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Another Slap In The Face To States' Rights
America Talks ^ | 8/5/10 | David Zublick

Posted on 08/05/2010 1:10:30 PM PDT by AmericaTalks

Chief U.S. District Judge Vaughn Walker's ruling striking down California's ban on same sex marriage, is a slap in the face to states' rights in this country.

Every man, woman and child living in the United States should be outraged that with a single swipe of his pen, Walker has ruled that the will of over seven million voters was deemed null and void.

In his 136 page opinion, Walker wrote "because Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment. Rather than being different, same-sex and opposite-sex unions are, for all purposes relevant to California law, exactly the same. The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples."

The problem is, our founding documents, including the United States Constitution, are based on Judeo-Christian principles. Walker, who himself is openly gay, seems to have forgotten that. By ruling the way that he did, he has opened the door to all manner of abomination.

Yes, the slippery slope argument applies here. What is stop someone from wanting to marry several partners? Or from wedding an animal?

Sounds silly , you say? Just wait. If this ruling is allowed to stand, these types of unions will be attempted.

More to the main issue is the fact that the people of California, and by extension 45 other states which have laws defining marriage, will be told that their citizens are not allowed to determine what constitutes the most sacred union between two people. These states will be forced to grant rights and privileges to any two or more entities that walk through the door of their city halls.

Currently, same-sex couples can legally wed only in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire and Washington, D.C.

And that is how it should be. Yes, that is how it should be.

If these states choose to recognize same-sex marriage, that is their right. It should be left to individual states to determine what they will recognize as marriage.

There have been several proposals over the years to make the definition of marriage a Federal issue. Some have even proposed an amendment to the United States Constitution to define marriage as between one man and on woman.

But amending the Constitution is a long, difficult and arduous process, as it should be. This is not an issue to be addressed at that level. The states can handle it. But by ruling as he did, Vaughn Walker has made it a Federal case, on that is sure to make it to the highest court in the land.

California has appealed Walker's ruling to the 9th U.S. Circuit Court of Appeals, which in all likelihood will uphold his ruling. Then it goes to the Supremes, which will have to decide if they will even hear the case.

This will drag out for awhile. In the meantime, gay marriage in California is on hold.

And seven million very dissed voters are awaiting the next step.

Listen to America Talks Saturdays at 9 am Eastern Time at www.blogtalkradio.com/americatalks, or at www.americatalks.com.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: constitution; culture; judicial

1 posted on 08/05/2010 1:10:32 PM PDT by AmericaTalks
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To: AmericaTalks

We’re all illegals.Our right to vote is a sham!


2 posted on 08/05/2010 1:14:01 PM PDT by Dr. Ursus
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To: AmericaTalks

“Some have even proposed an amendment to the United States Constitution to define marriage as between one man and on woman.”

Sort of a “missionary position” to take on the issue, isn’t it?


3 posted on 08/05/2010 1:14:45 PM PDT by jessduntno (I wonder...how will third Manassas turn out?)
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To: AmericaTalks

When and if we ever get control of Congress back, there needs to be a serious effort to impeach the judicial tyrants like this fag.


4 posted on 08/05/2010 1:17:24 PM PDT by Defiant (Conservatives love the Constitution. Democrats love changing the Constitution.)
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To: jessduntno

It really doesn’t make any difference. If the people vote to accomplish what they want, they should get it if the vote goes their way. The feds have nothing to say about the states. At least that’s what our Constitution says but I guess that doesn’t make any difference today.


5 posted on 08/05/2010 1:20:30 PM PDT by RC2 (Remember who we are. "I am America")
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To: AmericaTalks

How much judge-shopping did they have to do to find a queer one to hand down an “unbiased ruling?

Wait and see. Poligamy, NAMBLA wanting to marry 10-year old boys, goat love, we’ll have it all.


6 posted on 08/05/2010 1:22:02 PM PDT by beelzepug ("Don't be a wise a**.")
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To: AmericaTalks
In his 136 page opinion, Walker wrote "because Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment. Rather than being different, same-sex and opposite-sex unions are, for all purposes relevant to California law, exactly the same. The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples."

That is the fatal flaw in Walker's idiotic decision. He tries to equate heterosexual couples with couples of the same sex. That is irrational. Trying to dismiss the case as only being based on moral and religious views is also fallacious.

This should be a state issue but now, it'll go federal as it will, inevitably, end up on the Supreme Court docket. Maybe then we can finally end this insanity of pretending that two people of the same sex constitute a 'marriage'. However, I'm only cautiously optimistic, if that.

