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Pa. judge orders end to same-sex marriage licenses

TacticalEvilDan

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HARRISBURG, Pa. (AP) — A Pennsylvania judge on Thursday ordered a suburban Philadelphia clerk to stop issuing marriage licenses to same-sex couples.

Commonwealth Court Judge Dan Pellegrini said Montgomery County Register of Wills D. Bruce Hanes did not have the power to decide on his own whether Pennsylvania's same-sex marriage ban violates the state constitution.

"Unless and until either the General Assembly repeals or suspends the Marriage Law provisions or a court of competent jurisdiction orders that the law is not to be obeyed or enforced, the Marriage Law in its entirety is to be obeyed and enforced by all commonwealth public officials," Pellegrini wrote.


Pa. judge orders end to same-sex marriage licenses

A reminder that while we're welcome to form opinions regarding legality and Constitutionality, the bench very jealously guards the power of judicial review.
 

Deuce

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That's gonna get appealed... very quickly...
And the appeal will fail. The judge is correct: The clerk does not have the authority to do what he did. Same-sex couples have the right to challenge this law in court, and they'd probably win, but this clerk doesn't get to decide any of that.

The clerk is not the injured party, he doesn't have the ability to sue over this either.
 

Paschendale

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And the appeal will fail. The judge is correct: The clerk does not have the authority to do what he did. Same-sex couples have the right to challenge this law in court, and they'd probably win, but this clerk doesn't get to decide any of that.

The clerk is not the injured party, he doesn't have the ability to sue over this either.
Challenging the law is what the appeal is going to do. This is just a catalyst.
 

Deuce

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Challenging the law is what the appeal is going to do. This is just a catalyst.
I don't expect it will. I don't think the clerk has standing to challenge the law in the first place.
 

Paschendale

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I don't expect it will. I don't think the clerk has standing to challenge the law in the first place.
No, but the couples who are being denied marriage licenses do.
 

chromium

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I can't wait to hear the cries of "activist judges" from the right...oh wait
 

Fisher

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No, but the couples who are being denied marriage licenses do.
The clerk could appeal on the issue of whether or not they had the authority to issue same sex licenses, you know, if they wanted to waste their time and money.
 

Gipper

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I can't wait to hear the cries of "activist judges" from the right...oh wait
C'mon...this isn't judicial activism. This is enforcing laws already on the book.

It'd be judicial activism if it was the other way around.

Oh, and the clerk should be fired.
 

MaggieD

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That's gonna get appealed... very quickly...
No, it's not. And the issuer should be reprimanded. WTF is wrong with people? Some paper shuffler can't decide on his own that same-sex marriage is legal. Ridiculous.
 

AGENT J

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[/FONT][/COLOR]Pa. judge orders end to same-sex marriage licenses

A reminder that while we're welcome to form opinions regarding legality and Constitutionality, the bench very jealously guards the power of judicial review.
AWESOME!!!!

this actually makes me very happy

of course NOT because discrimination is happening but because that this case

the federal case pending against PA
Same-sex couples, ACLU file lawsuit to overturn Pennsylvania ban on gay marriage - Pittsburgh Post-Gazette

and Pennsylvania attorney general refuses to defend gay marriage ban
Pennsylvania attorney general refuses to defend gay marriage ban
http://www.debatepolitics.com/break...defend-gay-marriage-ban-2.html#post1062041498

will all help speed up the process of grantint equal rights and defeating discrimination!

my state could be next in the step of equality!

like i said, awesome, i was very happy when my state got castle laws and this is next.
 
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sbrettt

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No, it's not. And the issuer should be reprimanded. WTF is wrong with people? Some paper shuffler can't decide on his own that same-sex marriage is legal. Ridiculous.
I think he was doing what he thought was the right think to do. Laws do not always get the last say in what's morally right.
 

Jetboogieman

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If I were you I wouldn't hold my breath.
Regardless of this particular case.

Gay marriage will become legal in the entire United States sooner or later.

It will happen.

And you can't stop it buddy.

So you might as well get used to the idea.
 

AGENT J

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Regardless of this particular case.

Gay marriage will become legal in the entire United States sooner or later.

It will happen.

And you can't stop it buddy.

So you might as well get used to the idea.
so very true, it will be here soon
 

Navy Pride

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Regardless of this particular case.

Gay marriage will become legal in the entire United States sooner or later.

It will happen.

And you can't stop it buddy.

So you might as well get used to the idea.
Not in your life time my left wing friend. The SCOTUS will not touch states the have a constitutional banning SSM.
 

AGENT J

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Not in your life time my left wing friend. The SCOTUS will not touch states the have a constitutional banning SSM.

its going to happen in probably 5 years, 10 at the max but that very doubtful

like you were told the bannings are going to HELP make it happen, 3 states already found their bannings to be unconstitutional and that made granting equal rights easier once pushed to the courts lol
I hope you make it at least another 5-10 years so you can see the glory
 

lolabird

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I think he was doing what he thought was the right think to do. Laws do not always get the last say in what's morally right.
Judge Todd Baugh thought he was doing the right thing when he gave a known school rapist only 30 days in jail.
 

Navy Pride

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If I were you I would get used to same sex marriage ahead of time.
What do you think they wil do about the 37 states that have constitutional amendments banning it....You got all your going to get my left wing friend....live with it.
 

Navy Pride

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Judge Todd Baugh thought he was doing the right thing when he gave a known school rapist only 30 days in jail.
Its hard to believe that Liberals would ever criticize a liberal judges opinion.
 

Navy Pride

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its going to happen in probably 5 years, 10 at the max but that very doubtful

like you were told the bannings are going to HELP make it happen, 3 states already found their bannings to be unconstitutional and that made granting equal rights easier once pushed to the courts lol
I hope you make it at least another 5-10 years so you can see the glory
Please name the 3 states that a judge overturned their constitutional amendment?
 

digsbe

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If SSM isn't legal in PA the clerk shouldn't issue certificates :shrug:
 
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