The Liberal Supreme Court

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Replies

  • JulietJuliet Posts: 0
    He was on my team Saturday. Painful.
  • fishingcomicfishingcomic Senior Member Posts: 22,286 Senior Member
    What is so awful about polygamy? Why is it conservatives, who say they believe in smaller government, want the government to dictate the most intimate details of our personal lives?
    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan
  • JulietJuliet Posts: 0
    What is so awful about polygamy? Why is it conservatives, who say they believe in smaller government, want the government to dictate the most intimate details of our personal lives?

    well, the historical case for polygamy is certainly stronger, since unlike gay marriage it actually existed in the past. But against that, the state has a strong interest in limiting the number of wives a man may have, because polygamy reduces the number of marriageable females, and that's a recipe for societal instability. It also increases economic inequality, which should be of great interest to the left. Its unknown whether that interest is sufficiently compelling to overcome Kennedy's "liberty and dignity" jurisprudential approach. I would say that that Supreme Court has backed itself into a corner. Not that it matters. Precedence has little effect on Kennedy and the other justices. But his analysis will be problematic at the lower court level.

    Obviously this isn't guaranteed to happen. But its a very real possibility.
  • fishingcomicfishingcomic Senior Member Posts: 22,286 Senior Member
    https://en.wikipedia.org/wiki/History_of_same-sex_unions#Old_World

    You're assuming that there would be no marriages where the husbands would outnumber the wives and that polygamy would be a popular option.
    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan
  • JulietJuliet Posts: 0
    And you're making a policy argument about the wisdom of plural marriage. But a reviewing court would not consider whether a state's decision to ban polygamy was wise; rather they would seek to determine if the state had a legitimate interest in doing so, and whether that interest would outweigh the liberty interest of the putative married partners. Given the decision last week, I'm not confident in what the Court's answer would be.

    As The Hoover institute link pointed out, the Supreme Court would have to overrule a prior US Supreme Court case, Reynolds v. United States, but that case was decided on free exercise grounds and not on the due process liberty interest of the aggrieved parties. So if the court wanted to give its blessing to Plural marriage, it could.
  • JulietJuliet Posts: 0
    More than one wife...Could you imagine?

    Who needs that tsurris?
  • JulietJuliet Posts: 0
    Steven wrote: »
    More than one wife...Could you imagine?

    Who needs that tsurris?

    Oh hell no. One is MORE than enough.
  • saltydancindavesaltydancindave Senior Member Posts: 2,470 Senior Member
    Steven wrote: »
    More than one wife...Could you imagine?

    Who needs that tsurris?

    Shouldn't take too long for the court that has superceded one nation under God in playing "man is God" with their own continuing polygamy acts for gays to have more than one wife as the law of the land for due process; since they no longer have fear of lightning bolts living in the rainbow.
  • fishingcomicfishingcomic Senior Member Posts: 22,286 Senior Member
    sherb wrote: »
    And you're making a policy argument about the wisdom of plural marriage. But a reviewing court would not consider whether a state's decision to ban polygamy was wise; rather they would seek to determine if the state had a legitimate interest in doing so, and whether that interest would outweigh the liberty interest of the putative married partners. Given the decision last week, I'm not confident in what the Court's answer would be.

    Actually I am arguing that the state's interest is not as compelling as you seem to believe. So I am wondering, what would be so awful?
    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan
  • jbillyjbilly Senior Member Posts: 4,869 Senior Member
    Steven wrote: »
    More than one wife...Could you imagine?

    Holy crap talk about cruel and unusual punishment....

    Hell yeah I'd cite that in the opinion...$hit is definitely banned by Constitution already.
  • JulietJuliet Posts: 0
    Actually I am arguing that the state's interest is not as compelling as you seem to believe. So I am wondering, what would be so awful?

    I already gave you my reasons, which I thought were sufficiently compelling. I guess not.
  • fishingcomicfishingcomic Senior Member Posts: 22,286 Senior Member
    And to rehash, your reasons came with assumptions.

    It isn't something I worry about. But then again I believe privacy is implicit in the Bill of Rights. You have stated that it needs to be explicit to be valid. Which I find interesting because one of the arguments I have heard against the Bill of Rights is that someday someone would say that these are our only rights.

