Ca Gay Marriage Ban Unconstitutional

[Big Black Dog]

This certainly is a queer turn of events in the court room.

 

[Steerpike]

You bet I have a personal stake in marriage equality. I'm dancing for joy.

There's still a long way to go in the CA case. This is just a District Court ruling.

 

[Sky Dancer]

It's a positive step. I'm still happy.

 

[Steerpike]

It's a positive step. I'm still happy.

This is true.

 

[Qball]

The Supreme Court can't ban marriage nationwide. They could rule that a ban is Constitutional and leave it to the States to ban or not ban.

People can vote by referendum, but they can't vote on fundamental Constitutional issues (for example, you couldn't vote to eliminate first amendment protections).

Actually, they could find gay marriage unconstitutional. They wont, of course, but it's not totally out of the realm of possibility.

 

[Woyzeck]

This is certainly happy news and a good thing.

 

[Steerpike]

Actually, they could find gay marriage unconstitutional. They wont, of course, but it's not totally out of the realm of possibility.

No, that is outside of the realm of possibility. There's now way to say allowing gay marriage is Unconstitutional, because there's no Constitutional provision to be violated by it.

 

[Big Fitz]

Is it possible for you to argue without using straw men?

Maybe you should get that railroad tie out of your eye before making such statements.

We are a republic with limits on what laws can be passed.

State law is not federal law. State constitutions have broad and undefined powers. They can make it a right for you to drive. What they can't do is take away any right protected in the federal constitution. Since Gay Marriage is NOT a protected right, it cannot be unconstitutional, since the California constitution has an amendment BANNING it. Judges cannot remove amendments or declare them unconstitutional unless you can show a federal right that is being violated. And they can't except through legal fiction.

"No I'm right on this and don't you dare try to contradict me because I won't listen."

How childish.

Straw man much yourself hypocrite?

Cry Moar. Voter approved laws have been struck down as unconstitutional all the time. It's nothing new.

When it violates the state or federal constitution yes. This one didn't except in the minds of this retard judge and fanatical gay activists who apparently seek only to enrich the trial lawyers on their upcoming divorces and misery.

Behavior and property rights are not absolute. But it'd sure be nice not to have those "can't build next to a church" laws.

Huh... funny you should say that. Since homosexuality is a behavior and not a physiologically (no it ain't been proven) or possibly a psychological disease or defect should you be saying that too loudly? Maybe someone can pass a law forcing them into treatment. Just like California Chinese race laws were held on them till pretty recently preventing them form so many things. Lots of restrictions that were perfectly legal and passed from the legislature AND public referendum. Be careful what you cite, for it may bite you too.

Most of your slippery slope conclusions do not violate the constitution (although I contend that the zoning rules to protect churches do).

And yet all the time we have zoning laws and other public health laws that are held as constitutional that are far more restrictive and stupid than a ban on gay marriage that does nothing but enrich the lawyer's bar and give family court more work. Well there are the municipality fees as well for the courts as well. Divorce is expensive! Wouldn't it be better to just shut up about it, go to the court and craft out your own documents of legal rights to each other and avoid the hassle ahead of time?

Sounds more rational to me.

 

[Luissa]

They are inferior, but who cares? Let them marry.

Or better yet, Hey government you have no right to regulate marriage in the first place, get out of the business. Meaning I can go ahead and marry my wife's sister also, I've had my eye on her for quite some time anyway.

Are you saying gay people are inferior?

 

[ConHog]

They are inferior, but who cares? Let them marry.

Or better yet, Hey government you have no right to regulate marriage in the first place, get out of the business. Meaning I can go ahead and marry my wife's sister also, I've had my eye on her for quite some time anyway.

Are you saying gay people are inferior?

No, I'm saying gay marriages are inferior to straight marriages. Too damn bad if you don't like my opinion on that either.

 

[Sky Dancer]

They are inferior, but who cares? Let them marry.

Or better yet, Hey government you have no right to regulate marriage in the first place, get out of the business. Meaning I can go ahead and marry my wife's sister also, I've had my eye on her for quite some time anyway.

Are you saying gay people are inferior?

No, I'm saying gay marriages are inferior to straight marriages. Too damn bad if you don't like my opinion on that either.

What makes them inferior?

 

[52ndStreet]

Oh who didn't see this coming?

"Fuck the will of the people, we fascists jerkoffs want the right to force our perversions on everyone we damn well please. Our rights matter, you straights fucking suck if you disagree and shouldn't be allowed to have rights!"

