Posted on 08/04/2010 5:27:36 PM PDT by Pontiac
A federal court in San Francisco on Wednesday overturned the state's voter-approved initiative banning same-sex marriages, in a landmark case that could force the U.S. Supreme Court eventually to decide if gays have a constitutional right to marry.
District court Judge Vaughn Walker ruled that 2008's Proposition 8 violated the constitutional guarantees to equal protection and due process because it singles out gays and lesbians for denial of a marriage license.
"The evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite sex couples are superior to same-sex couples," wrote Judge Walker in a 138- page ruling.
The verdict doesn't mean same-sex couples can now get married in California. Judge Walker stayed new same-sex marriages in the state pending an appeal until at least August 6. Lawyers for the defense have said they plan to appeal.
The Prop. 8 case, known as the Perry trial after lead plaintiff Kristin M. Perry, was filed by two same-sex couples seeking to marry. In a bench trial conducted in January and June, they claimed that the state's ban on gay marriage is an infringement on the civil rights of gays and lesbians.
Lawyers for the defense, which was provided by Protectmarriage.com, argued that the court shouldn't overturn a law voted on by citizens.
While Judge Walker's verdict specifically reverses a line in the California state constitution that defines marriage as only between a man and a woman, the case could potentially re-write marriage laws and legal protections for gays and lesbians across the nation as it makes its way through appeal.
(Excerpt) Read more at online.wsj.com ...
Shame on this gay judge for NOT recusing himself from this case!! ON TO THE SUPREMES! >:-(
I wouldn’t have expected any other “decision” from a “gay” judge. Banning homosexual “marriage” is un-gaylike.
Voters just don’t matter to the courts! Especially, this one!
Bush I’s fault
Is there a sexual orientation out there that wouldn’t have to recuse him/her/istself?
Maybe this isn’t something that is a basic right but has as a practical matter to be decided by the public at large for the sake of an orderly society.
End of “Consent of the Governed” ping.
I would.
I expect judges to look at the law, look at precedent and the constitution and then make a ruling based on the law.
If the judge does not think that they can make an impartial judgment then they should recuse themselves.
I don’t see that being gay alone would make this judge partial. But perhaps being an activist judge and being gay perhaps she should have recused herself.
Sure they do! But only the ones that agree with them.
Draw up a proposal.
It could be the reality TV hit of next year.
I can see it now......The Bichon Frise is mine, dammit!
Here in WI we banned homosexual marriage and our Supremes upheld it. So is homo marriage legal or not?
Marriage is between two people of the opposite sex.
That’s a definition, and has been for centuries.
I don’t accept their perverse redefinition. Nor will I attend any event where they are welcome. While corporate policy may demand it, they cannot demand my support, and I’ll not offer it.
I’d also prefer to decrease AIDs funding to zero: don’t do the crime if you can’t do the time.
Just think of how they've screwed up your health insurance.
It really about what our moral beliefs are and will be based upon. See http://www.freerepublic.com/focus/f-religion/2564773/posts and my post also.
Bless the Lord.
NOT
At least not until August 6.
The verdict doesn't mean same-sex couples can now get married in California. Judge Walker stayed new same-sex marriages in the state pending an appeal until at least August 6. Lawyers for the defense have said they plan to appeal.
Just another example of the judiciary controlling the people’s decisions. State’s rights has long been nullified.
Judge voids...on California voters.
OK
But your not getting your mother’s wedding ring back!
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