink 08/05/10 @ 21:46
Comment from: fred [Visitor]
State sponsored 'marriage' is nothing more than a political tool, instituted on the brainless masses.
PermalinkPermalink 08/05/10 @ 22:24
Your tax $$ at work. I'm sure glad the BAILOUT was successful.

'Government Motors' Starts Donating to Democrats

When General Motors went through bankruptcy last year, it suspended its political donations. Now that it's owned by the U.S. government, it's donating to lawmakers' pet projects again.

The carmaker gave $41,000 to groups associated with lawmakers, the vast majority of it -- $36,000 -- to the Congressional Black Caucus Foundation, the company reported on a disclosure form last week. The CBC Foundation is a charity with 11 members of the Congressional Black Caucus on its board.
PermalinkPermalink 08/06/10 @ 02:42
Comment from: robert [Visitor] Email
http://www.youtube.com/watch?v=5lvU-DislkI
PermalinkPermalink 08/06/10 @ 08:18
Gays And Blood Donation:

Sacrificing Public Safety For Political Correctness

August 5, 2010

Every so often, there will be some new outrage over the FDA’s policy on receiving blood donations from gay or bisexual men. Their policy is in place to prevent tainted blood donations, something that makes sense to most normal people. But still, some gay rights activists will occasionally realize that gays can’t donate, and they completely lose their minds. Gays only comprise about 1-3% of the American population, but we should apparently put all Americans at risk of receiving tainted blood transfusions so that the tiny minority of gays can feel good about themselves. It’s political correctness at its finest! Who cares if some innocent person gets AIDS and dies? The gays will feel useful, so it’s worth it!

A poster at Feministing is really upset about this “unfair discrimination”. In fact, the way she phrases it, the FDA and the CDC both colluded together in a massive conspiracy to excuse their anti-gay agenda with phony, fake statistics.

So look, FDA– and for that matter the CDC whose published statistics the FDA is using, but yet do not appear to cross-reference other demographic and behavioral risk factors to actually provide a nuanced picture of total risk for infection– get off your homophobic high-horse and stop hiding behind statistics that could blatantly be avoided by asking more than one lousy question that basically amounts to: “Are you gay?”

Well, let’s look at the FDA’s anti-gay conspiracy-theory phony statistics. Men who have had sex with men have an HIV prevalence 60 times higher than the general population, and the HIV prevalence in potential donors with history of male sex with males is 200 times higher than first time blood donors and 2000 times higher than repeat blood donors. Men who have had sex with men are also the largest group of blood donors to be found HIV positive. The FDA acknowledges that they are usually able to catch tainted blood donations, but that there would still be a small but definite increased risk if the policy on homosexual blood donations were reversed. Even if it was only one donation out of a million, there are over 20 million blood transfusions every year. And on top of the risk of infecting people with HIV/AIDS, homosexual men are also at an increased risk for Hepatitis B and C, as well as Human Herpes Virus-8, which can cause cancer.

But apparently, we should assume that all of these statistics aren’t true because a Feministing poster named Heather said so without giving any evidence to back up her point. Are we going to take that kind of a risk just to satisfy some sick idea about political correctness?

Whether PC femisogynist gay rights activists want to admit it or not, the truth is that tainted blood transfusions are still a risk. In 2002, two people contracted HIV through tainted blood transfusions. And this year, a VA hospital may have infected up to 1,800 veterans with HIV and hepatitis. There are several famous examples of other people who got AIDS from tainted blood, such as tennis great Arthur Ashe, teenager Ryan White, and Kimberly Bergalis. And while certainly not all tainted blood transfusions come from blood donated from gay men, the point is that tainted blood transfusions do happen. The likelihood is extremely rare, but it does happen. Being careful about who is allowed to donate blood minimizes the risk, but it is still there. Therefore, considering how gay and bisexual men are at such higher risk of contracting HIV/AIDS, it seems reasonable — to a reasonable person, anyways — to ban gay and bisexual men from donating blood. It’s an unnecessary risk to take.

This is continually made out to be an issue of discrimination when its actually an issue of public safety. Blood donations save lives, millions of lives, but it carries risk. You’re going on nothing more than someone’s word that they are healthy and safe to donate. It’s simply too great a risk to take. A tainted donor suffers nothing if they infect someone. Only the person who gets the tainted donation suffers. The only person who benefits from the added risk of high-risk blood donations are the people who get that warm, squishy feeling from satisfying the gods of political correctness, no matter what the cost. And the idea that someone would be OK with increasing the risk of HIV/AIDS just out of political correctness is despicable.

—–
PermalinkPermalink 08/06/10 @ 11:05
Comment from: Miguel [Visitor] Email
I can think of 1,138 reasons why the Supreme Court should legalize same-sex marriage. That's how many rights straight married couples have that gay couples do not. Social Security pensions, survivor benefits, custodial rights, income tax deductions. The list goes on and on. If I can't have equal rights, then why should I pay equal taxes?
PermalinkPermalink 08/06/10 @ 14:41
Comment from: JGA [Visitor] Email
The Federal Courts should stay out of this issue. Let the voters control it. State laws should reflect whatever decision is made at the ballot and not what a few legislators think.
PermalinkPermalink 08/06/10 @ 18:31
Comment from: fred [Visitor]
Miguel is correct. In this present day American society, gays are treated as less than citizens. Illegal Aliens have more rights.
PermalinkPermalink 08/07/10 @ 02:13
Comment from: John--- [Visitor] Email
fred: The way things are presently "illegal aliens" possess more rights and unwritten immunities than 98% of all American citizens.

Go sit in traffic court someday and you will clearly find out how drastically different the fines for the same offense are levied. A citizen is treated like a "patsie", told he must hire a lawyer at his own expense-"guilty or not" and threathened with seizure of property and income.

