If SCOTUS legalizes SSM...
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 25, 2024, 05:52:36 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  If SCOTUS legalizes SSM...
« previous next »
Pages: [1] 2
Author Topic: If SCOTUS legalizes SSM...  (Read 12332 times)
Bojack Horseman
Wolverine22
YaBB God
*****
Posts: 4,372
United States


Show only this user's posts in this thread
« on: April 29, 2015, 02:11:58 PM »

How will the ruling be enforced if SCOTUS does legalize same-sex marriage? I'm just kind of concerned about how we'd force states like Kansas and Alabama to comply with the ruling and start issuing/recognizing same-sex marriages. We all know what's going on with Roy Moore in Alabama, and in Kansas, despite the fact that same-sex marriage has been legal since November 7, 2014, Sam Brownback has repeatedly stated that he doesn't care what the courts say, and that Kansas will not under any circumstances recognize gay marriages, period, end of discussion. If this happens, what legal recourse do same-sex couples have at that point?
Logged
Ebsy
Junior Chimp
*****
Posts: 8,001
United States


Show only this user's posts in this thread
« Reply #1 on: April 29, 2015, 02:49:39 PM »

Sue them into oblivion.
Logged
/
darthebearnc
Junior Chimp
*****
Posts: 7,367
Show only this user's posts in this thread
« Reply #2 on: April 29, 2015, 03:01:59 PM »

Logged
SteveRogers
duncan298
YaBB God
*****
Posts: 4,184


Political Matrix
E: -3.87, S: -5.04

Show only this user's posts in this thread
« Reply #3 on: April 29, 2015, 04:08:33 PM »

You'd sue the individual county clerk who refused to grant you a marriage license in federal court, potentially along with any judge who actively stands in the way. Then an injunction would be issued ordering the clerk to issue the marriage license. Then if they still won't give it to you, they can eventually be held in contempt.
Logged
Bojack Horseman
Wolverine22
YaBB God
*****
Posts: 4,372
United States


Show only this user's posts in this thread
« Reply #4 on: April 29, 2015, 06:15:15 PM »

You'd sue the individual county clerk who refused to grant you a marriage license in federal court, potentially along with any judge who actively stands in the way. Then an injunction would be issued ordering the clerk to issue the marriage license. Then if they still won't give it to you, they can eventually be held in contempt.

The problem is that so many couples can't afford to just hire a lawyer and go to court to get a marriage license. Maybe the ACLU would bring a class-action suit?
Logged
SteveRogers
duncan298
YaBB God
*****
Posts: 4,184


Political Matrix
E: -3.87, S: -5.04

Show only this user's posts in this thread
« Reply #5 on: April 29, 2015, 10:52:33 PM »

You'd sue the individual county clerk who refused to grant you a marriage license in federal court, potentially along with any judge who actively stands in the way. Then an injunction would be issued ordering the clerk to issue the marriage license. Then if they still won't give it to you, they can eventually be held in contempt.

The problem is that so many couples can't afford to just hire a lawyer and go to court to get a marriage license. Maybe the ACLU would bring a class-action suit?

Yeah, I'm sure the ACLU and various other groups would jump in to get the ball rolling. You'd probably only need to make an example out of a couple obstructionist clerks before the rest would back off.
Logged
○∙◄☻¥tπ[╪AV┼cVê└
jfern
Atlas Institution
*****
Posts: 53,731


Political Matrix
E: -7.38, S: -8.36

Show only this user's posts in this thread
« Reply #6 on: April 30, 2015, 12:58:17 AM »

Logged
Stranger in a strange land
strangeland
Atlas Icon
*****
Posts: 10,170
United States


Show only this user's posts in this thread
« Reply #7 on: April 30, 2015, 02:42:10 PM »


Which brings us back to the question of which governor is most likely to stand in a doorway to prevent a gay couple from getting married. I'm starting to think that Brownback actually might.
Logged
Attorney General, LGC Speaker, and Former PPT Dwarven Dragon
Dwarven Dragon
Atlas Politician
Atlas Superstar
*****
Posts: 31,716
United States


Political Matrix
E: -1.42, S: -0.52

P P P

Show only this user's posts in this thread
« Reply #8 on: April 30, 2015, 02:57:05 PM »


Which brings us back to the question of which governor is most likely to stand in a doorway to prevent a gay couple from getting married. I'm starting to think that Brownback actually might.
I wouldn't rule it out for Bentley (AL), Bryant (MS) and Jindal (LA).
Logged
Likely Voter
Moderators
Junior Chimp
*****
Posts: 8,344


Show only this user's posts in this thread
« Reply #9 on: April 30, 2015, 07:01:44 PM »

Are you kidding, Jindal has already picked out his outfit for this.
Logged
pbrower2a
Atlas Star
*****
Posts: 26,859
United States


Show only this user's posts in this thread
« Reply #10 on: May 01, 2015, 01:30:08 PM »

Utah has it right. If someone capable of issuing a marriage license has a religious objection to authorizing SSM, then that person may either issue the license or refer the prospective couple to someone who would authorize it.

In some states that might be a volunteer. I WOULD DO SO IF I GOT THE OPPORTUNITY.
Logged
MyRescueKittehRocks
JohanusCalvinusLibertas
Junior Chimp
*****
Posts: 6,763
United States


Show only this user's posts in this thread
« Reply #11 on: May 17, 2015, 09:14:15 AM »

How will the ruling be enforced if SCOTUS does legalize same-sex marriage? I'm just kind of concerned about how we'd force states like Kansas and Alabama to comply with the ruling and start issuing/recognizing same-sex marriages. We all know what's going on with Roy Moore in Alabama, and in Kansas, despite the fact that same-sex marriage has been legal since November 7, 2014, Sam Brownback has repeatedly stated that he doesn't care what the courts say, and that Kansas will not under any circumstances recognize gay marriages, period, end of discussion. If this happens, what legal recourse do same-sex couples have at that point?

And Brownback would be in the right for doing so. The Federal Appellate Courts shouldn't have any legal jurisdiction at all. Wish my governor had the stones to fight back.
Logged
SteveRogers
duncan298
YaBB God
*****
Posts: 4,184


Political Matrix
E: -3.87, S: -5.04

Show only this user's posts in this thread
« Reply #12 on: May 17, 2015, 09:34:09 AM »

How will the ruling be enforced if SCOTUS does legalize same-sex marriage? I'm just kind of concerned about how we'd force states like Kansas and Alabama to comply with the ruling and start issuing/recognizing same-sex marriages. We all know what's going on with Roy Moore in Alabama, and in Kansas, despite the fact that same-sex marriage has been legal since November 7, 2014, Sam Brownback has repeatedly stated that he doesn't care what the courts say, and that Kansas will not under any circumstances recognize gay marriages, period, end of discussion. If this happens, what legal recourse do same-sex couples have at that point?


And Brownback would be in the right for doing so. The Federal Appellate Courts shouldn't have any legal jurisdiction at all. Wish my governor had the stones to fight back.


You are aware that this
 
 
didn't actually work, right?
Logged
Ebsy
Junior Chimp
*****
Posts: 8,001
United States


Show only this user's posts in this thread
« Reply #13 on: May 17, 2015, 02:46:58 PM »

I would pay good money for footage of Brownback standing in the door of some county clerk's office in Lawrence.
Logged
HAnnA MArin County
semocrat08
YaBB God
*****
Posts: 4,041
United States


Show only this user's posts in this thread
« Reply #14 on: May 18, 2015, 11:57:53 PM »

Brownbag will side with his Westboro Baptist Church constituents. Nothing to see here.
Logged
Okay, maybe Mike Johnson is a competent parliamentarian.
Nathan
Moderator
Atlas Superstar
*****
Posts: 34,416


Show only this user's posts in this thread
« Reply #15 on: May 19, 2015, 01:11:55 PM »

The Federal Appellate Courts shouldn't have any legal jurisdiction at all.

what
Logged
Oswald Acted Alone, You Kook
The Obamanation
Junior Chimp
*****
Posts: 8,853
United States


Show only this user's posts in this thread
« Reply #16 on: May 21, 2015, 04:05:32 PM »

...then it will be legal in the remaining 12 states, in addition to the restrictions on MO, AL, and KS being removed.
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,810
United States


Political Matrix
E: 5.45, S: -3.35

Show only this user's posts in this thread
« Reply #17 on: May 22, 2015, 01:19:40 PM »

Opposition within State governments will die with a whimper. It's not like this is something where a State can effectively nullify a federal obligation because their is no external will to enforce it (Like REAL ID or medical marijuana). If a lawful couple attempts to get married and are turned away, its not like they'll shrug their shoulders and call the whole thing off. The only people who REALLY care are the people actually exercising the right. You may have a few dozen local dicks refuse to do it, but with the media being the media, said dicks will be quickly fired. Even in Mississippi. I just don't see an entire State government foreclosing gay marriage after a Supreme Court ruling. FF&C would demand it.
Logged
CountryClassSF
Jr. Member
***
Posts: 1,530


Show only this user's posts in this thread
« Reply #18 on: May 26, 2015, 06:34:13 PM »

Quote
You must be logged in to read this quote.

Me too. A total disappointment.
Logged
NeverAgain
Junior Chimp
*****
Posts: 5,659
United States


Show only this user's posts in this thread
« Reply #19 on: May 29, 2015, 02:20:51 AM »

Quote
You must be logged in to read this quote.

Me too. A total disappointment.
That's what you get for living in state ruled by a level headed tyrant.
Logged
Oswald Acted Alone, You Kook
The Obamanation
Junior Chimp
*****
Posts: 8,853
United States


Show only this user's posts in this thread
« Reply #20 on: June 19, 2015, 09:33:19 PM »

...Then a thread in Atlas will be called "...And now the other 12 states"
Logged
MyRescueKittehRocks
JohanusCalvinusLibertas
Junior Chimp
*****
Posts: 6,763
United States


Show only this user's posts in this thread
« Reply #21 on: July 09, 2015, 02:06:46 AM »


Article 1 Section 8 prohibits any federal jurisdiction on marriage. This one legally belongs to the states.
Logged
True Federalist (진정한 연방 주의자)
Ernest
Moderators
Atlas Legend
*****
Posts: 42,156
United States


Show only this user's posts in this thread
« Reply #22 on: July 09, 2015, 04:12:32 AM »


Article 1 Section 8 prohibits any federal jurisdiction on marriage. This one legally belongs to the states.
Then you agree that Windsor was correct in overturning DOMA two years ago? Not that it matters much as Obergefell wasn't decided on the basis of what the Congress can do, but on the basis of what the States can't do.
Logged
Bojack Horseman
Wolverine22
YaBB God
*****
Posts: 4,372
United States


Show only this user's posts in this thread
« Reply #23 on: September 01, 2015, 01:03:11 PM »

Bumpity bump bump...

Even the Supreme Court can't convince Kim Davis that she has no other legal option.
Logged
SteveRogers
duncan298
YaBB God
*****
Posts: 4,184


Political Matrix
E: -3.87, S: -5.04

Show only this user's posts in this thread
« Reply #24 on: September 01, 2015, 03:00:06 PM »

Bumpity bump bump...

Even the Supreme Court can't convince Kim Davis that she has no other legal option.

By the looks of it she's about to get slapped with some fines for contempt. Let's see how far she's willing to take this.
Logged
Pages: [1] 2  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.05 seconds with 12 queries.