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HenryTMensch

HenryTMensch

New York, NY
December 2004

FEB 04, 2005 04:42 PM

Rath said:
To be clear, this isn't New York doing it. It's a COURT in New York doing it. There's NO New York legislation permitting it.



To be clear, Courts in NY get to say what the state constitution means and Courts are part of the government of New York. Courts make new law all the time in common law jurisdictions... it's been going on for centuries, even if Bush says "activist judges legislatiing from the bench" with a sneer and a wink to Justice Breyer during the state of the union, as if legislating from the bench is some new dangerous development.

VIVAcheektaVEGAS

VIVAcheektaVEGAS

Buffalo, NY
January 2005

FEB 04, 2005 04:51 PM

Stirfry......wow dude.... did i hit on yr girlfriend or something??....holy shit....i'm tryin to stick up for people here


Frenchy

Frenchy

San Francisco, CA
November 2004

FEB 04, 2005 11:49 PM

Mariage: the union between two loving HUMAN BEING.

It shouldn't be more complicated than that... sorry! blackeyed

Sempi

Sempi

Novato, CA
February 2003

FEB 04, 2005 11:56 PM

Frenchy said:
Mariage: the union between two loving HUMAN BEING.

It shouldn't be more complicated than that... sorry! blackeyed



Word!

Rath

Rath

I'm lost
December 2003

FEB 05, 2005 02:45 PM

HenryTMensch said:

Rath said:
To be clear, this isn't New York doing it. It's a COURT in New York doing it. There's NO New York legislation permitting it.



To be clear, Courts in NY get to say what the state constitution means and Courts are part of the government of New York. Courts make new law all the time in common law jurisdictions... it's been going on for centuries, even if Bush says "activist judges legislatiing from the bench" with a sneer and a wink to Justice Breyer during the state of the union, as if legislating from the bench is some new dangerous development.



Right. But this is ONE lower court judge. Her ruling is effective ONLY in one borough of one city in the state. And she stayed her ruling to give the government time to appeal, so it doesn't even have any effect in the one borough of the one city it covers.

Even if the intermediate appellate court upholds this lower court's ruling, the appellate court's ruling will only be effective in one quarter of the state. The remaining three-quarters of the state will still be where they are now.

You can't say that New York has "legalized" gay marriage until the highest appellate court -- the Court of Appeals, whose rulings govern state-wide -- rules on the issue and says it's unconstitutional to make it illegal.

And even then, as a matter of semantics, I think it would be inaccurate to say that "New York" "legalized" gay marriage. More like the New York Court of Appeals said it can't be illegal. Again, don't give credit where it isn't due.

[Edited on Feb 05, 2005 by Rath]

HenryTMensch

HenryTMensch

New York, NY
December 2004

FEB 05, 2005 02:54 PM

Rath said:

HenryTMensch said:

Rath said:
To be clear, this isn't New York doing it. It's a COURT in New York doing it. There's NO New York legislation permitting it.



To be clear, Courts in NY get to say what the state constitution means and Courts are part of the government of New York. Courts make new law all the time in common law jurisdictions... it's been going on for centuries, even if Bush says "activist judges legislatiing from the bench" with a sneer and a wink to Justice Breyer during the state of the union, as if legislating from the bench is some new dangerous development.



Right. But this is ONE lower court judge. Her ruling is effective ONLY in one borough of one city in the state. And she stayed her ruling to give the government time to appeal, so it doesn't even have any effect in the one borough of the one city it covers.

Even if the intermediate appellate court upholds this lower court's ruling, the appellate court's ruling will only be effective in one quarter of the state. The remaining three-quarters of the state will still be where they are now.

You can't say that New York has "legalized" gay marriage until the highest appellate court -- the Court of Appeals, whose rulings govern state-wide -- rules on the issue and says it's unconstitutional to make it illegal.

