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Judge overturns California's ban on same-sex marriage

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posted on Aug, 4 2010 @ 04:16 PM
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Judge overturns California's ban on same-sex marriage


www.cnn.com

(CNN) -- A federal judge in California has knocked down the state's voter-approved ban on same-sex marriage, ruling Wednesday that the state's controversial Proposition 8 violates the U.S. Constitution.

Chief U.S. District Judge Vaughn Walker found in his ruling that the ban violated the Constitution's equal protection clause under the 14th Amendment.

(visit the link for the full news article)




posted on Aug, 4 2010 @ 04:16 PM
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Ignore for the moment if you will what the ruling was on, instead lets focus on the issue that steams me.

The people of CA Voted and a judge overturned the vote of the people. I am sure that no matter what way this went it would have been appealed anyway.

What scares me is what if we have a vote on lets say a senator and the judge steps in and rules for the person other than the democraticly elected one.

What then?

www.cnn.com
(visit the link for the full news article)



posted on Aug, 4 2010 @ 04:20 PM
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How much more obvious can it get that the will of the people doesn't mean squat in this country. Basically we are all screwed.



posted on Aug, 4 2010 @ 04:22 PM
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reply to post by hardamber
 


That's my point exactly.
Even if our vote counts a Judge can change our minds for us.



posted on Aug, 4 2010 @ 04:24 PM
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The will of the people?

Um... there was once a time when the will of the people condoned slavery and separation of race and whatnot. It's obvious that there are times when the will of the people, may be wrong. At such times, we have the Supreme Court to make sure that certain rights are not infringed.



posted on Aug, 4 2010 @ 04:25 PM
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The judge overturned the ruling because the rights of minorities should never have been put to a vote in the first place. Prop 8 was unconstitutional, and I applaud this judge for upholding the principles of freedom.

The gay marriage ban went against everything America stands for.



In Republics, the great danger is, that the majority may not sufficiently respect the rights of the minority.


-James Madison



All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.


-Thomas Jefferson



posted on Aug, 4 2010 @ 04:25 PM
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You cant mob rule somebody into being a second class citizen.

The judge should have ruled that any government acknowledgment of any relationship between private people is a violation and done away with the institution of government recognized marriage altogether.

It's nobody's damn business save for the parties involved.



posted on Aug, 4 2010 @ 04:26 PM
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Yes!! Victory for human rights!!

I am so glad there was a Judge in California that abides by the constitution, and we need more Judge's like this, for all of the ignorant, ill informed, uneducated voters out there who just want to push their unconstitutional agenda down law abiding tax paying people's throats.

It does not matter if the VOTERS voted this, if a Judge rules it unconstitutional, what is the outcry? That ignorant uneducated people's votes might be counted, regardless of lawfullness or constitutionality of their whim?

Good for California!!



posted on Aug, 4 2010 @ 04:27 PM
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reply to post by SWCCFAN
 


I don't think we can "ignore for the moment what the ruling was on". What the judge is saying, is that the issue should have never been put before the people for a vote. It's like having a public vote on free speech. Many of us would vote against it, simply because we think a lot of people ought to keep their mouths shut. However, free speech is a constitutional right, not up for determination.

I say score 1 for the Constitution. In a time when the Constitution isn't scoring very much, it's a welcome turn of events.



posted on Aug, 4 2010 @ 04:28 PM
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Good. Constitution upheld. That's what judges are there for, even if the people vote against what is right.

It's none of the government or anybody else's business who anybody marries or doesn't marry. That's between people and their gods, if they have gods.

Bet this is gonna suck for those fake libertarian Constitutionalists who ran around for years opposing gay marriage because it's somehow morally wrong or affects someone else's rights


[edit on 8/4/2010 by ~Lucidity]



posted on Aug, 4 2010 @ 04:29 PM
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This is ridiculous, my father was out there with the Later Day Saints. trying to enforce that this is what we the people of California want both times. The moment I told him of this, he lost what faith he had in our state and country. He looked at me and said "I thought this was a democracy?" He doesn't use the internet, he doesn't know the truth. But this was the moment that He woke up. 2:26 p.m. PT at 62 years of age.



posted on Aug, 4 2010 @ 04:30 PM
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ATS is just too much sometimes.
Rights are NEVER subject to a vote, the majority does not rule.
EVERY FREAKIN DAY, ATS'ers gripe about the Constitution being ignored, then you gripe when it's followed!
The Constitution is THE standard by all American law is measured, do you want it followed or not? Or only for hetros? Civil rights are NOT subject to a popularity contest! LEARN YOUR CONSTITUTION!
LEARN HOW AMERICAN LAW WORKS!



posted on Aug, 4 2010 @ 04:32 PM
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reply to post by MConnalley
 


Too bad he, and you, don't have a clue!
Majority rules is IGNORANCE! Civil rights of Americans are not subject to voter approval or dissapproval! LEARN BASIC CIVICS!



posted on Aug, 4 2010 @ 04:32 PM
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A link to a local paper -

sfgate

I actually liked this part of the ruling.

"California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result."

The crowd is already headed over to city hall to get marriage licenses. This is a great victory for equal rights, even if you do not agree with same sex marriage.

PDF of ruling

~Druidae

[edit on 4-8-2010 by Druidae]



posted on Aug, 4 2010 @ 04:34 PM
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Originally posted by ~Lucidity

Bet this is gonna suck for those fake libertarian Constitutionalists who ran around for years opposing gay marriage because it's somehow morally wrong or affects someone else's rights


It certainly will. Hopefully it sends them back to the neo horde.

The two easiest subjects to weed out the fakes is homosexuality and drugs.

Liberty is all well and good until some gay gets stoned. Then it's all fire and brimstone and this countrys going down the tubes nonsense.



posted on Aug, 4 2010 @ 04:35 PM
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Well I didn't want to inject my moral beliefs in to the subject. People have the freedom to do what they want. However forcing ones imorality on to others is wrong So what will come next?

America has lost any morals it once had anyway.

Quoting the Bible here would be pointless.

So really what's the point.



posted on Aug, 4 2010 @ 04:35 PM
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It looks like that a constitutional amendment is going to be required in the future to dissolve all same-sex "marriages."

Since these homosexuals have labeled themselves "gay", which use to mean "happy", then the happiness part described in the constitution has already met.

The only reason they want this law is to have access to benefits that are or were reserved for a male and female marriage. Their "love" is not the same love that is shown between man and woman and therefore it goes against all the laws and rules of nature.

The trouble about the homosexual agenda is that they want me and every other heterosexual male and female to accept them as they are. Well, fine and dandy but I don't have to sit down at the same dinner table with them or even acknowledge them for any reason as far as that goes.

Theuy are shunned by the heterosexual community because they are different from us. They say that they can't help themselves for being the way they are. Fine and dandy again. Just don't try and change the way we feel about them. They're not allowed in my house nor do I do business with them. That is strictly my CONSTITUTIONAL right to happiness.

To all homosexuals: have your constitutional rights OVER THERE!



posted on Aug, 4 2010 @ 04:37 PM
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reply to post by SWCCFAN
 


What the "ruling was on" simply cannot be ignored. You are comparing apples to oranges. "The people" voting an official into office versus "the people" voting whether you can marry or not are not the same, by any stretch of the imagination.



posted on Aug, 4 2010 @ 04:37 PM
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It does not matter what the will of the people is. This is a Constitutional question if the will of the people is something that goes against the intent and design of Constitution it is wrong period. Getting your feathers ruffled over this is exactly the same as saying Jim Crow laws were okay because it was the will of the people.

While I do not feel being Gay is right or natural myself, I just do not see how anyone has the right to deny them the same privileges they enjoy themselves. I am so tired of the "we need to protect marriage" crowd forcing their opinions and beliefs on other people yet have to explain what they are protecting marriage from.

If they really want to protect marriage why do they not look at themselves every time they file for a divorce, get in bed with someone other than their spouse, or go home and smack their spouse and kids around some after a particularly trying day at work. Looks like there is plenty to do on the protecting marriage front before they start trying to stop two people that love each other from participating in it.

As it stands now all marriage really is in this day and age is a legal way for someone to come into your life and screw you over with no consequences for it at all. Until that changes there is nothing worth saving or protecting from the big bad homosexuals.



posted on Aug, 4 2010 @ 04:38 PM
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reply to post by SWCCFAN
 


Their immorality is a judgment call based on YOUR beliefs. They're not forcing it on anyone. They have this right. It's pretty simple.



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