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Michigan gay marriage ban declared unconstitutional
#4
RE: Michigan gay marriage ban declared unconstitutional
(March 21, 2014 at 9:44 pm)Justtristo Wrote: I am wondering how these courts are declaring various state bans on recognizing same sex marriages as unconstitutional?

Because here in Australia our version of the Supreme Court (the High Court), struck down a bill legally recognising same sex marriages made by a territory. Citing a section in our constitution giving the only the commonwealth government the power to make laws concerning marriages.

Because the systems aren't the same, I would guess.

Most state constitutions guarantee basic human rights and equal protection. The state courts are declaring that is in violation of the state's constitutional guarantee.

The U.S. Supreme Court declared a key part of the federal law on the same basis - equal protection under the law.
Skepticism is not a position; it is an approach to claims.
Science is not a subject, but a method.
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RE: Michigan gay marriage ban declared unconstitutional - by Chas - March 21, 2014 at 11:20 pm

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