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San Jose Mercury News: California gay marriage ban struck down, appeals court cites equal rights


Larry

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Link.

A federal appeals court on Tuesday struck down Proposition 8, finding California's ban on same-sex marriage unconstitutional because it deprives gay and lesbian couples of the equal right to wed.

With a decision that pushes the gay marriage issue a step closer to the U.S. Supreme Court, the 9th U.S. Circuit Court of Appeals upheld former San Francisco Chief U.S. District Judge Vaughn Walker, who invalidated Proposition 8 in 2010 after an unprecedented trial.

"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples," Judge Stephen Reinhardt wrote, joined by Judge Michael Daly Hawkins.

More at link.

Oh, near as I can tell, the court ruled Prop 8 unconstitutional, but did not order it removed, pending appeals.. So it's been ruled unconstitutional, but apparently it stays in effect, anyway. (No, I have no idea why.)

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It's only a matter of time till this was given the green light in California. It is sort of odd that it hasnt been made legal here yet.

California Supreme Court did make it legal. Then the right wing decided to make a fundamental right into a referendum for a majority vote. Then the Mormon big dollars waged a fear campaign and a fundamental right was taken away from the people.

If it can happen to same sex marriage, it can happen to any of our rights. We need to fight to keep fundamental rights away from majority voter referendum.

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California Supreme Court did make it legal. Then the right wing decided to make a fundamental right into a referendum for a majority vote. Then the Mormon big dollars waged a fear campaign and a fundamental right was taken away from the people.

If it can happen to same sex marriage, it can happen to any of our rights. We need to fight to keep fundamental rights away from majority voter referendum.

I honestly dont view it as being that dire in 2012 for us, but I still respect the vigilance you mention. Things like this happen over time and prevailing attitudes change afterall. Now we just need the Feds to respect the medical marijuana law passed here and then walked upon but heck, that's a debate for another thread.
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The majority do not have the right to oppress the minority.

I wish more people believed in this.

---------- Post added February-7th-2012 at 03:36 PM ----------

How would same sex marriage be considered oppressive ?

I suspect his statement is that not allowing same sex marriage, while allowing other marriages, is oppressive to homosexuals.

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How would same sex marriage be considered oppressive ?

Maybe the same way that mixed race marriages were once outlawed in the United States. Read the Loving v. Virginia decision. Last full paragraph states that marriage is a fundamental right. I've quoted that decision numerous times on this forum, now I'll just point to it.

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I agree. But the absurdity of the proposition system and the failure of the majority party (Dems) to squash this in the first place are at fault.

I agree. The system wastes too many resources. It can easily be fixed.

This whole thought process of "I have an idea" should be double and triple checked to make sure it is all within our rights.

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I agree. The system wastes too many resources. It can easily be fixed.

This whole thought process of "I have an idea" should be double and triple checked to make sure it is all within our rights.

It's mainly a joke..but I would vote for a proposition to end the proposition system in California.

:ols:

Of course, now the people are wanting a part-time legislature. One that will probably do even less than what they do now - thus forcing the people to vote on and have propositions that affect the big changes.

Back on topic - I hope that today's ruling sticks. It's about damn time that this state joined the 7-8 other states that recognize gay marriage.

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I suspect his statement is that not allowing same sex marriage, while allowing other marriages, is oppressive to homosexuals.

Exactly. It is their/your/our private personal lives that rarely have any effect on day to day life.

Maybe the same way that mixed race marriages were once outlawed in the United States. Read the Loving v. Virginia decision. Last full paragraph states that marriage is a fundamental right. I've quoted that decision numerous times on this forum, now I'll just point to it.

I was shocked the other day when I saw something about some controversy involving a mixed couple in an ad.

Get over it already people. It's simple. Let people live their lives happy. It's none of my business unless it is somehow hurting other people or myself or family. Gay marriage certainly does none of those things to me, and most people if they actually thought about it.

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I was shocked the other day when I saw something about some controversy involving a mixed couple in an ad.

Get over it already people. It's simple. Let people live their lives happy. It's none of my business unless it is somehow hurting other people or myself or family. Gay marriage certainly does none of those things to me, and most people if they actually thought about it.

Attempt to lighten things up some.

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interesting reasoning,especially the inferior reference when the same rights are availiable.

If they required the listing of it as same sex marriage would it still be inferior?;)

hurry up and get to SCOTUS and put this to bed

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