[This is a major victory! Thankfully, public pressure has made the California Supreme Court take the right stand. This decision that "domestic partnerships are not a good enough substitute for marriage" is to the left of Obama and Clinton, both of whom oppose Gay/Lesbian marriage. -Steven Argue]
May 15, 2008
California Supreme Court Overturns Gay Marriage Ban
By THE ASSOCIATED PRESS
Filed at 1:05 p.m. ET
SAN FRANCISCO (AP) -- 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.
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 month-long same-sex wedding march that took place at Mayor Gavin Newsom's direction.
May 15, 2008
California Supreme Court Overturns Gay Marriage Ban
By THE ASSOCIATED PRESS
Filed at 1:05 p.m. ET
SAN FRANCISCO (AP) -- 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.
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 month-long same-sex wedding march that took place at Mayor Gavin Newsom's direction.
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Re: California Supreme Court Overturns Gay Marriage Ban
Fri, May 16, 2008 - 10:36 AMDor anyone know where this leaves the Rights move to create a constitualtional amenment to the Constitution of California that will deny same sex marriages? -
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Re: California Supreme Court Overturns Gay Marriage Ban
Fri, May 16, 2008 - 3:20 PMYes. A legal news analyst was saying that if one were to look closely at the wording of the document, the Supreme Court justices were saying that the basis for the decision was that in denying the right for gay people to marry, is to treat them as second class citizens. It's a civil rights issue, not an ethical issue. The Supreme Court justices indicated that they are defending the issue of equal rights and have the power to strike down laws they deem to be unconstitutional. While they did not exactly spell it out. The legal analyst indicated that the wording of the Supreme Court's decision suggests that they're anticipating the issue to re-surface in November's ballot measure. In essence, while the homphopes may push the ballot measure to re-define the marriage as between a man and a women, even if the ballot measure suceeds, the Supreme Court Justices can deem it unconstitutional and strike it down. Hopefully the right wingers will realize this. Hopefully they'll realize that they lost, WE WON, and just go back home and be more productive. They should send money to earthquake relief workers in China instead of sending money to kick around an issue that has already been decided on.
Azazeal -
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Re: California Supreme Court Overturns Gay Marriage Ban
Fri, May 16, 2008 - 10:37 PMThe California Supreme Court has ruled that gays have a constitutional right to liberation, entitling them to legal promiscuous public sex.
Now that would be liberating, compared to permission to imitate an ancient biblical patriarchal heterosexual institution . My 2 cents.-JTF -
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Re: California Supreme Court Overturns Gay Marriage Ban
Sat, May 17, 2008 - 12:04 AM
I hear you Jerry.
I'm all for promiscuous sex.
And as an atheist, I'm not big on ancient biblical traditions.
Yet, for couples who wish to marry, there are certain benefits that marriage gives that are important.
Visitation rights of relatives versus non-relatives who are sick is one of these.
Work benefits are another. Some of those benefits, like healthcare, should already be there through socialized medicine, but….
As long as heterosexual couples are given such unequal rights under conditions as they currently exist, we have a problem of inequality that shouldn’t be there. This is what makes this a victory in my opinion. It doesn’t mean Gays/Lesbians should get married, it means that right will be there if chosen.
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Re: California Supreme Court Overturns Gay Marriage Ban
Sat, May 17, 2008 - 3:42 PMThe issue for the November ballot is that the gay marriage foes are trying to create a constitutional amendment, not a law. If it passes, the supreme court can't strike it down as unconstitutional because it wouldn't be. It would be part of the constitution (constitutional) as voted into being by a majority of the voting citizens of the state. -
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Re: California Supreme Court Overturns Gay Marriage Ban
Mon, May 19, 2008 - 11:35 AMThe governor vowed to over turn it, and he does indeed have the authority to do so.
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Re: California Supreme Court Overturns Gay Marriage Ban
Mon, May 19, 2008 - 12:36 PMactually, if memory serves, the governor has vowed to overturn any thing started in the State Legislature, wanting only a law or amendment that was passed by the people to decided the peoples will of how California should stand. -
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Re: California Supreme Court Overturns Gay Marriage Ban
Mon, May 19, 2008 - 12:56 PMWhile I can't find the specific quote, queerty has quoted:
"The former actor’s staff later reiterate an earlier statement: the Governor will uphold the Supreme Court’s ruling on the controversially pro-gay laws."
and also:
The Republican Governor of California caused a stir when he told the Log Cabin Republicans that he opposes an amendment banning gay marriage.
'I will always be there to fight against that. I think we need a constitutional amendment so that a foreign-born (person) can run for president, but not against gay marriage. That would be a total waste of time.'"
www.queerty.com/marriage-s...g-20080412/
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Re: California Supreme Court Overturns Gay Marriage Ban
Tue, May 20, 2008 - 9:25 AMthank you allison
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Re: California Supreme Court Overturns Gay Marriage Ban
Mon, May 19, 2008 - 6:31 PMActually as I understand it, and I checked with a lawyer friend, the governor doesn't have the power to overturn it.
He definitely has come out and said that he doesn't support the amendment. That isn't saying he has the power to stop it if the people ratify it.
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Re: California Supreme Court Overturns Gay Marriage Ban
Mon, May 19, 2008 - 2:33 PMThe people can not create a constitutional amendment that violates a previous part of the constitution or the Judicial Interpretation of the constitution as a whole. -
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Re: California Supreme Court Overturns Gay Marriage Ban
Mon, May 19, 2008 - 6:34 PMThis doesn't sound right, because why would they (the folks trying to pass it) bother then...
I'm checking with my lawyer friend (just remembered she's a judge too) about this. Not to prove anybody wrong, but just because I want to know. -
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Re: California Supreme Court Overturns Gay Marriage Ban
Mon, May 19, 2008 - 8:19 PM"...Why would they...bother then..." you ask? It's because they still do not believe that gay and lesbians are entitled to the same rights and privliges as everyone else. Even though race-base descrimination was out lawed ages ago, there are still those that believe some ethinicites are inferrior to others.
Azazeal -
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Re: California Supreme Court Overturns Gay Marriage Ban
Mon, May 19, 2008 - 9:46 PMYou missed that my post is a response to the post above it which is about the people not being able to... read the post.
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Re: California Supreme Court Overturns Gay Marriage Ban
Wed, May 21, 2008 - 9:21 PMUnfortunately they can. That's what happened when Oregon's voters passed a constitutional ban on gay marriage. It specifically violates Section 20 of the state constitution, but was allowed to stand, as other amendments that were passed by popular vote and were in conflict with the constitution have been. -
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Re: California Supreme Court Overturns Gay Marriage Ban
Wed, May 21, 2008 - 10:33 PMWell..., I guess we all have to wait until November to find out.
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