Judge overturns California Gay Marriage Ban

[Rinualdo]

SAN FRANCISCO — In a major victory for gay rights advocates, a federal judge on Wednesday struck down a California ban on same-sex marriage.

Chief U.S. District Judge Vaughn Walker's decision to overturn the voter-approved ban, known as Proposition 8, came in response to a lawsuit brought by two same-sex couples and the city of San Francisco seeking to invalidate the law as an unlawful infringement on the civil rights of gay men and lesbians.

Proposition 8, which outlawed gay marriages in California five months after the state Supreme Court legalized them, passed with 52 percent of the vote in November 2008 following the most expensive campaign on a social issue in U.S. history.

More (http://www.msnbc.msn.com/id/38560562/ns/us_news-life/)


I think this was expected, but only one step in a battle that will ultimately wind up in the Supreme Court.

It would be nice if they could fast track these kinds of things and not waste money/time.

[ClydeR]

Beat me by one minute!

[Parkbandit]

http://3.bp.blogspot.com/_lcamd7XNO1M/Saj8grU6HFI/AAAAAAAAArw/fcHV07VDq78/s400/richard_simmons.jpg

[Parkbandit]

I think this was expected, but only one step in a battle that will ultimately wind up in the Supreme Court.

It would be nice if they could fast track these kinds of things and not waste money/time.

Of course it was expected.. the judge is gay and from San Francisco.

[iJin]

About goddamn time! Excellent news.

[Cephalopod]

Of course it was expected.. the judge is gay and from San Francisco.

Do you disagree with the ruling?

Are you aware who the lawyers are who brought the case up?

[sst]

Do you disagree with the ruling?

Are you aware who the lawyers are who brought the case up?

Yes.

I don't care about them.

Just because somebody has a political or personal belief and they may or may not have been in political party X does not make much of a difference.

[4a6c1]

This is wonderful news.

[IorakeWarhammer]

luckily nature is still not allowing them to normally reproduce..

[Methais]

I don't really give a shit about the whole thing one way or another, but I always wondered...why aren't gays happy with just a civil union? Isn't it pretty much the exact same thing as marriage, just with a different name?

[Warriorbird]

I don't really give a shit about the whole thing one way or another, but I always wondered...why aren't gays happy with just a civil union? Isn't it pretty much the exact same thing as marriage, just with a different name?

To some of them it places them as second class to straight marriage. Of course in forward thinking Southern states we've had amendments that even ban common law marriage in an attempt to avoid those evil civil unions.

[thefarmer]

I don't really give a shit about the whole thing one way or another, but I always wondered...why aren't gays happy with just a civil union? Isn't it pretty much the exact same thing as marriage, just with a different name?

I don't believe civil unions always get the same legal rights as being married when it comes to some things. Granted, it might just be that the language of whatever it is only uses 'marriage' in the terminology (with no mention of 'civil union') so they can get denied.

[IorakeWarhammer]

its not really hard to figure out guys.

most gays = democrats

most gays = above average yearly income

most gays = above average in being politically active

most gays = extremely socially liberal

if gays get the marriage rights, it legitimizes them and saves them money. if democratically elected officials help them secure these rights, where do you think this little extra wad of cash will be going?

If the Republicans didn't encourage their base to oppose these rights, they would be dumber than they already are.

[Clove]

I used to be of the opinion that gays should only fight for the rights themselves, and not go the extra step to call it "marriage," but that quickly disappeared with the realization that the distinction made little to no difference to the other sides' activists, and that the intangible social attachments of marriage are a part of the equality message.What's CrazyEyesMckinney think?

I'm just fucking with you. I agree opponents of same-sex unions get out of control, but I don't see how it's any more productive to aggravate the issue from the other direction. If homosexuals can secure equal rights THAT should be the final goal.

[Rinualdo]

I've yet to hear a clear, logical argument about how allowing gays to get married has an impact on heterosexual people. As has often been said, if you don't believe in gay marriage, don't have a gay wedding.

Can we really still proclaim that there's sanctity in marriage with shows like the Bachelor on? It seems to me, those who are so concerned with keeping marriage hallowed would want to outlaw divorce.

