LawTalkers  

Go Back   LawTalkers > General Discussion > Politics

» Site Navigation
 > FAQ
» Online Users: 765
0 members and 765 guests
No Members online
Most users ever online was 4,499, 10-26-2015 at 08:55 AM.
Closed Thread
 
Thread Tools Display Modes
Old 02-20-2004, 05:19 PM   #1876
Mmmm, Burger (C.J.)
Moderator
 
Mmmm, Burger (C.J.)'s Avatar
 
Join Date: Mar 2003
Location: Pop goes the chupacabra
Posts: 18,532
SF Gay Marriage

Quote:
Originally posted by sgtclub
That's my take as well. So the question is, what the hell is AS doing in Sacramento? This is truly disappointing behavior, as I see it, because he's afraid of being the bad guy even if it's the right thing to do under the law.
Fill me in, because CNN reported his satement to be:

Quote:
"The marriage certificates submitted to the Department of Health Services by the city and county of San Francisco fail to meet legal standards," Schwarzenegger said in a statement on his Web site.
Should he not let the litigation run its course? If he makes a declaration, there's still litigation.
Mmmm, Burger (C.J.) is offline  
Old 02-20-2004, 05:27 PM   #1877
Atticus Grinch
Hello, Dum-Dum.
 
Atticus Grinch's Avatar
 
Join Date: Mar 2003
Posts: 10,117
SF Gay Marriage

Quote:
Originally posted by Mmmm, Burger (C.J.)
I have to assume that any ruling declaring such marriages illegal would also make all such marriages null and void. Does waiting in line for a nullity mean something? Or is it the souvenir piece of paper that comes with it? (plus photos!)
I think some were in it for the symbolic "fuck you" to the DOMA; others wanted to be part of the inevitable test cases. At this point, it's taken on a life of its own. The gay rights movement is, even more than the civil rights movement, defined by individual outbursts that are only later recognized as watershed moments (Stonewall riots, White Nights, etc.).

The Chron's D.C. bureau chief says his inside-the-beltway take was that the Washington pols are watching it on TV and are surprised to see a lot of genuinely normal people kissing each other and making life commitments. They were expecting the usual Exotic Erotic/Folsom St. Fair/ACT UP!/Sisters of Perpetual Indulgence freakshows. This may go a long way toward mainstreaming the gay rights movement. There is a silent majority of gay people who are kind of tired of the gay rights agenda being set by people wearing buttless chaps and dog collars.
Atticus Grinch is offline  
Old 02-20-2004, 05:28 PM   #1878
sgtclub
Serenity Now
 
sgtclub's Avatar
 
Join Date: Mar 2003
Location: Survivor Island
Posts: 7,007
SF Gay Marriage

Quote:
Originally posted by Mmmm, Burger (C.J.)
Fill me in, because CNN reported his satement to be:



Should he not let the litigation run its course? If he makes a declaration, there's still litigation.
My problem is (1) he waited more than a week to do anything, and (2) didn't do anything until the city filed suit. He is the top executive in the state, it is ultimately his responsibility to enforce the laws.
sgtclub is offline  
Old 02-20-2004, 05:30 PM   #1879
Atticus Grinch
Hello, Dum-Dum.
 
Atticus Grinch's Avatar
 
Join Date: Mar 2003
Posts: 10,117
SF Gay Marriage

Quote:
Originally posted by sgtclub
My problem is (1) he waited more than a week to do anything, and (2) didn't do anything until the city filed suit. He is the top executive in the state, it is ultimately his responsibility to enforce the laws.
Yes. He'll just tell the state's lawyer to . . . oh, wait.
Atticus Grinch is offline  
Old 02-20-2004, 05:54 PM   #1880
The Larry Davis Experience
silver plated, underrated
 
Join Date: Aug 2003
Location: Davis Country
Posts: 627
SF Gay Marriage

Quote:
Originally posted by Mmmm, Burger (C.J.)
Polygamist.

No expert, but it seems that a specific constitutional amendment specifying what marriage is (one man/one woman) would trump a general one about equality and non-discrimination, unless there's some first-in-time, first-in-right interpretative maxim.
The one man/one woman thing is in the CA Family Code. The claim is that the constitutional equal protection/due process provisions trump the statute.
The Larry Davis Experience is offline  
Old 02-20-2004, 06:11 PM   #1881
Mmmm, Burger (C.J.)
Moderator
 
Mmmm, Burger (C.J.)'s Avatar
 
Join Date: Mar 2003
Location: Pop goes the chupacabra
Posts: 18,532
SF Gay Marriage

Quote:
Originally posted by The Larry Davis Experience
The one man/one woman thing is in the CA Family Code. The claim is that the constitutional equal protection/due process provisions trump the statute.
Okay. That's a less DOA argument.
Mmmm, Burger (C.J.) is offline  
Old 02-20-2004, 06:27 PM   #1882
The Larry Davis Experience
silver plated, underrated
 
Join Date: Aug 2003
Location: Davis Country
Posts: 627
SF Gay Marriage

Quote:
Originally posted by Mmmm, Burger (C.J.)
Okay. That's a less DOA argument.
And it looks like a county clerk in New Mexico may have an even better argument:

Quote:
Sandoval County Clerk Victoria Dunlap says the county plans to issue marriage licenses for same-sex couples.

