Kerry Backs Ban on Homosexual marriage in MA

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EXman

Lifer
Jul 12, 2001
20,079
15
81
Example for Monkey:

Homosexual SF judge who did not recuse himself from this issue. He just changed the law that has been voted on by the people. Prop22. That is legislating from the bench.
 

CADsortaGUY

Lifer
Oct 19, 2001
25,162
1
76
www.ShawCAD.com
Originally posted by: DealMonkey
Originally posted by: CADkindaGUY
Originally posted by: DealMonkey
Originally posted by: CADkindaGUY
Originally posted by: DealMonkey
No Cad, you missed my point: The duty of the courts is to interpret the laws. When they do so, it does NOT mean they are legislating.

No, I didn't miss your "point". I fully understand that by ruling things unconstitutional it will affect legislation, but that doesn't change the fact that they can't(or aren't supposed to) legislate from the bench.

CkG
Yes, that's often your accusation. But who ARE these judges legislating from the bench? Or are you simply confusing "interpreting the laws" with "legislating?" Specifics please.

Specific to Mass IMO, the courts mandating a timetable for the legislature to act or else, is "legislating from the bench". And even if you hold a differing opinion it does not change my point.

CkG
Well Cad, it would only be "legislating" if they were actually passing legislation. Providing a timeline for something to happen (in this case, remedying an unconstitutional law) is most definitely the jurisdiction of the courts and is in no way "legislating." Are you sure you understand what you're talking about?

Yes. Telling the legislature they have until X date otherwise Y will happen - is IMO legislating from the bench. Sure they aren't actually writing legislative law but they are none the less stating law exists that the legislature did not pass.

CkG
 

DealMonkey

Lifer
Nov 25, 2001
13,136
1
0
Originally posted by: EXman
Example for Monkey:

Homosexual SF judge who did not recuse himself from this issue. He just changed the law that has been voted on by the people. Prop22. That is legislating from the bench.

Who is this "homosexual judge?" Recuse himself from what issue? Changed what law?

Are you sure you're not referring to the judge(s) who refused to grant a temporary injunction against the City of SF in response to conservative groups bringing suit over the City issuing marriage licenses to same-sex couples?
 

DealMonkey

Lifer
Nov 25, 2001
13,136
1
0
Originally posted by: CADkindaGUY
Yes. Telling the legislature they have until X date otherwise Y will happen - is IMO legislating from the bench. Sure they aren't actually writing legislative law but they are none the less stating law exists that the legislature did not pass.
Then you have a ridiculous definition of "legislating," considering no new laws are being written and no laws are being changed. Issuing a timeline for the legislature to resolve a constitutional crisis is hardly what anyone else in their right mind would call legislating from the bench.
 

Moonbeam

Elite Member
Nov 24, 1999
74,950
6,796
126
is hardly what anyone else in their right mind would call legislating from the bench.

Not a problem for Caddy.
 

Moonbeam

Elite Member
Nov 24, 1999
74,950
6,796
126
A little something on legislating from the bench:

A LAYMAN'S GUIDE TO THE SUPREME COURT DECISION IN BUSH V. GORE by Mark H. Levine, Attorney at Law.


Q: I'm not a lawyer and I don't understand the recent Supreme Court decision in Bush v. Gore. Can you explain it to me?
A: Sure. I'm a lawyer. I read it. It says Bush wins, even if Gore got the most votes.

Q: So Bush wins because hand-counts are illegal?
A: Oh no. Six of the justices (two-thirds majority) believed the hand-counts were legal and should be done.

Q: Oh. So the justices did not believe that the hand-counts would find any legal ballots?
A. Nope. The five conservative justices clearly held (and all nine justices agreed) "that punch card balloting machines can produce an unfortunate number of ballots which are not punched in a clean, complete way by the voter." So there are legal votes that should be counted but can't be.

Q: Oh. Does this have something to do with states' rights? Don't conservatives love that?
A: Generally yes. These five justices, in the past few years, have held that the federal government has no business telling a sovereign state university it can't steal trade secrets just because such stealing is prohibited by law. Nor does the federal government have any business telling a state that it should bar guns in schools. Nor can the federal government use the equal protection clause to force states to take measures to stop violence against women.

