Another Activist Judge Overrules the Will of the People
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Kiamat Dusk
Protest Warrior
Join date: 30 Sep 2004
Posts: 1,525
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05-16-2005 05:58
Juro,
I understand your confusion. I think I'm more of a 'civil unions' type. Something about calling it a "marriage" sets off sirens to me. I think anyone should have the legal rights we're talking about because, well, it's THEIR stuff, and THEIR person.
Also, keep in mind that this was *not* an anti-gay marriage thread. This was an anti-activist judge thread.
-Kiamat Dusk
_____________________
"My pain is constant and sharp and I do not hope for a better world for anyone. In fact I want my pain to be inflicted on others. I want no one to escape." -Bret Easton Ellis 'American Psycho' "Anger is a gift." -RATM "Freedom" From: Vares Solvang Eat me, you vile waste of food. (Can you spot the irony?) http://writing.com/authors/suffer
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Ace Cassidy
Resident Bohemian
Join date: 5 Apr 2004
Posts: 1,228
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05-16-2005 06:27
From: David Cartier John Kerry made all his money from suing people - same as John Edwards. Thanks to the two of them it's almost impossible to get malpractice insurance in Massachusetts and North Carolina. Get your facts straight, David... While its true that Edwards made a ton of money as a trial lawyer, Kerry never did so. Immediately after graduating law school, he began work as a prosecutor in the Middlesex District Attorney's office. He was eventually elected Middlesex District Attorney, and has been in politics ever since. - Ace
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Arcadia Codesmith
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Join date: 8 Dec 2004
Posts: 766
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05-16-2005 06:43
From: David Cartier just as much as it would be wrong for Wiccans to expect the rest of us to worship trees and carry out human sacrifices. Do NOT drag Wicca into this. We're fighting our own battles against fundamentalist zealots. Joking comments about human sacrifice go over about as well as teasing Catholics about statue worship or Baptists about incest. Plain and simple, "judicial activism" is nothing more than a code word for "making decisions unfavorable to the radical right". Since the radical right is fundamentally opposed to the power of the judiciary to put the brakes on the tyranny of the majority, they see a lot of "activism". They're going to see a lot more as they keep pushing their anti-gay, anti-woman, anti-minority, anti-choice, anti-science, anti-any-religion-but-mine agenda. The fact is, nobody has a right to impose their views on my body or my life. I'm married to a woman and a man, both of whom I love very much. If you want to believe my marriage is immoral or sinful, you have a constitutionally-guaranteed right to your beliefs (as I do to mine). You have NO right to try to impose your belief system as the law of the land (nor do I). The government shouldn't be involved at all in marriage, apart from providing equal treatement to all married people, gay, straight or in-between. That's what that judge has done, courageously and correctly. If you've got issues with that, there are plenty of places in the world without an independent judiciary. And one more thing - gay people have been getting married since the dawn of civilization. They will continue to get married until the extinction of the species. Pretending not to recognize that is like pretending not to obey the law of gravity.
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David Cartier
Registered User
Join date: 8 Jun 2003
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05-16-2005 06:49
From: Ace Cassidy Get your facts straight, David...
While its true that Edwards made a ton of money as a trial lawyer, Kerry never did so. Immediately after graduating law school, he began work as a prosecutor in the Middlesex District Attorney's office. He was eventually elected Middlesex District Attorney, and has been in politics ever since.
- Ace Kerry is currently suing a number of Catholic Priests who declared him a heretic, he's also involved with lawsuits against the PAX Roman Catholic broadcaster, NewsMax, theSwift Boat Veterans and a plethora of other libel and slander suits against groups and individuals. On the other hand, the shareholders of Sinclair Broadcasting are suing him for destroying about 100 million dollars of the company's value. Kerry was in fact involved in the raft of hair replacement malpractice suits about twenty five years ago, but, no, he never appeared in court.
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Burr Lehane
Yerf!
