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ItsMeTK t1_jdnmsr1 wrote

Reply to comment by LackingUtility in Transgender couple considering moving to Boston by pinkrosxen

> The Mass Supreme Judicial Court found created a right to gay marriage in our state constitution

FTFY

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LackingUtility t1_jdnnveh wrote

No, you didn’t. It has always been in there, they just finally realized it. “Creating” a right would require changing the text via an amendment.

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ItsMeTK t1_jdnqg0e wrote

Nah, it’s like when Roberts created the Obamacare mandate by saying it would be legal if they called it a tax. So they suddenly decided to call it a tax and bam we were saddled with unconstitutional extortion for decades.

Or when the House capped their number at 435 because it didn’t technically violate the text, while overlooking the whole spirit of representative government by population.

Or when SCOTUS created a right to abortion in Roe and later in Casey (which Dobbs has since stated was created, and thus struck down).

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LackingUtility t1_jdnque1 wrote

Agreed on the first two, except that the ACA was created by republicans.

And Dobbs reversed over a hundred years of precedent. It’s a bad decision, poorly reasoned, and will go down in history with Dred Scott.

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