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Thread: Court: Calif. ban on gay marriage is unconstitutional

  1. #1
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    Court: Calif. ban on gay marriage is unconstitutional

    http://www.msnbc.msn.com/id/46294255.../#.TzGJ1uTwuIA

    SAN FRANCISCO — A federal appeals court has declared California's Proposition 8 unconstitutional, paving the way for a likely U.S. Supreme Court showdown on the voter-approved law.

    A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 that a lower court judge correctly interpreted the U.S. Constitution when he declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians.

    "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples," said Judge Stephen Reinhardt in the majority opinion. "The Constitution simply does not allow for 'laws of this sort'."

    The passage of the ban followed the most expensive campaign on a social issue in U.S. history.
    It was unclear when gay marriages might resume in California.

    Lawyers for Proposition 8 sponsors and for the two couples who successfully sued to overturn the ban have said they would consider appealing to a larger panel of the court and then the U.S. Supreme Court if they did not receive a favorable ruling.

    "Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted," the ruling states.

    The panel also said there was no evidence that former Chief U.S. Judge Vaughn Walker was biased and should have disclosed before he issued his lower-court decision that he was gay and in a long-term relationship with another man. Walker publicly revealed he was gay after he retired.

    Proposition 8 backers had asked the 9th Circuit to set aside Walker's ruling on constitutional grounds and because of the judge's personal life. It was the first instance of an American jurist's sexual orientation being cited as grounds for overturning a court decision.

    Walker's successor as the chief federal judge in Northern California, James Ware, rejected the claims about Walker's personal life.

    California voters passed Proposition 8 with 52 percent of the vote in November 2008, five months after the state Supreme Court legalized same-sex marriage by striking down a pair of laws that had limited marriage to a man and a woman.

    The ballot measure inserted the one man-one woman provision into the California Constitution, thereby overruling the court's decision. It was the first such ban to take away marriage rights from same-sex couples after they had already secured them.

    The Williams Institute on Sexual Orientation and the Law, a think tank based at the University of California, Los Angeles, has estimated that 18,000 couples married during the four-month window before Proposition 8 took effect. The California Supreme Court upheld those marriages but ruled that voters had properly enacted the law.

    With same-sex marriages unlikely to resume in California any time soon, Love Honor Cherish, a gay rights group based in Los Angeles, plans to start gathering signatures for a November ballot initiative asking voters to repeal Proposition 8.

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    Good luck JJ.
    If you want an advocate for gay men marrying castrated catamites or pedophilic gay short term marriages just contact Xcaliber and Daewoo.
    Yeah I know..sick arent they?
    Richard Dawkins quote..
    .'I dont think its a very important question whether Jesus existed. Some historians.. MOST historians think he did.
    I dont really care, precisely because its petty. Maybe I've alluded to the possibilty that some historians think Jesus never existed. I take that back Jesus existed........

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    Quote Originally Posted by gansao View Post
    Good luck JJ.
    If you want an advocate for gay men marrying castrated catamites or pedophilic gay short term marriages just contact Xcaliber and Daewoo.
    Yeah I know..sick arent they?
    You get bitch slapped in one thread so you decide to spread the news?...

    Was there ever any doubt they would find Prop8 unconstitutional? The same fate awaits DOMA ... as soon as the Court will hear the case.
    "You're too stupid to be saved." -- EasyRider.


    "Is God willing to prevent evil, but not able? Then he is not omnipotent.
    Is he able, but not willing? Then he is malevolent.
    Is he both able and willing? Then whence cometh evil?
    Is he neither able nor willing? Then why call him God?"
    Epicurus

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    Quote Originally Posted by Xcaliber View Post
    You get bitch slapped in one thread so you decide to spread the news?...

    Was there ever any doubt they would find Prop8 unconstitutional? The same fate awaits DOMA ... as soon as the Court will hear the case.
    I dont know how you can show your face around here seeing as you insulted the notion of gay marriage. Oh its because you are a XXXXX..of course
    Richard Dawkins quote..
    .'I dont think its a very important question whether Jesus existed. Some historians.. MOST historians think he did.
    I dont really care, precisely because its petty. Maybe I've alluded to the possibilty that some historians think Jesus never existed. I take that back Jesus existed........

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    Quote Originally Posted by jazyjason View Post
    Court: Calif. ban on gay marriage is unconstitutional - US news - Life - msnbc.com

    SAN FRANCISCO — A federal appeals court has declared California's Proposition 8 unconstitutional, paving the way for a likely U.S. Supreme Court showdown on the voter-approved law.

