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__Kratos__
SAN FRANCISCO - The California Supreme Court has overturned a ban on gay marriage, paving the way for California to become the second state where gay and lesbian residents can marry.

The justices released the 4-3 decision Thursday, saying that domestic partnerships are not a good enough substitute for marriage in an opinion written by Chief Justice Ron George.

"Under these circumstances, we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest," the court said in a majority decision.

"Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional."

The cases were brought by the city of San Francisco, two dozen gay and lesbian couples, Equality California and another gay rights group in March 2004 after the court halted San Francisco's monthlong same-sex wedding march, which took place at Mayor Gavin Newsom's direction.

More of the article here: Link

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Wow, didn't think that would happen.
acidhead43
Great news!
bogcreeper
It makes me ill to see it, well lesbians are ok .. this will make a lot of people happy .. that makes me happy for them.
Lt_Ripley
eventually people become educated and less insecure with their own sexuality . It's a good thing.
ohio traveler
Difinitely a victory for personal civil liberties.
KyrusRose
These things have a way of spreading.. and I can't wait!
goalienan
This is good, and I hope other States follow....
AROCES
Why did the people of California bother voting then when a judge can make the final decision anyway?
I suggest then we let go of voter approving laws, have congress just present laws and judges decide which laws to passs or not.
Cradle of Fish
QUOTE (AROCES @ May 15 2008, 11:01 PM) *
Why did the people of California bother voting then when a judge can make the final decision anyway?
I suggest then we let go of voter approving laws, have congress just present laws and judges decide which laws to passs or not.


Here's a better question, why does a country that prides itself on it's freedom feel the need to outlaw things which don't cause any harm at all?
Wootloops
Hopefully more states to come.
__Kratos__
QUOTE (Cradle of Fish @ May 15 2008, 10:11 PM) *
Here's a better question, why does a country that prides itself on it's freedom feel the need to outlaw things which don't cause any harm at all?


Welcome to a country full of religious people...

Fortenberry then started in on a rant against science and against scientific explanations for cycles of sin. "Take homosexuals," he said. "Every single homosexual is a sexual-abuse victim. They are not born. They are created -- by pedophiles."

The crowd swallowed that one whole. One thing about this world: Once a preacher says it, it's true. No one is going to look up anything the preacher says, cross-check his facts, raise an eyebrow at something that might sound a little off. Some weeks later, I would be at a Sunday service in which Pastor John Hagee himself would assert that the Bible predicts that Jesus Christ is going to return to Earth bearing a "rod of iron" to discipline the ACLU. It goes without saying that the ACLU was not mentioned in the passage in Ezekiel he was citing -- but the audience ate it up anyway. When they're away from the cameras, the preachers feel even less obligated to shackle themselves to facts of any kind. That's because they know that their audience doesn't give a s---. So long as you're telling them what they want to hear, there's no danger; your crowd will angrily dismiss any alternative explanations anyway as demonic subversion.

A team of twenty of the world's leading scientists wouldn't be able to convince so much as one person in this crowd that homosexuals are not created by pedophiles.


Source

They can ignore the passage on the next page to murder their children for back talking and all that but wow, go a page back and you've got a quote against homosexuality that is used daily without question.
AROCES
QUOTE (Cradle of Fish @ May 16 2008, 03:11 AM) *
Here's a better question, why does a country that prides itself on it's freedom feel the need to outlaw things which don't cause any harm at all?

Freedom does not mean anything goes as long as no one gets harm, a society is built by people having certain guidelines.
And who is better to decides those certain guidelines, the people or Judges?
ohio traveler
Laws get voted on and passed by voters, but still have to pass constitutional muster. Which is where judges step in to decide that.

I believe this one was overturned by reason of discrimination. However, four votes to three votes means it sure was a close one.

bogcreeper
I watched a newsclip from yesterday from California showing the Gays and Lesbians waiting for the verdict. They were transfixed and then all of a sudden boom ... laughter, hugs and tears after the verdict was announced. Like they came out of the desert after ten days and found some grape Kool-aid.

Freedom .... with their exception
Clocker
QUOTE (AROCES @ May 16 2008, 02:42 PM) *
Freedom does not mean anything goes as long as no one gets harm, a society is built by people having certain guidelines.
And who is better to decides those certain guidelines, the people or Judges?