Illegal aliens are given free of charge an interpreter[paid for out of your pockets], a legal aid attorney, and doesn't have to show verifiably dated legal proof of residence or employment. Can skip town or go home to his country to avoid sentencing. And doesn't even have to commit to paper the name or business that verifies he/she is employed and isn't a transient or criminal. Go figure.
Don't you wish that you had it SO GOOD.

THESE WORTHLESS POLITICIANS should just ask any or every unemployed American currently on the roles today, if they would or wouldn't gladly pay a one time fine even if it amounted to thousands of dollars, to insure that they would be able to retain their former jobs and living quarters, and see if "their answers" aren't unanimous.
ISN'T IT SUPPOSED TO BE "THE EXCLUSIVE RIGHT OF CITIZENSHIP" TO HAVE "REPRESENTATION" IN COURTS OF LAW AND THE HALLS OF CONGRESS BY THE OFFICIALS THAT THEY ELECT AND WHOSE SALARIES ARE PAID WITH "THEIR EARNINGS"?
*Isn't "ability to pay" and therefore comply with a any judgment passed down by a court contingent on EMPLOYMENT? So why, or better yet how have 535 people been able to deny "inalienable rights" to the 300million who pay for their very existance?

THIS AMERICA IS BEING RUN LIKE A WHORE HOUSE WITH THE PIMPS & STRONG ARM LEGAL APPARATUS- "GONE WILD".
PermalinkPermalink 08/07/10 @ 14:12
Comment from: John--- [Visitor] Email
fred: The way things are presently "illegal aliens" possess more rights and unwritten immunities than 98% of all American citizens.

Go sit in traffic court someday and you will clearly find out how drastically different the fines for the same offense are levied. A citizen is treated like a "patsie", told he must hire a lawyer at his own expense-"guilty or not" and threathened with seizure of property and income.

Illegal aliens are given free of charge an interpreter[paid for out of your pockets], a legal aid attorney, and doesn't have to show verifiably dated legal proof of residence or employment. Can skip town or go home to his country to avoid sentencing. And doesn't even have to commit to paper the name or business that verifies he/she is employed and isn't a transient or criminal. Go figure.
Don't you wish that you had it SO GOOD.

THESE WORTHLESS POLITICIANS should just ask any or every unemployed American currently on the roles today, if they would or wouldn't gladly pay a one time fine even if it amounted to thousands of dollars, to insure that they would be able to retain their former jobs and living quarters, and see if "their answers" aren't unanimous.
ISN'T IT SUPPOSED TO BE "THE EXCLUSIVE RIGHT OF CITIZENSHIP" TO HAVE "REPRESENTATION" IN COURTS OF LAW AND THE HALLS OF CONGRESS BY THE OFFICIALS THAT THEY ELECT AND WHOSE SALARIES ARE PAID WITH "THEIR EARNINGS"?
*Isn't "ability to pay" and therefore comply with a any judgment passed down by a court contingent on EMPLOYMENT? So why, or better yet how have 535 people been able to deny "inalienable rights" to the 300million who pay for their very existance?

THIS AMERICA IS BEING RUN LIKE A WHORE HOUSE WITH THE PIMPS & STRONG ARM LEGAL APPARATUS- "GONE WILD".

Oh, did I forget, WHAT IS THE ILLEGAL ALIEN DOING IN TRAFFIC COURT. Doesn't that appearance, in itself signify PERSISTANT OFFENDER WITH SOCIOPATHETIC TENDENCIES?

No wonder they mandate that they don't allow cell phones and recording devices at these hearings, if they did there would have be enough grounds for dismissal and disbarrment to fill the Higher courts for centuries.
Oh well there goes your right to present factual evidence of corruption of the legal process as well. Doesn't it?

PermalinkPermalink 08/07/10 @ 14:21
Comment from: William [Visitor] Email
"The Federal Courts should stay out of this issue. Let the voters control it. State laws should reflect whatever decision is made at the ballot and not what a few legislators think."

By that standard, many states would have segregated schools, restricted voting, Jim Crow, and some slavery. Part of the idea of the Rule of Law includes the idea that the state will protect minorities from abuse by the majority.
PermalinkPermalink 08/07/10 @ 14:31
Comment from: Mike Q [Visitor]
Majority vote does not decide what the policy is,-the US constitution does. William is right.
PermalinkPermalink 08/07/10 @ 16:18
Comment from: Bill F. [Visitor] Email
"Majority vote does not decide what the policy is,-the US constitution does."


I agree but very sadly not according to this very corrupt, power hungry, Democratic Left Administration and Congress. They regularly ignore majority rule as well as the US Constitution on a perponderance of their socialistic prone policies.
PermalinkPermalink 08/08/10 @ 13:12
Comment from: Mike G [Visitor] Email
"I agree but very sadly not according to this very corrupt, power hungry, Democratic Left Administration and Congress. They regularly ignore majority rule as well as the US Constitution on a perponderance of their socialistic prone policies."-Bill F

Well said! We often hear from some that "the people" don't make the rules. In a Democratic Society the government should reflect for the most part, the will of the people, with few exceptions. If a government is consistently at odds with the people they serve, then either the people are corrupt or the government is corrupt.

I think the root of the problem can be explained in something Michele Obama said, "For the first time in my adult lifetime, I’m really proud of my country.." In other words, if for the most part, you see this country as corrupt and bad, then this Administration might be viewed as something good. On the other hand, if for the most part you love this country and its traditions, then Obama's thirst for change is an assault on what you value.

I think the polls are showing that most Americans love this country and it's traditions and do not buy into this wholesale change that this administration is shoving down our throats.
PermalinkPermalink 08/10/10 @ 11:28
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