    A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 that a lower court judge correctly interpreted the U.S. Constitution when he declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians.
    What a surprise. The pro Sodom and Gomorrah 9th Circus Court of most overturned decisions makes Jazy's day.

    Well, there's a higher court, both on earth and in heaven, and your little butt-headed, constitutionally-challenged liberal jurists are themselves going to take this ruling right in their shorts.
    “For the scientist who has lived by his faith in the power of reason, the story ends like a bad dream. He has scaled the mountains of ignorance; he is about to conquer the highest peak; as he pulls himself over the final rock, he is greeted by a band of theologians who have been sitting there for centuries.” - Robert Jastrow

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    Quote Originally Posted by Easyrider View Post
    What a surprise. The pro Sodom and Gomorrah 9th Circus Court of most overturned decisions makes Jazy's day.

    Well, there's a higher court, both on earth and in heaven, and your little butt-headed, constitutionally-challenged liberal jurists are themselves going to take this ruling right in their shorts.
    No, there isn't . . . and no, they're not.
    Religion is the placebo of the masses - House.
    If you could reason with religious people, there would be no religious people - House.
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    Quote Originally Posted by jazyjason View Post
    Court: Calif. ban on gay marriage is unconstitutional - US news - Life - msnbc.com

    SAN FRANCISCO — A federal appeals court has declared California's Proposition 8 unconstitutional, paving the way for a likely U.S. Supreme Court showdown on the voter-approved law.

    A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 that a lower court judge correctly interpreted the U.S. Constitution when he declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians.

    "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples," said Judge Stephen Reinhardt in the majority opinion. "The Constitution simply does not allow for 'laws of this sort'."

    The passage of the ban followed the most expensive campaign on a social issue in U.S. history.
    It was unclear when gay marriages might resume in California.

    Lawyers for Proposition 8 sponsors and for the two couples who successfully sued to overturn the ban have said they would consider appealing to a larger panel of the court and then the U.S. Supreme Court if they did not receive a favorable ruling.

    "Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted," the ruling states.

    The panel also said there was no evidence that former Chief U.S. Judge Vaughn Walker was biased and should have disclosed before he issued his lower-court decision that he was gay and in a long-term relationship with another man. Walker publicly revealed he was gay after he retired.

    Proposition 8 backers had asked the 9th Circuit to set aside Walker's ruling on constitutional grounds and because of the judge's personal life. It was the first instance of an American jurist's sexual orientation being cited as grounds for overturning a court decision.

    Walker's successor as the chief federal judge in Northern California, James Ware, rejected the claims about Walker's personal life.

    California voters passed Proposition 8 with 52 percent of the vote in November 2008, five months after the state Supreme Court legalized same-sex marriage by striking down a pair of laws that had limited marriage to a man and a woman.

    The ballot measure inserted the one man-one woman provision into the California Constitution, thereby overruling the court's decision. It was the first such ban to take away marriage rights from same-sex couples after they had already secured them.

    The Williams Institute on Sexual Orientation and the Law, a think tank based at the University of California, Los Angeles, has estimated that 18,000 couples married during the four-month window before Proposition 8 took effect. The California Supreme Court upheld those marriages but ruled that voters had properly enacted the law.

    With same-sex marriages unlikely to resume in California any time soon, Love Honor Cherish, a gay rights group based in Los Angeles, plans to start gathering signatures for a November ballot initiative asking voters to repeal Proposition 8.
    Welcome back.
    It's well-known that this is pretty much just a step to SCOTUS (where legal folks expect Prop 8 to be upheld). No one is surprised 9th circuit here--they typically rule this way.
    “We must reject the idea that every time a law’s broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.” - Reagan

    "A young man who wishes to remain a sound atheist cannot be too careful of his reading."
    - C. S. Lewis

    "I suffer more harassment as a former homosexual than I ever did as an out and proud homosexual." - Greg Quinlan, PFOX

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    Quote Originally Posted by jyoshu View Post
    Welcome back.
    It's well-known that this is pretty much just a step to SCOTUS (where legal folks expect Prop 8 to be upheld). No one is surprised 9th circuit here--they typically rule this way.
    I'm hardly back. Just decided to drop the good news bomb on all of you. My life is far too hectic to really follow the forum anymore. Besides it's the same back and forth nonsense that goes nowhere quickly.

    Which by the way I doubt it will reach SCOTUS or that they have the time to listen to it. They already have the health care law, and immigration to handle. My guess is the 9th's ruling will be upheld.

