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Kurvi Tasch
Oct 13, 2012

Thats von Derp for you!
Slate has some soundbites from Posner: http://www.slate.com/blogs/outward/2014/08/27/listen_to_judge_richard_posner_destroy_arguments_against_gay_marriage.html

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Foyes36
Oct 23, 2005

Food fight!

This absolutely owns. You almost feel bad for the lawyers just withering under his questioning. Really exposes how hollow the arguments against gay marriage are.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
Anyone have Indiana's brief?

twerking on the railroad
Jun 23, 2007

Get on my level

I'm a little bothered by this citation of no fault divorce harming the institution of marriage. In most cases I wouldn't think twice about hearing it but he just kept coming back to it because he had literally nothing else. Do we really think marriage is a better institution if it's hard to leave a bad one? That's just citing a bunch of numbers without any understanding of what's behind them.

GROVER CURES HOUSE
Aug 26, 2007

Go on...

Skeesix posted:

I'm a little bothered by this citation of no fault divorce harming the institution of marriage. In most cases I wouldn't think twice about hearing it but he just kept coming back to it because he had literally nothing else. Do we really think marriage is a better institution if it's hard to leave a bad one? That's just citing a bunch of numbers without any understanding of what's behind them.

It's pretty standard judicial trolling, to be honest.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
The one point I'll make I'm defense of the bigots is that at least Indiana's argument that marriage rights can't come from parental rights to raise a child ("homosexuals should be allowed to marry so that their children can be raised equally to those children of heterosexual couples") seems persuasive given that in some states, children can have more than two legal parents

katium
Jun 26, 2006

Purrs like a kitten.

WhiskeyJuvenile posted:

The one point I'll make I'm defense of the bigots is that at least Indiana's argument that marriage rights can't come from parental rights to raise a child ("homosexuals should be allowed to marry so that their children can be raised equally to those children of heterosexual couples") seems persuasive given that in some states, children can have more than two legal parents

Isn't California the only state so far that has that "multiple parents" law?

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

katium posted:

Isn't California the only state so far that has that "multiple parents" law?

AFAIK yes

SporkOfTruth
Sep 1, 2006

this kid walked up to me and was like man schmitty your stache is ghetto and I was like whatever man your 3b look like a dishrag.

he was like damn.

What really tickled me was another judge letting out a confused "WHAT?" when the Wisconsin Assistant AG starts rambling about common law, anti-miscegenation laws, blah blah, and therefore Loving doesn't apply.

Petr
Oct 3, 2000
I realize allowing gay marriage and allowing pedophilia or incest are categorically different things, but you'd think right-wingers would have learned something from the Scalia dissent. If they genuinely believe that allowing gay marriage will lead to precedent allowing legalized pedophilia and incest, they should shut the gently caress up about it before someone cites them!

Petr
Oct 3, 2000

katium posted:

Freedom to Marry has audio of the oral arguments from the 7th Circuit cases today (Indiana and Wisconsin).

http://www.freedomtomarry.org/blog/entry/today-7th-circuit-hears-oral-arguments-in-wisconsin-indiana-marriage-cases

The quotes from the judges are pretty awesome, too. Seems like we'll have another win here.

"The yellow light won't save you" lol

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Petr posted:

I realize allowing gay marriage and allowing pedophilia or incest are categorically different things, but you'd think right-wingers would have learned something from the Scalia dissent. If they genuinely believe that allowing gay marriage will lead to precedent allowing legalized pedophilia and incest, they should shut the gently caress up about it before someone cites them!
They still think that using that argument will get people on their side, like it's the '90s or something.

TinTower
Apr 21, 2010

You don't have to 8e a good person to 8e a hero.

Petr posted:

I realize allowing gay marriage and allowing pedophilia or incest are categorically different things, but you'd think right-wingers would have learned something from the Scalia dissent. If they genuinely believe that allowing gay marriage will lead to precedent allowing legalized pedophilia and incest, they should shut the gently caress up about it before someone cites them!

To be honest, I think that would be more of a problem if the ADA exemptions for transsexuality ever get challenged, as it's specifically named alongside pedophilia. That said, the trans exemption being struck down in any way could end up with trans rights under ADA being stronger than under a post-Hobby Lobby ENDA.

(Incidentally, why does the ADA have a religious exemption clause?)

paragon1
Nov 22, 2010

FULL COMMUNISM NOW
Because churches must be allowed to do whatever they want.

