Home | Community | Message Board

Avalon Magic Plants
This site includes paid links. Please support our sponsors.


Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Shop: Unfolding Nature Unfolding Nature: Being in the Implicate Order   North Spore Bulk Substrate   PhytoExtractum Buy Bali Kratom Powder   Kraken Kratom Red Vein Kratom

Jump to first unread post Pages: 1 | 2 | Next >  [ show all ]
InvisibleFerris
PsychedelicJourneyman
Male

Folding@home Statistics
Registered: 03/12/06
Posts: 11,529
California High Court to Decide Gay Marriage Case - EDIT: Ban Ruled Unconstitutional
    #8404415 - 05/15/08 08:26 AM (15 years, 10 months ago)

Source

Quote:

The California Supreme Court is set to decide today whether the state ban on gay marriage is legal. Here's an idea of what to expect.

The California Supreme Court is expected to decide whether to uphold the state's ban on same-sex marriage or strike it down on Thursday,

If the court strikes down the ban: California, the nation's most populous state, will become only the second to make gay marriage legal. Massachusetts was the first, in 2003. The court would probably order the state to grant marriage licenses to same-sex couples.

If the court upholds the ban: California law will continue to provide that "only marriage between a man and a woman is valid or recognized in California."

A third option: The court could strike down the law but order the legislature or voters to start over. The effect would probably be to allow gay marriages, but the court might avoid accusations of judicial activism.

But keep in mind: An initiative that would amend the California Constitution to prohibit gay marriage will probably appear on the November ballot. If it passes by a majority vote, the initiative will trump a Supreme Court decision in favor of gay marriage and take the issue out of the hands of the courts and the legislature. The secretary of state is now validating signatures for a petition to put the initiative on the ballot.

What must the court decide?

Whether the marriage ban violates the rights of gays and lesbians to be treated equally under the law, despite their gender or sexual orientation; to associate with the people they truly love; and to get married.

San Francisco argues that the marriage ban violates all those rights. As the lead plaintiff in the suit, the city, represented by the city Attorney's Office, compares the ban to the one on interracial marriage, which the state Supreme Court struck down in 1946, the first in the nation to do so.

San Francisco also argues that California's 2007 Domestic Partnership Law, which grants gay and lesbian couples all the rights and legal protections of married couples, isn't enough, because "words matter": the inability to get married is a stigma that makes gays and lesbians second-class citizens.

The State of California says the ban violates none of these rights.

Therese M. Stewart, who is representing the San Francisco City Attorney's office, gestures during her presentation to the California Supreme Court in San Francisco, Tuesday, March 4, 2008. Gay marriage supporters and opponents are finished presenting arguments on whether California should join Massachusetts in legalizing same-sex marriages. The California Supreme Court heard more than 3½ hours of arguments Tuesday in six separate cases being heard jointly. The seven justices asked whether California already protects the civil rights of gay and lesbian couples through domestic partnerships.

According to the Attorney General's Office, the Supreme Court lacks the power to overrule the will of voters, who passed Proposition 22 in 2000 to make clear that only men and women can marry each other.

In any event, gays and lesbians can still get married (though only to people of the opposite sex), the attorney general says, and the Domestic Partnership Law gives them the same rights and privileges as everyone else.

In 2004, San Francisco Mayor Gavin Newsom began to grant gay and lesbian couples marriage licenses. Six months later, the state Supreme Court ruled that the mayor did not have the power to do so in the face of state law.

San Francisco sued to overturn the law, and in 2005 a San Francisco judge ruled that the law violated the state constitution. In 2006, a state court of appeals reversed, ruling 2-1 that only the voters or the legislature, not the courts, had the power to define marriage.

The Supreme Court agreed to review the case in 2007, consolidating the San Francisco suit with several others filed by gay and lesbian couples and organizations opposing or supporting the ban on gay marriage.

What do other states and countries say?

Since Massachusetts made gay marriage legal in 2003, voters in 28 states have considered measures that would explicitly prohibit the practice, and 27 such measures have passed. The measures seem redundant, because no state other than Massachusetts currently allows gay marriage.

In 1996, the federal government enacted the Defense of Marriage Act, which says same-sex relationships are not accorded any federal rights.

Gays and lesbians may marry in five nations: the Netherlands, Belgium, Canada, South Africa and Spain. Israel's High Court of Justice has ruled that same-sex marriages from elsewhere must be legally recognized


.


