Author Topic: [GOOOOOOOOO CALI] California lifts gay marriage ban
ellybeanjay 
Registered: Jul '00
45262_Yoda Tongue Smiley
Date Posted: 5/15 11:10am Subject: [GOOOOOOOOO CALI] California lifts gay marriage ban
California's top court has ruled that a state law banning marriage between same-sex couples is unconstitutional.

The state's Supreme Court ruled that the "right to form a family relationship" applied to all Californians regardless of sexuality.

The ban was approved by voters in 2000 but challenged by gay rights activists and the city of San Francisco.

California's legislature has twice passed laws to make gay marriage legal but the state governor has vetoed them.

The ruling paves the way for California to become only the second US state, after Massachusetts, to allow same-sex marriage, although more challenges are expected.

The seven-judge panel voted 4-3 in favour of the plaintiffs who argued that the 2000 law was discriminatory.

"Limiting the designation of marriage to a union 'between a man and a woman' is unconstitutional and must be stricken from the statute," California Chief Justice Ron George said in the written opinion.

The decision is expected to re-invigorate the fight for same-sex marriage rights nationwide, say gay activists.

California currently offers same-sex couples who register as domestic partners the same legal rights and responsibilities as married men and women.

Other states, such as Vermont and New Jersey, have similar civil union provisions.

Proposition 22

The judges on California's Supreme Court heard arguments for and against the legality of the ban in March.

The law, approved by Californians in a 2000 referendum and known as Proposition 22, states that "only marriage between a man and a woman is valid or recognised in California".

Gay rights group Equality California was joined by nearly two dozen gay couples and the city of San Francisco in bringing the case after hundreds of gay marriages conducted in 2004 were ruled invalid.

In early 2004, San Francisco became the first place in the US where gay couples were able to marry after the city's Mayor Gavin Newsom authorised same-sex marriage licences, claiming existing legislation was discriminatory.

In August of that year, California's Supreme Court ruled the mayor had overstepped his authority and nullified the unions.

That action prompted the lawsuit the state's top court has now ruled on.

[source]

Not bad, Cali.

 

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moosemousse 
Title: CR - FF:UK South
Registered: Oct '04
46065_Rianna Saren
Date Posted: 5/15 11:13am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
Oh wow! That's fantastic news! dancing

 

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Andalite-Bandit 
Registered: Apr '05
41071_Andalite Jedi
Date Posted: 5/15 11:13am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban - Date Edited: 5/15 11:13am (1 edits total) Edited By: Andalite-Bandit
Can it be a coincidence that Jesus intends to destroy California with an earthquake and send it into the sea, when California is the very same state that allows gay people to get married, which is clearly forbidden in an obscure line of text in a two thousand year old book? It can not be a coincidence.

 

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Natasi 
Registered: May '08
24173_Padme
Date Posted: 5/15 11:13am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
applause

 

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Whitey 
Registered: Jan '03
42358_Jacen Solo
Date Posted: 5/15 11:14am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
flag And that's without irony.

 

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Quixotic-Sith 
Title: Manager Emeritus
Registered: Jun '01
6264_Darth Maul
Date Posted: 5/15 11:15am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
Cool. I've never really understood the "marriage = 1 man + 1 woman" thing. Seems rather arbitrary and unfounded. It's especially fun when people start making sociological claims "for the children", only to be undermined by the data showing no differences between kids raised by same-sex and opposite-sex parents.

 

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Princess_Tina 
Registered: May '01
14698_Padme
Date Posted: 5/15 11:15am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
YEY!

applause

 

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ShrunkenJedi 
Registered: Apr '03
40013_Leia Jedi
Date Posted: 5/15 11:20am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
As a move towards equal rights and equal treatment, and personally a resident of the first and only other state with a similar ruling, I heartily applaud this measure. happy

 

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dp4m 
Registered: Nov '01
13878_Luke Skywalker<br>Dark Empire
Date Posted: 5/15 11:40am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban - Date Edited: 5/15 11:43am (1 edits total) Edited By: dp4m
Quixotic-Sith posted:
Cool. I've never really understood the "marriage = 1 man + 1 woman" thing. Seems rather arbitrary and unfounded. It's especially fun when people start making sociological claims "for the children", only to be undermined by the data showing no differences between kids raised by same-sex and opposite-sex parents.


Really? You never understood it? I find that surprising, given how intelligent and well-learned you are. tongue

Basically, marriage is a religious term. Coined by religious texts and, unfortunately, adopted into US law/tax code in violation of the principles of church and state separation.

Personally, I TOTALLY agree with the fact that the definition of "marriage" is man/woman only -- because that's the actual definition. However, I want the US legal system and tax code to abolish the term and to use a more neutral "recognized status" term to apply to any state-sanctioned / federally-sanctioned family unit, which I want to include same-sex unions.

