Plan B Forum

Denial of same sex marriage ruled unconstitutional in Michigan (effectively making it legal) and not a peep out of anyone?

When drought begats a trickle it is news. When a trickle becomes a stream it is news. When a stream become a torrent it is news. When the flow becomes as inevitable and predictable as the tides it is not news any more.



yrs,
rubato

I don't pay too much attention to the initial trial rulings because they are going to end up appealed to the SCOTUS at some point, who will not be able to sidestep this time as they did in the previous ruling, because they will have to squarely face the question of whether SSM has constitutional protection from state prohibitions. The raft of cases coming forward suggests this will happen sooner than anyone expected.

And I'm waiting for the first right-wing goofball to refer to yet another Reagan appointee as an "activist judge".

Oh there's know doubt this will be appealed our attorney General has show there's no partisan issue he won't fight tooth and nail regardless of what the population thinks of it.

There is only one constitutional issue to be decided, and it has nothing to do with "equal protection," or due process.

Must other states and the federal government recognize marriages that are valid in the state where they are created?

Everything else is smoke. There is NO CONSTITUTIONAL RIGHT TO MARRY ANYONE, same sex, or otherwise.

Although any renegade court could infer such a right in their state c onstitution, as happened in Massachusetts.

dgs49 wrote:Must other states and the federal government recognize marriages that are valid in the state where they are created?

No and yes. Ample precedent has long since determined that states are free to refuse to recognize the validity of marriages performed in other states. The SCOTUS decided in its last ruling on DOMA that the federal government cannot refuse to recognize the validity of a marriage that is legally contracted in the state in which it is performed. I guess you must have been asleep.

Everything else is smoke. There is NO CONSTITUTIONAL RIGHT TO MARRY ANYONE, same sex, or otherwise.

Loving v. Virginia, quoting from an earlier decision, called marriage "one of the 'basic civil rights of man'". More proof that your claims to have studied law are a complete lie, since you repeatedly demonstrate your ignorance of cases so fundmental to American constitutional jurisprudence that any 10th grade civics student would be familiar with them.