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Author Topic: Alabama, reversing Marriage Equality?  (Read 2295 times)

PrincessKLS

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Alabama, reversing Marriage Equality?
« on: January 07, 2016, 10:49:23 pm »
Okay I read recently that an Alabama judge effectively banned same sex marriage. How is this legal? I thought the recent Supreme Court decision was that same sex marriage would be legal in all 50 states and counties within those states. So is the fight not over? Can we predict that the legalization of same sex marriage will be treated the same way the legalization of abortion has become? Are we going to see limits on it in the next 40 years? That's what we see after the 1973 supreme court decision on abortion. It seems like all the states in the US are given a choice on what limitations they want to impose on their state.
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Castus

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Re: Alabama, reversing Marriage Equality?
« Reply #1 on: January 07, 2016, 10:52:47 pm »
Quote from: PrincessKLS;184815
Okay I read recently that an Alabama judge effectively banned same sex marriage. How is this legal? I thought the recent Supreme Court decision was that same sex marriage would be legal in all 50 states and counties within those states. So is the fight not over? Can we predict that the legalization of same sex marriage will be treated the same way the legalization of abortion has become? Are we going to see limits on it in the next 40 years? That's what we see after the 1973 supreme court decision on abortion. It seems like all the states in the US are given a choice on what limitations they want to impose on their state.

 
It is probably not legal, no.

For now I suspect that same-sex marriage is a battle which those who oppose it have lost. Barring action from a newly conservative SCOTUS, our best hope would be to attempt and restrict it in some way; but I don't predict the same relative success that can be seen with abortion.
“Castus, meanwhile, goes straight for the bad theology like one of those creepy fish that swims up streams of pee.” — Darkhawk

sailor

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Re: Alabama, reversing Marriage Equality?
« Reply #2 on: January 08, 2016, 01:39:39 am »
Quote from: PrincessKLS;184815
Okay I read recently that an Alabama judge effectively banned same sex marriage. How is this legal? I thought the recent Supreme Court decision was that same sex marriage would be legal in all 50 states and counties within those states. So is the fight not over? Can we predict that the legalization of same sex marriage will be treated the same way the legalization of abortion has become? Are we going to see limits on it in the next 40 years? That's what we see after the 1973 supreme court decision on abortion. It seems like all the states in the US are given a choice on what limitations they want to impose on their state.

 
I"ve only seen the headlines, but I think it's the same clown that keeps getting slapped down over the 10 Commandments in the state court house.

I haven't read the Supreme Court opinions that effectively legalized SSM, so I don't know how much if any wiggle room there is.  That would depend upon what basis it was decided upon.

Under the originial Roe v Wade ruling, it was left up to the states to set up limitations on abortion within some broad guidelines.  From memory, restrictions on 3rd trimester abortions are easier to pass legal muster than 2nd trimester.  

As for SSM, the down side of winning a culture battle via the courts is that it can return to the courts for a long time.  

Loving wasn't controversial for very long in part because it was already legal via state legislation to  have inter-racial marriages; and only a small part of the population cared about restricting it for other people (this is not the same as approving it for their children, but that's a different battle). The culture battle for inter-racial marriages had been won before Loving. It also helped that the suit was based in large part upon full faith and credit, not directly on civil rights.

SSM was getting close, but wasn't there.

RandallS

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Re: Alabama, reversing Marriage Equality?
« Reply #3 on: January 08, 2016, 09:15:37 am »
Quote from: sailor;184829
I"ve only seen the headlines, but I think it's the same clown that keeps getting slapped down over the 10 Commandments in the state court house.

That would be my guess too. And checking Google News... We were right. It's Roy Moore doing his thing again.

Read an article on this

Quote
I haven't read the Supreme Court opinions that effectively legalized SSM, so I don't know how much if any wiggle room there is.  That would depend upon what basis it was decided upon.

I read it the day it can out and I don't remember there being any real wiggle room. However, I don't have the type of memory for the details of USSC decisions that I do for, say, cosmology stuff. ;)
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