--------------------

Discuss Politics

Edited by Ferris (05/15/08 11:26 AM)

Extras: Filter Print Post Top
InvisibleFerris
PsychedelicJourneyman
Male

Folding@home Statistics
Registered: 03/12/06
Posts: 11,529
Re: California High Court to Decide Gay Marriage Case [Re: Ferris]
    #8404427 - 05/15/08 08:30 AM (15 years, 10 months ago)

I'm not exactly a proponent of gay marriage, but I'm sure as hell a anti-opponent of it. I hope the court strikes down the ban. It'll make me glad to live in a state that's not nearly as inane as the country it's a part of.


--------------------

Discuss Politics

Extras: Filter Print Post Top
OfflineBrugman
antisobrietarian
Male


Registered: 05/16/01
Posts: 15,887
Loc: the land up over Flag
Last seen: 10 years, 10 months
Re: California High Court to Decide Gay Marriage Case [Re: Ferris]
    #8404435 - 05/15/08 08:34 AM (15 years, 10 months ago)

Quote:

Ferris said:
In any event, gays and lesbians can still get married (though only to people of the opposite sex)




LOL!

Extras: Filter Print Post Top
OfflineBrugman
antisobrietarian
Male


Registered: 05/16/01
Posts: 15,887
Loc: the land up over Flag
Last seen: 10 years, 10 months
Re: California High Court to Decide Gay Marriage Case [Re: Ferris]
    #8404436 - 05/15/08 08:35 AM (15 years, 10 months ago)

I think the big question is, "why not"?

Extras: Filter Print Post Top
InvisibleFerris
PsychedelicJourneyman
Male

Folding@home Statistics
Registered: 03/12/06
Posts: 11,529
Re: California High Court to Decide Gay Marriage Case [Re: Brugman]
    #8404449 - 05/15/08 08:40 AM (15 years, 10 months ago)

Quote:

Brugman said:
I think the big question is, "why not"?




Exactly, the only reason I even care about this is because I hate the people who like to tell other people what to do (religious zealots).


--------------------

Discuss Politics

Extras: Filter Print Post Top
OfflineBrugman
antisobrietarian
Male


Registered: 05/16/01
Posts: 15,887
Loc: the land up over Flag
Last seen: 10 years, 10 months
Re: California High Court to Decide Gay Marriage Case [Re: Ferris]
    #8404457 - 05/15/08 08:43 AM (15 years, 10 months ago)

I care about it for other reasons, but that's a good one. Damn 40+ right wing christian arses.

Extras: Filter Print Post Top
Invisiblekintos
Stranger
Male

Folding@home Statistics
Registered: 06/01/06
Posts: 2,015
Re: California High Court to Decide Gay Marriage Case [Re: Ferris]
    #8404464 - 05/15/08 08:45 AM (15 years, 10 months ago)

The other day in class we were debating this and some right wing asshole kept on making the point that essentially said

too bad, marriage is between a man and a woman, for two people of the same sex to get married would be illegal and all laws discriminate, get over it,
if gay people can get married whats to stop two backbacks from getting married or, a man and a horse?
but he forgot the people, lawmakers and, judges are able to apply some common fucking sense in regards to those matters.


--------------------

Extras: Filter Print Post Top
InvisibleFerris
PsychedelicJourneyman
Male

Folding@home Statistics
Registered: 03/12/06
Posts: 11,529
Re: California High Court to Decide Gay Marriage Case [Re: Brugman]
    #8404470 - 05/15/08 08:46 AM (15 years, 10 months ago)

Ok, I guess I do support it for the right reasons too, I'm just transferring my angst from being stalked by a gay guy onto this issue, but I'm not going there.


--------------------

Discuss Politics

Extras: Filter Print Post Top
InvisibleFerris
PsychedelicJourneyman
Male

Folding@home Statistics
Registered: 03/12/06
Posts: 11,529
Re: California High Court to Decide Gay Marriage Case [Re: kintos]
    #8404477 - 05/15/08 08:47 AM (15 years, 10 months ago)

Quote:

zenthor said:
too bad, marriage is between a man and a woman, for two people of the same sex to get married would be illegal and all laws discriminate, get over it,
if gay people can get married whats to stop two backbacks from getting married or, a man and a horse?





The slippery slope argument?  That's an old one.  And come on, if laws couldn't be changed, we'd still be burning witches and wouldn't need courts at all :rolleyes:


--------------------

Discuss Politics

Extras: Filter Print Post Top
Invisiblejohnm214
Male User Gallery

Folding@home Statistics
Registered: 05/31/07
Posts: 17,582
Loc: Americas
Re: California High Court to Decide Gay Marriage Case [Re: Ferris]
    #8404494 - 05/15/08 08:55 AM (15 years, 10 months ago)

Quote:

Ferris said:
Quote:

zenthor said:
too bad, marriage is between a man and a woman, for two people of the same sex to get married would be illegal and all laws discriminate, get over it,
if gay people can get married whats to stop two backbacks from getting married or, a man and a horse?





The slippery slope argument?  That's an old one.  And come on, if laws couldn't be changed, we'd still be burning witches and wouldn't need courts at all :rolleyes:




See, the problem w/ these dumb arguments is that the fourteenth amendment and all the rights of citezenry attach to people.

There is no right whatsoever for a nonhuman.  Horses have 0 rights.  No court in this country has ever held, to my knowledge, and the constitution surely doesn't cover it.

On the other hand, all people are to have the same enjoyment of laws which may not discriminate on impermissable basises.  Gay marriage bans are clearly a sexual discrimination issue, and certianly don't implicate pedophilia, incest, or any of the other bullshit reasons people bring up.

Extras: Filter Print Post Top
InvisibleFerris
PsychedelicJourneyman
Male

Folding@home Statistics
Registered: 03/12/06
Posts: 11,529
Re: California High Court to Decide Gay Marriage Case [Re: johnm214]
    #8404573 - 05/15/08 09:21 AM (15 years, 10 months ago)

The decision is due at 10am, so I'll bump this thread (again) then.


--------------------

Discuss Politics

Extras: Filter Print Post Top
InvisibleFerris
PsychedelicJourneyman
Male

Folding@home Statistics
Registered: 03/12/06
Posts: 11,529
Re: California High Court to Decide Gay Marriage Case [Re: Ferris]
    #8404888 - 05/15/08 11:01 AM (15 years, 10 months ago)

Ok, here's the link to the .pdf ruling, I'm just about to read it myself:

http://www.courtinfo.ca.gov/opinions/documents/S147999.PDF


--------------------

Discuss Politics

Extras: Filter Print Post Top
Invisiblenalyudi
he runs about
Male User Gallery

Folding@home Statistics
Registered: 03/03/08
Posts: 2,256
Loc: Oak Savanna Region
Re: California High Court to Decide Gay Marriage Case [Re: Ferris]
    #8404895 - 05/15/08 11:07 AM (15 years, 10 months ago)

posting a down and dirty would be highly appreciated!!! there is now way i can read all that dryness.

Extras: Filter Print Post Top
InvisibleFerris
PsychedelicJourneyman
Male

Folding@home Statistics
Registered: 03/12/06
Posts: 11,529
Re: California High Court to Decide Gay Marriage Case [Re: nalyudi]
    #8404898 - 05/15/08 11:08 AM (15 years, 10 months ago)

After several pages of legalese:

"We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples."

!


--------------------

Discuss Politics

Extras: Filter Print Post Top
InvisibleFerris
PsychedelicJourneyman
Male

Folding@home Statistics
Registered: 03/12/06
Posts: 11,529
Re: California High Court to Decide Gay Marriage Case [Re: Ferris]
    #8404908 - 05/15/08 11:11 AM (15 years, 10 months ago)

Hold that though... they're still going and I sense a "but" may be coming... damn judges.

EDIT: nope:

"We therefore conclude that although the provisions of the current domestic partnership legislation afford same-sex couples most of the substantive elements embodied in the constitutional right to marry, the current California statutes nonetheless must be viewed as potentially impinging upon a same-sex couple’s constitutional right to marry under the California Constitution."


--------------------

Discuss Politics

Extras: Filter Print Post Top
OfflineBaby_Hitler
Errorist
 User Gallery


Folding@home Statistics
Registered: 03/06/02
Posts: 27,625
Loc: To the limit! Flag
Last seen: 8 hours, 39 minutes
Re: California High Court to Decide Gay Marriage Case [Re: kintos]
    #8404924 - 05/15/08 11:18 AM (15 years, 10 months ago)

Government marriage is a legal contract, just like a business contract. Any number of people of any gender should be able to enter into a legal agreement that is legally equivalent to a heterosexual marriage agreement.