Petr
Oct 3, 2000
Today, I learned that, in some states, first cousins can marry if they're over 60 or get a doctor's note saying that they're sterile. Who knew listening to court audio could be so educational!

FourLeaf
Dec 2, 2011

"No-fault divorce, no-fault divorce, NO-FAULT DIVORCE!!!!"

What is up with these people and their obsession with no-fault divorce? It's clearly irrelevant to the case, but the guy can't shut up about it. And I've seen anti-gay marriage activists bring it up in other places as well.

Vahakyla
May 3, 2013
Abused wives having a way out.

Zoran
Aug 19, 2008

I lost to you once, monster. I shall not lose again! Die now, that our future can live!

Petr posted:

Today, I learned that, in some states, first cousins can marry if they're over 60 or get a doctor's note saying that they're sterile. Who knew listening to court audio could be so educational!

Cousin marriage is entirely legal in 19 states and the District of Columbia. :ssh: It doesn't even give substantially more risk for genetic disorders unless your family does it a lot.

more friedman units
Jul 7, 2010

The next six months will be critical.

FourLeaf posted:

"No-fault divorce, no-fault divorce, NO-FAULT DIVORCE!!!!"

What is up with these people and their obsession with no-fault divorce? It's clearly irrelevant to the case, but the guy can't shut up about it. And I've seen anti-gay marriage activists bring it up in other places as well.

They view no-fault divorce, birth control pills, and women in the labor force as the beginning of the assault on Traditional Family. Coincidentally, all of these things involve women having autonomy.

Spacedad
Sep 11, 2001

We go play orbital catch around the curvature of the earth, son.
So there's a video asking what it might mean if or if not a cloned gay person is or is not gay themselves.

https://www.youtube.com/watch?v=7YJOsOf5WZw

And then there's this on it:



:allears:

Petr
Oct 3, 2000

                                /

Mr Ice Cream Glove
Apr 22, 2007

Hot drat this is good!

9th Circuit panel for #NV, #ID, #HI marriage cases announced: REINHARDT, GOULD and BERZON

Berzon joined Reinhardt in SmithKline. Gould wrote majority in Witt v. Air Force.

Reinhardt wrote majority in Prop 8 case and SmithKline (latter held sexual orientation must withstand heightened scrutiny).

Via https://twitter.com/eqcf

Mr Ice Cream Glove fucked around with this message at 18:48 on Sep 1, 2014

Wax Dynasty
Jan 1, 2013

This postseason, I've really enjoyed bringing back the three-inning save.


Hell Gem

Mr Ice Cream Glove posted:

Hot drat this is good!

9th Circuit panel for #NV, #ID, #HI marriage cases announced: REINHARDT, GOULD and BERZON

Berzon joined Reinhardt in SmithKline. Gould wrote majority in Witt v. Air Force.

Reinhardt wrote majority in Prop 8 case and SmithKline (latter held sexual orientation must withstand heightened scrutiny).

Via https://twitter.com/eqcf

Why is there a case on appeal from Hawaii? Didn't the state's legalization of SSM make it moot, or is there another issue there?

UltimoDragonQuest
Oct 5, 2011



The process is slow and the case has not been formally withdrawn or whatever.

twerking on the railroad
Jun 23, 2007

Get on my level

FourLeaf posted:

"No-fault divorce, no-fault divorce, NO-FAULT DIVORCE!!!!"

What is up with these people and their obsession with no-fault divorce? It's clearly irrelevant to the case, but the guy can't shut up about it. And I've seen anti-gay marriage activists bring it up in other places as well.

My guess is that it's the only piece of legislation that they could find that made the divorce rate increase.

Presto
Nov 22, 2002

Keep calm and Harry on.

FourLeaf posted:

"No-fault divorce, no-fault divorce, NO-FAULT DIVORCE!!!!"

What is up with these people and their obsession with no-fault divorce?
The best part is which governor signed the first no-fault divorce law. I'll give you a hint: Jellybeans.

FourLeaf
Dec 2, 2011

Presto posted:

The best part is which governor signed the first no-fault divorce law. I'll give you a hint: Jellybeans.

:roflolmao: Between this and gun control, the cult of Reagan is built on bullshit.

Vahakyla
May 3, 2013
Nah, Reagan is still solidly horrible which earns their worship.

Chris James 2
Aug 9, 2012


Coahuila has become the 2nd state in Mexico to legalize marriage equality. The vote was 19-1.

