California's Prop 8 declared unconsitutional

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bao-bao
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California's Prop 8 declared unconsitutional

Post by bao-bao »

Now it will have to make it through the circuit court and then undoubtedly to the US Supreme Court (estimates for that are somewhere in the 2012 time frame) - but perhaps we WILL see same-sex equality on the federal level in the USA in our lifetime. It's very encouraging news.
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Judge overturns California gay marriage ban

SAN FRANCISCO – A federal judge overturned California's gay-marriage ban Wednesday in a landmark case that could eventually force the U.S. Supreme Court to confront the question of whether same-sex couples have a constitutional right to wed.

Chief U.S. District Judge Vaughn Walker made his ruling in a lawsuit filed by two gay couples who claimed the voter-approved ban violated their civil rights. Gay couples waving rainbow and American flags outside the courthouse cheered, hugged and kissed as word of the ruling spread.

"This is a victory for the American people. It's a victory for our justice system," said former U.S. Solicitor General Theodore Olson, who delivered the closing argument at trial for opponents of the ban. He said the ruling "vindicates the rights of a minority of our citizens to be treated with decency and respect and equality in our system."

California Gov. Arnold Schwarzenegger also praised the ruling as an important step toward equality and freedom for all people.

Despite the favorable ruling for same-sex couples, gay marriage will not be allowed to resume immediately. Judge Walker said he wants to decide whether his order should be suspended while the proponents of the ban pursue their appeal in the 9th U.S. Circuit Court of Appeals.

Associated Press
Khortose

Re: California's Prop 8 declared unconsitutional

Post by Khortose »

What I find the most interesting is that the Judge is a Republican appointed by no less then Ronald Reagan. He was initially opposed by gay rights groups because he presented the case representing the Olympic committee against the gay Olympians calling themselves the "Gay Olympics". That this conservative judge clearly reads the Constitution as guaranteeing equal rights for all is a very positive sign. His decision will be upheld by the 9th circuit (a liveral court) and it will be up to the Supreme Court to give the final decision.
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Re: California's Prop 8 declared unconsitutional

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Another interesting fact is that Judge Walker is himself gay (knowledge of record and also being reported by news agencies here, not just rumor). While that might be used in arguments against his decision, there were something like 80 statements of fact in his 136-page decision that will be more difficult to refute.

So, Judge Walker: you go, girl!

It may be short lived, but today is a good day for equal rights.
Khortose

Re: California's Prop 8 declared unconsitutional

Post by Khortose »

bao-bao wrote:Another interesting fact is that Judge Walker is himself gay (knowledge of record and also being reported by news agencies here, not just rumor). While that might be used in arguments against his decision, there were something like 80 statements of fact in his 136-page decision that will be more difficult to refute.
So, Judge Walker: you go, girl!
It may be short lived, but today is a good day for equal rights.
Yes and if you like to read those statements of fact here is the complete decision.

http://seattletimes.nwsource.com/ABPub/ ... 536744.pdf
kenc

The view from SF

Post by kenc »

I live in a highrise overlooking City Hall.
On the way home from work on the bus I noticed, as we turned the corner, a s**t-load of TV trucks in front of City Hall and wondered what the heck was going on. I found out after I got home and turned on the computer.
There was a Rally in the Castro and March down Market Street to City Hall schedualed for 6-7PM. Unfortunately, we've been having some of the coldest, foggiest weather in the last 50 years this summer and I'd be jiggered if I was going out into that foggy mist. The March was only about 1,000 people, probably because of the weather.

The decision is probably going to be appealed. Walker has not yet decided if marriages can continue while the appeal process is going on. A decision on that is expected soon.
Khortose wrote:What I find the most interesting is that the Judge is a Republican appointed by no less then Ronald Reagan....
The most "liberal" Supreme Court of all times was lead by Earl Warren, a staunch Republican appointed by Eisenhower. Its sad to see how far the Party has fallen. It's now controlled by religious loonies, rabid racists, and uber-Libertarian cooks spouting
spittle-flecked "Tea Party" invective. :evil:
And I hate to admit it, but there was a time (long ago) when all these nuts were Democrats!

(edit: the 9th Circuit Court is headquartered in San Francisco but not near City Hall. City Hall is a better photo-op for the news cameras though...I guess ;) )
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Re: California's Prop 8 declared unconsitutional

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Khortose wrote: His decision will be upheld by the 9th circuit (a liveral court) and it will be up to the Supreme Court to give the final decision.
Hate to disagree with you but I think it's highly unlikely that the federal court of appeals will uphold this decision. The real gist of the lower court's ruling flies against the clear legal fact that determination of what is or isn't a marriage is strictly left to the states under the 10th Amendment.....there is no federal right to be married or not to be married (whereas, there may or may not be federal rights under equal protection for certain economic benefits).

If the Court of Appeals upholds the decision, you may not even see the Supreme Court take up the case (thus tacitly upholding the reversal of the District Court decision); however, if it gets to the Supremes, I don't think there's a 1 in a 1000 chance that it will be upheld. Kennedy just isn't going to swing that way (*). What's fair in a modern and progressive society ain't necessarily protected by a much less modern and progressive constitution.

[*The votes of Chief Justice Roberts, Scalia, Alito and Thomas are 100% certain to oppose the District Court ruling. Kennedy is considered the swing vote but, more often than not, he's sided with the conservative four whenever anyone has tried to carve out new rights unspecified in the constitution, i.e., he's hardly progressive. But I'd even bet a few baht that one or two of the so-called liberal justices - Breyer, Ginsburg, Sotomayor, and now Kagan - will side with the conservatives on this vote. Just my opinion.]
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