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Sun May 25, 2014, 09:16 AM

As of now, every single state gay marriage ban is now being challenged in court

North Dakota’s same-sex marriage ban to be challenged
The nation’s last unchallenged state same-sex marriage ban is about to lose that status.
By Niraj Chokshi, Published: May 24 E-mail the writer

“There will be a case filed challenging North Dakota’s same-sex marriage ban,” says Joshua Newville, a Minneapolis-based civil rights attorney who filed a suit Thursday against South Dakota’s ban on behalf of same-sex couples there.


Newville is in talks with advocates and attorneys in North Dakota and confirmed that either he or another attorney will bring a lawsuit against that state’s ban within six to eight weeks.

Until Wednesday, just three of the 33 states that ban same-sex marriage had not been sued over those policies. But same-sex couples sued Montana that day and South Dakota on Thursday, leaving only North Dakota’s unchallenged.

The same-sex marriage movement has enjoyed a streak of more than a dozen victories in federal courts since a pivotal Supreme Court decision last summer, striking down a central part of the Defense of Marriage Act and granting federal recognition to same-sex married couples. Since then, no state ban has survived a court challenge, according to the Human Rights Campaign, which advocates for same-sex marriage.



MORE:
http://www.washingtonpost.com/politics/north-dakotas-same-sex-marriage-ban-to-be-challenged/2014/05/24/10d10b5c-e1ef-11e3-810f-764fe508b82d_story.html

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Reply As of now, every single state gay marriage ban is now being challenged in court (Original post)
kpete May 2014 OP
shenmue May 2014 #1
Lee-Lee May 2014 #2
jwirr May 2014 #3
n2doc May 2014 #4
jwirr May 2014 #5
MillennialDem May 2014 #15
struggle4progress May 2014 #17
MillennialDem May 2014 #18
calimary May 2014 #7
Jack Rabbit May 2014 #8
A Simple Game May 2014 #11
Jack Rabbit May 2014 #12
Dustlawyer May 2014 #19
calimary May 2014 #21
Dustlawyer May 2014 #23
calimary May 2014 #32
calimary May 2014 #6
Stryst May 2014 #13
calimary May 2014 #20
Stryst May 2014 #22
calimary May 2014 #27
Stryst May 2014 #34
m-lekktor May 2014 #9
calimary May 2014 #28
blkmusclmachine May 2014 #10
Stryst May 2014 #14
MillennialDem May 2014 #16
minivan2 May 2014 #26
calimary May 2014 #29
minivan2 May 2014 #33
calimary May 2014 #30
Stryst May 2014 #35
Agschmid May 2014 #24
William769 May 2014 #25
Jamastiene May 2014 #31
Hekate May 2014 #36

Response to kpete (Original post)

Sun May 25, 2014, 09:21 AM

1. Yaaay!

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Response to kpete (Original post)

Sun May 25, 2014, 09:22 AM

2. Excellent

 

Let all the dominos fall on the teabagging fundies.

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Response to kpete (Original post)

Sun May 25, 2014, 09:43 AM

3. Good. But as I am saying that I ask - what are they going to do next. The rw is so damn stubborn

that even if we vote them out of power in congress and the courts they will find some way of being a pain in the ass.

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Response to jwirr (Reply #3)

Sun May 25, 2014, 10:26 AM

4. I am worried about the Supreme Court

That is their last line of defense, and the RW 5 have shown absolutely no respect for precedent.

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Response to n2doc (Reply #4)

Sun May 25, 2014, 10:37 AM

5. Yes. We have almost lost the court. And they have a lifetime appointment. I am actually getting

scared of parts of the government that I relied on to protect us for most of my life. The Supreme Court, the military and police. And I am sure I am forgetting many.

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Response to jwirr (Reply #5)

Tue May 27, 2014, 05:05 AM

15. Which is why electing a dem in 2016 is absolutely critical. I think Scalia and/or Kennedy will

 

have to retire relatively soon, then we can flip the court.

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Response to MillennialDem (Reply #15)

Tue May 27, 2014, 05:31 AM

17. Both Scalia and Kennedy are still in their late 70s. OW Holmes served until he was 90

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Response to struggle4progress (Reply #17)

Tue May 27, 2014, 06:09 AM

18. Yes I know they are relatively young - but the probability that one of the two will

 

retire, become unable to work, or die in or before 2020 is quite high.

