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Old 4th August 2010, 03:23 PM   #1
SezMe
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Prop 8 Overturned

A judge has overturned Prop 8 in California which means gay marriage is legal. Here are a couple of quotes from the ruling which are bound to rankle the nutbars:

Quote:
The availability of domestic partnership does not provide gays and lesbians with a status equivalent to marriage because the cultural meaning of marriage and its associated benefits are intentionally withheld from same-sex couples in domestic partnerships.
Quote:
Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages
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Old 4th August 2010, 03:36 PM   #2
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Prop 8 Struck Down

And the crowd goes wild.
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Old 4th August 2010, 03:37 PM   #3
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Woo Hoo!
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Old 4th August 2010, 03:40 PM   #4
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Old 4th August 2010, 03:52 PM   #5
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Well, it looks like gay marriage will be legal by 2012.

The Mayans were right.
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Old 4th August 2010, 03:56 PM   #6
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Just saw this news a few minutes ago. Cool!
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Old 4th August 2010, 04:01 PM   #7
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This is just so great. There's still a ways to go but at least we're headed in the right direction.
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Old 4th August 2010, 04:01 PM   #8
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i am against the bigots who are against gay rights, more than i am against gay marriage.

so..congrats. good triumphs over evil.
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Old 4th August 2010, 04:03 PM   #9
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I honestly couldn't be happier. No, that's not true. I could have won the lottery, found out my son was already potty-trained, and received notification that a publisher wants to publish my book.

But this is reasonably close. I opposed Prop 8 when it was on the ballot, was much chagrined when it was passed, and I'm thrilled that the initial challenge has been successful.

Unfortunately, it's still too early to celebrate, as this ruling will most likely be appealed to a higher court.
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Old 4th August 2010, 04:08 PM   #10
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What are the odds of it being upheld by the Supremes? I give it a 50/50 shot...barring a radical change in the court of course.

The key vote is Kennedy and he is a mixed bag on gay rights. He did favor striking sodomy laws so it isn't all bleak.
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Old 4th August 2010, 04:13 PM   #11
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Originally Posted by KingMerv00 View Post
This is fantastic. I can't remember the last time a news story actually made me shout out in joy.

Let's hope it stands.
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Old 4th August 2010, 04:28 PM   #12
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Originally Posted by KingMerv00 View Post
Great!

Now, this is a ruling in a federal court. There are, IIRC, more than a dozen other states that have passed laws prohibiting same-sex marriages. What are the consequences for those laws?
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Old 4th August 2010, 04:29 PM   #13
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Yea! 6.3 million votes for naught!
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Old 4th August 2010, 04:33 PM   #14
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Poor Prop 8 struck down so young.
RIP forever.
2008-2010
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Old 4th August 2010, 04:35 PM   #15
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Yay, but still long from over.
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Old 4th August 2010, 04:37 PM   #16
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Originally Posted by paximperium View Post
Poor Prop 8 struck down so young.
RIP forever.
2008-2010
Save the gravedigging until after the appeals. If it gets to the supreme court, who knows what will happen.
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Old 4th August 2010, 04:37 PM   #17
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Harvey Milk would be so proud!
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Old 4th August 2010, 04:39 PM   #18
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Surely will end up at SCOTUS.... Attacking Prop 8 on the standpoint of equal rights seems to be the way to go on this. I can't say I'm entirely confident the Supreme Court will find in favor of this decision, but I lean that way.
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Old 4th August 2010, 04:39 PM   #19
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Originally Posted by ddt View Post
Great!

Now, this is a ruling in a federal court. There are, IIRC, more than a dozen other states that have passed laws prohibiting same-sex marriages. What are the consequences for those laws?
No direct consequences for any other state. The actual judgment is only binding on the named defendants, the relevant officials in the state of California.

In terms of legal precedential value, it's still minimal, in that this is just one district court decision; it's not binding on any court. That could change if/when the 9th Circuit issues a decision on appeal (and, subsequently, the Supreme Court).

