Arkansas clerk issues 1st gay marriage license

Discussion in 'Politics, Religion, Social Issues' started by jkcerda, May 10, 2014.

  1. jkcerda macrumors 6502

    jkcerda

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    #1
    http://news.yahoo.com/arkansas-clerk-issues-1st-gay-marriage-license-151720247.html

    congrats to Arkansas.
     
  2. bradl macrumors 68040

    bradl

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    #2
  3. Ugg macrumors 68000

    Ugg

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    #3
    I keep saying it but I can't believe how fast this is happening.
     
  4. bradl macrumors 68040

    bradl

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    #4
    From what I heard over the weekend from various news bumps, couples are planning (if they haven't started already) to storm every Justice of the Peace for marriage licenses before that inevitable appeal is filed and stay occurs.

    BL.
     
  5. Moyank24 macrumors 601

    Moyank24

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    #5
    Amazing, isn't it?

    All that has happened in the last year (geeze, even since the beginning of this year) is mind blowing.
     
  6. rdowns macrumors Penryn

    rdowns

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    #6

    I'd say it will be settled and legal in all 50 states before the next Presidential election. Won't even be a campaign issue for Reps. by then.
     
  7. bradl macrumors 68040

    bradl

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    #7
    Heh.. Everybody's bets at the sports book got messed over with the last few.. OK has it in the courts, TX has it in the courts, AR has it legal.. If we placed bets again, which do you see being the last state to legalize it?

    BL.
     
  8. swiftaw macrumors 603

    swiftaw

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    #8
  9. rdowns macrumors Penryn

    rdowns

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    #9


    Our perennial 50th state in most rankings, Mississippi.
     
  10. bowens macrumors 6502a

    bowens

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    #10
    Not saying anything one way or another about gay marriage, but I don't get how one judge can overturn the vote of millions of citizens. Seems like it should at least go to the state supreme court.
     
  11. iBlazed macrumors 68000

    iBlazed

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    #11
    Because the citizens don't get to pass unconstitutional laws. Gay marriage bans are a blatant constitutional violation, regardless of how they were put into law.
     
  12. bradl macrumors 68040

    bradl

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    #12
    Because they have to interpret the constitutionality of such laws, regardless of how many how many people voted for them.

    If a law were passed by a million or so people that violated the 14th Amendment right of another million or so people, the law is still wrong, and needs to be overturned.

    Lord Acton said:

    A major reason as to why we are not a democracy, but a constitutional republic, where the needs of the minority must also be considered and protected.

    BL.
     
  13. bowens macrumors 6502a

    bowens

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    #13
    Shouldn't new laws be looked at for their legality before they are passed? I'm no constitutional expert. That would just make sense to me. Why allow a constitutional amendment or new law if it violates the constitution?
     
  14. bradl macrumors 68040

    bradl

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    #14
    One would think. But to put it simply: laws aren't laws until they are passed by the legislative branch, and signed into law by the executive branch. It would then be up to the judicial branch to interpret if they are constitutional or not.

    Until they are passed, they are simply proposed bills, which are argued and debated.

    BL.
     
  15. Technarchy macrumors 603

    Technarchy

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    #15
    It certainly would be beneficial in many cases if newly minted laws had to pass legal scrutiny before being enacted and enforced.

    The poor dont have the means fight shady laws, and the rich always get a pass.

    An unconstitutional law could be used as a weapon for years before being struck down.
     
  16. Moyank24 macrumors 601

    Moyank24

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    #16
    There's a few threads that should probably be merged, but today the ban in Idaho has been struck down as unconstitutional.

    They're dropping quicker than rednecks watching Michael Sam kiss his boyfriend!! :D
     
  17. Ugg macrumors 68000

    Ugg

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    #17
    I hope so.

    The demise of DADT, is IMO, Obama's greatest achievement, mostly because by the time it became official, everybody was over it. He was a community organizer, they achieve success by gently prodding, suggesting and nudging, I'm convinced that behind all these court judgments is a large force of his cronies cajoling the reluctant. He will not be viewed as the greatest president but his signature achievements will be viewed as brilliant for their game plans.
     
  18. bradl macrumors 68040

    bradl

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    #18
    This again screws with my bets!

    So now, I'd have to say that the last four will be the Dakotas, Nebraska, and Mississippi.

    BL.
     
  19. SwiftLives, May 14, 2014
    Last edited: May 14, 2014

    SwiftLives macrumors 65816

    SwiftLives

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    #19
    My money is on South Carolina being fairly close to the last of 'em.

    They just stripped money ($52k) from the College of Charleston for assigning a book that featured homosexuality.

    They also shut down a Gender Studies Center in the Upstate because they put on a satirical play that some lawmakers viewed as indoctrinating women into lesbianism. I might add that the budget for programming at the gender studies center was $500/year.

    These cuts were made by a wacko Upstate senator by a very sketchy voice vote yesterday.

    I am so looking forward to the day when heads explode in Columbia. (You can take as many meanings out of that as you'd like).
     
  20. iBlazed, May 14, 2014
    Last edited: May 14, 2014

    iBlazed macrumors 68000

    iBlazed

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    #20
  21. tgara macrumors 6502a

    tgara

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    #21
    Courts require there to be a "case or controversy" before they can hear it. Courts are also forbidden from offering advisory opinions on laws or legislation without a case or controversy.

    So what has to happen is that the law is passed, then someone must be actually injured by it, then they sue. Once they sue (assuming they have proper standing to be before the court), the court will hear it and adjudicate it.

    http://en.wikipedia.org/wiki/Case_or_Controversy_Clause
     
  22. Moyank24 macrumors 601

    Moyank24

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    #22
    It may be closer than you think. Remember, the states themselves aren't overturning these laws, the courts are. There is a case heading to appeals court as we speak, but they are waiting on a decision from a Virginia case that may have some far reaching consequences.
     
  23. iBlazed macrumors 68000

    iBlazed

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    #23
    Gay marriages resumed today in Arkansas, and this time most likely permanently. I wonder why the state is under the impression their appeal has a chance of succeeding, when the Arkansas Supreme Court wouldn't even grant a stay on the lower court ruling.
     
  24. Ugg macrumors 68000

    Ugg

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    #24
    I graduated from HS in 1980. The only remotely gay friendly news item that year was when Aaron Fricke took his boyfriend to the prom. He wrote a book, Reflections of a Rock Lobster.

    Of course the next few years would see countless men mown down by AIDS. So many would have loved to have been married to their partners. I cry every time I read something like this. I never thought it would happen in my lifetime.

    It seems as though every week some hugely momentous event occurs where LGBT Americans are finally being treated as equals. I still can't believe it but I'm so incredibly happy for the gay kids who will grow up never knowing what it's like to be only a 'partial' US citizen. I wish there was an emoticon for happy tears.
     
  25. iBlazed macrumors 68000

    iBlazed

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    #25
    It truly is miraculous. There's a lot of things to criticize about our country, but events like this restore your faith and give you hope for logic and reason prevailing in the future. Some people are very pessimistic about the future, but I think it will be pretty colorful...
     

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