Q: Is there an exception in this case?
A: Yes, the Gore exception. States have no rights to have their own state elections when it can result in Gore being elected President. This decision is limited to only this situation.

Q: C'mon. The Supremes didn't really say that. You're exaggerating.
A: Nope. They held "Our consideration is limited to the present circumstances, or the problem of equal protection in election processes generally presents many complexities."

Q: What complexities?
A: They don't say.

Q: I'll bet I know the reason. I heard Jim Baker say this. The votes can't be counted because the Florida Supreme Court "changed the rules of the election after it was held." Right? A. Dead wrong. The US Supreme Court made clear that the Florida Supreme Court did not change the rules of the election. But the US Supreme Court found the failure of the Florida Court to change the rules was wrong.

Q: Huh?
A: The Legislature declared that the only legal standard for counting vote is "clear intent of the voter." The Florida Court was condemned for not adopting a clearer standard.

Q: I thought the Florida Court was not allowed to change the Legislature's law after the election.
A: Right.

Q: So what's the problem?
A: They should have. The US Supreme Court said the Florida Supreme Court should have "adopt[ed] adequate statewide standards for determining what is a legal vote"

Q: I thought only the Legislature could "adopt" new law.
A: Right.

Q: So if the Court had adopted new standards, I thought it would have been overturned.
A: Right. You're catching on.

Q: If the Court had adopted new standards, it would have been overturned for changing the rules. And if it didn't, it's overturned for not changing the rules. That means that no matter what the Florida Supreme Court did, legal votes could never be counted.
A: Right. Next question.

Q: Wait, wait. I thought the problem was "equal protection," that some counties counted votes differently from others. Isn't that a problem?
A: It sure is. Across the nation, we vote in a hodgepodge of systems. Some, like the optical-scanners in largely Republican-leaning counties record 99.7% of the votes. Some, like the punchcard systems in largely Democratic-leaning counties record only 97% of the votes. So approximately 3% of Democratic votes are thrown in the trash can.

Q: Aha! That's a severe equal-protection problem!!!
A: No it's not. The Supreme Court wasn't worried about the 3% of Democratic ballots thrown in the trashcan in Florida. That "complexity" was not a problem.

Q: Was it the butterfly ballots that violated Florida law and tricked more than 20,000 Democrats to vote for Buchanan or Gore and Buchanan.
A: Nope. The Supreme Court has no problem believing that Buchanan got his highest, best support in a precinct consisting of a Jewish old age home with Holocaust survivors, who apparently have changed their mind about Hitler.

Q: Yikes. So what was the serious equal protection problem?
A: The problem was neither the butterfly ballot nor the 3% of Democrats (largely African-American) disenfranchised. The problem is that somewhat less than .005% of the ballots may have been determined under slightly different standards because judges sworn to uphold the law and doing their best to accomplish the legislative mandate of "clear intent of the voter" may have a slightly different opinion about the voter's intent.

Q: Hmmm. OK, so if those votes are thrown out, you can still count the votes where everyone agrees the voter's intent is clear?

A: Nope.

Q: Why not?
A: No time.

Q: No time to count legal votes where everyone, even Republicans, agree the intent is clear? Why not?
A: Because December 12 was yesterday.

Q: Is December 12 a deadline for counting votes?
A: No. January 6 is the deadline. In 1960, Hawaii's votes weren't counted until January 4.

Q: So why is December 12 important?
A: December 12 is a deadline by which Congress can't challenge the results.

Q: What does the Congressional role have to do with the Supreme Court?
A: Nothing.

Q: But I thought ---
A: The Florida Supreme Court had earlier held it would like to complete its work by December 12 to make things easier for Congress. The United States Supreme Court is trying to help the Florida Supreme Court out by forcing the Florida court to abide by a deadline that everyone agrees is not binding.

Q: But I thought the Florida Court was going to just barely have the votes counted by December 12.
A: They would have made it, but the five conservative justices stopped the recount last Saturday.

Q: Why?
A: Justice Scalia said some of the counts may not be legal.