Chris James 2
Aug 9, 2012


Federal judge upheld Louisiana's ban, first time since the Supreme Court heard cases that such a ruling's been made. Document can be read at Buzzfeed

Korak
Nov 29, 2007
TV FACIST

Chris James 2 posted:

Federal judge upheld Louisiana's ban, first time since the Supreme Court heard cases that such a ruling's been made. Document can be read at Buzzfeed

quote:

The court "hesitates with the notion that this state's choice could only be inspired by hate and intolerance," the judge wrote, holding that Louisiana "has a legitimate interest ... whether obsolete in the opinion of some, or not, in the opinion of others ... in linking children to an intact family formed by their two biological parents."

Feldman said that "inconvenient questions persist" about the recognition of same-sex marriage and posed a few slippery-slope questions of his own.

"For example, must the states permit or recognize a marriage between an aunt and niece? Aunt and nephew? Brother/brother? Father and child? May minors marry? Must marriage be limited to only two people? What about a transgender spouse? Is such a union same-gender or male-female? All such unions would undeniably be equally committed to love and caring for one another, just like the plaintiffs," he wrote.
Are Judges elected in Louisiana? This guy needs to be out of office soon.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Korak posted:

Are Judges elected in Louisiana? This guy needs to be out of office soon.

Federal district court judges are appointed for life.

Teddybear
May 16, 2009

Look! A teddybear doll!
It's soooo cute!


joat mon posted:

Federal district court judges are appointed for life.

This one was appointed by Reagan in 1983, for context.

Even objectively, this is a comically wobbly opinion. I'd expect it to be overturned on appeal, if SCOTUS hasn't stepped in by then.

The Macaroni
Dec 20, 2002
...it does nothing.
Fine. It'll speed up the SCOTUS response.

Dreissi
Feb 14, 2007

:dukedog:
College Slice

The Macaroni posted:

Fine. It'll speed up the SCOTUS response.

I'm actually glad they came back with an against-the-grain opinion for the same reason. If this decision survives it will force a Supreme Court ruling, which (risk aside) I'd like to see.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

The Macaroni posted:

Fine. It'll speed up the SCOTUS response.

It'll have to go through the 5th Circuit first. The 5th Circuit is already set to hear De Leon v. Perry (A Texas case where the judge said Texas' marriage ban was unconstitutional) sometime this fall.

Chris James 2
Aug 9, 2012


At the very least this should finally put to rest even the slim doubts among you that this matter doesn't go back to SCOTUS in some way next session.

woke wedding drone
Jun 1, 2003

by exmarx
Fun Shoe

quote:

The court "hesitates with the notion that this state's choice could only be inspired by hate and intolerance," the judge wrote, holding that Louisiana "has a legitimate interest ... whether obsolete in the opinion of some, or not, in the opinion of others ... in linking children to an intact family formed by their two biological parents."

Feldman said that "inconvenient questions persist" about the recognition of same-sex marriage and posed a few slippery-slope questions of his own.

"For example, must the states permit or recognize a marriage between an aunt and niece? Aunt and nephew? Brother/brother? Father and child? May minors marry? Must marriage be limited to only two people? What about a transgender spouse? Is such a union same-gender or male-female? All such unions would undeniably be equally committed to love and caring for one another, just like the plaintiffs," he wrote.

This is like a whiff of nostalgia, even though it would have been totally uncontroversial five years ago. All the more reason to push forward to SCOTUS, as the cultural faddishness that led to these gains can reverse them just as quickly.

Vahakyla
May 3, 2013
What is the gravity of using so many click bait questions on a decision like that? The judge was just listing things like a bad tabloid "is it the same as literal rape?" and not following up on any of those.

Is this a common thing in these decisions? It seems... cheap?

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AVeryLargeRadish
Aug 19, 2011

I LITERALLY DON'T KNOW HOW TO NOT BE A WEIRD SEXUAL CREEP ABOUT PREPUBESCENT ANIME GIRLS, READ ALL ABOUT IT HERE!!!

Vahakyla posted:

What is the gravity of using so many click bait questions on a decision like that? The judge was just listing things like a bad tabloid "is it the same as literal rape?" and not following up on any of those.

Is this a common thing in these decisions? It seems... cheap?

If you follow up on any of them they fall apart, ergo one does not follow them up. :v:

Anyway, Bravo Judge Feldman! With this the SCOTUS will have no choice but to make a decision one way or the other. One can only hope that we will get to watch Scalia suffer an aneurysm on the bench. :laugh:

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