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Ear to the Ground

Federal Judge Finds Gay Marriage Ban Unconstitutional

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Posted on Jul 8, 2010
Flickr / CarbonNYC (CC-BY)

A U.S. district judge in Massachusetts decided in two separate cases that the 1996 Defense of Marriage Act signed into law by Bill Clinton encroaches on the states’ right to regulate marriage and violates the equal protection clause of the Constitution.

AP via Google (emphasis added):

“Congress undertook this classification for the one purpose that lies entirely outside of legislative bounds, to disadvantage a group of which it disapproves. And such a classification the Constitution clearly will not permit,” [U.S. District Judge] Tauro wrote.

[...] Andrea Lafferty, executive director of the Traditional Values Coalition, called Tauro’s ruling “judicial activism” and said Tauro was a “rogue judge.” Gay marriage advocates will keep pushing their agenda in the courts, she said, but noted voters often reject gay marriage at the ballot box, including in a recent California vote.

“We can’t allow the lowest common denominator states, like Massachusetts, to set standards for the country,” Lafferty said.

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By Baronscarpia, July 16, 2010 at 4:35 am Link to this comment

How difficult must Lafferty’s personal struggle be.  Clearly he believes that sexuality is a choice.  He therefore, must be making this choice for himself.  And since he is afraid of falling to the “lowest common denominator” he must fear that if more and more same sex marriages are permitted, he will be surrounded by happy gay and Lesbian choices, and his resolve will fail.  He too will become gay!  Poor gay…er, guy.

I wonder if he remembers the first moment he was faced with this difficult choice?  The first time in, perhaps, a junior high locker room, surrounded by naked and half naked boys.  Imagine the crisis of choice he confronted.  Should I allow my penis to become erect or not?  Should I choose to be gay?

And how about now, in his adulthood?  Is it a struggle for him to will his Johnson to attention when the image of a scantily clad, young, nubile woman is flashed before him?  Choose well, sir.

And how about when he sits next to an obviously gay man on, say an airplane?  How does he resist the infectious gay rays?  Does he wear tinfoil underwear?

What a difficult life this poor troubled, conflicted soul must live.  We should make those rending emotions illegal.  Really, we should.

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By Antonio Lorusso, July 10, 2010 at 10:21 am Link to this comment
(Unregistered commenter)

“Sexuality is biology and as a atom to a molecule, to
a cell to a tissue to an organ and organism. There is
a order, this order does not go backwards.”

You are confusing sexual organs with sexual desire. A
person can have a biological desire for people of the
same sex. One hypothesis is that sexuality can also
be genetic. given that reproduction has been shown to
mix and match biological aspects that are defined as
“male” or “female” between both sexes, it is not
unreasonable that one can be born with genes that
will give you same sex desire once you reach puberty.

“I have been in social services 43 years and have
never seen a gay baby, or one year old or any infant,
never seen a gay infant”

In 43 years of social services you have also never
seen a heterosexual infant or baby since sexual
desire does not exist in infants or babies.

“So please do not reverse nature for the sake of
tolerance, sex is not the only thing in life and it
is not to be treated like it is.”

Given that homosexuality is genetic for some it is
entirely natural for some people to engage in
homosexual activity. But even if that isn’t true we
break nature every day, flying in the air, travelling
in space and underwater.

“colon cancer is no fun!”

Neither is being killed by travelling in cars, trains
and aeroplanes. None of these activities are
“natural” or necessary for the continuation of life.
Yet we do them, and some people do these for fun, not
even for any useful purpose.

Where is the religious campaign against unnatural unnecessary dangerous mechanical transportation?

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RAE's avatar

By RAE, July 10, 2010 at 9:16 am Link to this comment

“I have been in social services 43 years and have never seen a gay baby, or one year old or any infant, never seen a gay infant.”

This is perhaps the most idiotic statement I’ve ever read on Truthdig.

I think, Peter, what you meant to say is that you’ve been RECEIVING social services for 43 years because NO ONE educated in the field would state the complete crap that you do re homosexuality.

How do I know? Because I hold THREE university degrees to Master’s level in… guess what… SOCIAL SERVICES! And have worked in the field for a huge chunk of my working years. And besides, I’ve been gay since I realized what my sexuality is (long time after infancy like everyone else as anyone with half a brain could tell you).

I know what I’m talking about. Tell us how you KNOW what you’re talking about.

What you write about homosexuality are LIES. I think most people reading these forums know it.

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By Earthling, July 10, 2010 at 2:36 am Link to this comment

It is amazing to me that these anti-gay (actually anti-LGBT)folks either have absolutely no sense for legal extrapolation from or are simply ignorant of the case of Loving vs the State of Virginia.
  It seems as clearly unconstitutional to legally prohibit marriage based on sexual preference as it is to prohibit marriage based on skin color.

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By dihey, July 9, 2010 at 10:42 am Link to this comment

My newspaper reports that the Obama administration plans to appeal the ruling!

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By Antonio Lorusso, July 9, 2010 at 10:04 am Link to this comment
(Unregistered commenter)

This is the 2nd time I’ve seen Conservative Christians call a judge an activist when facing a
decision they didn’t like. The last time was over an
attempt to get Intelligent Design into a public
school science class. The judge in that, a Christian,
who understood that Christianity doesn’t trump the
U.S. Constitution.

The irony is, these concerned Christians think the
constitution is being attacked nowadays.

It is, by them.

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By ursomniac, July 9, 2010 at 7:00 am Link to this comment
(Unregistered commenter)

How can Tauro be a “rogue judge”—- he’s a Republican appointed by NIXON!

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RAE's avatar

By RAE, July 9, 2010 at 4:57 am Link to this comment

I love the name of Lafferty’s group - the “Traditional Values Coalition.”

It seems these Luddites consider discrimination and meanness as traditional values - even more, that these “values” authorize the group to pick and choose what are rights and who gets which ones. Apparently they’ve never read or understood the Constitution, or, if they have, they’re following the lead of the administrators of many governments to simply IGNORE both the spirit and the letter of this set of laws.

Whatever the case these people’s “values” disgust me. Actually I’m disgusted by anyone who assumes the right to determine for others how they should live their lives. Better not try this horseshit on me - I have ZERO TOLERANCE for this crap in my life.

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