Ban on same sex marriage ruled unconstitutional by Texas Judge

Sec. 4. Welfare policy; board of public welfare.
Beneficent provision for the poor, the unfortunate, and the orphan is one of the first duties of a civilized and a Christian state. Therefore the General Assembly shall provide for and define the duties of a board of public welfare


i am surprised it hasn't been challenged....according to stare decises a la scotus cases....i'm positive this would be struck as unconstutional under the 1st as applied to the states through the dp clause of the 14th amendment if the clause is determined to establish christianity as a state religion or give it preferential treatment etc....
 
Yurt said:
Sec. 4. Welfare policy; board of public welfare.
Beneficent provision for the poor, the unfortunate, and the orphan is one of the first duties of a civilized and a Christian state. Therefore the General Assembly shall provide for and define the duties of a board of public welfare


i am surprised it hasn't been challenged....according to stare decises a la scotus cases....i'm positive this would be struck as unconstutional under the 1st as applied to the states through the dp clause of the 14th amendment if the clause is determined to establish christianity as a state religion or give it preferential treatment etc....
Click to expand...

I agree.
 
Yurt said:
Sec. 4. Welfare policy; board of public welfare.
Beneficent provision for the poor, the unfortunate, and the orphan is one of the first duties of a civilized and a Christian state. Therefore the General Assembly shall provide for and define the duties of a board of public welfare


i am surprised it hasn't been challenged....according to stare decises a la scotus cases....i'm positive this would be struck as unconstutional under the 1st as applied to the states through the dp clause of the 14th amendment if the clause is determined to establish christianity as a state religion or give it preferential treatment etc....
Click to expand...
I'm sure the liberals would love to see this language go away, but the State of NC has tremendous legal resources, so instead they pick on little villages and towns who put up Christmas decorations, then claim precedent from these little victories and try to build a case against bigger fish later. Liberals are sly and patient.

That's why I put little stock on legal precedence. To me its like that "telephone" game that we played in elementary school: everyone gets into a circle and the first kid whispers something to the kid on his right, then the message goes around the room. When it gates back to kid #1 it's nothing like the original message.

I prefer to read the original message, which in this case is the Constitution, and interpret it in the context of the day that it was written. Since its a plain language document it is easy for me, a plain language type, to interpret correctly. If I need a little guidance I look for the Federalist for the thoughts of the Founders.

Some weenie Judge can't negate the work of the founders.
 
Southern Man said:
I'm sure the liberals would love to see this language go away, but the State of NC has tremendous legal resources, so instead they pick on little villages and towns who put up Christmas decorations, then claim precedent from these little victories and try to build a case against bigger fish later. Liberals are sly and patient.

That's why I put little stock on legal precedence. To me its like that "telephone" game that we played in elementary school: everyone gets into a circle and the first kid whispers something to the kid on his right, then the message goes around the room. When it gates back to kid #1 it's nothing like the original message.

I prefer to read the original message, which in this case is the Constitution, and interpret it in the context of the day that it was written. Since its a plain language document it is easy for me, a plain language type, to interpret correctly. If I need a little guidance I look for the Federalist for the thoughts of the Founders.

Some weenie Judge can't negate the work of the founders.
Click to expand...

Except the only example I have used was not some little village, it was the state supreme court and the chief justice of that court. And the monument was removed and so was Roy Moore.

Do they have a lot of school led prayers in NC?
 
WinterBorn said:
Except the only example I have used was not some little village, it was the state supreme court and the chief justice of that court. And the monument was removed and so was Roy Moore.

Do they have a lot of school led prayers in NC?
Click to expand...
The case that you champion as being a victory in your quest to denigrate the Constitution of the US as well as the Constitution of NC is dissimilar.

Since NC is a Christian State and therefore tolerant of other religions and cultures school led prayers are optional. :)
 
Southern Man said:
The case that you champion as being a victory in your quest to denigrate the Constitution of the US as well as the Constitution of NC is dissimilar.

Since NC is a Christian State and therefore tolerant of other religions and cultures school led prayers are optional. :)
Click to expand...

"Applicable Code Section 115C-47(29); (29b)
What is Allowed? Period of silence not to exceed one minute in duration shall be observed and silence maintained; prayer by individuals on voluntary basis allowed"

from: http://law.findlaw.com/state-laws/prayer-in-public-schools/north-carolina/
 
Southern Man said:
You can guarantee all you want but as I already explained the Feds are outside of their jurisdiction on this issue.
Click to expand...
They aren't. It is a civil rights issue, because of the incorporation of rights due to the 14th. You can keep repeating wrong information all you want, but the reality is that no state has had any official religion since the Civil War was lost by the South. They can't, nor can your laws reflect your Christianity over any other religion, regardless of how much you want to see that happen.
 