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Response to jwirr (Reply #3)

Sun May 25, 2014, 11:50 AM

7. No kidding. What happened to "majority rule"?

Why are we in the majority still being pushed around and bullied by a loud, raucous, anarchic minority? There are MORE of us than there are of them. Why are we always bending to THEIR will and accommodating THEIR demands and compromising with them? Shouldn't it be the other way around? Where THEY, the minority, have to defer to the MAJORITY OF US?????

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Response to calimary (Reply #7)

Sun May 25, 2014, 02:07 PM

8. Our Constitution puts limits on democracy for a reason

I've been using this definition of democracy for twelve years in these forums. It still works for me.

Democracy is a state where:
  • Citizenship is universal. All native-born children are citzens; all children born abroad of at least one citizen parent are citizens; all non-citizens who swear allegiance to the state in a process of naturalization are citizens.
  • Citizenship is equal. All citizens receive the right to vote upon reaching the age of majority. All citizens have the right to participate in and influence public affairs. Leaders or representaitves are chosen on a one man/one vote principle.
  • Citizenship is inalienable. A set of guaranteed civil liberties is in place to assure full and open discourse on civic affairs. No citizen shall be deprived of his citizenship by the state for expressing a minority point of view, no matter how unpopular or outrageous.

For many people, only the second bullet point is needed to define a democracy. That was good enough for the ancient Athenians. In Athens, citizenship was neither universal nor inalienable. About a third of the population were slaves and another half were women; both groups were excluded from citizenship. Also, Athenians had a nasty habit of ostracizing those they felt had gained too much power. Themistocles, the father of the Athenian navy that ruled the Eastern Mediterranean for decades, was a victim of ostracism. In another well-known instance, an Athenian jury voted to put the wisest of all Athenians to death.

Clearly there is a problem with unbridled majority rule. There must be some things that are simply beyond the power of a numerical majority to implement. For democracy to function properly, every citizen should have the right to voice his opinion and even be encouraged to express it. That's pretty hard to encourage when there are formal consequences for expressing that opinion. The only consequence to saying something like, "Homosexuals should be stoned to death," is that will have to listen to me retort, "You're nuts."

It wasn't that long ago that the majority could pass laws prohibiting gay marriage or even, for that matter, any gay behavior whatsoever. Was that the right thing to do? I don't think so any more than you do. I knew that it was only a matter of time before the majority flipped. I lived in San Francisco in early 1970s and witnessed what happens when an enclave of enlightened citizens wake up and realize that it's no skin off any straight person's back if gay people live openly and freely among us.

That's were it started. Forty years later, America has embraced gay marriage.

"Why are we always bending to their will and accommodating their demands and compromising with them?" you ask. I reply to you, at least as pertains to gay rights, Where is that happening now? We no longer have to bend our will their will. They can pass laws and defend those laws in court, but those laws are being struck down as fast as unreconstructed rednecks can pass them. They will discover, much to their dismay, that America is not a Christian state and never has been and that there is a wall of separation between church and state. They claim that their freedom is being infringed if they can't discriminate against gay people doing business with them. No, it's not. The courts will see it our way. Their business has nothing to do with their religion. As far as their religion is concerned, they can still go to church on Sunday and listen to a redneck minister proclaim that all gay people will go to Hell when the last trumpet sounds. I wouldn't dream of doing anything to stop them, although I disagree. I don't believe a just and merciful God would ever do anything like that.

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Response to Jack Rabbit (Reply #8)

Mon May 26, 2014, 07:04 PM

11. Your second bullet point is not true in the United States. They are small points but

naturalized citizens can't become President. So that means they are limited compared to US born and children of citizens. For example a person born in Kenya can't become President, or so I've heard.

Also the right to vote is often revoked for those that commit felony crimes even as they remain citizens.

Presidents are not chosen on a one man one vote system, we use an Electoral College where a person may receive less votes and still win the Presidency. Minor points but still they exist.

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Response to A Simple Game (Reply #11)

Mon May 26, 2014, 07:38 PM

12. I didn't mean to say those points don't exist

That's my definition of democracy, not my summation of the state of affairs in America.