Q: So why not separate the votes into piles, indentations for Gore, hanging chads for Bush, votes that everyone agrees went to one candidate or the other so that we know exactly how Florida voted before determining who won? Then, if some ballots (say, indentations) have to be thrown out, the American people will know right away who won Florida.
A. Great idea! The US Supreme Court rejected it. They held that such counts would likely to produce election results showing Gore won and Gore's winning would cause "public acceptance" and that would "cast[] a cloud" over Bush's "legitimacy" that would harm
"democratic stability."

Q: In other words, if America knows the truth that Gore won, they won't accept the US Supreme Court overturning Gore's victory?
A: Yes.

Q: Is that a legal reason to stop recounts? or a political one?
A: Let's just say in all of American history and all of American law, this reason has no basis in law. But that doesn't stop the
five conservatives from creating new law out of thin air.

Q: Aren't these conservative justices against judicial activism?
A: Yes, when liberal judges are perceived to have done it.

Q: Well, if the December 12 deadline is not binding, why not count the votes?
A: The US Supreme Court, after admitting the December 12 deadline is not binding, set December 12 as a binding deadline at 10 p.m. on December 12.

Q: Didn't the US Supreme Court condemn the Florida Supreme Court for arbitrarily setting a deadline?
A: Yes.

Q: But, but --
A: Not to worry. The US Supreme Court does not have to follow laws it sets for other courts.

Q: So who caused Florida to miss the December 12 deadline?
A: The Bush lawyers who first went to court to stop the recount, the mob in Miami that got paid Florida vacations for intimidating officials, and the US Supreme Court for stopping the recount.

Q: So who is punished for this behavior?
A: Gore, of course.

Q: Tell me this: Florida's laws are unconstitutional, right?
A: Yes

Q: And the laws of 50 states that allow votes to be cast or counted differently are unconstitutional?
A: Yes. And 33 of those states have the "clear intent of the voter" standard that the US Supreme Court found was illegal in
Florida.

Q: Then why aren't the results of 33 states thrown out?
A: Um. Because...um.....the Supreme Court doesn't say...

Q: But if Florida's certification includes counts expressly declared by the US Supreme Court to be unconstitutional, we don't know who really won the election there, right?
A: Right. Though a careful analysis by the Miami Herald shows Gore won Florida by about 20,000 votes (excluding the
butterfly ballot errors).

Q: So, what do we do, have a re-vote? Throw out the entire state? Count all ballots under a single uniform standard?
A: No. We just don't count the votes that favor Gore.

Q: That's completely bizarre! That sounds like rank political favoritism! Did the justices have any financial interest in the case?
A: Scalia's two sons are both lawyers working for Bush. Thomas's wife is collecting applications for people who want to work in the Bush administration.

Q: Why didn't they recuse themselves?
A: If either had recused himself, the vote would be 4-4, and the Florida Supreme Court decision allowing recounts would have
been affirmed.

Q: I can't believe the justices acted in such a blatantly political way.
A: Read the opinions for yourself: http://frwebgate.access.gpo.gov/supremecourt/00-949_dec12.fdf (December 9 stay stopping the recount), and http://www.supremecourtus.gov/opinions/00pdf/00-949.pdf (December 12 final opinion)

Q: So what are the consequences of this?
A: The guy who got the most votes in the US and in Florida and under our Constitution (Al Gore) will lose to America's
second choice who won the all important 5-4 Supreme Court vote.

Q: I thought in a democracy, the guy with the most votes wins.
A: True, in a democracy. But America is not a democracy. In America, in the year 2000, the guy with the most US Supreme
Court votes wins.

Q: Is there any way to stop the Supreme Court from doing this again?
A: YES. No federal judge can be confirmed without a vote in the Senate. It takes 60 votes to break a filibuster. If only 41 of the 50 Democratic Senators stand up to Bush and his Supremes and say that they will not approve a single judge appointed by him until a President can be democratically elected in 2004, the judicial reign of terror can end... and one day we can hope to return to the rule of law.

Q: What do I do now?
A: E-mail this to everyone you know, and write or call your senator, reminding him that Gore beat Bush by several hundred thousand votes (three times Kennedy's margin over Nixon) and that you believe that VOTERS rather than JUDGES should determine who wins an election by counting every vote. And to protect our judiciary from overturning the will of the people, you want them to confirm NO NEW JUDGES until 2004 when a president is finally chosen by most of the American people.
 

