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Politics : GOPwinger Lies/Distortions/Omissions/Perversions of Truth -- Ignore unavailable to you. Want to Upgrade?

To: Steve Dietrich who wrote (149605)	12/9/2008 5:24:06 PM
From: Brumar89	Respond to of 173976

Check out Baker v Nelson. The Minnesota Supreme Court ruled that the U.S. Supreme Court's ruling in Loving v. Virginia, 388 U.S. 1 (1967)—in which the Court ruled that a statute prohibiting interracial marriages was unconstitutional—was not applicable to the Baker case. The Minnesota Supreme Court acknowledged the Fourteenth Amendment prohibits some state restrictions upon the right to marry, but that "in commonsense and in a constitutional sense, there is a clear distinction between a marital restriction based merely upon race and one based upon the fundamental difference in sex". ... . The United States Supreme Court dismissed the case "for want of a substantial federal question." Unlike a denial of certiorari, a dismissal for want of a substantial federal question constitutes a decision on the merits of the case, and as such, is binding precedent on all lower Federal Courts. .... Baker is binding precedent and unless overruled by the United States Supreme Court, it remains that way. As such Baker establishes that a State's decision to prohibit same-sex marriage does not offend the United States Constitution. [edit] Precedential Value of Baker v. Nelson Numerous courts have recognized the precedential value of the United States Supreme Court's summary decision in 1972. These Courts have specifically stated that Baker is the controlling case as it relates to same-sex marriage as it pertains to the United States Constitution. See wikipedia entry on Baker V Nelson.