[ClydeR]

I don't really give a shit about the whole thing one way or another, but I always wondered...why aren't gays happy with just a civil union? Isn't it pretty much the exact same thing as marriage, just with a different name?

I see why everybody says you're the smartest person in this forum. The way you zeroed in on the fulcrum.

The fact is that if California didn't have domestic partnerships, then it wouldn't have lost this case. The court concluded that since California offers domestic partnerships with the same benefits as marriage, then the state must not have a legitimate reason for withholding the word "marriage."

I don't put any stock in the court ruling because it was just liberal judicial activism that puts us on a slippery slope toward Gomorrah. When Judge Scalia gets a hold of it on appeal, he will set things right again.

[RichardCranium]

I see why everybody says you're the smartest person in this forum. The way you zeroed in on the fulcrum.

I lol'd.

[Gan]

http://3.bp.blogspot.com/_lcamd7XNO1M/Saj8grU6HFI/AAAAAAAAArw/fcHV07VDq78/s400/richard_simmons.jpg

THATSSSS JUST FABULOUSSSS!

[Cephalopod]

Don't normally link to the Cato Institute...

Reagan-Appointed Judge Strikes Down Gay Marriage Ban (http://www.cato-at-liberty.org/2010/08/04/reagan-appointed-judge-strikes-down-gay-marriage-ban/)


In other words, this “liberal San Francisco judge” was recommended by Ed Meese, appointed by Ronald Reagan, and opposed by Alan Cranston, Nancy Pelosi, Edward Kennedy, and the leading gay activist groups. It’s a good thing for for advocates of marriage equality that those forces were only able to block Walker twice.

[Back]

Anticor must be celebrating...

Ba-zinga!

[Parkbandit]

Anticor must be celebrating...

Ba-zinga!

Anticor never seemed like the gay type to me.. with the exception of his tabard collection.

You on the other hand.....

http://i36.photobucket.com/albums/e6/belike53/back3.jpg

[Back]

Anticor never seemed like the gay type to me.. with the exception of his tabard collection.

You on the other hand.....

You saved a picture of me? Oh, how... cute.

Sorry man. You aren’t my type. But good job sticking up for your bro, bro.

[4a6c1]

I like Backs guild tabard. I've seen worse.... (Dark blue with giant teeth on it. REALLY???)

[Parkbandit]

You saved a picture of me? Oh, how... cute.

Sorry man. You aren’t my type. But good job sticking up for your bro, bro.

No shit, I'm not your type.

I like women.

[Wrathbringer]

Whether or not someone is gay has never bothered me in the slightest. What does bother me about the OP's news is the fact that the majority will of the people (Edit: of CA) is being crapped on here.

[Drisco]

I don't really give a shit about the whole thing one way or another, but I always wondered...why aren't gays happy with just a civil union? Isn't it pretty much the exact same thing as marriage, just with a different name?

I always wondered why Black people weren't just happy with using their separate bathrooms/stores and stuff. Like why do they need to use ours, it's the exact same thing all the white people use but with a different name.



Whether or not someone is gay has never bothered me in the slightest. What does bother me about the OP's news is the fact that the majority will of the people (Edit: of CA) is being crapped on here.



Same, I always wondered why they overturned Racism and Sexism. Like the majority wanted it to stay the same. That bothered me how they did that.

[Parkbandit]

Same, I always wondered why they overturned Racism and Sexism. Like the majority wanted it to stay the same. That bothered me how they did that.

Were the majority of people really for racism and sexism in the 60's?

Personally, I'm not religious and I'm not anti-gay.. so a ban on gay marriage seems stupid to me. Who cares? What problems will it cause me in my life if gay people want to marry? On the flip side, what difference does it make if the government passes a law to allow civil unions instead.. as long as they have the same rights and privileges as a married couple would have? There most certainly are differences between the two.

Seems like someone wants to be made a special and protected class in this country... and that I'm against. Are we going to have to call them "Alternative Lifestyle Americans" now?

[AnticorRifling]

Anticor must be celebrating...

