canadianspankee:
It is a fact that 4 out of 9 SC Judges voted against this ruling. That tells me there are serious legal questions about this subject, but so many seem to be willing to ignore those questions. From what I read those questions concerned the rights of others, but many choose to ignore that as well.
For one thing, that argument would hold more water if several of the judges in question weren't blatantly partisan.
For another, the supreme court is designed so that the majority ruling is final. The system was set up with the knowledge that the court will have to take a stand on controversial subjects, and that close votes will sometimes happen.
canadianspankee:
Second the USA is a democratic country based on the will of the people, but you have individual states who conducted a free vote and now you have over ruled the will of those people and yet you celebrate because you did. Good for those who celebrate, I wonder what happens the next time your state votes on a issue and gets over ruled by people outside the state. I guess many of you think that is fine, unless of course you voted the other way and then how do you feel?
Except that there's a ton of legal precedent for the federal government doing just that, most famously in regards to the Civil Rights Act. Some powers are reserved for individual states, but it has since been decided that these do NOT include the power to oppress segments of the state's population and deny them the rights and privileges that other citizens enjoy. Since marriage confers legal benefits, including financial ones designed to help with childrearing, barring homosexual couples from getting married constitutes a denial of rights and privileges, and possibly oppression depending on how you define that.
This is
exactly the kind of situation where the Federal government is supposed to step in. Just like with black suffrage. If my state votes on an issue in a way that violates constitutional principles or defeats the purpose of having a liberal democracy in the first place, I only hope that the feds will do their job once again.
canadianspankee:
Thirdly you want to give rights to certain types of people of marriage but are willing to take away the right to practice the right also guaranteed in your constitution of every individual being able to practice their religion. You want to force individuals who hold certain jobs to do things against their held beliefs yet you fight for the other side because they believe it is a right to do what they want.
So on one side of the room you have a gay couple who demand a marriage license. On the other side of the room you have a county clerk whose religion says it is wrong and does not want to issue to license. The couple could go to another clerk not under such compulsion but no they want this particular clerk to issue it. The clerk could find another job, but this is his/her living and should not have to give it up especially as we all know jobs are tight. People have rights but it seems many are determined to force the clerk out of his to give to the couple their rights over the clerk. And the worst part is, they do this without a thought about the clerks rights and celebrate doing so. County clerks are just one small part of those affected by this.
For one thing, I don't know of any religion in the world that bars its adherents from living in a society where gay people can get married.
For your county clerk example: what if he doesn't want to issue a marriage license to an interracial couple? Should that still be his right? What if he's a xenophobe who doesn't want to issue one to a pair of immigrants? What if he just doesn't like the couple and doesn't feel like marrying them? Should these all be protected by the government? They shouldn't be, and they aren't. This is no different.
canadianspankee:
Wow people, what happens when it comes down to your rights to have this site and enjoy spanking or being spanked. One day the courts may rule you are wrong and take away that right even though you are adults and have rights. Oh wait...many are willing to give up the rights of the county clerk...I guess such individual rights are not that important.
Except, we wouldn't be the county clerk in your example. We would be the homosexuals in the states that are trying to fight gay marriage, being discriminated against for our sexuality. The county clerk would be the people who send Februs and Flopsy threatening emails demanding the site to be taken down.
Taking away a bigot's ability to persecute someone else is NOT persecution of the bigot, it is simply equality.
canadianspankee:
I think the USA is a great country and I visit often. Whether I agree with the court is neither here nor there as I am Canadian, but as someone who is sitting back not involved in all the hype this is a strange situation. And a dangerous one as the rights of an individual are in danger. Some may think what are a few individuals compared to the whole community of gay people. My friends those individuals may well be you one day so be very careful what you are prepared to give up.
What are a few individuals not getting a ruling that won't really effect them at all, compared to the whole community of gay people getting one that will substantially change their lives for the better? Nothing. Absolutely nothing.
canadianspankee:
End of my writing about this. I am sure all will live another day and continue on despite what ever happens. May the USA prosper and continue, a great place to live, at least for those people who don't lose their individual rights to practice what they believe in. Oh and please don't get hurt feelings by what I write, just remember what I say when it comes the day you lose your rights as an individual, you may feel a lot different on that day.
My feelings aren't hurt, though I'm a little annoyed by the smugness of your conclusion. Hopefully you'll still read this, even if you don't feel like writing any more in response.