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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Frankie Rizzo

Union City, CA

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#181985
Mar 1, 2013
 

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Big D wrote:
<quoted text>
That isn’t the issue
the issue is you’re not comprehending that polygamy was illegal ( regardless if that is good or bad ) before prop 8, that Prop 8 had no effect on polygamy laws at all
What was true before, was still true after.
Not so with same sex marriage which was legal before prop 8 and illegal after prop 8.
Prop 8 had no effect on polygamy laws at all, prop 8 being overturned will also not change polygamy laws.
If there were no other laws against poly, prop 8 would be the only law left against poly in CA.

It's simple concept really. What don't you understand about "a man and a woman"? Does that mean 2 men and a woman? 3 men? Think real hard.
Frankie Rizzo

Union City, CA

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#181986
Mar 1, 2013
 

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Jazybird58 wrote:
<quoted text>Look Frank I will try one more time. A few years ago, in the state of California, Same sex marriage was legal. Prop 8 was put on the ballot to ban, same sex marriage. Given that it ( same sex marriage) was legal, the voter initiative was overturned by a federal judge, due to its unconstitutionality. The ruling was crafted to apply only to California. Whilst polygamy is still illegal, and has been for a very long time. Your Polygamy stance would go a lot farther in say, North Carolina. There the law is a general ban, that does not change an existing law. Lets say that Iowa, next week votes to ban same sex marriage, a law that is on the books. I would venture to say, it would be struck down. You cant remove an existing law, for a select group of people based on sexuality. In the state of Illinois, EVERYONE, must wear seat belts when operating, or ridding in a motor vehicle, with the exception of buses and motor driven cycles. It does not narrow the law to only apply to people with blue eyes.
Look Jizzy, all that is true. Also true is that prop 8 prohibits poly marriage EQUALLY to prohibiting same sex marriage.
Frankie Rizzo

Union City, CA

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#181987
Mar 1, 2013
 

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Big D wrote:
<quoted text>
I think you are right
I am incorrect in saying that "a man and a woman" prohibits poly marriage as well as same sex marriage? How so?
Frankie Rizzo

Union City, CA

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#181988
Mar 1, 2013
 

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Jazybird58 wrote:
<quoted text>Exactly my point, that and they no doubt would have timed periods. The Midol expense could be more than I could handle.
And in a polyandry marriage imagine the poor woman's beer and PPV sports events bills!

“Reality bites”

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#181989
Mar 1, 2013
 

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Frankie Rizzo wrote:
<quoted text>
Look Jizzy, all that is true. Also true is that prop 8 prohibits poly marriage EQUALLY to prohibiting same sex marriage.
Is polygamy already illegal? Why yes it is.
Why would a law then be crafted, to outlaw something that's already illegal?
Xavier Breath

Hoboken, NJ

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#181990
Mar 1, 2013
 

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Frankie Rizzo wrote:
<quoted text>
If there were no other laws against poly, prop 8 would be the only law left against poly in CA.
It's simple concept really. What don't you understand about "a man and a woman"? Does that mean 2 men and a woman? 3 men? Think real hard.
If....

Yeah... that has a chance of happening....
Xavier Breath

Hoboken, NJ

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#181991
Mar 1, 2013
 

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Frankie Rizzo wrote:
<quoted text>
Look Jizzy, all that is true. Also true is that prop 8 prohibits poly marriage EQUALLY to prohibiting same sex marriage.
Double illegal! Wow! That will be hard to overturn.
Xavier Breath

Hoboken, NJ

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#181992
Mar 1, 2013
 

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Jazybird58 wrote:
<quoted text>Is polygamy already illegal? Why yes it is.
Why would a law then be crafted, to outlaw something that's already illegal?
Because double illegal serves Frankie's logic.

