Same Sex Marriage in North Cackilacki!

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Bill Bryan
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Same Sex Marriage in North Cackilacki!

Post #1 by Bill Bryan » July 29th, 2014, 6:10 am

[link]ThinkProgress,http://thinkprogress.org/lgbt/2014/07/28/3464911/4th-circuit-rules-against-virginias-ban-on-same-sex-marriage/[/link]

4th Circuit Rules Against Virginia’s Ban On Same-Sex Marriage

The Fourth Circuit Court of Appeals ruled 2-1 Monday that Virginia’s ban on same-sex marriage is unconstitutional, upholding a lower-court ruling from February. The majority concluded that “Virginia’s same-sex marriage bans impermissibly infringe on its citizens’ fundamental right to marry.”

[Editor's Note: The Fourth Circuit Court of Appeals has jurisdiction over Virginia, West Virginia, Maryland, South Carolina, and NORTH CAROLINA.]

The decision highlighted that “over the decades, the Supreme Court has demonstrated that the right to marry is an expansive liberty interest that may stretch to accommodate changing societal norms,” citing Loving v. Virginia, which overturned the commonwealth’s ban on interracial marriage, as a notable example. These decisions, the majority wrote, “speak of a broad right to marry that is not circumscribed based on the characteristics of the individuals seeking to exercise that right.”

[...]

Addressing the county clerks’ arguments defending the ban, the panel rejected claims that the Supreme Court’s recent decision upholding Michigan’s voter-approved ban on affirmative action in higher education had any impact in this case. Though “Americans’ ability to speak with their votes is essential to our democracy,” they wrote, “the people’s will is not an independent compelling interest that warrants depriving same-sex couples of their fundamental right to marry.”

The majority similarly rejected the clerks’ other arguments regarding history and tradition, protecting the institution of marriage, encouraging responsible procreation, and promoting the optimal childrearing environment, as many other courts have. In particular, they noted that if, as proponents claim, “infertile opposite-sex couples set a positive example for couples who can have unintended children,” there’s “no reason why committed same-sex couples cannot serve as similar role models.” The clerks had argued in their briefs that marriage is only for couples that might accidentally get pregnant.

[link]North Carolina Attorney General To Stop Defending State's Gay Marriage Ban,http://www.huffingtonpost.com/2014/07/28/north-carolina-gay-marriage_n_5628129.html[/link]

[align=center]:yay: :banana: :yay: :banana: :yay: :banana: :yay: :banana: :yay:[/align]

To my gay brethren and sistren -- CONGRATULATIONS, IT'S ABOUT TIME!!
"My presidency is entering the fourth quarter. Interesting stuff happens in the fourth quarter."
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Bill Bryan
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Re: Same Sex Marriage in North Cackilacki!

Post #2 by Bill Bryan » July 29th, 2014, 6:17 am

Like a wheel, baby! Like a snowball rolling downhill! Like an avalanche! Like a tidal wave!!


Why, when I think of all the money spent on passing that evil Amendment One, all I can say is :fiesta: :taunt:

Do you know, for a whole minute back there, I actually considered visiting TFF to see what the vermin were posting about this?

But then I realized:

  1. They probably don't know yet. Gotta give 'em time to catch up with current events. They're none too swift over there.

  2. Who gives a shit what they think? OK, I take that back. There must be somebody who gives a shit what they think. But I'm not in that group.



[align=center]Image[/align]
"My presidency is entering the fourth quarter. Interesting stuff happens in the fourth quarter."
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7rob7
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Re: Same Sex Marriage in North Cackilacki!

Post #3 by 7rob7 » July 29th, 2014, 9:51 am

w00t! I'd read about VA but not NC. Cooler beans than I'd supposeatated!

[center]Image Image Image Image Image Image Image[/center]

(Couldn't figure out how to re-post your cheerleader, so I found one of my own. Not as jumpy, but she's do in a pinch.) :twisted:

[hr]

There must be somebody who gives a shit what they think.

Now let me say upfront that I haven't made an exhaustive investigation into the matter, but it seems to me that even vegman no longer gives a shit, having been gone long enough MyOozingZitface posted a thread about it.
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mariaporter
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Re: Same Sex Marriage in North Cackilacki!

