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Switch to Forum Live View Appeals Court Rejects California's Gay Marriage Ban
2 years ago  ::  Feb 07, 2012 - 1:40PM #1
WannabeTheo
Posts: 400

www.cnn.com/2012/02/07/justice/californi...

California's voter-approved ban on same-sex marriage violates the U.S. Constitution, a federal appeals court in San Francisco ruled Tuesday.

The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals is expected to be appealed, to either the full court or to the U.S. Supreme Court. But supporters of same-sex marriages cheered the decision when it was announced outside the courthouse Tuesday morning.

The 2-1 decision found the ban -- known as Proposition 8 -- "served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationship and families as inferior to those of opposite-sex couples." That violates the 14th Amendment's guarantee of equal protection under the law, the decision states.

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Good for the Appeals Court.  I wonder what the Supreme Court will say.

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2 years ago  ::  Feb 07, 2012 - 1:49PM #2
Girlchristian
Posts: 11,047

The Supreme Court will agree and the whole argument will become moot, IMO.

"No matter how dark the moment, love and hope are always possible." George Chakiris

“For those who believe, no proof is necessary. For those who don't believe, no proof is possible.” Stuart Chase
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2 years ago  ::  Feb 07, 2012 - 2:27PM #3
TPaine
Posts: 9,235

The decision of the three judge panel of the 9th Circuit Court of Appeals can be found Here


I support the decision because it defends the civil rights and civil liberties of the LGBT community. Hopefully, SCOTUS will affirm this decision and end the discrimination against same-sex couples once and for all.

"It is always to be taken for granted, that those who oppose an equality of rights never mean the exclusion should take place on themselves." -- Thomas Paine: Dissertations on First Principles of Government (July 7, 1795)
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2 years ago  ::  Feb 07, 2012 - 2:52PM #4
Ebon
Posts: 10,134

I actually think the SCOTUS will go in favour of Prop 8. I no longer trust the SCOTUS to uphold anything beyond their own prejudices.

He who oppresses the poor shows contempt for their Maker, but whoever is kind to the needy honors God. ~ Proverbs 14:31

Fiat justitia, ruat caelum

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2 years ago  ::  Feb 07, 2012 - 3:02PM #5
farragut
Posts: 3,946

I fear that you may be correct, Ebon. I have little confidence in the even-handed rationality of this court. They are much too reactionary for my taste.

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2 years ago  ::  Feb 07, 2012 - 4:35PM #6
jane2
Posts: 14,295

Feb 7, 2012 -- 2:52PM, Ebon wrote:


I actually think the SCOTUS will go in favour of Prop 8. I no longer trust the SCOTUS to uphold anything beyond their own prejudices.




Agree with you and farragut--this is one reactionary SCOTUS.


Hope the extraordinary cold in England and Europe has not affected you.


J.




 

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2 years ago  ::  Feb 07, 2012 - 6:51PM #7
TPaine
Posts: 9,235

Feb 7, 2012 -- 4:35PM, jane2 wrote:


Feb 7, 2012 -- 2:52PM, Ebon wrote:


I actually think the SCOTUS will go in favour of Prop 8. I no longer trust the SCOTUS to uphold anything beyond their own prejudices.



Agree with you and farragut--this is one reactionary SCOTUS.


Hope the extraordinary cold in England and Europe has not affected you.



I have some hope that SCOTUS will affirm the 9th Circuit because Justice Kennedy wrote the majority decision that overturned the sodomy laws in Texas and 13 other states in Lawrence v. Texas which means he may be pro LGBT rights. That would make it 5-4 with Kennedy, Ginsburg, Breyer, Sotomayor, & Kagan to affirm and Scalia, Thomas, Roberts, & Alito to reverse. Link

"It is always to be taken for granted, that those who oppose an equality of rights never mean the exclusion should take place on themselves." -- Thomas Paine: Dissertations on First Principles of Government (July 7, 1795)
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2 years ago  ::  Feb 07, 2012 - 8:15PM #8
Ebon
Posts: 10,134

Feb 7, 2012 -- 4:35PM, jane2 wrote:

Hope the extraordinary cold in England and Europe has not affected you.



It's freezing here. We're huddled around the gas fire in my office.

He who oppresses the poor shows contempt for their Maker, but whoever is kind to the needy honors God. ~ Proverbs 14:31

Fiat justitia, ruat caelum

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2 years ago  ::  Feb 07, 2012 - 8:31PM #9
jane2
Posts: 14,295

Feb 7, 2012 -- 8:15PM, Ebon wrote:


Feb 7, 2012 -- 4:35PM, jane2 wrote:

Hope the extraordinary cold in England and Europe has not affected you.



It's freezing here. We're huddled around the gas fire in my office.




I've been concerned, Ebon. Hope that gas fire warms you.


J.




 

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2 years ago  ::  Feb 07, 2012 - 9:55PM #10
farragut
Posts: 3,946

Sorry about the cold. If we could just have a couple of warm days here in the Ohio valley we'll have clouds of lovely daffodils. They're up and ready to open.

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