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BREAKING: California Supreme Court Uphold Same-Sex Marriage Ban
LifeSiteNews.com -- Your Life, Family and Culture Outpost ^ | Tuesday, May 26, 2009 | By Peter J. Smith

Posted on 05/26/2009 12:23:10 PM PDT by topher

Tuesday May 26, 2009


BREAKING: California Supreme Court Uphold Same-Sex Marriage Ban

18,000 same-sex "marriages" obtained under Supreme Court ruling allowed to stand

By Peter J. Smith



SAN FRANCISCO, California (LifeSiteNews.com) - The California Supreme Court has struck down a constitutional challenge to Proposition 8, the voter-approved constitutional amendment to the state constitution that upholds marriage as the union between a man and a woman. However the ruling does not apply to the 18,000 homosexuals who received marriage licenses from the state of California before November 5, 2008.



The justices voted 6-1 to uphold the amendment, which effectively bans same-sex "marriage," reversing a course that began last year in May, when the justices had voted to invalidate a California voter referendum passed in 2000 by a wide 61% to 38% majority, defining marriage as the union of a man and a woman.



In their decision, the justices argued that the issue at hand in Proposition 8 was "the scope of the right of the people, under the provisions of the California Constitution, to change or alter the state Constitution itself through the initiative process."

The high court rejected the challenges to Proposition 8 which argued that it did not constitute an "amendment," but a "revision" to the state constitution, which would require the involvement of the state legislature.



The justices also rejected Attorney General Jerry Brown's theory that Proposition 8 was unconstitutional on the basis that it violated inalienable rights such as "fundamental liberty" or a "right to privacy" without compelling interest.




However, Justice Werdegar, in her concurring opinion, said that although Proposition 8 did not bring about "such a broad change in the principle of equal protection," she insisted that all branches of the state government "continue to have the duty … to eliminate the remaining important differences between marriage and domestic partnership, both in substance and perception."



In the meantime, the decision lets stand all marriage licenses given to same-sex couples between June 16 and November 4, 2008 under the authority of the May 2008 Supreme Court decision. That part of the decision has been criticized by defenders of Proposition 8, who point out that applying constitutional amendments only prospectively and not retroactively is not the norm nor supported by well-established legal principles, as the high court insists.



"This part of the ruling makes little sense, because a constitutional amendment like this one means that going forward, that which happened in the past is no longer recognized," said Mat Staver, the founder of Liberty Counsel, which helped represent the Campaign for California Families in defending Proposition 8. "When the Thirteenth Amendment to the United States Constitution was ratified, slavery was abolished. Slave holders could not claim grandfather rights to own another person."




"If the licenses that were issued in this limited time frame remain valid, then what about licenses outside the state that were issued in this same period? If a person with such a license moves to California, can their license also be recognized? Of course, the answer to both questions should be 'No!'"

URL: http://www.lifesitenews.com/ldn/2009/may/09052605.html


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TOPICS: Front Page News; Government; News/Current Events; US: California
KEYWORDS: caglbt; california; gaystapo; homobama; homosexualagenda; marriage; perverts; prop8; ruling; samesex; samesexmarriage; scoc
As Gomer Pyle would say:

Surprise! Surpise! Surprise!

1 posted on 05/26/2009 12:23:11 PM PDT by topher
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Dear FRiends,

In light of what is transpiring in our nation’s capitol, more than ever, we need to ensure that places like Free Republic and other like-minded places continue to speak the plain truth. Newspapers are dying and the current administration will either bail them out or allow them to fail. If they are bailed out, they will be even more beholding to the coming socialist agenda. If they are allowed to fail, the powers that be will force the remaining electronic media to fill the void. Local coverage only. No national syndicated news/talk. The “Fairness Doctrine”, like it or not.

After that, the internet. Free Republic. And others.

We need to get this FReepathon over and right now. We need to show that we are serious and will continue forward and thrive, not just survive.

If you can spare a couple of bucks, that would be great...If not, God bless you and please stop by the FReepathon thread and give it a bump.

We’re all in this together.

2 posted on 05/26/2009 12:26:25 PM PDT by ButThreeLeftsDo (FR. ....Monthly Donors Wanted.)
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To: topher

Now does that mean those marriages are totally invalidated (because the law for that period of time said that same-sex marriages were legal) or will California just not perform any more same sex marriages?


3 posted on 05/26/2009 12:27:05 PM PDT by brooklyn dave (First Atlas Shrugged, now he's screaming his a$$ off.)
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To: topher

Wow!


4 posted on 05/26/2009 12:28:13 PM PDT by bdeaner (The bread which we break, is it not a participation in the body of Christ? (1 Cor. 10:16))
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To: topher

I’m surprised. Although they made it clear that it could be struck down through another “initiative”.


