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Thread: Prop 8 - gay marraige in California overturned

  1. #1
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    Default Prop 8 - gay marraige in California overturned

    A District Judge overruled the results.

    Here is the decision (the rationale starts on page 109).....

    http://www.foxnews.com/projects/pdf/...ling-FINAL.pdf

    From here it goes to the 9th circuit of appeals, where the decision will likely be upheld, and then the SCOTUS. If the SCOTUS upholds the decision the people who came up with the proposition will learn a lesson in unintended consequences.

    Oh, this isn't a case of a liberal activist judge; this judge was a Reagan appointee.
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  2. #2

    Default Re: Prop 8 (gay marraige in California overturned

    This isn't a suprise since the Judge is gay himself. I have no idea how issues like this get on a ballot in California, but don't they have to prove that it's constitutional to begin with? If so, I could see it getting overturned by SCOTUS, if not then you're right about unintended consequences.

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    World Champ ODH's Avatar
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    Default Re: Prop 8 (gay marraige in California overturned

    It is funny how this happened so soon after the Supreme Court overturned Chcago's gun ban law...
    Either or both actions could be called "legislating from the bench"... To my conservative friends, do you feel you can justify one action as the courts being activist while the other is not?

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    World Champ ODH's Avatar
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    Default Re: Prop 8 (gay marraige in California overturned

    Quote Originally Posted by quinn14 View Post
    ... I have no idea how issues like this get on a ballot in California, but don't they have to prove that it's constitutional to begin with? ...
    There is no requirement for a law to be deemed constitutional for it to become effective That is the role of the courts. The legislature does not ask the court to decide if a bill is constitutional and the courts only have the authority to overturn a law if a case is brought before them.

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    Super Moderator UGLY's Avatar
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    Default Re: Prop 8 (gay marraige in California overturned

    I read some of the decision and it makes sense why they overturned it, if the 14th amendment is held to protect marriages they cited numerous cases that say it does. That is the hinge point and the fact that the court ruled the proposition was causing the repression of a certain group because of a choice they make. I dont know if it will hold up but if it does I dont think this was a stretch. The decision was well thought out and well supported.

    I do believe that this does open the door for polygamist to be legally married?

    The Chicago gun hand gun ban was unconstitutional, so says the 2nd amendment.

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    Default Re: Prop 8 (gay marraige in California overturned

    Quote Originally Posted by UGLY View Post
    That is the hinge point and the fact that the court ruled the proposition was causing the repression of a certain group because of a choice they make.
    (boldface added by me)

    I didn't read the decision, but if it was based on homosexuality being a choice, then I don't agree with it. I am in favor of legalization of gay marriage because I (and most informed others) believe that it is not a choice, but an inherited trait. It is probably akin to left handedness. You can learn to write with your right hand, but it isn't comfortable or natural.
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    Super Moderator UGLY's Avatar
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    Default Re: Prop 8 (gay marraige in California overturned

    The decision did not say because of a choice. It said that it was discriminatory toward a group of people who were kept from marrying the person of their choice.

  8. #8
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    Default Re: Prop 8 (gay marraige in California overturned

    Quote Originally Posted by UGLY View Post
    The decision did not say because of a choice. It said that it was discriminatory toward a group of people who were kept from marrying the person of their choice.
    Oh . . . nevermind then. Good decision.

    . . . and I'm not trying to reopen the gay choice/not a choice debate.
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    Super Moderator UGLY's Avatar
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    Default Re: Prop 8 (gay marraige in California overturned

    Here some of the decision

    58. Proposition 8 places the force of law behind stigmas against
    gays and lesbians, including: gays and lesbians do not have
    intimate relationships similar to heterosexual couples; gays
    and lesbians are not as good as heterosexuals; and gay and
    lesbian relationships do not deserve the full recognition of
    society.

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