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The Legal Argument for Gay Marriage
Just Hit Its First Major Bump

Slate, by Mark Joseph Stern

Original Article

Posted By:Drive, 7/20/2014 2:17:17 PM

For better or for worse, the constitutional theory providing equal rights to gay people is entirely authored by Justice Anthony Kennedy. As everybody now knows, Kennedy penned the trilogy of gay rights opinions that lie behind an unbroken streak of judicial wins for gay marriage in the states. At first glance, today’s 10th Circuit opinion affirming the invalidation of Oklahoma’s marriage ban continues this streak seamlessly. But just below the surface of the ruling lies a bear trap that could mangle the legal theories that have brought gay marriage so close to the finish line.

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Reply 1 - Posted by: ruready?, 7/20/2014 3:06:50 PM     (No. 9932902)

One of the saddest things that we will ever watch is the supporters of gay marriage defending themselves on Judgement Day.

Don´t think I will be able to watch.

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Reply 2 - Posted by: bmw50, 7/20/2014 3:14:45 PM     (No. 9932912)

Everyone seems to love the freedom and rights we all have, given to us by God and protected by the Declaration of Independence.
But when it comes to anything else, like abortion (when life begins) or marriage (an institution created to protect the human race), people don´t want anything to do with God.
We can´t have it both ways; love the rights God has given us and hate everything else about Him.
Benjamin Franklin said, "Only virtuous people are capable of freedom". And who sets the standard for virtue? It ain´t the secularists!

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Reply 3 - Posted by: bpl40, 7/20/2014 4:09:54 PM     (No. 9932953)

Homo is Greek for man. So homophobia is an irrational or unjustified fear of man? Makes no sense. There is no such thing in reality. This is an artificial hateful left wing construct designed to denigrate natural family structure and normal sexual values. Secondly, how do the justices jump to the conclusion that denial of the right to marry a person of the same sex is discrimination. Comparison to racial bias is plainly facetious. A homosexual man is free to marry a woman of his choice just as much as any heterosexual. Discrimination is unprovable here because none exists. The very premise of this article is indicative of a world gone mad.

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Reply 4 - Posted by: Patchy Groundfog, 7/20/2014 4:18:15 PM     (No. 9932964)

It´s interesting to note that pro ´gay marriage´ writers invariably shovel in self-righteous language about equal rights.

But gay people had equal rights in 1970, 1980 etc. when gay marriage was a justifiable punchline. Nothing in the Constitution mentions sexual orientation a

This is about the courts changing the definition of marriage in contravention of history, religion, culture and that minor item known as biology.

The author, in his attempt to be clever, admits that gay marriage depends on ´legal theory´ as opposed to the above criteria.

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Reply 5 - Posted by: terrywhite, 7/20/2014 4:21:44 PM     (No. 9932967)

If it´s discriminatory and, therefore, illegal to deny same sex marriage, how, then, is it not also discriminatory to deny me, as a married man, the right to marry someone else even while married to another? After all, using the same logic often put forward, the govt. shouldn´t be able to tell me who I can marry (love), so, as a heterosexual man, if I love several women, should I not be legally allowed to marry as many as I want also? The arguments for same-sex marriage are devoid of any real logic!


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Reply 6 - Posted by: Ida Lil, 7/20/2014 6:15:51 PM     (No. 9933060)

man´s laws under this argument #6 probably could allow more wives BUT
no civil law or church ceremony creates marriage in the sight of the Lord.
That requirement involves the one that no one or denomination nor law can put aside as named in Holy Marriage.
That one is ONE man ONE wife ONE love through life.
If life is granted everlasting then will that Holy joining be forever as well?
If so it will be rare.``````

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Reply 7 - Posted by: grace1798, 7/21/2014 5:28:36 AM     (No. 9933399)

2 Timothy 3: "12Indeed, all who desire to live godly in Christ Jesus will be persecuted. 13But evil men and impostors will proceed from bad to worse, deceiving and being deceived. 14You, however, continue in the things you have learned and become convinced of, knowing from whom you have learned them,…

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