View Full Version : Gay Marriage Ban Overturned in CA
Proposition 8, a referendum in CA that constitutionally banned homosexual marriages last year by a majority of 52% of voters, was ruled unconstitutional yesterday by US District Judge Vaughn Walker.
The Honorable Judge Walker ruled that Proposition 8 violated the rights of the gay minority, which are protected under the equal protection clause of the 14th Amendment. He essentially stated that the majority cannot oppress the minority, as we are a nation of rule by law, not rule by man.
Here's a news snippet:
U.S. District Judge Vaughn Walker ruled on Wednesday that the California's Proposition 8 ballot initiative denying marriage rights to same-sex couples was unconstitutional, in a case that will almost certainly go all the way to the Supreme Court.
Walker ruled that Proposition 8 is "unconstitutional under both the due process and equal protection clauses." The court, therefore, "orders entry of judgment permanently enjoining its enforcement." Two key sentences from the ruling:
Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. 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.
That's what history sounds like.
Surprisingly, this man was a Reagan Appointee to the state level and a H.W. Bush appointee to the Federal Bench. Here's an interesting look into that relation. (http://blogcritics.org/politics/article/ronald-reagans-liberty-bomb-explodes-in/)
Here's a link to the decision. (http://www.goodasyou.org/good_as_you/2010/08/eek-the-prop8-decision-is-here.html)
This case was appealed to the 9th Circuit Court of Appeals today and will most likely make it to the SCOTUS in the next couple years.
http://i26.tinypic.com/2v14shv.png
LoveHateHero329
07-Aug-10, 08:47
WBC is probably in California right now.
http://www.allfacebook.com/wordpress/wp-content/uploads/2010/06/thumbs-up.png
I do agree with Judge Walker's ruling, but his logic he uses to get to his conclusion is very very weak. He states that this law requires strict scrutiny, but then follows to use rational scrutiny, when he really should have been using intermediate scrutiny. He also makes up his own definition of marriage, which is really really broad, and could really say that I'm married to my dog if my dog and I are in the same house, or my brother if we live together and run a business.
He should have built more off of Loving v. Virginia to argue that Marriage is a fundamental right, thus needing strict scrutiny for Prop8, but meh, whatever, we'll see what it is like on appeal.
WBC is probably in California right now.
No. Thankfully, we have the Rockies to keep them at bay. And even if they decide to try and scale through the Rockies, they'll have to go through the Sierras even then, or the deserts and plateaus if coming in from the south.
We're a fortress!
What if they get on ships from the East Coast, sail through the Panama Canal and invade from the sea D-day style?
What if they get on ships from the East Coast, sail through the Panama Canal and invade from the sea D-day style?
The entire church could fit on one dingy...
Taepodong-2
07-Aug-10, 21:48
What if they get on ships from the East Coast, sail through the Panama Canal and invade from the sea D-day style?
I don't think the WBC is smart enough to do that.
LoveHateHero329
07-Aug-10, 22:33
WBC has preached/portested in Iraq just prior to the US invasion.
Pretty sure they could make it to Cali.
WBC has preached/portested in Iraq just prior to the US invasion.
Pretty sure they could make it to Cali.
We would fuck them over, we're not some pussy state like Ohio.
I'm still wondering if this will find its way to the supreme court.
We have a Coast Guard, though. They'd never make it through.
Jesse the Great Tsar
09-Aug-10, 08:50
We have a Coast Guard, though. They'd never make it through.
San Fransisco is the biggest gap in defense the world has ever seen.
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
Whites may marry, blacks and whites may marry -- a big step at the time, death row convicts may marry, celebrities may disgrace marriage by claiming they are married. You ought to realize by now.
Gay marriage is simply not a big deal. So what? You can't handle two men being married? You're life must be pretty fucking easy if you're complaining about something that asinine.
Look, the foundation of marriage used to be that somebody had to watch the couple have sex. That was the major decider. You have to be able to provide fertile offspring. BUT, we find out many people can't produce fertile offspring in heterosexual relationships -- let alone functional parenting. We've given up on that requirement centuries since and have stretched time again to define marriage.
There's one big name in the UK who got the job for Head of Ethics in one of their prestigious colleges. Can't remember his last name. He thinks people should be allowed to marry animals. The man's a nutcase, but again, why do we care? A man in Canada married a tree about 10 years ago which caused a stir. We're not even in the Animal Kingdom anymore!
Of course my reaction is a typical rolling of the eyes, but you get the point. We've already disgraced the ancient meaning of marriage. You can't "sorta" disgrace marriage. You can't apply the Christian meaning of marriage to non-Christians under the constitution anyways.
You can, however, come to terms that what a couple does is frankly not something you should waste your life worrying about.
One last point I would like to make:
Do you, ____, take you, ____, to be your lawful wedded (husband/wife), to have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, until death do you part?
"I do."
You have declared your consent before the Church. May the Lord in his goodness strengthen your consent and fill you both with his blessings. That God has joined, men must not divide. Amen.
When you do become married, your vows are vows to God. The divorce rate in the United States is 46%. If you can not uphold your vows to God, who are you to use God's message to tell others who to marry? I plan to be absolutely dedicated and loyal when I take that vow. I will take that commitment to death if I am able.
Think about the significance of this vow, and then think about how often we, as a nation, break it time and time again.
San Fransisco is the biggest gap in defense the world has ever seen.
Only from behind, but like I said, Sierras.
Jesse the Great Tsar
09-Aug-10, 21:08
Only from behind, but like I said, Sierras.
I take it you got the joke.
Rhinestone
10-Aug-10, 22:01
http://26.media.tumblr.com/tumblr_l4upmn10sH1qacjwgo1_400.jpg
FTW :)
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