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Response to calimary (Reply #7)

Tue May 27, 2014, 11:00 AM

19. Because they own the politicians, courts, and the media, that's why we continue to fight the

minority over and over. Until we wake up and really come together to fight the underlying root problem, we will continue to get screwed. We have people fighting gun issues, women's issues, gay rights issues, education issues... and they all are separate and none will ever totally succeed because we are divided and the corrupt politicians will still get their regular payments from the Plutocracy at their endless Fundraisers.
If we all join together and fight for Publicly Funded Elections and Complete Campaign Finance Reform we can force them to take the money out of politics. Then we should be able to have success with all of the other problems because we have Representatives beholden to "We the People" instead of corporate people. I mean ask yourself, why do we still have corporate personhood? Why hasn't Congress passed a law clarifying that corporations are not "people?" It's for the same reason Congress got rid of their own right to legally commit "Insider Trading" when there was a backlash and 6 months or so later quietly passed a law allowing them to do it again! They want to be bought off for the stock tips and campaign money and the rest of us serfs be damned! It is utterly ridiculous that we allow legalized bribery of our politicians and judiciary and then wonder why we cannot get sensible gun laws, green energy development, infrastructure, education, adequate safety net, fair and equal pay for women, minimum wage increases....
We must look at the BIG PICTURE and unite behind this one thing, getting the money out of our election system until it is achieved! Instead, if we do what we have always done, (fight the symptoms instead of the cause) we will get what we have always got!

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Response to Dustlawyer (Reply #19)

Tue May 27, 2014, 11:02 PM

21. DAYUM, Dustlawyer - did you see this post from Stryst?

"It's got to be part of the big game plan. Marriage equality, gender equality, racial equality, a woman's right to choose, an adult's right to put whatever substances into their body that they choose... We must be able to choose our own paths."

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=5005179

This is IT! We can't splinter up the pie and then go for all the slivers - when we need the whole pie!!! Seems to me that just absolutely nails it. Just boils it down all the way. And I just realized something rather ironic: it's OUR version of "Don't Tread On Me," isn't it!? "Don't Tread On ME, EITHER!!!" Now - to find a graphic... ? I'm trying to think... praying mantis or scorpion maybe? Maybe an avenging angel would be better? Sure wouldn't be one of the figureheads (Washington, Jefferson, etc) since those have been appropriated by too many of the bad guys and nut jobs. Maybe Ben Franklin? He was certainly enlightened, literate, and intellectual - and intellectually curious enough. What image would be best to depict or suggest liberals/progressives/people who believe government can/should be a force for good?

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Response to calimary (Reply #21)

Tue May 27, 2014, 11:27 PM

23. I would suggest the Scales of Justice. The entire Court system is also a part of government

and "Justice" is what we need, legal and social. Justice demands that all Americans are treated equally. Justice demands that the government keep its end of the social contract to care for its citizens, not starve the sick and elderly and cut meals on wheels, food stamps, Medicaid/Medicare...

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Response to Dustlawyer (Reply #23)

Wed May 28, 2014, 01:36 AM

32. Like this!

The Scales of Justice.

HAH!!! TRUE fairness and balance.

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Response to kpete (Original post)

Sun May 25, 2014, 11:48 AM

6. Shit - I wish we had this kind of momentum defending a woman's right to choose.

THAT is under constant assault! And it always feels like we're losing.

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Response to calimary (Reply #6)

Tue May 27, 2014, 03:58 AM

13. It's got to be part of the big game plan

Marriage equality, gender equality, racial equality, a woman's right to choose, an adult's right to put whatever substances into their body that they choose... We must be able to choose our own paths.

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Response to Stryst (Reply #13)

Tue May 27, 2014, 10:58 PM

20. Welcome to DU, Stryst!

DAYUM! Impressive! VERY glad you're here! Your point is EXCELLENT and the way you laid it out and worded it - EVEN BETTER!!!! Crap. It's left me speechless!!!!

You're absolutely spot-on! "It's got to be part of the big game plan. Marriage equality, gender equality, racial equality, a woman's right to choose, an adult's right to put whatever substances into their body that they choose... We must be able to choose our own paths."

That just nails it. Just boils it down all the way. And I just realized something rather ironic: it's OUR version of "Don't Tread On Me," isn't it! "Don't Tread On ME, EITHER!!!" Now - to find a graphic... ? I'm trying to think... praying mantis or scorpion maybe? What image would be best to depict or suggest liberals/progressives/people who believe government can/should be a force for good?