Join date: 27 Feb 2005
Posts: 5
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05-16-2005 07:25
From: Kiamat Dusk I think I'm more of a 'civil unions' type. Something about calling it a "marriage" sets off sirens to me. I think anyone should have the legal rights we're talking about because, well, it's THEIR stuff, and THEIR person. WTF difference does it make what it's called? You can call it civil unions all you want, but we're gonna call it marriages anyway, and so will most of our non-bigoted heterosexual friends. Get over the semantics. If that's really what's holding up our civil rights than that's really freaking idiotic. The main reason we want it defined as marriage and not civil unions is to make sure we get ALL of the same benefits, not just some, and if we define it as something different then that makes it a lot easier for them to take it away from us again. Anyway, I'm so tired of people who claim they have no problem with us but decide to rationalize any sort of ridiculous reason to deny our unlimited right to contract. Face it, you do have problems with us if you're grasping at any sort of straw to make us inferior. I think I'm more of an 'univeral healthcare' type. Something about calling it 'socialized medicine' sets off sirens to me. *rolls eyes*
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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05-16-2005 07:49
From: Kiamat Dusk *bangs his head against the desk.... I am NOT saying that gay marriage is RELATED to child or animal marriage!!!!! I'm saying that it is a slippery slope and the more you move the line, the closer you get to those things. I'm also saying that the same arguments that everyone claims are so valid for gay marriage can be applied to those other things so if we agree that they are valid for gays, how can we say they are not for the rest? The child marriage thing is valid because the only thing standing in the way is the age of consent law which varies from state to state. All it would take to remove that obstacle is one judge "protecting the rights of the minority against the will of the majority".
On the other hand, THANK YOU, for giving your definition of marriage. -Kiamat Dusk ...hears an echo By saying its a slippery slope YOU are implying they are related. If you were saying they are not related, then it would not cuase a slippery slope.
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Colette Meiji
Registered User
Join date: 25 Mar 2005
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05-16-2005 07:59
The problem with these state ammendments is after progressive reform, its far to EASY to ammend many State Constitions.
Constituions, originally, were not intended to represent solely the will or the majority.
With current laws in some states a mere 51% of the electorate can bend and change the constitutions at will.
This should be allowed WITHOUT giving a judge to power to oversee it?
That is a recipie for Tyranny of the majority.
State Constitutions are NOT allowed to supercede the US Bill of Rights, and Federal Ammendments guaranteeing Civil Rights.
I think thats the core issue.
Kiamat your own morality is your concern.
However, when many years from now your lesbian friend's widow cant even secure burial rights becuase the State didnt allow them to be legally recognized, you tell HER you were her lover's friend.
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Ace Cassidy
Resident Bohemian
Join date: 5 Apr 2004
Posts: 1,228
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05-16-2005 08:37
From: David Cartier Kerry is currently suing a number of Catholic Priests who declared him a heretic, he's also involved with lawsuits against the PAX Roman Catholic broadcaster, NewsMax, theSwift Boat Veterans and a plethora of other libel and slander suits against groups and individuals. On the other hand, the shareholders of Sinclair Broadcasting are suing him for destroying about 100 million dollars of the company's value. Kerry was in fact involved in the raft of hair replacement malpractice suits about twenty five years ago, but, no, he never appeared in court. And does this support you original statement that "John Kerry made all of his money suing people"? I don't know the specifics on these cases, but if Kerry thinks he has a case for libel and slander, then are you saying he shouldn't sue? Or do you think libel and slander are OK? I'll repeat my statement. Get your facts straight, David. John Kerry didn't make his money suing people. He made his money the old fashioned way. He inherited it and married it. - Ace
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Dianne Mechanique
Back from the Dead
Join date: 28 Mar 2005
Posts: 2,648
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05-16-2005 08:52
From: Kiamat Dusk You guys are missing the point......Where are those Bush appointees when we need them? Kiamat, no offense but *you* are missing the point. Judges are not elected. The "will of the people" is a meaningles term in this context. The judge is interpreting the law. Period. In Canada, there is a slim majority of people who think gay marriage is OK (at least in most urban centres), but many do not. The law legalising it was passed however, because it is a HUMAN RIGHTS ISSUE. It has nothign to do with what the majority want. If the majority of peple wanted to enslave blacks or deny rights to any other group, it would not make it right and any judge wh upheld the constitution would strike such a law down no matter how many supported it. The judges there, as the judges in Canada have, generally agree that to *not* have gay marriages is a VIOLATION OF BASIC HUMAN RIGHTS. *That* is the issue. Not what any group of rabid anti-gay people say no matter how big their group becomes. To make it really simple.... if White people can get married and enjoy all the financial and other benefits of it and Black people can't that is wrong and no amount of people agreeing wIth the idea will EVER make it right. Same thing with gay and lesbian. Period. To be against gay mariage, puts America in the company of some pretty repressive "regimes" (as bush likes to call em) and makes it look like a giant silly-ass on the world stage. Well more so than they usually do lately 
