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Old 12-12-2013, 09:49 AM   #621
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ah that blows.. but couldn't they have figured out this was bound to happen in advance then?
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Old 12-12-2013, 10:19 AM   #622
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Disappointed with Australia, but not surprised with India. It's a country that doesn't respect women much, so how can we expect them to care about the gay community?
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Old 12-12-2013, 09:22 PM   #623
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I soooooo don't understand the difference between the ACT and NT and the rest.
Basically, each state is sovereign, having freely joined the Australian Commonwealth, and state legislative powers are constitutionally protected; Commonwealth legislation only affects states where permitted by the constitution.

Territories, on the other hand, are directly administered by the federal government. Self-government has been granted to the ACT and NT (and Norfolk Island too) by the Commonwealth, but the federal government can override any territorial legislation and has full power to legislate for territories on any issue. The Commonwealth also has direct control over some issues in territories that it does not control in states (e.g. administration of Aboriginal lands in NT).

So basically, had the High Court ruled the ACT's marriage equality act constitutional, the federal government could have chosen to override it (though I think this would have had to have been via an act of parliament, which would've been unpopular and likely to fail). However, had this been a state marriage equality act and it had been ruled constitutional, the federal government would have been powerless to change it.

As it stands, the High Court's ruling indicates any state-based legislation for marriage equality would be unconstitutional too.

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ah that blows.. but couldn't they have figured out this was bound to happen in advance then?
Well it really seems to have been a test case - marriage equality had failed federally, so could a state or territory get legislation up? Could a lawyer provide a convincingly creative reading of the federal Marriage Act (e.g. that the act only covers heterosexual marriage, not homosexual marriage, so states/territories are free to legislate on the latter)? It was always going to be an uphill battle, especially as the Marriage Act was created in the first place to stop a confusing proliferation of different state regulations for marriage.

I do wish that a state rather than the ACT had been the first to go to court, given their stronger legislative position, but in the end I don't think it would have affected the outcome given the court's justification for the ruling.
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Old 12-12-2013, 11:53 PM   #624
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This quote form the LA Times article almost made me fall out of my chair (emphasis added):

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“If homosexuality is to be made legal, then let everyone be a homosexual,” said Kamal Farooqi, a member of the All India Muslim Personal Law Board, one of the groups that petitioned the Supreme Court. “Homosexuality is against nature's law of reproduction. The world will end in 100 years without reproduction.”

India's Supreme Court reinstates law criminalizing gay sex - latimes.com
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Old 12-13-2013, 07:35 AM   #625
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Thanks for clarifying that Ax, it's a rather confusing situation!


@ martha's quote. Sooooo when homosexuality is legal, that turns everybody into homosexuals and we won't have any babies anymore? Yeah, we sure can't argue with such sound logic.


Better not tell him that there's plenty of animal species that have homosexuality then... becuase they're obviously supposed to be extinct.
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And if U2 EVER did Hawkmoon live....and the version from the Lovetown Tour, my uterus would leave my body and fling itself at Bono - for realz.
Don't worry baby, it's gonna be all right. Uncertainty can be a guiding light...
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Old 12-14-2013, 05:04 AM   #626
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yep, because it's those pesky laws keeping the opposite sex together. lord knows in countries where homosexuality is legal, there are no straight couples. zilch. hell, in countries where same sex marriage is legal, straight couples don't even get married anymore.
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Old 12-14-2013, 08:11 AM   #627
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And they totally don't get divorced either, cause that's, like, against the bible man!
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And if U2 EVER did Hawkmoon live....and the version from the Lovetown Tour, my uterus would leave my body and fling itself at Bono - for realz.
Don't worry baby, it's gonna be all right. Uncertainty can be a guiding light...
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Old 12-16-2013, 04:38 AM   #628
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And since they're not married, they can't reproduce. Biology be damned, babies are created by legal marriage certificates and ceremonies.
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Old 12-17-2013, 09:14 PM   #629
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http://www.usatoday.com/story/sports...&dlvrit=206567
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Old 12-18-2013, 08:49 AM   #630
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Nice move!


Though I'm afraid it isn't going to change the current laws at all, it still is a nice touch.
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And if U2 EVER did Hawkmoon live....and the version from the Lovetown Tour, my uterus would leave my body and fling itself at Bono - for realz.
Don't worry baby, it's gonna be all right. Uncertainty can be a guiding light...
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Old 12-18-2013, 06:39 PM   #631
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Thanks Obama!
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Old 12-20-2013, 08:48 AM   #632
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it's now legal in New Mexico. that's state #17.

http://www.nytimes.com/2013/12/20/us...iage.html?_r=0
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Old 12-20-2013, 09:20 AM   #633
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Great news.
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And if U2 EVER did Hawkmoon live....and the version from the Lovetown Tour, my uterus would leave my body and fling itself at Bono - for realz.
Don't worry baby, it's gonna be all right. Uncertainty can be a guiding light...
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Old 12-20-2013, 05:23 PM   #634
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So, people on the interwebs are saying it's now legal in Utah? For real?

Poor Arizona. Surrounded by gay marriage and Mexico.
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Old 12-20-2013, 06:03 PM   #635
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Well.

Quote:
SALT LAKE CITY — A federal judge on Friday struck down Utah’s same-sex marriage ban, saying it was unconstitutional.

The judge, Robert J. Shelby of Federal District Court for the District of Utah, issued a 53-page ruling that said Utah’s law, which was passed by voters in 2004, violated the rights of gay and lesbian couples to due process and equal protection under the 14th Amendment.

Judge Shelby said the state had failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way, and that the state’s unsupported fears and speculations were not sufficient to justify barring same-sex marriages.

Lawyers for the state had argued that Utah’s law promoted the state’s interest in “responsible procreation” and the “optimal mode of child-rearing.” The lawsuit was brought by three gay and lesbian couples in Utah.

Many similar court challenges are pending in other states, but Utah’s has been closely watched because of the state’s history of staunch opposition to same-sex marriage as the home of the Church of Jesus Christ of Latter-day Saints.

The ruling followed a court decision on Thursday in New Mexico, where the State Supreme Court unanimously affirmed the right of same-sex partners to marry, saying that the “protections and responsibilities that result from the marital relationship shall apply equally” to them and to opposite-sex couples.
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Old 12-20-2013, 06:23 PM   #636
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It looks like The Court is tired of Utah telling people who they can love and live with.

Utah court ruling eases fear among polygamists - CBS News
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Old 12-20-2013, 06:39 PM   #637
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"responsible procreation"??
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Old 12-20-2013, 07:32 PM   #638
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Hmm so maybe Utah gets added to the 2014 possibility list with Oregon, Ohio, Michigan, Virginia, PA.
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Old 12-20-2013, 08:08 PM   #639
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Hmm so maybe Utah gets added to the 2014 possibility list with Oregon, Ohio, Michigan, Virginia, PA.


Supposedly the unelected, appointed AG is going to appeal the decision in the whole "will of the people" spirit.

Irony abounds.
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Old 12-21-2013, 08:34 AM   #640
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Judge Shelby said the state had failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way, and that the state’s unsupported fears and speculations were not sufficient to justify barring same-sex marriages.
Cause there is nothing to show!

I wonder how the lovely Church of Jesus Christ of Latter-day Saints people will respond. I'm sure it'll be lovely as usual.
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And if U2 EVER did Hawkmoon live....and the version from the Lovetown Tour, my uterus would leave my body and fling itself at Bono - for realz.
Don't worry baby, it's gonna be all right. Uncertainty can be a guiding light...
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