Mich. gay marriage appeal will follow...

Mich. gay marriage appeal will follow usual track

There are 54 comments on the WJRT story from Apr 29, 2014, titled Mich. gay marriage appeal will follow usual track. In it, WJRT reports that:

The court says the state's appeal of a decision overturning a ban on same-sex marriage will follow the usual course.

Join the discussion below, or Read more at WJRT.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#21 Apr 29, 2014
The clock be ticking...

“From a distance...”

Since: Apr 08

Planet Earth

#22 Apr 29, 2014
Joe wrote:
The judge in the case said the state had not offered compelling evidence that same sex marriages should not be allowed. In my view, it is not the state's responsibility to justify its laws to a federal judge.
Your view is incorrect.
Joe wrote:
According to the Eerie Doctrine (a 1938 Supreme Court case), the federal government can't interfere in or dictate state laws unless there is a federal supremacy issue.
That's also incorrect. The Erie doctrine applies in cases of diversity jurisdiction (where the plaintiffs and defendants of a legal case reside in different states). The challenges to state constitutional amendments prohibiting legal recognition of same sex marriages aren't diversity jurisdiction cases since the plaintiffs are citizens of the state suing they are suing.

The Erie Doctrine also applies only to cases where there are no federal questions at issue. The basis for these legal challenges is violation of the federal constitution, which makes them federal questions and thus not subject to the Erie Doctrine.

So bottom line is, you're wrong.
Joe wrote:
The gay case is rooted in equal protection provisions of the 14th amendment and due process provisions of the 5th and 14th amendments, neither of which apply. The equal protection clause does not provide protections for individuals or groups; it demands equal application of the law.
Equal protection and due process most certainly apply to individual citizens. The relevant text of the 14th amendment is:

"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."

So once again, you're simply wrong.
Joe wrote:
Where states ban same gender marriage, it is still legal for homosexuals to marry if they marry a person of the opposite gender, so marriage is not being denied them. They have all the equality applied to the rest of us normal people.
Anti-miscegenation laws applied equally to blacks and whites yet were still ruled unconstitutional. You ned to learn the difference between equal application of the law and the constitutional requirement of equal protection of the laws.

The gender restriction on exercising a fundamental right like marriage discriminates against gays based on their sexual orientation and deprives them of their personal liberty interest in selecting a marriage partner compatible with their sexual orientation. Laws that restrict or infringe a fundamental right must have a legitimate compelling state interest in order to be deemed constitutional. And since the SCOTUS ruling in Windsor, no federal court has found a compelling interest to justify such a restriction.
Joe wrote:
Due process means the state cannot deprive citizens of life, liberty or property without due process of law. States deprive citizens of all three all the time, because the process is codified in law. Thus, if a prohibition against same sex marriage is codified in law, that is all that is required of due process.
If simply passing a law was all that was required to pass constitutional muster, no laws would ever be declared unconstitutional, would they? Since that's not the case, you're wrong once more.
Joe wrote:
By the way, the term "gay rights" is a fraudulent name. Not one word in the constitution confers rights of any kind upon anybody anywhere based on their sexual practices. Not even a syllable!
Unfortunately for you, your uninformed opinion has no relevance or weight in constitutional law. Marriage isn't mentioned in the constitution either but it's nonetheless been ruled a fundamental right.

You really should just shut up and take a constitutional law class before you embarrass yourself further.
Austin