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Dianne Mechanique
Back from the Dead
Join date: 28 Mar 2005
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05-16-2005 09:04
From: Kiamat Dusk ..., these people WERE trying to change their constitution and look what happened! Third, there are other states with gay marriage bans whose judges haven't overruled them. How can it be that in Nebraska and Massachusets it's unconstitutional, but in the other states who voted for a gay marriage ban it's not? Hi, Hope you dont think i am picking on you here but this is wrong too IMO. Those "other judges" are the ones that have ruled in violation of their own consittution and bill of rights. *Those* are the activist judges that are bowing to their own and public opinions instead of interpreting the letter of the law. Many countries have a bill of rights, many countries guarantee them and most of those have come down on the side of equality and interpreted the issue as being a human rights one. America is pretty much alone on this one. Even if I agreed with you however, the fact that they were asking for a constitutional amendment does not change the issue. It would be like asking the judge to okay an *unconstitutional* constitutional amendment. (As far as I understand that system yo have down there) That is if the rock or foundation of your system is equal rights for all, and you pass an amendment that says (essentialy) "except for her, her and him".... Well you just cant do that and say you have equal rights.
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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05-16-2005 09:18
From the US Constitution Ammendments.
------------------- Article XIV. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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. ---------------------------------
this is why the judge has the right to declare the State ammendmant unconstitutional. NO state can deny rights the US Federal government protects.
This was central to the civil rights struggle.
It still is.
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Chip Midnight
ate my baby!
Join date: 1 May 2003
Posts: 10,231
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05-16-2005 10:15
From: Vince Wolfe Chip,
I wasn't trying to make that comparison, but I was explaining the course of logic used by these groups to make this argument. They don't highlight the fact that one involves consenting adults and the other adults preying on children. Instead they push the argument that pedophilia is a sexual orientation and thus entitled to protections from prosecution. The protections, as written, don't provide any language that would automatically prevent pedophilia from gaining protection as a sexual orientation. That's where groups like NAMBLA hang their hat. I don't know what the right answer would be for this, but if they ever manage to establish, scientifically, that their cause is a sexual orientation we could easily see some serious scrambling to re-define those protections to exclude predators. I know you weren't putting that out there as being representative of your own views  I'm just commenting on their argument and why I think it has no merit. The consent issue negates it.
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 My other hobby: www.live365.com/stations/chip_midnight
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Arcadia Codesmith
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Join date: 8 Dec 2004
Posts: 766
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05-16-2005 10:25
From: Chip Midnight I know you weren't putting that out there as being representative of your own views  I'm just commenting on their argument and why I think it has no merit. The consent issue negates it. The consent issue also negates the bestiality arguments, since one party is incapable of giving informed consent. Once you start making slippery slope arguments, where does it end?
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Kiamat Dusk
Protest Warrior
Join date: 30 Sep 2004
Posts: 1,525
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05-16-2005 15:09
From: Arcadia Codesmith Plain and simple, "judicial activism" is nothing more than a code word for "making decisions unfavorable to the radical right". Since the radical right is fundamentally opposed to the power of the judiciary to put the brakes on the tyranny of the majority, they see a lot of "activism". They're going to see a lot more as they keep pushing their anti-gay, anti-woman, anti-minority, anti-choice, anti-science, anti-any-religion-but-mine agenda.
-Anti-woman, but Condeleeza Rice has held two of the highest positions in the country and thereby the WORLD.
-Anti-minority, but the Bush administration has had more minority cabinent members including, again, the two most powerful ones (Sec of State, Nat'l Intel Advisor), one of which was a woman to boot!
