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Prop 8 Oral Arguments in CA Supreme Court [MERGED]

White Eagle

White Eagle

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And the beat goes on, to quote Sonny.
Here's hoping the Calif court does the right thing again.

http://www.msnbc.msn.com/id/29462703/

Deja new: Prop. 8 challenge reaches Calif. court
Lawyers to argue over voter-approved ban on same-sex marriages
The Associated Press

SAN FRANCISCO - A year after the state Supreme Court entertained arguments on extending marriage to gay couples, many of the same lawyers will be back before the same justices this week arguing why California's voter-approved ban on same-sex marriage should stand or fall.
Click to expand...
 
Re: Deja new: Prop. 8 reaches Calif. court

It amazes me to read some of the comments left on the articles site. Some of the most biased I have ever read.
 
Re: Deja new: Prop. 8 reaches Calif. court

Although I think fighting for gay marriage is bad strategy, on this one I think the court should do what it did before. The whole point of being a constitutional republic is that the will of the majority does not and cannot prevail over rights. Since the court declared this a right already, it is contrary to the principles of constitutionalism to allow taking it away.

Of course, if I were sitting on the court, I'd just ask one of the proponents if they believed that marriage should be man-woman on religious grounds, and if I got a yes, argue to the rest of the court to throw out marriage from the law, period, because citizens believed it a religious matter.
 
Re: Deja new: Prop. 8 reaches Calif. court

Kulindahr said:
Although I think fighting for gay marriage is bad strategy, on this one I think the court should do what it did before. The whole point of being a constitutional republic is that the will of the majority does not and cannot prevail over rights. Since the court declared this a right already, it is contrary to the principles of constitutionalism to allow taking it away.

Of course, if I were sitting on the court, I'd just ask one of the proponents if they believed that marriage should be man-woman on religious grounds, and if I got a yes, argue to the rest of the court to throw out marriage from the law, period, because citizens believed it a religious matter.
Click to expand...

I agree with you here, and I'd love to see the religious right try to argue their way out of that box.
 
Re: Deja new: Prop. 8 reaches Calif. court

TX-Beau said:
I agree with you here, and I'd love to see the religious right try to argue their way out of that box.
Click to expand...

It would be more fun than when I ran into a religious-righter up camping last summer, who was ranting at people over "morality", and I blurted out, without thinking, something from my 'evangelical' days:

"I rebuke that in the name of Jesus!"

If I could have caught his face on film, I bet I could have won $50,000 on "America's Funniest". :badgrin:
 
Re: Deja new: Prop. 8 reaches Calif. court

After their courageous decision from last May, let's hope the CA Supreme Court goes two for two on that subject !
 
Re: Deja new: Prop. 8 reaches Calif. court

Thynight said:
It amazes me to read some of the comments left on the articles site. Some of the most biased I have ever read.
Click to expand...

Thank you. I normally read the comments to articles, but I didn't know that MSNBC had comments until I read the fine print. A bunch of idiots.
Thanks again.
 
Re: Deja new: Prop. 8 reaches Calif. court

White Eagle said:
Thank you. I normally read the comments to articles, but I didn't know that MSNBC had comments until I read the fine print. A bunch of idiots.
Thanks again.
Click to expand...

Your welcome.

I have always figured that articles are great, but the real stories are within the comments.
 
Re: Prop 8 - Live - CA Supr Court - Oral Argument

Another potentially helpful link is provided by the California Supreme Court:
 
Prop. 8 trial begins tomorrow!!!

I can't believe that it's finally come!

Does anyone have any final thoughts/predictions on the matter? I'm feeling pretty confident that the courts will overturn it, especially seeing that the California Legislature is officially against it now.
 
Re: Prop. 8 trial begins tomorrow!!!

I totally agree that it will be over-turned. Our great president is even against it. I would love to see right wing conservatives get pissed off and once again let America know how stupid they are for putting minorities down.
 
Re: Prop. 8 trial begins tomorrow!!!

I predict that if the courts find in favor of the gays there will be a hundred threads about "activist judges" from the usual suspects.
 
Re: Prop. 8 trial begins tomorrow!!!

If we win then it will be a symbol of hope!
 
Re: Prop. 8 trial begins tomorrow!!!

I think it will either be an all out win, or close one, looking at how the California Supreme Court has ruled in favor of equality based legislation in the recent past.
 
Re: Prop 8 Oral Arguments in CA Supreme Court [MER

You know, the question before the court has nothing to do with the justice or injustice of the amendment per se. The question before the court is whether the proposed amendment is really a revision rather than an amendment. An amendment can originate through the initiative process, but a revision has to originate in the legislature. So, if they decide it's an amendment, it stays; if they decide it's a revision, it goes.

The fact that this politician or that opposes the change shouldn't affect the court. The court is supposed to be above those kinds of influences.
 
Re: Prop 8 Oral Arguments in CA Supreme Court [MER

Madonna said:
I totally agree that it will be over-turned. Our great president is even against it. I would love to see right wing conservatives get pissed off and once again let America know how stupid they are for putting minorities down.
Click to expand...

You mean our president who can't find ethical people to appoint to the government?
His opinion on this is irrelevant: he doesn't live in the State of California.

construct said:
You know, the question before the court has nothing to do with the justice or injustice of the amendment per se. The question before the court is whether the proposed amendment is really a revision rather than an amendment. An amendment can originate through the initiative process, but a revision has to originate in the legislature. So, if they decide it's an amendment, it stays; if they decide it's a revision, it goes.

The fact that this politician or that opposes the change shouldn't affect the court. The court is supposed to be above those kinds of influences.
Click to expand...

I've read articles arguing both ways of the revision issue. Given that the court already decided on marriage as a basic right, I come down on the side of revision. Of course if I were on the bench, I'd argue that you can't amend away a basic right, anyway.
 
Re: Prop 8 Oral Arguments in CA Supreme Court [MER

I was gonna say the judges are probably pissed that the evangelic right overturned their ruling. But Construct threw a bomb in that theory.:rolleyes: I just hope they do the right thing.
 
Re: Prop 8 Oral Arguments in CA Supreme Court [MER

I really can't say how the court will uphold prop 8. If the CSC decided marriage was a fundamental right accessible to all then the amendment defining marriage as being between a man and a woman should be invalid until such time as marriage is ruled not to be a fundamental right or the constitution is revised not to provide equal rights to all.
 
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