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California Prop 8 Ruling Today!!!!

USER1234

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Jan 31, 2009
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The California Supreme Court website, will post there desision on Prop 8 (which defines marrage as only between a man & a woman and would invalidate any same sex marrage issued before that when it was legal) the decision will be issued at 6 p.m. irish time today!!!

1) Upholding the anti-gay Proposition 8 in full, including invalidating the 18,000+ same-sex marriages that were solemnized before the proposition's passage last November 4th;

2) Upholding Proposition 8's ban on all future same sex marriages, but allowing the 18,000 already conducted to stand; or,

3) Invalidating in its entirety Proposition 8's discriminatory ban on same sex marriage.

Lesbian and gay activists would consider the upholding of Proposition 8 in whole or part (#1 and #2 above) to be a serious defeat to be met with angry protests. On the other hand, a complete invalidation of Proposition 8 would lend an immense boost to the already powerful momentum for equality provided by the recent wins for same sex marriage in Iowa and Vermont.

I personally hope they kill the whole thing!!!!
 


PODSNR

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The California Supreme Court website, will post there desision on Prop 8 (which defines marrage as only between a man & a woman and would invalidate any same sex marrage issued before that when it was legal) the decision will be issued at 6 p.m. irish time today!!!

1) Upholding the anti-gay Proposition 8 in full, including invalidating the 18,000+ same-sex marriages that were solemnized before the proposition's passage last November 4th;

2) Upholding Proposition 8's ban on all future same sex marriages, but allowing the 18,000 already conducted to stand; or,

3) Invalidating in its entirety Proposition 8's discriminatory ban on same sex marriage.

Lesbian and gay activists would consider the upholding of Proposition 8 in whole or part (#1 and #2 above) to be a serious defeat to be met with angry protests. On the other hand, a complete invalidation of Proposition 8 would lend an immense boost to the already powerful momentum for equality provided by the recent wins for same sex marriage in Iowa and Vermont.

I personally hope they kill the whole thing!!!!
Proposition 8 sounds very like a Catholi Church doctrine!
 

USER1234

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2) Upholding Proposition 8's ban on all future same sex marriages, but allowing the 18,000 already conducted to stand
This is what most commentators say will happen

But there will be a ballot in 2010 or 2012 to repeal prop 8 if California's highest court upholds the ban, and there are real hopes that that would pass!!!!
 

Keith-M

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The people have spoken, their wishes should be respected. "Gay marriage" was foisted upon them and the whole sorry chapter needs to be closed once and for all.
 

USER1234

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Yes they spoke, but there are many reason why prop 8 needed to be brought before the courts:


1) Gay marrage wasnt foisted on them, the california supreme court rules that a previous law which banned gay marrage was unconstitutional under California's constitution

2) They voted to deny a group equal rights, (lets hope no other group pissed off the religious right or they may loose their rights too!!!)

3) The way the amendment (prop 8) was done is questionable, as there is some issue of it being an amendment (which could be passed the way it was) or a revision, which require more state action before it goes to the voters

4) It Could Be unconstitutional because it amendment process overrides "Inalienable Rights" (The Attorney General of California response to these lawsuits includes a new argument that the Court should overturn Proposition 8 because of this)

5) Prop 8 may violates the seperation of powers in the California's constitution, which says the protection of minority groups is up to the courts and cannot be overturned by the by the legislative branch of government including this amendment!!!



Ps: Civil right laws in america have always come from the courts and been forced into law!!!
 
Last edited:

Lulu84

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May 6, 2007
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I really want the whole thing to be crushed, but i'm not particularly hopeful.

Regardless of the judgment, the vote margin has closed in considerably when you compare it to the last ballot so I think the next vote in '10 or '12 will probably pass. But still after Iowa, a decision upholding Prop8 will be a horrible blow.
 

Simbo67

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New York State legislature is going to vote on it this week. I was talking to someone who works for the dems in Albany, they seem very hopeful that it will go through.
 

mr_anderson

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The people have spoken, their wishes should be respected. "Gay marriage" was foisted upon them and the whole sorry chapter needs to be closed once and for all.

I disagree.
Gay marriage doesn't necessarily appeal to me, but when its democraticially passed, I will accept that the people have spoken.
 

JCSkinner

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I disagree.
Gay marriage doesn't necessarily appeal to me, but when its democraticially passed, I will accept that the people have spoken.
But not when it is democratically rejected?
Hmm.
Are you by any chance Dick Roche?
 

Odyessus

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The California Supreme Court website, will post there desision on Prop 8 (which defines marrage as only between a man & a woman and would invalidate any same sex marrage issued before that when it was legal) the decision will be issued at 6 p.m. irish time today!!!

1) Upholding the anti-gay Proposition 8 in full, including invalidating the 18,000+ same-sex marriages that were solemnized before the proposition's passage last November 4th;

2) Upholding Proposition 8's ban on all future same sex marriages, but allowing the 18,000 already conducted to stand; or,

3) Invalidating in its entirety Proposition 8's discriminatory ban on same sex marriage.

Lesbian and gay activists would consider the upholding of Proposition 8 in whole or part (#1 and #2 above) to be a serious defeat to be met with angry protests. On the other hand, a complete invalidation of Proposition 8 would lend an immense boost to the already powerful momentum for equality provided by the recent wins for same sex marriage in Iowa and Vermont.

I personally hope they kill the whole thing!!!!

2) Upholding Proposition 8's ban on all future same sex marriages, but allowing the 18,000 already conducted to stand...
...is the correct answer.
 

East Coast Elitist

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But not when it is democratically rejected?
Hmm.
Are you by any chance Dick Roche?
Democratically rejected--for now :)

It seems likely that by 2010 public opinion will have shifted a few points left, allowing a referendum to reverse the ruling. The referendum will have more lasting power in the public’s perception of the issue, since it couldn’t be blamed on “activist” judges.
 

JCSkinner

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Democratically rejected--for now :)

It seems likely that by 2010 public opinion will have shifted a few points left, allowing a referendum to reverse the ruling. The referendum will have more lasting power in the public’s perception of the issue, since it couldn’t be blamed on “activist” judges.
Aye, that's the Dick Roche approach to democratic referenda alright.
Hi Dick! How's the canvassing going?
 

East Coast Elitist

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Hey, same-sex marriage is moving forward in most U.S. states, outside of the South--it's not if, but when.

Yours,

Dick
 

liamfoley

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FutureTaoiseach

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To be fair, the democratic-verdict of the Californian people had to be upheld. However, I think the narrowness of the referendum result (53-47) and the fact that it passed because of the African-American vote (surprisingly) - may be a harbinger of gay-marriage eventually being legalised in the state after Obama leaves office, when the African-American turnout won't be as high.
 


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