District Judge Upholds Puerto Rico gay marriage ban
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  District Judge Upholds Puerto Rico gay marriage ban
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Author Topic: District Judge Upholds Puerto Rico gay marriage ban  (Read 1184 times)
SteveRogers
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« on: October 23, 2014, 05:27:48 PM »

This marks only the second time a federal district judge has upheld a same-sex marriage ban. And I bet the First Circuit thought they weren't going to get to weigh in. 

http://abcnews.go.com/International/wireStory/appeal-sought-puerto-rico-gay-marriage-case-26376676
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ElectionsGuy
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« Reply #1 on: October 23, 2014, 05:29:32 PM »

I didn't even know they had one.
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Likely Voter
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« Reply #2 on: October 23, 2014, 06:02:25 PM »

Interestingly the judge is a Carter appointee, so he is first Dem appointee to uphold a ban. The LA judge who upheld the ban was a Reagan appointee. 

 But I doubt this survives at the first circuit.
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Oswald Acted Alone, You Kook
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« Reply #3 on: October 23, 2014, 06:13:57 PM »

First time we hered anything from a territory. I wonder how the other four are.
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« Reply #4 on: October 23, 2014, 07:39:47 PM »

First time we hered anything from a territory. I wonder how the other four are.

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True Federalist (진정한 연방 주의자)
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« Reply #5 on: October 23, 2014, 08:01:54 PM »


Yup, it's even an Article III court with lifetime judgeships.  The Virgin Islands, Guam, and Northern Marianas have district courts that are counted as Article IV territorial courts with judges appointed for a fixed term, but also have their cases appealed to a Federal circuit. (3rd, 9th, and 9th respectively)

American Samoa is the odd man out.  It has a high court that hears issues of local law and an appellate division that for each case has three judges from the high court two US circuit court judges from whatever circuit currently is the least backlogged (of late it's been the fifth circuit that has provided the judges, but no guarantee that they'd provided them if a SSM case arose is American Samoa.  There is no fixed path of appeal on federal issues raised in territorial cases. Original jurisdiction cases involving federal law also get assigned to any US district court that's handy, with the courts for the Districts of Hawaii and Columbia typically selected.  As with many thing involving Eastern Samoa, its relationship with the US government is sorely in need of straightening up, but it never gets done because the Congress always finds more pressing things to do and things generally work out anyway.

First time we heard anything from a territory. I wonder how the other four are.

PR and VI have laws banning SSM, the other three don't say anything in their laws.  There is an effort in the VI to have their legislature repeal the law, but it certainly won't pass until after the election.
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MyRescueKittehRocks
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« Reply #6 on: October 26, 2014, 10:02:36 PM »

When will the federal government respect the will of the states and the people regarding this issue regardless of laws allowing it or banning it?  All the bans recently overturned (this includes California, Indiana, Utah etc ). What I'm saying is if a state bans it don't interfere. If a state allows it don't interfere. 
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H.E. VOLODYMYR ZELENKSYY
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« Reply #7 on: October 26, 2014, 11:04:03 PM »

When will the federal government respect the will of the states and the people regarding this issue regardless of laws allowing it or banning it?  All the bans recently overturned (this includes California, Indiana, Utah etc ). What I'm saying is if a state bans it don't interfere. If a state allows it don't interfere. 

So who did you vote for in 1968? And 1948? And 1860?
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Starbucks Union Thug HokeyPuck
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« Reply #8 on: October 26, 2014, 11:11:39 PM »

When will the federal government respect the will of the states and the people regarding this issue regardless of laws allowing it or banning it?  All the bans recently overturned (this includes California, Indiana, Utah etc ). What I'm saying is if a state bans it don't interfere. If a state allows it don't interfere. 

Do people like you not understand that the very point of founding countries like the United States is that some things are NOT UP TO PUBLIC OPINION?  That's what we are debating here.  Our courts are trying to decide, through case law and Constitutional interpretation, whether or not states even have the right to prevent same sex couples from marrying.  Your stupid cries about the "will of the people" show me that you don't even understand the context of the gay marriage debate in the first place... or any civil rights case ever heard by a judge at all. 
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Knives
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« Reply #9 on: October 27, 2014, 03:15:53 AM »

When will the federal government respect the will of the states and the people regarding this issue regardless of laws allowing it or banning it?  All the bans recently overturned (this includes California, Indiana, Utah etc ). What I'm saying is if a state bans it don't interfere. If a state allows it don't interfere. 