She made the decision after asking for an opinion from the county attorney, who said New Mexico law isn't clear on the issue. He also says refusing to issue marriage licenses to gay couples could open the county to legal action.

State law defines marriage as a civil contract between contracting parties. It doesn't mention gender.
http://www.wane.com/Global/story.asp?S=1656147
The Larry Davis Experience is offline  
Old 02-20-2004, 06:32 PM   #1883
Mmmm, Burger (C.J.)
Moderator
 
Mmmm, Burger (C.J.)'s Avatar
 
Join Date: Mar 2003
Location: Pop goes the chupacabra
Posts: 18,532
SF Gay Marriage

Quote:
Originally posted by The Larry Davis Experience
And it looks like a county clerk in New Mexico may have an even better argument:


State law defines marriage as a civil contract between contracting parties. It doesn't mention gender.
Polygamists rejoice!
Mmmm, Burger (C.J.) is offline  
Old 02-20-2004, 06:36 PM   #1884
sgtclub
Serenity Now
 
sgtclub's Avatar
 
Join Date: Mar 2003
Location: Survivor Island
Posts: 7,007
SF Gay Marriage

Quote:
Originally posted by Mmmm, Burger (C.J.)
Polygamists rejoice!
I may have to ask all 7 of my GFs to marry me if this trend continues.
sgtclub is offline  
Old 02-20-2004, 06:53 PM   #1885
ltl/fb
Registered User
 
ltl/fb's Avatar
 
Join Date: Mar 2003
Location: Flyover land
Posts: 19,042
SF Gay Marriage

Quote:
Originally posted by sgtclub
I may have to ask all 7 of my GFs to marry me if this trend continues.
Slut. Though, asking isn't certain to result in marriage, particularly if you call anyone female who speaks to you in person "girlfriend."
ltl/fb is offline  
Old 02-20-2004, 07:03 PM   #1886
sgtclub
Serenity Now
 
sgtclub's Avatar
 
Join Date: Mar 2003
Location: Survivor Island
Posts: 7,007
SF Gay Marriage

Quote:
Originally posted by ltl/fb
Slut. Though, asking isn't certain to result in marriage, particularly if you call anyone female who speaks to you in person "girlfriend."
You are right, I meant to say all 7 of my internet GFs - I guess it's 8 including you.
sgtclub is offline  
Old 02-20-2004, 07:21 PM   #1887
ltl/fb
Registered User
 
ltl/fb's Avatar
 
Join Date: Mar 2003
Location: Flyover land
Posts: 19,042
SF Gay Marriage

Quote:
Originally posted by sgtclub
You are right, I meant to say all 7 of my internet GFs - I guess it's 8 including you.
Christ, that is a low threshold. Threshhold. Threshhhold.

edited to mock spelling -- T.S.
ltl/fb is offline  
Old 02-20-2004, 07:34 PM   #1888
Tyrone Slothrop
Moderasaurus Rex
 
Tyrone Slothrop's Avatar
 
Join Date: May 2004
Posts: 33,050
SF Gay Marriage

Quote:
Originally posted by Mmmm, Burger (C.J.)
What's the thinking on that? I have to assume that any ruling declaring such marriages illegal would also make all such marriages null and void. Does waiting in line for a nullity mean something? Or is it the souvenir piece of paper that comes with it? (plus photos!)
They want to get married.
__________________
“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
Tyrone Slothrop is offline  
Old 02-20-2004, 07:35 PM   #1889
Tyrone Slothrop
Moderasaurus Rex
 
Tyrone Slothrop's Avatar
 
Join Date: May 2004
Posts: 33,050
SF Gay Marriage

Quote:
Originally posted by Atticus Grinch
There is a silent majority of gay people who are kind of tired of the gay rights agenda being set by people wearing buttless chaps and dog collars.
But I, for one, find it titillating.
__________________
“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
Tyrone Slothrop is offline  
Old 02-20-2004, 07:36 PM   #1890
Tyrone Slothrop
Moderasaurus Rex
 
Tyrone Slothrop's Avatar
 
Join Date: May 2004
Posts: 33,050
SF Gay Marriage

Quote:
Originally posted by sgtclub
You are right, I meant to say all 7 of my internet GFs - I guess it's 8 including you.
9 if you include Not Me.
__________________
“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
Tyrone Slothrop is offline  
Closed Thread


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Powered by vBadvanced CMPS v3.0.1

All times are GMT -4. The time now is 11:58 PM.