San Jose Mercury News: California gay marriage ban struck down, appeals court cites equal rights

[Larry]

Link.

A federal appeals court on Tuesday struck down Proposition 8, finding California's ban on same-sex marriage unconstitutional because it deprives gay and lesbian couples of the equal right to wed.

With a decision that pushes the gay marriage issue a step closer to the U.S. Supreme Court, the 9th U.S. Circuit Court of Appeals upheld former San Francisco Chief U.S. District Judge Vaughn Walker, who invalidated Proposition 8 in 2010 after an unprecedented trial.

"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples," Judge Stephen Reinhardt wrote, joined by Judge Michael Daly Hawkins.

More at link.

Oh, near as I can tell, the court ruled Prop 8 unconstitutional, but did not order it removed, pending appeals.. So it's been ruled unconstitutional, but apparently it stays in effect, anyway. (No, I have no idea why.)

[Kosher Ham]

I can't believe this is still an issue anywhere.

It's to the point of absurd.

I don't care who people want to marry and most people that I know don't care either.
It's ridiculous that so much time, energy, money and resources go into fighting this type of stuff.

[Buford]

I just want to say that Romney is positioned perfectly on this issue. Both sides.

[deejaydana]

It's only a matter of time till this was given the green light in California. It is sort of odd that it hasnt been made legal here yet.

[LadySkinsFan]

It's only a matter of time till this was given the green light in California. It is sort of odd that it hasnt been made legal here yet.

California Supreme Court did make it legal. Then the right wing decided to make a fundamental right into a referendum for a majority vote. Then the Mormon big dollars waged a fear campaign and a fundamental right was taken away from the people.

If it can happen to same sex marriage, it can happen to any of our rights. We need to fight to keep fundamental rights away from majority voter referendum.

[The Evil Genius]

I now know why Eli was going to Disneyland.


Thank you 9th US Circuit Court of Appeals.


BTW - this might be one of two topics that the GOP panders for the largely Dem hispanic vote in California.

[deejaydana]

California Supreme Court did make it legal. Then the right wing decided to make a fundamental right into a referendum for a majority vote. Then the Mormon big dollars waged a fear campaign and a fundamental right was taken away from the people.

If it can happen to same sex marriage, it can happen to any of our rights. We need to fight to keep fundamental rights away from majority voter referendum.

I honestly dont view it as being that dire in 2012 for us, but I still respect the vigilance you mention. Things like this happen over time and prevailing attitudes change afterall. Now we just need the Feds to respect the medical marijuana law passed here and then walked upon but heck, that's a debate for another thread.

[kramdizzle]

Wouldn't want to uphold what people voted for. That would be.....

[The Evil Genius]

Wouldn't want to uphold what people voted for. That would be.....

Some might argue that it doesn't matter what the people voted for, if what they voted for was ruled unconstitutional (or illegal).

[LadySkinsFan]

Wouldn't want to uphold what people voted for. That would be.....

Fundamental rights are not to be put to a vote.

[Kosher Ham]

Some might argue that it doesn't matter what the people voted for, if what they voted for was ruled unconstitutional (or illegal).

Then it should not get to the point of being voted for to begin with...

[PokerPacker]

Wouldn't want to uphold what people voted for. That would be.....

The majority do not have the right to oppress the minority.

[The Evil Genius]

Then it should get to the point of being voted for to begin with...

I agree. But the absurdity of the proposition system and the failure of the majority party (Dems) to squash this in the first place are at fault.

[Kosher Ham]

The majority do not have the right to oppress the minority.

How would same sex marriage be considered oppressive ?

[The Evil Genius]

The majority do not have the right to oppress the minority.

I wish more people believed in this.

---------- Post added February-7th-2012 at 03:36 PM ----------

How would same sex marriage be considered oppressive ?

I suspect his statement is that not allowing same sex marriage, while allowing other marriages, is oppressive to homosexuals.