Qun Mang Posted May 14, 2005 Group: Diamond Member Followers: 1 Topic Count: 116 Topics Per Day: 0.02 Content Count: 678 Content Per Day: 0.09 Reputation: 15 Days Won: 0 Joined: 06/26/2004 Status: Offline Share Posted May 14, 2005 I was sure this would already be here, but... Federal Court Rules Against Nebraska's Marriage Amendment By Melanie Hunter CNSNews.com Deputy Managing Editor May 12, 2005 (CNSNews.com) - A federal court in Nebraska Thursday declared the state's voter-approved marriage amendment unconstitutional after a challenge by two homosexual advocacy groups - Lambda Legal and the American Civil Liberties Union's Lesbian and Gay Project. U.S. District Judge Joseph Bataillon said the amendment, which defines marriage as a union between a man and a woman, "imposes significant burdens on both the expressive and intimate associational rights" of homosexuals. It also "creates a significant barrier to the plaintiffs' right to petition or to participate in the political process," he said. "Any blanket prohibition on any type of legal recognition of a same-sex relationship not only denies the benefits of favorable legislation to these groups, it prohibits them from even asking for such benefits," said Bataillon. A conservative legal group was disappointed with the ruling but said the "decision is the catalyst the United States Congress was looking for as an example of why this country needs a federal marriage amendment." "A single judge has overturned the vote of the people in Nebraska, essentially holding that any amendment that seeks to do anything more than define marriage as the union of a man and a woman is unconstitutional," said Mathew Staver, president and general counsel of the Liberty Counsel. "Since some of our judges do not understand common sense, it's time for the people to spell it out in our United States Constitution - marriage is the union of only one man and one woman," Staver added. According to the Liberty Counsel, the judge decided that the marriage amendment prohibited state recognition or creation of civil unions, domestic partnerships and other similar same-sex relationships. He also ruled that the amendment violated First Amendment associational rights because it allegedly impaired the formation of groups or associations to lobby for changes in legislation that would benefit same-sex couples, the Liberty Counsel noted. Bataillon said the amendment has far-reaching ramifications that go beyond "defining marriage as between a man and a woman." The "broad proscriptions could also interfere with or prevent arrangements between potential adoptive or foster parents and children, related persons living together, and people sharing custody of children as well as gay individuals," the Associated Press quoted Bataillon as saying. "Today's ruling marks the first time a marriage-protection amendment has been overthrown by the whim of a federal judicial tyrant," said Focus on the Family Chairman Dr. James Dobson in a statement. He added that the judge "single-handedly rejected the will of 70 percent of Nebraska's voters" under "the guise of 'equal protection.'" "But to argue that supporters of same-sex marriage are disenfranchised by the amendment is ludicrous; they have every right to undertake the amendment process themselves and get a different measure passed - that's the way democracy is designed to work," Dobson said. "Last year when the Marriage Protection Amendment was being debated in the U.S. Senate, some senators - including Nebraska's own Ben Nelson - used the excuse that the MPA was 'not needed,' and that the crucial matters MPA addresses could be handled at the state level. Apparently not," said Dobson. "Now we have dramatic evidence that this legal fig leaf is easily stripped away by judicial activism," he said, who urged Congress to pass a federal marriage amendment "or we will see an untenable patchwork of marriage definitions, forever subject to the federal judiciary." Link to comment Share on other sites More sharing options...
Qun Mang Posted May 14, 2005 Group: Diamond Member Followers: 1 Topic Count: 116 Topics Per Day: 0.02 Content Count: 678 Content Per Day: 0.09 Reputation: 15 Days Won: 0 Joined: 06/26/2004 Status: Offline Author Share Posted May 14, 2005 And a followup article: Conservatives: See Where Judicial Activism Leads? Well, it appears states have NO rights when it comes to gays and marriage. GWB was right after all to push for an amendment to the federal Constitution. Link to comment Share on other sites More sharing options...
apothanein kerdos Posted May 16, 2005 Group: Royal Member Followers: 1 Topic Count: 331 Topics Per Day: 0.05 Content Count: 8,713 Content Per Day: 1.21 Reputation: 21 Days Won: 0 Joined: 07/28/2004 Status: Offline Share Posted May 16, 2005 A judge cannot overturn such a law! ESPECIALLY on an issue such as this. Amazing...absolutely amazing. When the checks and balances fail so does America. Link to comment Share on other sites More sharing options...