Southern Man said:
Try praying in a public school in Massachusetts.
Click to expand...
It happens all the time, the only difference is there is no time set aside for such things. Personally I'd rather the school administrators better use the time for education. I'll teach my kids that if they pray they should pray quietly and privately.

Now, try leading a prayer as a Principal over the loudspeakers in North Carolina.
 
Yurt said:
Sec. 4. Welfare policy; board of public welfare.
Beneficent provision for the poor, the unfortunate, and the orphan is one of the first duties of a civilized and a Christian state. Therefore the General Assembly shall provide for and define the duties of a board of public welfare


i am surprised it hasn't been challenged....according to stare decises a la scotus cases....i'm positive this would be struck as unconstutional under the 1st as applied to the states through the dp clause of the 14th amendment if the clause is determined to establish christianity as a state religion or give it preferential treatment etc....
Click to expand...
It isn't challenged because it is solely a historical reference.
 
Damocles said:
It happens all the time, the only difference is there is no time set aside for such things. Personally I'd rather the school administrators better use the time for education. I'll teach my kids to pray at home.

Now, try leading a prayer as a Principal over the loudspeakers in North Carolina.
Click to expand...
Christ wouldn't condone leading a prayer that way, in front of a captive audience. School boards, however, routinely open their meetings with a Christian prayer. And our annual Christmas concert at the local high school has plenty of Christian songs. :)
 
Southern Man said:
Christ wouldn't condone leading a prayer that way, in front of a captive audience. School boards, however, routinely open their meetings with a Christian prayer. And our annual Christmas concert at the local high school has plenty of Christian songs. :)
Click to expand...
So long as all board members agree there is no problem with that. It doesn't make it the "official" religion of North Carolina. Nor does the historical reference in State Documents. The 14th simply made it so that no State, not even Utah, could have an official religion....
 
Damocles said:
...no state has had any official religion since the Civil War was lost by the South. ....
Click to expand...

Damocles said:
It isn't challenged because it is solely a historical reference.
Click to expand...

"Beneficent provision for the poor, the unfortunate, and the orphan is one of the first duties of a civilized and a Christian state."

Historically, as well as presently, otherwise the NC Board of Welfare wouldn't exist.
 
Southern Man said:
"Beneficent provision for the poor, the unfortunate, and the orphan is one of the first duties of a civilized and a Christian state."

Historically, as well as presently, otherwise the NC Board of Welfare wouldn't exist.
Click to expand...
Again, if it tried to press the religion as "official" it would simply lose in court and quickly. We have shown that the 1st Amendment applies even to local governments, even as far down as your schools and their boards. Try to make a law that okays officially led school prayers of your "official" religion...

The phrase, "As a Christian State" has no power any longer, it is left there as a historical reference. Stop being so obtuse.
 
Damocles said:
So long as all board members agree there is no problem with that. It doesn't make it the "official" religion of North Carolina. Nor does the historical reference in State Documents. The 14th simply made it so that no State, not even Utah, could have an official religion....
Click to expand...

Which leads us back to the original topic of gay marriage. No state can deny them access to marriage solely on religious ideaology. And outside of religious reasons, there is no valid reason for banning gay marriage.

Although I still maintain that the states should have no part of religious rituals. Let churches marry whoever they want. And it will be valid in that church.

If the state issues a licence for civil unions, and there are benefits to that union, let them be issued to all who fit the criteria of concenting adult. And those who marry in a church will need to have a separate civil union licence to gain the benefits.
 
Damocles said:
So long as all board members agree there is no problem with that. It doesn't make it the "official" religion of North Carolina. Nor does the historical reference in State Documents. The 14th simply made it so that no State, not even Utah, could have an official religion....
Click to expand...
Again, if you read the 1st Amendment which restricts Congress only, and the 10th which leaves all other powers to the People and the States, it is plain that there is no such restriction on the States.
 
Damocles said:
Again, if it tried to press the religion as "official" it would simply lose in court and quickly. We have shown that the 1st Amendment applies even to local governments, even as far down as your schools and their boards. Try to make a law that okays officially led school prayers of your "official" religion...

The phrase, "As a Christian State" has no power any longer, it is left there as a historical reference. Stop being so obtuse.
Click to expand...
What could be more official to State law then its own Constitution?
 
Southern Man said:
Again, if you read the 1st Amendment which restricts Congress only, and the 10th which leaves all other powers to the People and the States, it is plain that there is no such restriction on the States.
Click to expand...

SCOTUS has consistently ruled otherwise. And they are the authority on the matter.
 
You must log in or register to reply here.
Back
Top