California Judge Overturns Proposition 8 35 replies

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Rogue Nine

Imperial Russian

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26th October 2008

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#1 8 years ago

BBC NewsA US federal judge has overturned California's voter-approved ban on same-sex marriage.

The judge found it unconstitutionally discriminated against same-sex couples who sought to wed.

The state measure, known as Proposition 8, was passed by voters in 2008. It banned same-sex marriage, although the state offered same-sex civil unions.

Backers of the ban intend to appeal against the judge's ruling. The case is likely to reach the US Supreme Court.

The measure was passed in a ballot referendum by a vote of 52% to 48%. Currently, five states and Washington DC allow same-sex nuptials, though many states have enacted bans.

The ruling does not immediately allow California same-sex couples to marry, as US District Judge Vaughn Walker has delayed final entry of his judgement so he can hear arguments on whether to stay the ruling, pending appeal.

California Governor Arnold Schwarzenegger quickly welcomed Wednesday's judgement.

"For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves," he said in a statement.

"At the same time, it provides an opportunity for all to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity."

US House Speaker Nancy Pelosi, who represents San Francisco, also hailed the ruling.

"Proposition 8 has taken away individual rights and freedoms, and is a stain upon the California Constitution," she said in a statement.

Supporters of the gay marriage ban vowed to appeal against the ruling. Randy Thomasson, of the socially conservative group SaveCalifornia.com, described it as a "terrible blow" to voter rights.

"Judge Walker has ignored the written words of the constitution, which he swore to support and defend and be impartially faithful to, and has instead imposed his own homosexual agenda upon the voters, the parents and the children of California," he told the AFP news agency.

The 2008 ballot measure, known as Proposition 8, amended the California constitution to state that "only marriage between a man and a woman is valid or recognised in California".

Two same-sex couples challenged the measure, saying it violated their right to equal protection under the US constitution.

They said the measure violated gays' and lesbians' right to choose whom to marry while allowing it to heterosexuals.

Supporters of the ban said it affirmed the will of California voters to exclude same-sex couples from marriage and argued the state had an interest in promoting procreation within marriage.

In his ruling, Judge Walker permanently forbade enforcement of the same-sex marriage ban.

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage licence," he wrote.

"Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California constitution the notion that opposite sex couples are superior to same-sex couples.

"Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional."

[Source]

Pretty good victory for the opponents of Proposition 8, but everyone knows it's going to the Supreme Court eventually. I just hope the further up it goes, the more people realize just how ludicrous and discriminatory Prop 8 really is.

Thoughts?




Inyri Forge VIP Member

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15th March 2005

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#2 8 years ago

Hell yeah. 8)




Supa

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#3 8 years ago

Good, those people have no right to tell people what their sexual orientation should be. I don't even know how Prop 8 passed in the first place.




NiteStryker

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24th April 2003

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#4 8 years ago

Who gives a shit? Why spend all of this money and time to stop people from getting married? The only people who care are the religious people. And they dont even have valid reasons beyond "our book of ghost stories says its bad/wrong".




masked_marsoe VIP Member

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16th April 2005

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#5 8 years ago

Don't most states have Prop8-like laws? And if so, does this mean they are all (likely to be) unconstitutional?




wjlaslo

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13th August 2004

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#6 8 years ago
masked_marsoe;5372441Don't most states have Prop8-like laws? And if so, does this mean they are all (likely to be) unconstitutional?

If it gets to the Supreme Court they'll all be unconstitutional...I'm not really sure how much I want it go there though, since I think we have something of a conservative court who might set a bad precedent.




Von Mudra

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25th September 2004

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#7 8 years ago

Hm, long time since I've posted here.

Anyways, huzzah! I like finally being given full rights to marry whoever I want. :)

PS, for a great legal brief by a rather well respected lawyer on just why the judge made this ruling, and the difference between moral v legal reasoning:

http://www.kfiam640.com/mediaplayer/?station=KFI-AM&action=ondemand&item=19736506&feed_name=BillHandel.xml

PPS:

SupaCrazy;5372374Good, those people have no right to tell people what their sexual orientation should be. I don't even know how Prop 8 passed in the first place.

Actually, it passed because of the black vote. You see, white, Asian, etc all polled with a no on Prop 8. However blacks voted a resounding 70/30 in favour of the measure, and were out in force because of the coinciding presidential election. African Americans are extremely conservative with religious values so....




Guest

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#8 8 years ago

Bout freakin time, only took them close to two years. I can't remember where, but I heard this religious person say how having same sex marriage was taking away their right to a 'clean' marriage, separation of church and state, it's a funny thing.




D.Sporky!

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10th January 2004

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#9 8 years ago

I don't like this ruling because I just plain don't like gays! So booo!




Emperor Benedictine

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16th April 2005

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#10 8 years ago
"Judge Walker has ignored the written words of the constitution, which he swore to support and defend and be impartially faithful to, and has instead imposed his own homosexual agenda upon the voters, the parents and the children of California," he told the AFP news agency.

So... imposing your own social agenda on the voters, parents and children of California is now the wrong thing to do? Isn't that what Proposition 8 was all about to begin with? :uhm: