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RE: Federal Judge: CA Prop 8 Unconstitutional

Wed Aug 11, 2010 6:35 pm

Quoting mariner (Reply 249):
All Mexican states must recognize gay marriages

Looks like the Mexican decision rests on a line in their Constitution similar to our Full Faith and Credit clause.
 
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RE: Federal Judge: CA Prop 8 Unconstitutional

Wed Aug 11, 2010 7:12 pm

Quoting Cadet985 (Reply 7):
In my opinion, the decision to overturn the will of the voters is WRONG. The people voted, and it's like their opinions didn't matter.

Great, in other words, the tyranny of the mob trumps all else.
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DocLightning
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RE: Federal Judge: CA Prop 8 Unconstitutional

Wed Aug 11, 2010 8:35 pm

Welp, it's officially gotten ugly:



This is a NOM protester.

Glad to know that the folks at NOM have a deep respect for the Iranian Ayatollahs.
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D L X
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RE: Federal Judge: CA Prop 8 Unconstitutional

Wed Aug 11, 2010 9:06 pm

Quoting DocLightning (Reply 252):
Welp, it's officially gotten ugly:

Another anti-gay marriage argument that does not invoke the US Constitution.

Dispatch it as such.
 
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RE: Federal Judge: CA Prop 8 Unconstitutional

Wed Aug 11, 2010 9:29 pm

Quoting DocLightning (Reply 252):

Interesting that he chose two nooses side by side, and how those two nooses look like balls hanging there. Now why would they choose an image that is reminiscent of balls? I think we have a closet case right there.   
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DocLightning
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RE: Federal Judge: CA Prop 8 Unconstitutional

Wed Aug 11, 2010 10:11 pm

Quoting FlyDeltaJets87 (Reply 254):

Interesting that he chose two nooses side by side, and how those two nooses look like balls hanging there. Now why would they choose an image that is reminiscent of balls? I think we have a closet case right there.

I dunno, dude. You're the one who noticed it.   

(Come to the dark side, DeltaJets. We have cookies. And bright, shiny things!)
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OA412
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RE: Federal Judge: CA Prop 8 Unconstitutional

Wed Aug 11, 2010 10:14 pm

Quoting DocLightning (Reply 252):

Wow. Classy!  
Quoting FlyDeltaJets87 (Reply 254):
Interesting that he chose two nooses side by side, and how those two nooses look like balls hanging there. Now why would they choose an image that is reminiscent of balls? I think we have a closet case right there

  

Quoting D L X (Reply 253):
Another anti-gay marriage argument that does not invoke the US Constitution.

Exactly. I have to hear any opponent give me a cogent argument against gay marriage that is based on the US Constitution. All arguments I'm hearing, both here and elsewhtere, are emotional, and not legal, in nature.
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DocLightning
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RE: Federal Judge: CA Prop 8 Unconstitutional

Wed Aug 11, 2010 10:15 pm

Quoting OA412 (Reply 256):

Exactly. I have to hear any opponent give me a cogent argument against gay marriage that is based on the US Constitution. All arguments I'm hearing, both here and elsewhtere, are emotional, and not legal, in nature.

Or biblical. And there is that pesky First Amendment.
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RE: Federal Judge: CA Prop 8 Unconstitutional

Wed Aug 11, 2010 10:32 pm

Quoting DocLightning (Reply 252):

I wonder if they read the entirety Leviticus. It also says that eating shellfish is an abomination! No more Red Lobster for them... LOL
 
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RE: Federal Judge: CA Prop 8 Unconstitutional

Wed Aug 11, 2010 11:14 pm

Quoting DocLightning (Reply 255):
(Come to the dark side, DeltaJets. We have cookies. And bright, shiny things!)

Why do I suddenly have visions of this van?


Quoting DocLightning (Reply 257):
Or biblical. And there is that pesky First Amendment.

Facts, schmacts. The point is that gays shouldn't marry because it makes me uncomfortable, and their getting married isn't going to desicrate the sanctity of the 50% of marriages that don't end in divorce.

Quoting DeltaMD90 (Reply 258):
I wonder if they read the entirety Leviticus. It also says that eating shellfish is an abomination! No more Red Lobster for them... LOL

No more Red Lobster? Well we simply can't have that. There's no need to take the Bible literally.  
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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 12:09 am

Quoting Aaron747 (Reply 236):
This guy is as solid a litigator as they come.