And even then, as a matter of semantics, I think it would be inaccurate to say that "New York" "legalized" gay marriage. More like the New York Court of Appeals said it can't be illegal. Again, don't give credit where it isn't due.

[Edited on Feb 05, 2005 by Rath]



Yes, of course you are right. But it's nothing new for the courts to make law w/r/t hot button civil rights issues. It would be better if the legislature would do it, but realistically this sort of step forward is likely to come from the state courts...

kekaha

kekaha

Puyallup, WA
November 2004

FEB 06, 2005 01:44 AM

Frenchy said:
Mariage: the union between two loving HUMAN BEING.

It shouldn't be more complicated than that... sorry! blackeyed


Yet my dictionary says

Main Entry: mar·riage
Pronunciation: 'mar-ij
Function: noun
1 : the state of being united to a person of the opposite sex as husband or wife in a legal, consensual, and contractual relationship recognized and sanctioned by and dissolvable only by law —see also DIVORCE
2 : the ceremony containing certain legal formalities by which a marriage relationship is created


OK, now I sound like thewomb, so to lighten it up I will ask, are you using a special Gay Dictionary?
Ironically, the one I used is American Heritage

darksphere

darksphere

Vancouver, BC
January 2005

FEB 06, 2005 09:02 AM

plasticfangs said:
Someimes I think that the two US coasts should get together and annex themselves away from the rest of the US. We could call it "Liberalania", or "Cool, Open-MInded Land", or soemthing. But yeah. Go NY!






biggrin

HenryTMensch

HenryTMensch

New York, NY
December 2004

FEB 06, 2005 10:17 AM

kekaha said:

Frenchy said:
Mariage: the union between two loving HUMAN BEING.

It shouldn't be more complicated than that... sorry! blackeyed


Yet my dictionary says

Main Entry: mar·riage
Pronunciation: 'mar-ij
Function: noun
1 : the state of being united to a person of the opposite sex as husband or wife in a legal, consensual, and contractual relationship recognized and sanctioned by and dissolvable only by law —see also DIVORCE
2 : the ceremony containing certain legal formalities by which a marriage relationship is created


OK, now I sound like thewomb, so to lighten it up I will ask, are you using a special Gay Dictionary?
Ironically, the one I used is American Heritage



Not to single you out or anything, but why do people imagine that dictionary definitions somehow are decisive or even persuasive in arguments like this. Dictionary definitions change all the time. The only reason things like this should get posted is when someone really just has the definition completely wrong -- e.g. imagining that "marriage" means "a small potted cactus" -- rather than when people are fighting over the edges of the definition.

And I get that you are being slightly facetious with the dictionary quoting, but I figured I'd seize the opportunity to point out that this tactic is teh geigh.

llouys

llouys

Brazil
August 2003

FEB 06, 2005 10:19 AM

HenryTMensch said:

kekaha said:

Frenchy said:
Mariage: the union between two loving HUMAN BEING.

It shouldn't be more complicated than that... sorry! blackeyed


Yet my dictionary says

Main Entry: mar·riage
Pronunciation: 'mar-ij
Function: noun
1 : the state of being united to a person of the opposite sex as husband or wife in a legal, consensual, and contractual relationship recognized and sanctioned by and dissolvable only by law —see also DIVORCE
2 : the ceremony containing certain legal formalities by which a marriage relationship is created


OK, now I sound like thewomb, so to lighten it up I will ask, are you using a special Gay Dictionary?
Ironically, the one I used is American Heritage



Not to single you out or anything, but why do people imagine that dictionary definitions somehow are decisive or even persuasive in arguments like this. Dictionary definitions change all the time. The only reason things like this should get posted is when someone really just has the definition completely wrong -- e.g. imagining that "marriage" means "a small potted cactus" -- rather than when people are fighting over the edges of the definition.

And I get that you are being slightly facetious with the dictionary quoting, but I figured I'd seize the opportunity to point out that this tactic is teh geigh.




