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HoneyBadger
YourWorstNightmare.
Member since 10/06 15979 total posts
Name:
BahBahBlackJeep
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Connecticut Ruling Overturns Ban on Same-Sex Marriage
From the NY Times:
HARTFORD, Conn. (AP) -- Connecticut's Supreme Court ruled Friday that same-sex couples have the right to marry, making the state the third behind Massachusetts and California to legalize such unions.
The divided court ruled 4-3 that gay and lesbian couples cannot be denied the freedom to marry under the state constitution, and Connecticut's civil unions law does not provide those couples with the same rights as heterosexual couples.
"I can't believe it. We're thrilled, we're absolutely overjoyed. We're finally going to be able, after 33 years, to get married," said Janet Peck of Colchester, who was a plaintiff with her partner, Carole Conklin.
Connecticut will join Massachusetts and California as the only state to allow same-sex couples to marry.
"Interpreting our state constitutional provisions in accordance with firmly established equal protection principles leads inevitably to the conclusion that gay persons are entitled to marry the otherwise qualified same sex partner of their choice," Justice Richard N. Palmer wrote in the majority opinion that overturned a lower court finding.
"To decide otherwise would require us to apply one set of constitutional principles to gay persons and another to all others," Palmer wrote.
Gov. M. Jodi Rell said Friday that she disagreed, but will not fight the ruling.
"The Supreme Court has spoken," Rell said in a statement. "I do not believe their voice reflects the majority of the people of Connecticut. However, I am also firmly convinced that attempts to reverse this decision -- either legislatively or by amending the state Constitution -- will not meet with success."
The lawsuit was brought in 2004 after eight same-sex couples were denied marriage licenses and sued, saying their constitutional rights to equal protection and due process were violated.
They said the state's marriage law, if applied only to heterosexual couples, denied them of the financial, social and emotional benefits of marriage.
Peck said that as soon as the decision was announced, the couple started crying and hugging while juggling excited phone calls from her brother and other friends and family.
"We've always dreamed of being married," she said. "Even though we were lesbians and didn't know if that would ever come true, we always dreamed of it."
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Posted 10/10/08 12:26 PM  |
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bluegreen08
LIF Adolescent
Member since 10/07 574 total posts
Name:
a
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
 
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| Posted 10/10/08 12:36 PM |
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metagefken
LIF Adolescent
Member since 5/08 679 total posts
Name:
J
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
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| Posted 10/10/08 12:40 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
3 Down.
47 States and 1 Fed to go!
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| Posted 10/10/08 12:41 PM |
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Phyl
R.I.P. Sweet Mia ♥
Member since 5/06 28918 total posts
Name:
The Mystical Azzhorse! ™
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
Posted by Kara
3 Down.
47 States and 1 Fed to go!
It's a proposition on the ballot to overturn the ruling for same sex marriages in Cali!
Message edited 10/10/2008 12:47:27 PM.
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| Posted 10/10/08 12:46 PM |
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blu6385
Member since 5/08 8351 total posts
Name:
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
happy that another state has pass ... but can someone tell me how this doesnt violate some consitution to not allow same sex couple to marry .. why is it essentially banned anyway ... becasue some religons believe its a sin ... then wouldnt it just vilolate the right to freedom relgion and speech ... are we suppose to seprate state and church ... it truly dont get how it really isnt possible for same sex couples to get married!
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| Posted 10/10/08 12:51 PM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
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| Posted 10/10/08 12:58 PM |
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BunnyWife
Insert Witty Comment Here
Member since 5/07 8274 total posts
Name:
BunnyWife
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
  
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| Posted 10/10/08 12:58 PM |
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MrsPJB2007
MBA at your service!
Member since 7/06 12020 total posts
Name:
MJ
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
i hope it isn't overturned again---they deserve the right as much as anyone else.
= all the same rights to me!
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| Posted 10/10/08 1:00 PM |
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BunnyWife
Insert Witty Comment Here
Member since 5/07 8274 total posts
Name:
BunnyWife
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
Posted by blu6385
happy that another state has pass ... but can someone tell me how this doesnt violate some consitution to not allow same sex couple to marry .. why is it essentially banned anyway ... becasue some religons believe its a sin ... then wouldnt it just vilolate the right to freedom relgion and speech ... are we suppose to seprate state and church ... it truly dont get how it really isnt possible for same sex couples to get married!
