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California gay marriage ban overturned: report

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I thought I'd just contribute this...

It made me smile.

enhanced-buzz-10297-1281022458-10.jpg


Reminds me of Inferno and Alice.

More here:

The Best Prop 8 Decision Day Celebration Pictures: Pics, Videos, Links, News

p.s.
The greatest thing you'll ever learn is just to love and be loved in return.

"Nature Boy," - Nat King Cole
 
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All the ones that opposite sex, legally married couples get simply by signing a single contract. (though, same sex marriages can't be performed there until the stay is lifted)



This is California, I thought they already had this. :confused:
 
I am completely ignoring the discrimination argument altogether. What I am saying is that it does not apply. The government and the people often make laws that allow some things and prevent others.

Yes they "dsicriminate", that's the point I was making.


Tim-
 
Simple. it has been the precedent of the federal government that marriage is a fundamental civil right. As such, for California to intrude and deny that right to same sex couples, it must provide stict scrutiny for why it has done so. California failed to provide decent rational as to why same sex couples should be denied the right to marry, and thus the judge found that same sex couples were denied due process of law.

Can you provide the precedent?

Tim-
 
Can you provide the precedent?

Tim-

Here's an article that overviews the topic.
The right to marry and the Constitution

Here are the essential rulings that establish marriage as an essential right:

The first state marriage law to be invalidated was Virginia's miscegenation law in Loving v Virginia (1967). Mildred Jeter, a black woman, and Richard Loving, a white man, had been found guilty of violating Virginia's ban on interracial marriages and ordered to leave the state. The Court found Virginia's law to violate the Equal Protection Clause because it invidiously classified on the basis of race, but it also indicated the law would violate the Due Process Clause as an undue interference with 'the fundamental freedom" of marriage.

In Zablocki v Redhail (1978), the Court struck down a Wisconsin law that required persons under obligations to pay support for the children of previous relationships to obtain permission of a court to marry. The statute required such individuals to prove that they were in compliance with support orders and that marriage would not threaten the financial security of their previous offspring. The Court reasoned that marriage was "a fundamental right" triggering "rigorous scutiny" of Wisconsin's justifications under the Equal Protection Clause.

In Turner v Safley (1987), the Court refused to apply strict scutiny to a Missouri prison regulation prohibiting inmates from marrying, absent a compelling reason. Instead, the Court found the regulation failed to meet even a lowered standard of "reasonableness" that it said it would apply in evaluating the constitutionality of prison regulations.
 
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Here's an article that overviews the topic.
The right to marry and the Constitution

Here are the essential rulings that establish marriage as an essential right:

The first state marriage law to be invalidated was Virginia's miscegenation law in Loving v Virginia (1967). Mildred Jeter, a black woman, and Richard Loving, a white man, had been found guilty of violating Virginia's ban on interracial marriages and ordered to leave the state. The Court found Virginia's law to violate the Equal Protection Clause because it invidiously classified on the basis of race, but it also indicated the law would violate the Due Process Clause as an undue interference with 'the fundamental freedom" of marriage.

In Zablocki v Redhail (1978), the Court struck down a Wisconsin law that required persons under obligations to pay support for the children of previous relationships to obtain permission of a court to marry. The statute required such individuals to prove that they were in compliance with support orders and that marriage would not threaten the financial security of their previous offspring. The Court reasoned that marriage was "a fundamental right" triggering "rigorous scutiny" of Wisconsin's justifications under the Equal Protection Clause.

In Turner v Safley (1987), the Court refused to apply strict scutiny to a Missouri prison regulation prohibiting inmates from marrying, absent a compelling reason. Instead, the Court found the regulation failed to meet even a lowered standard of "reasonableness" that it said it would apply in evaluating the constitutionality of prison regulations.

You forgot Griswold versus Connecticut (1965) and Cleveland Board of Education v. Lafleur (1974).
 
But they had civil unions no? Other than the label of "marry" what changes?

Instead of same sex couples being offered a culutrally inferior and unfamiliar official relationship they are offered the dignitiy, respect, and stature inherent in marriage. It also means that California no longer has to recognize two "separate but equal" forms of legally recognized relationships.
 
zero to thirty one means nothing...

LOL!

Well, the German people overwhelmingly put the Nazis and Adolf Hitler in power. That didn't make them right either, did it?
 
Instead of same sex couples being offered a culutrally inferior and unfamiliar official relationship they are offered the dignitiy, respect, and stature inherent in marriage. It also means that California no longer has to recognize two "separate but equal" forms of legally recognized relationships.


so there is no difference, if I am understanding you right, here than, emotional? Do you think the 7 million folks who had their will overturned will not magically accept these "marriages" as anything more than what they were before the ruling, by 1 man?

Are you suggesting the government can mandate acceptance, mandate diginty, respect, etc?
 
Hopefully the right to marry the person they love and want to establish a monogamous relationship with.

