Ca Gay Marriage Ban Unconstitutional

Here are the relevant facts Judge Walker finds:

1. Marriage is and has been a civil matter, subject to religious intervention only when requested by the intervenors.

2. California, like every other state, doesn't require that couples wanting to marry be able to procreate.

3. Marriage as an institution has changed overtime; women were given equal status; interracial marriage was formally legalized; no-fault divorce made it easier to dissolve marriages.

4. California has eliminated marital obligations based on gender.

5. Same-sex love and intimacy "are well-documented in human history."

6. Sexual orientation is a fundamental characteristic of a human being.

7. Prop 8 proponents' "assertion that sexual orientation cannot be defined is contrary to the weight of the evidence."

8. There is no evidence that sexual orientation is chosen, nor than it can be changed.

9. California has no interest in reducing the number of gays and lesbians in its population.

10. "Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital union."

11. "Marrying a person of the opposite sex is an unrealistic option for gay and lesbian individuals."

12. "Domestic partnerships lack the social meaning associated with marriage, and marriage is widely regarded as the definitive expression of love and commitment in the United States.
The availability of domestic partnership does not provide gays and lesbians with a status equivalent to marriage because the cultural meaning of marriage and its associated benefits are intentionally withheld from same-sex couples in domestic partnerships."

13. "Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages."
Prop. 8 Overturned: The Facts, Not the Law, Matter - Politics - The Atlantic

Why limit all this freedom to couples? The more the merrier.

Can't you be happy for us?

I told you from the get go I'm not against gay marriage. I am against fake elections. Oh the waste of time and treasure. Think of all the homes for the homeless you could have built with all that wasted money.
 
What pragmatic reality based inquiring minds want to know, is what does this all mean if SCOTUS eventually upholds todays' decision, in relation to immigration?
Marriage to a U.S. citizen is referred to as the 'fast lane' to permanent U.S. residence. Keep in mind there are no quota restrictions on the number of people who can obtain green cards in the U.S. through marriage to U.S. citizens.
B. Kidd (and others) should consider this ramification, as I see GIANT BAGS OF WORMS on the horizon if SCOTUS upholds todays' decision.
Alot of you hadn't considered this angle, did you?
 
Dude the will of the people can and has been ruled unconstitutional for a while.

Correct me if I'm wrong but didn't most people support a ban on flag-burning when it was ruled unconstitutional?

I was against that too.... if someone wants to burn a flag, I say let them! (just wish they would wrap themselves in it 1st though) It called freedom of speech!

I dont recall the right for two gays to get married
:eusa_eh:

Then you need to go read Loving v Virginia which made it very clear that marriage is a fundamental right... which means any intrusion on that right needs to meet more of a standard than 'ewww... i don't like gays'.

Maybe YOU need to reread Loving, specifically the part where the opinion reads that marriage is a natural God given right, not a federally protected right. You have no RIGHT to marry, IE California could state tomorrow "we will no longer issue marriage licenses" and there is NOTHING anyone could do about it. You simply are not entitled to a marriage certificate. Now that being said, I personally believe this was the right thing to do. You can't go around denying privileges based on ewww ick, but let's properly define what we're talking about.
 
I told you from the get go I'm not against gay marriage. I am against fake elections. Oh the waste of time and treasure. Think of all the homes for the homeless you could have built with all that wasted money.

California is pretty good at passing things by way of initiative that are clearly unconstitutional. We once passed a law that allowed homeowners to refuse to sell to a potential buyer because of race. That one lasted about as long as Prop. 8 did.
 
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apology accepted.

i don't know how old your mom is... and i don't know why it wouldn't bother her. but my gay friends here very much want the right to marry.

and ultimately, isn't that what it's about? having the right to choose to live together or marry LIKE EVERYONE ELSE?

I think they are entitled to it under the constitution. I'm very proud of the court for it's decision. After embarrassing and disgusting decisions like Citizen's United, it reminds me of why I went to law school.

Now hopefully the rightwingnuts on the USSC won't mess with it.

Cool.....:cool:

She is 60.... that probably explains alot.

We just have to agree to disagree, but I am mainly pissed that a judge overturns the will of the people. Why even bother voting on an issue, if it is going to be overturned because a judge doesnt like it. The vote should never happened in the 1st place if that is so.

Just one mans opinion
 
I heard the judge was a pole-smoker. If he had any moral compass he would of recused himself.
 
apology accepted.

i don't know how old your mom is... and i don't know why it wouldn't bother her. but my gay friends here very much want the right to marry.

and ultimately, isn't that what it's about? having the right to choose to live together or marry LIKE EVERYONE ELSE?

I think they are entitled to it under the constitution. I'm very proud of the court for it's decision. After embarrassing and disgusting decisions like Citizen's United, it reminds me of why I went to law school.

Now hopefully the rightwingnuts on the USSC won't mess with it.

Cool.....:cool:

She is 60.... that probably explains alot.

We just have to agree to disagree, but I am mainly pissed that a judge overturns the will of the people. Why even bother voting on an issue, if it is going to be overturned because a judge doesnt like it. The vote should never happened in the 1st place if that is so.

Just one mans opinion

"The will of the people" isn't worth SQUAT if it results in a violation of constitutional provisions.

