Verdict on Proposition 8

[palemale]

Walker's failure to address Baker v. Nelson is problematic. In that case, the SCOTUS held that the Minnesota Supreme Court's decision that the state statute permitting issuance of a marriage license to same sex couples was valid did not raise a substantial federal questions. Even thought the SCOTUS decision was a single sentence, it is binding on lower courts. Thus, Walker was bound by Baker unless the Supreme Court changes the precedent or unless "doctrinal developments indicate otherwise." Hicks v. Miranda, 422 U.S. 332, 344, (1975).

Walker should have found that subsequent SCOTUS decisions subsequent to Baker cast doubt on its precedential value. One important case he could have relied on for that proposition was Romer v. Evans, 517 U.S. 620, which struck down a Colorado statute invalidating local laws protecting gays and lesbians from discrimination. He cited it in his case to support its central holding. Other courts have rejected that argument, but none were binding decisions on Walker. The 9th Circuit will have to address this question.

 

[fasteddy]

Here's a statement from some of those gay republicans who helped spearhead the lawsuit along with the one to over turn DADT.....................

http://online.logcabin.org/news_views/reading-room-back-up/log-cabin-republicans-28.html

 

[fasteddy]

Not only derided but disowned.

Conservatives feel betrayed.

Not libertarians. I not only want the government out of my bedroom, I want it out of my living room, bathroom, refrigerator, tv, computer, boat, but most importantly, out of my pocket!

 

[hotatlboi]

Not libertarians. I not only want the government out of my bedroom, I want it out of my living room, bathroom, refrigerator, tv, computer, boat, but most importantly, out of my pocket!

Unless you are super rich you are paying less taxes now than when Obama was elected.

 

[BostonPirate]

Unless you are super rich you are paying less taxes now than when Obama was elected.

fast eddy doesn't really like the truth.

 

[Joshua_me]

I want the government out of my refrigerator

Mmm Hmm.....

 

[BostonPirate]

only a gay idiot or a crafty striaght would post on THIS forum that this ruling was anything but good.

 

[laikaNYC]

In light of the ruling, Obama is still opposed to same-sex marriage

Axelrod defends Obama's opposition to gay marriage

 

[bankside]

Half-truths my dear, half-truths.

Obama is against Proposition 8, and therefore in favor of the ruling.

From your very own link:

To be fair he's tap-dancing pretty fast on this issue.

Mind you it worked in Canada.

 

[hotatlboi]

I have to admit, Obama looks downright silly on this issue now.

He says he is opposed to same sex marriage but supports other rights, yet he is opposed to prop 8, the only purpose of which was to block same sex marriage (keeping other rights).

 

[Coventry]

Black martini please.

 

[laikaNYC]

Half-truths my dear, half-truths.

Obama is against Proposition 8, and therefore in favor of the ruling.

From your very own link:

So was David Axelrod lying? Which is it? I agree with Bankside that he's really been tapdancing around the issue.

"I've stated my opposition to this. I think it's unnecessary," Obama told MTV. "I believe marriage is between a man and a woman. I am not in favor of gay marriage. But when you start playing around with constitutions, just to prohibit somebody who cares about another person, it just seems to me that's not what America's about."

http://blogs.abcnews.com/politicalradar/2008/11/obama-on-mtv-i.html

So he's against gay marriage and also against the idea of banning it. Can you really have it both ways? He would just prefer the issue remain...I don't know. How can you be for equality but then oppose this? I know many gay liberals who have become disenchanted with Obama because of this.

 

[palemale]

So was David Axelrod lying? Which is it? I agree with Bankside that he's really been tapdancing around the issue.



http://blogs.abcnews.com/politicalradar/2008/11/obama-on-mtv-i.html

So he's against gay marriage AND against the idea of banning it. He would prefer the issue remain...I don't know. How can you be for equality but then oppose this?

What was John McCain's and Sarah Palin's view of gay marriage? For that matter, can you name a single Republican in Congress, Senate or House of Representatives, who has taken an acceptable position on gay marriage (forget about a good position)?

 

[laikaNYC]

What was John McCain's and Sarah Palin's view of gay marriage? For that matter, can you name a single Republican in Congress, Senate or House of Representatives, who has taken an acceptable position on gay marriage (forget about a good position)?

We're talking about Obama's position on the matter. What do John McCain and Sarah Palin have to do with this? Would you care to defend Obama's flip-flopping on this issue?

McCain opposed the constitutional amendment to ban gay marriage, just like Obama did. He supports civil unions, just like Obama does.

 

[palemale]

We're talking about Obama's position on the matter. What do John McCain and Sarah Palin have to do with this? Would you care to defend Obama's flip-flopping on this issue?

OMG, he's being political. What a shock. My point is that I would rather have a President who might wiggle a little, but has been the best president on LGBT issues we have ever had, then the right wing troglodytes you vote for who are awful on LGBT issues.

 

[laikaNYC]

OMG, he's being political. What a shock. My point is that I would rather have a President who might wiggle a little, but has been the best president on LGBT issues we have ever had, then the right wing troglodytes you vote for who are awful on LGBT issues.

Actually when it comes to LGBT rights, the people I've voted for and supported are pretty much in line with Obama on those issues.

 

[construct]

Here's a statement from some of those gay republicans who helped spearhead the lawsuit along with the one to over turn DADT.....................

http://online.logcabin.org/news_views/reading-room-back-up/log-cabin-republicans-28.html

fast eddy doesn't really like the truth.

And here you have the evidence, folks.

The Log Cabin Republicans did NOT--I repeat DID NOT--spearhead this case.

Perry is a wildcat case that was dreaded by the organizations that have led the way on these marriage cases. There was some consternation about this case even being filed.

There were amicus briefs filed by the ACLU, Lambda Legal, and the NCLR. Did Log Cabin file an amicus?

 

[BostonPirate]

[ame]http://www.youtube.com/watch?v=1IHdaJOZe7E[/ame]

 

[Kulindahr]

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.

INTERESTING!

So he's against gay marriage and also against the idea of banning it. Can you really have it both ways? He would just prefer the issue remain...I don't know. How can you be for equality but then oppose this? I know many gay liberals who have become disenchanted with Obama because of this.

Here:

why is government in the marriage business to begin with, that is a bigger question than who should marry who.

 

[rareboy]

To be fair he's tap-dancing pretty fast on this issue.

Mind you it worked in Canada.

Didn't it just.

By everyone, except the right wing fundie Reformers, playing all sides on the issue, it ended up being a good thing. The conservative base believed all the pols who went with the 'my own opinion is that marriage is between a man and a woman' schtick, while shrugging their shoulders and saying 'But it is discriminatory and what can ya do?' so that the liberals and/or homos would believe they were reasonable people who could put personal bias aside.

Fortunately the Supreme court here made it easier for everyone. Hopefully they do it in the US as well.

Just so that you understand, if SCOTUS fucks this up, there is every possibility that the blowback will be felt around the world and that if conservatives get control of governments in countries that allow gay marriage, they will be emboldened to work for repeal of rights.

I've already heard mumblings up here among the igloos of parliament that some of the western and 'christian' members are keeping their fingers crossed for Prop 8 being upheld by SCOTUS so that they can get our clocks turned back.

So your fight is everyone's fight.