That video is terrific. He really states the case clearly and in a way that the host can't refute. I really do like how simply he clarifies why this is not a case of "judicial activism" that many buzz-word happy people like to throw out for this decision.

Quoting OA412 (Reply 256):
Exactly. I have to hear any opponent give me a cogent argument against gay marriage that is based on the US Constitution. All arguments I'm hearing, both here and elsewhtere, are emotional, and not legal, in nature.

  
While perusing CNN I read a opinion piece from a bishop (so I am not surprised at his view that marriage should only be between a man and a woman) stating that this was not an issue of bigotry but rather an issue of biology. And then he goes on to use biblical and religious arguments to support his position. The whole issue is that society is acting in a bigoted way towards same-sex relationships and excluding same sex marriage. People don't want to admit it, and once upon a time I was one of those people who thought this was an "inferior" form of marriage, but it is not and there is no legal reason, in a a secular society, for there to be this exclusion. It is only because of people's personal prejudices that it is currently not allowed.

http://www.cnn.com/2010/OPINION/08/0...ame.sex.marriage/index.html?hpt=C2

Tugg
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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 12:20 am

Quoting Tugger (Reply 260):
That video is terrific. He really states the case clearly and in a way that the host can't refute. I really do like how simply he clarifies why this is not a case of "judicial activism" that many buzz-word happy people like to throw out for this decision.

It really is. And I have to tell you, I lost a good amount of respect for Chris Wallace based on this interview. He seems completely unable to believe that the definition of an activist judge is something other than one that rules that the politically left position was correct.
 
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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 12:55 am

Quoting OA412 (Reply 259):
and their getting married isn't going to desicrate the sanctity of the 50% of marriages that don't end in divorce.

Erm that should be is, not isn't.
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DocLightning
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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 1:09 am

Quoting OA412 (Reply 259):

Why do I suddenly have visions of this van?

How'd you get a picture of my new car? Stalker!!!

Quoting Tugger (Reply 260):

While perusing CNN I read a opinion piece from a bishop (so I am not surprised at his view that marriage should only be between a man and a woman) stating that this was not an issue of bigotry but rather an issue of biology.

Great. The Constitution doesn't regulate biology, either.
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FlyDeltaJets87
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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 1:11 am

Quoting DocLightning (Reply 255):
I dunno, dude. You're the one who noticed it.

Somehow I knew someone was going to take that approach, and I'm not the least bit surprised it was you.   

Quoting OA412 (Reply 259):
Quoting DocLightning (Reply 255):
(Come to the dark side, DeltaJets. We have cookies. And bright, shiny things!)

Why do I suddenly have visions of this van?

  
Except pedophile types never have shiny vans - they're always old rusty vans like the one in your picture.
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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 7:52 pm

There's a new CNN Poll about same sex marriage, especially with regard to the Constitution:

http://politicalticker.blogs.cnn.com...cans-split-evenly-on-gay-marriage/

"Forty-nine percent of respondents think gay and lesbian couples have the constitutional right to get married and have their marriage recognized by law, while 51 percent say those rights do not exist."

But there's another even more interesting question - with a more interesting result:

"In a separate question, some respondents were asked whether the Constitution should (rather than does) give gays and lesbians the right to marry.

In that separate question, 52% said that same-sex couples should have the constitutional right to marry; 46% say the Constitution should not convey that right."


52% would be a majority and that's a first in any poll I know of on the matter.

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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 8:26 pm

Quoting DocLightning (Reply 263):
How'd you get a picture of my new car? Stalker!!!

That's classified!

Quoting FlyDeltaJets87 (Reply 264):
Except pedophile types never have shiny vans - they're always old rusty vans like the one in your picture.

  
Hughes Airwest - Top Banana In The West
 
D L X
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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 8:29 pm

Interesting developments today:

Judge Walker ruled that the losers have until August 18 to get a ruling from the US Court of Appeals for the Ninth Circuit* to continue blocking gay marriage, before he would lift the ban himself.

http://news.yahoo.com/s/ap/20100812/ap_on_re_us/us_gay_marriage_trial

Here's the catch: the suit is against the State of California, but neither the state nor the governor have any intention to appeal the case. Turns out, the proponents of banning gay marriage might not have standing to make the appeal! Whoops! Talk about litigation malpractice! They should have joined the case so they could have standing, but they seem to have forgotten.

With no standing to appeal, and since California doesn't want to get involved, the case will probably die where it is, and gay marriages will resume on the 18th.
 