Goddamnit small potted cactuses should be able to get married too!

battlin_albright

battlin_albright

Dayton, OH
June 2004

FEB 06, 2005 10:28 AM

iHvPuNmyShu said:
there were times when CERTAIN MINORITIES werent aloud to vote
there were times when CERTAIN MINORITIES werent aloud to go the school of their choose'n
there were times when CERTAIN MINORITIES werent aloud to eat/drink/even sit with people not of their own minority
there were times when CERTAIN MINORITIES werent aloud to marry...


There were times when people didn't know the difference between allowed and aloud....

I'm sorry, but that was driving me insane. whatever biggrin

TheJuanupsman

TheJuanupsman

Hopkins, MN
April 2004

FEB 06, 2005 10:32 AM

plasticfangs said:
Someimes I think that the two US coasts should get together and annex themselves away from the rest of the US. We could call it "Liberalania", or "Cool, Open-MInded Land", or soemthing. But yeah. Go NY!



heh, the coasts always think they have the liberal thing monopolized. As the only state to vote Democrat for every presidential election in the last 28 years, and the state to produce some of the most liberal U.S senators (Humphrey, Wellstone) this country has ever seen, I think Minnesota should be part of any liberal defection/annexation.

Vanessa

Vanessa

SUICIDEGIRL

USA

FEB 06, 2005 10:34 AM

fuck.
I'm moving to New York.

HenryTMensch

HenryTMensch

New York, NY
December 2004

FEB 06, 2005 11:07 AM

Vanessa said:
fuck.
I'm moving to New York.



YAY!

biggrin

kekaha

kekaha

Puyallup, WA
November 2004

FEB 06, 2005 11:24 AM


member=HenryTMensch]:
Dictionary definitions change all the time, etc...And I get that you are being slightly facetious with the dictionary quoting, but I figured I'd seize the opportunity to point out that this tactic is teh geigh.


You're right, I was being facetious, and I don't feel singled out or under attack.
But pointing that out was like so gay

HenryTMensch

HenryTMensch

New York, NY
December 2004

FEB 06, 2005 11:28 AM

kekaha said:

member=HenryTMensch]:
Dictionary definitions change all the time, etc...And I get that you are being slightly facetious with the dictionary quoting, but I figured I'd seize the opportunity to point out that this tactic is teh geigh.


You're right, I was being facetious, and I don't feel singled out or under attack.
But pointing that out was like so gay



GUILTY AS CHARGED. Don't tell my wife. Or any of the SGs. Fuck! Oops!

Subrosa

Subrosa

San Francisco, CA
July 2004

FEB 06, 2005 11:33 AM

HenryTMensch said:

kekaha said:

member=HenryTMensch]:
Dictionary definitions change all the time, etc...And I get that you are being slightly facetious with the dictionary quoting, but I figured I'd seize the opportunity to point out that this tactic is teh geigh.


You're right, I was being facetious, and I don't feel singled out or under attack.
But pointing that out was like so gay



GUILTY AS CHARGED. Don't tell my wife. Or any of the SGs. Fuck! Oops!



Get a room, guys.

Buncha homos on this site, I'm telling you.

Subrosa

Subrosa

San Francisco, CA
July 2004

FEB 06, 2005 11:34 AM

thejuanupsman said:

plasticfangs said:
Someimes I think that the two US coasts should get together and annex themselves away from the rest of the US. We could call it "Liberalania", or "Cool, Open-MInded Land", or soemthing. But yeah. Go NY!



heh, the coasts always think they have the liberal thing monopolized. As the only state to vote Democrat for every presidential election in the last 28 years, and the state to produce some of the most liberal U.S senators (Humphrey, Wellstone) this country has ever seen, I think Minnesota should be part of any liberal defection/annexation.



You're in! Along with Wisconsin, Michigan and Illinois. We need cheese, cars and corrupt city politicians too. Everything else, we'll import.

[Edited on Feb 06, 2005 by Subrosa]

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