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Ban on Gay Marriage Struck Down
Lakshmi.Jaerik
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By Lakshmi.Jaerik 2010-08-04 16:03:03
California Proposition 8 (ban on gay marriage) has been struck down in federal district court as a violation of the US Constitution's Equal Protection clause.
This is the first time a state ban on gay marriage has been challenged in federal court. It is worth noting that the judge is a Republican and was appointed by Reagan.
It will now go to the 9th Circuit Court of Appeals, which is also in San Francisco. If the circuit court rules for gay marriage, it will also become legal in Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Mariana Islands.
Regardless of the 9th Circuit's ruling, it will be appealed to the US Supreme Court (SCOTUS). If the 9th Circuit rules for gay marriage, SCOTUS must hear the case because of the fracture along state lines.
If the 9th circuit upholds the ban on gay marriage, SCOTUS can simply refuse to hear the case, effectively upholding the ban. Or they can agree to hear the case and make their own ruling, which will then apply to every state in the union.
Phoenix.Kojo
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By Phoenix.Kojo 2010-08-04 16:04:29
Why not just legalize it, FFS.. Legalize it everywhere. That and marijuana.
Cerberus.Salira
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By Cerberus.Salira 2010-08-04 16:04:48
WOW. that is great news. :D
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By Valefor.Houppelande 2010-08-04 16:06:17
Gay People Have Every Right To Be Just As Miserable As The Rest Of Us ^_^
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By Shiva.Flionheart 2010-08-04 16:06:55
Gay marriage should be legalised.
Marijuana shouldn't be.
My opinion of course.
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By Fairy.Heillon 2010-08-04 16:08:05
Are the advertizers lurking??? I found this when I clicked this thread. :o
Phoenix.Kojo
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By Phoenix.Kojo 2010-08-04 16:08:16
Shiva.Flionheart said: Gay marriage should be legalised. Marijuana shouldn't be. My opinion of course.
And your opinion half-sucks, but I'm not gonna derail one of Jae's news threads.
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By Shiva.Flionheart 2010-08-04 16:09:15
Phoenix.Kojo said: Shiva.Flionheart said: Gay marriage should be legalised. Marijuana shouldn't be. My opinion of course.
And your opinion half-sucks, but I'm not gonna derail one of Jae's news threads.
In your opinion.
Asura.Rule
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By Asura.Rule 2010-08-04 16:11:36
i don't care if people are gay or smoke pot, just keep it away from me and don't do it while driving
Phoenix.Kojo
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By Phoenix.Kojo 2010-08-04 16:12:32
Asura.Rule said: i don't care if people are gay or smoke pot, just keep it away from me and don't do it while driving
See, if you're gay, you're gay full time, so now your saying gays shouldn't drive.. Tisk-tisk..
Asura.Rule
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By Asura.Rule 2010-08-04 16:13:47
Phoenix.Kojo said: Asura.Rule said: i don't care if people are gay or smoke pot, just keep it away from me and don't do it while driving
See, if you're gay, you're gay full time, so now your saying gays shouldn't drive.. Tisk-tisk..
i'm saying you shouldn't have sex or smoke while driving
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By Unicorn.Jewkitten 2010-08-04 16:13:50
Any good marriage I ever witnessed was not good because of law/society.
Any bad marriage I have seen was not bad because of law/society.
Marriage is between two people.
Yet here continues the endless crusade so Society/Law will acknowledge the bond between same sex couples.
Fine.
But I have no clue how any contentment could be found in this. I have met one, maybe two people who could truly understand me and even those fade away. Society as a whole could single me out and Acknowledge me, but I could never accept it for they do not know the true me.
Most people do not even know themselves.
I figure there are things we could do before worrying about external society and law. Things like becoming aware of our selves, growing more compassionate, not being a slave to desires, being at peace with the self.
Society could proclaim any one of us Just and Exalted.
Society could proclaim any one of us Exiled and Hated.
In the end when we close our eyes and pass from this life we do not take Society with us. We take only what we Are. Not what people think we are.
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By Seraph.Corrderio 2010-08-04 16:14:00
I still can't figure out why people think gays shouldn't marry.
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By Bismarck.Dracondria 2010-08-04 16:16:37
Seraph.Corrderio said: I still can't figure out why people think gays shouldn't marry.
Religion, obviously.
Phoenix.Kojo
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By Phoenix.Kojo 2010-08-04 16:17:50
Asura.Rule said: Phoenix.Kojo said: Asura.Rule said: i don't care if people are gay or smoke pot, just keep it away from me and don't do it while driving See, if you're gay, you're gay full time, so now your saying gays shouldn't drive.. Tisk-tisk.. i'm saying you shouldn't have sex or smoke while driving
I'd do either, while driving.. But I'm not gay.
Seraph.Corrderio said: I still can't figure out why people think gays shouldn't marry.
Stupidity. People think "OMG, Gay guy? I just KNOW there will be 2 guys having sex in our parks, public bathrooms, etc." Which is funny, most gay guys I've met are more in control, sexually, than...well.. ANY straight guy I've met.