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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 9:15 pm

Quoting D L X (Reply 267):

   Excellent news indeed!
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D L X
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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 9:27 pm

Quoting OA412 (Reply 268):
Excellent news indeed!

Eh, it's a mixed bag. If you support only the repeal of Prop 8, then the repeal will be final on the 18th.

If you support ending all gay marriage bans in the United States, you'll have to wait for another case to come up since this isn't going to SCOTUS.
 
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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 9:32 pm

Quoting D L X (Reply 269):
Eh, it's a mixed bag. If you support only the repeal of Prop 8, then the repeal will be final on the 18th.

If you support ending all gay marriage bans in the United States, you'll have to wait for another case to come up since this isn't going to SCOTUS.

Yes true. I would have loved to have seen this taken to the Supreme Court where, hopefully, gay marriage would be deemed legal once and for all, however I remain confident that we will see that sooner rather than later. I
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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 9:34 pm

Quoting D L X (Reply 269):
If you support ending all gay marriage bans in the United States, you'll have to wait for another case to come up since this isn't going to SCOTUS.

Maybe that's what the people against gay marriage wanted. They "sacrificed" California, just to keep gay marriage from going to the Supreme Court, where they know that they have no chance in winning.
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RE: Federal Judge: CA Prop 8 Unconstitutional

Thu Aug 12, 2010 9:51 pm

Quoting mt99 (Reply 271):
Maybe that's what the people against gay marriage wanted.

The people against gay marriage didn't bring the case, though. In fact, the people that brought the case might want the Governator to appeal.
 
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RE: Federal Judge: CA Prop 8 Unconstitutional

Fri Aug 13, 2010 12:54 am

Quoting D L X (Reply 269):

If you support ending all gay marriage bans in the United States, you'll have to wait for another case to come up since this isn't going to SCOTUS.

I do, but I think this is good news. I am not convinced that SCOTUS will rule in favor of gay marriage at this point. This case mad me very nervous because the stakes are so high... and because the risk was also very high. I was very worried that this was going to go to SCOTUS and that SCOTUS would uphold Prop 8.

It's going to take a few more years for younger folks to come of age and for older folks to die. Some minds will be changed, but most of the change of public opinion will be due to attrition.

This WILL go to the SCOTUS. I can tell you exactly how it's going to happen: someone is going to get married in CA. They are going to move to FL. FL is going to not recognize the marriage and possibly to confiscate the kids.

I just hope they hold off a few years. We can't afford to lose this at SCOTUS level.
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D L X
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RE: Federal Judge: CA Prop 8 Unconstitutional

Fri Aug 13, 2010 1:08 am

Quoting DocLightning (Reply 273):
It's going to take a few more years for younger folks to come of age and for older folks to die. Some minds will be changed, but most of the change of public opinion will be due to attrition.

I *REALLY* hate that this idea keeps getting stated by our know-nothing media.

Supreme Court cases are not decided by public opinion! They are decided by constitutional law. Now, I'll probably have this comment deleted because the civil rights movement apparently has nothing to do with the gay rights movement, but if Brown had waited until public opinion came around, we might still have segregated schools. Fortunately for Brown and the rest of us, the Constitution was as clear in 1954 as it is today - separate is not equal.

The law is clear now. The Loving Rule has been in place in over 50 years. Lawrence, a case that was decided by a court just as conservative as this one has been in place for years as well.

If you believe it's your right, it's your right now. It's not your right later, it's your right now. GO GET IT.

Quoting DocLightning (Reply 273):
This WILL go to the SCOTUS. I can tell you exactly how it's going to happen: someone is going to get married in CA. They are going to move to FL. FL is going to not recognize the marriage and possibly to confiscate the kids.

That's not the case you want to go up. That's the case that will test the Full Faith and Credit clause. That will not bring gay marriage to Floridians that can't travel to California.

Quoting DocLightning (Reply 273):
We can't afford to lose this at SCOTUS level.

Then don't lose.
 
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RE: Federal Judge: CA Prop 8 Unconstitutional

Fri Aug 13, 2010 1:10 am

Unlike most other countries, we give a lot of power, including the officiating of marriage to the states rather in the control of the National government. Several European countries including Spain and in the Americas Argentina and only the other day Mexico, all have passed national laws allowing same gender state marriages. In this country, it will take either a US Supreme Court decision that says under the Constitution equal protection clauses that states must no longer ban same gender marriage, like they lost the ability to have race based discrimination or the Constitution is amended to take away the right to define marriage as only between people of different genders.

