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(Think Progress)   Tea Party senators introduce the "You're not married anymore" bill for same sex couples. Happy F*cking Valentine's Day   (thinkprogress.org) divider line 253
    More: Dumbass, Valentine's Day  
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4608 clicks; posted to Politics » on 14 Feb 2014 at 2:01 PM (36 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-02-14 10:53:24 AM  
for one brief glorious instant I thought that they were holding hands in that picture.
 
2014-02-14 11:01:11 AM  
In the wake of U.S. v. Windsor, this law does not pass constitutional muster.
 
2014-02-14 11:03:18 AM  

RexTalionis: In the wake of U.S. v. Windsor, this law does not pass constitutional muster.


Please explain further.
 
2014-02-14 11:04:52 AM  
Dear Terp Perpty,

Remember when you were a small but proud coalition of the common people who were standing up to government oppression in the form of excessively high taxes?

...Me neither.

Love, Chari
 
2014-02-14 11:06:12 AM  
Can't we just shoot these Constitution hating f*cktards for treason and be done with it?
 
2014-02-14 11:10:22 AM  

Heliovdrake: RexTalionis: In the wake of U.S. v. Windsor, this law does not pass constitutional muster.

Please explain further.


Yeah, I'm curious about this too. The Windsor opinion didn't say anything about the manner of how the federal government had to legally recognize same-sex couples' marriages. Obama et al decided on state of celebration instead of state of residency because they wanted to get as many same-sex couples' marriages recognized as possible, but they could just as easily have decided on state of residency as well. This law would just force Obama to use the state of residency choice. Just because it's an obvious smack in the face doesn't mean it's unconstitutional.
 
2014-02-14 11:11:09 AM  

Heliovdrake: RexTalionis: In the wake of U.S. v. Windsor, this law does not pass constitutional muster.

Please explain further.


Aside from the Equal Protection argument that would be fairly obvious to see (i.e. treating what are functionally identical groups of people for no real reason), there's also this part from U.S. v. Windsor:

"DOMA seeks to injure the very class New York seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the Federal Government. See U.S. Const., Amdt. 5; Bolling v. Sharpe, 347 U.S. 497, 74 S.Ct. 693, 98 L.Ed. 884 (1954). The Constitution's guarantee of equality "must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot" justify disparate treatment of that group. Department of Agriculture v. Moreno, 413 U.S. 528, 534-535, 93 S.Ct. 2821, 37 L.Ed.2d 782 (1973). In determining whether a law is motived by an improper animus or purpose, "`[d]iscriminations of an unusual character'" especially require careful consideration. Supra, at 2692 (quoting Romer, supra, at 633, 116 S.Ct. 1620). DOMA cannot survive under these principles. The responsibility of the States for the regulation of domestic relations is an important indicator of the substantial societal impact the State's classifications have in the daily lives and customs of its people. DOMA's unusual deviation from the usual tradition of recognizing and accepting state definitions of marriage here operates to deprive same-sex couples of the benefits and responsibilities that come with the federal recognition of their marriages. This is strong evidence of a law having the purpose and effect of disapproval of that class. The avowed purpose and practical effect of the law here in question are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States."

U.S. v. Windsor

This is a law whose animus is the same as DOMA's - to disparage people in same sex marriages because the drafters of the law disapprove of it. I don't think courts will hold it in much favor.
 
2014-02-14 11:15:52 AM  
That will never even come up for a vote.
 
2014-02-14 11:19:22 AM  

RexTalionis: This is a law whose animus is the same as DOMA's - to disparage people in same sex marriages because the drafters of the law disapprove of it. I don't think courts will hold it in much favor.


Remember that rational basis review doesn't mean that the court evaluates only the reasons given for the law when it was passed and signed. It means you have to consider even reasons that weren't given when the law was passed and signed. That's part of why, for example, Judge Vaughn Walker's opinion striking down Prop 8 in his district court was so long: he had to look at possible reasons that nobody presented to him in court. Especially with the current SCOTUS, that makes the case for this law stronger.
 
2014-02-14 11:30:49 AM  
Ted Cruz's career shames us all.
 
2014-02-14 11:32:51 AM  
I'll have to think about the legal issues more deeply before opining anything, but I feel reasonably confident in saying that these guys are a couple of assholes.
 
2014-02-14 11:36:14 AM  

MaudlinMutantMollusk: Can't we just shoot these Constitution hating f*cktards for treason and be done with it?


Seriously. Hating the Blah man, plus all the dog-whistle training from FoxNews has turned them into the worst kind of anti-Americans.
 