That's not to say these things don't matter. The Dover case on Intelligent Design was and is just a district court decision; any other judge could reach a different result in a similar case. But it was a well-written, well-reasoned decision after a thorough trial, and I think it's had a deterrent effect on other school districts.
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Old 4th August 2010, 04:49 PM   #20
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Originally Posted by quixotecoyote View Post
Save the gravedigging until after the appeals. If it gets to the supreme court, who knows what will happen.
Poor Prop...holy crap zombie prop!
Blam...I think it's dead...
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Old 4th August 2010, 04:50 PM   #21
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IANAL but I think Dunstan is right that right now it only applies to CA. After the 9th Circuit gives its blessing (which I take to be a foregone conclusion - they may even decide not to hear it) then it applies District-wide. As others have said, it is the Supremes who will make it binding across the states. That case will be absolutely fascinating.
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Old 4th August 2010, 04:52 PM   #22
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Originally Posted by paximperium View Post
Poor Prop 8 struck down so young.
RIP forever.
2008-2010
Don't start popping the champagne corks yet. The ruling will be appealed and it will almost certainly go to the Supreme Court. This was a good day, but it's not over.
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Old 4th August 2010, 04:53 PM   #23
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Originally Posted by applecorped View Post
Yea! 6.3 million votes for naught!
Even better, umpty-ump million mormon and catholic dollars down the drain.
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Old 4th August 2010, 04:55 PM   #24
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Originally Posted by applecorped View Post
Yea! 6.3 million votes for naught!
Those votes are not relevant in a constitutional case. Don't you agree?
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Old 4th August 2010, 05:00 PM   #25
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Originally Posted by Dunstan View Post
No direct consequences for any other state. The actual judgment is only binding on the named defendants, the relevant officials in the state of California.

In terms of legal precedential value, it's still minimal, in that this is just one district court decision; it's not binding on any court. That could change if/when the 9th Circuit issues a decision on appeal (and, subsequently, the Supreme Court).

That's not to say these things don't matter. The Dover case on Intelligent Design was and is just a district court decision; any other judge could reach a different result in a similar case. But it was a well-written, well-reasoned decision after a thorough trial, and I think it's had a deterrent effect on other school districts.
Thanks. I'd be very surprised if it doesn't go all the way to the SCOTUS. This is not the kind of case they'd reject. Is there an automatic right of appeal at the Circuit Court or can they reject too?

ETA: after reading SezMe's post: does a decision by the 9th Circuit only have precedential value within the 9th Circuit or all across the US?
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Old 4th August 2010, 05:10 PM   #26
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Originally Posted by ddt View Post
Thanks. I'd be very surprised if it doesn't go all the way to the SCOTUS. This is not the kind of case they'd reject.
You might be surprised. SCOTUS often keeps its hands off a topic until there's an actual "circuit split," i.e. two federal circuit courts (or state supreme courts) ruling differently on the same question.

But I agree with you that this is probably an "important" enough case that they'll grant cert if the 9th circuit affirms.

Quote:
Is there an automatic right of appeal at the Circuit Court or can they reject too?
Definitely a right of appeal. The 9th Circuit does have to issue a ruling. It doesn't have to issue a detailed opinion. (But the 9th no longer issues "unpublished" rulings.)

Quote:
ETA: after reading SezMe's post: does a decision by the 9th Circuit only have precedential value within the 9th Circuit or all across the US?
It's binding precedent on all federal courts in the 9th Circuit, meaning those courts are obliged to follow it (or distinguish it in some way). It is persuasive precedent everywhere else, meaning you can cite it as supporting authority, but a district court judge in another circuit can say, "sorry, I disagree, the 9th Circuit got it wrong."
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Old 4th August 2010, 05:18 PM   #27
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Originally Posted by applecorped View Post
Yea! 6.3 million votes for naught!
And?
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Old 4th August 2010, 05:24 PM   #28
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nvm, Dunstan covered it far better.

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Old 4th August 2010, 05:24 PM   #29
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So Proposition 8 was...... upended?
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Old 4th August 2010, 05:43 PM   #30
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Originally Posted by bookitty View Post
And?
It makes voting rather pointless when a handful of people can go whine to a sympathetic (e.g., manipulable) judge and negate the will of the majority of voters in a legal election.