5 posted on 05/26/2009 12:28:29 PM PDT by FLDemocracker (Those who beat their guns into plows, will plow for those who don't.)
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The official breaking news thread about the Prop 8 ruling...
California Proposition 8 ruling: PROP 8 UPHELD (faux marriages to remain)
6 posted on 05/26/2009 12:32:00 PM PDT by CounterCounterCulture (RECALL Abel Maldonado; DEPORT Arnold Schwarzenegger)
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To: brooklyn dave
From the article:

In the meantime, the decision lets stand all marriage licenses given to same-sex couples between June 16 and November 4, 2008 under the authority of the May 2008 Supreme Court decision.

Some gay domestic couples are allowed be considered as "married"...

This article has probably the most information...

7 posted on 05/26/2009 12:33:08 PM PDT by topher (Let us return to old-fashioned morality - morality that has stood the test of time...)
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To: CounterCounterCulture

Doesn’t have much info... Have to dig into the replies on the thread to get any information...


8 posted on 05/26/2009 12:34:00 PM PDT by topher (Let us return to old-fashioned morality - morality that has stood the test of time...)
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To: topher
They're actually letting the will of the people stand???

What's going on here?

(Excellent news.)

9 posted on 05/26/2009 12:34:30 PM PDT by Allegra ( Never argue with an idiot. They bring you down to their level and beat you with experience.)
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To: FLDemocracker
".....it could be struck down through another “initiative”.

Not likely anytime soon...

It will be even less likely if the perverts riot upon hearing the news..

10 posted on 05/26/2009 12:35:04 PM PDT by river rat (Semper Fi - You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: topher

The way the decision seems to be written sounds just...because it was ok for short period of time.


11 posted on 05/26/2009 12:35:25 PM PDT by brooklyn dave (First Atlas Shrugged, now he's screaming his a$$ off.)
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To: topher

So, perhaps it was not a perfect outcome. I’m sympathetic to it not being retroactive... That’s complex and extremely disruptive to people’s lives. That’s my opinion.

I believe that marriage IS between a man and a women. There might be other partnerships, but they are not marriage.

So I am pleased for the ruling mostly because it recognized the will of the people, and the judges did not attempt to force their “view” of the law on the people.

Had they ruled in favor of the opposition, it would be a tragic wound on the democracy.

IMO


12 posted on 05/26/2009 12:36:32 PM PDT by Miykayl
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To: FLDemocracker
".....it could be struck down through another “initiative”.

Not likely anytime soon...

It will be even less likely if the perverts riot upon hearing the news..

13 posted on 05/26/2009 12:36:45 PM PDT by river rat (Semper Fi - You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: topher

The people have spoken. Maybe there is hope for this republic.


14 posted on 05/26/2009 12:40:01 PM PDT by cartervt2k
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To: brooklyn dave
Now does that mean those marriages are totally invalidated (because the law for that period of time said that same-sex marriages were legal) or will California just not perform any more same sex marriages?

They are still valid somehow.

15 posted on 05/26/2009 12:42:57 PM PDT by Always Right (Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
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To: topher

Years ago many states had common law marriage where a couple became married by their actions holding themselves out to be married. Most all states have done away with common law marriages. The way it was done was by setting a “no more” date. Thuse after a set date, no more establishment of common law marriage.

Those that could LEGALLY show a common law marriage existed prior to the “no more” date would still be allowed to be married.

I think this is what the judges were considering. The problem is that these 18k marriages were 100% a judicial created fiction. ADDITIONALLY this constitutional amendment was SPECIFICALLY set about in order to reverse the court.

When the court was reversed, then the judicial fiction should have also been reversed.


16 posted on 05/26/2009 12:53:47 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: topher

Homosexual marriage is either legal or not. Allowing these perverse marriages to remain valid is like saying slavery is wrong, but those slaves bought prior to the ruling are still valid and enforce.

Anyone that thinks that the courts are based upon logic, commonsense, or precedence are getting a lesson on the fact that courts are little more then political trials.


17 posted on 05/26/2009 12:55:45 PM PDT by Nosterrex
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To: topher

They should have voided the “marriages”. They’re not really marriages. Only a man and a woman can be married.

Over at DU, they’re all talking about how they’re going to start burning stuff down, churches included.


18 posted on 05/26/2009 1:41:55 PM PDT by DesScorp
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To: topher

I don’t understand why the libtards keep screaming equal or civil rights. Nothing could be further from the truth. None of this is about either.

This is really about giving a small number of elistists power over you as an individual to decide how your life is run.

Do they not understand they will be governed under this same power?


19 posted on 05/26/2009 1:44:28 PM PDT by freekitty (Give me back my conservative vote.)
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To: topher

Finally! A good decision based on reality and common sense.


20 posted on 05/26/2009 1:45:54 PM PDT by windsorknot
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To: topher

So now we might see some REAL “teabaggers” demonstrating in the streets...LOL!


21 posted on 05/26/2009 1:55:50 PM PDT by Wil H (The most destructive act of Muslim terrorism against the US was paying for 0bama's Harvard education)
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To: river rat
It will be even less likely if the perverts riot upon hearing the news.