2014-02-14 11:37:34 AM  
Why?

Here's what I don't get. Ted Cruz is a very smart man. Don't let the derp fool you- he's playing to the crowd. He's smart enough to know that this particular issue is a losing one, and future generations will shake their head and compare this to Bull Connor, so WHY has he jumped on this particular losing argument??
 
2014-02-14 11:40:04 AM  

what_now: Why?

Here's what I don't get. Ted Cruz is a very smart man. Don't let the derp fool you- he's playing to the crowd. He's smart enough to know that this particular issue is a losing one, and future generations will shake their head and compare this to Bull Connor, so WHY has he jumped on this particular losing argument??


I don't think it has a snowball's chance in hell of passing, so this looks like political theater.
 
2014-02-14 11:40:37 AM  

what_now: Why?

Here's what I don't get. Ted Cruz is a very smart man. Don't let the derp fool you- he's playing to the crowd. He's smart enough to know that this particular issue is a losing one, and future generations will shake their head and compare this to Bull Connor, so WHY has he jumped on this particular losing argument??


Because he thinks he can win the primary by using it now.
 
2014-02-14 11:41:18 AM  

Tigger: Ted Cruz's career shames us all.


As a Canuckain, I feel more shame over this asswipe than the Bieb, Celine Dion & Nickelback combined.
 
2014-02-14 11:48:10 AM  
Laser-like focus on same-sex blowjobs.
 
2014-02-14 11:48:14 AM  

Nabb1: what_now: Why?

Here's what I don't get. Ted Cruz is a very smart man. Don't let the derp fool you- he's playing to the crowd. He's smart enough to know that this particular issue is a losing one, and future generations will shake their head and compare this to Bull Connor, so WHY has he jumped on this particular losing argument??

I don't think it has a snowball's chance in hell of passing, so this looks like political theater.


BINGO! Ted Cruz wants to be President in '16. The best way for him to get head up the GOP ticket is to pander to the extreme-right wing of the party, even if it puts himself on the wrong side of history, because his desire for the Presidency is all that matters to him. Funny thing is, though, the same people he is pandering to are those who went after Obama so vociferously for allegedly being born in Kenya, when it is a known, acknowledged fact that Cruz was born in Canada. I can't wait to see how the Tea Party derpists try to justify voting for Cruz when they wanted Obama kicked out of office.
 
2014-02-14 11:53:42 AM  

MmmmBacon: Nabb1: what_now: Why?

Here's what I don't get. Ted Cruz is a very smart man. Don't let the derp fool you- he's playing to the crowd. He's smart enough to know that this particular issue is a losing one, and future generations will shake their head and compare this to Bull Connor, so WHY has he jumped on this particular losing argument??

I don't think it has a snowball's chance in hell of passing, so this looks like political theater.

BINGO! Ted Cruz wants to be President in '16. The best way for him to get head up the GOP ticket is to pander to the extreme-right wing of the party, even if it puts himself on the wrong side of history, because his desire for the Presidency is all that matters to him. Funny thing is, though, the same people he is pandering to are those who went after Obama so vociferously for allegedly being born in Kenya, when it is a known, acknowledged fact that Cruz was born in Canada. I can't wait to see how the Tea Party derpists try to justify voting for Cruz when they wanted Obama kicked out of office.


Hes white enough.

Are you really doubting these assholes ability to ignore facts that they don't like?
 
2014-02-14 11:56:00 AM  
Serious Black: Heliovdrake: RexTalionis: In the wake of U.S. v. Windsor, this law does not pass constitutional muster.

Please explain further.

Yeah, I'm curious about this too. The Windsor opinion didn't say anything about the manner of how the federal government had to legally recognize same-sex couples' marriages. Obama et al decided on state of celebration instead of state of residency because they wanted to get as many same-sex couples' marriages recognized as possible, but they could just as easily have decided on state of residency as well. This law would just force Obama to use the state of residency choice. Just because it's an obvious smack in the face doesn't mean it's unconstitutional.


I think that's correct, unless the sort of "slightly higher than rational basis, but not willing to admit that it's heightened scrutiny" test of  Windsor is applied to it.
 
2014-02-14 12:00:51 PM  

Theaetetus: Serious Black: Heliovdrake: RexTalionis: In the wake of U.S. v. Windsor, this law does not pass constitutional muster.

Please explain further.

