Indiana ban on gay marriage ruled unconstitutional

[lj98]

I stand on the side of the Constitution.

You mean this constitution:

secure the Blessings of Liberty

or

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States,

or how about

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

We've already covered the 14th Amendment, but hey let's not forget

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

With this and other rulings, no one is infringing upon anyone's free exercise of religion unless of course that specific religion seeks to impose its will over non-believers.

 

[cobber]

Casuistry.

Without strong federalism, power will continue to flow to the center. Once lost, the States will not recover it.

The people will get a bone now and then to distract them, but the process will continue until the States are hollow shells completely dependent upon the federal government, just as the citizenry is becoming.

And we can slice the liberty argument all we want, but the power will no longer reside in the people in the way the Founders would have understood this.

I see nothing positive coming out of this in the long run.

 

[Liberty Sanders]

No, if you are an Indiana resident, the State powers were usurped. You don't think that's a problem?



And you the 10th, apparently, which would seem to be the only bulwark against an intrusive federal government.


Do you have a pen and a phone too? Because that's another way to circumvent the legislature.


How about the branches of government get out of each other's bailiwicks, and the fed stops poaching on State turf?



Thus spake one federal district court judge. Did anyone ever take the issue before the Indiana Courts of Appeal? So now can anyone with a rights argument circumvent the Indiana courts and run to a federal district court?

The state's rights have not been usurped, since no state HAS the power to violate its citizen's rights.

 

[CathyInBlue]

With this and other rulings, no one is infringing upon anyone's free exercise of religion unless of course that specific religion seeks to impose its will over non-believers.

^^^ THIS

Just as the power to swing your fist ends at the point of the other guy's nose, your power to refuse to recognize the other guys's marriage to another guy ends at the walls of your personal house of worship. People crying about the loss of religious liberty are living a fantasy that started in this society with the founding of Jamestown and the idea that political authority and religious authority should be one and the same. Legally speaking, that fantasy stopped with the 1st Amendment. It did not begin there. The people's liberty, in a free society, is over and above the collective liberty. It doesn't matter if the collective wants to tread upon liberty of the minority, whether it's herding all members of a particular religion into crematoria or denying those deemed "icky" from forming legally recognized pair bonds. That is the essence of the Republic. May the 9th Amendment see many more uses in more court cases in the future. The more it is, the less power there is at any level of government, federal, state, or local, and the more power there is in the hands of individuals. This is a good thing, from both the Indiana and Kentucky gay rights case and the Hobby Lobby case.

 

[Redhorse]

I can't believe something like gay marriage matters this much. Like really, who cares? How is this going to herald the end of civilization or fundamentally change our system of government?

 

[armedindy]

77 pages about gay marriage....and here i was thinking this was a firearms forum...

 

[Redhorse]

77 pages about gay marriage....and here i was thinking this was a firearms forum...

No kidding.

 

[CathyInBlue]

Welcome to the General, non-Firearms-based, Politics Forum. For your own safety, keep your hardhats on and don hearing and eye protection when directed.