Ba-zinga!

I don't care one way or the other. I say if they want to get married and be miserable like the rest of us go nuts (lol nuts gays puns ahhhh). It will probably be a boost to the economy since you know a gay wedding is going to cost stupid money with decorations.

[Drisco]

Were the majority of people really for racism and sexism in the 60's?

Personally, I'm not religious and I'm not anti-gay.. so a ban on gay marriage seems stupid to me. Who cares? What problems will it cause me in my life if gay people want to marry? On the flip side, what difference does it make if the government passes a law to allow civil unions instead.. as long as they have the same rights and privileges as a married couple would have? There most certainly are differences between the two.

Seems like someone wants to be made a special and protected class in this country... and that I'm against. Are we going to have to call them "Alternative Lifestyle Americans" now?


Because it's still the fact we can't have what straight people have. Why don't we just turn that? If we will get all the same rights why can't we just have a marriage.

We are not a special group, we are humans, who straight people classified us as special and wanted to discriminate against us.

We just want to be equals with every opportunity and no discrimination. I just don't see how logical folks don't see the Correlation to what Black/White and Male/Female activists went through. If you were a black person and they said you can't get married you have to get civil unions would that be okay? Knowing you can't have what white people can just because the color of your skin?

[Rinualdo]

A couple things to consider about this particular referendum as it applies to the majority.

I believe the vote differential was 600,000 votes- or 52/48 split. Not a huge majority.
There was also an issue with the way the referendum was worded, such as a a yes vote meant to disapprove, and a no vote meant to keep the status quo.

In fairness, the confusion that it caused probably benefited the anti-gay marriage crowd more then the other, but who knows.

I'll also echo the above sentiments that following the majority isn't always a good idea, and our entire legislative branch was designed to minimize the impact of the majority.

[Drisco]

A couple things to consider about this particular referendum as it applies to the majority.

I believe the vote differential was 600,000 votes- or 52/48 split. Not a huge majority.
There was also an issue with the way the referendum was worded, such as a a yes vote meant to disapprove, and a no vote meant to keep the status quo.

In fairness, the confusion that it caused probably benefited the anti-gay marriage crowd more then the other, but who knows.

I'll also echo the above sentiments that following the majority isn't always a good idea, and our entire legislative branch was designed to minimize the impact of the majority.

I'd like to think 600,000 voters were confused but the odds of that are slim. I just would like to see some equality, this shouldn't be an issue. I'm saddened that we haven't evolved into a society with a sound sense of equality and where to place it.

This makes me glad I live in Canada where we have a better grasp on what is right and wrong and where to place hate.

[AnticorRifling]

I just would like to see some equality... But only when it gets me something. The rest of the time I want to be special.

That's really my whole rub with the self labeling.

Obviously I'm talking in general and not you in particular since I don't know you outside this board. Obviously it might not be obvious since I had to state it was obvious so obviously I stated it as such. Obviously.

[Drisco]

But only when it gets me something. The rest of the time I want to be special.

That's really my whole rub with the self labeling.

Obviously I'm talking in general and not you in particular since I don't know you outside this board. Obviously it might not be obvious since I had to state it was obvious so obviously I stated it as such. Obviously.

Don't get me wrong but there are tons of gay people who are attention whores and love the fact they are gay and feel the need to share it. That isn't the majority though, they are the people you see because the other half you don't even recognize.

We are people and like people we are different. There are tons of guys/gals who are massive attention whores (IW) and annoy the shit out of you. They don't represent the straight community do they?

That is one thing that has bothered me being gay is if I say I hate the flaming homosexual people it means that I'm embarrassed that gay people act that way and they are putting us in bad stereotypes. I shouldn't be trying to silence them. That's not true at all, I'm just embarrassed for that person in general and I wouldn't like them if they were straight.

I want to be equal, I don't want the attention of being gay, not because of the negative conotations or because of the descrimination, I just generally don't want people to know my business and then base their whole opinion on me, because in reality it's not the defining and most important characteristic of who I am.

[Parkbandit]

IW isn't straight.

