Judge overturns California's ban on same-sex marriage

Aug 4, 2010 | Posted by: Topix | Full story: www.cnn.com

A federal judge in California has knocked down the state's voter-approved ban on same-sex marriage, ruling Wednesday that the state's controversial Proposition 8 violates the U.S. Constitution.

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#183437
Mar 15, 2013
 

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Big D wrote:
<quoted text>
In history Christians were murdered for fun and entertainment,
In history black people here were slaves
For a majority of our history women were denied the vote
Just because something was true a long time ago, doesn’t mean it should still be that way.
There is no link between the legal right to marry and procreation, I don’t care of you say it or some politician says it, it is still dead wrong.
You cannot force people to have children, you cannot deny people the right to marry based on if they can have children, the law does not automatically break apart any marriages based upon if they had children or not.
We have been over this already, it already failed in court and you have already failed here. Procreation is NOT and has NEVER been a requirement to get or be married.
Great post.
The simple fact is, you don't have to be able to procreate in order to marry. It's a non issue.
People will continue to procreate because doing so is a possible result of having sex. Gay marriage won't change this.
Prop 8 Unconstitutional

Tempe, AZ

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#183438
Mar 15, 2013
 

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Dont think so wrote:
<quoted text>
Where does it say anything about gays in the constitution? Funny how your poll doesn't add up to how many voted against gay marriage being a legal status!
Hey OH great ignorant one the Constitution does NOT have to list gays! Gays are full citizens entitled to the very same rights as you do and our therefore covered the same as you in the Constitution! Try again,epic fail! Your personal moral beliefs are not nor have they ever been part of "Secular" society! Constitution trumps the bible and your personal morals! You are simply a one trick pony and your posts have been refuted and shown over and over to be Unconstitutional and insignificant as far as said Constitution and the guaranteed rights afforded by "OUR" Constitution! Again majority votes cannot remove Constitutional rights,the very same one's you enjoy whether gay or straight!

Since: Apr 11

Los Angeles, CA

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#183440
Mar 15, 2013
 

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Randy -Rock- Hudson wrote:
<quoted text>
But, D, we are not forcing our views upon you, we are telling you that your ideas do not fit the mold. Your side is forcing its views upon the rest of us, and forcing us, the majority of taxpayers, to witness the diversion of our majority of funds, to go toward supporting an already stipulated minority.
Bigfoot, nobody is forcing you to marry someone of the same sex. And gay people pay taxes, too, stupid. People are promised equal protection under the law, even if they don't "fit the mold".
Prop 8 Unconstitutional

Tempe, AZ

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#183441
Mar 15, 2013
 

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Dont think so wrote:
<quoted text>
10 states, not quite the majority of the states, not even half, not as swift and as popular as you would like to believe or make other believe it is! That's only 1/5!
I'm not denying you any rights, there is your perpetuated lie, no one has actually stepped in at gunpoint or by force and stopped any gay couple from getting married.
This is the land of the free, and we were free to vote, and have our votes be counted and valued. But you stepped in and stomped all over our rights and vote. So be it, you want the same thing you want to deny others!
So you see even by your own admittance 18,000 gay couples have gotten married, no one was thrown in jail, denied the right to get married, or even denied by force to get married, it did not harm anyone nor did it stop their happiness. So you see your own point is mute! They are not being denied anything, their rights to marry are not being stopped in any way, nor has it taken away their happiness. Legally the voters said this is not their view as the traditional form of marriage between a man and woman!
But you go right ahead and beat your views over the majority of Americans heads! Makes us feel so free!
10 now! How many were there 10 years ago? And most likely a couple more this year! Coming to a state near you sooner than you think! Especially when the Supreme court again overturns DOMA and Upholds Prop 8 as Unconstitutional this June! What then? You won't have to like it but it will be a fact of life and you will have to live with it! Your logic and your critical thought processes are very flawed to say the least! You have an obviously bad take on "OUR" Constitution and Bill of rights! Again they are for all Americans and not just straight one's! How about you stop using gay taxes for your marriage benefits? LOL

“CAPS LOCK CAUSE CLIMATE CHANGE”

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#183442
Mar 15, 2013
 

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Xavier Breath wrote:
You don't have two brain cells to rub together, do you?
Have you noticed how often gender segregation marriage supporters insult their political opponents? It's as if they don't care about other human beings; that's why we shouldn't let them change marriage laws.

Not to mention; ad hominem arguments are fallacies.