It probably does (Can you confirm Kara?). The idea of church and state separation seems to have completely disappeared in the past 40 years. The forefathers are turning over in their graves.
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| Posted 10/10/08 1:01 PM |
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JenMarie
One day at a time
Member since 11/07 7397 total posts
Name:
Jennifer
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
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| Posted 10/10/08 1:21 PM |
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GoldenRod
10 years on LIF!
Member since 11/06 26792 total posts
Name:
Shawn
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
It's about time that we're *starting* to treat all people as humans (minorities, women, same-sex couples)..... it's taken us way too long, and we're still a ways away before we treat all humans as humans..... 
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| Posted 10/10/08 1:33 PM |
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Lucky09
2017!
Member since 1/06 7537 total posts
Name:
DW
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
Posted by BunnyWife
It probably does (Can you confirm Kara?). The idea of church and state separation seems to have completely disappeared in the past 40 years. The forefathers are turning over in their graves.
I totally agree.
DH and I just saw Bill Maher's Religulous last night and there was a whole clip dedicated to how our founding fathers all wanted separation of church and state. It was eye-opening to say the least.
ETA: Here are some of the lines:
Maher quotes Benjamin Franklin's line "Lighthouses are more useful than churches," and really nasty stuff from Thomas Jefferson and John Adams.
Thomas Jefferson thoughts on the subject: "Christianity is the most perverted system that ever shone on man."
Message edited 10/10/2008 1:51:08 PM.
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| Posted 10/10/08 1:45 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
Posted by Phyl
Posted by Kara
3 Down.
47 States and 1 Fed to go!
It's a proposition on the ballot to overturn the ruling for same sex marriages in Cali!
Ugh I have heard about this. I was just discussing with a coworker. I've heard that there are really disturbing commercials being aired on the subject on California. 
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| Posted 10/10/08 2:08 PM |
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bluegreen08
LIF Adolescent
Member since 10/07 574 total posts
Name:
a
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
Posted by Kara
Posted by Phyl
Posted by Kara
3 Down.
47 States and 1 Fed to go!
It's a proposition on the ballot to overturn the ruling for same sex marriages in Cali!
Ugh I have heard about this. I was just discussing with a coworker. I've heard that there are really disturbing commercials being aired on the subject on California.
I go to law school in a swing state and my classmates from CA are all voting in their home state rather than here so they can vote against prop 8 in CA
(I, on the other hand, registered to vote here where my vote will "count more" than it would if I voted in NY)
Message edited 10/10/2008 2:11:06 PM.
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| Posted 10/10/08 2:10 PM |
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Phyl
R.I.P. Sweet Mia ♥
Member since 5/06 28918 total posts
Name:
The Mystical Azzhorse! ™
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
Posted by Kara
Posted by Phyl
Posted by Kara
3 Down.
47 States and 1 Fed to go!
It's a proposition on the ballot to overturn the ruling for same sex marriages in Cali!
Ugh I have heard about this. I was just discussing with a coworker. I've heard that there are really disturbing commercials being aired on the subject on California.
There is! I can't wait for Nov.5th!!
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| Posted 10/10/08 2:11 PM |
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itkocak
Member since 7/07 7639 total posts
Name:
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
Message edited 11/21/2011 10:11:53 PM.
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| Posted 10/10/08 2:13 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
Posted by BunnyWife
Posted by blu6385
happy that another state has pass ... but can someone tell me how this doesnt violate some consitution to not allow same sex couple to marry .. why is it essentially banned anyway ... becasue some religons believe its a sin ... then wouldnt it just vilolate the right to freedom relgion and speech ... are we suppose to seprate state and church ... it truly dont get how it really isnt possible for same sex couples to get married!
It probably does (Can you confirm Kara?). The idea of church and state separation seems to have completely disappeared in the past 40 years. The forefathers are turning over in their graves.
Whether it violates the constitution is the big debate in the federal government... 
I don't have time for a long response right now (busy with work stuff) - but I will say that I am of the opinion that the constitution does NOT afford the federal government the right to define marriages and I think it does impose upon the federal government an obligation to recognize marriages deemed legal by the states. I also think the federal Defense of Marriage Act is unconstitutional on several grounds. (Don't get me started or I'll talk forever on that one...)
As far as whether the federal government has the power to forid states from denying marriages to same sex couples... This one I have to do more research / thought on. I certainly WANT same sex couples to be able to marry in any state they choose. The constitutional scholar in me just is interested in whether or not that can be done without a constitutional amendment. I think it can, but I need to put more thought and research into it before really stating any opinion.