This is no longer a Democracy (Government by the People), it has become a Kritarchy (Government by Judges) and a Oligarchy (Government by the Few).

I hope that the Justices of the Supreme court have better sense.
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Old 4th August 2010, 05:53 PM   #31
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Well dang! I can marry my horse now! Or my pig. at this rate the dems will lose all 50 seats come november. dems the party of fags
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Old 4th August 2010, 05:56 PM   #32
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Originally Posted by Fnord View Post
It makes voting rather pointless when a handful of people can go whine to a sympathetic (e.g., manipulable) judge and negate the will of the majority of voters in a legal election.

This is no longer a Democracy (Government by the People), it has become a Kritarchy (Government by Judges) and a Oligarchy (Government by the Few).

I hope that the Justices of the Supreme court have better sense.
No, it makes the system of propositions pointless. There is a reason we have a checks and balance system in the constitution. Tyranny by the majority is dangerous. California is one of a handful of states that allows propositions on the ballot based soley on filing and gathering signatures. These propositions may not be constitutional. This is not the first proposition to be overturned by the courts and it won't be the last.

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Old 4th August 2010, 05:57 PM   #33
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Originally Posted by Dorian Gray View Post
So Proposition 8 was...... upended?
Wouldn't it look the same either way?
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Old 4th August 2010, 05:58 PM   #34
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Originally Posted by Fnord View Post
It makes voting rather pointless when a handful of people can go whine to a sympathetic (e.g., manipulable) judge and negate the will of the majority of voters in a legal election.

This is no longer a Democracy (Government by the People), it has become a Kritarchy (Government by Judges) and a Oligarchy (Government by the Few).

I hope that the Justices of the Supreme court have better sense.
So you would have no problem if the majority of people voted to make slavery legal again?
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Old 4th August 2010, 05:59 PM   #35
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Originally Posted by groupthinker View Post
dems the party of fags
I'm pretty sure Republicans smoke too.
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Old 4th August 2010, 06:04 PM   #36
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Originally Posted by KingMerv00 View Post
Those votes are not relevant in a constitutional case. Don't you agree?
"Don't you agree?" was not rhetorical question btw, applecorped.

Originally Posted by Fnord View Post
It makes voting rather pointless when a handful of people can go whine to a sympathetic (e.g., manipulable) judge and negate the will of the majority of voters in a legal election.

This is no longer a Democracy (Government by the People), it has become a Kritarchy (Government by Judges) and a Oligarchy (Government by the Few).

I hope that the Justices of the Supreme court have better sense.
I think you are unfamiliar with how the US system of laws work. A simple majority in one region of the country is not binding on the Constitution.
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Old 4th August 2010, 06:08 PM   #37
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I checked Pastor Phelps' website - there is no reference to this ruling. Maybe he's OK with it?
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Old 4th August 2010, 06:09 PM   #38
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Originally Posted by Fnord View Post
It makes voting rather pointless when a handful of people can go whine to a sympathetic (e.g., manipulable) judge and negate the will of the majority of voters in a legal election.

This is no longer a Democracy (Government by the People), it has become a Kritarchy (Government by Judges) and a Oligarchy (Government by the Few).

I hope that the Justices of the Supreme court have better sense.
We are a representative Democracy, not mob rule. Perhaps a government based on this would suit you better?
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Old 4th August 2010, 06:10 PM   #39
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Originally Posted by The Central Scrutinizer View Post
I'm pretty sure Republicans smoke too.
...and collect bundles of sticks.
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Old 4th August 2010, 06:11 PM   #40
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Originally Posted by PhreePhly View Post
No, it makes the system of propositions pointless. There is a reason we have a checks and balance system in the constitution. Tyranny by the majority is dangerous. California is one of a handful of states that allows propositions on the ballot based soley on filing and gathering signatures. These propositions may not be constitutional. This is not the first proposition to be overturned by the courts and it won't be the last.
Why pointless? There's plenty of things that are legal to put on the ballot, e.g., how high the taxes are. IIRC, that's also the reason that California has a structural budget deficit.

It struck me at first also strange that the proposition is only challenged after it has been voted on and approved, but then, the proposition is a state thing and the challenge is in federal court.
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