You avoided the question. Of course guidelines are needed, but there are also reasons for their creation. I think it's safe to say guidelines are created to make a society work as well as possible with several factors taken into consideration. If it is at some point observed that some of the guidelines need adjustment, they should be adjusted. Like now with this court decision.
Siara
QUOTE (bogcreeper @ May 16 2008, 12:28 PM) *
I watched a newsclip from yesterday from California showing the Gays and Lesbians waiting for the verdict. They were transfixed and then all of a sudden boom ... laughter, hugs and tears after the verdict was announced. Like they came out of the desert after ten days and found some grape Kool-aid.

Freedom .... with their exception


To me banning gay marriage is on a par with segregated education and forcing black people to ride in the back of the bus. Bizarre and totally unconstitutional.

That's great that the ban was over-ruled. Congrats to all the gay people here on moving a tiny step forward in their fight to experience the same constitutional rights that the rest of us enjoy.
bogcreeper
Just read a newsclip that stated that "gay marriage opponents vow to fight ruling"

These holier than thou's need to get the hell out of my country. Who the hell do they think they are, going around using their religion to force their beliefs on fellow countrysmen and women. I personally think that it should be allowed, even though they should keep it in the "closet" but they have the right ... the right to the pursuit of happiness. This attack on the U.S through religion has to go.
Siara
QUOTE (bogcreeper @ May 16 2008, 01:46 PM) *
Just read a newsclip that stated that "gay marriage opponents vow to fight ruling"

These holier than thou's need to get the hell out of my country. Who the hell do they think they are, going around using their religion to force their beliefs on fellow countrysmen and women. I personally think that it should be allowed, even though they should keep it in the "closet" but they have the right ... the right to the pursuit of happiness. This attack on the U.S through religion has to go.


*** applause ***
jaylemurph
QUOTE (__Kratos__ @ May 15 2008, 10:25 PM) *
Fortenberry then started in on a rant against science and against scientific explanations for cycles of sin. "Take homosexuals," he said. "Every single homosexual is a sexual-abuse victim. They are not born. They are created -- by pedophiles."


Heavens, I had no idea I've been sexually abused...

...I guess it must have been by Mr Fortenberry since he knows so much about it.


--Jaylemurph
Clovis
The citizens of any region should be able to vote and decide what the law will be through referendum. Judges should stop overriding the will of the majority. It is not so much about the issue it is the fact that judges should not be into the lawmaking or lawbreaking business.

QUOTE
“It is the people and not the judges who are entitled to say what the Constitution means, for the Constitution is theirs, it belongs to them and not to their servants in office” - Teddy Roosevelt
acidhead43
QUOTE (jaylemurph @ May 16 2008, 12:48 PM) *
Heavens, I had no idea I've been sexually abused...

...I guess it must have been by Mr Fortenberry since he knows so much about it.


--Jaylemurph



are you a gay homosexual?
Demian
QUOTE (Clovis @ May 16 2008, 10:04 PM) *
The citizens of any region should be able to vote and decide what the law will be through referendum. Judges should stop overriding the will of the majority. It is not so much about the issue it is the fact that judges should not be into the lawmaking or lawbreaking business.

As far as I've read the judges overthrew it because it went against the constitution of that state. One clever thing about a constitution is that you can't get laws passed that go against it, even if the majority votes for it, they'd have to change the constitution first and then make the law. So these judges didn't make or break any laws they upheld one.
jaylemurph
Demian's quite right; the Constitution gives people fundamental rights that are protected regardless of the will of the majority. One view of the history of the US is the extension of those basic rights to more and more people. The end of slavery and the right of women to vote were also done over the outcry of many people who thought it was against their god or would surely cause the end of their morality and politics.

It didn't.

--Jaylemurph
Cradle of Fish
QUOTE (AROCES @ May 16 2008, 12:42 PM) *
Freedom does not mean anything goes as long as no one gets harm, a society is built by people having certain guidelines.
And who is better to decides those certain guidelines, the people or Judges?


And what's the point of a guideline banning gay marriage? Marriage is not between one man and one woman, it's between one man and at least one woman. Family isn't the strict definition that seems to be forced onto it, one mother, one father, one daughter, one son. The only right this gay marriage ban is infringing on is the right for homosexuals to be happy.

