Arkansas clerk issues 1st gay marriage license

jkcerda

macrumors 6502a
Original poster
Jun 10, 2013
682
38,996
Criminal Mexi Midget
EUREKA SPRINGS, Ark. (AP) — Two women were married on a sidewalk outside a county courthouse in Arkansas on Saturday, breaking a barrier that state voters put in place with a constitutional amendment 10 years ago.

A day after Pulaski County Circuit Judge Chris Piazza said the ban was "an unconstitutional attempt to narrow the definition of equality," Kristin Seaton, 27, and Jennifer Rambo, 26, exchanged vows at an impromptu ceremony, officiated by a woman in a rainbow-colored dress.
http://news.yahoo.com/arkansas-clerk-issues-1st-gay-marriage-license-151720247.html

congrats to Arkansas.
 

bradl

macrumors 601
Jun 16, 2008
4,006
11,823
I keep saying it but I can't believe how fast this is happening.
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.
 

rdowns

macrumors Penryn
Jul 11, 2003
27,345
12,409
I keep saying it but I can't believe how fast this is happening.

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.
 

bradl

macrumors 601
Jun 16, 2008
4,006
11,823
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.
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.
 

rdowns

macrumors Penryn
Jul 11, 2003
27,345
12,409
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.


Our perennial 50th state in most rankings, Mississippi.
 

bowens

macrumors 6502a
Jun 19, 2006
659
34
Trenton, FL
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.
 

iBlazed

macrumors 68000
Feb 27, 2014
1,593
1,224
New Jersey, United States
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.
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.
 

bradl

macrumors 601
Jun 16, 2008
4,006
11,823
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.
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:

The one pervading evil of democracy is the tyranny of the majority, or rather of that party, not always the majority, that succeeds, by force or fraud, in carrying elections.
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.
 

bowens

macrumors 6502a
Jun 19, 2006
659
34
Trenton, FL
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.
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?
 

bradl

macrumors 601
Jun 16, 2008
4,006
11,823
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?
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.
 

Technarchy

macrumors 604
May 21, 2012
6,747
4,885
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.
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.
 

Moyank24

macrumors 601
Aug 31, 2009
4,334
2,421
in a New York State of mind
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
 

Ugg

macrumors 68000
Apr 7, 2003
1,985
15
Penryn
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.
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.
 

bradl

macrumors 601
Jun 16, 2008
4,006
11,823
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
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.
 

SwiftLives

macrumors 65816
Dec 7, 2001
1,339
240
Charleston, SC
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.
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).
 
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tgara

macrumors 6502a
Jul 17, 2012
993
2,733
Connecticut, USA
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?
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
 

Moyank24

macrumors 601
Aug 31, 2009
4,334
2,421
in a New York State of mind
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).
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.
 

Ugg

macrumors 68000
Apr 7, 2003
1,985
15
Penryn
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.
 

iBlazed

macrumors 68000
Feb 27, 2014
1,593
1,224
New Jersey, United States
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.
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...