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SOURCE: CA Prop 8 held to be unconstitutional under due process and equal protection.
Drudge Report ^ | 8/04/2010 | Drudge

Posted on 08/04/2010 1:45:48 PM PDT by tsmith130

Court enjoins enforcement of Prop 8... Will be released at 2 pm pt...

Judge strikes down 'Only marriage between a man and a woman is valid or recognized in California'..


TOPICS: Breaking News; News/Current Events; US: California
KEYWORDS: barackhusseinobama; bostonglobe; caglbt; gaymarriage; homosexualagenda; judgesgonewild; margaretmarshall; newyorktimes; novote4you; novotes4people; nytimesmanipulation; obama; prop8; rinos4mitt; rinos4romney; romney; romneyfascism; romneyvsmasscitizens; samesexmarriage; stenchfromthebench; unconstitutionalmitt; whoisjohngalt
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To: BuckeyeTexan

This judge is a “couples only” bigot of the worst sort. People for truly open and free marriage should reject this decision as garbage ~ which they won’t.


181 posted on 08/04/2010 3:27:27 PM PDT by muawiyah
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To: WinOne4TheGipper

n trying to be fair minded. I don’t get it. Gays can marry.
If it is life insurance,benefactor rights...I see the term
significant other on all paper work with employment.As spouse no one is dare discriminated against in today’s PC world if John writes John as his spouse. They have Heather has two Mommies and gay penguins as the way of life in schools.They need to shut up and lead their lives. No one cares. But don’t promote the gay lifestyle in education and try to define a legal definition of them being legitimate.

If they need a piece of paper to say it is ok to pack fudge they have many other issues and the political correctness has gone too far they need to stfu and live.

I really think they just want it defined as ok to tick off Pat Robertson and so forth... that is all.It is a right vs left game. It is sick and out of hand.


182 posted on 08/04/2010 3:27:27 PM PDT by Dubya-M-DeesWent2SyriaStupid!
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To: cookcounty

Excellent Link.


183 posted on 08/04/2010 3:29:01 PM PDT by Sergio (If a tree fell on a mime in the forest, would he make a sound?)
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To: kcvl
In that picture, he looks like Mark McGwire testifying before Congress 20 years from now.


184 posted on 08/04/2010 3:29:37 PM PDT by AuH2ORepublican (If a politician won't protect innocent babies, what makes you think that he'll protect your rights?)
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To: Mad Dawgg

those are for encouraging the NATURAL production of offspring.

this judge made his ruling based on ability to orgasm.


185 posted on 08/04/2010 3:32:48 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Cboldt
-- You really think he is going to stay this decision. I expect that it will go into affect immediately. --

The decision has been stayed.

186 posted on 08/04/2010 3:34:25 PM PDT by freedomwarrior998
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To: Red in Blue PA

“The Federal Judge who made this ruling is openly gay???? Shouldn’t he have recused himself?”

Only if you want all gun owners recusing themselves from 2nd Amendment cases, all Christians recusing themselves from religious freedom cases, all blacks recusing themselves from civil rights cases, etc...


187 posted on 08/04/2010 3:34:32 PM PDT by Kahonek
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To: kcvl
"SFGate.com: Judge being gay nonissue during trial..."

If he uses his decision to marry another man, will it be an issue?

188 posted on 08/04/2010 3:34:57 PM PDT by drpix
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To: tsmith130

As usual, when liberals can’t win in the legislative areas, the resort to activist judges to get their way. First, the queers used a state judge to strike down a state law prohibiting homosexual marriage, then when the people amended their state constitution to prohibit it, they get a F*&KING FEDERAL JUDGE to overturn the will of the people.

A revolution is getting damned close. The people will not be lorded over by an elitist liberal ruling class.


189 posted on 08/04/2010 3:35:46 PM PDT by Blood of Tyrants (Satan is a Democrat and Obama is his minion.)
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To: Red in Blue PA

millions voted, millions spent and because the homo’s took a hissy fit they then get a homo judge who should not have even took the case and then overturn everything which was done lawfully

now since when did judges make laws based on their own gain?


190 posted on 08/04/2010 3:35:51 PM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/THE LEFT BE FOOLED FOR EVER)
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To: umgud

“The DU thread on this is chock full of oranisms.”

Don’t you mean “onanisms?”


