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Paul MaudDib
May 3, 2006

TEAM NVIDIA:
FORUM POLICE

gohuskies posted:

Al Gore would have won the election if every Nader voter in Florida had voted Gore instead. In 2004, did the Democrats move left to capture those Nader voters? No, they didn't, they nominated the more centrist option instead.

If you think the major cause of the rightward shift of the country between 2000 and 2004 was a few thousand Nader voters you are probably age ten or an idiot.

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UltimoDragonQuest
Oct 5, 2011



Lightning Knight posted:

Is the Justice Department going to defend DOMA? Dammit, Obama. :argh:
No no no.
Congress (BLAG) is defending the law because Justice will not.
Justice was at the hearing to argue for heightened scrutiny.

More detail on the arguments here.

The same guy wrote a piece a year ago about the stated reasons for passing DOMA in 1996. (Spoiler: because they didn't like gay people)

Lightning Knight
Feb 24, 2012

Pray for Answer

quote:

Congress (BLAG) is defending the law because Justice will not.
Justice was at the hearing to argue for heightened scrutiny.

"Heightened scrutiny?" What's that mean, are they gunning for DOMA?

computer parts
Nov 18, 2010

PLEASE CLAP

Paul MaudDib posted:

If you think the major cause of the rightward shift of the country between 2000 and 2004 was a few thousand Nader voters you are probably age ten or an idiot.

It's not so much a rightward shift as the lack of a leftward one.

sexpig by night
Sep 8, 2011

by Azathoth

computer parts posted:

It's not so much a rightward shift as the lack of a leftward one.

The statement still applies, there's so many factors to the gradual rightward shift that happened even before 2000 to blame a third party for it is just downright petty and nothing but 'well if we just don't mess with the norm things would be ok!!!!' logic.

gohuskies
Oct 23, 2010

I spend a lot of time making posts to justify why I'm not a self centered shithead that just wants to act like COVID isn't a thing.

Glitterbomber posted:

The statement still applies, there's so many factors to the gradual rightward shift that happened even before 2000 to blame a third party for it is just downright petty and nothing but 'well if we just don't mess with the norm things would be ok!!!!' logic.

I'm not blaming Nader voters for the rightward shift. I'm saying that the fact that a leftward shift didn't happen is evidence that voting for a third party does not force a mainstream party to go in the direction of that third party.

People often say "If we vote for a party to the left of the Democrats, the Democrats will see that and will move to the left". In the most recent case when people actually voted for a party to the left of the Democrats, the Democrats did not move to the left, so that evidence suggests that people making the statement that "If we vote for a party to the left of the Democrats, the Democrats will see that and will move to the left" are wrong.

Edit: This is kind of a derail from marriage equality issues though. This long-running argument about whether or not the Democratic Party is or someday will be an effective vehicle for progressive change seems to hop from thread to thread and maybe somebody should just start a thread specifically just for it.

gohuskies fucked around with this message at 00:39 on Apr 8, 2012

Weembles
Apr 19, 2004

Glitterbomber posted:

The statement still applies, there's so many factors to the gradual rightward shift that happened even before 2000 to blame a third party for it is just downright petty and nothing but 'well if we just don't mess with the norm things would be ok!!!!' logic.


Nobody (or at least very few people) blame the righward shift of the Democratic party on Nader. When most people bring this up, it's in rebuttal to the implication that voting for a leftist candidate - even to the point where it guarantees the election of a right wing candidate - will move the Democratic party, or voters in general, towards the left.

The party lost the 2000 election due to a left wing third party challenger and did not show any movement to improve their relationship with left wing voters.

I don't know if it's a good argument against third parties in general, but in this case, voting for the third party candidate had none of the positive effects that third party advocates promote and I think that fact needs to be dealt with when discussing the subject.

Paul MaudDib
May 3, 2006

TEAM NVIDIA:
FORUM POLICE
Off topic for the marriage equality thread, sorry

Paul MaudDib fucked around with this message at 02:56 on Apr 8, 2012

UltimoDragonQuest
Oct 5, 2011



Lightning Knight posted:

"Heightened scrutiny?" What's that mean, are they gunning for DOMA?
Justice is opposed to DOMA and not defending it. The Republican Congress is defending it with the lawyer who just argued against the healthcare mandate in SCOTUS.

