California's Gay Marriage Ban Unconstitutional

[KnightofChrist]

The news just over the wires is that a Federal Judge has ruled that California's Gay Marriage Ban is Unconstitutional.

How Long, O Lord?

[KnightofChrist]

[quote]
EXCLUSIVE 1:26 PM PT: CA Prop 8 held to be unconstitutional under due process and equal protection. Will be released at 2 PM PT...
138 PAGE RULING: Judge strikes, 'Only marriage between a man and a woman is valid or recognized in California'...

JUDGE: PROPOSITION 8 DOES NOT SURVIVE RATIONAL BASIS...

JUDGE: Having considered the trial evidence and the arguments of counsel, the court pursuant to FRCP 52(a) finds that Proposition 8 is unconstitutional and that its enforcement must be enjoined.

'Proposition 8 places the force of law behind stigmas against gays and lesbians'...

'Stereotypes and misinformation have resulted in social and legal disadvantages for gays and lesbians'...

JUDGE: THE RIGHT TO MARRY PROTECTS AN INDIVIDUAL’S CHOICE OF MARITAL PARTNER REGARDLESS OF GENDER...

DOMESTIC PARTNERSHIPS DO NOT SATISFY CALIFORNIA’S OBLIGATION TO ALLOW PLAINTIFFS TO MARRY... [/quote]

SOURCE: http://drudgereport.com/

[Sojourner]

Eh, it's the 9th Circuit. Who knows what will happen in higher courts ...

[Hassan]

I'm happy about this. I'm sorry you all don't like the way things are going though (not sarcastic).

[KnightofChrist]

[quote name='Hassan' date='04 August 2010 - 05:29 PM' timestamp='1280957361' post='2152229']
I'm happy about this. I'm sorry you all don't like the way things are going though (not sarcastic).
[/quote]

I'm sorry the only way to enforce the liberal agenda is to rule against the will of the People and force it upon them.

Edited August 4, 2010 by KnightofChrist

[CatherineM]

Wonder what the court will look like by the time it gets there?

[SaintOfVirtue]

They ought to close the 9th circuit court. Twice the people voted on this issue and twice they upheld morality. This court is a fraud!

[StMichael]

The appeal will go to the the 9th circuit. After that it will go to the Supreme Court.

Amazing, twice the people of California have voted against gay marriages and twice it has been overturned by the courts. The 14th amendment does not allow for gay marriage. If that were the case, then we will begin to see allowances under this amendment for multiple partner marriages, etc. The 14th amendment was enacted to give the newly freed slaves citizenship and rights. Not be used for anchor babies and sickness.

Furthermore, the judge on this case is gay. If he was a devout Roman Catholic, there would have been blood in the streets.

So, once it makes it to the Supreme Court, and whatever they decide will become the law of the land, either way. So I expect gays to be allowed to be "married" in all 50 states come the end of 2011.

Lord forgive them for they do not know what they are doing.

Edited August 4, 2010 by StMichael

[Norseman82]

And the handbasket accelerates....

[quote name='Hassan' date='04 August 2010 - 05:29 PM' timestamp='1280957361' post='2152229']
I'm happy about this.
[/quote]

Why? Do you have a man-crush on one or more of us?

(sarcastic [b]humor[/b] yes, it's a joke; sorry, it was too easy to pass up)

Edited August 4, 2010 by Norseman82

[Lil Red]

[quote name='Norseman82' date='04 August 2010 - 02:39 PM' timestamp='1280957963' post='2152240']
And the handbasket accelerates....



Why? Do you have a man-crush on one or more of us?

(sarcastic humor; sorry, it was too easy to pass up)
[/quote]
[url="http://www.phatmass.com/phorum/index.php?showtopic=106778"]striving for charity?[/url]

[Brother Adam]

[quote name='Hassan' date='04 August 2010 - 06:29 PM' timestamp='1280957361' post='2152229']
I'm happy about this. I'm sorry you all don't like the way things are going though (not sarcastic).
[/quote]

I am not happy about this most of all for the children that will be seriously damaged due to same sex unions. Science and psychology have given us every rational reason to reject same sex unions. The data we already have shows that children do not thrive without a mother and a father. We will see dramatically higher statistics of sexual abuse, depression, suicide, and drug use, from same sex union families. History has taught us that whole civilizations fall when life is attacked and ruined from its foundational unit - the domestic church. Natural law, which is what the people of California voted on, knows that marriage belongs between one man and one woman and changing the law cannot change that. Not one man and one man, or one woman and a dog, or one man and five women.

