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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Since: Oct 12

Coolidge, AZ

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#163322
Oct 15, 2012
 

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akpilot wrote:
<quoted text>
Well, we almost agree on this.
It is not the words of the Constitution that are the problem when it comes to the children of illegals born in this country, it is the misinterpretation of the SCOTUS as to the meaning of those words.
Those who drafted the citizenship clause were very clear as to its meaning, and it did not include "anchor" babies.
Senator Jacob Howard (Aided in drafting the 14th Amendment)
"The first amendment is to section one, declaring that all "persons born in the United States and Subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. I do not propose to say anything on that subject except that the question of citizenship has been fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country."
Senator Lymann Trumbull (chairman judiciary committee)replies:
"[T]he provision is, that 'all persons born in the United States, and subject to the jurisdiction thereof, are citizens.' That means 'subject to the complete jurisdiction thereof.' What do we mean by 'complete jurisdiction thereof?' Not owing allegiance to anybody else. That is what it means."
Senator Jacob Howard concurs:
" I concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word "jurisdiction," as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now."
Rep. John Bingham (Considered the father of the 14th Amendment) States:
"[I] find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen"
All of this and much more is available at the Library of Congress regarding the Congressional debates on the 14th Amendment. One this is clear, they never intended simply making it to our soil to be born was enough to be granted citizenship.
Good analysis.

Since: Oct 12

San Jose, CA

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#163323
Oct 15, 2012
 

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Big Dig wrote:
God made adam and eve, not adam and steve!!(.)(.)
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Since: Jun 07

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#163324
Oct 15, 2012
 

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Frisbee wrote:
<quoted text>
If the wording wasn't a problem, how could it possibly be misinterpreted?
It happens all the time.. We call them activist judges.
Connie Clear

Vallejo, CA

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#163325
Oct 15, 2012
 

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Big Dig wrote:
God made adam and eve, not adam and steve!!

Were Adam and Eve red, white, yellow, black or brown? Did Adam and Eve have brown eyes, hazel eyes, green eyes, blue eyes? Did Adam and Eve have red hair, brown hair, black hair, blonde hair?

Obviously there is much more diversity in humanity than Adam and Eve exhibited.
Frisbee

Seattle, WA

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#163326
Oct 15, 2012
 

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akpilot wrote:
It happens all the time.. We call them activist judges.
Too bad a bunch of lawyers weren't competent enough to compose an airtight legal document, eh?

“CAPS LOCK CAUSE CLIMATE CHANGE”

Since: Dec 08

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#163327
Oct 15, 2012
 

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Same sex marriage is gender segregation. I believe in the perfect diversity of marriage one man and one woman; perfect affirmative action. I oppose gender segregation marriage because diversity is the nature of marriage.

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#163328
Oct 15, 2012
 

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Frisbee wrote:
<quoted text>
Too bad a bunch of lawyers weren't competent enough to compose an airtight legal document, eh?
I know it's difficult for you, but try an apply some critical thinking skills. For once in your life don't expect to be TOLD what to think.

Read my post which analyzed the Congressional debate on the drafting of the 14th Amendment, an analysis by those whom actually drafted the Amendment. Listen to what they said, then you tell me how the court got it "right" when they created "anchor babies?"

I know this might hurt, so you might want to have some aspirin handy.

“CAPS LOCK CAUSE CLIMATE CHANGE”

Since: Dec 08

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#163329
Oct 15, 2012
 

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Judge Walker found against the California taxpayer and voter, for the state and new regulation of marriage.

Same sex marriage is bad for homosexuals. Every gay was born of male/female union.
Frisbee

Seattle, WA

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#163330
Oct 15, 2012
 

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akpilot wrote:
It happens all the time.. We call them activist judges.
Especially when you take into account that the 14th amendment was an answer to the 'activist judges'(ie "judges that I disagree with")Dred Scott Decision. Legal interpretation they didn't agree with was the reason the Amendment exists, and they STILL left the door wide open?

Your quoting of the people involved, whom you happen to agree with is nice, but not the whole picture. Tell us about the people on the other side of the debates you mention.

Either the lawyers you quoted were wholly incompetent at composing legal documents, or the issue wasn't as one sided as you would have us believe. Which is it?
Connie Clear

Vallejo, CA

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#163333
Oct 16, 2012
 

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Frisbee wrote:
<quoted text>
Especially when you take into account that the 14th amendment was an answer to the 'activist judges'(ie "judges that I disagree with")Dred Scott Decision. Legal interpretation they didn't agree with was the reason the Amendment exists, and they STILL left the door wide open?
Your quoting of the people involved, whom you happen to agree with is nice, but not the whole picture. Tell us about the people on the other side of the debates you mention.
Either the lawyers you quoted were wholly incompetent at composing legal documents, or the issue wasn't as one sided as you would have us believe. Which is it?

Is your Google button broken?

“Think,does it help or hurt?”

Since: Jul 09

" Because logic tells us so "

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#163334
Oct 16, 2012
 

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Connie Clear wrote:
<quoted text>
Were Adam and Eve red, white, yellow, black or brown? Did Adam and Eve have brown eyes, hazel eyes, green eyes, blue eyes? Did Adam and Eve have red hair, brown hair, black hair, blonde hair?
Obviously there is much more diversity in humanity than Adam and Eve exhibited.
That might be true except for the fact that Adam and Eve never existed! Just a figment of some old goat herder 2,000 years ago! But I must say there was a lot of incest going on in that fictitious garden between all those kids and brothers and sisters! I guess the sky fairy condoned incest I guess? LOL

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#163335
Oct 16, 2012
 

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Frisbee wrote:
<quoted text>
Especially when you take into account that the 14th amendment was an answer to the 'activist judges'(ie "judges that I disagree with")Dred Scott Decision. Legal interpretation they didn't agree with was the reason the Amendment exists, and they STILL left the door wide open?
Your quoting of the people involved, whom you happen to agree with is nice, but not the whole picture. Tell us about the people on the other side of the debates you mention.
Either the lawyers you quoted were wholly incompetent at composing legal documents, or the issue wasn't as one sided as you would have us believe. Which is it?
Feel free to quote some people whom feel otherwise and think the 14th Amendment was to create "Anchor Babies"- we will wait.

