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California Supreme Court To Hear Prop 8 Challenges




Topic started on 19-11-2008 @ 04:26 PM by skeptic1



California's highest court has agreed to hear legal challenges to a new ban on gay marriage, but is refusing to allow gay couples to resume marrying until it rules.

The California Supreme Court on Wednesday accepted three lawsuits seeking to overturn Proposition 8. The amendment passed this month with 52 percent of the vote. The court did not elaborate on its decision.

All three cases claim the ban abridges the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a significant constitutional change.




Source

And, the court cases begin again.

My opinion is that everyone deserves equal rights under the law, and I can only hope that whatever the courts decide won't cause even more dissention in the US.

Mods...if this is in the wrong forum, please move to the appropriate one.



[edit on 11/19/2008 by skeptic1]



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reply posted on 19-11-2008 @ 05:01 PM by rapinbatsisaltherage


Either way people are going to be pissed.

If the court rules in favor of gay marriage the people who voted for Prop 8 are going to think that their say about others rights that don’t lawfully affect them is still constitutional and that the liberal judges are infringing on their rights.

If the court rules in favor of Prop 8 gay activists aren’t going to let this one slide and try again, they aren’t going to be happy with whatever rights they currently have and temporarily move on. They are going to cause a huge fuss, and feel like the court is enforcing prejudice.

Either way this is not going to be pretty, in my opinion. We shall see the out come and how it affects California and the nation.

Neither side will ever be happy until they get what they generally want.

Gays want to be able to marriage, and even non-gays support gay marriage for various reasons.

Those who oppose gay marriage do not want gays to marry.

They will always clash until one side is the victor and our society has changed so drastically either way that this will almost cease to be an issue.

I see the trend leaning towards gay marriage, here as it has in other countries. When will those who want gay marriage get what they want? Who knows, I’m just happy to see things increasingly leaning that way.



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reply posted on 19-11-2008 @ 05:08 PM by SugarJ


I dont understand the fear that ppl have over gay marriage. What does it matter to Joe on the corner if Kathy & Betty want to get married and have pension benefits and the right to make medical decisions for each other? Boggles my mind what their gripe is.

I have a brother in law who was recently married to his partner in California. Maybe because i can put a personality and a face to the whole gay marriage dilemna that the whole situation upsets me so.. Live and let live. I don't see how it is anybody else's business.



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reply posted on 19-11-2008 @ 05:16 PM by darkelf


This is why democracy does not work. If two wolves and a rabbit vote on lunch, the rabbit is going to lose. Should the wolves win simply because they are the majority? Is this fair to the rabbit? If it is going to be overturned why vote in the first place?



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reply posted on 19-11-2008 @ 05:21 PM by skeptic1


Morality cannot be legislated; it never works because your morality and mine may never be the same.

I have gay family and friends, and in my mind, they should be able to marry and receive all the legal protections and rights that "marriage" entails. Marriage is no longer a "sacred union" in this secular country and hasn't been in a long time. People "sign" a contract with the state when they get married, and the state shouldn't be able to deny that contract to any two consenting adults based on sexual orientation.

Homosexuals don't want to steal the "marriage" moniker and destroy it. They want to be able to say that they are equal in the eyes of the law to straight couples. Churches are private institutions and don't have to "marry" anyone if they don't want to. But, the states aren't private institutions. They should not be able to discriminate.



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reply posted on 19-11-2008 @ 05:35 PM by TheRedneck


reply to post by rapinbatsisaltherage
Either way people are going to be pissed.

If the court rules in favor of gay marriage the people who voted for Prop 8 are going to think that their say about others rights that don’t lawfully affect them is still constitutional and that the liberal judges are infringing on their rights.

If the court rules in favor of Prop 8 gay activists aren’t going to let this one slide and try again, they aren’t going to be happy with whatever rights they currently have and temporarily move on. They are going to cause a huge fuss, and feel like the court is enforcing prejudice.

Either way this is not going to be pretty, in my opinion. We shall see the out come and how it affects California and the nation.


Emphasis mine. This time I agree with you wholeheartedly. Star for you (and now I excuse myself before I get drawn back into this moot argument over rights).

TheRedneck



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reply posted on 19-11-2008 @ 05:53 PM by TKainZero


Prop. 8 gay marriage ban goes to Supreme Court

We knew this was coming...

The Constitutional Republic we lived in has passed...


Although we are just weeks from when the People of California voted to define marriage, now the California Supreme Court is back at it again...

Working their hardest to undermind the legitimate Vote of the people of California.


So now the mental Prositutes in Cloaks, are going to vote on this issue again...

What is going to happen when 4 people in robes overturn the vote of millions...


If you thought the rioting of the Illigitimate Minority was bad...
Just wait until the Consitutionaly-backed, will of the people is overturned by 4 people...


If 4 people so choose to do this overt act of American Fascism...

You just wait...

You thought a 500 Person mobs of Gay Riegchts activistes was big...

If these 4 traitors overturn the Will of the People, you will see 100,000 people in the streets of Sacremento...

If you thought a handful of people were mad because we live in a legitimate republic, wait until a million people are mad at the illigitimate Fascist Actions of the court...






So now it is happening...


SO WHO is going to win...
The Goverment that is:
For the people
By the people
and of the people

Or the Goverment that is
For the few
by the few
and OF the few



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reply posted on 19-11-2008 @ 05:57 PM by rapinbatsisaltherage


Here is the basis for filing the suit:
The lawsuits allege that, on its face, Proposition 8 is an improper revision rather than an amendment of the California Constitution because, in its very title, which was “Eliminates the right to marry for same-sex couples,” the initiative eliminated an existing right only for a targeted minority. If permitted to stand, Proposition 8 would be the first time an initiative has successfully been used to change the California Constitution to take way an existing right only for a particular
group. www.courtinfo.ca.gov...