Federal Government > States,  the states tbh.
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afleitch
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« Reply #10 on: October 27, 2014, 06:49:39 AM »

When will the federal government respect the will of the states and the people regarding this issue regardless of laws allowing it or banning it?  All the bans recently overturned (this includes California, Indiana, Utah etc ). What I'm saying is if a state bans it don't interfere. If a state allows it don't interfere. 

If a state wished to ban people practicing Christianity. Do you think that should be allowed and that federal government and the judiciary should not interfere?
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Starbucks Union Thug HokeyPuck
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« Reply #11 on: October 27, 2014, 08:21:06 AM »

When will the federal government respect the will of the states and the people regarding this issue regardless of laws allowing it or banning it?  All the bans recently overturned (this includes California, Indiana, Utah etc ). What I'm saying is if a state bans it don't interfere. If a state allows it don't interfere. 

If a state wished to ban people practicing Christianity. Do you think that should be allowed and that federal government and the judiciary should not interfere?

Mr. JCL needs a real world example.  I would be willing to bet that a majority of Oklahomans would be for a ban on Islam.  Would the will of the people be in effect there? 
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Bacon King
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« Reply #12 on: October 27, 2014, 08:47:56 AM »

decision: http://lawprofessors.typepad.com/files/pr_ssm.pdf
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Small Business Owner of Any Repute
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« Reply #13 on: October 27, 2014, 09:51:36 AM »

When will the federal government respect the will of the states and the people regarding this issue regardless of laws allowing it or banning it?  All the bans recently overturned (this includes California, Indiana, Utah etc ). What I'm saying is if a state bans it don't interfere. If a state allows it don't interfere. 

Right, the only time the federal government should interfere is if a state legalizes gay marriage. Then, it's in the people's best interest to shut that thing down. Especially in California, now that polls show a large majority favors gay marriage.

No one's buying what you're selling, dude.
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Starbucks Union Thug HokeyPuck
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« Reply #14 on: October 27, 2014, 10:14:36 AM »

When will the federal government respect the will of the states and the people regarding this issue regardless of laws allowing it or banning it?  All the bans recently overturned (this includes California, Indiana, Utah etc ). What I'm saying is if a state bans it don't interfere. If a state allows it don't interfere. 

Right, the only time the federal government should interfere is if a state legalizes gay marriage. Then, it's in the people's best interest to shut that thing down. Especially in California, now that polls show a large majority favors gay marriage.

No one's buying what you're selling, dude.

Bigots like to dress up their bigotry in all sorts of fancy language.  JCL fails in even that regard by making no sense.
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Grumpier Than Uncle Joe
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« Reply #15 on: October 27, 2014, 11:09:06 AM »

I hope Ricky Martin doesn't hear about this.
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Bacon King
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« Reply #16 on: October 27, 2014, 11:33:18 AM »

I hope Ricky Martin doesn't hear about this.

too late

http://latino.foxnews.com/latino/lifestyle/2014/10/24/ricky-martin-regrets-court-ruling-against-gay-marriage-in-puerto-rico/
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True Federalist (진정한 연방 주의자)
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« Reply #17 on: October 27, 2014, 01:09:03 PM »
« Edited: October 27, 2014, 03:37:12 PM by True Federalist »

Reading over it, it appears the judge isn't saying that he thinks SCOTUS is likely to sustain him, but that because Baker is still standing precedent, then notwithstanding the language used in Windsor, if the Baker is going to be overturned, then SCOTUS itself will have to do so rather than get the lower courts to allow it to save face by avoiding having to add another direct overturning of prior case to SCOTUS' record.
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pbrower2a
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« Reply #18 on: October 27, 2014, 03:16:44 PM »

When will the federal government respect the will of the states and the people regarding this issue regardless of laws allowing it or banning it?  All the bans recently overturned (this includes California, Indiana, Utah etc ). What I'm saying is if a state bans it don't interfere. If a state allows it don't interfere. 

If a state wished to ban people practicing Christianity. Do you think that should be allowed and that federal government and the judiciary should not interfere?

Mr. JCL needs a real world example.  I would be willing to bet that a majority of Oklahomans would be for a ban on Islam.  Would the will of the people be in effect there? 

The First Amendment is clear and absolute on the right to practice an unpopular religion. The State that can ban Islam can in turn outlaw Judaism, then in turn...

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