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#181993
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Proposition 8 was a California ballot proposition and a state constitutional amendment passed in the November 2008 state elections. The measure added a new provision, Section 7.5 of the Declaration of Rights, to the California Constitution, which provides that "only marriage between a man and a woman is valid or recognized in California."[2][3][4]

By restricting the recognition of marriage to opposite-sex couples, the proposition overturned the California Supreme Court's ruling of In re Marriage Cases that same-sex couples have a constitutional right to marry. The wording of Proposition 8 was precisely the same as that which had been found in Proposition 22, which had passed in 2000 and, as an ordinary statute, had been invalidated by the State Supreme Court in 2008. California's State Constitution put Proposition 8 into immediate effect the day after the election.[5] The proposition did not affect domestic partnerships in California,[6] nor same-sex marriages performed before November 5, 2008.[7][8][9]

After the elections, demonstrations and protests occurred across the state and nation. Same-sex couples and government entities filed numerous lawsuits with the California Supreme Court challenging the proposition's validity and effect on previously administered same-sex marriages. In Strauss v. Horton, the California Supreme Court upheld Proposition 8, but allowed existing same-sex marriages to stand (under the grandfather clause principle).

United States District Court Judge Vaughn Walker overturned Proposition 8 on August 4, 2010 in the case Perry v. Schwarzenegger, ruling that it violated both the Due Process and Equal Protection clauses of the United States Constitution.[10] Walker issued an injunction against enforcing Proposition 8 and a stay to determine suspension of his ruling pending appeal.[11][12] The Ninth Circuit Court of Appeals continued the stay, keeping Walker's ruling on hold pending appeal.[13]

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#181994
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Continued:

On February 7, 2012, in a 2–1 decision, a Ninth Circuit Court of Appeals panel affirmed Walker's decision declaring the Proposition 8 ban on same-sex marriage to be unconstitutional.[14] The panel also unanimously affirmed Judge Ware's holding that Walker was not obligated to recuse himself from the case because he is gay.[15] Still, the panel continued a stay on the ruling, barring any marriages from taking place pending further appeals.[16] On June 5, 2012, a majority of the full Ninth Circuit denied a petition for rehearing en banc and stayed the ruling pending appeal.[17] The proposition's proponents filed a petition for certiorari with the U.S. Supreme Court, requesting that the Court review the case, on July 30, 2012. On December 7, 2012, the Supreme Court granted the proponents' petition for certiorari.[18][19] The Court is expected to issue its ruling in Hollingsworth v. Perry by late June 2013.[20]

Where does Polygamy come into play?
Frankie Rizzo

Union City, CA

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#181995
Mar 1, 2013
 

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Jazybird58 wrote:
<quoted text>Is polygamy already illegal? Why yes it is.
Why would a law then be crafted, to outlaw something that's already illegal?
If the other few laws against poly were repealed, the only law against poly in CA would be prop 8. It's as discriminatory against poly marriage as it is against same sex marriage.

It going away is a victory to poly EQUALLY to being a victory for same sex marriage.

There is no limit on equal rights, there are enough to go around for EVERYBODY. Allowing poly marriage will in no way effect your marriage. The numbers are so few, you'll probably never have to be offended by the sight of a happy poly family.
Frankie Rizzo

Union City, CA

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#181996
Mar 1, 2013
 

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Jazybird58 wrote:
Continued:
On February 7, 2012, in a 2–1 decision, a Ninth Circuit Court of Appeals panel affirmed Walker's decision declaring the Proposition 8 ban on same-sex marriage to be unconstitutional.[14] The panel also unanimously affirmed Judge Ware's holding that Walker was not obligated to recuse himself from the case because he is gay.[15] Still, the panel continued a stay on the ruling, barring any marriages from taking place pending further appeals.[16] On June 5, 2012, a majority of the full Ninth Circuit denied a petition for rehearing en banc and stayed the ruling pending appeal.[17] The proposition's proponents filed a petition for certiorari with the U.S. Supreme Court, requesting that the Court review the case, on July 30, 2012. On December 7, 2012, the Supreme Court granted the proponents' petition for certiorari.[18][19] The Court is expected to issue its ruling in Hollingsworth v. Perry by late June 2013.[20]
Where does Polygamy come into play?
Eliminating a law that says a man and a woman is the only recognized marriage in CA. That's where.
DonnAcare

