Puerto Rico Rejects Gay Marriage, SCOTUS Ruling ‘Doesn’t Apply Here

[Scoop]

Either we have to let them be able to vote in Presidential elections so they can have some say in how SCOTUS judges are picked or we just have to admit we're an empire and that people living on that island are our subjects.

 

[Scoop]

Not just equal protection, "Oberfell" was decided on Due Process Grounds as well (Marriage as a fundamental right a la "Loving V. Virginia"), but small potatoes I suppose since they both fall under the 14th Amendment.

wait is there another law student/lawyer in HL?

 

[No1]

Not just equal protection, "Oberfell" was decided on Due Process Grounds as well (Marriage as a fundamental right a la "Loving V. Virginia"), but small potatoes I suppose since they both fall under the 14th Amendment.

Yeah, but fundamental rights typically implicate both clauses and when it is so substantially related to a specific class of individuals, it almost always involves a more in-depth EP analysis.

 

[No1]

wait is there another law student/lawyer in HL?

There a bunch of lawyers on the coli. People just know me because I moderate HL, I reference people who know more about a subject of law than I do all the time. I do commercial litigation, labor and employment law (all primarily from the employer/management side). When you get outside of that then you're talking about shyt that I don't specialize in.

 

[Mook]

There a bunch of lawyers on the coli. People just know me because I moderate HL, I reference people who know more about a subject of law than I do all the time. I do commercial litigation, labor and employment law (all primarily from the employer/management side). When you get outside of that then you're talking about shyt that I don't specialize in.

It should still apply since it's still in the USA jurisdiction.

 

[☑︎#VoteDemocrat]

That's not whats being argued. What's being argued is that the 14th Amendment hasn't historically been applied to Puerto Rico. Not all constitutional requirements apply to everybody. For instance, the 5th Amendment requirement that all serious felony trials be preceded by Grand Jury indictment is only binding on the Federal Govt. and not the states, aren't the rest of the states American?

It's a solid legal argument he's making, you're differing based on personal opinion.

Yes, but they do not have all the same rights as Americans. That's his argument. He's saying that the equal protection clause of the 14th amendment has not historically been applied to Puerto Rico and that is where the justification for same-sex marriage derives from. It's a pretty sound argument.

I knew this all came to light since PR can't pay their bills due to not being able to restructure their loans since they're not states...but...I'm not seeing what makes this different.

 

[MAKAVELI25]

I knew this all came to light since PR can't pay their bills due to not being able to restructure their loans since they're not states...but...I'm not seeing what makes this different.

Historical precedent matters, "stare decisis" is a hugely important part of the law. The fact that the 14th Amendment hasnt been historically applied to PR is hugely significant, anyone with legal training would tell you the same.

"Oberfell V. Hodges" was decided under the 14th Amendment (Due Process as well as Equal Protection clauses made binding upon the states). If the 14th Amendment doesn't apply to PR then neither should "Oberfell". Not ironclad, but a solid legal argument nonetheless.




And btw, I'm pro gay marriage, this is just legal analysis.

 

[No1]

It should still apply since it's still in the USA jurisdiction.

That has not been clearly articulated by the SCOTUS. For example, it's unclear of people from American Samoa have birthright US citizenship. That is currently before the SCOTUS. Whether US laws and rights apply to territories without an explicit congressional statement has been subject to debate time and again. I am not an expert, but these issues go under what are known as the Insular Cases. He is relying on that. His argument is not without merit, but the SCOTUS will have an opportunity to speak on that issue in the American Samoa case if it chooses to.

 

[hayesc0]

Why aren't some of these territories states yet?

 

[The Fukin Prophecy]

Why aren't some of these territories states yet?

Because they want all the benefits of being American without having to adhere to our laws and taxes...

 

[toomanydoses]

states can't violate the supremacy clause let alone a territory.

 

[hayesc0]

Because they want all the benefits of being American without having to adhere to our laws and taxes...

That shyt needs to change.

 

[☑︎#VoteDemocrat]

Why aren't some of these territories states yet?

Good question. The Dominican Republic almost got cannibalized

 

[shhh-kull & bones]

That shyt needs to change.

HOW ?WHAT ARE YOU PROPOSING ?

 

[hayesc0]

HOW ?WHAT ARE YOU PROPOSING ?

Need to become a state I dont pretend to know all the red tape involved.