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I am really on the fence a bit on the whole issue random thoughts Send a noteboard - 05/08/2010 06:00:59 PM
I oppose judicial activism in theory but I also think the clean air act violates states rights but support the law regardless since I have become somewhat addicted to breathing. I support gay marriage and think the laws banning it are misguided and petty. I think the courts can and should be used to bring about positive social change and the 14th amendment is a great tool for that. I also think this ruling takes the country to far to fast and the fact that the court is operating without the support of the other branches makes what they are doing less legitimate and I believe ultimately less likely to succeed.

Since I am fairly confident that ruling will be overturned and I am interested to see what the affect will be. I think the best outcome for people who support marriage rights would be for the supreme court to overturn the ruling but the process it self bring more focus and attention to the issue. There was a time when I opposed gay marriage simply because I was raised to think it was wrong. When I was forced to defend that position I found nothing supporting it but bigotry and I was forced to change. I don’t expect everyone to react that way but we are herd animals at heart and if enough people can be moved the whole herd starts to move. I think that is happening now but this could spook them and send the other direction.
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Judge rules California's ban on same-sex marriage is unconstitutional - 04/08/2010 10:40:50 PM 1569 Views
Thank God. *NM* - 04/08/2010 10:52:30 PM 458 Views
Amen. *NM* - 05/08/2010 02:09:24 AM 519 Views
Good news, but as the article says, it'll go all the way to the SC. - 04/08/2010 10:55:58 PM 880 Views
So then is that how we do it? - 04/08/2010 11:01:19 PM 1016 Views
Of course. - 04/08/2010 11:04:59 PM 915 Views
His point was - 04/08/2010 11:40:14 PM 1056 Views
Yeah but: What Ghavrel said below *NM* - 05/08/2010 08:01:02 AM 510 Views
And again... - 05/08/2010 06:08:56 PM 781 Views
well that is sort of the idea of how democracy works - 04/08/2010 11:06:57 PM 897 Views
I'm not the one who came up with the referendum system, you do realize. - 04/08/2010 11:11:13 PM 904 Views
The referendum system, in my opinion, has been a failure, especially in CA. - 04/08/2010 11:46:21 PM 994 Views
democracy has been a failure in CA. - 05/08/2010 02:42:21 PM 769 Views
No. It just shows the problems of a crazy electorate. - 05/08/2010 03:29:21 PM 911 Views
I think you made my point *NM* - 05/08/2010 03:35:00 PM 492 Views
About Californians being crazy, yes. *NM* - 05/08/2010 04:53:32 PM 471 Views
we vote fro way to much crap in general - 05/08/2010 02:41:19 PM 864 Views
Yeah, I agree. - 05/08/2010 04:11:34 PM 843 Views
my one recent dealing with our criminal justice - 05/08/2010 04:25:30 PM 867 Views
There are certain things that should not be decided by a vote... - 05/08/2010 02:02:45 AM 933 Views
I do agree with you on that. Hell yes, and on a subject like this in particular. - 05/08/2010 02:17:24 AM 946 Views
Re: I do agree with you on that. Hell yes, and on a subject like this in particular. - 05/08/2010 10:46:54 AM 932 Views
I understand it. - 05/08/2010 03:06:40 PM 941 Views
I know you don't support proposition 8 - 05/08/2010 03:29:34 PM 936 Views
- 05/08/2010 03:34:01 PM 948 Views
But that is just simplistic and silly to complain about when it is a long standing possibility - 05/08/2010 03:46:59 PM 853 Views
Oh, ees it? - 05/08/2010 04:07:39 PM 964 Views
Well they knew the rules before they started the whole thing - 05/08/2010 04:12:33 PM 852 Views
