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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“Vita e' Bella.”

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#183452
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:
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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:
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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:
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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:
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"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:
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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:
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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.
Big D

Modesto, CA

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#183465
Mar 15, 2013
 

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Dont think so wrote:
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The majority vote has always ruled in America, as well as their votes, you want to throw out the voting process but want it upheld when it comes to votes that go your way? Lol! Yep UR thick as a brick!
Your misunderstanding is that the "belief" that marriage is between a man and a woman, can violate anyone's right! It does even stop gays from marring or being happy, it's a belief, a legal status, not something that is being taken away from anyone. You can't take a "belief" away from someone who does not believe in it to begin with.
Unlike inter racial marriages that were denied completely, gay marriage has never been physically denied or made illegal in the sense that if they married they would be thrown in jail! Come on! Do you people just make this up as you go?
Again

I can make a petition to deny blue eyed people the vote, pass it with the majority of brown eyed people and it would be struck down as unconstitutional, as many such bills have been struck down.

You need to learn about our country before you post

we are not a nation of mob rule, we are not a pure democracy

we are also a republic, a nation of law. We are a representative democratic republic ( look it up )

What country do you come from that you know so little of the United States?

Since: Apr 11

Los Angeles, CA

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#183468
Mar 15, 2013
 

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Dont think so wrote:
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OK here is what is the matter with this movement you say is sweeping the US, you want to call my beliefs stupid, and dumb
They are.
Dont think so wrote:
yet we are to respect and defend, as little-d pointed out, only 1/5 of the country beliefs, the minority of America not the majority?
I really don't think people care about your respect. I think they want you to mind your own business.
Dont think so wrote:
You call anyone who doesn't fall in line with this political correctness you are beating over the majority of Americans heads as bigots,
What should I call people who want to deny others equal rights?
Dont think so wrote:
and want us to "keep our beliefs to ourselves" but you want to say what ever you believe?
I forget how stupid you are! When I say keep your beliefs to yourselves, I mean don't use the law to impose them on others.

Don't like the idea of gay marriage, don't marry someone of the same sex. See the difference?
Dont think so wrote:
Well that's mighty democratic of you! And under the law my vote, and the votes of the majority of Americans should be upheld and valued, they are obligated to make sure the voting process is upheld!
Not if the votes go against the Constitution.
Dont think so wrote:
Without this country might as well convert to communism! Didn't miss any news, but as your buddy little-d pointed out, actually that was 1/5 of the states who have caved into this bully type political correctness from the gay communities! Glad to know the other 4/5 have held their ground!
You're on the wrong side of history.

Since: Apr 11

Los Angeles, CA

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#183470
Mar 15, 2013
 

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Dont think so wrote:
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Oh yes, when you can't beat your beliefs into someone else's head you revert to calling them dumb and bigots!! Well then I'm as dumb as that other 4/5 of Americans who disagree with you!
"Nobody ever went broke underestimating the intelligence of the American public." H. L. Mencken
You're a dumb bigot, doesn't matter how many other dumb bigots there are.
Dont think so wrote:
Why do we have a constitution? Do you really need to ask? I guess so, because under your version it's minority rules, and to he'll with the voting process. Ooops, your bad, you thought digs on others long standing and majority beliefs, has given you some sort of a moral high ground!
Actually, we have a Constitution that helps protect the minorities against the tyranny of the majority.

Since: Apr 11

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#183472
Mar 15, 2013
 

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Dont think so wrote:
<quoted text>
Especially by those who don't respect themselves, their families, or of the sanctity of marriage! So the other side is, I want to have tons of premarital sex, children out of wedlock, no support, and end up on welfare and food stamps because I love myself and my children? Hmm, yep good argument!
And that has *what* to do with gay marriage?
Prop 8 Unconstitutional

Tempe, AZ

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#183473
Mar 15, 2013
 

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Big D wrote:
<quoted text>
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
Sorry Big D,but I was agreeing with you wholeheartedly and 100%! I thought I conveyed that in my post? I said the very same thing that you're posting! An Unconstitutional vote is always illegal and should be overturned as it was by Judge Walker and then upheld by the higher court! ;)

“Vita e' Bella.”