What todays' and the main decision most likely will mean is that California can offer 'Gay' marriages but not changing the laws of other states.
 
D L X
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RE: Federal Judge: CA Prop 8 Unconstitutional

Fri Aug 13, 2010 1:54 am

Let me follow up on something:

The racial reconciliation and healing this country has experienced was in many ways LED by Brown v. Topeka because kids were forced to interact with other races. Reconciliation was rammed down people's throats. Now, some people didn't like that -- that's clearly an understatement -- but opinions did change.

What's going to change opinion about gay marriage in the US is having gay marriages. People who don't approve will learn that the gay guys' marriage down the street doesn't affect them and their marriages in any way, no matter how icky they might think it is. In other words, waiting isn't gonna help much.
 
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RE: Federal Judge: CA Prop 8 Unconstitutional

Fri Aug 13, 2010 2:13 am

Quoting ltbewr (Reply 275):
and only the other day Mexico, all have passed national laws allowing same gender state marriages

Not quite accurate. Their courts ruled that any marriage performed in one state must be recognized by all the others. It doesn't require the states actually have to marry gays.

In fact, I believe this is exactly what will happen in the US in the next year.

Quoting ltbewr (Reply 275):
What todays' and the main decision most likely will mean is that California can offer 'Gay' marriages but not changing the laws of other states.

Like I said, it will now bring up the "Full Faith and Credit" clause in our Constitution, provided that the pro-Prop 8 crowd isn't stupid enough to try to bring the current case to the SCOTUS
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RE: Federal Judge: CA Prop 8 Unconstitutional

Fri Aug 13, 2010 2:17 am

Re: Public Opinion

Until at least a majority of Americans are OK with the idea, marriage equality's continued legality is uncertain. Public opinion may not trump court rulings, but it goes a long way towards cementing a change in civil rights institutionally. Obviously public opinion in some regions is going to be somewhat or even very different from the average.
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RE: Federal Judge: CA Prop 8 Unconstitutional

Fri Aug 13, 2010 4:29 am

Quoting D L X (Reply 274):

Supreme Court cases are not decided by public opinion! They are decided by constitutional law.

To some degree that is not true. Historically, SCOTUS has had to be somewhat reserved in certain decisions. They have made some unpopular decisions before, but they've also made some decisions that actually were probably in violation of the Constitution in order to preserve the power of SCOTUS. There is no provision in the Constitution that explicitly says that the other branches of government actually have to do with SCOTUS says.

The other thing is that SCOTUS is made up of nine people who are members of the public. And, by my count, it's entirely possible that at least five of them may vote against gay marriage. Again, attrition may be the way to change that.

Quoting D L X (Reply 274):

The law is clear now. The Loving Rule has been in place in over 50 years. Lawrence, a case that was decided by a court just as conservative as this one has been in place for years as well.

Do you honestly believe that if 50 years ago this case had come up before SCOTUS that they would have legalized gay marriage? It's no more Constitutional now than it was then.
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FlyDeltaJets87
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RE: Federal Judge: CA Prop 8 Unconstitutional

Fri Aug 13, 2010 4:59 am

Quoting D L X (Reply 274):
They are decided by constitutional law.

No, Supreme Court cases are decided by 9 justices who interpret the law. Reality is if the decisions were so black and white, every case would be decided unanimously at 9-0, or better yet we wouldn't even need a Supreme Court to begin with. It would be expected that the first judge who ruled on the issue ruled according to what the Constitution said. But that's not the case and that's why there is the appeals system with the Supreme Court being the ultimate authority. However, the 9 Justices who sit on the court all have their own opinions and to think they wouldn't let their own opinion get in the way is foolish.

Quoting D L X (Reply 276):
Let me follow up on something:

The racial reconciliation and healing this country has experienced was in many ways LED by Brown v. Topeka because kids were forced to interact with other races. Reconciliation was rammed down people's throats. Now, some people didn't like that -- that's clearly an understatement -- but opinions did change.

What's going to change opinion about gay marriage in the US is having gay marriages. People who don't approve will learn that the gay guys' marriage down the street doesn't affect them and their marriages in any way, no matter how icky they might think it is. In other words, waiting isn't gonna help much.

