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Memo says marriage laws might be unconstitutional

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kayell Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-04 11:43 AM
Original message
Memo says marriage laws might be unconstitutional
http://www.tdn.com/articles/2004/03/10/oregon/news04.txt

SALEM, Ore. (AP) -- In a non-binding memo to lawmakers, the Legislature's chief legal counsel said the state's marriage law could be found unconstitutional because it treats same-sex couples as unequal to heterosexuals.

Greg Chaimov said a 1998 appeals court decision defines gays and lesbians as a protected class, which means even a civil union label could be considered unconstitutional.

Chaimov said there has to be a reason to treat people differently, and he was unable to find a sufficient rationale for limiting marriage to heterosexual couples.

"Traditionally, the justification for limiting marriage to opposite-sex couples is that opposite-sex couples are capable of bearing children and are more appropriate for raising children," he said. "With changes in technology, childbearing is no longer limited to heterosexual couples."


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slinkerwink Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-04 11:46 AM
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1. awesome!
*cues wedding bells*
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BiggJawn Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-04 11:51 AM
Response to Original message
2. Like I have said all along...
I don't WANT any more kids, my girlfriend can't HAVE any kids, so to use the "family" argument, we should be barred from marrying, too, right?
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Rockholm Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-04 11:51 AM
Response to Original message
3. Finally!
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efhmc Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-04 11:54 AM
Response to Original message
4. Here is something I have been wondering. If other countries sanction
gay marriages and we recognize those who emigrate to the U. S. who are married couples as legally married. How is that going to work? We don't require those married outside the US to beremarried, do we?
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-04 12:00 PM
Response to Original message
5. The * Administration already knows this. That's why they want to AMEND
THE CONSTITUTION in order for their law to be immune from judicial review. It can't be "unconstitutional" if the law is PART of the Constitution. All you could do is subsequently repeal the amendment.
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asjr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-04 12:34 PM
Response to Reply #5
8. Republicans decry big government
but just keep trying to make it bigger.
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central scrutinizer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-04 12:29 PM
Response to Original message
6. Oregon AG wants input on same sex marriages
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dax Donating Member (205 posts) Send PM | Profile | Ignore Wed Mar-10-04 12:32 PM
Response to Original message
7. the court ruled "no harm" in Oregon as well
The Coalition of the controlling tried to get an injunction in Portland against the weddings and the judge denied it saying they had failed to show how they were harmed in any way by someone else getting married. well DUH! they are freaking out around here it is great! all the fakers are squirming. It reminds me of the sixties when I was in High School and these liberals would chat at parties about how they believed in civil rights, and then they would absolutely go ballistic when one of their kids brought a new boyfriend/girlfriend home the wrong color-grow up already!
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