Yeah, I'm curious about this too. The Windsor opinion didn't say anything about the manner of how the federal government had to legally recognize same-sex couples' marriages. Obama et al decided on state of celebration instead of state of residency because they wanted to get as many same-sex couples' marriages recognized as possible, but they could just as easily have decided on state of residency as well. This law would just force Obama to use the state of residency choice. Just because it's an obvious smack in the face doesn't mean it's unconstitutional.

I think that's correct, unless the sort of "slightly higher than rational basis, but not willing to admit that it's heightened scrutiny" test of  Windsor is applied to it.


Don't get me started on that garbage. Kennedy needs to grow some stones.
 
2014-02-14 12:01:05 PM  

Nabb1: I don't think it has a snowball's chance in hell of passing, so this looks like political theater.


RexTalionis: Because he thinks he can win the primary by using it now.


There aren't enough people- even in Texas- who care that much about this. And by the time Cruz runs again, in 2018, the demographics will have slipped even further behind him.
 
2014-02-14 12:07:05 PM  

RexTalionis: In the wake of U.S. v. Windsor, this law does not pass constitutional muster.


I love how the guy co-sponsoring this law didn't bother to read Windsor first.

Kind of that defiant "Only reedin' I need to know is U, S and A" Tea Party logic that we all love so well.
 
2014-02-14 12:10:28 PM  
Jesus, this thread smells of brimstone. I have an uncontrollable urge to keep a tight grip on my wallet.
 
2014-02-14 12:11:21 PM  
How's that job creation thing coming along Teddy boy?
 
2014-02-14 12:17:19 PM  
Why don't they just suck each other's dicks and get it over with?
 
2014-02-14 12:25:57 PM  
My state doesn't recognize Ted Cruz.
 
2014-02-14 12:37:48 PM  
Please oh please lets get the government out the marriage business. Let's just recognize "marriage" as an LLC between two people and call it that. The word marriage just has too much baggage.
 
2014-02-14 12:39:13 PM  

The Stealth Hippopotamus: Please oh please lets get the government out the marriage business. Let's just recognize "marriage" as an LLC between two people and call it that. The word marriage just has too much baggage.


Ain't nothing about marriage that is limited liability.
 
2014-02-14 12:43:23 PM  

Theaetetus: Serious Black: Heliovdrake: RexTalionis: In the wake of U.S. v. Windsor, this law does not pass constitutional muster.

Please explain further.

Yeah, I'm curious about this too. The Windsor opinion didn't say anything about the manner of how the federal government had to legally recognize same-sex couples' marriages. Obama et al decided on state of celebration instead of state of residency because they wanted to get as many same-sex couples' marriages recognized as possible, but they could just as easily have decided on state of residency as well. This law would just force Obama to use the state of residency choice. Just because it's an obvious smack in the face doesn't mean it's unconstitutional.

I think that's correct, unless the sort of "slightly higher than rational basis, but not willing to admit that it's heightened scrutiny" test of  Windsor is applied to it.


Well, haven't we really had that test for quite a while now? I mean, City of Cleburne v. Cleburne Living Center was from the 80s, wasn't it?
 
2014-02-14 12:43:40 PM  
When is the last time that the day's news did not include an evil, biased, bigoted act from the GOP?  Honestly... their little contest to see who can be the most evil is really getting tiring.
 
2014-02-14 12:50:30 PM  
GOP: The party of racist, sexist, bible thumping assholes. TM
 
2014-02-14 12:53:34 PM  
So what happens if my religion (which isn't Christian) says same sex marriage is ok...but the laws of my state take the wacko Christian view that same sex marriage doesn't exist...? Isn't that kind of being oppressive towards members of my faith?
 
2014-02-14 12:56:43 PM  

Weaver95: So what happens if my religion (which isn't Christian) says same sex marriage is ok...but the laws of my state take the wacko Christian view that same sex marriage doesn't exist...? Isn't that kind of being oppressive towards members of my faith?


Why can't these people stop trying to impose their faith on everyone? Plain and simple. Nobody is making them do anything, nobody is making them change their faith and beliefs.  I will never understand why anyone cares who gets married, or what other people do in their own bedrooms.
 
2014-02-14 12:57:13 PM  
I shouldn't have to recognize Ted Cruz's marriage to a white woman. If god intended for white women to  marry Mexiricans, he wouldn't have put them in different countries.
 
2014-02-14 12:58:31 PM  

The Stealth Hippopotamus: Please oh please lets get the government out the marriage business. Let's just recognize "marriage" as an LLC between two people and call it that. The word marriage just has too much baggage.


Too much baggage for bigots... So we should abolish a civil institution that has existed for centuries because some asshats hate gay people? Since when do we negotiate with terrorists?
 