Leonard Posted May 17, 2005 Group: Royal Member Followers: 2 Topic Count: 115 Topics Per Day: 0.02 Content Count: 8,281 Content Per Day: 1.12 Reputation: 249 Days Won: 3 Joined: 03/03/2004 Status: Offline Birthday: 10/30/1955 Share Posted May 17, 2005 Our Supreme Court is VERY pro-abortion, VERY anti-Christianity, VERY pro-death, and Very pro-homosexual. Yet 7 of the 9 are REPUBLICAN APPOINTEES. I don't give a rat's kazinga if Bush gets his judges appointed or not. THEY'RE ALL EDUCATED AT THE SAME MARXIST LAW SCHOOLS. Link to comment Share on other sites More sharing options...
hmh Posted May 17, 2005 Group: Royal Member Followers: 1 Topic Count: 38 Topics Per Day: 0.01 Content Count: 1,790 Content Per Day: 0.25 Reputation: 27 Days Won: 0 Joined: 08/21/2004 Status: Offline Birthday: 11/15/1968 Share Posted May 17, 2005 Time to start impeaching these judges. Link to comment Share on other sites More sharing options...
Qun Mang Posted May 17, 2005 Group: Diamond Member Followers: 1 Topic Count: 116 Topics Per Day: 0.02 Content Count: 678 Content Per Day: 0.09 Reputation: 15 Days Won: 0 Joined: 06/26/2004 Status: Offline Author Share Posted May 17, 2005 Amen. Link to comment Share on other sites More sharing options...
Cerran Posted May 17, 2005 Group: Advanced Member Followers: 1 Topic Count: 22 Topics Per Day: 0.00 Content Count: 335 Content Per Day: 0.05 Reputation: 10 Days Won: 0 Joined: 03/13/2004 Status: Offline Birthday: 01/27/1975 Share Posted May 17, 2005 I still question the right of the government to preside over any marriage. I think any time you invite the government into your marriage it is an invitation for disaster. Marriage is God's domain, not Caesars. Link to comment Share on other sites More sharing options...
7cworldwide Posted May 17, 2005 Group: Junior Member Followers: 0 Topic Count: 3 Topics Per Day: 0.00 Content Count: 94 Content Per Day: 0.01 Reputation: 19 Days Won: 0 Joined: 05/07/2005 Status: Offline Birthday: 09/13/1978 Share Posted May 17, 2005 IMPEACH! This is tyranny people. How far will we let them take us? Is it too late to turn back? Link to comment Share on other sites More sharing options...
Qun Mang Posted May 17, 2005 Group: Diamond Member Followers: 1 Topic Count: 116 Topics Per Day: 0.02 Content Count: 678 Content Per Day: 0.09 Reputation: 15 Days Won: 0 Joined: 06/26/2004 Status: Offline Author Share Posted May 17, 2005 I've been thinking- changing government marriages to civil unions is just not going to happen, so why doesn't Christianity band together and change the term "marriage" to something like "holy union"? Tough to get the ball rolling on something like that, but easier certainly than the former. And then, also, there is no doubt who united you. Link to comment Share on other sites More sharing options...
7cworldwide Posted May 19, 2005 Group: Junior Member Followers: 0 Topic Count: 3 Topics Per Day: 0.00 Content Count: 94 Content Per Day: 0.01 Reputation: 19 Days Won: 0 Joined: 05/07/2005 Status: Offline Birthday: 09/13/1978 Share Posted May 19, 2005 I've been thinking- changing government marriages to civil unions is just not going to happen, so why doesn't Christianity band together and change the term "marriage" to something like "holy union"? Ah, yes, language... with Janice Rogers Brown and other Bush judicial nominees in the news, here's a great read on the subject of language and moreover, the state of our nation (or at least that in April 2000 under the first 8-year Clinton regime) from her as delivered in a speech to The Federalist Society in Chicago: http://www.constitution.org/col/jrb/00420_jrb_fedsoc.htm She really hits the nail on the head on some of this stuff. It's no wonder why the Marxist Democrats hate her so much. They abhor any African-American who can think and speak independently and see the left in this country at face value. Shalom, Lane Link to comment Share on other sites More sharing options...
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