-Anti-any-religion-but-mine, except with all the aid we sent to Indonesia, the world's most populous MUSLIM country, Christian conversion wasn't part of it. Nor have we made conversion to Christianity a requirement for Iraq to have its sovreignty. We give *billions* of dollars in aid to Middle Eastern countries every year without the stipulation that they convert. In fact, the very fact that you are able to BE a Wiccan completely negates what you've just said.
-Anti-choice. Well holy smoke! He doesn't believe in a woman's right to kill her unborn child! Let's lynch him while we can! And you wonder where the human sacrifice jokes come from.
-Anti-science. By that I'm assuming you mean anti-any-science-that-doesn't-predict-massive-global-warming-and-melting-polar-ice-caps-despite-all-the-evidence-to-the-contrary.
The fact is, nobody has a right to impose their views on my body or my life. I'm married to a woman and a man, both of whom I love very much.
-*slams on the brakes... You're a bigamist!? And in which state did you legally marry two people?
-Kiamat Dusk Inquiring mind
_____________________
"My pain is constant and sharp and I do not hope for a better world for anyone. In fact I want my pain to be inflicted on others. I want no one to escape." -Bret Easton Ellis 'American Psycho' "Anger is a gift." -RATM "Freedom" From: Vares Solvang Eat me, you vile waste of food. (Can you spot the irony?) http://writing.com/authors/suffer
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Lo Jacobs
Awesome Possum
Join date: 28 May 2004
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05-16-2005 15:23
From: Kiamat Dusk -Kiamat Dusk Inquiring mind Just out of curiosity, why do you quote whole things and just put your name at the bottom?
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daz Groshomme
Artist *nuff said*
Join date: 28 Feb 2005
Posts: 711
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05-16-2005 15:23
From: Olympia Rebus If you disagree with gay marriage, then don't have one. Why should other people not get to do something because you don't like it? you can't argue with bigots my love, especially religious bigots they are too closed minded and think they are helping their side by being biggoted.
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Christopher Omega
Oxymoron
Join date: 28 Mar 2003
Posts: 1,828
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Meh
05-16-2005 16:18
I'd like to point out that the issue has been discussed here: /120/a1/15073/1.html/120/17/10789/1.html/120/25/10142/1.htmlThough I must compliment Kiamat at his exceptional skill at both avoiding intelligent debate and providing material for the questioning of his sanity. ==Chris From: Kiamat Dusk *approaches the chalk board.... C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O C-R-I-S-T-I-A-N-O
*whew
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Kiamat Dusk
Protest Warrior
Join date: 30 Sep 2004
Posts: 1,525
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05-16-2005 17:16
From: Lo Jacobs Just out of curiosity, why do you quote whole things and just put your name at the bottom? Lo, My comments are in the quoted portion marked with the "-". I'm just too lazy to break up the quote. As you can imagine, I've got a lot of rebuttals to make so I take shortcuts. -Kiamat Dusk Shortcutter
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"My pain is constant and sharp and I do not hope for a better world for anyone. In fact I want my pain to be inflicted on others. I want no one to escape." -Bret Easton Ellis 'American Psycho' "Anger is a gift." -RATM "Freedom" From: Vares Solvang Eat me, you vile waste of food. (Can you spot the irony?) http://writing.com/authors/suffer
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Paris Cellardoor
Jefa del Cartel
Join date: 28 Dec 2003
Posts: 867
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05-16-2005 17:18
YAY FOR GAY MARRIAGE!!! You got my support!! Bullet to the head to you conservative fucks!! 
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Kiamat Dusk
Protest Warrior
Join date: 30 Sep 2004
Posts: 1,525
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05-16-2005 17:25
From: Paris Cellardoor YAY FOR GAY MARRIAGE!!! You got my support!! Bullet to the head to you conservative fucks!!  YAY! Paris is here to prove my point about the utterly hypocritical nature of the so called peace loving, tolerant, diverse Left!!! -Kiamat Dusk ...sometimes it's almost too easy!