    And if that's the case my partner and I (which we are already engaged) will be legally wed when this whole debacle is through.

    Funny. The sky isn't falling nor is it raining toads is it?

  9. #9
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    It's a move of Satan in the 9th Circus Court.
    “For the scientist who has lived by his faith in the power of reason, the story ends like a bad dream. He has scaled the mountains of ignorance; he is about to conquer the highest peak; as he pulls himself over the final rock, he is greeted by a band of theologians who have been sitting there for centuries.” - Robert Jastrow

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    I feel sick. Judges are the worst of the common law outlook. One panel, one committee can countermand the acts of both the executive and legislative branch, and further their decisions are permanent.
    Morals are a religious Myth.. - Xcaliber
    How is Evil Immoral? - Xcaliber
    I am right until you prove otherwise - Xcaliber

  11. #11
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    Quote Originally Posted by jyoshu View Post
    Welcome back.
    It's well-known that this is pretty much just a step to SCOTUS (where legal folks expect Prop 8 to be upheld). No one is surprised 9th circuit here--they typically rule this way.
    What Legal folks are you referring to?..

    When and if this reaches the Supreme Court it is most likely they will rule in favor of the opposition to Prop 8. Only a Lawyer who support Prop 8 would claim that it will be upheld... Lest we forget this is the second ruling , both of which have found Prop 8 unconstitutional.
    "You're too stupid to be saved." -- EasyRider.


    "Is God willing to prevent evil, but not able? Then he is not omnipotent.
    Is he able, but not willing? Then he is malevolent.
    Is he both able and willing? Then whence cometh evil?
    Is he neither able nor willing? Then why call him God?"
    Epicurus

  12. #12
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    Quote Originally Posted by Xcaliber View Post

    When and if this reaches the Supreme Court it is most likely they will rule in favor of the opposition to Prop 8.
    In your dreams. SCOTUS is going to reinstate Prop 8 five to four. And the Sodomites won't have to like it.
    “For the scientist who has lived by his faith in the power of reason, the story ends like a bad dream. He has scaled the mountains of ignorance; he is about to conquer the highest peak; as he pulls himself over the final rock, he is greeted by a band of theologians who have been sitting there for centuries.” - Robert Jastrow

  13. #13
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    A very good day, and joyous news. Justice does exist.

    I find it very interesting that those here who oppose this decision have not read judge Walkers ruling. Ted Olson and David Boise are not stupid. They know exactly what the Justices of the SCOTUS are looking for and what kind of facts will win the case.

    Our side has shown over and over again the injustice of the majority. The other side has shown over and over again that PRop8's only reason for being is Animus towards gay people. I have no doubt that the justices will rule PROP 8 unconstitutional 9-0 or 7-2 the facts in the case are over whelming and even the anti gay nut case Scalia may strike down prop8.
    -----------------------------------------------------------------------------

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    Quote Originally Posted by jazyjason View Post
    I'm hardly back. Just decided to drop the good news bomb on all of you. My life is far too hectic to really follow the forum anymore. Besides it's the same back and forth nonsense that goes nowhere quickly.

    Which by the way I doubt it will reach SCOTUS or that they have the time to listen to it. They already have the health care law, and immigration to handle. My guess is the 9th's ruling will be upheld.
    Do you not realize that the two lawyers pushing this for the gay pride movement are trying to get it to SCOTUS?
    Pretty much every commentator I've read believes the Supreme Court certainly will take it up.
    “We must reject the idea that every time a law’s broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.” - Reagan

    "A young man who wishes to remain a sound atheist cannot be too careful of his reading."
    - C. S. Lewis

    "I suffer more harassment as a former homosexual than I ever did as an out and proud homosexual." - Greg Quinlan, PFOX

  15. #15
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    Quote Originally Posted by Easyrider View Post
    In your dreams. SCOTUS is going to reinstate Prop 8 five to four. And the Sodomites won't have to like it.

    Look doofus, the Supreme Court has already ruled 14 times that Marriage is a Fundamental Right.. they are never going to uphold a Law which tramples on the rights of American Citizens... no matter how much you pray for it.
    "You're too stupid to be saved." -- EasyRider.


    "Is God willing to prevent evil, but not able? Then he is not omnipotent.
    Is he able, but not willing? Then he is malevolent.
    Is he both able and willing? Then whence cometh evil?
    Is he neither able nor willing? Then why call him God?"
    Epicurus

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