Covina, CA

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#181997
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Who gives a hoot about an issue that was already a done deal.
Big D

Modesto, CA

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#181998
Mar 1, 2013
 

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Frankie Rizzo wrote:
<quoted text>
I am incorrect in saying that "a man and a woman" prohibits poly marriage as well as same sex marriage? How so?
You are incorrect in thinking that Poly was legal before prop 8 and became illegal when prop 8 passed and will become legal again when Prop 8 is struck down.

It was illegal the entire time. Prop 8 made no change whatsoever to existing polygamy laws

Now if you are trying to say saying that Prop 8 would make it more difficult to make Polygamy legal yes, but had no direct impact on it as it was already illegal, and will still be illegal when prop 8 is overturned

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#181999
Mar 1, 2013
 

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Frankie Rizzo wrote:
<quoted text>
If the other few laws against poly were repealed, the only law against poly in CA would be prop 8. It's as discriminatory against poly marriage as it is against same sex marriage.
It going away is a victory to poly EQUALLY to being a victory for same sex marriage.
There is no limit on equal rights, there are enough to go around for EVERYBODY. Allowing poly marriage will in no way effect your marriage. The numbers are so few, you'll probably never have to be offended by the sight of a happy poly family.
If If If If, now throw in a few buts. The topic at hand ( overturning Prop 8) has nothing to do with polygamy
Big D

Modesto, CA

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#182000
Mar 1, 2013
 

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Frankie Rizzo wrote:
<quoted text>
If the other few laws against poly were repealed, the only law against poly in CA would be prop 8. It's as discriminatory against poly marriage as it is against same sex marriage.
It going away is a victory to poly EQUALLY to being a victory for same sex marriage.
There is no limit on equal rights, there are enough to go around for EVERYBODY. Allowing poly marriage will in no way effect your marriage. The numbers are so few, you'll probably never have to be offended by the sight of a happy poly family.
That is a pretty big IF, and currently there is no serious movement on overturning that law.

It was illegal before, is still illegal, and will still be illegal when prop 8 is overturned.

If wishes were fishes we would call cast nets

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#182001
Mar 1, 2013
 

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Frankie Rizzo wrote:
<quoted text>
Eliminating a law that says a man and a woman is the only recognized marriage in CA. That's where.
On February 7, 2012, in a 2–1 decision, a Ninth Circuit Court of Appeals panel affirmed Walker's decision declaring the Proposition 8 ban on same-sex marriage to be unconstitutional.

That ruling said nothing of or about polygamy, now did it?
Frankie Rizzo

Union City, CA

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#182002
Mar 1, 2013
 

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Jazybird58 wrote:
<quoted text>On February 7, 2012, in a 2–1 decision, a Ninth Circuit Court of Appeals panel affirmed Walker's decision declaring the Proposition 8 ban on same-sex marriage to be unconstitutional.
That ruling said nothing of or about polygamy, now did it?
Prop 8 is also a ban on poly marriage. Why does that disturb you so? Are you against marriage equality?

You cannot spin away the fact that it is a ban on same sex and poly marriage EQUALLY. No matter how hard you try.
Frankie Rizzo

Union City, CA

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#182003
Mar 1, 2013
 

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Jazybird58 wrote:
<quoted text>Is polygamy already illegal? Why yes it is.
Why would a law then be crafted, to outlaw something that's already illegal?
Are you trying to convince me prop 8 doesn't ban polygamy too? Why?
Frankie Rizzo

Union City, CA

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#182004
Mar 1, 2013
 

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Xavier Breath wrote:
<quoted text>
If....
Yeah... that has a chance of happening....
That's what they said about SSM, as little as a few short years ago.

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