Here's my observation: part of the issue why so many Americans are unwilling to accept homosexuality is because of their image of the average homosexuals. They don't think of the average homosexual as "normal" (I'm using the terms average and normal loosely here in this post). The image so many people have is what they see on the media and in magazine as Gay Pride rallies and at Gay Day in Disney wearing ridiculous outfits, walking each other down the street on leashes (I think such a mentality is a hypocritical because its not looked down upon quite as much as when heterosexuals behave in such ways, but I'm trying to explain what I think the mindset is here). They don't see that your average homosexual is just like your average heterosexual, but instead associate homosexuality with such bizarre behavior and I think so much of that is what hurts the gay-rights movement among middle-America. Again, I'm not saying that mentality is right or fair - that's just what I think the mindset is.

(No, sorry Doc - you don't fall in the "normal" category.    )

[Edited 2010-08-12 22:28:08]
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RE: Federal Judge: CA Prop 8 Unconstitutional

Fri Aug 13, 2010 7:38 am

Quoting FlyDeltaJets87 (Reply 280):

(No, sorry Doc - you don't fall in the "normal" category. )

Actually, if you met me, you'd think I did. Nobody who meets me guesses I'm gay until I tell them. In the not-too-distant future I'll be wearing a wedding ring and then nobody will have the slightest clue.

I'm wildly abnormal. I just keep those abnormalities under my skin, carefully concealed behind a clever disguise as a responsible adult.
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RE: Federal Judge: CA Prop 8 Unconstitutional

Fri Aug 13, 2010 12:12 pm

Not quite accurate. Their courts ruled that any marriage performed in one state must be recognized by all the others. It doesn't require the states actually have to marry gays.

In fact, I believe this is exactly what will happen in the US in the next year.[/quote]
As soon as someone get married in CA and moves to a state where a constitutional amdendment states that marriage is between one man and one woman and they cannot do something like file taxes jointly, we'll have a case to test the full faith and credit clause.

However, before that can happen, SCOTUS will need to decide on is banning same sex marriages unconstitutional (due process and equal protection clauses) AND must the federal government recoginize same sex marriages (another case that falls under due process and equal protection).
Always wonderers if this "last and final boarding call" is in fact THE last and final boarding call.
 
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RE: Federal Judge: CA Prop 8 Unconstitutional

Fri Aug 13, 2010 12:41 pm

Quoting nyc2theworld (Reply 282):
However, before that can happen, SCOTUS will need to decide on is banning same sex marriages unconstitutional (due process and equal protection clauses) AND must the federal government recoginize same sex marriages (another case that falls under due process and equal protection).

If the states are required to do something so as not to run afoul of DP and EP, then the federal government is automatically bound not to do the same thing. (I think that's Brown v. Bolling, the case that desegregated Washington, DC.)
 
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RE: Federal Judge: CA Prop 8 Unconstitutional

Sun Aug 15, 2010 3:29 am

Quoting DocLightning (Reply 281):
In the not-too-distant future I'll be wearing a wedding ring and then nobody will have the slightest clue.

Congratulations!!! I've been wearing one since last month (it's legal here in DC)...even though it's not yet recognized at the Federal level, the emotional impact of committing yourself to one person for the rest of your life is not any less real.
 
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RE: Federal Judge: CA Prop 8 Unconstitutional

Mon Aug 16, 2010 6:43 am

Quoting charles79 (Reply 284):
the emotional impact of committing yourself to one person for the rest of your life is not any less real.

Wait...

We have to commit?

Oh dear... nobody mentioned THAT...  
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Maverick623
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RE: Federal Judge: CA Prop 8 Unconstitutional

Mon Aug 16, 2010 7:03 am

Quoting DocLightning (Reply 285):

Wait...

We have to commit?

Oh dear... nobody mentioned THAT...

It's ok, for a comparatively small fee and half your estate that commitment can be waived  
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RE: Federal Judge: CA Prop 8 Unconstitutional

Mon Aug 16, 2010 7:57 am

Quoting Maverick623 (Reply 286):

It's ok, for a comparatively small fee and half your estate that commitment can be waived

To go back to what my dad used to say: "If gays want to get married, God bless 'em. Why shouldn't they be as miserable as the rest of us?"

My rather conservative friend said "I'm all for gay marriage as long as they get divorce with it."

Another one said: "I don't see what the big fuss is. They're just going to learn to be more careful what they ask for next time."
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N1120A
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RE: Federal Judge: CA Prop 8 Unconstitutional

Mon Aug 16, 2010 4:40 pm

Quoting LAXintl (Reply 11):


Well he has made comments which were in the paper a couple months back which I took to reflect a predisposition, and yes he probably does have some personal skin in the game or bias.

