Prop 8 overturned

[spike]

Good news for civil rights.

Cheers heard on the live feed outside the SF courthouse.

New York Times has tweeted confirmation.

Vaughn Walker rules: “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”

“The state does not have an interest in enforcing private moral or religious beliefs without an accompanying secular purpose.”

Ruling enjoins enforcement of California’s Proposition 8.

More soon.

Here is the ruling:

http://firedoglake.com/2010/08/04/breaking-prop-8-overturned/

 

[ResearchMonkey]

So much for Democracy and states rights, voting is a 100% waste of time.

• Prop 187 set aside.
• SB1070 set aside.
• Prop 8 set aside.
• We shall soon see Prop C set aside.

There is only way to enforce the US Constitution and the left is going to bring it.

 

[catocom]

Strange how Dems want Democracy, until it doesn't fit their agenda huh?

 

[valkyrie]

This IS good news. This is exactly what the Founding Fathers had intended: no majority to impose laws restricting the rights of a minority.

 

[catocom]

So you are for a republic, and not a democracy?

 

[spike]

There is only way to enforce the US Constitution and the left is going to bring it.

Yes, many on the left helped enforce the US Constitution in this case. The Prop was unconstitutional and so has been overturned.

It's a good day for civil rights.

 

[ResearchMonkey]

national health care is also unconstitutional, but you ignore that.

the rite of marriage in not a right. It just more forced inclusion of values most of think is sick and twisted. Soon pedo/nambla and 3-way marriages and unions with farm animals.

Enjoy your civil war.

 

[spike]

So you are for a republic, and not a democracy?

We are a republic. Regardless though, you can't just have a majority passing arbitrary restrictions on the minority.

If the majority said "We don't like old people, let's make it illegal for anyone over 60 to buy land". That would be wrong.

 

[ResearchMonkey]

If the majority said "We don't like old people, let's make it illegal for anyone over 60 to buy land". That would be wrong.

So instead we'll just use DeathPanels and the state will simply claim the remaining estate of said dead person.

Government is gooood

 

[Gotholic]

This IS good news. This is exactly what the Founding Fathers had intended: no majority to impose laws restricting the rights of a minority.

That is where you are wrong. Marriage has never been a right.

 

[spike]

national health care is also unconstitutional, but you ignore that.

No it isn't. But hey, let's let the courts decide.

the rite of marriage in not a right.

Doesn't matter, you can't just arbitrarily deny one group access to something

It just more forced inclusion of values most of think is sick and twisted.

In reality most people don't think it's sick and twisted. In the US about half of the people are against same sex marriage and of those there a decent percentage are fine with civil unions. In Canada most people have supported same sex marriage for quite some time.

So there's really no basis for you thinking "most of think is sick and twisted". It looks like you made that up.

Soon pedo/nambla and 3-way marriages and unions with farm animals.

More made up stuff. Consenting adults has been the test. So only your 3-way marriages are a possibility. Maybe that will be allowed. Who cares.

Freedom between consenting adults.

Enjoy your civil war.

Bring it already. Enough talk.

 

[spike]

So instead we'll just use DeathPanels and the state will simply claim the remaining estate of said dead person.

Death Panels?

The lie of the year....and you fell for it. Geez.

 

[ResearchMonkey]

I think Canada is good fit for you. we can start a collection to get you there where you can renounce your US citizenship in protest.

 

[spike]

I think Canada is good fit for you. we can start a collection to get you there where you can renounce your US citizenship in protest.

I'm not protesting this. It's good news. You're the one talking about revolting. Seems like you're more likely to renounce your US citizenship in protest.

I think you'd like the North Pole. Maybe we should stat a collection to get you there.

 

[ResearchMonkey]

 

[spike]

Rm are you posting comments at Fox?

 

[Gonz]

Nothing like a homosexual judge, living in (or near) a city that has an large homosexual activist population, using his bench to take the Constitutional rights away from one set of citizens.

CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS


SEC. 7.5. Only marriage between a man and a woman is valid or
recognized in California.

 

[spike]

Nothing like a homosexual judge, living in (or near) a city that has an large homosexual activist population, using his bench to take the Constitutional rights away from one set of citizens.

Who the fuck did he take rights away from. He kept one set of citizens from limiting what other citizens can do.

Yay for freedom!

 

[spike]

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

And the full remedies ruled:

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same sex couples and has not suffered any demonstrated harm as a result, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings. Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.

http://nymag.com/daily/intel/2010/08/judge_vaughn_walker_hands_vict.html

 

[jimpeel]

Good news for civil rights.

http://firedoglake.com/2010/08/04/breaking-prop-8-overturned/

The law is not "overturned". It is going to be appealed. It is merely on hold until then.