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Author Topic:   First side effect of the gay marriage ruling
marc9000
Member
Posts: 1522
From: Ky U.S.
Joined: 12-25-2009
Member Rating: 1.3


Message 1 of 98 (761147)
06-28-2015 7:39 PM


The Supreme Court used section one of the fourteenth amendment to justify their ruling for gay marriage, it reads like this;
quote:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Now that gay marriage is legal in all 50 states, doesn't this ruling now mean that ALL states must recognize concealed carry permission, no matter what state issued the permit?
http://bearingarms.com/...onwide-concealed-carry-reciprocity
What do gun controllers think about this? Is it wrong? Should something be done about it? Was the gay marriage thing not such a good idea after all?

Replies to this message:
 Message 2 by jar, posted 06-28-2015 7:44 PM marc9000 has replied
 Message 5 by Theodoric, posted 06-28-2015 8:25 PM marc9000 has not replied
 Message 8 by Dr Adequate, posted 06-29-2015 1:47 AM marc9000 has not replied
 Message 9 by ringo, posted 06-29-2015 12:04 PM marc9000 has not replied
 Message 65 by Taq, posted 07-01-2015 1:20 PM marc9000 has not replied

  
jar
Member (Idle past 416 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 2 of 98 (761149)
06-28-2015 7:44 PM
Reply to: Message 1 by marc9000
06-28-2015 7:39 PM


As a gun owner I don't see anyway the ruling could be construed to mean that. In fact gun ownership and possession really need to be controlled. There is nothing in the recent ruling that says staes cannot still regulate marriage, only that any regulation must apply equally to all citizens.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 1 by marc9000, posted 06-28-2015 7:39 PM marc9000 has replied

Replies to this message:
 Message 3 by marc9000, posted 06-28-2015 7:58 PM jar has replied
 Message 12 by New Cat's Eye, posted 06-29-2015 1:27 PM jar has replied

  
marc9000
Member
Posts: 1522
From: Ky U.S.
Joined: 12-25-2009
Member Rating: 1.3


Message 3 of 98 (761150)
06-28-2015 7:58 PM
Reply to: Message 2 by jar
06-28-2015 7:44 PM


There is nothing in the recent ruling that says staes cannot still regulate marriage, only that any regulation must apply equally to all citizens.
Regulate how? It's either legal or its not.

This message is a reply to:
 Message 2 by jar, posted 06-28-2015 7:44 PM jar has replied

Replies to this message:
 Message 4 by jar, posted 06-28-2015 8:21 PM marc9000 has not replied
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jar
Member (Idle past 416 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


(6)
Message 4 of 98 (761151)
06-28-2015 8:21 PM
Reply to: Message 3 by marc9000
06-28-2015 7:58 PM


marc9k writes:
Regulate how? It's either legal or its not.
Nonsense.
States can require medical checks, waiting periods, licensing fees, in fact any rules they feel are in the public interest; but must apply the laws equally regardless of race, creed, beliefs, gender, economic status, education or other factors.
Gun ownership or possession can and should also be regulated similarly.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 3 by marc9000, posted 06-28-2015 7:58 PM marc9000 has not replied

  
Theodoric
Member
Posts: 9144
From: Northwest, WI, USA
Joined: 08-15-2005
Member Rating: 3.3


(1)
Message 5 of 98 (761152)
06-28-2015 8:25 PM
Reply to: Message 1 by marc9000
06-28-2015 7:39 PM


Now that gay marriage is legal in all 50 states, doesn't this ruling now mean that ALL states must recognize concealed carry permission, no matter what state issued the permit?
No. Because the ruling was about marriage, not guns. Your OP is stunning in its ridiculousness. There was nothing in the court case and nothing in the ruling about the second amendment. Most people were able to figure that out, cuz, it was about marriage.

Facts don't lie or have an agenda. Facts are just facts
"God did it" is not an argument. It is an excuse for intellectual laziness.

This message is a reply to:
 Message 1 by marc9000, posted 06-28-2015 7:39 PM marc9000 has not replied

  
Theodoric
Member
Posts: 9144
From: Northwest, WI, USA
Joined: 08-15-2005
Member Rating: 3.3


(3)
Message 6 of 98 (761154)
06-28-2015 8:27 PM
Reply to: Message 3 by marc9000
06-28-2015 7:58 PM


Like the fact you need a license to get married.
Maybe you should stop while you are behind.

Facts don't lie or have an agenda. Facts are just facts
"God did it" is not an argument. It is an excuse for intellectual laziness.

This message is a reply to:
 Message 3 by marc9000, posted 06-28-2015 7:58 PM marc9000 has not replied

  
nwr
Member
Posts: 6409
From: Geneva, Illinois
Joined: 08-08-2005
Member Rating: 5.3


(8)
Message 7 of 98 (761159)
06-28-2015 9:38 PM


The real first side effect
The real first side effect is that some conservative Christians have panicked, and are making all sorts of absurd arguments.
The OP of this thread is an example.
Everyone else is greatly entertained.

Fundamentalism - the anti-American, anti-Christian branch of American Christianity

  
Dr Adequate
Member (Idle past 306 days)
Posts: 16113
Joined: 07-20-2006


(2)
Message 8 of 98 (761162)
06-29-2015 1:47 AM
Reply to: Message 1 by marc9000
06-28-2015 7:39 PM


The Supreme Court used section one of the fourteenth amendment to justify their ruling for gay marriage, it reads like this;
quote:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Now that gay marriage is legal in all 50 states, doesn't this ruling now mean that ALL states must recognize concealed carry permission, no matter what state issued the permit?
This is a very odd question. The Supreme Court didn't make the Fourteenth Amendment, on the spur of the moment, on Friday, ad hoc, in order to justify gay marriage. It's been in the Constitution since 1868. And its relevance to gun law is, obviously, exactly the same as it was on Thursday. It doesn't become more or less relevant to guns just because someone happened to mention it recently in another case you happened to take an interest in.
Edited by Dr Adequate, : No reason given.

This message is a reply to:
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Replies to this message:
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ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


(2)
Message 9 of 98 (761181)
06-29-2015 12:04 PM
Reply to: Message 1 by marc9000
06-28-2015 7:39 PM


marc9000 writes:
Was the gay marriage thing not such a good idea after all?
Following the spirit of the Constitution is usually a good idea. Maybe some day the Supreme Court will even make a sane interpretation of the Second Amendment.

This message is a reply to:
 Message 1 by marc9000, posted 06-28-2015 7:39 PM marc9000 has not replied

  
NoNukes
Inactive Member


Message 10 of 98 (761185)
06-29-2015 12:46 PM
Reply to: Message 8 by Dr Adequate
06-29-2015 1:47 AM


This is a very odd question.
But Marc9000 found this question and logic on a web site! The logic must be inescapably correct, right?
The Supreme Court has just held that the fourteeth amendment requires every state to adopt the rule that the most permissive state adopts.
Typical nine grand BS.
Edited by NoNukes, : No reason given.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

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 Message 8 by Dr Adequate, posted 06-29-2015 1:47 AM Dr Adequate has not replied

  
caffeine
Member (Idle past 1046 days)
Posts: 1800
From: Prague, Czech Republic
Joined: 10-22-2008


Message 11 of 98 (761188)
06-29-2015 1:14 PM


An actual side effect
The Supreme Court ruling seems to have emboldened campaigners for gay marriage here in Europe. The European Commission vice-President, Franz Timmermans, gave a speech the other day in which he said the Commission should try to get all EU member states to accept same-sex marriage.
Now, the commission doesn't actually have the power to do this, since marriage law is explicitly preserved for national governments rather than the EU, but his creative approach is to push it as a matter of freedom of movement. If a gay couple get married in France, and then move to Italy, their marriage would not be recognised. If they have a child, then only one of them would be recognised as a guardian under Italian law. Timmermans argues that this would effectively limit their freedom of movement, which is a legally guaranteed right.
Now I'm not sure this would stand up in court, but based on the timing, I can't help but feel he's been inspired by the American example.