Quite.....I must seek an alternate road home tonight, as Redondo and Broadway in Long Beach, CA is a hub for the perverts' protests.

22 posted on 05/26/2009 2:20:50 PM PDT by Churchillspirit
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To: ButThreeLeftsDo

This is excellent. I got the message on my phone. The Homos are going to be out in force. California keep your cameras ready to record their ugly demonstrations. Provoke them and record them. :-) Now on to Maine and New Hampshire and Iowa.
We can win this battle Meghan McCain be damned.


23 posted on 05/26/2009 2:25:45 PM PDT by Maelstorm (Those that have nothing to hide welcome debate.)
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To: topher

A significant victory over the Democrats, the liberals, Hollywood and the mainstream news media (such as Brian Williams, Katie Couric, Diane Sawyer, George S., and Charlie Gibson).


24 posted on 05/26/2009 3:37:12 PM PDT by real_patriotic_american
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To: topher
The California Supremes tossed a politically correct consolation prize to the Gaystapo. Its pointless to try to overturn that since the state Supreme Court IS is the final court of appeal in California.

"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

25 posted on 05/26/2009 3:53:51 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: brooklyn dave
I think the existing marriages stand but no more marriages - those after Nov. 5th, 2008, will be valid or recognized in California. I think they should have been annulled but the Court had to appease the militant gays somewhere. And this I think will take the steam out of the move to change the California Constitution just for them.

"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

26 posted on 05/26/2009 3:56:40 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: longtermmemmory
Agreed. The Court ignored the standing law at the time - Proposition 22, now reinstated - that prohibited such marriages. But allowing the 18,000 same sex marriages to stand wasn't about the law, it was about politics.

"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

27 posted on 05/26/2009 3:59:55 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Nosterrex
Its like grandfathering in slavery where its prohibited and that contradicts both the intent of the law as well as common sense. But political correctness is about remaking both to suit the liberal fads of the day.

"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

28 posted on 05/26/2009 4:02:13 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: topher

http://www.dayofdecision.com/

the homosexual advocates are preparing protests (riots?) in the streets.

Also from their website, it looks like the next attack is 100% square on full faith and credit by demanding Obama repeal the 1996 DOMA.

(the president can order repeal?)

2010 is going to be an iiiiiinteresting election year.


29 posted on 05/26/2009 5:02:58 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: DesScorp
The Left has been bashing straight men for decades. Why?

So they can elevate the image of gay men in contrast.

The Right needs to start standing up for straight men: when is the last time that a conservative politician weighed in against feminist stereotyping of straight men?

30 posted on 05/26/2009 5:04:43 PM PDT by TheFourthMagi
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To: topher
As Gomer Pyle would say... Wasn't there something funny/strange about Jim Nabor smeared all over the scandal sheet tabloids a few years ago???
31 posted on 05/26/2009 5:06:20 PM PDT by Sir Francis Dashwood (Arjuna, why have you have dropped your bow???)
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To: longtermmemmory
The homonazies have long been at odds with Christians...

Look for descrations of churches and other things as retaliation...

32 posted on 05/26/2009 7:03:51 PM PDT by topher (Let us return to old-fashioned morality - morality that has stood the test of time...)
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To: topher

This court ruling is something else the homos can shove up their a$$es.


33 posted on 05/26/2009 7:20:38 PM PDT by Nachoman (Think of life as an adventure you don't survive.)
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To: real_patriotic_american
A significant victory over the Democrats, the liberals, Hollywood and the mainstream news media (such as Brian Williams, Katie Couric, Diane Sawyer, George S., and Charlie Gibson).

Is this victory? Friend, take a step back and look again. Two hundred years ago, the legal penalty for sex between consenting adults of the same gender was death. Seventy-five years ago, declared homosexuals could not serve in government or as teachers. Fifty years ago, gays could not adopt. Today, the battleground is marriage, and each confrontation requires huge amounts of time and money for an outcome which is far from certain.

Victory? The man hanging over the edge of a precipice, clinging to bare stone with his bare hands, does not talk of victory when he finds a tiny new foothold, six inches above the last one.

34 posted on 05/27/2009 11:18:14 AM PDT by Alatar
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To: Alatar

You make a great point below. I like it! It was a victory in that particular case, but I admire your viewpoint.

Re: “Is this victory? Friend, take a step back and look again. Two hundred years ago, the legal penalty for sex between consenting adults of the same gender was death. Seventy-five years ago, declared homosexuals could not serve in government or as teachers. Fifty years ago, gays could not adopt. Today, the battleground is marriage, and each confrontation requires huge amounts of time and money for an outcome which is far from certain.

Victory? The man hanging over the edge of a precipice, clinging to bare stone with his bare hands, does not talk of victory when he finds a tiny new foothold, six inches above the last one.”


35 posted on 05/27/2009 3:14:11 PM PDT by real_patriotic_american
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