[Victims of Court Corruption] Should Laws Banning Polygamy Be Declared Unconstitutional?
fn:Ron Branson
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Be Declared Unconstitutional?
Years ago America passed laws banning polygamy. Polygamy was a chief doctrine of the Mormon religion. The Mormons, in theory, forsook their open religious practice of polygamy pursuant to the law banning such practice in this country.
There is currently going on in the courts of Illinois a battle over the constitutionality of banning gays from marriage in that it violates equal protections of the law. The State's Attorney General, whose constitutional duty it is to defend and enforce the law on the books, argues that the law is unconstitutional, to wit: "Those who usually defend the state’s laws opted out of defending the ban after lawsuits representing the couples were filed in May 2012." Further, it is argued by the Attorney General, "Cook County State’s Attorney Anita Alvarez and Illinois Attorney General Lisa Madigan, who offered up legal analysis, said the 17-year ban violates Illinois’ constitution in that the law doesn’t equally protect gay couples, among other things."
So now this question now opens the debate of homosexual marriages to reconsideration of law against polygamy. The question arises, how does the question on the constitutionality of homosexual marriages differ from equal protection of polygamists? It is just purely a matter of time before this question will arise since DOMA has been declared unconstitutional by the U.S. Supreme Court. While the argument concerning the practice of polygamy involves a chief religious doctrine of Mormonism, to my knowledge, the homosexual community has not argued that the right to homosexual marry is a religiously protected doctrine.
Ron Branson
VictoryUSA@jail4judges.org
Judge to make decision on same-sex marriage lawsuit next month
Wednesday, August 7, 2013http://www.beloitdailynews.com/news/judge-to-make-decision-on-same-sex-marriage-lawsuit-next/article_9dcf4afc-ff76-11e2-9f49-0019bb2963f4.html
CHICAGO (AP) — After hearing nearly two hours of arguments, a Cook County judge said Tuesday she’ll decide whether to dismiss a lawsuit challenging Illinois’ gay marriage ban late next month.
The lawsuit involves 25 same-sex couples who filed for marriage licenses in Cook County and were denied. Attorneys for the couples — from Lambda Legal and the American Civil Liberties Union of Illinois — have said that the state’s same-sex marriage ban, approved in 1996, violates the state’s constitution due process and equality clauses.
“They seek access to their birthright,” Camilla Taylor, marriage project director for the legal advocacy group Lambda Legal, told Circuit Judge Sophia Hall.
However, an attorney representing downstate county clerks defending the same-sex marriage ban said gay couples in Illinois have many of the same rights as heterosexual ones, partly because Illinois allowed civil unions in 2011. The state’s ban defines marriage as between a man and a woman.
Hall said she would make her decision on the motion to dismiss the case on Sept. 27.
Illinois’ court battle to allow gay marriage — which has been going on simultaneously as the fight at the State Capitol — has been complicated. Those who usually defend the state’s laws opted out of defending the ban after lawsuits representing the couples were filed in May 2012. The lawsuits were later consolidated into one.
Cook County State’s Attorney Anita Alvarez and Illinois Attorney General Lisa Madigan, who offered up legal analysis, said the 17-year ban violates Illinois’ constitution in that the law doesn’t equally protect gay couples, among other things.
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