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Judge overturns California's ban on same-sex marriage

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  • 04-08-2010 10:01pm
    #1
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭


    This judge should be president.

    http://www.cnn.com/2010/US/08/04/california.same.sex.ruling/index.html?hpt=T1&iref=BN1
    A federal judge in California has knocked down the state's voter-approved ban on same-sex marriage, ruling Wednesday that the state's controversial Proposition 8 violates the U.S. Constitution.

    Chief U.S. District Judge Vaughn Walker found in his ruling that the ban violated the Constitution's equal protection clause under the 14th Amendment.

    The closely watched case came some two years after Californians voted to pass Proposition 8, which defined marriage as a union between a man and a woman.

    Neither opponents nor supporters of same-sex marriage said before the ruling that it would likely be the last. Both sides said the decision will be appealed and eventually wind up in the U.S. Supreme Court.
    Tagged:


«1345678

Comments

  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    10 minutes without a reply? Where is everyone on this joyous occasion?


  • Closed Accounts Posts: 22,559 ✭✭✭✭AnonoBoy


    10 minutes without a reply? Where is everyone on this joyous occasion?

    We're all out getting gay-married! :)


  • Closed Accounts Posts: 5,677 ✭✭✭staker


    Will they do a Maastricht on it and put it back to the electorate until they legalise it?


  • Closed Accounts Posts: 132 ✭✭Up de Barrs


    It would be a great outcome if the US supreme court was to rule that same sex couples had an equal right to marry. The supreme court currently has a conservative majority but if President Obama gets to make appointment a liberal it may tip the balance.


  • Registered Users Posts: 28,789 ✭✭✭✭ScumLord


    Chief U.S. District Judge Vaughn Walker
    Is he any relation?


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  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    ScumLord wrote: »
    Why? Is one of those two guys standing next to Chuck Norris also called Walker?


  • Closed Accounts Posts: 20,739 ✭✭✭✭starbelgrade


    Does that mean that Orange County is now Pink County?


  • Registered Users Posts: 26,928 ✭✭✭✭rainbow kirby


    Fantastic news, the entire judgement is a giant F*CK YOU to the homophobes.


  • Closed Accounts Posts: 20,944 ✭✭✭✭Links234


    great news! :D


  • Registered Users Posts: 2,738 ✭✭✭Klingon Hamlet


    Brilliant, about time they sorted that out!:)

    Shouldn't this be in LGBT section? After Hours tends to attract rather unsavoury comments. Just saying...


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  • Closed Accounts Posts: 12 Nicolala


    Wonderful news! :D


  • Registered Users Posts: 11,331 ✭✭✭✭bronte


    A step in the right direction.


  • Registered Users Posts: 375 ✭✭Raedwald


    Good man that judge, wonderful news.


  • Closed Accounts Posts: 22,479 ✭✭✭✭philologos


    I'm very interested to see how this will turn out when appealed. I think it's a bad thing when the democratic vote of the people isn't respected.


  • Closed Accounts Posts: 36,634 ✭✭✭✭Ruu_Old


    Brilliant, about time they sorted that out!:)

    Shouldn't this be in LGBT section? After Hours tends to attract rather unsavoury comments. Just saying...

    That's what you want, isn't it?!? Everyone in their own little groups and boxes. You hate the ghey! :eek::mad:


  • Closed Accounts Posts: 22,559 ✭✭✭✭AnonoBoy


    Jakkass wrote: »
    I think it's a bad thing when the democratic vote of the people isn't respected.

    Sometimes things need to be changed for the good of a country.

    In the 1960's some states in America would have undoubtedly voted against integration of schools if they'd been given the option.


  • Closed Accounts Posts: 20,739 ✭✭✭✭starbelgrade


    Jakkass wrote: »
    I'm very interested to see how this will turn out when appealed. I think it's a bad thing when the democratic vote of the people isn't respected.

    We are talking about the USA here - it'd hardly be the first time that happened.


  • Closed Accounts Posts: 20,944 ✭✭✭✭Links234


    Jakkass wrote: »
    I think it's a bad thing when the democratic vote of the people isn't respected.

    Do you REALLY think it's right that a majority of people should discriminate against a minority? That sounds like one of the furthest things from democracy I could think of


  • Registered Users Posts: 7,606 ✭✭✭Jumpy


    Bummer.














    Ah no Im kiddin.


  • Registered Users Posts: 26,928 ✭✭✭✭rainbow kirby


    Links234 wrote: »
    Do you REALLY think it's right that a majority of people should discriminate against a minority? That sounds like one of the furthest things from democracy I could think of

    This springs to mind.


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  • Registered Users Posts: 4,305 ✭✭✭Chuchoter


    Jakkass wrote: »
    I'm very interested to see how this will turn out when appealed. I think it's a bad thing when the democratic vote of the people isn't respected.

    Equal rights.
    Yes.....Terrible.:rolleyes:


  • Closed Accounts Posts: 4,533 ✭✭✭Donkey Oaty


    Links234 wrote: »
    Do you REALLY think it's right that a majority of people should discriminate against a minority? That sounds like one of the furthest things from democracy I could think of

    Sadly, it's democratic. AKA the tyrrany of the majority.


  • Closed Accounts Posts: 22,559 ✭✭✭✭AnonoBoy


    This springs to mind.

    Hmmmm...... Opressilicious..... :)


  • Registered Users Posts: 10,517 ✭✭✭✭dsmythy


    Was the original vote on the same day as the presidential elections? Have them vote again and I bet you'll find California approve gay marriage. Oh and being against gay marriage does not make one a homophobe.


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    dsmythy wrote: »
    Oh and being against gay marriage does not make one a homophobe.

    Nope, just an oppressive zealot.


  • Registered Users Posts: 2,682 ✭✭✭LookingFor


    Jakkass wrote: »
    I'm very interested to see how this will turn out when appealed. I think it's a bad thing when the democratic vote of the people isn't respected.

    They live in a Republic with a Constitution, not in a simple 'majority rules' democracy.

    Thank God.
    staker wrote: »
    Will they do a Maastricht on it and put it back to the electorate until they legalise it?

    There's nothing to put back to the people. It was a piece of legislation that was brought in, voted on and now found to be unconstitutional. If a piece of legislation is unconstitutional you don't go back to the people with it, one way or the other. Well, you could, but it would be a bit redundant, and wouldn't make any difference.

    Anyway, of course, this will wind its way up the courts. It's not the end of the story. But as judgments go, it's a pretty big kick in the balls to anti-gay campaigners. It comes down very negatively on them. But that's not too surprising...the original defendants of Prop 8 didn't even support it in court (i.e. the Attorney General and Arnie), and the defense barely called any witnesses vs the 18 experts of the plaintiffs.


  • Closed Accounts Posts: 7,872 ✭✭✭strobe


    Jakkass wrote: »
    I'm very interested to see how this will turn out when appealed. I think it's a bad thing when the democratic vote of the people isn't respected.

    I'm curious Jakkass...honestly now, do you think you would have made that post if the situation was reversed? I'd like to give you the benefit of the doubt man but......


  • Closed Accounts Posts: 22,479 ✭✭✭✭philologos


    Links234 wrote: »
    Do you REALLY think it's right that a majority of people should discriminate against a minority? That sounds like one of the furthest things from democracy I could think of

    I think it is right that people should be able to decide how things are run in their own country, or in this case in their State. That's what democracy means, the term is derived from the Greek words demos - people and kratia - power.

    Judicial activism is something I have a distinct dislike for, and have had a dislike for ever since I studied about it when I took politics at university. I think the vote of the people is the best way to make significant changes to relationship and family structures. It rings more of aristocracy rather than democracy.

    On a personal level, I support retaining traditional marriage, and pursuing civil partnerships.

    Having said that, even though I oppose altering marriage, I would have respected this more if the people of California voted for this rather than having it imposed top down by a judge, who in this case could be argued to be biased in his judgement.


  • Closed Accounts Posts: 20,944 ✭✭✭✭Links234


    I would hope that if the majority of people in this country voted for all religious people to be rounded up and put into re-education programs to purge them of beliefs in gods and spirits and juju and santa, you'd be supportive of that?


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  • Closed Accounts Posts: 22,479 ✭✭✭✭philologos


    Links234 wrote: »
    I would hope that if the majority of people in this country voted for all religious people to be rounded up and put into re-education programs to purge them of beliefs in gods and spirits and juju and santa, you'd be supportive of that?

    It's nowhere near as extreme as that. Nobody is saying that LGBT couples shouldn't be allowed to formalise their relationships, but rather that they should be recognised as civil partnerships rather than de-facto marriages. If the people of California felt that was best in a referendum, that should be respected. That's their prerogative, and if the people of California wish to change that they should do it themselves via referendum rather than have it imposed by a judge.


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