Verdict on Proposition 8

[Joshua_me]

Has Fox News found a way to blame "ObamaNation" for this "abomination" yet ?

 

[hotatlboi]

I don't want to hear another god damned word about conservatives who all hate us after this brilliant work by Ted Olson.

I honestly don't know why there is any debate over this question.

It is certainly true that many (maybe even most) conservatives do not hate gay people. The left needs to realize that and stop painting too broad a brush.

It is certainly true that most people who do hate gays would describe themselves as conservative. The right needs to realize that and stop taking offense at reality.

 

[iman]

I don't want to hear another god damned word about conservatives who all hate us after this brilliant work by Ted Olson. Here is a guy who understands the meaning of equal protections, along with David Boies.

Nice job men!

One good man does not a party make. I presume even Cheney supports this, but he is still Cheney.

Perhaps instead of staying up all night the OP should have gone to bed and practiced up for the Honeymoon.

 

[Joshua_me]

I think special recognition should go to Metta,

^Absolutely.

He's a wonderful guy who keeps us up to date on all sorts of things that are important to our community.

He'll never see this over here, but I send him out some serious (((((hugz))))))

 

[Seasoned]

I am so pleased. I was in CA and was able to witness the first day of same sex marriage. I felt like I had been punched in the gut five months later when it all ended. What a great day it is!

 

[construct]

Just for informational purposes, Here is a list of counties in the Northern District of California from south to north.

Monterey
San Benito
Santa Cruz
Santa Clara
San Mateo
Alameda
Contra Costa
San Francisco
Marin
Napa
Sonoma
Lake
Mendocino
Humboldt
Del Norte

My question is whether an affirmation by the Ninth Circuit would strike down the similar prohibitions in all the other states in that circuit. Here is a list of the states in the Ninth Circuit.

Arizona
California
Nevada
Hawaii
Oregon
Idaho
Montana
Washington
Alaska

Certainly the reasoning on this district court decision would apply just as well to a similar case in any of those states.

 

[construct]

It's a great day for civil rights. Alas, I hate to pour cold water on our happiness, but I fear this will never get past the right wingers on the SCOTUS.

Do you really think the Supreme Court would grant cert on this case without a circuit split? Do you think that the contrary precedent of Baker v. Nelson by itself would prompt granting cert, especially if the First Circuit affirms the DOMA case from Massachusetts?

Besides that, I'm not so sure about how Justice Kennedy would come down. He wasn't bashful in the Lawrence opinion. He did say there flatly that Lawrence does not immediately affect the status of same-sex marriage, but the sweeping tone of that opinion makes me optimistic about him.

 

[bankside]

Finally.

A telling judicial blow against religion in the US.

Well, I would call it a telling blow against theocracy, but i get the gist....

 

[construct]

I understand what the posters "against" religion are saying. Sure, religious organizations contribute a lot of money and legal services to the struggle against gay marriage.

I also understand those who would like us not to paint religion with a broad brush. There are the Unitarians and the Metropolitan Community Churches, after all.

I just want to call attention to the fact that this opinion had nothing to do with the religion clauses. Free exercise of religion and the prohibition of establishment of religion are still in place and remain unaffected.

I do hope, as others have said, that these last few victories in federal courts will discourage the conservative churches from pouring money into the effort to stop gay marriage.

 

[hotatlboi]

Something interesting that was pointed out on the Rachel Maddow show.

In the opinion Judge Walker quotes Kennedy and he makes an effort to show how his previous ruling leads to this as the correct outcome on this case.

Obviously if it gets to the Supreme Court Kennedy will likely decide the case, and he will reexamine this case in context of his previous conclusions. And in the ruling Judge Walker seems to offer him a basis for agreement.

 

[JayHawk]

Do you mean where he ruled that a bay area group could not call their athletic competition the Gay Olympics?

Just wondering about the context of "his previous ruling"

I think he made a valid arguable ruling where he stated the law simply enshrines discrimination into california law.

 

[construct]

Do you mean where he ruled that a bay area group could not call their athletic competition the Gay Olympics?

Just wondering about the context of "his previous ruling"

I think he made a valid arguable ruling where he stated the law simply enshrines discrimination into california law.

I don't remember anything about the Gay Olympics in this opinion. On the other hand, Kennedy wrote the majority opinions in Lawrence and Romer. I suspect that was what hotatlboy was referring to.

 

[TickTockMan]

Walker's ruling was on sweeping terms. I believe a ruling at the appeals court would impact the other states.

I hope so. It would be nice to have Oregon back.

 

[hotatlboi]

I don't remember anything about the Gay Olympics in this opinion. On the other hand, Kennedy wrote the majority opinions in Lawrence and Romer. I suspect that was what hotatlboy was referring to.

Obviously it was.

 

[Lumière]

Walker is entertaining a two day grace period for counselors to submit written arguments regarding a stay.

Pardon my ignorance, but what exactly could that mean for the turnout of the ruling?

 

[hotatlboi]

Pardon my ignorance, but what exactly could that mean for the turnout of the ruling?

The ruling will likely be stayed pending appeal.

 

[Lumière]

The ruling will likely be stayed pending appeal.

What kind of an argument could the defense offer to change Walker's mind? He already made a decision on the available evidence and went as far as to state that Prop 8 has no rational basis.

 

[hotatlboi]

What kind of an argument could the defense offer to change Walker's mind? He already made a decision on the available evidence and went as far as to state that Prop 8 has no rational basis.

Courts will routinely stay controversial rulings if they could be overturned on appeal.

It's likely the 9th Circuit or even the Supreme Court would issue a stay if Walker didn't, so he probably will.

 

[BostonPirate]

It's a good day.

My brothers and sisters in california are one step closer to enjoying the full right to marriage that we have in Massachusetts.

Focus on what we have achieved today.

A judge said that we are just as good as parenting and are just as moral and equal as straight people who choose to marry!

 

[hotatlboi]

^ Everyone has an opinion. There is no conclusive evidence on which way Kennedy will rule on this.