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  1. #1
    lernforenzics is offline Junior Member
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    Question How can a state override federal constitution?

    I would like to know how state can override faderal constitution of life,liberty and happiness? if the state actually puts to ballot same-sex-marriage ban along with domestic partnerships i am not sure how a person can make a decision if the question is to ban same sex marriage then what does domestic partnership have to do with it? Same sex couples are not the only ones with domestic partnerships....
  2. #2
    seniorjudge is offline Senior Member
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    Quote Originally Posted by lernforenzics
    I would like to know how state can override faderal constitution of life,liberty and happiness? if the state actually puts to ballot same-sex-marriage ban along with domestic partnerships i am not sure how a person can make a decision if the question is to ban same sex marriage then what does domestic partnership have to do with it? Same sex couples are not the only ones with domestic partnerships....
    I have no idea what you are saying but I will tell you this: the states govern marriage laws, not the federal government.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    lernforenzics is offline Junior Member
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    Question

    I am saying that federal states the right to liberty, and happiness...but the state wants to take it away by banning same-sex-marriage...and domestic partners are not all gay, they're over 65 males and females as well...so why block them what did they do wrong..not that gays did anything wrong but just a question...
  4. #4
    seniorjudge is offline Senior Member
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    Quote Originally Posted by lernforenzics
    I am saying that federal states the right to liberty, and happiness...but the state wants to take it away by banning same-sex-marriage...and domestic partners are not all gay, they're over 65 males and females as well...so why block them what did they do wrong..not that gays did anything wrong but just a question...
    Two questions:

    1. Where in the constitution of the United States does it say anything about life, liberty, and the pursuit of happiness?

    AND

    B. Where in the constitution of the United States does it say anything about same-sex marriage and/or domestic partners?
    There are two rules for success:

    (1) Never tell everything you know.
  5. #5
    Zephyr is offline Senior Member
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    Quote Originally Posted by seniorjudge
    Two questions:

    1. Where in the constitution of the United States does it say anything about life, liberty, and the pursuit of happiness?


    the preamble

    AND

    B. Where in the constitution of the United States does it say anything about same-sex marriage and/or domestic partners?

    but, if the op wants this o be a debate he should get in the right forum
  6. #6
    seniorjudge is offline Senior Member
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    PREAMBLE

    We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.



    Anybody else want to try?
    There are two rules for success:

    (1) Never tell everything you know.
  7. #7
    ceara19 is offline Senior Member
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    Quote Originally Posted by seniorjudge
    PREAMBLE

    We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.



    Anybody else want to try?

    Does that mean I can sue for lack of "Domestic Tranquility"?
  8. #8
    Zephyr is offline Senior Member
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    got me sj- wrong doc


    Life, Liberty and the Pursuit of Happiness

    Life, Liberty & the Pursuit of Happiness.
    Are these unalienable rights in the US Constitution?

    Life, Liberty & the Pursuit of Happiness. A bedrock of the American psyche. Principals by which most Americans feel their government and country were founded on. These unalienable rights are obviously set forth in the most important document in American history, the document most cited by the Supreme Court, the legal underpinning of the United States, the US Constitution, correct? A quick scan of the Bill of Rights should reveal them. No? Hmm, they must be in the preamble. No, not there either. Later amendments, no.

    Although it may seem unbelievable to many, the phrase "life, liberty and the pursuit of happiness" does not appear in the US Constitution. Where then are those rights guaranteed to the people of the United States (and in turn people that are affected by the United States)? The answer appears to be, nowhere.

    The original phrase "Life, Liberty & the Pursuit of Happiness" was set forth in the US Declaration of Independence. An idea at the heart of the American Revolution, but one that did not find its way into the US Constitution. As such, these rights are not legally protected by the federal government.
  9. #9
    Ohiogal is offline Senior Member
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    Quote Originally Posted by seniorjudge
    I have no idea what you are saying but I will tell you this: the states govern marriage laws, not the federal government.
    What about DOMA?
    Okay other than the fact that the part about states do not have to abide by the FF&C being really unconstitutional but that is another post...
  10. #10
    Ohiogal is offline Senior Member
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    Quote Originally Posted by ceara19
    Does that mean I can sue for lack of "Domestic Tranquility"?
    I thought that was Divorce Court's purpose. So yes.
  11. #11
    weenor is offline Senior Member
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    Op- the rights conferred by the constitution are interpreted by the Courts...the states are allegedly given the right to govern many things including right with regard to civil unions and marriage. It has nothing to do with gay or straight..bottom line is that there is the state interest in preserving the family unit and there is the issue of what the state has to do to split you and your partner (however you classify yourselves) and decide who gets what. Bottom its easier for everyone to decide who should get the stuff if there is a state sanctioned union.
  12. #12
    tigger22472 is offline Senior Member
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    Quote Originally Posted by Ohiogal
    What about DOMA?
    Okay other than the fact that the part about states do not have to abide by the FF&C being really unconstitutional but that is another post...
    That's where I was going too. So regardless if the states have in their statutes, such as Indiana does, that marriage is between a male and female and they do not recognize same sex marriage even if from another state DOMA kicks in anyways.

    To the OP.. for instance Mass. does recognize same-sex marriages... Come tax time they can file jointly for state but aren't allowed to for federal purposes because the federal government does not recognize same sex marriages. Couples (hetersexual) who live in common law marriage states can file federal taxes together if they fit the requirements but in the rest (which is 3/4 of us) cannot unless they are married.
  13. #13
    stealth2 is offline Senior Member
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    Quote Originally Posted by ceara19
    Does that mean I can sue for lack of "Domestic Tranquility"?
    As well as for a more perfect union.
  14. #14
    ceara19 is offline Senior Member
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    Quote Originally Posted by stealth2
    As well as for a more perfect union.
    If you ever find one, please enlighten the rest of us!

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