2014-02-14 12:59:09 PM  
This doesn't stand a snowball's chance in hell of being passed out of the Senate, let alone being signed by the President. It's all political grandstanding.

That being said, it takes pretty big cajones to publicly come out and say "I'm a total choade."
 
2014-02-14 12:59:29 PM  

vudukungfu: GOP: The party of racist, sexist, bible thumping assholes. TM


I like meme floating around MSNBC, inaccurate as it may be:
"The Party of Abraham Lincoln has become the Party of Jefferson Davis."
 
2014-02-14 12:59:38 PM  

Weaver95: So what happens if my religion (which isn't Christian) says same sex marriage is ok...but the laws of my state take the wacko Christian view that same sex marriage doesn't exist...? Isn't that kind of being oppressive towards members of my faith?


You have the freedom to belong to any denomination of Judeo-Christian faith you choose. It's a free country!
 
2014-02-14 12:59:42 PM  
Ted Cruz should go back to Canada.
 
2014-02-14 01:00:34 PM  

kbronsito: I shouldn't have to recognize Ted Cruz's marriage to a white woman. If god intended for white women to  marry Mexiricans, he wouldn't have put them in different countries.


He's a cuban Canadian.
 
2014-02-14 01:02:22 PM  

simplicimus: kbronsito: I shouldn't have to recognize Ted Cruz's marriage to a white woman. If god intended for white women to  marry Mexiricans, he wouldn't have put them in different countries.

He's a cuban Canadian.


That just means his parents "marriage" was also an abomination onto the lord. And under the one-drop rule, he's still Mexirican.
 
2014-02-14 01:03:49 PM  

vernonFL: Ted Cruz should go back to Canada.


How does he plan to get around that pesky natural born citizen issue if he wants to run for President?
 
2014-02-14 01:05:14 PM  

Weaver95: So what happens if my religion (which isn't Christian) says same sex marriage is ok...but the laws of my state take the wacko Christian view that same sex marriage doesn't exist...? Isn't that kind of being oppressive towards members of my faith?


Of course not, because Christianity is the only real religion. All you others are just godless heathens who will come around or burn in hellfire while the evangelists get to spit on you from heaven.

/sarcasm
 
2014-02-14 01:06:32 PM  

kbronsito: simplicimus: kbronsito: I shouldn't have to recognize Ted Cruz's marriage to a white woman. If god intended for white women to  marry Mexiricans, he wouldn't have put them in different countries.

He's a cuban Canadian.

That just means his parents "marriage" was also an abomination onto the lord. And under the one-drop rule, he's still Mexirican.


Try telling any non Cuban Hispanic that their just like Cubans. If you don't speak spanish and/or portuguese, bring an interpreter.
 
2014-02-14 01:07:48 PM  

serpent_sky: vernonFL: Ted Cruz should go back to Canada.

How does he plan to get around that pesky natural born citizen issue if he wants to run for President?


How's he doing renouncing his Canadian citizenship?
 
2014-02-14 01:08:57 PM  

Zarquon's Flat Tire: Weaver95: So what happens if my religion (which isn't Christian) says same sex marriage is ok...but the laws of my state take the wacko Christian view that same sex marriage doesn't exist...? Isn't that kind of being oppressive towards members of my faith?

Of course not, because Christianity is the only real religion. All you others are just godless heathens who will come around or burn in hellfire while the evangelists get to spit on you from heaven.

/sarcasm


Snark aside, I have to be at least somewhat circumspect with regards to pagan beliefs in my area. I'm not far from santorum loony land.
 
2014-02-14 01:09:17 PM  

simplicimus: serpent_sky: vernonFL: Ted Cruz should go back to Canada.

How does he plan to get around that pesky natural born citizen issue if he wants to run for President?

How's he doing renouncing his Canadian citizenship?


Even if he does that, it won't change where he was born.

I seem to recall the Tea Party being particularly obsessed with the birthplace of presidential candidates.
 
2014-02-14 01:10:06 PM  

RexTalionis: Ain't nothing about marriage that is limited liability.


point!

img593.imageshack.us

Theaetetus: Too much baggage for bigots... So we should abolish a civil institution that has existed for centuries because some asshats hate gay people? Since when do we negotiate with terrorists?


We're not abolishing Holy Matrimony just the legal term marriage. Of course that would lessen government's control over our lives. And we can't have that!
 
2014-02-14 01:10:23 PM  
You don't like gay marriage? THEN DON'T farkING GET GAY MARRIED AND LEAVE EVERYONE ELSE ALONE
 
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