Personally, I think a better solution is to get government out of the marriage business entirely.


--------------------
"America: Fuck yeah!" -- Alexthegreat

“Nothing can now be believed which is seen in a newspaper. Truth itself becomes suspicious by being put into that polluted vehicle. The real extent of this state of misinformation is known only to those who are in situations to confront facts within their knowledge with the lies of the day.”  -- Thomas Jefferson

The greatest sin of mankind is ignorance.

The press takes [Trump] literally, but not seriously; his supporters take him seriously, but not literally. --Salena Zeto (9/23/16)

Extras: Filter Print Post Top
InvisibleFerris
PsychedelicJourneyman
Male

Folding@home Statistics
Registered: 03/12/06
Posts: 11,529
Re: California High Court to Decide Gay Marriage Case [Re: Ferris]
    #8404930 - 05/15/08 11:18 AM (15 years, 10 months ago)

And in unconfusable words:

"Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional."

I'd suggest staying away from San Francisco this weekend, even to see Phil Lesh and Friends play at the Warhal :tongue:


--------------------

Discuss Politics

Extras: Filter Print Post Top
Offlinegluke bastid
Stinky Bum
Male User Gallery


Registered: 12/20/00
Posts: 3,322
Loc: Charm City
Last seen: 5 years, 5 months
Re: California High Court to Decide Gay Marriage Case [Re: Ferris]
    #8404939 - 05/15/08 11:22 AM (15 years, 10 months ago)

Really?! :thumbup::congrats::gayflag:

2 down, 48 to go!!


--------------------
:hst:
Society in every form is a blessing,
but government at its best is but a necessary evil
 
- Thomas Paine

Extras: Filter Print Post Top
OfflineReposadoXochipilli
Here, there, inbetween
Male User Gallery


Registered: 08/30/05
Posts: 7,501
Loc: Sand and sunshine
Last seen: 1 month, 7 days
Re: California High Court to Decide Gay Marriage Case [Re: gluke bastid]
    #8404959 - 05/15/08 11:28 AM (15 years, 10 months ago)

Glad to hear it as well.:royalrainbow:


--------------------

Extras: Filter Print Post Top
Invisiblenalyudi
he runs about
Male User Gallery

Folding@home Statistics
Registered: 03/03/08
Posts: 2,256
Loc: Oak Savanna Region
Re: California High Court to Decide Gay Marriage Case [Re: Ferris]
    #8405008 - 05/15/08 11:50 AM (15 years, 10 months ago)

congrats to all those fighting for it. thanks for the breakdown ferris!

Extras: Filter Print Post Top
Jump to top Pages: 1 | 2 | Next >  [ show all ]

Shop: Unfolding Nature Unfolding Nature: Being in the Implicate Order   North Spore Bulk Substrate   PhytoExtractum Buy Bali Kratom Powder   Kraken Kratom Red Vein Kratom


Similar ThreadsPosterViewsRepliesLast post
* California is dead last in quality of life in the US.
( 1 2 3 4 5 6 all )
Patlal 5,745 103 03/05/18 02:14 AM
by kent101
* California is so fucked djfrog 2,449 16 10/29/03 11:26 PM
by AliceDee
* california is about to sucede from the nation,``~~ ZippoZM 1,547 12 12/23/03 10:14 PM
by wookie
* I have decided...
( 1 2 all )
Anonymous 2,156 20 10/19/03 03:54 PM
by BluMonkee
* Trying to decide about piercings. Larrythescaryrex 1,086 16 06/19/03 12:51 PM
by ruskifile
* Decided to go for the hammer Hefe 1,085 14 11/22/03 04:20 PM
by YouEnjoyMyself
* I have decided to post again Meraok 963 8 01/22/03 08:45 PM
by Papaver
* Manson Family
( 1 2 all )
EthanEdwards 5,187 26 08/08/03 09:42 PM
by Learyfan

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: Entire Staff
4,710 topic views. 2 members, 40 guests and 30 web crawlers are browsing this forum.
[ Show Images Only | Sort by Score | Print Topic ]
Search this thread:

Copyright 1997-2024 Mind Media. Some rights reserved.

Generated in 0.034 seconds spending 0.009 seconds on 16 queries.