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Response to calimary (Reply #20)

Tue May 27, 2014, 11:14 PM

22. Thanks for the welcome!

I've been a non posting member for a couple of years now, but now that my treatment regiment is including Lyrica and Cannabis, I can actually type again ^_^

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Response to Stryst (Reply #22)

Tue May 27, 2014, 11:56 PM

27. Well, your thinking certainly has clarity, even if your fingers can't see what they're doing!

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Response to calimary (Reply #27)

Wed May 28, 2014, 02:17 AM

34. Blush

The benefit of a liberal arts education... no real skills, but I can write essays till the cows come home.

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Response to kpete (Original post)

Sun May 25, 2014, 02:20 PM

9. outstanding!

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Response to m-lekktor (Reply #9)

Tue May 27, 2014, 11:59 PM

28. Welcome to DU, m-lekktor!

Good to have you with us! Some really landmark-terrific posts in this particular thread! kpete can always be counted on to contribute good OPs, many of which engender truly great comments. The brain power here just always leaves me staggering!

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Response to kpete (Original post)

Mon May 26, 2014, 03:13 PM

10. Can't wait to see how the SCOTUS will eventually rule on this, and the Hobby Lobby religious

 

discrimination case.

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Response to kpete (Original post)

Tue May 27, 2014, 04:00 AM

14. I just hope

That Florida's ban gets struck down quickly. My partner and I would like my grandparents to be the witnesses at our wedding, and I worry that they don't have long.

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Response to Stryst (Reply #14)

Tue May 27, 2014, 05:11 AM

16. While I think my wife's mother would love to have us have a formal wedding I don't really want to

 

Needless to say I can't wait until we are legally able to marry. We are in WI and could go to MN to get it done, but all that hassle combined with the fact that she is finishing up school and I'm out would put a damper on her financial aid big time.

That said I hope your grandparents do get to see you two wed! Good luck!

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Response to Stryst (Reply #14)

Tue May 27, 2014, 11:41 PM

26. Welcome to DU

And I too hope that Florida has marriage equality soon. Gov. Scott has made FL worse than ever.

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Response to minivan2 (Reply #26)

Wed May 28, 2014, 12:07 AM

29. And welcome to DU to you, too, minivan2!

Great to have you join us! Let's hope it spreads from sea to shining sea and beyond! And don't worry about rick scott. Sounds to me as though he's not long for his job. And for ALL our sakes, including all Floridians, I hope you don't have to suffer this fool for too much longer. Sheesh - WHAT IS IT about these voters, that they think guys like him are the ones to support????? What on EARTH do they think they're gonna get out of it? Anything? Are they just this astoundingly high level of gullible? Has the brainwashing been complete? Has the critical thinking been completely and permanently anesthetized? I don't get it. WHAT ON EARTH is appealing about this man? And I'm not talking about his appearance, either. WHAT is there to like? When I hear him talk, or defend his point, or make speeches, or whatever, over and over again I think - "ICK! How could anybody vote for this guy?"

But they do. Hopefully enough of them will see the light in November that Florida will finally be rescued. That poor state desperately needs to be placed back in Democratic hands.

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Response to calimary (Reply #29)

Wed May 28, 2014, 01:44 AM

33. I'm not from Florida

So unfortunately I have no vote in the election. But I'm very hopeful that Floridians will make the right decision.

I see that you're from California, me too! Northern or Southern, I'm southern.

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Response to Stryst (Reply #14)

Wed May 28, 2014, 12:09 AM

30. We're all working toward this! Let's hope the Florida ban gets K-O'd.

Followed shortly by an insanely happy wedding celebration for the extended Stryst household!

And just think. You're not merely getting married (although that's quite simply the most wonderful thing). You're also making history.

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Response to calimary (Reply #30)

Wed May 28, 2014, 02:22 AM

35. Florida will also have a mmj initiative on the ballot

(mmj= Medical Marijuana)

So hopefully that will draw out young, leftist voters who will probably support us. I've personally never known anyone who regularly smoked that was homo/transphobic.

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Response to kpete (Original post)

Tue May 27, 2014, 11:31 PM

24. Kick!

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Response to kpete (Original post)

Tue May 27, 2014, 11:33 PM

25. kick & recommended.

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Response to kpete (Original post)

Wed May 28, 2014, 01:24 AM

31. Even NC's Amendment One?

I hope it is being challenged too. I hope they all get challenged and same-sex marriage is made legal nationwide.

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Response to kpete (Original post)

Wed May 28, 2014, 04:06 AM

36. KnR

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