Basically, I agree with the Fundamentalists who believe that marriage is between a man and a woman only and with the Gay Rights movement for equality for all. So I'm going to hell twice, which is great then 'cause my people don't believe in it... grin

EDIT: A couple of more things actually:

1) I'm amazed the CASC overturned this, as I would have thought there'd be enough state-wide Republican judges on the panel to kibosh it.
2) Which appeal is next? Circuit Court of Appeals or USSC? I know much of the rest of the NW hates CA for this very reason (the sheer amount of CA judges don't usually represent the "interests" of rural OR, WA, ID, etc. voters).

 

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Natasi 
Registered: May '08
24173_Padme
Date Posted: 5/15 11:45am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
It is a very debatable topic. On religious grounds, I don't believe in it, since, as dp4m said, marriage is a religious institution and should be able to be defined by the Church. However, politically, since it is an institution that has been adopted into secular culture, I don't believe it's right to withhold rights from anyone depending on personal decisions they've made for their lives.

Ideally? I'd like gays to be able to have civil unions, and even be married (since it is a part of secular culture now) but preferably not in a church, since it goes against what their religion states. I don't think the state can force a church to do anything, though, because of the separation, but I think the only way gay marriage is wrong is if it's imposed on other people who have made personal decisions to not condone it.

 

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Yodas-evil-twin 
Registered: Jun '05
46253_TFN Turns "10"
Date Posted: 5/15 11:47am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
Woot!

 

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GrandAdmiralJello 
Title:
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Registered: Nov '00
44644_Imperial Laurels
Date Posted: 5/15 11:49am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban - Date Edited: 5/15 11:49am (1 edits total) Edited By: GrandAdmiralJello
This is garbage. I don't care who marries who and what it's called, but I vehemently protest the notion that courts can render the will of the people as unconstitutional.

I'm sorry, but the Constitution is a pact between the government and the People guarenteeing certain protections and the like. It is absolutely unacceptable for the government to impose shackles on the popular will on the basis of the very document that was created to limit the government's power. They do this all to often, and they keep doing this without showing any sign of abating.

I'm disgusted.

 

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ellybeanjay 
Registered: Jul '00
45262_Yoda Tongue Smiley
Date Posted: 5/15 11:49am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
dp4m posted:
Basically, marriage is a religious term. Coined by religious texts and, unfortunately, adopted into US law/tax code in violation of the principles of church and state separation.

Personally, I TOTALLY agree with the fact that the definition of "marriage" is man/woman only -- because that's the actual definition. However, I want the US legal system and tax code to abolish the term and to use a more neutral "recognized status" term to apply to any state-sanctioned / federally-sanctioned family unit, which I want to include same-sex unions.

Basically, I agree with the Fundamentalists who believe that marriage is between a man and a woman only and with the Gay Rights movement for equality for all. So I'm going to hell twice, which is great then 'cause my people don't believe in it... grin
Even if marriage originated as a religious term, can you really argue that it is still one?

Also, the definition of marriage has changed over the years - namely the permanence of it.

 

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ellybeanjay 
Registered: Jul '00
45262_Yoda Tongue Smiley
Date Posted: 5/15 11:51am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban - Date Edited: 5/15 11:51am (1 edits total) Edited By: ellybeanjay
GrandAdmiralJello posted:
This is garbage. I don't care who marries who and what it's called, but I vehemently protest the notion that courts can render the will of the people as unconstitutional.
So if the will of the people was slavery, then you would believe that the supreme court shouldn't overturn it?

 

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lexu 
Registered: May '02
20236_Mara Jade
Date Posted: 5/15 11:52am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
GrandAdmiralJello posted:
This is garbage. I don't care who marries who and what it's called, but I vehemently protest the notion that courts can render the will of the people as unconstitutional.

I'm sorry, but the Constitution is a pact between the government and the People guarenteeing certain protections and the like. It is absolutely unacceptable for the government to impose shackles on the popular will on the basis of the very document that was created to limit the government's power. They do this all to often, and they keep doing this without showing any sign of abating.

I'm disgusted.

As much as I am pro-gay marriage, I think this is a valid point, too, although I think they're saying that having held this item up to popular vote in the first place was the part that was unconstitutional. Correct me if I'm wrong.

 

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Natasi 
Registered: May '08
24173_Padme
Date Posted: 5/15 11:53am Subject: RE: [GOOOOOOOOO CALI] California lifts gay marriage ban
ellybeanjay posted:
dp4m posted:
Basically, marriage is a religious term. Coined by religious texts and, unfortunately, adopted into US law/tax code in violation of the principles of church and state separation.

Personally, I TOTALLY agree with the fact that the definition of "marriage" is man/woman only -- because that's the actual definition. However, I want the US legal system and tax code to abolish the term and to use a more neutral "recognized status" term to apply to any state-sanctioned / federally-sanctioned family unit, which I want to include same-sex unions.

Basically, I agree with the Fundamentalists who believe that marriage is between a man and a woman only and with the Gay Rights movement for equality for all. So I'm going to hell twice, which is great then 'cause my people don't believe in it... grin
Even if marriage originated as a religious term, can you really argue that it is still one?


I believe that would be the Bible. happy

 

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