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CreekDog

(46,192 posts)
Wed Feb 18, 2015, 09:23 PM Feb 2015

Alabama Supreme Court Judge: Let's Just Abolish Marriage Altogether

This discussion thread was locked as off-topic by NH Ethylene (a host of the Latest Breaking News forum).

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/

22 replies = new reply since forum marked as read
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Alabama Supreme Court Judge: Let's Just Abolish Marriage Altogether (Original Post) CreekDog Feb 2015 OP
Quick! Someone see if his wife wants to fool around! Spitfire of ATJ Feb 2015 #1
She's probably a Bible thumper. Hoppy Feb 2015 #14
I'll drown it out with the headboard. Spitfire of ATJ Feb 2015 #15
I double yellow dog dare you, Murdock. nt Xipe Totec Feb 2015 #2
Go for it. geomon666 Feb 2015 #3
+100. All I ever asked for, personally. closeupready Feb 2015 #11
Im not sure all the Bible Thumpers in Alabama are going to Cryptoad Feb 2015 #4
They can still do their church thing for the sin part Paulie Feb 2015 #10
Even backward pales to describe these fools in positions of power they neither deserve nor RKP5637 Feb 2015 #5
ODS (Obama Derangement Syndrome) is on steroids in Alabama lobodons Feb 2015 #6
I agree Third Doctor Feb 2015 #7
Are you okay? Can we send an airlift? shenmue Feb 2015 #8
That sounds good. Third Doctor Feb 2015 #9
If they do that all marriages need to be null and void while living in Alabama. LiberalFighter Feb 2015 #12
That Sanctity of Marriage Amendment was a bunch of hooey. LiberalFighter Feb 2015 #13
So if there is no marriage. Arwinnick Feb 2015 #16
Boy, the thought of two men kissing really bothers them, doesn't it? roamer65 Feb 2015 #17
Yet let one of those men score a TD Arwinnick Feb 2015 #18
Right answer, wrong question quakerboy Feb 2015 #19
no, don't take away the benefits of marriage CreekDog Feb 2015 #20
Not the benefits quakerboy Feb 2015 #21
Locking Chemisse Feb 2015 #22
 

Spitfire of ATJ

(32,723 posts)
1. Quick! Someone see if his wife wants to fool around!
Wed Feb 18, 2015, 09:29 PM
Feb 2015
 

Hoppy

(3,595 posts)
14. She's probably a Bible thumper.
Thu Feb 19, 2015, 12:41 AM
Feb 2015

Would you want to listen to the thumping while humping?

 

Spitfire of ATJ

(32,723 posts)
15. I'll drown it out with the headboard.
Thu Feb 19, 2015, 12:49 AM
Feb 2015

Xipe Totec

(44,564 posts)
2. I double yellow dog dare you, Murdock. nt
Wed Feb 18, 2015, 09:29 PM
Feb 2015

geomon666

(7,519 posts)
3. Go for it.
Wed Feb 18, 2015, 09:36 PM
Feb 2015

At least everyone will be equal.

 

closeupready

(29,503 posts)
11. +100. All I ever asked for, personally.
Thu Feb 19, 2015, 12:16 AM
Feb 2015

Cryptoad

(8,254 posts)
4. Im not sure all the Bible Thumpers in Alabama are going to
Wed Feb 18, 2015, 09:36 PM
Feb 2015

like living in Sin that much!

Paulie

(8,464 posts)
10. They can still do their church thing for the sin part
Wed Feb 18, 2015, 11:50 PM
Feb 2015

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)
5. Even backward pales to describe these fools in positions of power they neither deserve nor
Wed Feb 18, 2015, 09:38 PM
Feb 2015

should be nowhere near.

 

lobodons

(1,290 posts)
6. ODS (Obama Derangement Syndrome) is on steroids in Alabama
Wed Feb 18, 2015, 09:49 PM
Feb 2015

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)
7. I agree
Wed Feb 18, 2015, 10:01 PM
Feb 2015

I live in Alabama and they have been going insane around here since November 2008.

shenmue

(38,598 posts)
8. Are you okay? Can we send an airlift?
Wed Feb 18, 2015, 10:27 PM
Feb 2015

Third Doctor

(1,574 posts)
9. That sounds good.
Wed Feb 18, 2015, 11:42 PM
Feb 2015

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)
12. If they do that all marriages need to be null and void while living in Alabama.
Thu Feb 19, 2015, 12:25 AM
Feb 2015

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)
13. That Sanctity of Marriage Amendment was a bunch of hooey.
Thu Feb 19, 2015, 12:29 AM
Feb 2015

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)
16. So if there is no marriage.
Thu Feb 19, 2015, 01:03 AM
Feb 2015

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)
17. Boy, the thought of two men kissing really bothers them, doesn't it?
Thu Feb 19, 2015, 01:07 AM
Feb 2015


I love to see idiots like these just squirm.

Arwinnick

(39 posts)
18. Yet let one of those men score a TD
Thu Feb 19, 2015, 01:32 AM
Feb 2015

then it's grab ass time.

quakerboy

(14,888 posts)
19. Right answer, wrong question
Thu Feb 19, 2015, 02:10 AM
Feb 2015

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)
20. no, don't take away the benefits of marriage
Thu Feb 19, 2015, 02:18 AM
Feb 2015

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)
21. Not the benefits
Thu Feb 19, 2015, 02:57 AM
Feb 2015

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)
22. Locking
Thu Feb 19, 2015, 08:47 AM
Feb 2015

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.

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