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SCALIA: ´When Did It Become
Unconstitutional To Exclude Homosexual
Couples From Marriage?´

Business Insider, by Brett LoGiurato

Original Article

Posted By:kennedylaw, 3/26/2013 7:37:55 PM

During oral arguments today at the Supreme Court, Justice Antonin Scalia and attorney Ted Olson had a pointed exchange over whether same-sex marriage is a fundamental right guaranteed by the U.S. Constitution. Scalia's argument, which was advanced by Chief Justice John Roberts before him, was that when the institution of marriage developed historically, it was not done with the explicit intent of excluding gay and lesbian couples.

Comments:
It is in the Penumbra and Emanations Amendment. You can find it right after the Freedom from Religion Amendment.

      


Post Reply  

Reply 1 - Posted by: alpha91c, 3/26/2013 7:50:16 PM     (No. 9245501)

Good point.

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Reply 2 - Posted by: ScarletPimpernel, 3/26/2013 7:50:43 PM     (No. 9245502)

I thought Ted Olson sounded incoherent in his answers.

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R-G1
  
R-VAR_AD


 
Reply 3 - Posted by: beca, 3/26/2013 7:51:33 PM     (No. 9245503)

excellent point....^5 judge s

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Reply 4 - Posted by: Safari Man, 3/26/2013 8:05:57 PM     (No. 9245517)

We actually have quite a few restrictions on marriage -- polygamy, incest, bestiality, objectophilia, necrophilia, pedophilia, narcisism... to name just a few, are not permitted.

But the best argument I have ever heard about the rights issue is that gay people have the exact SAME rights are straight people -- they can marry someone of the opposite sex, exactly the same as a straight person can. A straight person is not permitted to marry someone of the same sex either no matter what the reason might be.


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Reply 5 - Posted by: Cavallodifiero, 3/26/2013 8:06:40 PM     (No. 9245519)

Hows stupid do we have to be, it was clear when Marriage was defined that homosexuality was considered an abomination, why would those defining marriage have concluded that it would be okay for degenerates, moreover why not allow people the right to marry their beloved "pets"! Even the SCOTUS is becoming corrupt as the morons in Congress.

Perhaps they can embrace any kind of degeneracy from the vast pool of their own experience but not impose an equal standard with normal decent human beings. There is no culture that I am aware of that idealized degeneracy.

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Reply 6 - Posted by: 4Justice, 3/26/2013 8:08:02 PM     (No. 9245520)

The problem is semantics. You cannot say you are excluding a person from doing something that there are no limits on. The issue is not "marriage"--but rather the recognition of the marriage by the state.
That is where we are both arguing different issues. The left is trying to claim we are denying marriage and thus discriminating. But in truth, it is about what the state is willing to recognize under the law. We could easily win the argument if we use the right words. The left are master word manipulators. Until we learn the art, we will never win people over.

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Reply 7 - Posted by: fayebeck, 3/26/2013 8:12:18 PM     (No. 9245523)

My only argument against "same sex marriage" is that it is just not right. God or no God. There is no constitutional right to any marriage. For me marriage is a tradition that works for civilization.

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Reply 8 - Posted by: Patchy groundfog, 3/26/2013 8:16:33 PM     (No. 9245529)

God bless Scalia. He understands the law and his role in it.

Contrast him with Kagan who has an axe to grind but hasn´t got a bleedin´ clue.

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Reply 9 - Posted by: KTWO, 3/26/2013 8:24:58 PM     (No. 9245537)

The exchanges are interesting. But I don´t see the cases as being about homosexuals or their rights at all.

The cases are about power; state v. federal.

And I don´t expect the SC to rule in favor of states or any allied entities such as churches, when they can rule otherwise and shift more power to Washington DC and federal courts.







