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Thread: Court halts Calif. gay marriages pending appeal

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    Re: Court halts Calif. gay marriages pending appeal

    I'm not really interested in another SSM marriage debate. I think we all know where each of us stands on this issue. It's been said ad nauseum.

    What the 9th circuit did was not unfair, it was just unfortunate. Oh well... I'm sure people won't mind waiting until November to find out that they can get married and have equal rights.

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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by MrVicchio View Post
    I guess... if you're a homophobe.

    Otherwise, people have to put there lives on hold for another 6-9 mos while the 9th circuit dots the i's, crosses the t's.

    I hope they don't hold up weddings until this goes all the way to scotus.

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    Re: Court halts Calif. gay marriages pending appeal

    Why should we have to wait for equal rights to be popular for them to be implemented? Should we have waited for the individual states to integrate the schools by vote? I mean, nowhere in the Constitution does it say that education is a right, so why should the courts have integrated the schools when the majority of people opposed it? It's the same logic, the courts were right then, and hopefully this gets to the supreme court quickly, and they uphold the rights of LGBT people.
    Last edited by Your Star; 08-16-10 at 11:40 PM.
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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by MrVicchio View Post
    Ahh yes, the Gay is Race card!
    I was not implying that gay is a race, but a segment of the population being denied rights based on who they are.

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    Re: Court halts Calif. gay marriages pending appeal

    If anything is unconstitutional, it is legislating from a direct ballot. Completely undermines the separation of powers.

    Section 4.

    The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
    As direct ballots like Prop. 8 are instances of direct democracy, I question their republicanism.
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    Re: Court halts Calif. gay marriages pending appeal

    Just because the State of CA had no answer for a particular question, doesn't mean the answer doesn't exist. Will the 9th have enough latitude to make another argument in favor of the state? One of the central questions posed to the Respondents was that of the following:

    At oral argument on proponents’ motion for summary judgment, the court posed to proponents’ counsel the assumption that “the state’s interest in marriage is procreative” and inquired how permitting same-sex marriage impairs or adversely affects that interest. Doc #228 at 21. Counsel replied that the inquiry was
    “not the legally relevant question,” id, but when pressed for an answer, counsel replied: “Your honor, my answer is: I don’t know. I don’t know.” Id at 23

    There's an answer to this question.


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    9th Circuit Grants Stay Pending Appeal in Prop. 8 Case

    Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED.

    Le·gal In·sur·rec·tion: 9th Circuit Grants Stay Pending Appeal in Prop. 8 Case
    I could give a happy rat's ass if gay marriage is legal, but it makes me LOL to see Libbo pet issues get flushed down the toilet. I can't summon the words to say how overjoyed I am to see this turd blown out of the water by the most Liberal appelate court in the country. Could it be that someone is listening to the will of the people?
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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by MrVicchio View Post
    Funny how you are all for Gov't Forcing changes you support, but let a police officer pull you over for speeding...
    Again: How does this affect you?
    Jackboots always come in matched pairs, a left boot and a right boot.

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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by Morality Games View Post
    If anything is unconstitutional, it is legislating from a direct ballot. Completely undermines the separation of powers.



    As direct ballots like Prop. 8 are instances of direct democracy, I question their republicanism.
    Yeah. Good luck with that one.
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    Re: Court halts Calif. gay marriages pending appeal

    Quote Originally Posted by texmaster View Post
    Absolutely!

    Its nice to see the courts stand up for the rights of 7 million voters
    Theoretically, nobody had any right to vote on this issue because only courts have the constitutional authority to define a right. A right to gay marriage may exist, or it may not, but the public cannot decide one way or another. The public might lack the impartiality necessary to render a fair judgment, whereas judges have the training to make such judgments. In more legal terms, the U.S. Constitution says judges are the ones who interpret the U.S. Constitution, and Prop. 8 effectively overturned the interpretation of a court.

    Quote Originally Posted by Harshaw View Post
    Yeah. Good luck with that one.
    It's sort of hard to reconcile republicanism with populism. Their values contradict each other.
    Last edited by Morality Games; 08-17-10 at 12:14 AM.
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