Where was this inquiry when Ron George and the rest of the Supreme Court of California struck down Prop. 22?

Quoting LAXintl (Reply 11):

Read it several times.. Also cited in wikipedia as being one of two known gay Federal judges

Relying on Wikipedia for something like this could easily qualify as libel.

Quoting LAXintl (Reply 20):

Forcing society it must accept and bless as being "normal" the act of same-sex marriage is not a trivial matter in any shape of form and desecrates the most basic moral tenants many share.

No individual is forced to do anything.

Quoting LAXintl (Reply 20):
Simply looking at the physical design of the human body tells you same-sex coupling was not the intended outcome for man-kind.

Hmm, seems that human beings have found rather quick and easy solutions to the "design problem" you talk about.

Quoting pnqiad (Reply 135):

I don't think CA Supreme Court will have anything to do here anymore. It is in the Federal judicial system now - it will make its way to the 9th Circuit Court of Appeals and then to SCOTUS and it will definitely have national implications if SOCUTS weighs in either way.

This is a federal constitutional issue now. That means it goes through the federal system, and the federal system only.

Quoting Aaron747 (Reply 236):

Ted Olson answered some tough questions from Chris Wallace here

Ted Olson is someone for whom I have only grown more and more respect for since 2000. He absolutely tore apart that loser Wallace, who couldn't keep going on about things he has no idea about.
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N1120A
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RE: Federal Judge: CA Prop 8 Unconstitutional

Mon Aug 16, 2010 5:02 pm

Incidentally, here is another debate (and I consider Wallace's position to be one of debating) on the ruling, this time with David Boies (the "liberal" of the two lawyers) and Tony Perkins.

http://www.youtube.com/watch?v=PLVNxS6K5SE&feature=related
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Tugger
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RE: Federal Judge: CA Prop 8 Unconstitutional

Mon Aug 16, 2010 11:32 pm

And the Ninth US Circuit Court of Appeals has reinstated the Stay on the repeal of Prop 8:

Quote:
A federal appeals court in San Francisco issued a ruling today freezing a judge's decision that overturned California's ban on same-sex marriage.

The Ninth U.S. Circuit Court of Appeals granted a request by backers of Proposition 8, the voter-approved ban on gay and lesbian marriages, to stay the Aug. 4 ruling by Chief U.S. District Judge Vaughn Walker pending their appeal.
http://www.sfgate.com/cgi-bin/articl.../a/2010/08/16/BAEE1EUOIF.DTL&tsp=1

Tugg
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D L X
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RE: Federal Judge: CA Prop 8 Unconstitutional

Tue Aug 17, 2010 1:03 am

Quoting Tugger (Reply 290):
And the Ninth US Circuit Court of Appeals has reinstated the Stay on the repeal of Prop 8:

Wow.

Would love to see how people that don't have standing somehow have the ability to get a stay.

Unfortunately, these things are often very short memoranda that won't show a lot of reasoning. But I'd love to know how there is 1) irreparable harm to the appellants if there is no stay, and 2) how the appellants somehow managed to get standing.
 
UAL747
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RE: Federal Judge: CA Prop 8 Unconstitutional

Tue Aug 17, 2010 1:15 am

God. Here we go again. Arguments won't be heard until December 6. This is going to be a long road.
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N1120A
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RE: Federal Judge: CA Prop 8 Unconstitutional

Tue Aug 17, 2010 5:47 am

Quoting UAL747 (Reply 292):
God. Here we go again. Arguments won't be heard until December 6. This is going to be a long road.

Actually, that is an extremely short briefing schedule. They are setting this up to go to the Supremes next year.
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ATTart
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RE: Federal Judge: CA Prop 8 Unconstitutional

Tue Aug 17, 2010 1:01 pm

Just found this You Tube video on a friend's blog!!!!

http://www.youtube.com/watch?v=n9gbQKwOh68&feature=player_embedded
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RE: Federal Judge: CA Prop 8 Unconstitutional

Tue Aug 17, 2010 3:33 pm

Quoting N1120A (Reply 293):
Actually, that is an extremely short briefing schedule. They are setting this up to go to the Supremes next year.

Indeed, it is an extremely short briefing schedule, but I suspect that most of the argument will be about whether the 9th Circuit has jurisdiction to hear the case when the defendants conceded the case. If there is no jurisdiction (for lack of an Article III case or controversy) it will not go to the Supreme Court.

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