Silhouette
Gold Member
- Jul 15, 2013
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Yes yes, gay marriage again. But this thread is more than that. It is a legal discussion of premise. It is a legal logical argument of "If...then..." which any lawyer would understand.
Three issues.
1. That same-sex couples did not have standing to challenge the majority rule (minority behaviors cannot have special Constitutional protections)
2. Justices Ginsburg and Kagan were mandated to recuse themselves from the Obergefell Hearing. (Caperton v A.T. Massey Coal 2009).
3. Neither children nor their attorneys were present at the Obergefell Hearing. Children are implicit parties to a marriage contract. Any contract standing for revision requires the presence of all parties to said contract.
1. The trouble with deeming a minority behavior that is repugnant to the majority a "protected class" is all the other minority behaviors that are repugnant to the majority that are currently being discriminated against... What makes practitioners of gay sex so important over other acts the majority rejects? Really? Specifically (legally, in the purest sense of fairness and equality) how is this one behavior set above all others?
They will have their day in court too.. There was no protection for human behavior written into the Constitution. Particularly those behaviors repugnant to the majority. The right to kill out of anger, etc. etc. etc. would be a Constitutional right then. Penal and civil laws would cease to have meaning if minority behaviors have protected status.
People are a different matter. But the Justices refusal to see WHAT was petitioning them for "gay marriage" was their critical error in premise. Was it a static legal entity like a race or a gender? Or was it a cult loosely knit around sexual fetish behaviors? There is no binding element to "gays" other than what they do in their bedrooms. Men are friends with and love other men. Women are friends with and love other women. The ones who do this and also opt to have "sex" with the same gender, are engaging in a behavior that the majority finds repugnant, and the majority found certainly not worthy of the sublime endorsement of "marriage"..
The static vs ephemeral legal status on standing was an error I contend that's due to unravel American law at its foundation. And an error, given
2. Capterton v A.T. Massey Coal (2009), can be reversed inasmuch as two of the Justices responsible for this bungle on American law's bedrock were mandated to recuse themselves from the 2015 gay marriage Hearing. in 2009 Ginsburg herself voted in favor of of any judge, anywhere, anytime, being mandated to recuse themselves from a hearing if they had or displayed a vested interest in the outcome of that Hearing. Both Justices Ginsburg and Kagan presided publicly over gay weddings as Justice of the Peace AS THE QUESTION OF WHETHER OR NOT THE FED SHOULD PRESIDE OVER STATES ON GAY MARRIAGE WAS PENDING.
As the embodiment of the federal government, even though they presided in states where gay marriage was voted in by the majority, their presence officiating over a gay wedding would cause anyone in the world, anywhere, to absolutely be able to predict how their vote would be cast in the pending Obergefell Hearing. This means re the language and Finding of Caperton v A.T. Massey Coal, that they were mandated to have recused themselves from the Obergefell Hearing. Which they did not do. Therefore, the Hearing was a mistrial.
3. In the proposed revision of any contract, including the one of marriage, all parties to the contract must be present and sign off on any new revisions. This is particularly true when the revisions are radical and stand to harm especially any missing party to that revision hearing. There is no legal expert that exists on the face of the earth who could successfully argue that children are not implicit sharers in the marriage contract. The marriage contract was born from their interests way back in time immemorial and has persisted for their interests ever since, through multiple millennia up to 2015.
Yet, at the Obergefell Hearing, no attorney for the interest of children to the proposed contractual-revision was present. Children were flatly ignored as to the revision. And this is particularly onerous given that the revision institutionalized motherless or fatherless "marriages" where a child would suffer that loss without hope of the future holding the promise of a mother or father...ever... Single hetero homes at least hold that promise coming. A gay home; particularly a gay married home guarantees the child that deprivation for life.
The "act or conduct" is for thousands of years marriage originated and existed to provide boys and girls with both a mother and father as mentors to fledge them into society. Society is bound by this act and conduct to provide both a mother and father to children unless children say and agree otherwise (see below * )
More from that same link:
So, with marriage contracts, we have a contract created originally and cemented for millennia for the benefit of children. Children had no voice at the revision table that just dissolved that enjoyment without their permission or input. Children did not disaffirm the marriage contract as majority-regulated "man/woman". For that matter, if a gay marriage was ratified in a state without the input of children in some legal forum to disaffirm their enjoyment of having both a mother and father, then those laws are also invalid because of contract law.
So which attorney reading this has the balls to argue that the implied condition of marriage was somehow not to provide children with both a mother and father?
The Obergefell Hearing was the worst type of Kangaroo Court in regards to all of 1, 2 and 3. As to the contract modification, the change was radical and sought to fundamentally deprive one of the key parties to the creation of the contract in the first place of the necessary elements for the very reason the contract was conceived of in the beginning: to provide boys and girls with both mother and father. Not only were the children not invited to the revision table, even when they tried to voice their concerns with amicus briefs, those concerns were wholly ignored and unmentioned. In previous comments from the Justices, "the welfare of children" was conspicuously noted of record and in written Opinion. Yet in the Obergefell Opinion, not a whit of their concern was addressed. This was done as a convenience to gays whom the Court's majority knew could not and would not provide children with what they fundamentally need: BOTH a mother and father in life.
For this purposeful omission of consideration as a politically-expedient favor to the potent and aggressive gay lobby in just Obergefell, where the Justices' "concern for children's wellbeing" went missing, all five of these Justices should be impeached. At the very least, Obergefell should be reheard with a team of attorneys present to represent the rights of children as to the marriage contract.
For more on what happens to children without regular contact with either a mother or father, read this survey, the largest of its kind on youth adjusting to the adult world: PRINCE'S TRUST 2010 YOUTH INDEX SURVEY
Three issues.
1. That same-sex couples did not have standing to challenge the majority rule (minority behaviors cannot have special Constitutional protections)
2. Justices Ginsburg and Kagan were mandated to recuse themselves from the Obergefell Hearing. (Caperton v A.T. Massey Coal 2009).
3. Neither children nor their attorneys were present at the Obergefell Hearing. Children are implicit parties to a marriage contract. Any contract standing for revision requires the presence of all parties to said contract.
1. The trouble with deeming a minority behavior that is repugnant to the majority a "protected class" is all the other minority behaviors that are repugnant to the majority that are currently being discriminated against... What makes practitioners of gay sex so important over other acts the majority rejects? Really? Specifically (legally, in the purest sense of fairness and equality) how is this one behavior set above all others?
They will have their day in court too.. There was no protection for human behavior written into the Constitution. Particularly those behaviors repugnant to the majority. The right to kill out of anger, etc. etc. etc. would be a Constitutional right then. Penal and civil laws would cease to have meaning if minority behaviors have protected status.
People are a different matter. But the Justices refusal to see WHAT was petitioning them for "gay marriage" was their critical error in premise. Was it a static legal entity like a race or a gender? Or was it a cult loosely knit around sexual fetish behaviors? There is no binding element to "gays" other than what they do in their bedrooms. Men are friends with and love other men. Women are friends with and love other women. The ones who do this and also opt to have "sex" with the same gender, are engaging in a behavior that the majority finds repugnant, and the majority found certainly not worthy of the sublime endorsement of "marriage"..
The static vs ephemeral legal status on standing was an error I contend that's due to unravel American law at its foundation. And an error, given
2. Capterton v A.T. Massey Coal (2009), can be reversed inasmuch as two of the Justices responsible for this bungle on American law's bedrock were mandated to recuse themselves from the 2015 gay marriage Hearing. in 2009 Ginsburg herself voted in favor of of any judge, anywhere, anytime, being mandated to recuse themselves from a hearing if they had or displayed a vested interest in the outcome of that Hearing. Both Justices Ginsburg and Kagan presided publicly over gay weddings as Justice of the Peace AS THE QUESTION OF WHETHER OR NOT THE FED SHOULD PRESIDE OVER STATES ON GAY MARRIAGE WAS PENDING.
As the embodiment of the federal government, even though they presided in states where gay marriage was voted in by the majority, their presence officiating over a gay wedding would cause anyone in the world, anywhere, to absolutely be able to predict how their vote would be cast in the pending Obergefell Hearing. This means re the language and Finding of Caperton v A.T. Massey Coal, that they were mandated to have recused themselves from the Obergefell Hearing. Which they did not do. Therefore, the Hearing was a mistrial.
3. In the proposed revision of any contract, including the one of marriage, all parties to the contract must be present and sign off on any new revisions. This is particularly true when the revisions are radical and stand to harm especially any missing party to that revision hearing. There is no legal expert that exists on the face of the earth who could successfully argue that children are not implicit sharers in the marriage contract. The marriage contract was born from their interests way back in time immemorial and has persisted for their interests ever since, through multiple millennia up to 2015.