SirStev0

Lifer
Nov 13, 2003
10,449
6
81
liberal response---------- im voting for nadar---------- i always have been


radical response --------- kerry can eat my a ss
 

Red Dawn

Elite Member
Jun 4, 2001
57,529
3
0
Originally posted by: SirStev0
liberal response---------- im voting for nadar---------- i always have been


radical response --------- kerry can eat my a ss
And the Dub thanks you!
 

bozack

Diamond Member
Jan 14, 2000
7,913
12
81
Originally posted by: Jhhnn
While I personally support gay marriage, I suspect that the "civil union" compromise is about the best that mainstream America is willing to offer at the present time. Nor is that much of one, it's merely a matter of semantics.

I kinda like bozack's idea, eliminating the "M" word entirely form the legal lexicon. The requirements have been loosening up a lot over the years, anyway- at one time it was illegal to marry outside one's faith, not to mention race, divorce was unheard of, and women didn't need suffrage- their husbands voted for them. Today, the mere representation of marriage is, in fact, marriage- in Colorado, anyway. Sign in at the no-tell motel as mr. &.mrs., and you are, with everything that entails.

To label Kerry as a bigot in this matter is not exactly honest, given the examples of true bigotry from the other side. He's a realist, and a candidate who doesn't want to get sidetracked into a no-win irrational red herring issue.

The next thing I'd expect from the Bushies is an attempt to link gays, terrarists, taxes and gun-grabbers into a vast liberal conspiracy.... against God, True Believers, and their anointed worldly leader, GWB... I can see it now, Dubya in his flightsuit, spouting thinly veiled hate, old glory waving behind him, the chorus from "Onward Christian Soldiers" coming up in the background.... stirs my heart, brings tears to my eyes that we could have been blessed with such a wonderful leader, I'll tell ya...

And another one joins the frey with supporting my *idea*...nice

However you guys are really missing Cad's point when he called Kerry a *bigot*, this was just an example of the hypocracy that goes on not only here, but also in the media, as Bush gets labeled a bigot for not supporting gay marriage and proposing a constitutional ammendment, whereas the liberals and media make very little mention of Kerry taking up almost the same stance yet they assume he would be for gay marriage if it were a hot issue whereas they assume bush would be against it....completely ludicrous IMHO.

In response to El, yes Ma still does and always has had a legislative branch, that is one of the biggest controversies here as no one thinks the judicial should be writing law just approving or disapproving of it.

"Whatever the arguments for or against homosexual marriage, it is important that the legislative branch, not the judicial branch, adopt changes in policy. If the people of Massachusetts, through their elected representatives, decided to recognize homosexual marriages, they have a right to do so. Neither the federal nor the various state constitutions are "living" documents. A "living" constitution means there is no constitution at all, but that the judicial branch can legislate from the bench."



 

CADsortaGUY

Lifer
Oct 19, 2001
25,162
1
76
www.ShawCAD.com
Originally posted by: DealMonkey
Originally posted by: CADkindaGUY
Yes. Telling the legislature they have until X date otherwise Y will happen - is IMO legislating from the bench. Sure they aren't actually writing legislative law but they are none the less stating law exists that the legislature did not pass.
Then you have a ridiculous definition of "legislating," considering no new laws are being written and no laws are being changed. Issuing a timeline for the legislature to resolve a constitutional crisis is hardly what anyone else in their right mind would call legislating from the bench.

Actually isn't not ridiculous. The Mass judges are saying that gay "marriage" can't be denied unless the Legislature acts by a certain date to write new legislation regarding this issue. gay marriage is not recognized in Mass - the courts would change that if the legislature doesn't act.

But anyway - were are the people who keep saying the states should be able to choose? Or do they mean that the states courts should be able to decide this for them?