Jerkface.

FYI: iPhone Spell checker changes jerkface to Heritage

[TheEschaton]

I don't really give a shit about the whole thing one way or another, but I always wondered...why aren't gays happy with just a civil union? Isn't it pretty much the exact same thing as marriage, just with a different name?

Isn't riding in the "coloreds-only" car the same thing as riding in the "whites-only" car, just with a different name? This country long ago decided "separate yet equal" = "not really equal".

[Mighty Nikkisaurus]

This is great news, and I agree with everything Drisco has said.

http://graphjam.files.wordpress.com/2008/11/gaymarriage.gif

[TheEschaton]

Whether or not someone is gay has never bothered me in the slightest. What does bother me about the OP's news is the fact that the majority will of the people (Edit: of CA) is being crapped on here.

The whole crux of the 138 page decision (which I'm about halfway through, it's awesome) is that the will of voters does not supercede the constitutional rights of a person. You cannot vote away someone's rights, IE, we are a nation of laws, not men.

-TheE-

P.S. The reason Nachos brought up the question of who the lawyers suing to strike Prop 8 down is because those lawyers are Ted Olsen and David Boies, rabid partisans who were lead counsel in Bush v. Gore....on opposite sides. Olsen argued for President Bush, Boies for VP Gore, and they united together to get this ban struck down.

[Delias]

I not only support gay marriage, but totally wish I was gay... but that's a story for another thread, or possibly a therapist.

[Drisco]

I not only support gay marriage, but totally wish I was gay... but that's a story for another thread, or possibly a therapist.

We all can't be winners. I support another thread on this topic, it sounds interesting.

[Caiylania]

I think it is great news.

[Gan]

The interesting thing is to compare the voter referendum (Prop 8) to what just happened in MO with the healthcare vote.

Are the votes that were cast in CA as empty as some are considering the votes that were cast in MO recently?

[Paradii]

The interesting thing is to compare the voter referendum (Prop 8) to what just happened in MO with the healthcare vote.

Are the votes that were cast in CA as empty as some are considering the votes that were cast in MO recently?

Well, according to the judge's ruling, yes.

The judge ruled that the state had no business even putting this on the ballot, it is a right that can never be voted on.

[Gan]

Some would argue that healthcare is a right too.

[Paradii]

Some would argue that healthcare is a right too.

Well, that's a bit of a stretch.

[Gan]

No arguments here.

Just an interesting comparison.

[Clove]

http://rainbowroomsuk.co.uk/images/blame_straight_people-6219.gif

[ClydeR]

The interesting thing is to compare the voter referendum (Prop 8) to what just happened in MO with the healthcare vote.

Since you seem to be the only one who sees it, perhaps you could explain why you find it to be an interesting comparison.

[IorakeWarhammer]

gay babies? lmfao. i think genetics has probably contributed less to the level of homosexuals than catholic priests have

[RichardCranium]

I think homosexuality is more prevalent in the Muslim faith than is in Catholicism.

[Rinualdo]

I think homosexuality is more prevalent in the Muslim faith than is in Catholicism.

Are you including priests?

[RichardCranium]

What's the difference between acne and a Catholic priest?

[Cephalopod]

http://i.imgur.com/sDkuZ.jpg

[Daniel]

Some would argue that healthcare is a right too.

Maybe you should just pause a second and consider the general context of the two votes and how they are different. I know in your simplistic mind that "people voting" is one and the same, but there are some other considerations here like say the supremecy clause, the equal rights amendment and the way in which individual states create laws in accordance with the above.

[ClydeR]

I think this was expected, but only one step in a battle that will ultimately wind up in the Supreme Court.

I'm not so sure it's going anywhere. California has thrown in the towel, with both the Republican governor and Democrat attorney general saying that they accept the ruling. When both sides to a dispute agree, is there still a dispute?

[ClydeR]

The big problem may be that the judge who decided the case is reportedly a homosexual.

The big problem may be that the judge who decided the case is reportedly a homosexual who has been biding his time, a sleeper cell so to speak, just waiting to "unleash his ultimate agenda" of decimating everybody's marriages, according to the Family Research Council.


After two decades of criticism that he wasn't gay-friendly enough, the 65-year-old judge paid back his skeptics with the most powerful rebuke against man-woman marriage this country has ever seen. Back in 1987, his impartiality on homosexual issues was so stunning that Democrats actually opposed his nomination to the court where he now sits. But the reporter writes, "We now know what Walker never bothered to reveal when he was being castigated as anti-gay: He is gay."

It turns out that the Judge behind Proposition 8's undoing was just biding his time until he could unleash his ultimate agenda: decimating marriages that have defined civilization since the beginning of time.

More... (http://www.frc.org/get.cfm?i=WU10H04)

[Rinualdo]

Its sad and pathetic people actually believe that crap

[Drisco]

The big problem may be that the judge who decided the case is reportedly a homosexual.

The big problem may be that the judge who decided the case is reportedly a homosexual who has been biding his time, a sleeper cell so to speak, just waiting to "unleash his ultimate agenda" of decimating everybody's marriages, according to the Family Research Council.

This. Is. Awesome.

I love FRC just for the lawls they provide. They have to be the dumbest cult ever.

[Mighty Nikkisaurus]

http://i.imgur.com/sDkuZ.jpg

I just saw this, hahahahaha, awesome.

[Cephalopod]

This. Is. Awesome.

I love FRC just for the lawls they provide. They have to be the dumbest cult ever.

Have you met Westboro Baptist Church? You might rethink that "dumbest cult ever" status.

[ClydeR]

The Republicans are already taking action. A resolution introduced in the House (http://www.govtrack.us/congress/bill.xpd?bill=hr111-1607) yesterday condemns the California decision.

[ClydeR]

This court decision is already reverberating through the nation and into political campaigns, like in Georgia.


ATLANTA—Former Alaska Gov. Sarah Palin is expected in Georgia Monday to stump for her candidate in the state's hotly disputed GOP gubernatorial primary on Tuesday—a race in which red-meat conservative issues like gay marriage and abortion have taken center stage.

More... (http://online.wsj.com/article/SB10001424052748704268004575417670580889044.html?m od=ITP_pageone_1)

The Georgia vote was yesterday, but the last I heard is that it was too close to call.

[Rinualdo]

Apparently the Mexican Supreme Court ruled that states have to honor same-sex marriages in the country.
http://www.nytimes.com/2010/08/11/world/americas/11mexico.html?_r=1

I wonder when Iran will follow suit, but silly me, they don't have that phenomena in that country.

[Rinualdo]

This court decision is already reverberating through the nation and into political campaigns, like in Georgia.



The Georgia vote was yesterday, but the last I heard is that it was too close to call.

Looks like Handel conceded.



Former Secretary of State Karen Handel conceded Wednesday in her bid for the GOP nomination to run for governor in Georgia.

She's throwing her support behind her opponent, former U.S. Rep. Nathan Deal.

Handel said in a statement that she will not seek a recount even though she trailed Deal by less than 1 percent of the vote.
More (http://www.msnbc.msn.com/id/38658821/ns/politics-decision_2010/)

[Cephalopod]

So does this mean it would be Gingrich / Palin and not Palin / Gingrich?

[ClydeR]

If the judge rules tomorrow (http://latimesblogs.latimes.com/lanow/2010/08/judge-who-overturned-prop-8-will-rule-thursday-on-whether-samesex-marriages-can-resume-.html) that homosexuals can start getting married before the appeal is finished, which could take years, then the marriage issue will be front and center as we approach the mid-terms, no matter how much the politicians, both Republican and Democrat, want to discuss other things.

[ClydeR]

Walker denied the stay according to Lambda Legal. People can get married again starting today. Hope the momentum stays this direction.

When I read that alarming post, I immediately locked myself in my storm cellar. But when nothing happened after five hours, I decided to sneak out. The teevee said that the judge actually postponed it by a week. Disaster postponed. That gives Judge Scalia and the other Supremes a chance to set this right.

[Rinualdo]

I believe its the 9th Circuit that can stay the judge's order