"Will of the people" - my patootie! Under that theory, the good citziens of Any State, USA, could, conceivably, reinstate slavery and hey - it's the "will of the people."
 
I told you from the get go I'm not against gay marriage. I am against fake elections. Oh the waste of time and treasure. Think of all the homes for the homeless you could have built with all that wasted money.

California is pretty good at passing things by way of initiative that are clearly unconstitutional. We once passed a law that allowed homeowners to refuse to sell to a potential buyer because of race. That one lasted about as long as Prop. 8 did.

WTG, California SUPREMES!!!!!

So why the costly initiatives, are you hurting for money? JUst propose that all propositions be put directly to the NInth Circuit, then you have no need for all the money spent on Govenors or legislatures and such.
 
apology accepted.

i don't know how old your mom is... and i don't know why it wouldn't bother her. but my gay friends here very much want the right to marry.

and ultimately, isn't that what it's about? having the right to choose to live together or marry LIKE EVERYONE ELSE?

I think they are entitled to it under the constitution. I'm very proud of the court for it's decision. After embarrassing and disgusting decisions like Citizen's United, it reminds me of why I went to law school.

Now hopefully the rightwingnuts on the USSC won't mess with it.

Cool.....:cool:

She is 60.... that probably explains alot.

We just have to agree to disagree, but I am mainly pissed that a judge overturns the will of the people. Why even bother voting on an issue, if it is going to be overturned because a judge doesnt like it. The vote should never happened in the 1st place if that is so.

Just one mans opinion

IMO you're correct about one thing. This prop should have NEVER made the ballot. Doesn't California have judicial review of initiatives? Arkansas sure does.
 
Here are the relevant facts Judge Walker finds:

1. Marriage is and has been a civil matter, subject to religious intervention only when requested by the intervenors.

Only in the case of statutory marriages.

2. California, like every other state, doesn't require that couples wanting to marry be able to procreate.

I thought you said this list was of relevant points.

3. Marriage as an institution has changed overtime; women were given equal status; interracial marriage was formally legalized; no-fault divorce made it easier to dissolve marriages.

Change for the sake of change is as stupid a rationale to change as there is.


4. California has eliminated marital obligations based on gender.

See #2.

5. Same-sex love and intimacy "are well-documented in human history."

See #2.

6. Sexual orientation is a fundamental characteristic of a human being.

As well as anecdotal. How do we verify bona fide "gayness" should a same-sex couple who are straight decide to get married?

7. Prop 8 proponents' "assertion that sexual orientation cannot be defined is contrary to the weight of the evidence."

Ibid.

8. There is no evidence that sexual orientation is chosen, nor than it can be changed.

Ibid.

9. California has no interest in reducing the number of gays and lesbians in its population.

See #2.

10. "Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital union."

So are many poligamists...So what?

11. "Marrying a person of the opposite sex is an unrealistic option for gay and lesbian individuals."

See #2.

12. "Domestic partnerships lack the social meaning associated with marriage, and marriage is widely regarded as the definitive expression of love and commitment in the United States.
The availability of domestic partnership does not provide gays and lesbians with a status equivalent to marriage because the cultural meaning of marriage and its associated benefits are intentionally withheld from same-sex couples in domestic partnerships."

So, this is all about their social perceptions, status and feelings, rather than any supposed "rights"...Glad we could finally cut to the chase and clear that one up.

13. "Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages."

See #2.
Prop. 8 Overturned: The Facts, Not the Law, Matter - Politics - The Atlantic

Pretty damned weak list of rationale and criteria to make such a sweeping decision.
 

Because it compares being a homosexual to enslavement. That's a long damn walk.

Then you had better tell all the liberal idiot gays to stop comparing it to the civil rights movement of the 60's... The gays do it all the time.

Yet another example: \/\/\/

"The will of the people" isn't worth SQUAT if it results in a violation of constitutional provisions.

"Will of the people" - my patootie! Under that theory, the good citziens of Any State, USA, could, conceivably, reinstate slavery and hey - it's the "will of the people."

No comparison :cuckoo:
 
Because it compares being a homosexual to enslavement. That's a long damn walk.

Then you had better tell all the liberal idiot gays to stop comparing it to the civil rights movement of the 60's... The gays do it all the time.

Yet another example: \/\/\/

"The will of the people" isn't worth SQUAT if it results in a violation of constitutional provisions.

"Will of the people" - my patootie! Under that theory, the good citziens of Any State, USA, could, conceivably, reinstate slavery and hey - it's the "will of the people."

No comparison :cuckoo:

I don't think George was comparing gay marriage to slavery, I believe he was simply illustrating that people are idiots and sometimes vote for laws which are fundamentally unconstitutional and in THAT regard the two are related.
 
I don't think George was comparing gay marriage to slavery, I believe he was simply illustrating that people are idiots and sometimes vote for laws which are fundamentally unconstitutional and in THAT regard the two are related.


With all the "race baiting" going on out there, I never know.

But, you are probably right.


None the less.... I am out! I need to go home and see my kiddos, so carry on.
 
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I gotta say. If I were black, that argument would insult me no end.

why?

Because it compares being a homosexual to enslavement. That's a long damn walk.

no it doesn't...there is no comparison...

i used a subject that is obviously a hot button issue to illustrate a point...you're the only one making a comparison between the two...

for your sensibilities though, change it to murder...the voters make murder legal
 

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