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| quote: | Originally posted by zenperson
I think that it's quite obvious that what's happening in San Francisco is nothing less than a violation of law. I think it's pertinent to admit that philosophically speaking, a law is a definition of what is right vs. what is wrong, therefore, no law can be held any higher than other, for a the definition of a law remains the same regardless of the context, otherwise, it's simply not a law. |
Article six of the consititution clearly states that when in conflict between Federal law and State law, Federal law is supreme. So Federal law is higher than State law. When the US Government was a Confederation, States had more power than Central Government, but once it was changed in 1787, power was more equally divided the the three branches of government and States, though it was not until Article six that the division was (almost) totally equal.
| quote: | | However, it seems viable to raise the question of how a society contests a law in a court system that is by definition, bias. Social change is brought about the movement of ideas through a mass of people. While gays in San Fran. ARE violating the rule of law, they are nonetheless doing so in a way that is peaceful. |
Technically, they are not. The Governor has every right to overrule State law when in belief that it is unconstitutional. Since he claimed that it is in fact, unconstitutional, they aren't really doing anything against the law.
| quote: | | We can atleast appreciate the fact that gays are not killing politicans or judges or taking courts and civil offices hostage to gain momentum in their cause. They all understand that their marriage licenses are not valid, yet they pursue them anyway. |
They are pursuing them because of the difference in the amount of rights an individual recieves when having a Civil Union rather than an actual marraige.
| quote: | | This is a symbolic gesture meant to challenge both the moral and legal basis for the law. Part of what defines a criminal act is criminal intent. Their "intent" here is not to take what is not theres, or kill what is living, or rape what is virgin, but to expose a law having no legal validity in light of the constituion, the document which gives guidance on what can and can't be law. True, the constituion is open to interpretaion, but in it's fundamental, semantic sense, it says that people have a right to be free and that no law shall interfere with this. Now, one can spend a lifetime arguing morals, but words were chosen, words were written, and words are what one has to go by. |
This is exactly why the discussion of whether banning Gay marraiges are unconstitutional.
| quote: | | Therefore, yes, they are breaking the law. |
Read above, they are not since the Governor has declared it unconstitutional.
| quote: | | But, does the law have any legal validity based on the system that governs how laws are made? That's why Bush is trying to amend the constituion, because he knows that laws prohibiting gay marriage have no basis for legal validity in the united states. |
Another reason why not to vote for Bush.
| quote: | The philosophers of ancient greece would love this one! |
Or they could be disgusted.
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aka Tits McGee
aka Chesty LaRue
aka Busty St. Claire
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