Why would you complain if you won? - 05/08/2010 04:15:20 PM 912 Views
You could recognise that you won by the system working in a way you don't like? - 05/08/2010 04:23:58 PM 784 Views
I'm sure that happens, in general. - 06/08/2010 02:43:18 PM 835 Views
It seems to happen a lot nowadays - 06/08/2010 03:06:33 PM 809 Views
instead it should be decided by judges who answer to no one? *NM* - 05/08/2010 07:12:59 AM 466 Views
The same judges who upheld our private right to bear arms. - 05/08/2010 02:09:07 PM 935 Views
not when judges stop using the Constitution - 05/08/2010 02:30:51 PM 914 Views
Sexual preference is not the right being protected. - 05/08/2010 03:22:04 PM 981 Views
I know that the 14th amendment is routinely used in ways it was never intended. - 05/08/2010 05:25:07 PM 887 Views
I realize that, but it is ultimately a good thing. - 05/08/2010 05:31:19 PM 957 Views
I am really on the fence a bit on the whole issue - 05/08/2010 06:00:59 PM 926 Views
I generally agree with you. - 05/08/2010 06:33:56 PM 916 Views
let's take away the citizenship of all black people if that's the way you think - 05/08/2010 09:06:23 PM 824 Views
Come now lets not be stupid - 06/08/2010 05:31:18 PM 783 Views
sorry but your statement was completely ignorant. - 06/08/2010 07:27:09 PM 896 Views
I will talk as soon as you stop spouting stupid rhetoric and say something relevant - 06/08/2010 07:54:09 PM 867 Views
bullshit. you will personally attack me no matter what i say. - 07/08/2010 02:04:04 PM 909 Views
Let's just be clear about which amendment is which. - 05/08/2010 11:50:57 PM 827 Views
but that still ignores intent and expands the law in ways not intnented when it created - 06/08/2010 04:53:43 AM 833 Views
Yes, no, no, and no. - 06/08/2010 05:29:09 AM 896 Views
there are serious flaws in your thinking here - 06/08/2010 06:18:13 PM 965 Views
Your assertions continue to lack support. - 06/08/2010 07:23:17 PM 995 Views
not all you just refuse to see things you disagree with - 06/08/2010 08:36:32 PM 947 Views
...said the pot to the kettle - 06/08/2010 09:17:28 PM 1030 Views
yes but a shiny stainless steel pot - 09/08/2010 11:21:33 PM 1092 Views
You continue to be wrong about history and the role of courts. - 10/08/2010 01:05:39 AM 1429 Views
If he's wrong, a lot of law scholars and Supreme Court Justices are wrong. - 10/08/2010 01:44:05 AM 862 Views
Brown vs. Board of Education, 'nuff said. *NM* - 10/08/2010 04:32:37 AM 458 Views
part oif the problem appears to be you completely missing the point - 10/08/2010 01:23:19 PM 1078 Views
let my simplify my argument - 10/08/2010 01:42:47 PM 804 Views
Since when is marriage a right? *NM* - 05/08/2010 04:11:16 PM 443 Views
it may not be a "right"... - 05/08/2010 04:22:44 PM 819 Views
This is where the debate comes into play.... - 05/08/2010 05:04:08 PM 834 Views
How much would it change the debate if it was nurture, really? - 05/08/2010 09:48:22 PM 891 Views
except this is not merely a matter of changing society - 05/08/2010 11:18:48 PM 914 Views
1948. *NM* - 05/08/2010 04:50:30 PM 506 Views
It's a benefit that is being extended selectively to one set of the populace. - 05/08/2010 04:52:52 PM 901 Views
Hey, I'm single.... - 05/08/2010 05:05:41 PM 832 Views
That's a specious argument and you know it. - 05/08/2010 05:13:17 PM 882 Views
A homosexual has every opportunity as well..... - 05/08/2010 05:23:56 PM 828 Views
Oh quit the bullshit already. - 05/08/2010 05:29:15 PM 1078 Views
Slow your role... - 05/08/2010 09:08:54 PM 948 Views
Your religious beliefs have 100% to do with your position. - 05/08/2010 09:43:23 PM 968 Views
Sorry, but what a nonsense. - 05/08/2010 09:27:17 PM 817 Views
hey that's it, jens! you solved the WHOLE PROBLEM!!! - 05/08/2010 11:24:29 PM 942 Views
