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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

    KnightWriter Administrator Emeritus star 9 VIP - Former Mod/RSA

    Registered:
    Nov 6, 2001
    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

    Vincent-Kenobi Jedi Knight star 3

    Registered:
    Sep 4, 2008
    Fingers crossed.
     
  3. Obi-Zahn Kenobi

    Obi-Zahn Kenobi Jedi Grand Master star 7

    Registered:
    Aug 23, 1999
    QFT.
     
  4. DarthLowBudget

    DarthLowBudget Jedi Master star 5

    Registered:
    Jan 17, 2004
    Here's hoping for a good outcome (meaning an overturning).
     
  5. Darth-Lando

    Darth-Lando Jedi Grand Master star 6

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

    Lord Vivec Chosen One star 8

    Registered:
    Apr 17, 2006
     
  7. DarthLowBudget

    DarthLowBudget Jedi Master star 5

    Registered:
    Jan 17, 2004
    Same here.
     
  8. KnightWriter

    KnightWriter Administrator Emeritus star 9 VIP - Former Mod/RSA

    Registered:
    Nov 6, 2001
    From CNN.com: Prop 8 has been overturned.

    See [link=http://www.cnn.com/2010/US/08/04/california.same.sex.ruling/index.html?hpt=T1&iref=BN1]here[/link].
     
  9. Ramza

    Ramza Administrator Emeritus star 8 VIP - Former Mod/RSA VIP

    Registered:
    Jul 13, 2008
    POPFLY INTO THE ENDZONE!

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

    blubeast1237 Jedi Master star 5

    Registered:
    Apr 10, 2007
    A victory for Civil Rights.:cool:

    -b
     
  11. VadersLaMent

    VadersLaMent Chosen One star 10

    Registered:
    Apr 3, 2002
    Overturned. A victory for human beings being treated like human beings.
     
  12. Vincent-Kenobi

    Vincent-Kenobi Jedi Knight star 3

    Registered:
    Sep 4, 2008
    [image=http://i664.photobucket.com/albums/vv2/Adam-Nuchtern/applause.gif]
     
  13. Vengance1003

    Vengance1003 Jedi Knight star 5

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

    DarthLowBudget Jedi Master star 5

    Registered:
    Jan 17, 2004
  15. DarthIshtar

    DarthIshtar Jedi Grand Master star 9

    Registered:
    Mar 26, 2001
    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

    DarthLassic007 Jedi Master star 6

    Registered:
    Nov 25, 2002
    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

    KnightWriter Administrator Emeritus star 9 VIP - Former Mod/RSA

    Registered:
    Nov 6, 2001
    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 [link=http://emptywheel.firedoglake.com/]here[/link]:

    [blockquote]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.[/blockquote]
     
  18. TheGuardianofArlon

    TheGuardianofArlon Jedi Master star 6

    Registered:
    Feb 26, 2007
    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

    somethingfamiliar Jedi Knight star 5

    Registered:
    Aug 20, 2003
  20. KnightWriter

    KnightWriter Administrator Emeritus star 9 VIP - Former Mod/RSA

    Registered:
    Nov 6, 2001
    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

    Strilo Manager Emeritus star 8 VIP - Former Mod/RSA

    Registered:
    Aug 6, 2001
    "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

    Vincent-Kenobi Jedi Knight star 3

    Registered:
    Sep 4, 2008
     
  23. Lord Vivec

    Lord Vivec Chosen One star 8

    Registered:
    Apr 17, 2006
    Clearly you need a lesson on the concept of "checks and balances."
     
  24. TheGuardianofArlon

    TheGuardianofArlon Jedi Master star 6

    Registered:
    Feb 26, 2007
    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

    KnightWriter Administrator Emeritus star 9 VIP - Former Mod/RSA

    Registered:
    Nov 6, 2001
    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.