2nd Lawsuit Filed Challenging North D...

2nd Lawsuit Filed Challenging North Dakota's Gay Marriage Ban

There are 2 comments on the EDGE story from Jun 12, 2014, titled 2nd Lawsuit Filed Challenging North Dakota's Gay Marriage Ban. In it, EDGE reports that:

A second lawsuit has been filed in federal court challenging North Dakota's ban on same-sex marriage.

Join the discussion below, or Read more at EDGE.

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#1 Jun 12, 2014
.BTW about voting away the civil rights of a minority (granted this case was about the civil rights of school-children, but....)

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…”

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 IX [Non-Enumerated Rights (1791)]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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)

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#3 Jun 12, 2014
sorry for the repeat post. Topix or something was stuttering again.

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