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elfin_odalisque said:I aggree with you, but surely there is a battle to fight here and now. I read carson's comments and burst into tears, a bit like with your posts and a Shanglan comment.
Isn't this the time to say that everyone of adult age deserves to nominate who speaks for them if they can't?
Colleen Thomas said:One of the great inequalities that barring gay marriage presents is this. You don't have any say in you rpartner's life or end of life struggles. Even with a batter of proxy's. powers of attorney, etc. if the parents disagree you are facing an uphill court batle.
I knew a very kind gay gentleman who had been living with his partner for over 20 years. When diagnoses with inoperable cancer, I saw the extraordinary lengths he went to, to insure his stranged family didn't try to take the rather large estae from his partner. Especially since they had worked together to build much of it.
It all came to naught. the will is probated, his partner has been forced to seel many of their cherished antiques to support himself though trial after trial. A simple civil union law would have prevented this travesty.
Evil Attorney said:I didn't read past the 1st page, so I may be redundant, but Congress, under article 1, section 8 of the federal constitution, has the right to pass laws laws regarding the jurisdiction of federal courts under Clause 9: To constitute Tribunals inferior to the supreme Court; and its own legislative power to create a cause of action in federal courts.
Also under Art 1, sec 8, under the taxing and spending power, congress has the authority to legislate because that facility recieves medicare or some such federal funds, and even if the smallest fraction of it was used to keep the lights on in her room, then that legislation has a good chance of being sustained under that grounds.
I think what some people are confusing thing here with is called a bill of attainder, banned in Art 1, sec 9, Clause 3: No Bill of Attainder or ex post facto Law shall be passed.
This bans law being passed which circumvent due process, meaning congress can not pass a law declaring you guilty of a crime.
They can legislate that this activty is a crime. They can create a police force (fbi) to arrest you, but the judiciary, under article 3 of the constitution, are the ones who must adjudicate your guilt, not congress.
I don't see why all the panties are in a wad over this. Congress does this kind of thing regularly.