    You know sometimes the courts job is to protect citizens from undue intrusions from the government into our personal lives. I believe telling someone who they can or cannot marry is one of those intrusions. I also think I should be able to touch my winky without worrying about being arrested.
    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan
  • JulietJuliet Posts: 0
    And to rehash, your reasons came with assumptions.

    Assumptions borne out by the available historical evidence.
    It isn't something I worry about. But then again I believe privacy is implicit in the Bill of Rights. You have stated that it needs to be explicit to be valid. Which I find interesting because one of the arguments I have heard against the Bill of Rights is that someday someone would say that these are our only rights.

    This was a concern of the Framers as well. Which is why they added the 9th amendment.
    You know sometimes the courts job is to protect citizens from undue intrusions from the government into our personal lives. I believe telling someone who they can or cannot marry is one of those intrusions. I also think I should be able to touch my winky without worrying about being arrested.

    Its a long way from polygamy to winky-touching. Your winky-touching neither picks my pocket nor breaks my leg (love that phrase. Thanks TJ). Your reducing the supply of available mates might very well have that effect and more, from increased crime and economic inequality to the subjugation of women. You see, in a polygamous society, women become a precious commodity, rather than citizens with agency.
  • fishingcomicfishingcomic Senior Member Posts: 22,286 Senior Member
    Women are usually thought of as the primary victims of polygynous marriages, but as cultural anthropologist Joe Henrich documents, the institution also causes problems for the young, low-status males denied wives by older, wealthy men who have hoarded all the women. And those young men create problems for everybody.

    Those societies also treat women like chattel and the reason why those young men are denied wives has more to do with the fact that marriages in those communities are arranged on not based on people marrying for love.
    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan
  • fishingcomicfishingcomic Senior Member Posts: 22,286 Senior Member
    And you have argued that privacy is not a right retained by the people. So I am curious how you and Justice Bork arrive at this without maintaining that it does not exist because it is not specified.
    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan
  • fishingcomicfishingcomic Senior Member Posts: 22,286 Senior Member
    sherb wrote: »
    Assumptions borne out by the available historical evidence.



    This was a concern of the Framers as well. Which is why they added the 9th amendment.



    Its a long way from polygamy to winky-touching. Your winky-touching neither picks my pocket nor breaks my leg (love that phrase. Thanks TJ). Your reducing the supply of available mates might very well have that effect and more, from increased crime and economic inequality to the subjugation of women. You see, in a polygamous society, women become a precious commodity, rather than citizens with agency.

    One of you articles argues that the state should be able to regulate masturbation. So it is not that far off. By the way two homosexuals getting married neither picks your pocket not breaks your leg.
    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan
  • saltydancindavesaltydancindave Senior Member Posts: 2,470 Senior Member
    Actually I am arguing that the state's interest is not as compelling as you seem to believe. So I am wondering, what would be so awful?

    How's this arguement for policy wisdom of a plural marriage where the court rapes citizens it's been married to as if they are just bought & sold slaves in the eyes of a state's interest ruling Islamic pedophile contract ?

    http://centurylink.net/news/read/article/the_associated_press-oklahoma_court_ten_commandments_monument_must_come-ap
  • flytrapflytrap Banned Posts: 1,659 Senior Member
    What was the thread about again? Back at the start?
    There are worse things in life than being a born cynic.
  • saltydancindavesaltydancindave Senior Member Posts: 2,470 Senior Member
    flytrap wrote: »
    What was the thread about again? Back at the start?

    Thread about how they can declare an annulment of divorce for what ever length of time it takes in order that the constitution they swore to uphold like in a liberal marriage document won't be criminal !
  • JulietJuliet Posts: 0
    And you have argued that privacy is not a right retained by the people. So I am curious how you and Justice Bork arrive at this without maintaining that it does not exist because it is not specified.

    well, I think Bork's point (and mine) is that a general right of privacy is not an enumerated right. Prior to the opinion in Griswold v. Connecticut, it didn't exist at all. And that opinion is generally considered to be a result in search of a rationale rather than an opinion on which viable precedents could be based.

    The funny thing about Griswold is that it was written by William O Douglas, who as a rule was allergic to substantive due process claims, because he rightly saw that they could be used to invalidate economic legislation, as was common in Supreme Court decisions prior to the New Deal. Most legal commentators agree that Douglas was really stretching.