Way to feed homo-hatred, judge! Great way to assure violence will probably go up in the future if this stands.

America is becoming one of the sickest most perverted countries on Earth!. The people have voted that they did not want Homo marriage. Now we have a judge trying to force sodomy
on an entire state!?.The American Sodom and Gomorrah will be destroyed.!!

 

[Qball]

I'm going to try and practice some of Obama's "calm" over this and look ahead:

This needed to happen. See, despite what plenty on the pro-gay marriage side have said, everything the Prop 8 campaign said regarding the supporters of gay marriage -- that they're a litigious special interest group who don't give a damn about the voters insofar as they vote the "right" way, they're anti-religious and have no qualms about attacking the church, they're racist against blacks all while braying about tolerance, that they want this to go into the schools to be "taught" -- has been proven to be correct, to one degree or another.

Gay marriage proponents better hope this ruling maintains, because I bet they're not going to win anything at the ballot box. I don't care how much people say they support gay marriage...time and time again it's been proven that a majority of people don't support it, and things like this imply that those people are hateful bigots, and they will resent that implication. I know I do.

This gay judge decided to tell the several million California voters to go fuck themselves. I can't wait to see how they feel about that.

 

[Sky Dancer]

Oh who didn't see this coming?

"Fuck the will of the people, we fascists jerkoffs want the right to force our perversions on everyone we damn well please. Our rights matter, you straights fucking suck if you disagree and shouldn't be allowed to have rights!"

Way to feed homo-hatred, judge! Great way to assure violence will probably go up in the future if this stands.

America is becoming one of the sickest most perverted countries on Earth!. The people have voted that they did not want Homo marriage. Now we have a judge trying to force sodomy
on an entire state!?.The American Sodom and Gomorrah will be destroyed.!!

We have different ideas of what is sick and perverted. IMO hatred is sick and perverted.

 

[Big Fitz]

It means alot to me. I waited 25 years to be able to marry. I was married for just a few weeks and it was reversed.

The court grandfathered us all in, so I continue to be married.

It's made a big difference in my life. And it's made alot of people who know me and my partner very happy.

There we go, bias due to personal gain. Invalidates your whole stance as an honest broker. I have nothing to gain other than my right as an individual to have my vote count and not be reversed by some dickfur in a black robe.

Ad hominem.

Oh grow up. If you can't play hard ball, find another forum. Try Hannity. They treat libs with kid gloves there because they can't hack being forced to stand equally.

 

[Luissa]

They are inferior, but who cares? Let them marry.

Or better yet, Hey government you have no right to regulate marriage in the first place, get out of the business. Meaning I can go ahead and marry my wife's sister also, I've had my eye on her for quite some time anyway.

Are you saying gay people are inferior?

No, I'm saying gay marriages are inferior to straight marriages. Too damn bad if you don't like my opinion on that either.

Actually, that isn't what you said the first time.
But that doesn't matter. Are you comparing all gay marriages to all straight marriages?

 

[WillowTree]

This was a court ruling Willow. It's one I'm very happy with.

Yes, I know you are dear but my statement had to do with the fact that California has paid for two elections that have cost the taxpayer dearly and both times the people voted no. Now that vote has been rendered inconsequential so stop pretending to let the people vote. and before you say anything I have NO problem with gay marriage, my problem is fake elections.

 

[ConHog]

Are you saying gay people are inferior?

No, I'm saying gay marriages are inferior to straight marriages. Too damn bad if you don't like my opinion on that either.

What makes them inferior?

My religion. I don't ask you to agree with it, I don't ask you to abide by it, I don't demand that you don't have the ability to get married. I simply state that in my mind a gay marriage =/= straight marriage.

Hell , I even have said let them marry, even if my religion says it's wrong, that's the person who's doing its problem, not mine and so why should I be concerned with what you do?

 

[ConHog]

Are you saying gay people are inferior?

No, I'm saying gay marriages are inferior to straight marriages. Too damn bad if you don't like my opinion on that either.

Actually, that isn't what you said the first time.
But that doesn't matter. Are you comparing all gay marriages to all straight marriages?

OH shut up. I have consistently said from long before I came to this board that I am pro gay marriage even though I personally find homosexuality sick. Go ahead and search my posts.

 

[WillowTree]

The Segregationists lose again!

If you only had a brain.