Since: Apr 11

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#183443
Mar 15, 2013
 

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Dont think so wrote:
<quoted text>
As long as you don't force your ideas on gay marriage on my beliefs of traditional marriage and those who see marriage as historical & traditional form of union between a man and woman.
No one is forcing tyranny on you, but you are forcing others to change their views to fit yours.
Nobody is trying to get you to change your stupid beliefs. You're too dumb and bigoted to be able to do that. Just keep them to yourself. OK?
Dont think straight wrote:
If all it is to you is a piece of paper, why not go to these other cultures and get married, why seek to do it with in the government ?
Stupid, this is the US, and the government is *obligated* to give all citizens equal protection under the law.
Dont think wrote:
Because its not about wanting to prove your love legally it's about insurance and other types of benefits.
If that were true, gay people could just marry friends of the opposite sex. Or get "mail order" spouses.
Dont think wrote:
This is the land of the free, you are free to get married in any form you want, but you cannot change the governments views or the majority of the peoples views and we are free to vote that the traditional and historic view of marriage stay the way it is without you forcing your views on us.
That's why your view of marriage was voted out. Yet you want to bypass the will of the people and use liberal gay judges with bias to change the vote.
Now that is tyranny, the few forcing the majority to conform to their views and way of thinking, forcing their version of political correctness. You think if you yell loud enough you can throw out the votes of the majority!
Seems you missed the news about states that voted in gay marriage by popular vote.

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Mar 15, 2013
 

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Rose_NoHo wrote:
But then you argue against gay marriage, and that is saying there is something wrong with homosexuals and homosexuality....
No, there is nothing wrong with homosexuals or homosexuality; the issue is about marriage laws, not sexuality. I've never advocated against sexuality; I've advocated against redefining marriage to satisfy sexual predilection.

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Pietro Armando wrote:
But Jones went further in his ruling, saying Nevada had a legitimate state interest in defining marriage as it did.

"The perpetuation of the human race depends upon traditional procreation between men and women," Jones wrote.

It is "conceivable," he wrote, that if gay marriage is legalized, "a meaningful percentage of heterosexual persons would cease to value the civil institution as highly as they previously had and hence enter into it less frequently ... because they no longer wish to be associated with the civil institution as redefined, leading to an increased percentage of out-of- wedlock children, single-parent families, difficulties in property disputes after the dissolution of what amount to common law marriages in a state where such marriages are not recognized, or other unforeseen consequences."

Jones added, "Because the family is the basic societal unit, the State could have validly reasoned that the consequences of altering the traditional definition of civil marriage could be severe."

Thanks! Great post!
Big D

Modesto, CA

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#183450
Mar 15, 2013
 

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Dont think so wrote:
<quoted text>
10 states, not quite the majority of the states, not even half, not as swift and as popular as you would like to believe or make other believe it is! That's only 1/5!
I'm not denying you any rights, there is your perpetuated lie, no one has actually stepped in at gunpoint or by force and stopped any gay couple from getting married.
This is the land of the free, and we were free to vote, and have our votes be counted and valued. But you stepped in and stomped all over our rights and vote. So be it, you want the same thing you want to deny others!
So you see even by your own admittance 18,000 gay couples have gotten married, no one was thrown in jail, denied the right to get married, or even denied by force to get married, it did not harm anyone nor did it stop their happiness. So you see your own point is mute! They are not being denied anything, their rights to marry are not being stopped in any way, nor has it taken away their happiness. Legally the voters said this is not their view as the traditional form of marriage between a man and woman!
But you go right ahead and beat your views over the majority of Americans heads! Makes us feel so free!
Yes you are, there are over a hundred thousand legally recognized same sex marriages and you want to deny other same sex couples the same right.

Yes you are

In those 10 states, one district and one state that recognizes them preformed in other states, not one church was forced to preform anything, not one person was forced into a same sex marriage.

The tide is turning swiftly, come June at the least California will be the next state, and it will continue, because it is right, and just and it is a part of the freedom we celebrate in this country.

There is no turning back now, Same sex marriage is already legal, there are 18,000 of them in California right now, and over a hundred thousand of them across the nation.

Freedom, equality, Justice, every patriot should be on the same bandwagon

You are stuck on the vote? Mind if we vote on it again? because on the outside chance that the Supreme court comes down on the wrong side that is exactly what will happen, and the polls already show that same sex marriage would pass in a walk.

But that won’t happen, hundreds of major businesses have already petitioned the supreme court calling the recognizing of same sex marriage across all 50 states has become a business imperative, many conservatives are now backing same sex marriage, you ship has already sailed, never to return.

Don’t be too proud of that vote, a church organization saw a swiftly closing window and pushed money to have the vote at that time knowing that if voted upon later Prop 8 would fail.

I can get signatures of brown eyed people to deny blue eyed people the vote, and pass it with the majority of brown eyed people, it would be stuck down ( and rightly so ) just as prop 8 is being struck down.

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#183451
Mar 15, 2013
 

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Big D wrote:
Translation.... Just because you want freedom, equality, and justice, does not mean you should not respect my right to deny you freedom equality and justice. What a pile of crap
I disagree. I think the issue is state's rights, not freedom or equality. There is no gender equality right in the Constitution and you have the freedom to live as you please now; the issue is marriage law, not the individual.

