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Same-sex marriage ban wins; opponents sue to block measure
San Francisco Chronicle ^ | 11/5/8 | John Wildermuth, Bob Egelko, Chronicle Staff Writers

Posted on 11/05/2008 1:46:32 PM PST by SmithL

SAN FRANCISCO -- After a heated, divisive campaign fueled by a record $73 million of spending, California voters have approved Proposition 8, which would change the state Constitution to ban same-sex marriage. Opponents promptly filed suit to try to block the measure from taking effect.

With 96 percent of the vote counted, Prop. 8 was winning by a decisive 400,000-vote margin, 52.2 percent to 47.8 percent. It piled up huge margins in the Central Valley and carried some Democratic strongholds such as Los Angeles County. The measure lost in every Bay Area county but Solano.

As the vote counting continued this morning, opponents of Prop. 8 filed a lawsuit directly with the state Supreme Court - whose May 15 ruling legalized same-sex marriage - asking the justices to overturn the measure.

The suit argued that Prop. 8 would change the California Constitution in such fundamental ways - taking important rights away from a minority group - that it amounted to a constitutional revision, which requires approval by the Legislature before being submitted to the voters. The case was filed by the American Civil Liberties Union, Lamda Legal and the National Center for Lesbian Rights.

The same groups asked the court before the election to remove Prop. 8 from the ballot on those grounds. The justices refused, but left the door open for a post-election challenge.

"A major purpose of the Constitution is to protect minorities from majorities," said Elizabeth Gill, an ACLU lawyer. "Because changing that principle is a fundamental change to the organizing principles of the Constitution itself, only the Legislature can initiative such revisions."

The suit was filed on behalf of six unmarried same-sex couples and the gay rights group Equality California.

Passage of Prop. 8 leaves more than just the future of same-sex marriage up in the air. Questions have...been raised about whether...

(Excerpt) Read more at sfgate.com ...


TOPICS: Front Page News; Government; Politics/Elections; US: California
KEYWORDS: activistjudge; anytwosomenewsom; casupremecourt; homosexualagenda; playinghouse; prop8; sanfranciscovalues; sodomandgomorrah
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Whether you like it or not:

Mayor Gavin Newsom speaks at the "No on 8" party at the Westin St. Francis on Tuesday.

1 posted on 11/05/2008 1:46:33 PM PST by SmithL
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To: SmithL

The vote will be overturned by the 0bama Supreme Ministry of Justice.


2 posted on 11/05/2008 1:48:57 PM PST by Carl LaFong (Building Code Under Fire)
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To: SmithL

And he’s planning to run for Guv. Remember that smirk!


3 posted on 11/05/2008 1:49:12 PM PST by Scothia ( When something important is going on, silence is a lie.)
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To: SmithL
Everytime the voters in CA pass a prop - the ACLU takes it to court the next day and it ends up being overturned.

RightWingIt.com

4 posted on 11/05/2008 1:52:08 PM PST by GaryLee1990 (www.RightWingIt.com)
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To: SmithL

California has won a reprieve—for now.


5 posted on 11/05/2008 1:53:11 PM PST by pray4liberty (VOTE FOR LIFE!)
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To: SmithL

The liberals are gonna get to the right to gay marriage, even if they have to trample the Constitution and the American people along the way. Why go through all that inconvenient “voting” nonsense or listen to that nonsense about the “legislature making the laws” when they can just go through the courts and leave it up to someone who was never elected and can make any decision he wants? They obviously know what’s best for us. Who needs democracy anyway?


6 posted on 11/05/2008 1:53:26 PM PST by NavySon (The White House next year: You will never find a more wretched hive of scum and villainy)
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To: SmithL

I could see this lawsuit coming. Why vote on such proposals if they are going to be blocked by some liberal judge?


7 posted on 11/05/2008 1:54:32 PM PST by chippewaman
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To: GaryLee1990

...this really isn’t about marriage....it’s about homos thinking they can make us approve of them.


8 posted on 11/05/2008 1:54:46 PM PST by STONEWALLS
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To: SmithL
The NO side has no respect for the democratic process or for the will of the majority of Californians who have spoken on the issue and affirmed marriage means a union of a man and a woman.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

9 posted on 11/05/2008 1:56:40 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: SmithL
The measure takes effect immediately. I don't see how the California Supreme Court can invalidate a constitutional amendment. Similar amendments have been adopted in 29 other states.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

10 posted on 11/05/2008 1:58:45 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: SmithL

Just let the poxy vermin try.


11 posted on 11/05/2008 1:58:51 PM PST by farmer18th (George Will: Conservative, as long as the Newsweek People Don't make Fun of Me.)
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To: SmithL
taking important rights away from a minority group

Logic-chopping rubbish. Homosexuals have exactly the same marriage rights as anybody else. Any male homosexual can marry any female homosexual. What they want is SPECIAL RIGHTS for their minority, and only their minority.

But in fact "gay marriage" is all about destroying civilization, nothing less.

12 posted on 11/05/2008 1:59:44 PM PST by Argus (Obama: All turban and no goats.)
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To: SmithL
What's fascinating about this is the Queerly Beloved, as one of their arguments, said if Prop. 8 passed there would soon be a follow-up to ban interracial marriage.

.....and California blacks voted 70 percent FOR it.

13 posted on 11/05/2008 2:00:44 PM PST by Lizavetta
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To: Argus
But in fact "gay marriage" is all about destroying civilization, nothing less.

Right square on the head. Everything the left does has the result and the intent of destroying the traditional family.

14 posted on 11/05/2008 2:02:08 PM PST by MrB (The 0bamanation: Marxism, Infanticide, Appeasement, Depression, and Thuggery)
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To: SmithL
It piled up huge margins in the Central Valley

Yay Fresno!

15 posted on 11/05/2008 2:04:52 PM PST by TenthAmendmentChampion (Don't blame me, I voted for John McCain and Sarah Palin.)
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To: SmithL

It just looks like the only way to shut the ACLU and its fellow travelers up is to add a Marriage Amendment to the U.S. Constitution. That Proposition 8 passed fair and square through the democratic process means nothing to them.


16 posted on 11/05/2008 2:05:50 PM PST by rrstar96 (Strength and Honor!)
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To: STONEWALLS

It’s not about marriage... it’s about teaching homosexuality in schools and it’s also about ADOPTION.


17 posted on 11/05/2008 2:06:02 PM PST by TenthAmendmentChampion (Don't blame me, I voted for John McCain and Sarah Palin.)
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To: lsucat; TeĆ³filo; NYer; Salvation; Nihil Obstat; mileschristi; bornacatholic; Mrs. Don-o; narses; ..

Faith of Our Fathers ping


18 posted on 11/05/2008 2:07:04 PM PST by rrstar96 (Strength and Honor!)
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To: Lizavetta
Yep. Black people rejected the invidious and offensive comparison. Two gays can get married - as long they are of the opposite sex, like any one else. There is no discrimination here.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

19 posted on 11/05/2008 2:07:16 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: SmithL

As usual they will stall and wait for a sympathetic Court. Or, as with “English Only”...refuse to abide.


20 posted on 11/05/2008 2:08:06 PM PST by Deb (Beat him, strip him and bring him to my tent!)
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