Buffalo, NY

#23 Apr 29, 2014
Okay people let's get this straight! Homosexuality is NOT a sin! It should be celebrated as an evolutionary mechanism. There are many species of animals that exist on this planet that exert homosexual behaviors. That being said, homosexuality is natural and part of evolution. If he game man marries a straight woman, how do you think the relationship will turn out? How is it fair that a woman cannot have an intimate relationship with a gay man just because a he is forced to marry her? By the Constitution, every american citizen (legal) in the United States must have equal rights and protection by law! With that being said no state should ever considered anti-homosexuality/gay marriage ban laws. There are many psychological and biological factors that influence sexual orientation during prenatal development. The anterior hypothalamus is the portion of the brain that controls sexual orientation and sexual behavior. The interstitial nuclei of the anterior hypothalamus (INAH-3) they cluster of neurons that exists within the anterior hypothalamus. The size of these clusters is what determines the sexual orientation of a person whether they be male or female. Another biological factor sexual orientation includes the number of successive male babies a mother has due to the fact that her antibodies become better at fighting off (for a male baby) the masculine chromosome (Y). By the mother attacking this chromosome with her antibodies, this increases the femininity of the male baby. Also stress hormones from the mother can also affect the sexual orientation of the baby (specifically male babies). Androstenedione is a stress hormone that mimics Testosterone. Because of the fact that it mimics Testosterone, it is known as an inhibitory neurotransmitter; which means that Androstenedione blocks Testosterone from binding to cell receptors, therefore no Testosterone is being detected and the baby will have a deficiency in it. Androstenedione is less effective at masculinizing the baby as Testosterone, because it is chemically less potent. Well, then why can't you just inject a boy with Testosterone when he grows up, shouldn't that do the trick? NO! Your sexual orientation is determined by the second trimester of pregnancy during prenatal development— and a CANNOT change once it has been determined!!

The next thing I want to cover is why should religion be involved in government and politics? Everybody follows or practices the same religion! Addition some people are atheists! So why should religion be law in the US government? People want to make excuses to say that they should have the "religious freedom" in order to discriminate against minorities such as homosexuals. What?!

Another thing that I want to explain involves common sense. If you are straight, when in your entire life will you ever feel open to or WANT to have gay sex? NEVER! That is why you are straight, not gay! How can one person believe that sexual orientation is a choice and that you can somehow "turn" gay or straight in the middle of your life when clearly that is not true!

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#24 Apr 29, 2014
Austin wrote:
Okay people let's get this straight! Homosexuality is NOT a sin! It should be celebrated as an evolutionary mechanism. There are many species of animals that exist on this planet that exert homosexual behaviors. That being said, homosexuality is natural and part of evolution. If he game man marries a straight woman, how do you think the relationship will turn out? How is it fair that a woman cannot have an intimate relationship with a gay man just because a he is forced to marry her? By the Constitution, every american citizen (legal) in the United States must have equal rights and protection by law! With that being said no state should ever considered anti-homosexuality/gay marriage ban laws. There are many psychological and biological factors that influence sexual orientation during prenatal development. The anterior hypothalamus is the portion of the brain that controls sexual orientation and sexual behavior. The interstitial nuclei of the anterior hypothalamus (INAH-3) they cluster of neurons that exists within the anterior hypothalamus. The size of these clusters is what determines the sexual orientation of a person whether they be male or female. Another biological factor sexual orientation includes the number of successive male babies a mother has due to the fact that her antibodies become better at fighting off (for a male baby) the masculine chromosome (Y). By the mother attacking this chromosome with her antibodies, this increases the femininity of the male baby. Also stress hormones from the mother can also affect the sexual orientation of the baby (specifically male babies). Androstenedione is a stress hormone that mimics Testosterone. Because of the fact that it mimics Testosterone, it is known as an inhibitory neurotransmitter; which means that Androstenedione blocks Testosterone from binding to cell receptors, therefore no Testosterone is being detected and the baby will have a deficiency in it. Androstenedione is less effective at masculinizing the baby as Testosterone, because it is chemically less potent. Well, then why can't you just inject a boy with Testosterone when he grows up, shouldn't that do the trick? NO! Your sexual orientation is determined by the second trimester of pregnancy during prenatal development— and a CANNOT change once it has been determined!!
The next thing I want to cover is why should religion be involved in government and politics? Everybody follows or practices the same religion! Addition some people are atheists! So why should religion be law in the US government? People want to make excuses to say that they should have the "religious freedom" in order to discriminate against minorities such as homosexuals. What?!
Another thing that I want to explain involves common sense. If you are straight, when in your entire life will you ever feel open to or WANT to have gay sex? NEVER! That is why you are straight, not gay! How can one person believe that sexual orientation is a choice and that you can somehow "turn" gay or straight in the middle of your life when clearly that is not true!
Tell the Jews.