Explanation of heightened scrutiny.

Lambda lawyer posted:

In most cases, the courts only require that there be a ‘rational basis’ for the difference in treatment...

In some cases, however, the courts will apply ‘heightened scrutiny.’ Under this test, the government has the burden of showing that it is necessary to treat one group of people unequally in order to advance an important governmental goal.

The courts apply heightened scrutiny to laws when the group treated unequally (1) has suffered a history of discrimination, (2) is relatively politically powerless, and (3) has distinguishing characteristics that are generally not grounds for unequal treatment.

It means that laws barring marriage equality are much more likely to be struck down as unconstitutional because it is harder for anyone to defend such laws as furthering a legitimate government goal. Further, it means that anti-gay laws should be presumed to be unconstitutional unless proven otherwise.
We're winning regardless of heightened scrutiny so this is a just a fun legal lesson. :eng101:

Lightning Knight
Feb 24, 2012

Pray for Answer

UltimoDragonQuest posted:

Justice is opposed to DOMA and not defending it. The Republican Congress is defending it with the lawyer who just argued against the healthcare mandate in SCOTUS.

Explanation of heightened scrutiny.
We're winning regardless of heightened scrutiny so this is a just a fun legal lesson. :eng101:

Ah, alright then. We can add that to the (small but slowly growing) pile of "good poo poo Obama's done."

Though I've heard before that the only thing stopping national gay marriage in the US is the fundies being really good at keeping the issue away from the SCOTUS. Is the Supreme Court really, firmly on the side of not being stupid this time around, or could it go unexpectedly (and poorly)? I mean, this is the court that passed Citizens United; I don't consider them the high-water mark of progressive rulings, really.

computer parts
Nov 18, 2010

PLEASE CLAP

Lightning Knight posted:

Ah, alright then. We can add that to the (small but slowly growing) pile of "good poo poo Obama's done."

Though I've heard before that the only thing stopping national gay marriage in the US is the fundies being really good at keeping the issue away from the SCOTUS. Is the Supreme Court really, firmly on the side of not being stupid this time around, or could it go unexpectedly (and poorly)? I mean, this is the court that passed Citizens United; I don't consider them the high-water mark of progressive rulings, really.

The reason the Supreme Court hasn't heard this case is that it takes a minimum of four justices to approve hearing a case, and the one guy that flip-flops in the 5-4 decisions (Kennedy) could literally go either way depending on the case, so it's not something that either the progressive or conservative wing of the court (or people in general) really want/ed to deal with.

falcon2424
May 2, 2005

gohuskies posted:

Al Gore would have won the election if every Nader voter in Florida had voted Gore instead. In 2004, did the Democrats move left to capture those Nader voters? No, they didn't, they nominated the more centrist option instead. If you want to support the proposition that voting third party forces a major party to shift in that third party's direction to capture votes, I'd be interested to hear examples. I don't think Perot counts because Bill was going to be a centrist Dem anyways - he was Democratic Leadership Council from the start and had always talked about balancing budgets and so forth.

I think this is exactly it. Protest voting has a huge coordination problem.

The evangelicals do it right. They seem to pick a few individuals. Then, the threat is, "If these guys endorse you, we vote for you. Otherwise, we stay home." That setup makes negotiation possible. And it lets the influential evangelicals set clear 'do X, get Y votes' incentives.

But, without some people who can negotiate, the coordination problem kicks in. When people make their demands individually, there's no way to say, "Vote correctly on bill X, get Y votes."

Plus, I get the impression that a lot of the progressive-protest-voters are objecting to the idea of voting for an imperfect party. These people aren't really up for grabs; even if the Dems listened to them on some major issue, there'd still be N other major issues where they'd disagree.

So, conservatives get, "Convince Pastor Bob, get lots of votes." Progressives face, "Shift left by some unspecified amount, and people may start voting for you."

In practice, the conservatives get to move stuff right. The protest-voters vote in a way that let's them remove personal responsibility for bad things, and trade incremental progress for no-progress or actual loss.

UltimoDragonQuest
Oct 5, 2011



Lightning Knight posted:

Though I've heard before that the only thing stopping national gay marriage in the US is the fundies being really good at keeping the issue away from the SCOTUS.
That's a combination of things being slow and GLAD and the Mass. AG waiting until 2009 to sue the federal government.
Wednesday was the first DOMA challenge heard in federal court.