Cerberus.Excelior
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By Cerberus.Excelior 2010-08-04 16:18:02
Yay for activist judges and government interference. I'm glad the US government is now the authority on what religious instiutions can consider marriage. While gays may certainly be entitled to the same contracts married couples recieve, I don't see how the government has any right in defining an act that is religious in nature.
A question though, won't DOMA still prevent gay marriage?
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Phoenix.Mogue
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By Phoenix.Mogue 2010-08-04 16:18:44
Fantastic news. I hope the ruling survives the Roberts Court.
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Phoenix.Oumura
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By Phoenix.Oumura 2010-08-04 16:20:00
This makes me incredibly happy, especially considering I'm planning to move out that way soon-ish. I hope it goes through entirely.
Asura.Shayka
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By Asura.Shayka 2010-08-04 16:23:08
Woo ^^, they need to just accept it and move on, all states, just let it happen already.
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By Seraph.Corrderio 2010-08-04 16:23:36
Lakshmi.Mabrook said: At the end of the day who cares if society says no, I mean if you wanna be with someone what difference does it make if your married or not?
One of the biggest reasons I can see is for tax purposes. And also the fact that they shouldn't be discriminated against for being gay.
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Lakshmi.Jaerik
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By Lakshmi.Jaerik 2010-08-04 16:24:19
DOMA was struck down in federal court a few weeks ago on similar grounds. It was ruled that DOMA violated the rights of gay couples in Massachussets and elsewhere by imposing an undue logistical split between state and federal laws and benefits.
Note this does not force any religious institution to accept gay marriage or perform them. It applies only to legal, government recognition.
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By Asura.Daleterrence 2010-08-04 16:24:33
Ultimate win, everyone deserves the right to marry and be happy with the person they love, no matter their sexuality. ^^
Edit: Ignore my avatar for that, no point rating down frank truth.
Phoenix.Kojo
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By Phoenix.Kojo 2010-08-04 16:25:33
Lakshmi.Mabrook said: At the end of the day who cares if society says no, I mean if you wanna be with someone what difference does it make if your married or not? Except for religious purposes I suppose, but this isn't the case here; so being married or not to the same sex is the same thing!
It's about equality. They could call it a 'Legal domestic partnership' but it's still not marriage. They want a wedding, honeymoon, etc. just like a man and a woman, upon marriage. Well, that's my guess.
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Cerberus.Excelior
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By Cerberus.Excelior 2010-08-04 16:26:27
Seraph.Corrderio said: Lakshmi.Mabrook said: At the end of the day who cares if society says no, I mean if you wanna be with someone what difference does it make if your married or not? One of the biggest reasons I can see is for tax purposes. And also the fact that they shouldn't be discriminated against for being gay.
The big issue with gay marriage is that marriage is only religious. If you're religious and you want to get gay married under christianity you're still going to hell according to your own religion. It would seem illogical to do it for any reason beyond tax purposes. This means if you're doing it for tax purposes its not really a marriage and more of a civil union. I have no issue with people getting equal treatment but dear god, I hate stupid people. I have gay friends IRL who go to church and its like, do you even know what your religion stands for?
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By Asura.Daleterrence 2010-08-04 16:27:31
Phoenix.Kojo said: Lakshmi.Mabrook said: At the end of the day who cares if society says no, I mean if you wanna be with someone what difference does it make if your married or not? Except for religious purposes I suppose, but this isn't the case here; so being married or not to the same sex is the same thing!
It's about equality. They could call it a 'Legal domestic partnership' but it's still not marriage. They want a wedding, honeymoon, etc. just like a man and a woman, upon marriage. Well, that's my guess.
It's called a "civil partnership" over here... /facepalm
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Fenrir.Schutz
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By Fenrir.Schutz 2010-08-04 16:27:48
Part of the issue was the notion by Prop 8 proponents that if it was left to a popular vote (i.e. Proposition 8 set as a referendum measure to change the CA state consitution) it would therefore be reflective of "the will of the people" and a "just result."
While the logic behind that seems valid at first, for certain if left to a popular vote at the state or local level, the Civil Rights Era advancements would never have occurred. It was the fact that the minority rights were being suppressed by a majority view that resulted in such inequal (or "separate but equal") statutes exemplified by the South's pervasive "Jim Crow" laws.
While proponents of Prop 8 will likely call this judicial decision "a case of a handful of liberal judges deciding what is best for everyone", it was judicial review that allowed Civil Rights to be enforced on a federal level (superseding states rights) and what protected the legal position of the Civil Rights movement during the 1960's.
California Proposition 8 (ban on gay marriage) has been struck down in federal district court as a violation of the US Constitution's Equal Protection clause.
This is the first time a state ban on gay marriage has been challenged in federal court. It is worth noting that the judge is a Republican and was appointed by Reagan.
It will now go to the 9th Circuit Court of Appeals, which is also in San Francisco. If the circuit court rules for gay marriage, it will also become legal in Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Mariana Islands.
Regardless of the 9th Circuit's ruling, it will be appealed to the US Supreme Court (SCOTUS). If the 9th Circuit rules for gay marriage, SCOTUS must hear the case because of the fracture along state lines.
If the 9th circuit upholds the ban on gay marriage, SCOTUS can simply refuse to hear the case, effectively upholding the ban. Or they can agree to hear the case and make their own ruling, which will then apply to every state in the union.
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