“Vita e' Bella.”

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Mar 15, 2013
 

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Prop 8 Unconstitutional wrote:
<quoted text>
Well then,I guess you haven't seen the all the latest national polls which are in fact now in favor of marriage equality by 52%! And how about reading the 14th Amendment to the Constitution and get back to us! You simply represent the tyranny of the majority and think that your personal beliefs should be able to circumvent the rights afforded us all in the Constitution and Bill of rights!
The Constitutional reasons why Prop 8 and other bans on marriage equality are in fact Unconstitutional!
www.afer.org/our-work/our-arguments
The summery of the Iowa Supreme court decision overturning the ban in that state and why the ban was in fact Unconstitutional!
http://www.desmoinesregister.com/assets/pdf/D... (read the section entitled"Equal protection clause"
But in his August 8 ruling Judge Alan C. Kay, a Reagan appointee, found that Hawaii’s legislature had a legitimate interest in legislating on behalf of traditional marriage.“Throughout history and societies, marriage has been connected with procreation and childrearing,” wrote Kay in his decision, which ran to 117 pages.“… It follows that it is not beyond rational speculation to conclude that fundamentally altering the definition of marriage to include same-sex unions might result in undermining the societal understanding of the link between marriage, procreation, and family structure.” He added that “to suddenly constitutionalize the issue of same-sex marriage ‘would short-circuit’ the legislative actions that have been taking place in Hawaii.... Accordingly, because Hawaii’s marriage laws are rationally related to legitimate government interests, they do not violate the federal Constitution.”&#8232;
Prop 8 Unconstitutional

Tempe, AZ

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#183453
Mar 15, 2013
 

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Dont think so wrote:
<quoted text>
As you do on the voting process and the rights of individuals to cast a vote and that it will be valued and upheld when it is the vote of the majority! Screw political correctness! If the minority can supersede the majority vote we as Americans are in trouble and that includes you, because it works both ways, what goes around comes around as the saying goes!
And again,the Constitution trumps majority vote if said vote is RULED Unconstitutional! The courts are doing their job and exactly what they are supposed to do! UPHOLD the Constitution! These facts can't seem to pierce that thick skull of yours! Majority doesn't mean squat if something is Unconstitutional! How very un american of you!

Since: Apr 11

Los Angeles, CA

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#183454
Mar 15, 2013
 

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Dont think so wrote:
<quoted text>
Again you are confused. You can get married and may gays do in their own ceremonies, its just not recognized in the traditional form of marriage between a man and woman legally.(snip)
There are dingleberries smarter than you. The issue is legal recognition, not performing private ceremonies.

Prop 8 Unconstitutional

Tempe, AZ

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#183456
Mar 15, 2013
 

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Big D wrote:
<quoted text>
Yes you are, there are over a hundred thousand legally recognized same sex marriages and you want to deny other same sex couples the same right.
Yes you are
In those 10 states, one district and one state that recognizes them preformed in other states, not one church was forced to preform anything, not one person was forced into a same sex marriage.
The tide is turning swiftly, come June at the least California will be the next state, and it will continue, because it is right, and just and it is a part of the freedom we celebrate in this country.
There is no turning back now, Same sex marriage is already legal, there are 18,000 of them in California right now, and over a hundred thousand of them across the nation.
Freedom, equality, Justice, every patriot should be on the same bandwagon
You are stuck on the vote? Mind if we vote on it again? because on the outside chance that the Supreme court comes down on the wrong side that is exactly what will happen, and the polls already show that same sex marriage would pass in a walk.
But that won’t happen, hundreds of major businesses have already petitioned the supreme court calling the recognizing of same sex marriage across all 50 states has become a business imperative, many conservatives are now backing same sex marriage, you ship has already sailed, never to return.
Don’t be too proud of that vote, a church organization saw a swiftly closing window and pushed money to have the vote at that time knowing that if voted upon later Prop 8 would fail.
I can get signatures of brown eyed people to deny blue eyed people the vote, and pass it with the majority of brown eyed people, it would be stuck down ( and rightly so ) just as prop 8 is being struck down.
And as the old Jethro Tull song goes,"Thick as a brick" He seems to think that a majority vote that violates the Constitution is A-OK in his book! Thick as a brick! It wasn't until 1992 that the Majority of Americans came to believe that it's OK for inter racial marriage! Hard to believe but true! Thank god for Loving V Virginia! Great posts! Constitutionality spot on my friend!
Big D

Modesto, CA

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#183457
Mar 15, 2013
 

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Brian_G wrote:
<quoted text>I disagree. I think the issue is state's rights, not freedom or equality. There is no gender equality right in the Constitution and you have the freedom to live as you please now; the issue is marriage law, not the individual.
You can disagree all you want, but you are on the side that is trying to deny rights to other Americans.

