9th Circuit Appeals Court affirms holding that CA gay marriage ban is unconstitutional

Discussion in 'Archive: Your Jedi Council Community' started by KnightWriter, Aug 4, 2010.

  1. KnightWriter Administrator Emeritus

    Member Since:
    Nov 6, 2001
    star 8
    The Prop 8 trial in California is expected to reach a conclusion today. From what I was just reading, it looks likely that the plaintiffs have prevailed and Prop 8 will be overturned. From there it will go on to to the 9th Circuit (where it would be upheld) and from there to the Supreme Court.

    Jello edit: Judge Walker has actually enjoined, not overturned, Prop 8. However, he's also issued a temporary stay, so the injunction has not actually taken effect yet and Prop 8 is still the law.
  2. Vincent-Kenobi Jedi Grand Master

    Member Since:
    Sep 4, 2008
    star 3
  3. Obi-Zahn Kenobi Chosen One

    Member Since:
    Aug 23, 1999
    star 7
    QFT.
  4. DarthLowBudget Force Ghost

    Member Since:
    Jan 17, 2004
    star 5
    Here's hoping for a good outcome (meaning an overturning).
  5. Darth-Lando Chosen One

    Member Since:
    Aug 12, 2002
    star 6
    I'm still disappointed in my fellow Californians that Prop 8 passed in the first place. :(
  6. Lord Vivec Chosen One

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    Apr 17, 2006
    star 7
  7. DarthLowBudget Force Ghost

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    Jan 17, 2004
    star 5
  8. KnightWriter Administrator Emeritus

    Member Since:
    Nov 6, 2001
    star 8
    From CNN.com: Prop 8 has been overturned.

    See here.
  9. Ramza JC Head Admin and RPF Manager

    Administrator
    Member Since:
    Jul 13, 2008
    star 7
    POPFLY INTO THE ENDZONE!

    Er... TOUCHDOWN![face_dancing]
  10. blubeast1237 Force Ghost

    Member Since:
    Apr 10, 2007
    star 5
    A victory for Civil Rights.:cool:

    -b
  11. VadersLaMent Chosen One

    Member Since:
    Apr 3, 2002
    star 9
    Overturned. A victory for human beings being treated like human beings.
  12. Vincent-Kenobi Jedi Grand Master

    Member Since:
    Sep 4, 2008
    star 3
    [image=http://i664.photobucket.com/albums/vv2/Adam-Nuchtern/applause.gif]
  13. Vengance1003 Jedi Grand Master

    Member Since:
    Mar 4, 2006
    star 5
    A mistake that shouldn't have happened in the first place, but I'm glad that it was corrected. Hooray! [face_dancing]
  14. DarthLowBudget Force Ghost

    Member Since:
    Jan 17, 2004
    star 5
  15. DarthIshtar Chosen One

    Member Since:
    Mar 26, 2001
    star 9
    From Yahoo's article: "Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing."

    Who's to say that same-sex couples can't responsibly raise children? Or that heterosexuals make better parents?

    Personally, I'm a registered Republican voting in a state where you get snubbed for being a Democrat, but I personally think that there should be gay rights. I am glad that the overturning.
  16. DarthLassic007 Jedi Grand Master

    Member Since:
    Nov 25, 2002
    star 6
    This is pretty big. It's the first time ever that a federal judge has ruled that a ban on same-sex marriage violates the constitution.

    It's not over yet. This will be appealed to the federal appellate court (IIRC, the 9th Circuit) and then the loser there will appeal it to the U.S. Supreme Court.
  17. KnightWriter Administrator Emeritus

    Member Since:
    Nov 6, 2001
    star 8
    Lassic, everyone with a tiny bit of knowledge about the 9th Circuit Court knows what it will be upheld there. From what I'm reading, Judge Walker crafted a very strong decision in favor of overturning Prop 8 and it will be difficult for the Supreme Court to overturn it without having to go through some tough gyrations. Not that they haven't done this before, like with Bush v. Gore, but it's still important.

    See here:

    The opinion is, again as predicted, extremely well written, consummately detailed, brilliantly structured and contains a foundation of extremely well supported findings of fact and conclusions of law. In short, Vaughn Walker has crafted as fine a foundational opinion as could possibly be hoped for, and one that is designed with the intent to withstand appellate scrutiny not just in the 9th Circuit, but in the Supreme Court as well.
  18. TheGuardianofArlon Force Ghost

    Member Since:
    Feb 26, 2007
    star 6
    What the heck man? The people of California voted for it to not be allowed. Now were going to overturn the people's decision? Why not have another vote on the issue instead of saying "screw you" to the majority?

    This = bullcrap
  19. somethingfamiliar Jedi Grand Master

    Member Since:
    Aug 20, 2003
    star 5
  20. KnightWriter Administrator Emeritus

    Member Since:
    Nov 6, 2001
    star 8
    It's unconstitutional, man.

    The majority is not allowed to tyrannize the minority. Segregation would have been upheld by vote in many southern states for a long time after it was finally ended at the law's gunpoint.
  21. Strilo Manager Emeritus

    Member Since:
    Aug 6, 2001
    star 8
    "That the majority of California voters supported Proposition 8 is irrelevant, as 'fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.'" Decision at p. 117.

    You don't have the right to vote on MY rights Arlon. Get that through your head.
  22. Vincent-Kenobi Jedi Grand Master

    Member Since:
    Sep 4, 2008
    star 3
  23. Lord Vivec Chosen One

    Member Since:
    Apr 17, 2006
    star 7
    Clearly you need a lesson on the concept of "checks and balances."
  24. TheGuardianofArlon Force Ghost

    Member Since:
    Feb 26, 2007
    star 6
    Didn't Bill Clinton sign this marriage thing in the 90's saying its only between man and woman? Where is that information?


    Well california...so long. sadly this will be happening all over America....Good bye sanctity of Marriage.

    Nothing is holy anymore...
  25. KnightWriter Administrator Emeritus

    Member Since:
    Nov 6, 2001
    star 8
    Didn't Bill Clinton sign this marriage thing in the 90's saying its only between man and woman? Where is that information?


    Struck down in Massachusetts, actually.