Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Same-sex marriage’

… Australia faces What We are Facing [so – called ” Gay Marriage ” battle] …

Posted by paulfromwloh on Monday,December 16th,2013

.. if you think that battles over so – called ” gay marriage ” are limited to the United States , you would be wrong . They are not .

[h/t —]

.. [link] to the article …

.. Legalization of this monstrosity is making its way around the European Continent , for sure . How many nations , so far , I am not sure .

.. Where it gets interesting is in Oceana [Australia / New Zealand] . New Zealand has legalized the immoral act . So far , more than one – third of their immoral acts are those of foreigners . The figures are not precise as to where those folks are from . Undoubtedly , a fair number are Aussies .

.. Australians are battling to legalize the immoral act . The legislature of the Australia Capital Territory [Canberra & the surrounding area] legalized it two years ago . The federal government of the previous Labour government challenged it , and the federal High Court overturned the legislature . They upheld the federal bill from the Liberal government from 2004 , defining the act of marriage as between one man and one woman . So , at least for now , marriage remains in Australia …

.. With what is going on and has happened in New Zealand , though , it is hardly the last word . More legal fights are bound to ensue . Given that there are loonie leftie judges that were placed on the bench during the Rudd – Gillard Labour Government , there are legal time bombs just waiting to go off , almost at any time …

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… Here We Go [plural marriage ruling in Utah] …

Posted by paulfromwloh on Monday,December 16th,2013

.. ever since Windsor v US and Hollingsworth v Perry came out , people have been warning about this . They brought out warnings about it long before those 2 rulings emerged from the last U.S. Supreme Court term . Now , it gets much worse ..

.. the cause of so – called ” gay marriage ” continues to advance . Gays and lesbians are continuing their unabashed legal offensives , even against states who have constitutional prohibitions against this immoral offense . The radicals in the federal judiciary continue to accomodate them . How gross is that ?

.. ” Gay Marriage ” is unnatural and immoral . It must not be allowed to happen . Marriage is the natural and moral coupling between one man and one woman . It is that simple , folks . That is it …

[h/t —]

.. Now , this . A federal judge in Utah has ruled that major parts of the state ‘ s polygamy prohibition law are unconstitutional . Yes , unconstitutional . Yea , amazingly enough … [article]

[update] [h/t —]

.. an update to this — the ruling is not quite that dire , at least not yet . It does effectively de – criminalize polygamy in Utah . No , the state will not touch this . It cannot . Utah ‘ s admission to the United States was made on condition that you-know-what was banned . So , they cannot go back on this .

.. However , the courts can act in this area . I expect them to continue to do so . The TLC ” Sister Wives  ” could appeal the partts of the ruling that they lost . The state will likely appeal , itself . Since Utah is in the 10th Federal Appeallate Circuit , they have a decent chance of winning an appeal . Not great , but a decent chance .

.. LEC here — given the legal environment , especially with those two ” gay marriage ” cases and Lawrence v Texas , eventually polygamy will be legalized . Not that I like it . I do not , not at all . Given the appalling lack of quality of judges that His Lordship is appointing to the bench , one should not be surprised …

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… Ah , D.O.D. , What you are Doing is Circumventing State Law …

Posted by paulfromwloh on Wednesday,August 14th,2013

.. in the state in which a base is located .

.. In Ohio , where I am , a base of this size , where there is likely to be such a gay soldier / airman population is at Wright – Patterson Air Force Base . Wright – Pat (for short) is huge , with many thousands of officers and airmen and airwomen . It also has detachments from the other services . These folks , though , have a problem .

.. For them , they have wither to live on base , or within a reasonable distance of the base . That means about 30 to 40 miles . Down there (Wright – Pat is downstate , just northeast of the City of Dayton , actually in Fairborn) , that means those folks live entirely within the state of Ohio . Where , matter of fact , that so – called “Same Sex Marriage” is both illegal , as well as unconstitutional . Huge Oops !

.. Somehow , I do not think that even a significant chunk of the Senate (in Democratic hands , for now) , much less saying the House (which is GOP – controlled) are going to be too thrilled with such a stunt . Circumventing local laws , where marriage is governed , and allowed servicemen and servicewomen to abrogate those local laws is not going to go over very well .

.. You might think why I picked on Wright – Pat ? It is , by far , the largest military base in the state of Ohio . No other one is really in its size class . Also , one other factor . Guess in whose congressional district parts of the base are located ?

.. John Boehner . Yea , Speaker of the House John Boehner . Whoops .

