California High Court to Rule on Gay Marriage

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
Who didnt see this coming? the people of the state voted and made their decision. now the group that doesnt like the vote turns to the court and a few judges to overturn the will of the people.

UPDATE: http://www.nytimes.com/aponlin...P-CA-Gay-Marriage.html

http://www.foxnews.com/politic...riage/?test=latestnews

SAN FRANCISCO -- The California Supreme Court will rule Tuesday on the validity of a voter-approved ban on same-sex marriage, a decision that will end months of speculation over whether gay couples can resume marrying in the state.

The high court announced the pending opinion on its Web site Friday morning.

Justices are considering a series of lawsuits seeking to overturn a constitutional amendment approved by voters in November that overruled a 4-3 court decision that briefly legalized same-sex unions. The suits claim Proposition 8 was put on the ballot improperly.

The court also will decide whether to uphold the marriages of an estimated 18,000 gay couples who wed before Proposition 8 passed. The election came after a contentious $83 million campaign that made it the most expensive ballot measure on a social issue in the nation's history.

Gay rights advocates have scheduled marches throughout California and in several other states for Tuesday evening. Organizers say the gatherings will be celebratory if the court rules in their favor and angry if Proposition 8 is upheld.

Waiting for the decision "has been an absolutely gut-wrenching experience," said Molly McKay, spokeswoman for Marriage Equality USA.

"As Californians, we are all under tremendous strain worrying about the economy, our jobs and our families," McKay said. "On top of that, gay families have been living for months with the fear that the court will allow a bare majority of voters to strip gay and lesbian families of their constitutional protections and eliminate our marriages -- or just as bad, eliminate new couples' ability to get married."

Same-sex couples, local governments and civil rights organizations have asked the court to throw out Proposition 8 on procedural grounds. They argued that the initiative revised the state constitution's equal protection clause to such a dramatic degree that its sponsors needed the Legislature's approval to submit it to voters.
 

theeedude

Lifer
Feb 5, 2006
35,787
6,197
126
The state should stop recognizing marriage (gay or straight), and only recognize civil unions. Then it will be in compliance with both Prop 8, and equal protection clause.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
42,589
5
0
1) The ruling would be related to: are the procedures followed incorrect. Can the CA constitution be changed in such a way?

2) Implicit is the fact that there was a lot of outside religious influence that fed the hysteria.
 

CitizenKain

Diamond Member
Jul 6, 2000
4,480
14
76
Originally posted by: Citrix
wow didnt see this coming? the people of the state voted and made their decision. now the group that doesnt like the vote turns to the court and a few judges to overturn the will of the people.

What other civil rights issues do you have problems with? I'm guessing you don't like interracial marriage, you probably think Lawrence vs Texas was bad decision as well.
 

MotF Bane

No Lifer
Dec 22, 2006
60,801
10
0
The people spoke, but in this case, the courts need to overturn their choice in favor of protecting the equal rights of its citizens.
 

BoomerD

No Lifer
Feb 26, 2006
66,104
14,506
146
Originally posted by: MotF Bane
The people spoke, but in this case, the courts need to overturn their choice in favor of protecting the equal rights of its citizens.

Dammed activist judges anyway...:p

The courts did the same thing 15 years ago when they overturned Prop 187.

The people voted to restrict public services to illegal immigrants...and the dammed activist judges ruled that the restrictions were unconstitutional...and the floodgate opened...and illegals have poured into the state ever since. (not that there weren't a fucking bazillion before...but the numbers have increased dramatically since then.)
 

MotF Bane

No Lifer
Dec 22, 2006
60,801
10
0
Originally posted by: BoomerD
Originally posted by: MotF Bane
The people spoke, but in this case, the courts need to overturn their choice in favor of protecting the equal rights of its citizens.

Dammed activist judges anyway...:p

The courts did the same thing 15 years ago when they overturned Prop 187.

The people voted to restrict public services to illegal immigrants...and the dammed activist judges ruled that the restrictions were unconstitutional...and the floodgate opened...and illegals have poured into the state ever since. (not that there weren't a fucking bazillion before...but the numbers have increased dramatically since then.)

Illegal immigrants != citizens. The judges were in error there, although I'll go look at what they offered as justification.
 

Kadarin

Lifer
Nov 23, 2001
44,296
16
81
I'm really not liking the fact that we are currently able to alter the state constitution with a simple majority vote.
 

Vette73

Lifer
Jul 5, 2000
21,503
9
0
Originally posted by: MotF Bane
Originally posted by: BoomerD
Originally posted by: MotF Bane
The people spoke, but in this case, the courts need to overturn their choice in favor of protecting the equal rights of its citizens.

Dammed activist judges anyway...:p

The courts did the same thing 15 years ago when they overturned Prop 187.

The people voted to restrict public services to illegal immigrants...and the dammed activist judges ruled that the restrictions were unconstitutional...and the floodgate opened...and illegals have poured into the state ever since. (not that there weren't a fucking bazillion before...but the numbers have increased dramatically since then.)