The people shouldn't be the last word for laws anyway, it has been demonstrated countless times that people are too easily swayed to be a reliable decider. And who is going to turn up for such a vote? Only those motivated by either side, and those motivated against gay marriage greatly outnumber those who are motivated for it. That sounds like a balanced system to me.
ninjadude
QUOTE (AROCES @ May 15 2008, 06:01 PM) *
Why did the people of California bother voting then when a judge can make the final decision anyway?
I suggest then we let go of voter approving laws, have congress just present laws and judges decide which laws to passs or not.


Just spewing the Neocon talking points eh? the people of California DID INDEED VOTE THESE JUDGES INTO OFFICE. The truth hurts don't it.
ninjadude
QUOTE (Clovis @ May 16 2008, 03:04 PM) *
The citizens of any region should be able to vote and decide what the law will be through referendum. Judges should stop overriding the will of the majority. It is not so much about the issue it is the fact that judges should not be into the lawmaking or lawbreaking business.


The good citizens of California can bring referendums. Unlike almost all states. These judges where voted in by a MAJORITY. A judges job is to interpret existing laws. And they have done so. There was no lawmaking involved.

Clovis
QUOTE
SAN FRANCISCO (AP) — The California Supreme Court ruling legalizing gay marriage will not be the last word.

California voters will almost certainly hold a referendum on a constitutional amendment banning same-sex marriage in November, and for the first time anywhere in the U.S., the vote will have a direct and immediate effect on gay couples waiting to tie the knot.

The amendment needs a simple majority to pass, and if the voters reject gay marriage, their decision will supersede the high court's. There are signs the contest's outcome will be close.

It will certainly be costly — the two sides say they plan to spend at least $25 million combined on the campaign.

"The people who want to defeat the amendment are going to have to work very hard to be successful — harder than the people who want the amendment to pass," said Charles Gossett, a California State University-Pomona political scientist who has analyzed a decades worth of poll numbers on the issue. "But I don't think its impossible."

Though the state has a history of being on the vanguard of gay rights, California residents have polled slightly against same-sex rights in recent years.

The most recent polls, conducted in 2006 and 2007, found that 51 percent and 49 percent of survey respondents opposed making gay marriage legal, while 43 percent and 45 percent endorsed the idea.


http://ap.google.com/article/ALeqM5hZmLBrL...vB5hYwD90N0SLG0
BlueZone
QUOTE (Clovis @ May 16 2008, 04:04 PM) *
The citizens of any region should be able to vote and decide what the law will be through referendum. Judges should stop overriding the will of the majority. It is not so much about the issue it is the fact that judges should not be into the lawmaking or lawbreaking business.


Not true. Individuals have civil rights which are intrinsic to being human and these can't be voted away by their disapproving neighbors.
AROCES
QUOTE (Cradle of Fish @ May 16 2008, 09:42 PM) *
And what's the point of a guideline banning gay marriage? Marriage is not between one man and one woman, it's between one man and at least one woman. Family isn't the strict definition that seems to be forced onto it, one mother, one father, one daughter, one son. The only right this gay marriage ban is infringing on is the right for homosexuals to be happy.

The people shouldn't be the last word for laws anyway, it has been demonstrated countless times that people are too easily swayed to be a reliable decider. And who is going to turn up for such a vote? Only those motivated by either side, and those motivated against gay marriage greatly outnumber those who are motivated for it. That sounds like a balanced system to me.

Can't say that anymore for judges differ in opinions as well and there are Liberal and Conservative judges.
And what had the people approved gay marriage and the Judges overturned it, I'm sure you be calling to hang the judges.
.
Cradle of Fish
QUOTE (AROCES @ May 17 2008, 03:06 AM) *
Can't say that anymore for judges differ in opinions as well and there are Liberal and Conservative judges.
And what had the people approved gay marriage and the Judges overturned it, I'm sure you be calling to hang the judges.
.


I'm sure they wouldn't be able overturn it because gay marriage being illegal is unconstitutional.
ninjadude
QUOTE (AROCES @ May 16 2008, 10:06 PM) *
And what had the people approved gay marriage and the Judges overturned it, I'm sure you be calling to hang the judges.


The people of California did in fact. And no, "hanging" judges is something extreme neo-conservatives want to do when they don't get their way.
AROCES
QUOTE (ninjadude @ May 17 2008, 03:09 AM) *
Just spewing the Neocon talking points eh? the people of California DID INDEED VOTE THESE JUDGES INTO OFFICE. The truth hurts don't it.

When was the last Judicial election then?

QUOTE (Cradle of Fish @ May 17 2008, 05:52 AM) *
I'm sure they wouldn't be able overturn it because gay marriage being illegal is unconstitutional.

According to 4 judges, who made a ruling against the 3 other Judges and 37 million Californians.

QUOTE (ninjadude @ May 17 2008, 11:36 PM) *
The people of California did in fact. And no, "hanging" judges is something extreme neo-conservatives want to do when they don't get their way.

Nope, the people of California voted against it, I suggest you take a second look at it.

QUOTE (ninjadude @ May 17 2008, 03:12 AM) *
The good citizens of California can bring referendums. Unlike almost all states. These judges where voted in by a MAJORITY. A judges job is to interpret existing laws. And they have done so. There was no lawmaking involved.

The people of California voted and defined marriage as between a man and a woman. 4 Judges didn't interpret the will of the people and instead redefined it, kind of like oral sex is not sex.
Demian
QUOTE (AROCES @ May 18 2008, 04:34 AM) *
The people of California voted and defined marriage as between a man and a woman. 4 Judges didn't interpret the will of the people and instead redefined it, kind of like oral sex is not sex.

So if the people wanted to they could go and define education as being for white people?
Cradle of Fish
QUOTE (AROCES @ May 18 2008, 03:26 AM) *
According to 4 judges, who made a ruling against the 3 other Judges and 37 million Californians.


I thought the US prided itself on staying out of peoples private lives, and getting the people to vote on something that will NOT affect them in any way shape or form is the exact opposite of it.
Siara
QUOTE (Cradle of Fish @ May 18 2008, 11:15 AM) *
I thought the US prided itself on staying out of peoples private lives, and getting the people to vote on something that will NOT affect them in any way shape or form is the exact opposite of it.


America is obsessed with controlling peoples private lives and always has been. Think about the Puritans with their intricate legal system controlling peoples sex lives. This cultural obsession is the reason that most people (even people here) are so clueless about the concept of civil rights. Fortunately for America, the founding fathers DID understand civil rights and put the Bill of Rights into the Constitution.
AROCES
QUOTE (Cradle of Fish @ May 18 2008, 10:15 AM) *
I thought the US prided itself on staying out of peoples private lives, and getting the people to vote on something that will NOT affect them in any way shape or form is the exact opposite of it.

The US pride itself in having a society that have law and order and a system. Not really whatever goes and feels good is the way it is.
AROCES
QUOTE (Demian @ May 18 2008, 09:55 AM) *
So if the people wanted to they could go and define education as being for white people?

So if Judges wanted to they could go and define education as being for white people?
Now who would you rather have the say, 4 Judges or the majority of the population?
AROCES
QUOTE (Siara @ May 18 2008, 12:21 PM) *
America is obsessed with controlling peoples private lives and always has been. Think about the Puritans with their intricate legal system controlling peoples sex lives. This cultural obsession is the reason that most people (even people here) are so clueless about the concept of civil rights. Fortunately for America, the founding fathers DID understand civil rights and put the Bill of Rights into the Constitution.

You can say that for we have so many who are dependent on the govt for just basically everything, talk about controlling ones life.
Siara
QUOTE (AROCES @ May 18 2008, 03:32 PM) *
The US pride itself in having a society that have law and order and a system. Not really whatever goes and feels good is the way it is.


Counties with oppressive dictatorships have law and order and a system too. You've got to have individual human rights in the equation too.
Siara
QUOTE (AROCES @ May 18 2008, 03:38 PM) *
You can say that for we have so many who are dependent on the govt for just basically everything, talk about controlling ones life.


I agree that a government that allows one segment of the community to sponge off another is a bad government.
AROCES
QUOTE (Siara @ May 18 2008, 03:40 PM) *
Counties with oppressive dictatorships have law and order and a system too. You've got to have individual human rights in the equation too.

Yes we do have that, does not mean it's all gone because of one issue.
Siara
QUOTE (AROCES @ May 18 2008, 03:42 PM) *
Yes we do have that, does not mean it's all gone because of one issue.


Using the gay thing as an example-- how does allowing consenting adults who love each other to create a legally recognized household allow one segment of the population to sponge off of another?

If fairness is gone on one issue it's gone. Being fair to everyone except one person isn't the same as being fair.
AROCES
QUOTE (Siara @ May 18 2008, 03:47 PM) *
Using the gay thing as an example-- how does allowing consenting adults who love each other to create a legally recognized household allow one segment of the population to sponge off of another?

If fairness is gone on one issue it's gone. Being fair to everyone except one person isn't the same as being fair.

Whoever told you that everything in life is fair??? where have you been? mellow.gif
Siara
QUOTE (AROCES @ May 18 2008, 03:49 PM) *
Whoever told you that everything in life is fair??? where have you been? mellow.gif


I think we've got to be super vigilant about that. Of course I'm mellow about it sometimes but that's not one of my attractive qualities and I try to keep it out of my politics.
Demian
QUOTE (AROCES @ May 18 2008, 05:35 PM) *
So if Judges wanted to they could go and define education as being for white people?
Now who would you rather have the say, 4 Judges or the majority of the population?

Judges are there to interpret the laws which are made by the politicians elected by the people. That's they way it should be. The judges can't define anything they only interpret the laws. The politicians define things, people elect the politicians. So in that sense both the population and the judges had a say in this and the judges upheld what the majority believes. After all the majority had to be behind the constitution.
All western countries have this silly notion that the majority can't take away rights from the minority when these rights aren't harmful.
Siara
QUOTE (Demian @ May 18 2008, 03:58 PM) *
Judges are there to interpret the laws which are made by the politicians elected by the people.


They're also there to enforce the civil rights guaranteed in the Constitution.
AROCES
QUOTE (Demian @ May 18 2008, 04:58 PM) *
Judges are there to interpret the laws which are made by the politicians elected by the people. That's they way it should be. The judges can't define anything they only interpret the laws. The politicians define things, people elect the politicians. So in that sense both the population and the judges had a say in this and the judges upheld what the majority believes. After all the majority had to be behind the constitution.
All western countries have this silly notion that the majority can't take away rights from the minority when these rights aren't harmful.

Yes, interpret and not redefine. California people voted to define marriage and decided that marriage is between a man and a woman. Now 4 judges said, nope that is not correct under the constitution when there is nothing under the constitution that the judges based their rule on. So the Judges basically had no basisi for the ruling, made it up and overturned the vote of the people.
Demian
QUOTE (AROCES @ May 18 2008, 06:06 PM) *
Yes, interpret and not redefine. California people voted to define marriage and decided that marriage is between a man and a woman. Now 4 judges said, nope that is not correct under the constitution when there is nothing under the constitution that the judges based their rule on. So the Judges basically had no basisi for the ruling, made it up and overturned the vote of the people.

But by defining marriage as being between a man and a woman the majority (or at least the majority of those who actually voted) infringed upon the rights of a minority. Thereby it because unconstitutional and that's why the judges overturned the law. The judges basis for overturning the law was the constitution of the state, which seems like a pretty good basis to me. So if the majority really has a problem with this then they'll have to change the constitution first.
AROCES
QUOTE (Siara @ May 18 2008, 05:00 PM) *
They're also there to enforce the civil rights guaranteed in the Constitution.

WRONG, they are the Judicial part of the govt. The executive part enforces the law and rights.
This pretty much show today's problem with runaway judges. There are those like yourself who see Judges as the alternative to God.
AROCES
QUOTE (Demian @ May 18 2008, 05:10 PM) *
But by defining marriage as being between a man and a woman the majority (or at least the majority of those who actually voted) infringed upon the rights of a minority. Thereby it because unconstitutional and that's why the judges overturned the law. The judges basis for overturning the law was the constitution of the state, which seems like a pretty good basis to me. So if the majority really has a problem with this then they'll have to change the constitution first.

Who is to define it, the people or the Judges? Judge interpret the law, remember?
And who is the constituion of the State the people or the Judges opinion?
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