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… This is an Outrage , and It is Criminal [Same Sex “marriage”]

Posted by paulfromwloh on Wednesday,July 24th,2013

[h/t —]

Federal judge orders Ohio to recognize gay marriage performed in Maryland

posted at 11:21 am on July 23, 2013 by Allahpundit

Yes, he’s an Obama appointee.

Addressing the constitutional question, Black explained, “Although the law has long recognized that marriage and domestic relations

Image representing Hot Air as depicted in Crun...

Image via CrunchBase

are matters generally left to the states, the restrictions imposed on marriage by states, however, must nonetheless comply with the [U.S.] Constitution.”

To that end, the court examined the Supreme Court’s decision striking down part of the Defense of Marriage Act this June in United States v. Windsor, the 1996 decision in Romer v. Evans, and in other decisions addressing differential treatment found to be unconstitutional under the Constitution’s guarantee of equal protection of the laws.

Looking at Ohio’s bans on recognizing same-sex couples’ out-of-state marriages, while acknowledging its recognition of the marriages of opposite-sex couples who would not be allowed to marry in Ohio, Black concluded, “The purpose served by treating same-sex married couples differently than opposite-sex married couples is the same improper purpose that failed in Windsor and in Romer: ‘to impose inequality’ and to make gay citizens unequal under the law.”

Needless to say, if other courts follow this lead, we’ll have coast-to-coast legal gay marriage as a matter of Full Faith and Credit with the only limitation on gay couples their ability to travel to a pro-SSM state temporarily to get hitched. The Windsor decision that the court cites here in support of its ruling held that section 3 of DOMA, which bars the federal government from recognizing gay marriages performed in pro-SSM states, is unconstitutional. The point of the Ohio ruling is that section 2 of DOMA, which allows states to refuse to recognize gay marriages performed in other jurisdictions, should also be deemed unconstitutional under the logic of Windsor. Is that true, though? Read pages 18-21 of Kennedy’s majority opinion. He’s making two arguments, really. One is that, as the Ohio judge notes, the legislature can’t impose special restrictions on gays consistent with the Equal Protection Clause. The other, though, is that Congress overreached with DOMA by intruding on the states’ sovereign prerogative to regulate marriage as they see fit. It’s not just an equal protection ruling, it’s a federalism ruling too. And unlike Section 3, Section 2 of DOMA attempts to preserve state sovereignty by allowing each state to decide for itself whether gay marriages from other jurisdictions will be recognized there, which might be a complicating factor for Kennedy if this case works its way up to SCOTUS. It shouldn’t be, says the Ohio judge — equal protection under the Fourteenth Amendment trumps states’ rights, especially when you have a history of full faith and credit for out-of-state marriages as precedent — but only Kennedy knows which way that shakes out.

Speaking of full faith and credit, a key passage from the Ohio court’s ruling:

[U]nder Ohio law, as declared by the Supreme Court of Ohio in 1958, out-of-state marriages between first cousins are recognized by Ohio, even though Ohio law does not authorize marriages between first cousins. Mazzolini v. Mazzolini, 155 N.E.2d 206, 208 (Ohio Sup. Ct. 1958) (marriage of first cousins was legal in Massachusetts and therefore is legal in Ohio regardless of the Ohio statute to the contrary).

Likewise, under Ohio law, out-of-state marriages of minors are recognized by Ohio, even though Ohio law does not authorize marriages of minors. See Hardin v. Davis, 16 Ohio Supp. 19, at *22 (Com. Pl. Hamilton Co. May 18, 1945) (“But, although first cousins cannot marry in Ohio, it has been held that if they go to another state where such marriages are allowed, marry, and return to Ohio, the marriage is legal in Ohio”); see also Slovenian Mut. Ben. Ass’n v. Knafelj, 173 N.E. 630, 631 (Ohio App. 1930) (“It is true that, under the laws of Ohio, if she were his first cousin he could not marry her; but they could go to the state of Michigan, or the state of Georgia, and perhaps many other states in the United States, and intermarry, and then come right back into Ohio and the marriage would be legal”); see also Peefer v. State, 182 N.E. 117, 121 (Ohio App. 1931) (where underage couples leave the state to marry in a state in which their marriage is valid and return to Ohio, the marriage cannot be set aside based on Ohio’s law against marriage of underage people); see also Courtright v. Courtright, 1891 Ohio Misc. LEXIS 161, at *7, aff’d without opinion, 53 Ohio 685 (Ohio 1895) (marriage between persons considered underage in Ohio married in a state where their marriage is legal “cannot be set aside, either because it was not contracted in accordance with the law of this state, or because the parties went out of the state for the purpose of evading the laws of this state”).

Ohio decided long ago that Full Faith and Credit means honoring marriages performed in other jurisdictions even if those marriages conflict with Ohio’s moral and legal preferences. Why should gay marriage be different?

All of that said, there may be an opportunity here for social conservatives. The big problem with a Federal Marriage Amendment, which seeks to ban gay marriage nationwide, is that not only is it opposed by gay-marriage supporters, it’s even opposed by some gay-marriage opponents who resist it as an infringement on federalism. The Ohio court ruling yesterday brings the federalism argument over to the social conservative side: Why shouldn’t the states, the laboratories of democracy, be allowed to follow their own rules on SSM rather than the rules of another state? There may be meaningful support in Congress and at the state level for an initiative that makes section 2 of DOMA a constitutional amendment. I give it near-zero chance of passing, but it’s a better talking point for opponents of SSM than the FMA is.

LEC here — I am a regular reader of HotAir . I was not aware of this , and am grateful to Ed Morrisey and AllahPundit for getting ahold of it . It is the height of outrageous . It is extremist judicial activism . The equal protection clauses of the 5th amendment and the 14th amendment are meant to protect individuals , not groups . Ensuring group rights via this gross misuse of the 14th amendment is criminal judicial activism . It should have and must have no place in U.S. law , or in Ohio law .

[here] is the link to the article that has the legal documents in the case .

Posted in Investigative, legal info, legal opinion, personal opinion | Tagged: , , , , , , , | Leave a Comment »

… are We destined for a Human Rights Act ? …

Posted by paulfromwloh on Wednesday,April 3rd,2013

… are we destined for a “Human Rights Act?” …

.. at the rate that the radical left is going , they will not settle at  the legalization of “gay marriage.” they will keep pushing , pushing , pushing , seeking to deligitimize Christians and Christianity , taking away people ‘ s God –

given human rights and Constitutional Rights , under the cloak of “Human Rights,” such

as they have done in Canada ..

.. Canada does have constitutional protections for its citizens . It is called the

Charter of Rights and Freedoms . It evidently did not stop the passage of the Canada Human Rights Act , or the establishment of the Canada Human Rights Cmsn . The Cmsn is a

vehicle for radical leftists to wage “political war , ” Alinsky – style , on their perceived and actual opponents ..

.. Do we really want something like that here , or that kind of crap stripping away

our rights here in the U.S. ? I say hell , NO ! ..

n America, this pressure will take the form of “discriminatory” churches losing

government grants, permits, and participation in programs . It will be the death of

religious freedom by a thousand little cuts here and there : canceled speeches of

religious figures at state universities, lost HHS grants, the refusal of city

governments to recognize churches that don’t permit gay marriages, “hate crime”

legislation that extends to opposition to gay marriage, and so on. All of this will

have the effect of pressuring churches into blessing gay marriages .  .   While he can’t determine the sacraments for religions, Obama will try and marginalize those religions that don’t determine the sacraments in a manner he

considers “nondiscriminatory.”   The goal of the gay-marriage juggernaut is to make Christians pariahs, as irrelevant to

public life as racists. It doesn’t have to pass a Denmark-style law to force churches

to conduct gay marriages; it can achieve the same end through punitive political

correctness.   The gay-marriage juggernaut only speeds up at the sight of such gestures, seeing civil

marriage as just one stop on a longer road to a secularist state in which religion in

general and the Catholic Church in particular fall silent and compliant out of fear if

not law.   … such as this hate – filled rant by John Becker at the Huffington Post

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… Outrageous !! …

Posted by paulfromwloh on Friday,October 12th,2012

… What is happening to Angela McCaskill is waaaay beyond the pale . She is currently the Chief Diversity Officer at Gallaudet University in our Nation ‘  s capital . Gallaudet is one of our nation ‘  s premier colleges for those students who are deaf or are hearing disabled . This sets the table …

… She is an extraordinarily accomplished woman , one who happens to be black . She is also a resident of Maryland . She is a veteran of more than 20 years of service at Gallaudet , and was , as mentioned , named its Chief Diversity Officer …

… However , she has now been placed on leave . Why ? She signed a petion in the state of Maryland to bring to a vote the question of the legitimization of gay marriage . A recently passed law in Maryland has been put on hold , pending the results of the referendum …

… The left has been a crusade against blacklists , especially the Hollywood blacklists of the 1940s and the 1950s . And now , they feel , it is a legit act to politically crucify McCaskill for exercising her civil rights ? …

… Not only her , but everyone else who signed those petitions . These people are looking to the future , trying to stop conservatives from bringing forth other issues for petitions or iniatiatives . Maybe they should also look back , as well as forward . The shoe may be on the other foot , soon enough . And ,  an old quote comes to light …

… Those who forget history are doomed to repeat it ! …

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