Illegal immigrants != citizens. The judges were in error there, although I'll go look at what they offered as justification.

The courts did not kill 187, Davis (CA Gov) at the time did.
 

Vette73

Lifer
Jul 5, 2000
21,503
9
0
Originally posted by: Kadarin
I'm really not liking the fact that we are currently able to alter the state constitution with a simple majority vote.

That is one of the questions. Not about gay marriage but was it even legal to do this type vote.

I have not looked into it enough to say one way or the other, but does make me question if it really that easy to do.

So if they followed the rules to change the state constitution then it will stand, if not then it will not hold.
 

Gooberlx2

Lifer
May 4, 2001
15,381
6
91
Originally posted by: Citrix
Who didnt see this coming? the people of the state voted and made their decision. now the group that doesnt like the vote turns to the court and a few judges to overturn the will of the people.

Sometimes the will of the people is wrong.

IMO, the term "marriage" should be abandoned by the gov't, and replaced by civil union for all couples.
 

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
Originally posted by: Gooberlx2
Originally posted by: Citrix
Who didnt see this coming? the people of the state voted and made their decision. now the group that doesnt like the vote turns to the court and a few judges to overturn the will of the people.

Sometimes the will of the people is wrong.

IMO, the term "marriage" should be abandoned by the gov't, and replaced by civil union for all couples.

i like this idea
 

her209

No Lifer
Oct 11, 2000
56,336
11
0
Originally posted by: Gooberlx2
Originally posted by: Citrix
Who didnt see this coming? the people of the state voted and made their decision. now the group that doesnt like the vote turns to the court and a few judges to overturn the will of the people.
Sometimes the will of the people is wrong.

IMO, the term "marriage" should be abandoned by the gov't, and replaced by civil union for all couples.
Civil unions in one state may not be recognized in another state.
 

techs

Lifer
Sep 26, 2000
28,559
4
0
I don't think it really matters, since it will be on the ballot again in 2 years and it's going to pass.
The simple fact of changing demographics.
 

daniel1113

Diamond Member
Jun 6, 2003
6,448
0
0
Originally posted by: Gooberlx2
Originally posted by: Citrix
Who didnt see this coming? the people of the state voted and made their decision. now the group that doesnt like the vote turns to the court and a few judges to overturn the will of the people.

Sometimes the will of the people is wrong.

IMO, the term "marriage" should be abandoned by the gov't, and replaced by civil union for all couples.

I'll take both statements a step further.

The tyranny of the majority is one of the, if not the, greatest threat to individual liberty in any State. This is exactly why the federal government was designed as a constitutional republic rather then a direct democracy. Unfortunately, this is not usually true of most state and local governments.

Second, why have civil unions at all? Marriage, civil unions, etc. should simply be viewed as contracts between individuals. To accomplish this, the benefits given to married couples will need to be eliminated, and I doubt that will ever happen. No one likes giving up something that gives them an advantage over others.
 
Aug 14, 2001
11,061
0
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Everyone already knew that the CA Supreme Court would rule this way. No further gay marriages, but existing ones are fine.
 

Red Irish

Guest
Mar 6, 2009
1,605
0
0
Originally posted by: senseamp
The state should stop recognizing marriage (gay or straight), and only recognize civil unions. Then it will be in compliance with both Prop 8, and equal protection clause.

Either that or those taking the moral highground with regards to other people's sexuality can gradually expand their concept of what constitutes "marriage" or stick their opinions where the sun don't shine (which they might actually enjoy).

Bigotry with regards to sexuality often denotes projected insecurity in relation to one's own sexuality.



 

BoomerD

No Lifer
Feb 26, 2006
66,104
14,506
146
Originally posted by: Marlin1975
Originally posted by: MotF Bane
Originally posted by: BoomerD
Originally posted by: MotF Bane
The people spoke, but in this case, the courts need to overturn their choice in favor of protecting the equal rights of its citizens.

Dammed activist judges anyway...:p

The courts did the same thing 15 years ago when they overturned Prop 187.

The people voted to restrict public services to illegal immigrants...and the dammed activist judges ruled that the restrictions were unconstitutional...and the floodgate opened...and illegals have poured into the state ever since. (not that there weren't a fucking bazillion before...but the numbers have increased dramatically since then.)

Illegal immigrants != citizens. The judges were in error there, although I'll go look at what they offered as justification.

The courts did not kill 187, Davis (CA Gov) at the time did.


http://www.cnn.com/ALLPOLITICS/1998/03/19/prop.187/

Davis, when elected governor after this, opted NOT to continue the appeal.
 

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
:thumbsup: to the CA court for upholding the right of the people to make decisions on how they are governed.
 
May 16, 2000
13,522
0
0
:thumbsdown: to the CA court for not upholding the equal rights of all citizens against the tyranny of the majority.
 

Harvey

Administrator<br>Elite Member
Oct 9, 1999
35,057
67
91
Originally posted by: PrinceofWands

:thumbsdown: to the CA court for not upholding the equal rights of all citizens against the tyranny of the majority.

+1 :thumbsdown: