Silhouette
Gold Member
- Jul 15, 2013
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Why should I have to explain this? The SCOTUS is who settled it.
It was "settled" illegally using judicial-legislation which is a violation of the separate of powers. Obergefell had no Constitutional backing. There is no language whatsoever addressing deviant sex behaviors. Obergefell's 5 Justices attempted to add language that doesn't exist to the US Constitution, which is disallowed.
So what? Bitch and moan that you don’t like the SCOTUS decision to what end? Who can overturn the scotus decision? They are the highest court and when they rule, its over. Grow up.
You know it's funny you should bring that up. SCOTUS can overturn SCOTUS. It happened in 2015 actually when Obergefell overturned Windsor 2013. And that by the SAME sitting Justices just two years after Windsor was "settled". Windsor used "states get to decide on marriage" as the means of awarding the woman Windsor her money. That opinion reaffirmed no less than 56 times in its writing that "absolutely and inarguably it's up to the states what marriage is or isn't." And that was indeed the proper and Constitutionally-supported decision. Lifestyle-Marriage Equality Slugout: State Authority vs Federal?
Then just two years later, the court, overstepping its authority via the balance of powers, added brand new language to the Constitution by saying that the 14th Amendment (somehow, without any language whatsover indicating at all) covers just some practitioners of deviant sex behaviors (but not others like polyamorists/polygamists). It ripped the authority away from the states (overturning Windsor's 56-repeated assertions to the contrary) and put the fed in the business of (arbitrary, remember polygamists) cherry picking who can and cannot marry when it comes to just some deviant sex behaviors....who have no expressed nor insinuated Constitutional protections from the majority.
So, now we have the new conservative Justice replacing Scalia, who died I believe in part from utter shock and astonishment at Obergefell just a few months after it came down (read his dissenting opinion if you think this is a wild belief). Ginsburg is what, 105 years old? Her competence is surely in question because just a few weeks before the Court sat on Obergefell, she came out publicly to declare in an interview that she felt America was ready for gay marriage. That's illegal for a Justice to do. (Caperton vs A.T. Massey Coal 2009).
February 2017 (The Hearing had not happened yet)
Both Ginsburg, and Justice Elena Kagan — another member of the high court’s liberal wing — have presided at weddings for same-sex couples. And in an interview with Bloomberg Business last Wednesday, Ginsburg said that it “would not take a large adjustment” for Americans to get used to nationwide marriage equality. Calls increase for Ginsburg to recuse herself in same-sex marriage case February 17, 2015
So SCOTUS can overturn SCOTUS. And they can apparently do so fundamentally in two years time. It's been over two years since Obergefell's "voodoo" judicial-legislation. So buckle up.