I will not let that stand, I am a patriot.

Even though as a straight person it has no effect on me, still I am a patriot, and a vet, and I will fight for the rights of other Americans, as the tide is swiftly turning, I suspect soon every real patriot will
Big D

Modesto, CA

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#183459
Mar 15, 2013
 

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Prop 8 Unconstitutional wrote:
<quoted text>
And as the old Jethro Tull song goes,"Thick as a brick" He seems to think that a majority vote that violates the Constitution is A-OK in his book! Thick as a brick! It wasn't until 1992 that the Majority of Americans came to believe that it's OK for inter racial marriage! Hard to believe but true! Thank god for Loving V Virginia! Great posts! Constitutionality spot on my friend!
No you have that backwards, the majority cannot do so, as the overturn of Prop 8 has already shown. But it doesn’t matter anyway, another vote now would make same sex legal in California, it will be easy, either way.

But it won’t be needed, with the large numbers of businesses and now many even in the republican leadership supporting the overturn of Prop 8, I don’t see any way the Supreme Court will make the wrong decision.

Prop 8 is already overturned, and the stay on that decision will be lifted soon
Big D

Modesto, CA

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#183460
Mar 15, 2013
 

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Dont think so wrote:
<quoted text>
"yes you are"? Yes I am what? I don't deny anyone from getting married nor does the government. It's a legal status reserved for the traditional definition of marriage between a man and a woman. They are being denied to change a definition, not being denied a right of any kind. Oh the magical fantasy tide is turning, well if this idea make a you happy, that's great. And great freedom and equality are all good but it has nothing to do with changing a definition and legal status that never infringed on any ones right to marry.
But you are infringing on the voting process of America, trying to overturn the will of the voters and the majority because you the 1/5 don't like the outcome, nothing patriotic about that!
so you think if I get the majority of brown eyed people to vote that blue eyed people should not be allowed the vote, that it would stand?

No it would be deemed unconstitutional ( and rightly so )

we are not a nation of mob rule, we are a nation of law.

Our founders made darn sure we were not a nation of mob rule

Since: Apr 11

Los Angeles, CA

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#183461
Mar 15, 2013
 

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Dont think so wrote:
<quoted text>
I have never seen the government step in and deny any gay couple from getting married in and church or venue of their choice, by any one they choose, in any faith they choose. Their human right to get married are NOT being denied. They are just NOT LEGALLY recognized in the traditional form of marriage between a man and a woman, as is also the same view of the majority of Americans.
You are so dumb, you must be a fundie. The only issue is legal recognition.
Dont think so wrote:
Trying to beat others over their heads with your beliefs will not make it true, and trying to devalue the votes and beliefs of others because you don't like it is not equality, you are then stepping on my rights to vote and make that vote count! That is tyranny of the few to overthrow the rights of the many! Standing up for what is the value of society at this point in time is not bigotry!
Sorry, we have a Constitution that counts more than your bigotry. Why do you think we have a Constitution, three branches of government, and don't just vote on everything? Oooops, my bad. I put "you" and "think" in the same sentence.

Since: Apr 11

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#183462
Mar 15, 2013
 

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Dont think so wrote:
<quoted text>
21st century does not mean that all morality has been thrown out the window. And it's true even elderly straight couples get married, but again no one is stopping any gay couple from getting married either, they do all over America, its just that the majority still view and value legally marriage as traditionally between a man and woman, and they did so through their votes. And yes like it or not the marriage ceremony is a form of the parents giving permission for their children to have sex legally and in the eyes of their god, church, and community, so they then dont have to fear that a child will be born out of wedlock or be be bastard. It was never about gays getting together.
Oh, I forgot to ask my parents if I can have sex.
LOL. Poe's Law!

Since: Apr 11

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#183463
Mar 15, 2013
 

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Brian_G wrote:
<quoted text>But Jones went further in his ruling, saying Nevada had a legitimate state interest in defining marriage as it did.
"The perpetuation of the human race depends upon traditional procreation between men and women," Jones wrote.
It is "conceivable," he wrote, that if gay marriage is legalized, "a meaningful percentage of heterosexual persons would cease to value the civil institution as highly as they previously had and hence enter into it less frequently ... because they no longer wish to be associated with the civil institution as redefined, leading to an increased percentage of out-of- wedlock children, single-parent families, difficulties in property disputes after the dissolution of what amount to common law marriages in a state where such marriages are not recognized, or other unforeseen consequences."
Jones added, "Because the family is the basic societal unit, the State could have validly reasoned that the consequences of altering the traditional definition of civil marriage could be severe."
Thanks! Great post!
Look, stupid, gay marriage won't stop people from procreating.

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