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To: Nadine Carroll who wrote (376600)8/4/2010 11:02:45 PM
From: ManyMoose1 Recommendation  Respond to of 794349
 
Could somebody explain to me how you could possibly uphold this judge's ruling and not allow polygamy?

polygamy, marriage with animals, objects, and so forth. It's a slippery slope.



To: Nadine Carroll who wrote (376600)8/4/2010 11:21:29 PM
From: KLP  Respond to of 794349
 
Maybe no one can, let alone this judge.



To: Nadine Carroll who wrote (376600)8/5/2010 12:01:50 AM
From: Elroy  Respond to of 794349
 
THE RIGHT TO MARRY

What does he mean by the "right to marry"? Who gave US citizens a right to marry?



To: Nadine Carroll who wrote (376600)8/5/2010 9:22:16 AM
From: Jorj X Mckie1 Recommendation  Respond to of 794349
 

Could somebody explain to me how you could possibly uphold this judge's ruling and not allow polygamy?


I am certain that this will be challenged by a muslim group before too long.

The question will then become "why are we willing to change this for muslims when we wouldn't do it for mormons?"



To: Nadine Carroll who wrote (376600)8/5/2010 10:32:46 AM
From: D. Long4 Recommendations  Read Replies (1) | Respond to of 794349
 
Could somebody explain to me how you could possibly uphold this judge's ruling and not allow polygamy?

That's the slippery slope created by Romer and Lawrence. If commonly held moral beliefs have no bearing, then anything is permissible.

I think I would have taken a different tack if I were representing California. The state tried to justify the amendment as having a rational basis, which generally is a pretty low bar which the judiciary gives deference to the state. But, alas, not in this case. I would have thrown in another argument - that the "fundamental right" under the due process clause of the 14th Amendment protects only marriage between a man and a woman. Fundamental rights analysis finds rights under the due process clause by looking at long-held traditional beliefs. Well, that is man-woman marriage, and nothing else. The courts should not create this right under the due process clause under the excuse that it is a strongly held tradition, then twist the hell out of it later to pervert that strongly held tradition until it is unrecognizable. I think that might have been a much stronger defense.