That being said, the defenders of DOMA will surely appeal for an en banc ruling because it delays the inevitable SCOTUS ruling.

eSports Chaebol
Feb 22, 2005

Yeah, actually, gamers in the house forever,
Am I just deluded, or can't DOMA be attacked even on rather simple Full Faith and Credit grounds rather than having to make any sort of complex 14th amendment argument?

The MUMPSorceress
Jan 6, 2012


^SHTPSTS

Gary’s Answer

eSports Chaebol posted:

Am I just deluded, or can't DOMA be attacked even on rather simple Full Faith and Credit grounds rather than having to make any sort of complex 14th amendment argument?

I thought DOMA specifically included language saying that it was an exception to the full faith and credit clause.

Armyman25
Sep 6, 2005

LeftistMuslimObama posted:

I thought DOMA specifically included language saying that it was an exception to the full faith and credit clause.

Is that how the law works? The Constitution applies unless Congress says it doesn't?

Spatula City
Oct 21, 2010

LET ME EXPLAIN TO YOU WHY YOU ARE WRONG ABOUT EVERYTHING
I may be repeating myself, but isn't there a problem with Congress defending DOMA? Does it even have legal standing to defend a federal law in court?

The Macaroni
Dec 20, 2002
...it does nothing.
Looks like nobody's raised standing yet--if it were a live issue, I expect someone would have. Seems to me that Congress, as a lawmaking body, would have standing to litigate the laws it makes...it just usually isn't put in a position where it does.

Armyman25 posted:

Is that how the law works? The Constitution applies unless Congress says it doesn't?
Yeah, DOMA is an unconstitutional mess. But nobody's wanted to touch it for all these years. Unconstitutional laws don't just self-destruct (unfortunately), the whole judicial process has to be invoked unless Congress repeals or amends the law in question.

Crows Turn Off
Jan 7, 2008


Armyman25 posted:

Is that how the law works? The Constitution applies unless Congress says it doesn't?
Technically, no. In practice, yes.

The MUMPSorceress
Jan 6, 2012


^SHTPSTS

Gary’s Answer

Armyman25 posted:

Is that how the law works? The Constitution applies unless Congress says it doesn't?

At a state level legislatures have been ignoring their state constitutions for the last year. Michigan has been passing laws with immediate effect unconstitutionally, last January the Wisconsin legislature unconstitutionally locked us out of the state capital, and there's a dozen other examples in other states.

The constitution literally only matters to regressives if it can be used as a bludgeon to beat back opposing viewpoints.

Ivan Shitskin
Nov 29, 2002

Apparently there's been a coup at NOM:



http://www.towleroad.com/2012/04/nom-site-suddenly-down-after-suspected-hacking.html

Or a hacking. But it looks like it's coming from within the organization.

Ivan Shitskin fucked around with this message at 15:19 on Apr 11, 2012

UltimoDragonQuest
Oct 5, 2011



New Colorado poll (PPP) shows 62% support the civil union bill.
The bill still needs a GOP co-sponsor in the House and only 31% of Republicans support it.

I don't know if this is normal, but the bill has basically been stalled for 2 months. The session ends May 9th so they need to get on that now.

ThatsSoNotPLUR
Nov 29, 2011

It's a great thing that the mass legislature (with help from Deval Patrick)was able to block a vote on overturning gay marriage a few years back, but I am still sort of curious how it would have turned out. I'd be loving ashamed if that had gone through.

CrumFUNist!
Nov 27, 2005

ThatsSoNotPLUR posted:

It's a great thing that the mass legislature (with help from Deval Patrick)was able to block a vote on overturning gay marriage a few years back, but I am still sort of curious how it would have turned out. I'd be loving ashamed if that had gone through.

With the supermajority the Democrats have held in the Massachusetts Legislature for at least the last twenty years, any marriage equality repeal effort would've quickly died no matter what. Even Finneran couldn't have stopped such an effort.

UltimoDragonQuest
Oct 5, 2011



Nevada couples and Lambda Legal filed a federal suit challenging the state's constitutional amendment against same sex marriage. So the Prop 8 challenge floodgates have opened.

Illinois is not voting on a marriage bill this year. Civil unions have only been in effect for 10 months so it's not surprising.

