Page 1 of 2 12 LastLast
Results 1 to 15 of 19
  1. #1

    • wasting time
    • Offline

    Join Date
    Jan 2005
    Posts
    1,176

    Judge Says Gay Marriage Ban Is Unconstitutional

    .
    Judge Says Calif. Can't Ban Gay Marriage
    By LISA LEFF, Associated Press Writer

    SAN FRANCISCO - A judge ruled Monday that California's ban on gay marriage is unconstitutional a legal milestone that, if upheld on appeal, would open the way for the most populous state to follow Massachusetts in allowing same-sex couples to wed.

    Judge Richard Kramer of San Francisco County's trial-level Superior Court likened the ban to laws requiring racial segregation in schools, and said there appears to be "no rational purpose" for denying marriage to gay couples.

    The ruling came in response to lawsuits filed by the city of San Francisco and a dozen gay couples a year ago after the California Supreme Court halted a four-week same-sex marriage spree started by Mayor Gavin Newsom.

    The opinion had been eagerly awaited because of San Francisco's historical role as a gay rights battleground.

    Gay marriage supporters hailed the ruling as a historic development akin to the 1948 state Supreme Court decision that made California the first state to legalize interracial marriage.

    "Today's ruling is an important step toward a more fair and just California that rejects discrimination and affirms family values for all California families," San Francisco City Attorney Dennis Herrera said.

    Conservative leaders expressed outrage at the ruling and vowed to appeal.

    "For a single judge to rule there is no conceivable purpose for preserving marriage as one man and one woman is mind-boggling," said Liberty Counsel President Mathew Staver. "This decision will be gasoline on the fire of the pro-marriage movement in California as well as the rest of the country.

    Last winter, nearly 4,000 gay couples got married after Newsom instructed the city to issue them licenses, in defiance of state law. The California Supreme Court later declared those marriages void, saying the mayor overstepped his authority. But the court did not address the underlying issue of whether the law against gay marriage violates the California Constitution.

    At issue in the current case were a 1977 law that defined marriage as "a personal relation arising out of a civil contract between a man and a woman," and a voter-approved measure in 2000 that amended the law to say more explicitly: "Only marriage between a man and a woman is valid or recognized in California."

    Gay marriage opponents were particularly upset by the judge's decision to nullify to 2000 proposition approved by 61 percent of voters.

    "The practical effect is the disregard of close to two-thirds of the people of California who used the initiative process to ensure that marriage would remain between one man and one woman," said Robert Tyler, an attorney for the Alliance Defense Fund.

    The state maintained that tradition dictates that marriage should be limited to opposite-sex couples. Attorney General Bill Lockyer also cited the state's domestic-partners law as evidence that California does not discriminate against gays.

    But Kramer rejected that argument, citing Brown v. Board of Education the landmark U.S. Supreme Court (news - web sites) decision that struck down segregated schools.

    "The idea that marriage-like rights without marriage is adequate smacks of a concept long rejected by the courts separate but equal," the judge wrote.

    It could be months or years before the state actually sanctions same-sex marriage, if ever. Kramer's decision is stayed automatically for 60 days to allow time for appeal.

    Lockyer has said in the past that he expected the matter eventually would have to be settled by the California Supreme Court.

    A jovial Newsom was flanked by several same-sex couples and their supporters at a City Hall news conference shortly after the ruling was announced. "We will not be appealing this decision," the mayor joked as the crowd broke into laughter.

    Two bills now before the California Legislature would put a constitutional amendment banning same-sex marriage on the November ballot. If California voters approve such an amendment, as those in 13 other states did last year, that would put the issue out of the control of lawmakers and the courts.

    The decision is the latest development in a national debate that has been raging since 2003, when the highest court in Massachusetts decided that denying gay couples the right to wed was unconstitutional.

    In the wake of the Massachusetts ruling, gay rights advocates filed lawsuits seeking to strike down traditional marriage laws in several other states. Opponents responded by proposing state and federal constitutional amendments banning gay marriage.

    Around the country, Kramer is the fourth trial court judge in recent months to decide that the right to marry and its benefits must be extended to same-sex couples.

    Just as many judges have gone the other way in recent months, however, refusing to accept the argument that keeping gays from marrying violates their civil rights.

    California has the highest percentage of same-sex partners in the nation, and its Legislature has gone further than any other in providing gay couples the benefits of marriage without being forced to do so by court order.

  2. #2

    • Member
    • Offline

    Join Date
    Feb 2005
    Location
    Phoenix, AZ
    Posts
    409
    "For a single judge to rule there is no conceivable purpose for preserving marriage as one man and one woman is mind-boggling," said Liberty Counsel President Mathew Staver. "This decision will be gasoline on the fire of the pro-marriage movement in California as well as the rest of the country."
    I just find it ironic that the president of the "Liberty Counsel" is fighting against *gasp* Liberty.
    "Conservatives are not necessarily stupid, but most stupid people are conservative." - John Stuart Mill
    -
    "We cannot defend freedom abroad by deserting it at home." - Edward R. Murrow
    -
    "It's far easier to fight for your principles than it is to live up to them." - Adelai Stephenson
    -
    Reason for the Season? Tilt of the planet's axis. Oh, you meant the holiday season? That's easy - Feast of Saturnalia. Disagree? That's nice.

  3. #3

    • -Going Retro-
    • Offline

    Join Date
    Jan 2005
    Posts
    1,115
    Oh Sparky where are yooou?






  4. #4

    • loves a silver lining
    • Offline

    Join Date
    Jan 2005
    Location
    Anaheim
    Posts
    15,597
    Blog Entries
    25
    Quote Originally Posted by Disguy
    Oh Sparky where are yooou?





    Ohhhh that ring is gorgeous!! Only fitting, since both are you are so damn good looking



    Delta Mu Chi Alpha ΔΜΧΑ

  5. #5

    • wasting time
    • Offline

    Join Date
    Jan 2005
    Posts
    1,176
    I wonder which 'finger' he'll wear it on

  6. #6

    • Santa Barbara, CA
    • Offline

    Join Date
    Jan 2005
    Posts
    2,624
    Marry my cat. Get him out of the house. But I'm not paying benefits for the both of you.
    "As usual he's taken over the coolest spot in the house"- Father re: Orville 1963

    [FONT=Arial Narrow]

  7. #7

    • loves a silver lining
    • Offline

    Join Date
    Jan 2005
    Location
    Anaheim
    Posts
    15,597
    Blog Entries
    25
    Quote Originally Posted by Evil Minion
    I wonder which 'finger' he'll wear it on
    You brat, you ARE evil, I just spit water all over the place



    Delta Mu Chi Alpha ΔΜΧΑ

  8. #8

    • e komo mai
    • Offline

    Join Date
    Jan 2005
    Location
    Honolulu, HI
    Posts
    4,362
    Hmm, Gavin Newsom is single now... Mayors' wives are called First Ladies, right? Right?! Yesss!

  9. #9

    • Starting a midlife crisis
    • Offline

    Join Date
    Feb 2005
    Location
    Scottsdale, AZ
    Posts
    566
    Now if I only had someone to marry! Waaaaaaaa!
    (no politicians please)
    <img src=http://bp3.blogger.com/_i-2Qprcy5-g/RpA6e_CiMvI/AAAAAAAAAOU/7OREY0I5_jU/s1600-h/DisneyPhotoImage1.JPG border=0 alt= />"To your left we have a welcome neighbor..... Our GE nuclear powerplant"
    Carousel of Progress - Progress City



    http://videblog-bearride.blogspot.com/

  10. #10

    • .
    • Offline

    Join Date
    Jan 2005
    Posts
    3,923
    Finally someone saw fit to stand up to the political pressure. I'm just proud that it's good ol' California!

  11. #11

    • Member
    • Offline

    Join Date
    Jan 2005
    Posts
    329
    .
    Last edited by Pirate Wench; 04-27-2005 at 08:32 PM.

  12. #12

    • Why do you keep talking?
    • Offline

    Join Date
    Feb 2005
    Location
    Here, but not here here
    Posts
    3,649
    This is good for now, who knows when (if?) California will ever officially give out those pieces of paper people are fighting over (Yes I realize there's more). I never really understood the point of view that the state, and in some cases federal *cough*Bush*cough* law, should up-hold religious law, maybe that's just me though. If were up to me on one would get married through the state, you want to get married go to a church.
    "Tonight I wash my hands of you
    You set the bar I could not live up to
    Tonight the light is breaking through
    So thank you very little and send me postcards from hell"
    Zebrahead

  13. #13

    • Minion
    • Offline

    Join Date
    Mar 2005
    Posts
    165
    im gay
    im getting married
    end of story

    and I dont care who tells me no LOL I really dont care, that doesnt mean I can't do it. My church doesnt believe it to be wrong so how can bush speak for the church if mine allows it. *cocks an eyebrow*
    Evil is lurking behind the matterhorn........ wait, that's just Mickey

  14. #14

    • DL Fanatic
    • Offline

    Join Date
    Jan 2005
    Location
    Sequoia National Park, CA (trying to get to Orange County)
    Posts
    703
    You know, the anti-gay groups talk about "keeping American values and traditions." I've always thought that American values were: doing well, standing up and be willing to fight for what you believe is right and when your civil liberties are being attacked, and be proud of who you are. Well, the question that comes to mind is, "How is this unAmerican for the American homosexual?" :confused:

    I usually only watch this issue from the sidelines for the simple fact that I'm not in a relationship which warrants a desire to get married. Hell I'm not in a relationship at all (but that's for another thread).

    I do know that regardless, I wouldn't want to get married until I knew it was recognized. To me, marriage is the community's public recognition of what 2 people have already privately pledged to each other.
    Best interview answer: My biggest weakness is my honesty...I can never remember my lies!

  15. #15

    • Race Car Driver
    • Offline

    Join Date
    Jan 2005
    Location
    Canada
    Posts
    964
    Quote Originally Posted by DemonicDemona
    im gay
    im getting married
    end of story

    and I dont care who tells me no LOL I really dont care, that doesnt mean I can't do it. My church doesnt believe it to be wrong so how can bush speak for the church if mine allows it. *cocks an eyebrow*
    I am scared.............


    (you look at the avatar and imagine that person say everything)
    Yes, it is fast....

    No, you can't drive IT.

    Drive it like it's stolen.














Page 1 of 2 12 LastLast

Similar Threads

  1. 2D Vs 3D. You be the judge.
    By Disney Wrassler in forum MiceChat Main Lounge
    Replies: 13
    Last Post: 10-02-2005, 03:26 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •