Prop 8 Unconstitutional

[+ deej]

The decision is in. Analysts are still pouring over the 120 page decision, but it clearly finds Prop 8 unconstitutional.

 

Some are saying that since this is the first gay rights case decided at the federal appeals court level it's as important as Lawrence v. Texas. All say the case is likely headed to the Supreme Court eventually.

 

I just say GOOD RIDDANCE.

[Epigonos]

Nobody should be jumping up and down for joy just yet regarding this decision. The Ninth Circuit Court of Appeals is the most liberal of all the Circuit Courts. The pro Proposition 8 supporters can appeal the decision to a larger panel of Ninth Circuit Justices or appeal directly to the U.S. Supreme Court. Regardless is will likely end up being decided by the U.S. Supreme Court. Many Supreme Court scholars believe the court will split four/four; with Roberts, Alito, Scalia and Thomas voting to uphold Prop 8 and Breyer, Ginsburg, Sotomayor, Kagan voting to overthrow it. That would mean then that the final decision would be left to Anthony Kennedy a devout Roman Catholic.

 

The one point that many have overlooked is that the Supreme Court has traditionally been loathed to overthrowing what it sees as the will of the voting public on issues that are purely state’s matters. There is NOTHING in the U.S. Constitution pertaining to marriage. The court could simply decide that federal courts have no right to interfere in such matters and thus Proposition 8 would be left standing. Deciding along this line would allow the court to avoid the entire issue of same sex marriage.

 

The Texas case doesn’t allow the Supreme Court to take an easy way out. Proposition 8 relates ONLY to California. The Texas case involves the state of Texas refusing to recognize a legal marriage from another state Massachusetts. I have believed all along that this was the crucial case NOT the California Proposition 8 case.

[+ deej]

The 9th Circuit's ruling is sufficiently narrow there is doubt whether SCOTUS will even agree to hear the case.

 

In fact, the ruling doesn't take up the issue of marriage at all. It ONLY addresses the issue that Prop 8 "serves no purpose" (yes, those exact words) other than removing a right that had previously been granted to a specific class of individuals, with no benefit whatsoever.

 

And, of course, it's going to be tied up in the courts forever while state after state legalizes same sex marriage and Californians drum their fingers waiting.

[instudiocity]

Remember this one fact, The Ninth Circuit has the record for most overturned rulings of any Federal Judicial Circuit. It's just not over, yet.

[+ Lucky]

From the NYTimes:

The decision, though, was narrowly cast. The judges specifically avoided drawing any grand constitutional right to marriage, unlike the decision by Mr. Walker. Instead, they decided it on narrow grounds, referring to California law and its handling of the rights of domestic partnerships, in a way that might make it difficult to extend the logic of the ruling to other states.

 

From Lucky:

And, for all of the hoopla that Judge Walker did not have to disclose that he was gay and in a long term relationship, I say hooey. That could easily come back to bite us on the butt when some other judge declines to disclose something we would like to know before we submitted the case to him. And just as a practical matter, Judge Walker is a coward, riding his Republican ties to a federal bench while denying his gay self. Don't forget, he is the reason why the Gay Games are not called the Gay Olympics.

[MsGuy]

From the NYTimes:

Don't forget, [Judge Walker] is the reason why the Gay Games are not called the Gay Olympics.

 

Alternatively, pursuant to it's powers under Article I, Section 8, Clause 8, Congress gave the United States Olympic Commitee absolute control over the commercial use of the word Olympic(s) in the USA and the USOC decided to sue the Gay Olympics organization. Judge Walker just heard the case.

 

I suggest that if, for personal reasons, Judge Walker were unable to follow the clear law governing the Gay Olympics case, then he should, indeed, have removed himself.

 

It pissed me off too that the USOC let the Kennedy's have their Special Olympics but refused to permit us to use the word for our Games. Fuck them and their homophobic prejudice. But there was really nothing much Walker could do about it.

[down_to_business]

LOL - the pros and cons of purchasing long-term health care insurance was labeled POLITICAL and banished but this thread is not? Gotta love it!

[+ glutes]

People: 1

 

Haters: 0

 

 

http://www.funbumperstickers.com/images/Human_Rights_Equality_flag2.gif

[+ Lucky]

Alternatively, pursuant to it's powers under Article I, Section 8, Clause 8, Congress gave the United States Olympic Commitee absolute control over the commercial use of the word Olympic(s) in the USA and the USOC decided to sue the Gay Olympics organization. Judge Walker just heard the case.

 

I suggest that if, for personal reasons, Judge Walker were unable to follow the clear law governing the Gay Olympics case, then he should, indeed, have removed himself.

 

It pissed me off too that the USOC let the Kennedy's have their Special Olympics but refused to permit us to use the word for our Games. Fuck them and their homophobic prejudice. But there was really nothing much Walker could do about it.

 

Walker was not the judge on the case, but the attorney representing the Olympics committee.

[+ Lucky]

LOL - the pros and cons of purchasing long-term health care insurance was labeled POLITICAL and banished but this thread is not? Gotta love it!

 

This is not a political thread as the courts are removed from politics.

[+ deej]

This is not a political thread

 

Yet.

 

I wondered how long it would stay here.

[justaguy]

Lucky, your sense of humor is much appreciated by me this earlying in the morning.

[+ Lucky]

Glad to hear that. It gets better as the day goes along.

[MsGuy]

Walker was not the judge on the case, but the attorney representing the Olympics committee.

 

http://4.bp.blogspot.com/_ka0ZGk6bA2g/RrpX6j-NcYI/AAAAAAAAAOs/oq9IFOgoiHc/s320/roseanne.JPG

 

Oh!

 

Nevermind...

[Guest elmer]

Some folks are very clever:

 

http://www.huffingtonpost.com/2012/02/07/prop-8-declared-unconstitutional-anti-gay-protester-photos_n_1260861.html?ncid=wsc-huffpost-cards-image