Mr Ice Cream Glove
Apr 22, 2007

Tea Party speaker shows his "tolerance"

quote:

Reports from attendees were that in response to disturbances by protestors, one of the speakers said from the podium, broadcast across the loud speakers at the Commons, "We will not be silenced by faggots."


It is always nice when their honest homophobia comes out and we see the true hate in their heart.

Mr Ice Cream Glove fucked around with this message at 21:28 on Apr 16, 2012

Zero VGS
Aug 16, 2002
ASK ME ABOUT HOW HUMAN LIVES THAT MADE VIDEO GAME CONTROLLERS ARE WORTH MORE
Lipstick Apathy
Carl Winslow is really getting off on choking that twink. I have a feeling that one is going viral.

Captain Mog
Jun 17, 2011
How about you add Ohio to that list? Please? Pretty please with a buckeye on top?

"Ohio AG Gives Nod to Gay Marriage Ban Repeal Initiative"

quote:

LGBT rights groups hope that Ohio, in a first for any state in the US, might overturn its 2004 voter-enacted constitutional amendment banning marriage equality and replace it with language that would allow two consenting adults who otherwise fulfill the requirements of current marriage law in the state to wed.

The initiative also received the backing of the president of the Cleveland chapter of the National Association for the Advancement of Colored People. He reportedly said:

“Not since the Civil Rights Act of 1964 has there been a more important step to achieving equality for all Americans. At the same time, we are ensuring that religious institutions are guaranteed the freedom to refuse to perform or recognize marriages.”

Equality groups will have to gather roughly 385,000 signatures to put the measure before voters in November 2013.

Read more: http://www.care2.com/causes/ohio-ag-gives-nod-to-gay-marriage-ban-repeal-initiative.html#ixzz1sGJtqhaS

Yeah, this has a good chance of failing, but let's not forget the fact that Ohio's "Support Gay Marriage" page is the largest out of any state with 200,000-some likes. At least that's something?

Captain Mog fucked around with this message at 03:55 on Apr 17, 2012

UltimoDragonQuest
Oct 5, 2011



SlenderWhore posted:

How about you add Ohio to that list? Please? Pretty please with a buckeye on top?

"Ohio AG Gives Nod to Gay Marriage Ban Repeal Initiative"


Yeah, this has a good chance of failing, but let's not forget the fact that Ohio's "Support Gay Marriage" page is the largest out of any state with 200,000-some likes. At least that's something?
Worth a shot.
We only get a reasonable chance every 4 years.

e: Oh this would happen in 2013.
Yeah that's going to lose horribly.

UltimoDragonQuest fucked around with this message at 04:11 on Apr 17, 2012

UltimoDragonQuest
Oct 5, 2011



If you live in North Carolina please go vote against Amendment One, a constitutional ban on same sex marriage and civil unions.
List of early voting locations.
If you can't get out there between now and May 5th, you can vote the day of the primary on May 8th.


Colorado Senate has more or less passed civil unions. There's another procedural vote later this week.
They are still looking for a GOP co-sponsor to have any chance of getting a floor vote in the House.

Slaan
Mar 16, 2009



ASHERAH DEMANDS I FEAST, I VOTE FOR A FEAST OF FLESH
I absentee-voted against the Amendment already. But its absentee voting, which they don't even count unless things are close. :(

Thewittyname
May 9, 2010

It's time to...
PRESS! YOUR! LUCK!

eSports Chaebol posted:

Am I just deluded, or can't DOMA be attacked even on rather simple Full Faith and Credit grounds rather than having to make any sort of complex 14th amendment argument?

This was posted a while ago, but it's an interesting question with a complex answer that people who are interested in this topic should know about. Instead of trying to type out a full explanation, simply read this article (yes, it's the Huff Post, but it's thorough).

Here's the quick version: States have long had the ability to refuse to recognize out-of-state marriages under a "public policy" exception to the Full Faith and Credit Clause. (For example, before SSM became an issue, some states would refuse to recognize out-of-state inter-racial marriages because. This was completely legal until the Supreme Court ruled in Loving v. Virginia that anti-miscegenation laws violated the 14th Amendment's Equal Protection and Due Process Clauses.) What states can't do is deny recognition of "public acts, records, and judicial proceedings." The problem is that DOMA not only allows states to ignore marriages, but also any judicial proceedings related to the marriage (such as divorce or probate proceedings). This latter part is what violates the FFC Clause. However, the FFC only knocks out that one part of DOMA.

