Alabama Supreme Court Judge: Let's Just Abolish Marriage Altogether
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Source: The Advocate
Roy Moore, the antigay chief justice of the Alabama Supreme Court, isn't the only jurist on the state's high court who is digging in his heels in opposition to marriage equality.
Fellow Supreme Court Justice Glenn Murdock offered a novel if unlikely approach to avoiding the legal recognition of same-sex marriages in a brief opinion attached to a related ruling last week, reports AL.com, a website for several Alabama newspapers.
If Alabama must permit same-sex couples to legally marry, perhaps the state should abolish the institution of marriage altogether, Murdock posited in a two-page opinion issued along with the court's refusal to clarify Chief Justice Moore's directive telling probate judges they could ignore a federal ruling bringing marriage equality to Alabama.
Murdock's opinion does note that the question of whether Alabama's probate judges must issue marriage licenses is not actually before the court. But that doesn't stop him from speculating about the motives of Alabama voters and lawmakers when writing and passing the 2006 Sanctity of Marriage Amendment, which was struck down last month by U.S. District Judge Callie V.S. Granade.
Read more: http://www.advocate.com/politics/marriage-equality/2015/02/18/alabama-supreme-court-judge-lets-just-abolish-marriage-altoget
ThinkProgress:
"Murdock suggests that, had the state legislature known that its decision to exclude gay couples from the right to marry was unconstitutional, it might have preferred not to permit anyone to be married in the state of Alabama. This potential preference for no marriages over equality matters, according to Justice Murdock, because of a [1945] state supreme court decision holding that, when part of a state law is struck down, the law may be declared 'wholly void' if 'the invalid portion is so important to the general plan and operation of the law in its entirety as reasonably to lead to the conclusion that it would not have been adopted if the legislature had perceived the invalidity of the part so held to be unconstitutional.'
http://thinkprogress.org/justice/2015/02/18/3623884/state-supreme-court-justice-warns-may-abolish-marriage-entirely-sex-weddings-allowed/
Spitfire of ATJ
(32,723 posts)Hoppy
(3,595 posts)Would you want to listen to the thumping while humping?
Spitfire of ATJ
(32,723 posts)Xipe Totec
(44,564 posts)geomon666
(7,519 posts)At least everyone will be equal.
closeupready
(29,503 posts)Cryptoad
(8,254 posts)like living in Sin that much!
Paulie
(8,464 posts)It's the other things like propert rights, tax breaks and other powers (medical, custody, legal,etc) that they would lose. The stuff they want to withhold from other couples.
RKP5637
(67,112 posts)should be nowhere near.
lobodons
(1,290 posts)ODS (Obama Derangement Syndrome) and its side effects are on steroids in Alabama.
They just can't seem to deal with reality anymore. Their heads are exploding. KABOOM!!!!!!!!
Third Doctor
(1,574 posts)I live in Alabama and they have been going insane around here since November 2008.
shenmue
(38,598 posts)Third Doctor
(1,574 posts)but have family and roots here and I don't want to abandon them. This place...really gets on my nerves at times.
LiberalFighter
(53,544 posts)It would void a lot of family laws. Especially related to death and wills. Wouldn't that be fun? Unless, the will specifies a "spouse" would not inherit. Nor would children. Most states it is legislated how the estate is split up when there isn't a will. So much to the spouse and so much to the children. They would get zip if there name is not on the deed or somehow tied in with the asset.
That would be so much fun.
LiberalFighter
(53,544 posts)If it was a sacred covenant as described with the amendment than the only way the marriage could be performed is with the clergy.
Arwinnick
(39 posts)Then it tends to reason there is no divorce.So these lawyers are going to kill the golden goose.I doubt it.
roamer65
(37,965 posts)I love to see idiots like these just squirm.
Arwinnick
(39 posts)then it's grab ass time.
quakerboy
(14,888 posts)at least, it seems like a positive answer to a different question. I cant think of any reason that a mated heterosexual pair, or even a mated homosexual pair, should get a better tax deal than an adult parent/child or asexual best friends who choose to combine households on a permanent basis, so I would ask how we can improve that situation
However, this is not the question this judge was asking when he made these statements. His question was based in hate.
I just like to try and think of ways we can turn these kind of negative responses into results that eventually benefit everyone.
CreekDog
(46,192 posts)expand them to others presently denied them.
i don't want people losing social security spousal benefits because you think it's more consistent to not have them.
quakerboy
(14,888 posts)Just the unnecessary restrictions.
The benefits should be tied to a declared legal contract between two consenting parties, not to the legalization the religeous tradition of paired lovers that we call marriage.
I don't want to expand marriage. I want it replaced. I don't think my cousin should have to marry her mom to get legal benefits of a permanent shared life. And I don't want separate but equal. Let marriage be a social convention, much like birthday parties. And have a legal contract that allows multiple people to share things like social security benefits or retirements or custody of children.
Chemisse
(31,374 posts)We are locking this because it is a dupe of this thread:
http://www.democraticunderground.com/10141017647
Please feel free to post this in GD instead.