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KamaAina

(78,249 posts) Wed Mar 9, 2016, 12:18 AM Mar 2016

Federal Judge Rules Supreme Court's Same-Sex Marriage Ruling Does Not Apply to Puerto Rico

http://www.thenewcivilrightsmovement.com/davidbadash/breaking_federal_judge_rules_supreme_court_s_same_sex_marriage_ruling_does_not_apply_to_puerto_rico

In a stunning decision a federal judge has ruled that the Supreme Court's decision almost a year ago that found same-sex couples have a constitutional right to marry does not automatically apply in the U.S. territory of Puerto Rico.

The decision affects nearly 3.5 million people in the commonwealth.

"Because Puerto Rico is an unincorporated territory, the Supreme Court’s ruling on same-sex couples’ marriage rights does not automatically apply there, U.S. District Court Judge Juan Pérez-Giménez ruled in a 10-page decision," Chris Geidner at Buzzfeed just reported.

UPDATE I: 7:37 PM EST –
Geidner points to this key portion of Judge Pérez-Giménez's ruling, noting that Puerto Rico is an unincorporated territory and not an "incorporated territory surely destined for statehood."

"Unincorporated territory"?! No, Judge Baboso

, it's an estado libre asociado -- a very much incorporated commonwealth.

So does the rest of the Constitution apply there?

3 replies

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Federal Judge Rules Supreme Court's Same-Sex Marriage Ruling Does Not Apply to Puerto Rico (Original Post) KamaAina Mar 2016 OP

Ummmm. Agschmid Mar 2016 #1

Strange! Sounds like selective interpretation to me and a play on words to support BIGOTRY by him! RKP5637 Mar 2016 #2

Sounds unconstitutional to me. mwooldri Mar 2016 #3

Agschmid

(28,749 posts)

1. Ummmm.

Reply to KamaAina (Original post)

Wed Mar 9, 2016, 12:18 AM

Mar 2016

RKP5637

(67,086 posts)

2. Strange! Sounds like selective interpretation to me and a play on words to support BIGOTRY by him!

Reply to KamaAina (Original post)

Wed Mar 9, 2016, 12:21 AM

Mar 2016

mwooldri

(10,299 posts)

3. Sounds unconstitutional to me.

Reply to KamaAina (Original post)

Wed Mar 9, 2016, 01:53 AM

Mar 2016

I'll refrain from copying and pasting Article 3 Section 2 - the part that says the Supreme Court's remit extends to ALL cases. Not some of them. Plus Puerto Rico is not a foreign state.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Sorry. I couldn't hold it in any longer. Here's part of it. Amendment 11 overrules part of it... but Puerto Rico isn't a Foreign State so that doesn't apply.

We could take it to the Supreme Court.... to prove that US law does apply in PR. No exceptions.

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