Post #4 by mariaporter » August 1st, 2014, 3:01 pm

So glad our state isn't wasting any more resources on this stupid amendment!
"When the people find that they can vote themselves money, that will herald the end of the republic. Sell not liberty to purchase power." -- Benjamin Franklin

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Re: Same Sex Marriage in North Cackilacki!

Post #5 by East of Here » August 1st, 2014, 7:03 pm

Millions of our tax dollars pissed away on a mean spirited, short-lived political stunt...

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Re: Same Sex Marriage in North Cackilacki!

Post #6 by Bill Bryan » August 2nd, 2014, 7:26 am

Well ... IMHO, marriage equality is not a done deal yet. I think East of Here will agree. Amendment One hasn't been struck down explicitly.

Roy Cooper didn't instruct the counties to start issuing licenses to same sex couples. He just said he isn't going to enforce it - meaning nobody's going to jail.

A quick search doesn't reveal any news stories about same sex marriages taking place in North Carolina ... yet. [link]This article,http://www.wral.com/nc-to-stop-defending-marriage-amendment/13849683/[/link] says that there are six ongoing lawsuits, and that the ACLU is going to file motions in those courts to speed things up. It may not be much longer, but some court is going to have to explicitly rule that Amendment One is unconstitutional, which it is.

The good news is, a huge number of courts across this great land of ours have now ruled that banning marriage equality violates the equal protection clause of the 14th Amendment, so the Supremes are going to have a hard time ducking the issue on some procedural bushwa. No court has ruled that it's legal to ban marriage equality. It's really hard for me to envision that the Supremes are going to rule that the 14th Amendment allows discrimination on the basis of sexual orientation. This is going to be the followup to Loving v. Virginia (President Obama was almost 6 years old when the Supremes said miscegenation laws were unconstitutional).

Cooper is right, Amendment One is "do not resuscitate" but it ain't dead yet. It doesn't help that the thing passed just two years ago, 61% to 38%.

Thom Tillis is pissed off, but that's OK. I'm leaving in a little more than an hour to go canvass for Hagan some more, like I've been doing since May. \:D/

So it's not the end of the road, but it's a hell of a step in the right direction!
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Re: Same Sex Marriage in North Cackilacki!

Post #7 by East of Here » August 2nd, 2014, 6:36 pm

The 4th Circuit's ruling in the Virginia case sets the precedent. It is pretty much a foregone conclusion that the Fed courts are going to rule against NC on the same basis. So why continue throwing money into a lost cause? The Supreme Court will get the Virginia case, I imagine, and they will then settle the issue one way or the other.

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Re: Same Sex Marriage in North Cackilacki!

Post #8 by Bill Bryan » August 8th, 2014, 5:02 am

[bbvideo=425,350]http://www.youtube.com/watch?v=7Wsi71F_T9Q[/bbvideo]
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Re: Same Sex Marriage in North Cackilacki!

Post #9 by Bill Bryan » October 7th, 2014, 10:17 am

Umm, I assume y'all know what happened yesterday.

The Supremes let the 4th Circuit decision stand. They're not going to overturn it.

The 4th Circuit decision was that laws that prevent marriage equality violate the 14th Amendment to the U.S. Constitution, and are therefore unconstitutional.

North Carolina is within the 4th Circuit. That's the law here too now, regardless of the horrible Amendment One.

Amendment One violates the U.S. Constitution, which is the supreme law of the land. Thus, it is unenforceable and no longer valid law in the great state of North Cackilacki.

I am living in a world far beyond the scope of my imagination.
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Re: Same Sex Marriage in North Cackilacki!

Post #10 by 7rob7 » October 8th, 2014, 9:11 am

Ain't it grand? \:D/
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Re: Same Sex Marriage in North Cackilacki!

Post #11 by Bill Bryan » October 10th, 2014, 6:23 pm

[align=center]GAY MARRIAGES TAKING PLACE IN NORTH CACKILACKI!!!1!!

:cheer: :yay: :cheer: :yay: :cheer: :yay: :cheer:[/align]

A federal judge in western North Carolina struck down the state’s ban on gay marriage late Friday, capping a roller-coastter day of legal activity.