ON TO WORLD HUNGER! - 06/08/2010 07:59:51 AM 852 Views
LET THEM HAVE CAEK. *NM* - 06/08/2010 02:29:56 PM 436 Views
Are you sure it's wise to feed people on a lie? *NM* - 06/08/2010 02:34:26 PM 520 Views
People are fed lies all the time - 06/08/2010 09:30:37 PM 829 Views
I agree with you - 05/08/2010 05:06:40 PM 871 Views
That's not valid. - 05/08/2010 05:26:50 PM 885 Views
I invite you to read the judge's conclusions, linked again inside. - 05/08/2010 11:43:44 PM 941 Views
Since 1948 - 06/08/2010 04:01:02 AM 1066 Views
gah. can. only. see. typo. *NM* - 06/08/2010 03:43:21 PM 426 Views
I don't see any typo... *NM* - 06/08/2010 04:07:18 PM 485 Views
Open the link. *NM* - 06/08/2010 04:47:04 PM 580 Views
Oh, right. Yeah, that does kinda detract from things. *NM* - 06/08/2010 04:48:47 PM 467 Views
I agree - 05/08/2010 07:22:17 AM 891 Views
And Civil Rights lost the Democrats the South. - 05/08/2010 03:44:56 PM 897 Views
but it was done by congress passing laws and the president signing those laws - 05/08/2010 04:20:19 PM 839 Views
uhm, what? - 05/08/2010 04:24:43 PM 852 Views
those were mostly rulings up holding laws not stiking them down - 05/08/2010 05:05:15 PM 919 Views
I was under the impression that the supreme court had a role in it - 05/08/2010 04:31:51 PM 838 Views
but the court was not over turning the laws passed by congress - 05/08/2010 05:11:06 PM 905 Views
No, like in this case, isn't it? - 05/08/2010 05:24:19 PM 810 Views
I would say that is another case of judicial activism and shows the danger of the practice - 05/08/2010 05:43:02 PM 798 Views
Which one is? I imagine from different view points both are. - 06/08/2010 10:34:11 AM 790 Views
The law wasn't constitutional. - 07/08/2010 06:17:04 AM 820 Views
well it will take a higher court to decide that - 09/08/2010 10:46:15 PM 861 Views
Hard to believe it's the same governor who said "Gay marriage should be between a man and a woman." *NM* - 04/08/2010 11:05:45 PM 530 Views
Or "Iff it bleeds we can kill itt!" *NM* - 04/08/2010 11:14:45 PM 510 Views
Another step in the right direction. *NM* - 04/08/2010 11:08:15 PM 531 Views
Link to the full court order inside: - 04/08/2010 11:43:29 PM 1042 Views
The judge quoting Scalia in favour of gay marriage is fairly amusing. - 04/08/2010 11:50:47 PM 884 Views
What page was that on? - 05/08/2010 11:25:49 AM 797 Views
Nah, it was way above page 109, in the findings of fact somewhere. - 05/08/2010 12:37:48 PM 912 Views
Oh, that is brilliant. - 05/08/2010 01:12:21 PM 827 Views
Pretty much. - 05/08/2010 01:44:22 PM 961 Views
I've always wondered what basis there is for banning necrophilia if "it's disgusting" is invalid. - 05/08/2010 01:51:19 PM 902 Views
because you cannot give consent when you are dead? - 05/08/2010 03:04:46 PM 904 Views
what if you give consent while you are still alive? - 05/08/2010 03:21:59 PM 971 Views
Is it then illegal? - 05/08/2010 03:23:46 PM 895 Views
I would think it would be illegal even then - 05/08/2010 03:34:31 PM 903 Views
Wikipedia to the rescue! - 05/08/2010 04:20:15 PM 1076 Views
A dead body is just an object, not a person with rights. - 05/08/2010 03:27:08 PM 894 Views
Yes, but - 06/08/2010 08:42:05 AM 851 Views
Absolutely not. - 06/08/2010 03:21:14 PM 906 Views
not to mention necrophilia has a large potential to be hazardous to health. - 06/08/2010 09:42:43 PM 995 Views
That was a very well written judgement. - 05/08/2010 11:24:38 AM 895 Views
- 05/08/2010 12:10:02 AM 905 Views
Totally agree. - 05/08/2010 01:01:42 PM 938 Views
+1 *NM* - 05/08/2010 03:42:08 PM 477 Views
Irrelevant decision.....this was heading to SCOTUS from day 1 *NM* - 05/08/2010 12:53:26 AM 486 Views

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