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Defying the Supreme Court

14 pointsby actfrenchalmost 3 years ago

4 comments

OrangeMonkeyalmost 3 years ago
The supreme court previously enforced its will on a topic.<p>The supreme court has recently reversed and stated &quot;we were wrong, we didn&#x27;t have the right to enforce our (the courts) will on X topic, it belongs to the people.&quot;<p>How in the world is it &#x27;defying the court&#x27; when the court took away its own power and suggested that legislatures legislate - which they are doing.<p>The hyperbole is off the charts.
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kyrraalmost 3 years ago
I think this is an opinion piece? Also, it is really bad outside of the reasons peer comments have said.<p>He says that the us house has already passed a same sex marriage act, but I don&#x27;t think he understands what the bill does. Read it here:<p><a href="https:&#x2F;&#x2F;www.congress.gov&#x2F;bill&#x2F;117th-congress&#x2F;house-bill&#x2F;8404&#x2F;text" rel="nofollow">https:&#x2F;&#x2F;www.congress.gov&#x2F;bill&#x2F;117th-congress&#x2F;house-bill&#x2F;8404...</a><p>My take is that it cancels DOMA (defense of marriage act, passed in the 1990s), and adds some language that the Fed recognizes gay marriages and that one state must recognize another states gay marriage license.<p>It does not enshrine or force states to require gay marriage. So if Obergefell (the SCOTUS case that enabled gay marriage) was overturned, states could go back to blocking it, much like they are doing for Roe&#x2F;abortion. The only way for Congress to enshrine gay marriage may be via a constitutional amendment (but I&#x27;m not sure how states rights work here).<p>So in the end, the court is trying to get out of the business of being a super legislature.
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danielrpaalmost 3 years ago
They are literally following the will of the court, which gave them the ability to decide by themselves.
actfrenchalmost 3 years ago
I’d like to understand why this post was flagged ? If it’s not appropriate content for Hacker News , I’m happy to remove it.