    But I'm flattered to be compared to Judge Bork, who was probably the smartest person to ever be nominated for a Supreme Court position. That's the nicest thing anyone has ever said to me.
  • JulietJuliet Posts: 0
    Those societies also treat women like chattel and the reason why those young men are denied wives has more to do with the fact that marriages in those communities are arranged on not based on people marrying for love.

    People marrying for love? Where did you get the idea that the purpose of marriage is love? Anthony Kennedy?

    Social norms don't exist in a vacuum. Its a classic push-pull. Domestic relations drive the law and undergird the legitimacy of the state. Marital arrangements reflect the ends of a given society's social arrangements and vice versa. There's some doubt whether liberal democracy and its attendant social norms are compatible with an institution like polygamy. I would submit that its not. The nuclear family is the democratic family. You can't have traditional patriarchal social norms in a political regime dedicated to the principle of equality.
  • jbillyjbilly Senior Member Posts: 4,869 Senior Member
    sherb wrote: »
    The funny thing about Griswold is that it was written by William O Douglas, who as a rule was allergic to substantive due process claims, because he rightly saw that they could be used to invalidate economic legislation, as was common in Supreme Court decisions prior to the New Deal. Most legal commentators agree that Douglas was really stretching.

    I thought it was much funnier when he tied Grandma to the roof.
  • fishingcomicfishingcomic Senior Member Posts: 22,286 Senior Member
    sherb wrote: »
    well, I think Bork's point (and mine) is that a general right of privacy is not an enumerated right. Prior to the opinion in Griswold v. Connecticut, it didn't exist at all. And that opinion is generally considered to be a result in search of a rationale rather than an opinion on which viable precedents could be based.

    The funny thing about Griswold is that it was written by William O Douglas, who as a rule was allergic to substantive due process claims, because he rightly saw that they could be used to invalidate economic legislation, as was common in Supreme Court decisions prior to the New Deal. Most legal commentators agree that Douglas was really stretching.

    But I'm flattered to be compared to Judge Bork, who was probably the smartest person to ever be nominated for a Supreme Court position. That's the nicest thing anyone has ever said to me.

    Well in fairness it is because he is the only other person I know of that is making that argument. ;)
    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan
  • fishingcomicfishingcomic Senior Member Posts: 22,286 Senior Member
    sherb wrote: »
    People marrying for love? Where did you get the idea that the purpose of marriage is love? Anthony Kennedy?

    Social norms don't exist in a vacuum. Its a classic push-pull. Domestic relations drive the law and undergird the legitimacy of the state. Marital arrangements reflect the ends of a given society's social arrangements and vice versa. There's some doubt whether liberal democracy and its attendant social norms are compatible with an institution like polygamy. I would submit that its not. The nuclear family is the democratic family. You can't have a traditional patriarchal social norms in a political regime dedicated to the principle of equality.

    How many people do you know that are in arranged marriages?

    Look I am not going to argue for polygamy. Especially since I haven't even been married once. I just don't think it would be that big of an issue as most people would not participate.
    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan
  • JulietJuliet Posts: 0
    Well in fairness it is because he is the only other person I know of that is making that argument. ;)

    its actually common in conservative legal thought. But then the Bork debacle is what basically got the nascent conservative legal movement off the ground to begin with.

    And when Bork's nomination failed, who did we get in his place? Thanks a lot St. Ronnie. Two centuries in purgatory for you. :)
  • JulietJuliet Posts: 0
    How many people do you know that are in arranged marriages?

    None.

    That doesn't mean that romantic love is the end-all-be-all of marriage. We may have deemed it so, but that's not its purpose, and I'd submit that a lot of our current malaise over the sorry state of marriage stems from the fact that marriage is no longer about its primary purpose. The purpose of marriage has shifted from the rearing and civilizing of children to the fulfillment and self-actualization of adults, which is yet another thing that Kennedy gets wrong. Marriage is not about an individual's personal happiness. Or least it wasn't, until practically yesterday. But we know better now.
  • DeadbaitDeadbait Member Posts: 85 Member
    Don't gay people have as much right to be as miserable as straight people?

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