Rather, when the Supreme Court does strike down DOMA, it will do so based on the 14th Amendment. It's what they did in Loving and it fits in with the Court's other more recent homosexual rights related cases (Romer v. Evans and Lawrence v. Texas). Plus, it allows the court to strike down the whole law instead of just parts (assuming this is what Kennedy wants).

Sad Banana
Sep 7, 2011
Here's a cool vote tracker for the early voting on Amendment 1. It shows party affiliation of the ballots sent in (b/c of the primary) and which counties, and even precincts, they come from. While early voting likely won't be huge the numbers are really interesting. The college precincts are ones to watch to see if students will vote.

http://www.carolinatransparency.com/votetracker/prim2012/

Average age of voters could be predictive. It's 59 so far, which doesn't seem so good for the good guys..

EBT
Oct 29, 2005

by Ralp

Sad Banana posted:

Here's a cool vote tracker for the early voting on Amendment 1. It shows party affiliation of the ballots sent in (b/c of the primary) and which counties, and even precincts, they come from. While early voting likely won't be huge the numbers are really interesting. The college precincts are ones to watch to see if students will vote.

http://www.carolinatransparency.com/votetracker/prim2012/

Average age of voters could be predictive. It's 59 so far, which doesn't seem so good for the good guys..

The second highest return on that list is Buncombe, which contains Asheville so don't be *completely* depressed by those numbers so far.

Slaan
Mar 16, 2009



ASHERAH DEMANDS I FEAST, I VOTE FOR A FEAST OF FLESH
And there are about 30-50% more Democratic ballots cast than Republican, so far. And more Women voting too. I have a feeling that will change on election day though.

Sad Banana
Sep 7, 2011

Slaan posted:

And there are about 30-50% more Democratic ballots cast than Republican, so far. And more Women voting too. I have a feeling that will change on election day though.
NC is one of those states where all the old people who live in rural areas are registered as Dems, despite being conservatives. So it's kind of uncertain whether that's good or bad news because it depends what types of registered Dems are voting.

See total voter registration here:
http://www.carolinatransparency.com/voterregistration/

UltimoDragonQuest
Oct 5, 2011



Civil unions passed the CO Senate, 23-12.

UltimoDragonQuest fucked around with this message at 23:10 on Apr 26, 2012

Zero VGS
Aug 16, 2002
ASK ME ABOUT HOW HUMAN LIVES THAT MADE VIDEO GAME CONTROLLERS ARE WORTH MORE
Lipstick Apathy

Denver Post posted:

Sen. Rollie Heath revealed one of his jobs in the Army was to sign off on the "108" discharge forms dismissing military members who were gay. "I thought nothing of it," the Boulder Democrat said. "It never, ever occurred to me that this was not the right thing to do. How could you have gays in the military? Everything would come to a halt."

This seems out of context... it says in the article that all democrats voted for civil unions, and this guy is democrat. What's he trying to say, that he never had any moral qualms about DADT because...?

Lightning Knight
Feb 24, 2012

Pray for Answer

quote:

This seems out of context... it says in the article that all democrats voted for civil unions, and this guy is democrat. What's he trying to say, that he never had any moral qualms about DADT because...?

It seems like he's doing this as some form of atonement. As in, "back in the day I persecuted gays for a living, and it was simply normal. The banality of evil firsthand. But today I realize that that was in fact awful, and so I'm here with my vote to make things right."

Or at least, I'd like to hope it's that interpretation.

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blackmet
Aug 5, 2006

I believe there is a universal Truth to the process of doing things right (Not that I have any idea what that actually means).

Zero VGS posted:

This seems out of context... it says in the article that all democrats voted for civil unions, and this guy is democrat. What's he trying to say, that he never had any moral qualms about DADT because...?

http://senrollieheath.com/index.php?id=12

Rollie Heath is not a young man. He graduated high school back in 1955, and did active military work from 1961-1969. He ran for governor back in 2002, and was anhillated by Repubican Bill Owens.

I think he was trying to say, especially given that he voted for this bill: "Wow, I/society were really ignorant back in the 60's, look how far I/society has come." The way it was written was extremely odd, though.

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