The Judiciary (The Best Branch of Government(tm)) ft. Videogames & the 1st Amendment

Ubik

alt post: Islam is the light, tia~ 8-)

MrMonroe

Ubik wrote: »

Also @MrMonroe I agree that bans on gay marriage are really discriminating on the basis of gender (I can't marry a guy because I'm a guy), I'd like to see if a majority of the Court supports that reasoning if that Prop 8 cases gets up there

Lawrence v. Texas + Loving v. Virginia should = bans on gay marriage are unconstitutional

That's exactly what I cited in my Con Law final on this question

Zen Vulgarity

Bans on gay marriage are constitutional

MrMonroe

and anti-miscegenation laws are constitutional because they treat black people and white people equally

Ubik

Zen Vulgarity wrote: »

Bans on gay marriage are constitutional

I've done a lot of thinking about this and I have to disagree

To be fair, I subscribe to the Constitution is a living document viewpoint

and also am usually in favor in the greatest freedom for the greatest number of people

edit: I'm not trying to say "you hate freedom!!" or anything

also I'm not sure if you're stating an opinion or just the current state of the law

MrMonroe

I don't think you need to subscribe to a Living Document interpretation to get to the conclusion that the concepts behind the original language leads to broader results than were originally conceived by the people who wrote the language

for instance, I would argue the people who penned and ratified the Fourth obviously didn't have telephone calls in mind but, were you to explain the telephone to them they would probably say you need a warrant to tap someone's home phone

Olivaw

Oghulk wrote: »

The transcript of the argument was an amazing read, and I found the arguments that the supreme court posed were extremely interesting to the outcome of the case.

But I kept getting pissed when they brought up that games weren't considered with worth artistically wise even though movies are. I don't understand that point of view much.

During certain bits they directly compared movies with this sort of content to games, though

Straight up going "hey so if this goes through, you gonna ban movies too"

I thought that was nice

Zen Vulgarity

Ubik wrote: »

Zen Vulgarity wrote: »

Bans on gay marriage are constitutional

I've done a lot of thinking about this and I have to disagree

To be fair, I subscribe to the Constitution is a living document viewpoint

and also am usually in favor in the greatest freedom for the greatest number of people

edit: I'm not trying to say "you hate freedom!!" or anything

also I'm not sure if you're stating an opinion or just the current state of the law

Current state of law

Also you didn't state "state bans" or "religious bans"

And textualists still go "what did the framers think of X" because even the most strictual textualist isn't going to hurp durp the language of a century old document says X soooooo

They do not go very far past that (or say they don't)

JoeUser

Ubik wrote: »

Zen Vulgarity wrote: »

Bans on gay marriage are constitutional

I've done a lot of thinking about this and I have to disagree

To be fair, I subscribe to the Constitution is a living document viewpoint

and also am usually in favor in the greatest freedom for the greatest number of people

edit: I'm not trying to say "you hate freedom!!" or anything

also I'm not sure if you're stating an opinion or just the current state of the law