CkG
 

josphII

Banned
Nov 24, 2001
1,490
0
0
Originally posted by: conjur
Moonbeam, what's with that biased, inaccurate piece of tripe?

moonbeam is under the delusion that gore won florida by thousands of votes

now this is just too funny:

Q: But if Florida's certification includes counts expressly declared by the US Supreme Court to be unconstitutional, we don't know who really won the election there, right?
A: Right. Though a careful analysis by the Miami Herald shows Gore won Florida by about 20,000 votes (excluding the
butterfly ballot errors).

edit: even more funny/ridiculous:

Q: What do I do now?
A: E-mail this to everyone you know, and write or call your senator, reminding him that Gore beat Bush by several hundred thousand votes (three times Kennedy's margin over Nixon) and that you believe that VOTERS rather than JUDGES should determine who wins an election by counting every vote. And to protect our judiciary from overturning the will of the people, you want them to confirm NO NEW JUDGES until 2004 when a president is finally chosen by most of the American people.
 

Moonbeam

Elite Member
Nov 24, 1999
74,950
6,796
126
Originally posted by: josphII
Originally posted by: conjur
Moonbeam, what's with that biased, inaccurate piece of tripe?

moonbeam is under the delusion that gore won florida by thousands of votes

now this is just too funny:

Q: But if Florida's certification includes counts expressly declared by the US Supreme Court to be unconstitutional, we don't know who really won the election there, right?
A: Right. Though a careful analysis by the Miami Herald shows Gore won Florida by about 20,000 votes (excluding the
butterfly ballot errors).

edit: even more funny/ridiculous:

Q: What do I do now?
A: E-mail this to everyone you know, and write or call your senator, reminding him that Gore beat Bush by several hundred thousand votes (three times Kennedy's margin over Nixon) and that you believe that VOTERS rather than JUDGES should determine who wins an election by counting every vote. And to protect our judiciary from overturning the will of the people, you want them to confirm NO NEW JUDGES until 2004 when a president is finally chosen by most of the American people.

Funny and tripe....thanks josphII for the tremendous intellectual analysis. Hehe! I know where to file it.

Conjur, you'll need to do better too. Tripe sounds like an opinion to me. :D I wanted Caddy to see his reflection.

 

heartsurgeon

Diamond Member
Aug 18, 2001
4,260
0
0
the liberal response to Bush's position will be nuanced when necessary...

in conservative states, they will claim that they are against a constitutional amendment addressing the issue, and that individual states should have the right to decide...althouigh this totally ignores the issue of federal tax codes, federal laws, etc.

in liberal states, they will say the same thing!!

in effect, they can take both sides of the issue, just by being Anti-Bush!

this will be their plan, and when cornered, they will not be against "Gay marriage", they will instead "favor" Gay civil unions that have all the same legal implications as marriage..

 

conjur

No Lifer
Jun 7, 2001
58,686
3
0
Originally posted by: Moonbeam

Funny and tripe....thanks josphII for the tremendous intellectual analysis. Hehe! I know where to file it.

Conjur, you'll need to do better too. Tripe sounds like an opinion to me. :D I wanted Caddy to see his reflection.

Well, you know darn good and well that the U.S. Supreme Court voted 7-2 to stop the recount, not 5-4.

I never took you to be a revisionist.  For shame!
 

Moonbeam

Elite Member
Nov 24, 1999
74,950
6,796
126
Originally posted by: conjur
Originally posted by: Moonbeam

Funny and tripe....thanks josphII for the tremendous intellectual analysis. Hehe! I know where to file it.

Conjur, you'll need to do better too. Tripe sounds like an opinion to me. :D I wanted Caddy to see his reflection.

Well, you know darn good and well that the U.S. Supreme Court voted 7-2 to stop the recount, not 5-4.

I never took you to be a revisionist.  For shame!

You would be surprised at how ignarant I can be. :D But where did I say 5-4. And I thought, off the top of my head in my ignroance that 7-2 was to hear the case. I't been a while. But I appreciate some specifics. It beats the hell out of tripe. :D I wish I could get something concrete out of the anti-gay bigots.
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,407
8,595
126
Originally posted by: conjur
Originally posted by: Moonbeam

Funny and tripe....thanks josphII for the tremendous intellectual analysis. Hehe! I know where to file it.

Conjur, you'll need to do better too. Tripe sounds like an opinion to me. :D I wanted Caddy to see his reflection.

Well, you know darn good and well that the U.S. Supreme Court voted 7-2 to stop the recount, not 5-4.