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"My pain is constant and sharp and I do not hope for a better world for anyone. In fact I want my pain to be inflicted on others. I want no one to escape." -Bret Easton Ellis 'American Psycho' "Anger is a gift." -RATM "Freedom" From: Vares Solvang Eat me, you vile waste of food. (Can you spot the irony?) http://writing.com/authors/suffer
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Vudu Suavage
Feral Twisted Torus
Join date: 27 Jul 2004
Posts: 402
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05-16-2005 17:51
From: Kiamat Dusk YAY! Paris is here to prove my point about the utterly hypocritical nature of the so called peace loving, tolerant, diverse Left!!! -Kiamat Dusk ...sometimes it's almost too easy! Yes, stereotyping and lumping together those with whom you disagree into a monolithic "Them" is the path of least resistance. There are those on both sides who present their opinions in violent and derogatory terms--the difference is, the so-called "Left" rarely lynches, bombs, or opens fire on individuals and institutions they see as representing the other side. In the 60s, yes, but these days the bombs are invariably planted by right-wingers who don't take the trouble to make sure everyone has left the building.
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Cthulhu, spiders, and other artfully crafted creatures are available at Gods & Monsters in Zoe, as well as Limbo and Taco.
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Juro Kothari
Like a dog on a bone
Join date: 4 Sep 2003
Posts: 4,418
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05-16-2005 17:56
From: Kiamat Dusk Juro,
I understand your confusion. I think I'm more of a 'civil unions' type. Something about calling it a "marriage" sets off sirens to me. I think anyone should have the legal rights we're talking about because, well, it's THEIR stuff, and THEIR person.
Also, keep in mind that this was *not* an anti-gay marriage thread. This was an anti-activist judge thread.
-Kiamat Dusk The main issue I have with civil unions, Kiamat, is that it creates a state-sanctioned 2nd class relationship. If the government is truly to be secular, then there is no justifiable reason for having one type of union for gay couples and another, separate, type of union for straight couples. Of course, I'm willing to concede and take that, providing I get a 'gay tax break' to make up for the 2nd class status. 
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Kiamat Dusk
Protest Warrior
Join date: 30 Sep 2004
Posts: 1,525
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05-16-2005 17:58
From: Vudu Suavage There are those on both sides who present their opinions in violent and derogatory terms--the difference is, the so-called "Left" rarely lynches, bombs, or opens fire on individuals and institutions they see as representing the other side. In the 60s, yes, but these days the bombs are invariably planted by right-wingers who don't take the trouble to make sure everyone has left the building.
Right, because the ELF never planted a bomb. Also, while the Left doesn't throw as many bombs as in the 60s, now they've just taken up defending the ones who do. Witness their overwhelming support of the Iraqi "resistance", dictators around the world, and the Palestinian "freedom fighters". -Kiamat Dusk
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"My pain is constant and sharp and I do not hope for a better world for anyone. In fact I want my pain to be inflicted on others. I want no one to escape." -Bret Easton Ellis 'American Psycho' "Anger is a gift." -RATM "Freedom" From: Vares Solvang Eat me, you vile waste of food. (Can you spot the irony?) http://writing.com/authors/suffer
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Kiamat Dusk
Protest Warrior
Join date: 30 Sep 2004
Posts: 1,525
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05-16-2005 18:00
Juro,
You get a gay tax break right after Neehai gets sanctioned by Jeska Linden and I get 40 acres and a mule.
-Kiamat Dusk Muleless
_____________________
"My pain is constant and sharp and I do not hope for a better world for anyone. In fact I want my pain to be inflicted on others. I want no one to escape." -Bret Easton Ellis 'American Psycho' "Anger is a gift." -RATM "Freedom" From: Vares Solvang Eat me, you vile waste of food. (Can you spot the irony?) http://writing.com/authors/suffer
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Juro Kothari
Like a dog on a bone
Join date: 4 Sep 2003
Posts: 4,418
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05-16-2005 18:00
From: Kiamat Dusk Right, because the ELF never planted a bomb. Not to get sidetracked, but I'm really irritated that more has not been done with ELF. They are out of control, as far as I'm concerned and it's just a matter of time until they end up killing someone - either by design or accident.
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