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HalfMooner
Dingaling
Philippines
15831 Posts |
 Posted - 02/08/2012 : 05:48:28
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California's Proposition 8, which prohibited same-sex marriages, is now history. Unless the US Supreme Court resurrects the anti-gay travesty.
Here's quotes from the Federal court ruling by Vaughn R Walker, United States District Chief Judge:• “PROPOSITION 8 IS UNCONSTITUTIONAL BECAUSE IT DENIES PLAINTIFFS A FUNDAMENTAL RIGHT WITHOUT A LEGITIMATE (MUCH LESS COMPELLING) REASON. Because plaintiffs seek to exercise their fundamental right to marry, their claim is subject to strict scrutiny. Zablocki, 434 US at 388. That the majority of California voters supported Proposition 8 is irrelevant, as ‘fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.’”
• “Because the evidence shows same-sex marriage has and will have no adverse effects on society or the institution of marriage, California has no interest in waiting and no practical need to wait to grant marriage licenses to same-sex couples. Proposition 8 is thus not rationally related to proponents’ purported interests in proceeding with caution when implementing social change.”
• “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed the evidence shows Proposition 8 does nothing more than enshrine in the California constitution the notion that opposite sex couples are superior to same sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”
• “PROPOSITION 8 DOES NOT SURVIVE RATIONAL BASIS. Proposition 8 cannot withstand any level of scrutiny under the Equal Protection Clause, as excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest. One example of a legitimate state interest in not issuing marriage licenses to a particular group might be a scarcity of marriage licenses or county officials to issue them. But marriage licenses in California are not a limited commodity, and the existence of 18,000 same-sex married couples in California shows that the state has the resources to allow both same-sex and opposite-sex couples to wed. See Background to Proposition 8 above.”
• “A PRIVATE MORAL VIEW THAT SAME-SEX COUPLES ARE INFERIOR TO OPPOSITE-SEX COUPLES IS NOT A PROPER BASIS FOR LEGISLATION. In the absence of a rational basis, what remains of proponents’ case is an inference, amply supported by evidence in the record, that Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples.
FF 78-80. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better
than a relationship between two men or two women, this belief is not a proper basis on which to legislate. See Romer, 517 US at 633; Moreno, 413 US at 534; Palmore v Sidoti, 466 US 429, 433
(1984) (‘[T]he Constitution cannot control [private biases] but neither can it tolerate them.’).”
The evidence at trial regarding the campaign to pass Proposition 8 uncloaks the most likely explanation for its passage: a desire to advance the belief that opposite-sex couples are morally superior to same-sex couples. The campaign relied heavily on negative stereotypes about gays and lesbians and focused on protecting children from inchoate threats vaguely associated with gays and lesbians.
CONCLUSION:
Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. 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, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.
Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.
IT IS SO ORDERED.
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“Biology is just physics that has begun to smell bad.” —HalfMooner
Here's a link to Moonscape News, and one to its Archive. |
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Kil
Evil Skeptic
USA
13476 Posts |
Posted - 02/08/2012 : 10:16:50 [Permalink]
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| Good news indeed. Next stop, the Supreme Court. |
Uncertainty may make you uncomfortable. Certainty makes you ridiculous.
Why not question something for a change?
Genetic Literacy Project |
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Dr. Mabuse
Septic Fiend
Sweden
9687 Posts |
Posted - 02/08/2012 : 11:38:13 [Permalink]
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Awesome˝ But why would the Supreme Court be the next stop?
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Dr. Mabuse - "When the going gets tough, the tough get Duct-tape..."
Dr. Mabuse whisper.mp3
"Equivocation is not just a job, for a creationist it's a way of life..." Dr. Mabuse
Support American Troops in Iraq:
Send them unarmed civilians for target practice..
Collateralmurder. |
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HalfMooner
Dingaling
Philippines
15831 Posts |
Posted - 02/08/2012 : 12:38:35 [Permalink]
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Originally posted by Dr. Mabuse
Awesome˝ But why would the Supreme Court be the next stop?
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Well, actually there's another appeals court level to go through. But both sides have made it clear that if any decision that is against them is made, they'll take the case to the Supremes. And, as I understand it, that's really for the best. To be nationally binding, that's where the legality of banning same-sex marriage must be ultimately ruled upon. |
“Biology is just physics that has begun to smell bad.” —HalfMooner
Here's a link to Moonscape News, and one to its Archive. |
| Edited by - HalfMooner on 02/08/2012 17:00:48 |
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sailingsoul
SFN Addict
2830 Posts |
Posted - 02/08/2012 : 14:24:30 [Permalink]
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| It ain't over until the Supreme Court Sings and they may not even address it if they approve of the last decision. |
There are only two types of religious people, the deceivers and the deceived. SS |
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Kil
Evil Skeptic
USA
13476 Posts |
Posted - 02/08/2012 : 15:52:28 [Permalink]
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Originally posted by HalfMooner
Originally posted by Dr. Mabuse
Awesome˝ But why would the Supreme Court be the next stop?
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Well, actually there
s another appeals court level to go through. But both sides have made it clear that if any decision that is against them is made, they'll take the case to the Supremes. And, as I understand it, that's really for the best. To be nationally binding, that's where the legality of banning same-sex marriage must be ultimately ruled upon.
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Neither side wants to go to the ninth. It's a waste of time. Too liberal says the pro 8 people. So they will skip it and go on to the supreme court. |
Uncertainty may make you uncomfortable. Certainty makes you ridiculous.
Why not question something for a change?
Genetic Literacy Project |
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HalfMooner
Dingaling
Philippines
15831 Posts |
Posted - 02/08/2012 : 17:09:49 [Permalink]
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Originally posted by Kil
Neither side wants to go to the ninth. It's a waste of time. Too liberal says the pro 8 people. So they will skip it and go on to the supreme court.
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Thanks. I did not know they could skip the next court of appeals. Yeah, I think both sides want this issue as settled law as soon as possible. The Prop 8 people because they think they're guided by the commands of God, and especially because they realize the right-wing domination of the Supremes is likely to be fading, and now is their best chance. The anti-8 people because because they hope to win on merit even in the present court, and because their clients have been denied a basic human right like forever, and deserve a rapid decision. |
“Biology is just physics that has begun to smell bad.” —HalfMooner
Here's a link to Moonscape News, and one to its Archive. |
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U.S. Judge Overturns California Gay Marriage Ban