They're the ones who started this whole "Homosexuality is a sin" business.
JackMeioff

Zephyrhills, FL

#26 Apr 29, 2014
Joe wrote:
Where states ban same gender marriage, it is still legal for homosexuals to marry if they marry a person of the opposite gender, so marriage is not being denied them. They have all the equality applied to the rest of us normal people.
It's here where you identify yourself as a blathering ignoramus and total loser.
JackMeioff

Zephyrhills, FL

#27 Apr 29, 2014
[QUOTE who="Joel Busher"}
The gay political activism that is corrupting American children in the public education system beginning in kindergarten will not stop until the death penalty is enacted for the crime of homosexuality. God in His wisdom instituted this punishment to protect the family especially children.[/QUOTE]

It's comments like this that are winning the case for marriage equity. People see through your blatant ignorance and bigotry and won't star for it anymore. We're simply waiting for YOU to die.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#28 Apr 29, 2014
Joel Busher wrote:
Plato said that homosexuality is an outrage, a violation of nature. Acceptance of this unnatural act is a turning of society upside down. We see this turning upside down today. The ancient Spartan's demonstrated that the spirit of homosexuality is a predator, pedophile spirit. We see this today as advocates of this transgression are now encouraging cross generational homosexual sex; sex between adults and children. Scripture says it's a capital offense, an unspeakable transgression. When the spirit of homosexuality takes over a community, justice is completely perverted. God left a warning to the nations that allow themselves to be corrupted by such a spirit: Sodom, Gomorrah, and Pompeii were all destroyed by fire for the sin of homosexuality. A community's attempt to encourage and legalize this perversion will result in God's wrath in the nature of fire and utter destruction. The hope of the nations and for the protection of children from state sanctioned rape is the enacted justice of God. People do not have to act out their sinful passions. Jesus said, "deny yourself."
The ancients considered chastity a virtue and godlike. If you're caught in this sin call on the name of the Lord for your release, and be saved from the coming wrath of God. I endorse Article VIII a NEW PROPOSAL to the US Constitution that makes God's law American law.
Plato writes in his Laws,” the crime of male with male, or female with female, is an outrage on nature and a capital surrender to lust of pleasure.”
The gay political activism that is corrupting American children in the public education system beginning in kindergarten will not stop until the death penalty is enacted for the crime of homosexuality. God in His wisdom instituted this punishment to protect the family especially children. It is the duty of sensible Americans to put God's law on the US Constitution. Article VIII is NEW PROPOSAL to the Constitution makes God's law American law.
But Plato believed that the Earth was at the center of the universe and that the Sun, Moon, planets, stars, and all things in the universe revolved around the Earth. And Plato believed in many false gods, and not the one TRUE God who is Yahweh. So I wouldn't put any faith in anything Plato said about homosexuality.
Dr Reker s Bellhop

Philadelphia, PA

#29 Apr 29, 2014
Joel Busher wrote:
Plato....ancient Spartan's....pedophile....Scri pture says...chastity....duty of sensible Americans to put God's law on the US Constitution....
In other words, "I am a screaming closet case who is a theocrat, misinformed on every point of fact, and I mysteriously don't devote similar attention to those who violate the _Commandments_ by, for example, taking the lawd's name in vain, while I am misunderstanding buried passages wrongly translated."

It's called being sexually sick, homophobe.

Since: Aug 11

Location hidden

#30 Apr 29, 2014
WeTheSheeple wrote:
The clock be ticking...
Yes it is.

Since: Aug 11

Location hidden

#31 Apr 29, 2014
Joel Busher wrote:
Plato said that homosexuality is an outrage, a violation of nature. Acceptance of this unnatural act is a turning of society upside down. We see this turning upside down today. The ancient Spartan's demonstrated that the spirit of homosexuality is a predator, pedophile spirit. We see this today as advocates of this transgression are now encouraging cross generational homosexual sex; sex between adults and children. Scripture says it's a capital offense, an unspeakable transgression. When the spirit of homosexuality takes over a community, justice is completely perverted. God left a warning to the nations that allow themselves to be corrupted by such a spirit: Sodom, Gomorrah, and Pompeii were all destroyed by fire for the sin of homosexuality. A community's attempt to encourage and legalize this perversion will result in God's wrath in the nature of fire and utter destruction. The hope of the nations and for the protection of children from state sanctioned rape is the enacted justice of God. People do not have to act out their sinful passions. Jesus said, "deny yourself."
The ancients considered chastity a virtue and godlike. If you're caught in this sin call on the name of the Lord for your release, and be saved from the coming wrath of God. I endorse Article VIII a NEW PROPOSAL to the US Constitution that makes God's law American law.
Plato writes in his Laws,” the crime of male with male, or female with female, is an outrage on nature and a capital surrender to lust of pleasure.”
The gay political activism that is corrupting American children in the public education system beginning in kindergarten will not stop until the death penalty is enacted for the crime of homosexuality. God in His wisdom instituted this punishment to protect the family especially children. It is the duty of sensible Americans to put God's law on the US Constitution. Article VIII is NEW PROPOSAL to the Constitution makes God's law American law.
What does Plato have to do with Constitutional Law? What does the Bible have to do with Constitutional Law?

Go play in your sandbox charlatan. Nobody cares about your misguided and totally worthless philosophical opinions.

Since: Aug 11

Location hidden

#32 Apr 29, 2014
Fa-Foxy wrote:
<quoted text>
But Plato believed that the Earth was at the center of the universe and that the Sun, Moon, planets, stars, and all things in the universe revolved around the Earth. And Plato believed in many false gods, and not the one TRUE God who is Yahweh. So I wouldn't put any faith in anything Plato said about homosexuality.
Plato is irrelevant.
Nate

Hattiesburg, MS

#33 Apr 29, 2014
"appeal of a decision overturning a ban"

took a minute to figure out what that meant

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#34 Apr 29, 2014
WasteWater wrote:
<quoted text>
Plato is irrelevant.
I agree. I'm not the one who brought him up.

Since: Aug 11

Location hidden

#35 Apr 29, 2014
Fa-Foxy wrote:
<quoted text>
I agree. I'm not the one who brought him up.
I know. No insult intended there bro. You made an excellent reply I might add.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#36 Apr 29, 2014
WasteWater wrote:
<quoted text>
I know. No insult intended there bro. You made an excellent reply I might add.
And not only that ! As ALWAYS, it was Fair. And Balanced.

:)

Since: Aug 11

Location hidden

#37 Apr 29, 2014
Fa-Foxy wrote:
<quoted text>
And not only that ! As ALWAYS, it was Fair. And Balanced.
:)
Yes, that too Foxy.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#38 Apr 29, 2014
WasteWater wrote:
<quoted text>
Yes, that too Foxy.
WOOF !

:)

Since: Mar 07

Location hidden

#39 Apr 30, 2014
Joel Busher wrote:
Plato said that homosexuality is an outrage, a violation of nature. Acceptance of this unnatural act is a turning of society upside down. We see this turning upside down today..........
So, hardworking and law abiding gay people and their families are "turning the world upside down"?

How? By being productive citizens with strong families?

You seem very afraid of a simple, harmless, and God-given natural trait.
adtvtx

Austin, TX

#40 Apr 30, 2014
Joe must have said something worth while if lots of people are attacking it.

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#42 Apr 30, 2014
Dear 'Joe'
West Virginia State Board of Education v. Barnette 1943 (SCOTUS Majority Opinion)
"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.”
----------
Constitution of the United States
Article. 3.
"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects."

ARTICLE 4 [Legal Status of the Constitution]
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

U.S. Constitution
FIRST AMENDMENT
"Congress shall make no law ... abridging ... the right of the people ... to petition the Government for a redress of grievances."

AMENDMENT XIV SECTION 1.
“ 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….”

__________
"It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each."
- Chief Justice John Marshall; Marbury v Madison, 5 U.S. 137 (1803)
__________
"The courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law. It, therefore, belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."
- Alexander Hamilton; Federalist No. 78
(My thanks to Snyper for his additions to my original of this)

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