  
New Cat's Eye
Inactive Member


Message 12 of 98 (761192)
06-29-2015 1:27 PM
Reply to: Message 2 by jar
06-28-2015 7:44 PM


As a gun owner I don't see anyway the ruling could be construed to mean that.
As I understand it, the argument goes that if State Y has to recognize State X's marriage license, because of section 1 of the 14th amendment, then that same precedent also applies to State X's conceal carry licenses and State Y has to recognize it as well.
So for example, my state - Illinois, only recognizes CCL's that they issue themselves and they don't recognize them from other states.
If the 14th means that the state of Illinois must recognize other state's marriage licenses, then the same argument could apply to other state's Conceal Carry Licenses and then Illinois would have to recognize those too.

This message is a reply to:
 Message 2 by jar, posted 06-28-2015 7:44 PM jar has replied

Replies to this message:
 Message 13 by jar, posted 06-29-2015 2:24 PM New Cat's Eye has replied
 Message 15 by NoNukes, posted 06-29-2015 4:02 PM New Cat's Eye has replied
 Message 22 by Dr Adequate, posted 06-29-2015 5:32 PM New Cat's Eye has replied

  
jar
Member (Idle past 416 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 13 of 98 (761201)
06-29-2015 2:24 PM
Reply to: Message 12 by New Cat's Eye
06-29-2015 1:27 PM


That may be the argument they try to use but it is not what the ruling says. The ruling is based on the 14th. Amendment which deals with citizenship rights and equal protection under the law.
Now if one State licensed only whites to carry guns then this ruling and the 14th. Amendment might have an effect but I know of no State that only licenses whites or males to carry guns.
As long as a State issues licenses to drive or get married or own a gun or carry a gun and treats men and women, white and black, Latino and Asian or straight and gay the same then this ruling would have no effect.
Personally I would prefer a National Right to carry firearms but make concealed carry illegal.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 12 by New Cat's Eye, posted 06-29-2015 1:27 PM New Cat's Eye has replied

Replies to this message:
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New Cat's Eye
Inactive Member


Message 14 of 98 (761208)
06-29-2015 3:53 PM
Reply to: Message 13 by jar
06-29-2015 2:24 PM


That may be the argument they try to use but it is not what the ruling says.
Well sure, not this ruling, but the precedent, as I said.
A big portion of this ruling was just determining that marriage was a fundamental right. Then they got into how being a fundamental right meant these things.
One of those things was that the justifications for refusing to recognize marriages from other states was undermined by the states being required by the Constitution to issue those licenses in their state.
Now, we already know that having guns is a fundamental right.
And the SCOTUS ruled that it was unconstitutional for my state to refuse to issue people CCLs.
Therefore, if they have to issue this license in this state then that should also undermine their justifications for refusing to recognize licenses from other states.
That's one of the precedents that seems to have been set by this ruling. But I could be wrong.

This message is a reply to:
 Message 13 by jar, posted 06-29-2015 2:24 PM jar has not replied

Replies to this message:
 Message 17 by PaulK, posted 06-29-2015 4:05 PM New Cat's Eye has replied
 Message 18 by caffeine, posted 06-29-2015 4:19 PM New Cat's Eye has replied

  
NoNukes
Inactive Member


(1)
Message 15 of 98 (761210)
06-29-2015 4:02 PM
Reply to: Message 12 by New Cat's Eye
06-29-2015 1:27 PM


As I understand it, the argument goes that if State Y has to recognize State X's marriage license, because of section 1 of the 14th amendment, then that same precedent also applies to State X's conceal carry licenses and State Y has to recognize it as well.
You understand the ruling exactly as poorly as does Marc9000.
States were already routinely accepting each others marriage licenses. They were discriminating by rejecting the gay marriage certificates for no good reason that could be justified under the constitution.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

This message is a reply to:
 Message 12 by New Cat's Eye, posted 06-29-2015 1:27 PM New Cat's Eye has replied

Replies to this message:
 Message 16 by New Cat's Eye, posted 06-29-2015 4:05 PM NoNukes has not replied

  
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