Yet, at the Obergefell Hearing, no attorney for the interest of children to the proposed contractual-revision was present. Children were flatly ignored as to the revision. And this is particularly onerous given that the revision institutionalized motherless or fatherless "marriages" where a child would suffer that loss without hope of the future holding the promise of a mother or father...ever... Single hetero homes at least hold that promise coming. A gay home; particularly a gay married home guarantees the child that deprivation for life.
AMERICAN COLLEGE OF PEDIATRICIANS ON SAME-SEX MARRIAGE RULING: ‘A TRAGIC DAY FOR AMERICA’S CHILDREN
Dr. Michelle Cretella, president of the College, said:
[T]his is a tragic day for America’s children. The SCOTUS has just undermined the single greatest pro-child institution in the history of mankind: the natural family....the SCOTUS has elevated and enshrined the wants of adults over the needs of children. American College of Pediatricians on Same-Sex Marriage Ruling: ‘A Tragic Day for America’s Children’ - Breitbart
Modifying a Contract after Signing It
Once a contract has been signed, then it typically cannot be changed unless all parties to the contract agree to the modifications....If the contract doesn't address the issue of changes, you'll need to talk to the other parties to the contract, make sure that they agree to the changes, then, to be on the safe side, add a rider (additional section) to the contract that addresses the changes. This rider should be signed by each party to the original contract....There may be instances where all parties to a contract are unable to come to agreement on changes. If that happens, you'll have to live with the original signed agreement, walk away from the contact... Contract Modification
The binding force of a contract is based on the fact that it evinces a meeting of minds of two parties in Good Faith. A contract, once formed, does not contemplate a right of a party to reject it. Contracts that were mutually entered into between parties with the capacity to contract are binding obligations and may not be set aside due to the caprice of one party or the other unless a statute provides to the contrary.... Implied contracts are as binding as express contracts. An implied contract depends on substance for its existence; therefore, for an implied contract to arise, there must be some act or conduct of a party, in order for them to be bound. implied contracts
The "act or conduct" is for thousands of years marriage originated and existed to provide boys and girls with both a mother and father as mentors to fledge them into society. Society is bound by this act and conduct to provide both a mother and father to children unless children say and agree otherwise (see below * )
More from that same link:
*
Infants An infant is defined as a person under the age of 18 or 21, depending on the particular jurisdiction. A contract made by an infant is voidable but is valid and enforceable until or unless he or she disaffirms it. He or she may avoid the legal duty to perform the terms of the contract without any liability for breach of contract. Infants are treated in such a way because public policy deems it desirable to protect the immature and naive infant from liability for unfair contracts that he or she is too inexperienced to negotiate on equal terms with the other party.
So, with marriage contracts, we have a contract created originally and cemented for millennia for the benefit of children. Children had no voice at the revision table that just dissolved that enjoyment without their permission or input. Children did not disaffirm the marriage contract as majority-regulated "man/woman". For that matter, if a gay marriage was ratified in a state without the input of children in some legal forum to disaffirm their enjoyment of having both a mother and father, then those laws are also invalid because of contract law.
So which attorney reading this has the balls to argue that the implied condition of marriage was somehow not to provide children with both a mother and father?
The Obergefell Hearing was the worst type of Kangaroo Court in regards to all of 1, 2 and 3. As to the contract modification, the change was radical and sought to fundamentally deprive one of the key parties to the creation of the contract in the first place of the necessary elements for the very reason the contract was conceived of in the beginning: to provide boys and girls with both mother and father. Not only were the children not invited to the revision table, even when they tried to voice their concerns with amicus briefs, those concerns were wholly ignored and unmentioned. In previous comments from the Justices, "the welfare of children" was conspicuously noted of record and in written Opinion. Yet in the Obergefell Opinion, not a whit of their concern was addressed. This was done as a convenience to gays whom the Court's majority knew could not and would not provide children with what they fundamentally need: BOTH a mother and father in life.
For this purposeful omission of consideration as a politically-expedient favor to the potent and aggressive gay lobby in just Obergefell, where the Justices' "concern for children's wellbeing" went missing, all five of these Justices should be impeached. At the very least, Obergefell should be reheard with a team of attorneys present to represent the rights of children as to the marriage contract.
For more on what happens to children without regular contact with either a mother or father, read this survey, the largest of its kind on youth adjusting to the adult world: PRINCE'S TRUST 2010 YOUTH INDEX SURVEY
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