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MARRIAGE EQUALITY NATIONWIDE
RE: MARRIAGE EQUALITY NATIONWIDE
Just a few thoughts! I am 100% in support of Gay marriage (and even maybe Gay, dont know), just to be clear.


The Supreme court merely made gay marriage bans unconstitutional. This usually means all lower courts must comply with this order. And most do as not complying will involve huge fines, enforcement actions and so on.

Kansas seems to be playing up the ruling these days. Bronwback's republican government came under fire in Kansas city and he was so caring that he apparently "devolved" gay marriage licensing to individual counties through the Kansas courts (In reality, it was the court that made this decision). This created an odd scenario where some counties recognized Gay marriage and gave out licenses, some recognized gay marriage (because the state court did) but refused to give out licenses and some which had no stance (as no gay people applied for licenses in these rural counties).

After the supreme court decision, the situation got further complicated, as the state recognized gay marriage (albeit it did not sit well with Brownback and his cronies) but indivdual counties refused to give out licenses citing older state laws. (The supreme court did not strike down these laws)

Brownback made new promises to stop gay couples from changing their Driving License names when theey marry, stopped them sharing income tax (which means they pay more) and also Kansas divorce courts will treat them as 2 individuals, not a couple.

How are these discriminatory laws still allowed? I thought discrimination laws were also banned by the ruling de facto?

Kansas remains the only jurisdiction that does not issue licenses in some of its parts (in the union). Some southern states will do not have gay hate laws, anti-gay discrimination laws, equal treatment laws for gays etc.... without these laws in place, the supreme court decision is merely a symbolic gesture ( and does little to help gay people living in the South following their marriage )
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RE: MARRIAGE EQUALITY NATIONWIDE
Hey Americans I have a question and I'm hoping to understand this better:

It's great gay marriage is now legal, but how does a court (judicial power) pass a law dictating something (legislative power)? I don't understand this. Isn't this a gross violation of separation of powers? How can a court even legalize something? Thinking Sorry if the question is stupid.
Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long enough into an abyss, the abyss will gaze back into you

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RE: MARRIAGE EQUALITY NATIONWIDE
I guess it has to do with it being the SUPREME court decision and the fact that logic will eventually always win over ignorance.
"Never trust a fox. Looks like a dog, behaves like a cat."
~ Erin Hunter
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RE: MARRIAGE EQUALITY NATIONWIDE
(July 14, 2015 at 8:14 pm)Kitan Wrote: I guess it has to do with it being the SUPREME court decision and the fact that logic will eventually always win over ignorance.

And? It's still a judicial institution interfering with the legislative power. How does this work? The fact it's an upper court has little to no relevance to my question so stop providing useless answers.
Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long enough into an abyss, the abyss will gaze back into you

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RE: MARRIAGE EQUALITY NATIONWIDE
Stop asking stupid questions then.
"Never trust a fox. Looks like a dog, behaves like a cat."
~ Erin Hunter
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RE: MARRIAGE EQUALITY NATIONWIDE
(July 14, 2015 at 8:31 pm)Kitan Wrote: Stop asking stupid questions then.

Is it stupid to wonder how a judicial institution can legalize something when that prerogative belongs to the legislative branch of government? Since when is being curious stupid? Thinking
Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long enough into an abyss, the abyss will gaze back into you

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RE: MARRIAGE EQUALITY NATIONWIDE
(July 14, 2015 at 8:33 pm)Dystopia Wrote:
(July 14, 2015 at 8:31 pm)Kitan Wrote: Stop asking stupid questions then.

Is it stupid to wonder how a judicial institution can legalize something when that prerogative belongs to the legislative branch of government? Since when is being curious stupid? Thinking

It's more that the legislative branch only proposes laws. The judicial branch strikes down bad laws and pushes through good ones. Th
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RE: MARRIAGE EQUALITY NATIONWIDE
(July 14, 2015 at 8:12 pm)Dystopia Wrote: Hey Americans I have a question and I'm hoping to understand this better:

It's great gay marriage is now legal, but how does a court (judicial power) pass a law dictating something (legislative power)? I don't understand this. Isn't this a gross violation of separation of powers? How can a court even legalize something? Thinking Sorry if the question is stupid.

In a nutshell: The legislature writes laws, the President signs them into law, and the courts strike them when they violate the Constitution.

It isn't so much the court writing law as it is striking down unconstitutional law.
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RE: MARRIAGE EQUALITY NATIONWIDE
That's a fair explanation, thanks. Striking down unconstitutional laws is a common practice in Europe as well - What isn't is a court legalizing something - That is what says in the OP, how does this work? There's always a natural and required intersection and contact between the three branches of power - My interest is investigating what's the optimal point to avoid compromising too much each branch.
Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long enough into an abyss, the abyss will gaze back into you

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RE: MARRIAGE EQUALITY NATIONWIDE
(July 14, 2015 at 9:34 pm)Dystopia Wrote: That's a fair explanation, thanks. Striking down unconstitutional laws is a common practice in Europe as well - What isn't is a court legalizing something - That is what says in the OP, how does this work? There's always a natural and required intersection and contact between the three branches of power - My interest is investigating what's the optimal point to avoid compromising too much each branch.

Same-sex marriage was legalized by virtue of striking down all of the laws that prohibited it. In the United States, if the law is silent on a topic, it is allowed. Anything not prohibited is permitted.
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