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| Re: Tucker Carlson: Kavanaugh chaos (1558332) | |||
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Re: Tucker Carlson: Kavanaugh chaos |
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Posted by mtk52983 on Wed Sep 26 10:55:20 2018, in response to Re: Tucker Carlson: Kavanaugh chaos, posted by JayZeeBMT on Wed Sep 26 10:07:04 2018. That isn't something that lends itself to a simple answer without getting into theories of jurisprudence that a lay audience will likely be confused by. I agreed with the decision in Windsor because I felt DOMA exceeded Congress's enumerated powers. Obergfell is a much closer question because I do believe that this is a matter that is left to the states under our Constitutional system. That being said, I question whether this is covered under the Fourteenth Amendment in either direction. In other words, if a state chooses to permit same sex marriage I do not think the opponents can go to Court to challenge it under the United States Constitution or vice versa. |
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