At the very, very least, this should be a state issue and the federal government should have to recognize a marriage deemed legal by the states. JMHO.
There are so many issues that tie into this, not the least of which is recognition of sexual orientation as a protected class. (It's not a protected class in every jurisdiction. If it were, the legal arguments would be so much greater and easier to make.)
BTW - these are just my scholarly thoughts on the subject. Certainly on a personal level, I think every couple (hetero- or homosexual) should have the right to marry. I'm still baffled as to why people oppose that.
IMO, though, the major constitutional issues involved are not separation of church and state. (I get that most people who oppose gay marriage do so for religious or "moral" reasons -- but that alone doesn't make this a constitutional separation of church and state issue.)
Message edited 10/10/2008 2:20:59 PM.
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| Posted 10/10/08 2:17 PM |
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OStewarts
LIF Adult
Member since 11/07 1096 total posts
Name:
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
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| Posted 10/10/08 2:20 PM |
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blu6385
Member since 5/08 8351 total posts
Name:
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
Posted by Kara
Posted by BunnyWife
Posted by blu6385
happy that another state has pass ... but can someone tell me how this doesnt violate some consitution to not allow same sex couple to marry .. why is it essentially banned anyway ... becasue some religons believe its a sin ... then wouldnt it just vilolate the right to freedom relgion and speech ... are we suppose to seprate state and church ... it truly dont get how it really isnt possible for same sex couples to get married!
It probably does (Can you confirm Kara?). The idea of church and state separation seems to have completely disappeared in the past 40 years. The forefathers are turning over in their graves.
Whether it violates the constitution is the big debate in the federal government...
I don't have time for a long response right now (busy with work stuff) - but I will say that I am of the opinion that the constitution does NOT afford the federal government the right to define marriages and I think it does impose upon the federal government an obligation to recognize marriages deemed legal by the states. I also think the federal Defense of Marriage Act is unconstitutional on several grounds. (Don't get me started or I'll talk forever on that one...)
As far as whether the federal government has the power to forid states from denying marriages to same sex couples... This one I have to do more research / thought on. I certainly WANT same sex couples to be able to marry in any state they choose. The constitutional scholar in me just is interested in whether or not that can be done without a constitutional amendment. I think it can, but I need to put more thought and research into it before really stating any opinion.
At the very, very least, this should be a state issue and the federal government should have to recognize a marriage deemed legal by the states. JMHO.
There are so many issues that tie into this, not the least of which is recognition of sexual orientation as a protected class. (It's not a protected class in every jurisdiction. If it were, the legal arguments would be so much greater and easier to make.)
BTW - these are just my scholarly thoughts on the subject. Certainly on a personal level, I think every couple (hetero- or homosexual) should have the right to marry. I'm still baffled as to why people oppose that.
IMO, though, the major constitutional issues involved are not separation of church and state. (I get that most people who oppose gay marriage do so for religious or "moral" reasons -- but that alone doesn't make this a constitutional separation of church and state issue.)
thank you for the response  it help me understand it a little better
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| Posted 10/10/08 2:34 PM |
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lucyloo
nope
Member since 1/06 9758 total posts
Name:
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
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| Posted 10/10/08 4:25 PM |
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BunnyWife
Insert Witty Comment Here
Member since 5/07 8274 total posts
Name:
BunnyWife
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
Thank you Kara!
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| Posted 10/10/08 4:47 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
I haven't read the decision yet, but I was pretty surprised considering we have fairly conservative justices on our Supreme Court. Whether it's successful or not, I think the legislature will try to do something about this.
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| Posted 10/10/08 4:47 PM |
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BunnyWife
Insert Witty Comment Here
Member since 5/07 8274 total posts
Name:
BunnyWife
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Re: Connecticut Ruling Overturns Ban on Same-Sex Marriage
Posted by Phyl
Posted by Kara
Posted by Phyl
Posted by Kara
3 Down.
47 States and 1 Fed to go!
It's a proposition on the ballot to overturn the ruling for same sex marriages in Cali!
Ugh I have heard about this. I was just discussing with a coworker. I've heard that there are really disturbing commercials being aired on the subject on California.
There is! I can't wait for Nov.5th!!
Do you think it will pass?
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| Posted 10/10/08 4:48 PM |
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