Well, marriage currently doesn't give anyone the right to marry the person they love. It gives them a right to marry a person of the opposite sex. If they love someone of the opposite sex that doesn't get married, they don't have the right to be married to that person. Additionally there's no requirement or need now necessarily to "love" the perosn you're marrying. There's not really a regularly enforced need for monogamy and marriage if a couple doesn't wish it.
 
so there is no difference, if I am understanding you right, here than, emotional? Do you think the 7 million folks who had their will overturned will not magically accept these "marriages" as anything more than what they were before the ruling, by 1 man?

Are you suggesting the government can mandate acceptance, mandate diginty, respect, etc?

There's a difference of about 120 specific rights and privileges between marriage and domestic partnerships, which is all california offers.
 
There's a difference of about 120 specific rights and privileges between marriage and domestic partnerships, which is all california offers.




Thanks..... I really didn't know. You know me, I don't care if someone wants to "marry a goat", it's none of my business.... Personally I think the government should be out of the marriage business.
 
The right to refer to ones coupling as marriage in a legal sense.

Much the same as other issues in the past where they've tried to proclaim something is "seperate" but "equal".

Having two seperate things called two seperate things that are similar in all other ways does not make them equal, it makes them similar.

This is akin to saying "What right does a plack person miss out if he's forced to sit in a specific section of a resturant. Can he still go to the resturant? Can he still eat the food? Can he sill get a table? If its equal amount of distance from the door as a table on the "white" side does he still not have the same ease of access? So what's the "difference" there other than an emotional claim to wanting to be able to sit in the same places the whites can sit at?
 
It's even funnier watching you bolt from a discussion that's over your head.

You obviously lack a basic understanding of how state and fed courts function. These are not difficult concepts, the path is mostly linear in an upward direction -- hence the term, 'higher court'. Once a case or issue reaches the end of the road at the state level (state supreme court) AND if there is a legitimate civil rights or interstate commerce issue, then a plaintiff can seek remedy in a higher court -- the federal courts.

Hope this helps.

Making statements and refusing to back them up says much about the people that support this judge.
 
Dude, no offense, but you were the one who came into this thread and claimed that the issue hadn't gone before states courts before it was overturned by the federal court. You were the one making unsupported claims and then you demanded that people disprove your unsupported claims. The worst part is, common sense and a basic understanding of civics should have lead you to understand that this could not even be a federal case if it hadn't gone through the state courts. The reason you have been getting hammered in this thread is because you came in here uninformed on the issue of discussion and clearly uneducated on the structure of the court system.

When people work so hard to avoid backing up statements it shws me who is not prepared
 
A question for everyone in here....

For the liberals ---> Why have some of you, or in general many liberals, decried the rulings of judges in other states as wrong, unconstitutional, and erronious when they've ruled that such things ARE constitutional. Why did liberals by and large degrade such rulings, while simultaneously continually pointing to this going "See, see, a judge said so!" as some kind of proof that it is constitutional and that people should automatically accept it. More precisely, why do you think people should be held to a standard that liberals have not been holding to time, and time, and time again?

For the conservatives ---> Conservatives generally pointed towards judges in the past making a ruling on the constitutionality of this as being "proof" that their position is right constitutionally. However, if you're basing the argument off a judges decision then how is this one different in its legitimacy. The statement "he's gay, he's biased" is no more reasonable than "the other judges were straight, and biased". Indeed, on what ground or basis do conservatives by and large deny their hypocrisy of going "see, see, a judge said it was constitutional so it is" to turn around and say "It doesn't matter what a judge says".

Would it not be more appropriate, more apt, and less hypocritical on both sides to simply state that this result simply means its a step closer to the Surpreme Court and actually being decided rather than attempting every time one of these come out to say "SEE! This proves it! MY side is RIGHT because a JUDGE said so."?

This judges ruling is no more important nationally or constitutionally than any of the judges before him, and theirs no more important than his. This proves nothing other than that THIS particular judge feels its unconstitutional. All this does, along with the others, is provide the possability of this making it to the Surpeme Court.

As to the ruling, I'm unsure of my feelings in regards to due process though agree with it under equal protection but for reasons outside of what the gay movement pushes.

With that said, I don't think this will help anyone and I think it getting pushed to the Supreme Court is going to continue this schism in the country and cause the isue to not die down anytime in the near future. I think this is the shoe horned approach, primarily because both sides have reached a point where they've entrenched themself so much that reasonable, rational, discussion and attempts at compromise in an intelligent way is almost beyond possible.

Zyphlin, for me, I can disagree with a ruling without using rhetoric like "activist judge"(you won't see me make that claim) or "biased judge who should recuse"(another you won't see except in extreme cases). Further, I am looking at the result of rulings. I am not a lawyer, and the subtlety of the law is difficult for me. I find reading rulings to be a painful affair.

I would point out that I have not called this the "right" decision, only that it is good news for our side. Maybe that is the difference in what you are talking about, and my position.

Now back to trying to get caught up on this thread.
 
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