U.S. District Judge Max Cogburn issued the historic ruling at 5:32 p.m.

It came less than an hour after U.S. District Judge William Osteen entered an order late Friday afternoon postponing decisions in two challenges before him until next week.

Gay couples across the state anxiously awaited the stroke of a federal judge’s pen.

Registers of deeds in some counties kept their offices open late.


By 5:45 p.m. same-sex unions began in Wake County.


http://www.newsobserver.com/2014/10/10/ ... rylink=cpy
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Re: Same Sex Marriage in North Cackilacki!

Post #12 by 7rob7 » October 10th, 2014, 8:26 pm

Wth today being National Coming Out Day -- =D> =D> =D> =D> =D> =D> =D> -- the timing could not have been sweeter.
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Re: Same Sex Marriage in North Cackilacki!

Post #13 by Bill Bryan » October 11th, 2014, 5:23 am

I know y'all don't follow my Twitter account, so let me share a couple of my 140-character thoughts from last night.

  • Marriage equality is the law in North Carolina today. Clerks in my county issued marriage licenses to LGBT couples this afternoon.

  • I'm still as straight as the shortest distance between two points (geometry, kids) but I'm thrilled for my LGBT brethren and sistren.

  • It's a great time to be alive. I am living in a world far beyond the scope of my imagination. I freaking LOVE the 21st century!

  • I want to officially blame Obama right this minute for marriage equality in North Carolina, before the rush begins. Thanks Obama. Love wins!

  • The arc of history is long, but it bends towards justice ... and towards love. It's a great day in this great land of ours.

  • @(friend of mine) It's nothing short of awesome, girlfriend. I'm so happy, especially for my friends Wayne and John. Sherie is thrilled too.

  • I feel a little like I felt when the Iron Curtain fell. The world I grew up in is a thing of the past. Time brings great progress!

  • @JoeMyGod #DayOneNC I love North Carolina, and it's getting better and better. Been canvassing since May for @kayhagan. A great day in NC.

It's funny ... at first I didn't think I'd like Twitter. Couldn't write anything less than 140 characters. Now I view it as a challenge, and I have ~ 200 followers. Plus birthers follow my tweets and then lie about what I said on Birther Report. Like, I give a link to 262 accomplishments by Obama, they say I tweeted that Obama has played 262 games of golf since taking office. Sad crazy people, after six years of epic failure.
"My presidency is entering the fourth quarter. Interesting stuff happens in the fourth quarter."
- President Barack Obama

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Re: Same Sex Marriage in North Cackilacki!

Post #14 by East of Here » October 11th, 2014, 9:35 am

I like how the local Islamists - ...um, ... I mean Christian fundamentalists... - still don't understand that this issue is not a judicial reinterpretation of the biblical definition of the word "marriage"; but rather the judicial affirmation/recognition that equal protection under the U.S. Constitution applies to all people, regardless of sexual orientation. What is sad is that it has taken this long for the Courts to grow a set of balls and affirm what any rational legal scholar should have always expected.

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Re: Same Sex Marriage in North Cackilacki!

Post #15 by clando » October 11th, 2014, 11:39 am

East of Here wrote:I like how the local Islamists - ...um, ... I mean Christian fundamentalists... - still don't understand that this issue is not a judicial reinterpretation of the biblical definition of the word "marriage"; but rather the judicial affirmation/recognition that equal protection under the U.S. Constitution applies to all people, regardless of sexual orientation. What is sad is that it has taken this long for the Courts to grow a set of balls and affirm what any rational legal scholar should have always expected.

Where is the like button!

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Bill Bryan
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Re: Same Sex Marriage in North Cackilacki!

Post #16 by Bill Bryan » October 11th, 2014, 12:05 pm

Image
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Re: Same Sex Marriage in North Cackilacki!

Post #17 by clando » October 11th, 2014, 12:23 pm

Figure of speech!!! :D

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Re: Same Sex Marriage in North Cackilacki!

Post #18 by 7rob7 » October 12th, 2014, 8:22 am

What about a "like" button that smells nice?
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