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reply posted on 19-11-2008 @ 06:01 PM by GamerGal


Why should Gays NOT be allowed to marry? Straight people can't do it right maybe they can. 51% divorce rate. Marriages lasting mere hours. Why not let the Gays try it and see if they can do better then a few hours and 49%. Tkain, the "people" supported segregation. The "people" supported banning gays in the military. Just because the "people" want it doesn't mean it is legal, or right.

[edit on 19-11-2008 by GamerGal]



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reply posted on 19-11-2008 @ 06:15 PM by yellowcard


Originally posted by darkelf
This is why democracy does not work. If two wolves and a rabbit vote on lunch, the rabbit is going to lose. Should the wolves win simply because they are the majority? Is this fair to the rabbit? If it is going to be overturned why vote in the first place?


Democracy does work, that's such an ignorant statement. In this case the democracy may have undermined what they already voted on! The Constitution, which each state has amended. If the vote comes to be unconstitutional, then it is in violation of the law of the land, and thus is void; we are a Republic, not a Confederacy. If a state voted to outlaw blacks getting married, it would be no different, it would be unconstitutional and void. The only way around it would be to split from the union. The stance on the "democracy" front is just a far right ploy to ignore the court system and it's Constitutional duty.

[edit on 19-11-2008 by yellowcard]



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reply posted on 19-11-2008 @ 06:22 PM by AmericanDaughter


Why in the world did this even come to vote if it doesn't matter? Guess it depends on who wins and who whines the most.
I'm also sick of this situation being compared to black history as there is no comparison.


[edit on 19-11-2008 by AmericanDaughter]



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reply posted on 19-11-2008 @ 06:35 PM by rapinbatsisaltherage


reply to post by AmericanDaughter



I'm also sick of this situation being compared to black history as there is no comparison.

Depends on how you look at it:

The majority being in the wrong due to ignorance, a majority that slowly but surely begins to accept or believe in the minorities justice.

Rights denied to one group that do not lawfully affect another.

Civil Unions currently do not have the same rights, if they did have all of the same state and nation wide “rights” gays are given calling them something other than marriage would still be separate but equal. Since religion is no longer a factor in marriage (you don’t need to be religious to marry, you just need to be of legal age and not married to anyone else) there is no reason for gays to not be legally recognized as married. That is separate but equal, that is the same mentality that decided being African and only being allowed to marry Africans and not whites was equality. Separate but equal is not equality. In a nation where the APA acknowledges that homosexuality from a mental health stand point is not a chosen orientation, can not be changed, and to be a healthy full functioning adult one must accept this orientation it is atrocious that a majority of ignorant people can vote to take away a “right” from this minority when the only good defense they have against gay marriage is religion (not allowed in the law process), and that “right” does not lawfully affect them.

Oppression. Both gays and African Americans are minority groups that have been oppressed in America. Even our own country acknowledges this. Race is a protected class, and sexual orientation is a protected class in some states.


[edit on 19-11-2008 by rapinbatsisaltherage]



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reply posted on 19-11-2008 @ 06:46 PM by LostNemesis


1.) I think too many people are just insecure about their own sexuality, and that is why they would feel intimidated by the existence of gays.

2.) And then there's the religious freaks....Who might even fit into the first category.



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reply posted on 19-11-2008 @ 06:48 PM by GamerGal


reply to post by AmericanDaughter



Yes, because the gays aren't being persecuted. They are just being told they aren't equal. Wait, just like the blacks who had to fight for equal rights. You never hear of gays being killed for being... wait, you do just like the black community had to deal with. How are they not the same again? Because the Bible... wait, the Bible was used to tell slaves God wanted them to be slaves...



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reply posted on 19-11-2008 @ 08:10 PM by Bhadhidar


Originally posted by TKainZero
Prop. 8 gay marriage ban goes to Supreme Court

We knew this was coming...

Just wait until the Consitutionaly-backed, will of the people is overturned people...


So now it is happening...







You just can't seem to understand, can you TKain?


The ruling said the right to marry is among a set of basic human rights "so integral to an individual's liberty and personal autonomy that they may not be eliminated or abrogated by the legislature or by the electorate through the statutory initiative process."



(Emphasis mine)



Let's try this;



Suppose "Will of the People" (as you put it), through the electorial initiative process, decided that, henceforth


Muslims would no longer be allowed to have "children", as defined under the various statutes and laws applicable.

Children born to Muslim parents would become wards of the State. Their biological progenitors would have no say in their upbringing, and would enjoy only some of the legal or monetary benefits available to the parents of children from other origins.



Various rationalizations would, of course, have been proffered to support the placement and passage of this new law/constitutional amendment.


Muslims, and their various "liberal" supporters, would be up in arms over the law's passage, and would take to the streets in droves to protest.




Would you support the "Constitutionaly-backed "Will of the People" to deny Potential Muslim parents a right "so integral to an individual's liberty and personal autonomy that they may not be eliminated or abrogated by the legislature or by the electorate through the statutory initiative process"?


Or would you, in this case, support the "Fascists" on the State Supreme Court in over-turning the proposition, against the "Will of the People"?



And if you Still can't (or won't) grasp the paralells presented by these issues, then perhaps you neither understand, nor deserve, the "individual liberty and personal autonomy" those "Fascist" Justices were trying to protect.

[edit on 19-11-2008 by Bhadhidar]



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