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California judge rules ban on same-sex marriage unconstitutional

Discussion in 'Sports and News' started by Piotr Rasputin, Aug 4, 2010.

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  1. heyabbott

    heyabbott Well-Known Member

    "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Amendment IX

    If there isn't a stated, explicit Constitutional provision, then the rights are left to the people.

    http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/griswold.html
     
  2. hondo

    hondo Well-Known Member

    Go tell most African-Americans that their struggle for civil rights should be applied to "rights" regarding sexual orientation, and see the reaction you get.
     
  3. deskslave

    deskslave Active Member

    This again? The "black people don't like gay marriage!" thing? What the hell does it prove? The fact that a particular group of people has been wronged doesn't make them a moral authority on what is and isn't wrong.
     
  4. heyabbott

    heyabbott Well-Known Member

    No. In the Supreme Court follows existing law, the fact finding process conducted at the District Court level is the only fact finding and factual record available to the Supreme Court. They must use those facts as the basis to apply the law. However, unless Scalia is Carroll's Red Queen in drag, the current Supreme Court may be the most intellectually dishonest tribunal since Germany in the 30's. If Scalia really is the Red Queen, then it's the most intellcually dishonest court in history.
     
  5. Dick Whitman

    Dick Whitman Well-Known Member

    Biggest Supreme Court decision of the last how many years if Prop 8 gets overturned?

    Certainly the most sensational, from the public's standpoint.
     
  6. Human_Paraquat

    Human_Paraquat Well-Known Member

    From the ruling: "An initiative measure adopted by the voters deserves great respect. The considered views and opinions of even the most highly qualified scholars and experts seldom outweigh the determinations of the voters. When challenged, however, the voters’ determinations must find at least some support in evidence. This is especially so when those determinations enact into law classifications of persons. Conjecture, speculation and fears are not enough. Still less will the moral disapprobation of a group or class of citizens suffice, no matter how large the majority that shares that view. The evidence demonstrated beyond serious reckoning that Proposition 8 finds support only in such disapproval. As such, Proposition 8 is beyond the constitutional reach of the voters or their
    representatives."
     
  7. deskslave

    deskslave Active Member

    Or, in short, "it's icky" isn't a legal justification.
     
  8. Football_Bat

    Football_Bat Well-Known Member

    Considering the tide of public opinion tending toward gay rights in 2010 vis-a-vis African-American rights in 1954, Brown v. Board is probably bigger by a factor of 20.
     
  9. Dick Whitman

    Dick Whitman Well-Known Member

    Would this be as big as Roe v. Wade?

    Guess I'm just trying to figure out whether this would be one of THOSE cases, the kind that us non-lawyers know about. Brown v. Board of Education. Roe v. Wade. Dred Scott (for the wrong reasons). NY Times v. Sullivan.
     
  10. Human_Paraquat

    Human_Paraquat Well-Known Member

    Also remember that if this drags on two-plus years (appeals, SCOTUS, etc.), it's going to carry right through the next presidential election cycle. The Republican Party could conceivable use the issue to rally its base (which the party is generally good at doing anyway). This coupled with the repeal of Don't Ask, Don't Tell could make gay rights a larger factor in the next presidential election than any before it.
     
  11. micropolitan guy

    micropolitan guy Well-Known Member

    It's interesting that many of the conservative ilk say the Constitution must be taken at its word for the "right to bear arms" part of the 2nd amendment, but that the equal-protection under the law clause of 14th amendment does not apply when gay couples seek the same rights, i.e. to legally marry, as heterosexual couples.

    Bu then again, many of that ilk don't believe in the 10th or 17th amendments either, so whatever.

    They are losing this battle, just as the segregationists lost that battle 40-50 years ago.
     
  12. Dick Whitman

    Dick Whitman Well-Known Member

    That would be so short-sighted by them. Both parties need to be courting younger voting blocs. Even young conservatives don't have an issue with gay marriage.
     
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