Bishop v. United States: Oklahoma gay marriage

[heironymouspasparagus]

I think now would be a good time for a little drama.....



https://www.facebook.com/photo.php?v=10151452282261742&fref=nf

[cannon_fodder]

I will wait and see if the Supremes take it before I comment on the merits. I wouldn't rule anything out before it decides cert. Remember, the law of the land up until a few years ago was DOMA. So if the circuits agree or not is in part meaningless.

Guido...

The circuits agree BECAUSE of the DOMA decision.  In the past 2-3 years there has been no change in Court personnel.  What, pray tell, would change.

You've sniped in this thread since day one.  Lay out your logical argument.  I will start with the basics:

- Marriage is a fundamental right (Loving v. Virginia)
- the government must have a compelling interest reasonably related to restrictions on fundamental rights, and apply that interest in the least restrictive means possible
- Religion, tradition, and social bias are not justification for denial of rights, let alone fundamental rights (Lawrence v Texas)
- Fundamental rights apply to the states (14th Amendment)

So... Lay out your argument.  I've never seen you do so.

Will you go with States Rights (decided by civil war and the civil rights movement).
Maybe the procreation argument (decided by the fact that if gay get married, they still won't procreate and straight people still could).
Maybe the off beloved bastion of failed logic... The slippery slope.  Surely granting rights to cokpetent US Citizens will soon mean children and animals can get married!  (For example, now that black people can stay in white only hotels, now horses think they can too!)

Lay out your argument, or admit we are just blowing money we don't have on a political stunt.

[guido911]

Guido...

The circuits agree BECAUSE of the DOMA decision.  In the past 2-3 years there has been no change in Court personnel.  What, pray tell, would change.

You've sniped in this thread since day one.  Lay out your logical argument.  I will start with the basics:

- Marriage is a fundamental right (Loving v. Virginia)
- the government must have a compelling interest reasonably related to restrictions on fundamental rights, and apply that interest in the least restrictive means possible
- Religion, tradition, and social bias are not justification for denial of rights, let alone fundamental rights (Lawrence v Texas)
- Fundamental rights apply to the states (14th Amendment)

So... Lay out your argument.  I've never seen you do so.

Will you go with States Rights (decided by civil war and the civil rights movement).
Maybe the procreation argument (decided by the fact that if gay get married, they still won't procreate and straight people still could).
Maybe the off beloved bastion of failed logic... The slippery slope.  Surely granting rights to cokpetent US Citizens will soon mean children and animals can get married!  (For example, now that black people can stay in white only hotels, now horses think they can too!)

Lay out your argument, or admit we are just blowing money we don't have on a political stunt.

Your bullet points are gross oversimplifications, shallow, and condescending. Not interested. I also am not as excited as you are about this issue.   

[heironymouspasparagus]

Your bullet points are gross oversimplifications, shallow, and condescending. Not interested. I also am not as excited as you are about this issue.   

Deflection.  Dissemination.  Avoidance.


I gotta get enrolled in TU law school so I can perfect these techniques!  guido, can I get a letter of recommendation...??

[Cats Cats Cats]

Deflection.  Dissemination.  Avoidance.


I gotta get enrolled in TU law school so I can perfect these techniques!  guido, can I get a letter of recommendation...??

Hillary Clinton post in 3.....2.....1.....

[cannon_fodder]

Guido, it was you who resurrected this thread with the appeal post.  I'm not asking for a dissertation, but some bullets on point maybe.

[RecycleMichael]

Leave guido911 alone. He said he wanted to wait until other lawyers on the Supreme Court spoke so he would know what to say.

[guido911]

Leave guido911 alone. He said he wanted to wait until other lawyers on the Supreme Court spoke so he would know what to say.

Yeah. Leave me alone, because I always base my opinions on what others say. Not because I have any, say, actual experience in these matters...

[guido911]

Deflection.  Dissemination.  Avoidance.


I gotta get enrolled in TU law school so I can perfect these techniques!  guido, can I get a letter of recommendation...??

Just not as excited about this as others. I posted an update to this thread because, um, there was an update. And TU has standards last I checked. I can't help you. 

[heironymouspasparagus]

Just not as excited about this as others. I posted an update to this thread because, um, there was an update. And TU has standards last I checked. I can't help you. 

Yeah, they do....and I got in before you did!!  Already been there, done that, got the t-shirt...and the "ticket".  That's gotta sting, huh?

[Townsend]

Oklahoma Same Sex Marriage Case Appealed to High Court

http://publicradiotulsa.org/post/oklahoma-same-sex-marriage-case-appealed-high-court

TULSA, Okla. (AP) — The U.S. Supreme Court is being asked to decide whether Oklahoma's ban on gay marriage is constitutional.

The appeal was filed Wednesday by an organization representing Tulsa County Court Clerk Sally Howe Smith, who was sued after refusing to grant a marriage license to a same-sex couple several years ago.

The 10th U.S. Circuit Court of Appeals sided with the couple last month, upholding a federal judge's ruling that found the ban unconstitutional. However, those rulings are on hold as the case moves through the courts, meaning same-sex couples haven't been allowed to marry in Oklahoma.

The ban was overwhelmingly approved by voters in 2004. The couple who sued, Sharon Baldwin and Mary Bishop, challenged the ban shortly thereafter.

Utah also has appealed its overturned ban to the Supreme Court.

[Hoss]

Oklahoma Same Sex Marriage Case Appealed to High Court

http://publicradiotulsa.org/post/oklahoma-same-sex-marriage-case-appealed-high-court

It could also very well be that the SCOTUS will refuse to hear it.  Isnt' that what it's been doing lately (refusing to hear)?

[guido911]

Newer developments.

http://hotair.com/archives/2014/09/03/federal-judge-louisianas-law-banning-gay-marriage-is-constitutional/

[guido911]

The 7th Circuit finds gay marriage bans unconstitutional.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2014/D09-04/C:14-2526:J:Posner:aut:T:fnOp:N:1412339:S:0

[Conan71]

Not to worry, the Oklahoma Legislature will keep on passing gay marriage bans, even if a Constitutional amendment were ever passed I'm sure they would keep on with this nonsense.