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#183474
Mar 15, 2013
 

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Prop 8 Unconstitutional wrote:
<quoted text>
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!
Yet different courts reach different conclusions. Interesting.....
Prop 8 Unconstitutional

Tempe, AZ

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#183475
Mar 15, 2013
 

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Dont think so wrote:
<quoted text>
The majority vote has always ruled in America, as well as their votes, you want to throw out the voting process but want it upheld when it comes to votes that go your way? Lol! Yep UR thick as a brick!
Your misunderstanding is that the "belief" that marriage is between a man and a woman, can violate anyone's right! It does even stop gays from marring or being happy, it's a belief, a legal status, not something that is being taken away from anyone. You can't take a "belief" away from someone who does not believe in it to begin with.
Unlike inter racial marriages that were denied completely, gay marriage has never been physically denied or made illegal in the sense that if they married they would be thrown in jail! Come on! Do you people just make this up as you go?
And you are simply bat shyte crazy! Constitution always trumps an illegal and Unconstitutional vote! Thick as a brick! YOU are simply wrong,perhaps a refresher course in American Government and the Constitution is in order! YOU are clueless and ignorant! Whacka doodle do! LOL,I can't wait for June when the real whining from you will start!
Big D

Modesto, CA

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#183479
Mar 15, 2013
 

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Dont think so wrote:
<quoted text>
You can disagree all you want, but you are on the side of trying to deny my rights as part of the majority of Americans to have their votes count and valued! I also will not let that stand, myself and the other 4/5 of Americans that said you are wrong are patriots! I am a straight married person, and no gays marring has no effect on my life, but my belief system as well as the majority of Americans belief is that legally by definition marriage is between a man and a woman. You want to throw out the valued majority beliefs of Americans. It's a belief and legal status it does not infringe on any gay couples ability to marry or be happy. You call yourself a patriot but think that the fundamental right to vote and have those votes count be thrown to the wind to placate political correctness of a minority wanting to force their beliefs on others! Well that's interesting!
Isn’t that what you are doing, forcing your beliefs on others?

No one is forcing you into a same sex marriage, why are you forcing your view on same sex partners?

You are forcing your views on others, and refusing to defend the freedom of other Americans.

I don’t know how many times I need to explain to you that we are not a nation of mob rule, we are a nation of law, that protects the rights of Americans against the vile hatred and prejudges of others, even if they are a majority.

There are hundreds and hundreds of such laws struck down, all through our history, learn something about our country before you post.

“I Luv Carbon Dioxide”

Since: Dec 08

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#183480
Mar 15, 2013
 

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Big D wrote:
You can disagree all you want, but you are on the side that is trying to deny rights to other Americans.
Homosexuals have the same right to marry as any straight under the same laws, there is no orientation test for a marriage license. Many gays marry now, under current law. Many gays support husband/wife marriage.

There is no gender equality right in the Constitution, the ERA failed ratification.

.
Big D wrote:
I will not let that stand, I am a patriot.
For someone who calls himself a patriot, Big D doesn't know much about our Constitution.

.
Big D wrote:
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
Marriage laws affect everyone, even singles. Marriage isn't for everyone.

“I Luv Carbon Dioxide”

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#183482
Mar 15, 2013
 

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Dont think so wrote:
You can disagree all you want, but you are on the side of trying to deny my rights as part of the majority of Americans to have their votes count and valued! I also will not let that stand, myself and the other 4/5 of Americans that said you are wrong are patriots! I am a straight married person, and no gays marring has no effect on my life, but my belief system as well as the majority of Americans belief is that legally by definition marriage is between a man and a woman. You want to throw out the valued majority beliefs of Americans. It's a belief and legal status it does not infringe on any gay couples ability to marry or be happy. You call yourself a patriot but think that the fundamental right to vote and have those votes count be thrown to the wind to placate political correctness of a minority wanting to force their beliefs on others! Well that's interesting!
Good points! A gay judge dismissed the lawful vote of a majority of Californians, now they cry about their 'rights'. There is no right to gender equality.

Men and women are different, vive le difference. Reason number two for keeping marriage one man and one woman; sexual differentiation. Isn't it cool how law reflects nature?

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