tag:blogger.com,1999:blog-24761391.post4437923280311992550..comments2023-10-26T22:06:11.166+11:00Comments on Metamagician3000: More on the Californian gay marriage caseRussell Blackfordhttp://www.blogger.com/profile/12431324430596809958noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-24761391.post-77531921483627719082010-08-08T22:31:27.404+10:002010-08-08T22:31:27.404+10:00I thought it was a pretty solid ruling. However, ...I thought it was a pretty solid ruling. However, there are four serious wing-nuts on the Supreme Court who routinely shred the plain-reading of the Constitution when it's for the rights of actual people, versus fictional people such as Corporations, when it suits them. <br /><br />Not that the left-side is better. They're the ones that trashed the 4th Amendment in this "War on Drugs" bullshit where they can confiscate your property and you have to prove you didn't buy it with/didn't derive from drug money. They also approved the eminent domain crap where a city can take your property and hand it over to a developer for purely commercial purposes. <br /><br />So, both sides have their blind spots. But I will say the right is far worse, far more oppressive and inhumane, and much harder to undo.MosesZDhttps://www.blogger.com/profile/12702323080585738748noreply@blogger.comtag:blogger.com,1999:blog-24761391.post-50314025614990637312010-08-08T12:50:38.794+10:002010-08-08T12:50:38.794+10:00Zackov mentions that the judge may be gay, and som...Zackov mentions that the judge may be gay, and some bigots might claim that this makes him biased, so he should have recused himself. Presumably, the same would be true if he were 'straight.' So, what does that leave, castratos?<br /><br />Bob CarrollAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-24761391.post-60392909888717345402010-08-07T11:24:54.771+10:002010-08-07T11:24:54.771+10:00um, 'fundie', not 'dundie' - facep...um, 'fundie', not 'dundie' - facepalm!Ruperthttps://www.blogger.com/profile/16141432408537488025noreply@blogger.comtag:blogger.com,1999:blog-24761391.post-50059442853012406252010-08-07T11:24:01.028+10:002010-08-07T11:24:01.028+10:00I have never seen so many tightly knotted knickers...I have never seen so many tightly knotted knickers as I have on 'dundie' sites over the last couple of days.<br /><br />Part of me wants to laugh at the overcoming of bigotry and hatred espoused by these people and the squawking and spluttering the decision has induced.<br /><br />Part of me is absolutely gobsmacked at the sheer scale of dishonesty, misrepresentation and just plain bullshit claims the same people are spouting.<br /><br />And of course they do not listen to facts and reason. I think that that alone makes it obvious that these people would wish a theocracy upon us.Ruperthttps://www.blogger.com/profile/16141432408537488025noreply@blogger.comtag:blogger.com,1999:blog-24761391.post-48700674009340642842010-08-06T22:29:15.105+10:002010-08-06T22:29:15.105+10:00Dahlia Lithwick (US Supreme Court commenter extrao...Dahlia Lithwick (US Supreme Court commenter extraordinaire) has a great post giving context to the Judge’s ruling. This ruling may go down as one of the most significant none Supreme Court rulings as it was carefully crafted to make it difficult to over turn; i.e. no easy way to overturn on “technical” reasons, they may have set precedent. It has to do with “finding of fact” vs “finding of law.” She of course explains it better than I and I would encourage everyone to read her blog http://www.slate.com/id/2262766/ for the analysis. On Rachel Maddow she called the ruling a “love letter” to Anthony Kennedy who has been the key vote on a number of gay/lesbian related cases.<br /><br />KevinAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-24761391.post-62890041753682616842010-08-06T19:25:24.478+10:002010-08-06T19:25:24.478+10:00There is a way out for the bigots...
If they had a...There is a way out for the bigots...<br />If they had a proposition that stated something along the lines of:<br />Whereas marriage is a beneficial institution to raise children and marriage elicits state benefits for the purpose of encouraging the best practices of the raising of children, no couple shall be entitled to the benefits of marriage [which would probably include the word itself] unless there is a medical possibility of that marriage naturally producing children.<br /><br />Not sure how that would play, especially since a single medical advance could blow it out the water, but I don't see the 14th Amendment coming into play against that one.<br />_________________<br /><br />In this ruling, or similar ones, I have yet to see any logic that, correctly, gives same sex couples the same rights as opposite sex couples that doesn't also apply to polyamorous groups (who are in even more trouble than the gays since they go to jail if they try to get married!) Or, for that matter, consenting adult relatives.<br /><br />So-called liberal people will say it's fine for Adam and Steve to be married, but not for Adam, Steve and John. Or not Adam and Steve if they're related. Why not? Seems to be exactly the same concept that <i>"moral disapproval alone is an improper basis on which to deny rights to"</i> people.March Harehttps://www.blogger.com/profile/13116034158087704885noreply@blogger.comtag:blogger.com,1999:blog-24761391.post-19562392362214959372010-08-06T17:09:16.521+10:002010-08-06T17:09:16.521+10:00From reading other blogs, I gather that the judge ...From reading other blogs, I gather that the judge in the case is himself gay, not that that should affect the substance of the case, but watch the bigots tie themselves in knots about that. Amusingly, the Californian government refused to support the case, so the name of Schwarzenegger as defendant is purely nominal, and the case was argued by the private groups (or some of them) who pushed Prop 8, and their lawyers (who were probably holding their noses as they spoke, given how weak the arguments on their side were).<br /><br />Yes, several justices on the Supreme Court are apparently very unenthusiastic about the 14th amendment. <br /><br />Still long way to go, but overall this is heartening development.<br /><br />ZackozAnonymousnoreply@blogger.com