Death Penalty vs Gay Marriage

[Procrustes Stretched]

The SC permits the death penalty under the 8th, so it is a state's decision. The SC has decided the same sex marriage issue, so it is up to a state then to decide if it violates thier own laws/constitution, since the SC upheld the ban on federal constitutional grounds.

How so?

Personally, I think people are retarded to give the government the power over life or death.

Many are opposed to the death penalty and don't want the state doing it in thier name, I understand that. The current Prop 8 case is based on the legality of DOMA, not Baker, but the binding effect of Baker is still a reality. I posted this link in another thread about this some months ago. I simply stated the SC ruled that same sex marriage prohibitions do not violate the federal constitution. I have seen no babsis to retract that, either in this thread or the old ones.

In part:

In most cases presented to the U.S. Supreme Court, the Court's refusal to hear the case is not an endorsement of the decision below.[13] Because this case came to the Court through mandatory appellate review, the summary dismissal is a decision on the merits of the case.[14] As binding precedent, the Baker decision prevents lower courts from coming to a contrary conclusion when presented with the precise issues the Court necessarily considered in dismissing the case.[15]

Baker v. Nelson - Wikipedia, the free encyclopedia

What the law-bluffer doesn't admit and/or chooses to ignore:

from august...before the Federal Court Agreed to hear the case...

In a court brief filed yesterday, the Boies-Olson team elaborate this argument further, saying that circumstances in modern-day California are entirely different from 1970s Minnesota, and that the legal environment has changed entirely because of such landmark LGBT rights rulings as Romer v. Evans (a Colorado state discrimination case) and Lawrence v. Texas (which overturned existing state anti-sodomy laws).

"Even if Baker had not been conclusively undermined by the Supreme Court's subsequent decisions in Romer and Lawrence, " the brief says, "it still would not be binding on this court because the Supreme Court's summary dismissals have controlling force only 'on the precise issues presented and necessarily decided' by the Supreme Court." The Advocate Web Site......source..

here is the key sentence. Citing Baker, the Justice Department writes: "Regardless of whether same-sex marriage is appropriate policy, under current legal precedent there is no constitutional right to it, and that precedent is binding on these parties and this court."

Professor Dorf commented: "The fact that the Obama administration is arguing this only boosts the case for supporters of Prop. 8. And it offers an easy out for a judge who doesn't want to take the heat for deciding this."

For now, the Boies-Olson team is taking a relatively relaxed view of the matter. "The good news is, the assertion is completely wrong," said Ted Boutrous, a partner in Olson's firm of Gibson, Dunn, & Crutcher. "What Baker v. Nelson means is that whatever law was on the books in Minnesota at the time is potentially insulated from review. It would have no binding effect on reviewing Prop. 8."

 

[lawbuff]

Ravi, check your PM's, I'm out of this thread.

 

[Procrustes Stretched]

Ravi, check your PM's, I'm out of this thread.

ravi, likes to PM people and play silly broad games. makes up for her not having a penis.

She gave herself away doing this kind of crap way back when she was posing a a guy. We all played along with her. Made her feel powerful.

If I cared I'd ask how many people she plays her control freak games with, but it would do no good. She's a friggin' mental case.

 

[Ravi]

It never ends.

 

[Procrustes Stretched]

It never ends.

wrong. IT, never ends.


Hey, long time since I looked up edzo. I wonder how he likes his new job as a fed police officer. Wonder if his drinking came back.

You do know he was a prison guard before he got into trouble? And you two hit it off so well.

 

[Ravi]

Compared to you...

 

[Procrustes Stretched]

Compared to you...

All is forgiven.