191 posted on 08/04/2010 3:35:58 PM PDT by Kahonek
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To: tsmith130

Okay, so, in effect, this judge has decided that there is no actual definition of marriage. There is no difference between gay marriage and cohabitation. The only possible defining act of “marriage” would be fruitful intercourse, or the intent for fruitful intercourse.

Therefore, it seems to me that this judge has just opened the door to, say, “drinking buddies” getting “married” for the sake of workplace benefits, or even “college roommates” that want to take advantage of some benefit or another - maybe to apply for mortgages or piggyback someone’s great credit score. There doesn’t actually have to be intercourse, because, it no longer matters. People can get married for no reason whatsoever, harvest whatever benefits they need from the private and public sector, then file for divorce and walk away.

Pontius Pilate asked “What is truth”?

This judge asks, “What is marriage?”


192 posted on 08/04/2010 3:37:27 PM PDT by Rutles4Ever (Ubi Petrus, ibi ecclesia, et ubi ecclesia vita eterna!)
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To: ChicagoConservative27

homosexual friend you mean right.
Gay is a word hijacked by them to make themselves look happy.
I for one will not play the far lefts word game


193 posted on 08/04/2010 3:37:45 PM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/THE LEFT BE FOOLED FOR EVER)
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To: tsmith130

Frak these activist judges. Prop 8 was an amendment to the California Constitution. That means it IS Constitutional. The people spoke, and put it in their Constitution.

The ballot box is no longer valid.

Jury box up next.


194 posted on 08/04/2010 3:40:05 PM PDT by Domandred (Fdisk, format, and reinstall the entire .gov system.)
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To: Rational Thought

then those polygamists should sue to have their marriage and lets see if these judge then grants them that.

If homosexuals do not agree then they are discriminating against men who want more than one wife.

Hell at least their sex can produce offspring and is natural unlike homosexuals.

Homosexuality is a mental disorder, they do unnatural acts and to them it is all about getting off . Every argument they use can be used fo any kind of marriage


195 posted on 08/04/2010 3:40:29 PM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/THE LEFT BE FOOLED FOR EVER)
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To: Floratina

If this stands, then Christians should refuse to get married legally. They should insist on a church wedding, and then - in the eyes of the law - live together.

You could get a court order to change your name and live as common-law man & wife...but refuse to be legally married, since a legal marriage becomes an abomination.


196 posted on 08/04/2010 3:41:09 PM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: kcvl

the judge can gain from his decision, you bet it is a issue.


197 posted on 08/04/2010 3:41:36 PM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/THE LEFT BE FOOLED FOR EVER)
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To: freedomwarrior998
The decision has been stayed.

Not for long:

In his decision Wednesday afternoon, U.S. District Judge Vaughn Walker ordered the state to stop enforcing its same-sex marriage ban immediately. But CNN reported that Walker also issued an emergency stay, meaning that same-sex marriages are still on hold for the moment. We'll have more on that shortly.

Here’s Walker’s conclusion:

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.

Lawyers for the Prop. 8 supporters filed papers Tuesday night seeking a stay that would prohibit same-sex marriage while the decision is appealed. Walker will have to deal with that separately. CNN reported that Walker is giving the defense team a chance to make their case for a stay pending the appeal. But Loyola Law Professor Douglas NeJaime said he doesn't think a permanent stay will be issued.

“The tone of this is it doesn't look like he would be issuing a stay,” said the law professor.

Source

198 posted on 08/04/2010 3:42:47 PM PDT by Smogger
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To: longtermmemmory
"those are for encouraging the NATURAL production of offspring."

For whatever reason it still leads us to unintended consequences.

Would the courts allow a law that said only a man and a woman could form a Corporation? (doing so to engage in tax benefits and legal protection of personal assets)

Answer would be no based on the equal protection clause and the courts will use the same for marriage.

I'm not saying this is how it should be I am saying that legally this is what happens when the government starts granting goodies based on the sex of those involved. The Government should have never granted financial benefits based on married status.

199 posted on 08/04/2010 3:43:30 PM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the next one...)
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To: Domandred

“Prop 8 was an amendment to the California Constitution. That means it IS Constitutional.”

I think the constitution this judge was talking about was the U.S. Constitution. This is a Federal District Court judge. That’s why it’s such a big issue for so many people.


200 posted on 08/04/2010 3:43:59 PM PDT by Kahonek
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