The ruling is not a surprise at all, it is to be expected through this process with our current court system and I do expect the supreme court to rule to overturn the will of the people as well based on an erroneous guiding philosophy - that prohibiting issuing civil marriage licenses causes discrimination against married couples. I truly hope that those defending prop 8 are able to poke holes in that claim and show it for the house cards it is. It no more discriminates against those people than I am discriminating against smokers by banning their ability to smoke in public, or banning a pervert from the man-boy love association from marrying a 8 year old boy. Freedom does not and has never meant being able to do whatever you want.

[Brother Adam]

I just finished reading the 136 page ruling and it is a legal mess. I would be embarrassed to be that judge right now. It is biased and relies heavily on the personal philosophy of one expert (Cott), rebuking and throwing out the expert testimony of the defendants because they don't agree with the judges favorite "expert". A high school law class could tear right through this judgment, so I would not call this fight over by any means. Gay and Lesbian activists have basically redefined marriage to be based solely on economics and good feelings. Which makes sense - its about the money and its about 'sexual freedom'. I guess I was expecting to be challenged to further examine well thought out arguments from the gay and lesbian groups. Not this time.

[BG45]

[quote name='Brother Adam' date='04 August 2010 - 08:12 PM' timestamp='1280967165' post='2152337']
I just finished reading the 136 page ruling and it is a legal mess. I would be embarrassed to be that judge right now. It is biased and relies heavily on the personal philosophy of one expert (Cott), rebuking and throwing out the expert testimony of the defendants because they don't agree with the judges favorite "expert". A high school law class could tear right through this judgment, so I would not call this fight over by any means. Gay and Lesbian activists have basically redefined marriage to be based solely on economics and good feelings. Which makes sense - its about the money and its about 'sexual freedom'. I guess I was expecting to be challenged to further examine well thought out arguments from the gay and lesbian groups. Not this time.
[/quote]

Surely an openly gay judge would not be biased in favor of gay marriage...

[Jesus_lol]

laws positively affecting minorities generally fail when put to the popular vote.


[quote name='Hassan' date='04 August 2010 - 02:29 PM' timestamp='1280957361' post='2152229']
I'm happy about this. I'm sorry you all don't like the way things are going though (not sarcastic).
[/quote]

cant say im unhappy about it either.


[quote name='KnightofChrist' date='04 August 2010 - 02:32 PM' timestamp='1280957541' post='2152230']
I'm sorry the only way to enforce the liberal agenda is to rule against the will of the People and force it upon them.
[/quote]

Its also the only way to defeat the liberal agenda, to rule against the will of the people and force pro-life/anti-abortion laws upon them. i dont think you would have much trouble with the method used in that case.

[Brother Adam]

USCCB News Release

10-145
August 4, 2010
FOR IMMEDIATE RELEASE



Cardinal George Decries Court Decision Striking Down California Marriage Law

Archbishop Kurtz Joins Cardinal George in Criticism
Notes That Voters Have Upheld Traditional Marriage at Every Turn
Calls Marriage Essential to Well Being of Society

WASHINGTON—Cardinal Francis George, President of the United States Conference of Catholic Bishops, decried the August 4 decision of a federal judge to overturn California voters' 2008 initiative that protected marriage as the union of one man and one woman.

“Marriage between a man and a woman is the bedrock of any society. The misuse of law to change the nature of marriage undermines the common good,” Cardinal George said. “It is tragic that a federal judge would overturn the clear and expressed will of the people in their support for the institution of marriage. No court of civil law has the authority to reach into areas of human experience that nature itself has defined.”

Joining Cardinal George in his criticism of the court decision was Archbishop Joseph Kurtz, Chair of the Ad Hoc Committee for the Defense of Marriage. Archbishop Kurtz noted that “Citizens of this nation have uniformly voted to uphold the understanding of marriage as a union of one man and one woman in every jurisdiction where the issue has been on the ballot. This understanding is neither irrational nor unlawful,” he said. “Marriage is more fundamental and essential to the well being of society than perhaps any other institution. It is simply unimaginable that the court could now claim a conflict between marriage and the Constitution.”