I could save you the time, because I have read the entire Congressional Debate, and a vast majority of the State ratification debates and simply tell you it isn't there. But I am sure that you already knew that since I am sure the first thing you did was hit google to find something to support your nonsense. Since you couldn't find it, you continue to dance around the topic attempting to sound educated on the subject.

BTW, while Dred Scott was the catalyst, the 14th Amendment was designed to solidify the Civil Rights Act of 1866 into the Constitution and prevent another Congress by simple majority from changing it.

But really, in all your ranting and nonsense, you still haven't present a valid argument for "anchor babies".

Don't worry, we don't expect you to.

“CAPS LOCK CAUSE CLIMATE CHANGE”

Since: Dec 08

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#163336
Oct 16, 2012
 

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Tim Shields wrote:
I know, same sex marriage is like giving a drug addict crack, to fix his problem. It's what he thinks he wants, but it is not legal and it is destructive.
Good point.

“TAKIA AND TA TONKA”

Since: Aug 08

HAPPY TOGETHER!!!

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#163337
Oct 16, 2012
 

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Tim Shields wrote:
<quoted text>If you can't make your own argument, it might be because you donothave one. You gays might find it interesting, that one of your Prop 8 lawyers, David Boies, is working with the GOP's and Ryan so they can get elected and abolish all same sex marriages. Irony of irony.
Hey Doc......you really expect ANYONE who supports the right to marry for Same-Sex Couples to believe this crap?

“TAKIA AND TA TONKA”

Since: Aug 08

HAPPY TOGETHER!!!

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#163338
Oct 16, 2012
 

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Brian_G wrote:
Judge Walker found against the California taxpayer and voter, for the state and new regulation of marriage.
Same sex marriage is bad for homosexuals. Every gay was born of male/female union.
Judge Walker DIDN'T do anything to the California taxpayer or the voter.......he found a proposition UNCONSTITUTIONAL based on the evidences presented at trial!!!

If California had a Constitutional review process for propositions before being placed on the ballot......most would probably not get challenged.......therefore ensuring that the voter's vote wouldn't get toss!!!

“TAKIA AND TA TONKA”

Since: Aug 08

HAPPY TOGETHER!!!

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#163339
Oct 16, 2012
 

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Brian_G wrote:
<quoted text>Good point.
Figures!!!

“KiMare'a the Monster Mutation”

Since: Nov 10

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#163340
Oct 16, 2012
 

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LYIN AYN RYAN wrote:
<quoted text>
i amm not denying anything KI, I just said I hadnt seen it explode as a hot news story, like hetro rape(in the miltary) has in past years. Im sure I will read a credible story...someday.
I dont think that DADT is coming back, or any other type of segregation...sorry it was just a bad, discriminatory policy.
as is any ban on gay marriage.
there is literally no arguement for NOT letting gays marry that makes a bit of sense. all of them are based on religion, which is constituionally prohibited.
Because lapdog media doesn't cover something, it is not a problem?

Evolution is 'religion' based"?

You are not just a girl, you are blonde.
Michael Clark Duncan

Toronto, Canada

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#163341
Oct 16, 2012
 

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KiMare wrote:
<quoted text>
Because lapdog media doesn't cover something, it is not a problem?
Evolution is 'religion' based"?
You are not just a girl, you are blonde.
And what Barracks do we put you in freak? I guess we would have to invent a whole new category for you! The DADT repeal has worked out just fine and with a minimum of problems and that is the reality of the situation! And it's worked out in Israel where they integrated their armed forces 9 years ago and other NATO country's just fine also! What you are is a chicken hawk who has never served and doesn't have a clue to what you're babbling about! Sit down and STFU chicken hawk!

“KiMare'a the Monster Mutation”

Since: Nov 10

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#163342
Oct 16, 2012
 

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Michael Clark Duncan wrote:
<quoted text>
And what Barracks do we put you in freak? I guess we would have to invent a whole new category for you! The DADT repeal has worked out just fine and with a minimum of problems and that is the reality of the situation! And it's worked out in Israel where they integrated their armed forces 9 years ago and other NATO country's just fine also! What you are is a chicken hawk who has never served and doesn't have a clue to what you're babbling about! Sit down and STFU chicken hawk!
Yes, IDF is portrayed as a 'model' of gender integration. Here are some statistics;

33% are females, mainly because they get more exemptions.

51% are officers. Besides being extremely lopsided, it also seems to be moving toward a 'Queen Bee' culture...

3% are assigned to combat roles.

Question; What kind of officer does a person make who has never had combat experience?

Ah, I am a monster mutation, that is true. I'm sure they could use my simple common sense.

My assessment of your post? Gay twirl idiocy that puts armies and nations at risk.
LYIN AYN RYAN

Anderson, CA

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#163343
Oct 16, 2012
 

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Tim Shields wrote:
<quoted text>I know, same sex marriage is like giving a drug addict crack, to fix his problem. It's what he thinks he wants, but it is not legal and it is destructive.
that was about the silliest thing ive read here so far!

people just want their rights??? how is it destructive??

to you??

no one on earth has been able to clerify how some gay couple getting married on the THIS side of town actually effects someone's straight marriage on THE OTHER side of town.

lets give it a try?? has the sky fallen in any of those states that legalized it?? it has been legal for 8.5 years in Massachussetts.

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