I never took you to be a revisionist. For shame!

not only did they do that, 3 of the justices dissenting in the 5-4 decision, breyer, stevens, and ginsburn, said that congress under should decide, under the electoral count act of 1887, which would have ended up bush anyway.
 

Moonbeam

Elite Member
Nov 24, 1999
74,950
6,796
126
Originally posted by: heartsurgeon
the liberal response to Bush's position will be nuanced when necessary...

in conservative states, they will claim that they are against a constitutional amendment addressing the issue, and that individual states should have the right to decide...althouigh this totally ignores the issue of federal tax codes, federal laws, etc.

in liberal states, they will say the same thing!!

in effect, they can take both sides of the issue, just by being Anti-Bush!

this will be their plan, and when cornered, they will not be against "Gay marriage", they will instead "favor" Gay civil unions that have all the same legal implications as marriage..
The conservative response will be bigotry.

 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,407
8,595
126
Originally posted by: Moonbeam

You would be surprised at how ignarant I can be. :D But where did I say 5-4. And I thought, off the top of my head in my ignroance that 7-2 was to hear the case. I't been a while. But I appreciate some specifics. It beats the hell out of tripe. :D I wish I could get something concrete out of the anti-gay bigots.

"Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy. See post, at 6 (SOUTER, J., dissenting); post, at 2, 15 (BREYER, J., dissenting). "

Bush v. Gore, 531 U.S. 98, 111 (U.S. , 2000)
 

conjur

No Lifer
Jun 7, 2001
58,686
3
0
Originally posted by: Moonbeam
Originally posted by: conjur
Originally posted by: Moonbeam

Funny and tripe....thanks josphII for the tremendous intellectual analysis. Hehe! I know where to file it.

Conjur, you'll need to do better too. Tripe sounds like an opinion to me. :D I wanted Caddy to see his reflection.

Well, you know darn good and well that the U.S. Supreme Court voted 7-2 to stop the recount, not 5-4.

I never took you to be a revisionist.  For shame!

You would be surprised at how ignarant I can be. :D But where did I say 5-4. And I thought, off the top of my head in my ignroance that 7-2 was to hear the case. I't been a while. But I appreciate some specifics. It beats the hell out of tripe. :D I wish I could get something concrete out of the anti-gay bigots.

You're just a bigot, too, ya know. It's just that your bigotry is directed at one person, G.W. :p

Anyway...you posted that message and in it was a claim that the SCOTUS voted 5-4 to stop the recount. That is incorrect. The 5-4 vote was for the remedy after they voted 7-2 to stop the recount.
 

Moonbeam

Elite Member
Nov 24, 1999
74,950
6,796
126
Originally posted by: conjur
Originally posted by: Moonbeam
Originally posted by: conjur
Originally posted by: Moonbeam

Funny and tripe....thanks josphII for the tremendous intellectual analysis. Hehe! I know where to file it.

Conjur, you'll need to do better too. Tripe sounds like an opinion to me. :D I wanted Caddy to see his reflection.

Well, you know darn good and well that the U.S. Supreme Court voted 7-2 to stop the recount, not 5-4.

I never took you to be a revisionist.  For shame!

You would be surprised at how ignarant I can be. :D But where did I say 5-4. And I thought, off the top of my head in my ignroance that 7-2 was to hear the case. I't been a while. But I appreciate some specifics. It beats the hell out of tripe. :D I wish I could get something concrete out of the anti-gay bigots.

You're just a bigot, too, ya know. It's just that your bigotry is directed at one person, G.W. :p

Anyway...you posted that message and in it was a claim that the SCOTUS voted 5-4 to stop the recount. That is incorrect. The 5-4 vote was for the remedy after they voted 7-2 to stop the recount.

Ah good, so it wasn't me that said that, only something from a quote. I wasn't sure of I'd lost my mind or what. :D But you and ELFenix are off on a tare. The accuracy of my quote was not the issue. I wanted to show Cad what his judicial activism amounts to. How you define legislating from the bench is just a matter of interpretation that's colored by where you are when you look. Stating it's existance means nothing. The real issue is getting to the truth. Who sees things more or less objectively. I don't, from thousands of examples think it will be Cad. He is a rather predictible program.