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Reply 10 - Posted by: billp, 3/26/2013 8:41:01 PM     (No. 9245546)

All other issues aside, I´m wondering how the California court allowed any change to this. Californians Amended their Constitution by a method prescribed by their law. It then became an Amendment to that Constitution. How can a change to the Constitution be un-Constitutional? If our Federal Constitution were amended to make firearm ownership illegal, we´d have no recourse would we? They once amended our Constitution to make alcohol consumption illegal and, a change to this required yet another amendment. A Constitution supersedes all other law or laws, does it not? A law can be found unconstitutional because it´s standard for legality is the Constitution. Maybe beating a dead horse here but I just don´t really understand how the California courts could have found the Amendment at fault unless it was passed or presented in some fraudulent manner.

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Reply 11 - Posted by: starbaby, 3/26/2013 8:58:10 PM     (No. 9245568)

The word "marriage" has a definition. Period. If homosexuals want to get together then let ´em do it. But they have no "right" to simply change the meaning of the word. Marriage: The state of being husband and wife; wedlock. The legal union of a man and woman as husband and wife. (The American Heritage Dictionary of the English Language, 1978.) Since the beginning of time man has known the meaning of the word. How in the hell do a bunch of homosexuals have the right to change the meaning? Can I change the meaning of the word "beer" to mean orange juice and drink it on my way to work?

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Reply 12 - Posted by: tisHimself, 3/26/2013 9:18:36 PM     (No. 9245585)

Scalia. Reagan´s gift that never gets old.
Wonder how Harriet would have handled this.
Better ask Karl.

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B-G1


 
Reply 13 - Posted by: Bpl40, 3/26/2013 9:26:18 PM     (No. 9245597)

Interracial marriage and homosexual marriage are simply not the same thing . Ted Olsen is too smart and well educated to make a stupid mistake like that.

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Reply 14 - Posted by: LC Hoghead, 3/26/2013 10:26:11 PM     (No. 9245646)

WHY is uber conservative Ted Olsen arguing for Gay Marriage???

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Reply 15 - Posted by: RedLegLeader68, 3/26/2013 10:34:18 PM     (No. 9245659)

What #4 said. That´s the correct answer.

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Reply 16 - Posted by: stablemoney, 3/26/2013 10:49:43 PM     (No. 9245680)

I´m sure jon roberts will find a way at the last minute for same sex marriage to be defined some way as marriage.

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Reply 17 - Posted by: TrueBlueWfan, 3/26/2013 11:15:07 PM     (No. 9245696)

Yep, #16, I´m preparing to get stabbed in the back once again. If i´m wrong, I will be happy, but I will never feel like we can´t lose anymore, not since 11-6-12. I was totally blindsided.

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R_DBL_B
  


 
Reply 18 - Posted by: ModestoMo, 3/27/2013 12:56:25 AM     (No. 9245769)

I prefer the term pairage. A pair who can be together. Who cannot support this? But a change in terms like marriage meaning something other than a male/female union, is like calling a horse a cow, and expecting everyone around you to agree.

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Reply 19 - Posted by: steveW, 3/27/2013 2:23:17 AM     (No. 9245809)

I think we, the nation, will lose this one no matter how the Supreme Court rules. The Left has been pushing this in the culture for at least 30 years with the intent - identical with the feminist Left´s real intent - not to foster "equality" but to destroy the family so family functions can finally be permanently replaced by the coming All-Beneficent Socialist State, to be run by Democrats with no opposition party. When "gay marriage" is accomplished in the culture, with or without court rulings, the next faux step - polyandry or "equal rights" for eunuchs, or whatever - will immediately be set in motion in the culture, and so forth until no nuclear family is able to stand or produce children on its own and traditional values are viewed as punishable forms of oppression (as longed for by feminists since the 50s). "Man and wife" will become the new Jim Crow, and the All-Beneficent Socialist State will have its endless supply of willing dependents. And all the while, gay people will form unions, or not, at exactly the rate they do now, since this really has nothing to do with them at all.

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Reply 20 - Posted by: Charactercounts, 3/27/2013 2:35:37 AM     (No. 9245814)

#14, Ted Olson is no uber conservative, if he ever was. He was married to conservative Barbara Olson, who died on 9/11.

Then he remarried, and the new Mrs. Olson is no conservative.

That´s why he´s arguing gay marriage before the Supreme Court.

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