7 posted on 08/05/2010 1:22:18 PM PDT by Jim Scott
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To: AmericaTalks
Walker has ruled that the will of over seven million voters was deemed null and void.

Being openly homosexual himself, he should have excused himself from this case.

8 posted on 08/05/2010 1:29:50 PM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: AmericaTalks

That’s all well and good.

What the liberals are losing sight of is that Islam and Allah will be highly offended by this action. Homosexuality requires extreme penalty under Sharia Law.

The liberals are forgetting that we caused 9/11 through our actions, and this is just more of America doing the same.

sarcasm alert


9 posted on 08/05/2010 1:30:41 PM PDT by Bluebird Singing
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To: AmericaTalks
Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment. Rather than being different, same-sex and opposite-sex unions are, for all purposes relevant to California law, exactly the same.

Judicial activism at its most blatant. This is not a ruling, but a political statement. Why does this "judge" think he can say same-sex and opposite-sex unions are the same? What are his proofs, his justifications? There is none. It is simply his opinion, shared by other homos. At the least, he needs to be removed from the job for which he has proven himself overwhelmingly unqualified

10 posted on 08/05/2010 1:34:38 PM PDT by jeffc (One Big A$$ Mistake America)
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To: AmericaTalks
Then it goes to the Supremes, which will have to decide if they will even hear the case.

Now that the dims and rinos confirmed kagan, we already know that the same-sexers have one vote in the bag.

11 posted on 08/05/2010 1:38:51 PM PDT by The Sons of Liberty (REAL Americans Bow to No One But The Almighty! - Mene, Mene, Tekel, Upharsin)
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To: jeffc
Here's something this "judge" should consider, since he's so concerned about the "equal protection" clause. By his own words, abortion should be illegal, since the father's rights are not considered, nor are the child's.
Something tells me this "judge" wouldn't give a rats a$$ about that, though. He's more concerned with advancing homo rights. Funny, how heteros have no more marriage rights than homos: I can marry one person of the opposite sex. So can they.
12 posted on 08/05/2010 1:40:03 PM PDT by jeffc (One Big A$$ Mistake America)
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To: Bluebird Singing
Homosexuality requires extreme penalty under Sharia Law.

Sharia sure ain't gay

Snip: In February 1998, the Taliban, who once ruled in Afghanistan, ordered this punishment for three men convicted of sodomy:

On Wednesday, the Taleban ordered the execution of three men for sodomy in the southern town of Kandahar, southern Afghanistan. They were ordered to be buried alive under a pile of stones and a wall was pushed on top of them by a tank.

Their lives were to be spared if they survived for 30 minutes and were still alive when the stones were removed.

Another Snip: ….Sodomy is a crime, for which both partners are punished. The punishment is death if the participants are adults, of sound mind and consenting; the method of execution is for the Shari'a judge to decide.

13 posted on 08/05/2010 1:40:12 PM PDT by MamaDearest
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To: AmericaTalks

Hey Californians — it wasn’t the right wing that did this to you. Remember that next time you vote.


14 posted on 08/05/2010 1:48:43 PM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: AmericaTalks

Limbaugh’s analysis of this decision was brilliant.


15 posted on 08/05/2010 2:00:43 PM PDT by Steely Tom (Obama goes on long after the thrill of Obama is gone)
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To: null and void

Nully, they’re blaming you again ping


16 posted on 08/05/2010 2:27:02 PM PDT by Shimmer1 (Protons have mass? I didn't even know they were Catholic.)
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To: MamaDearest

Well, when you see an incongruity of purpose with people who are obviously on the same side, you have to step back to see a bigger picture.

Gays, leftists, muslims, communists, etc - all on the same side,

opposing Christ.


17 posted on 08/05/2010 2:29:22 PM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: Shimmer1; Darksheare
Nully, they’re blaming you again ping

*sigh* Usually it's Dark's fault.

18 posted on 08/05/2010 7:43:55 PM PDT by null and void (We are now in day 558 of our national holiday from reality. - 0bama really isn't one of US.)
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To: null and void

Walker has ruled that the will of over seven million voters was deemed null and void.

Nope, this time it’s you. We’ll blame Darksheare twice next time, k?


19 posted on 08/06/2010 5:11:47 AM PDT by Shimmer1 (Protons have mass? I didn't even know they were Catholic.)
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To: AmericaTalks

I disagree that the States have some right to redefine a basic term of HUMAN EXISTENCE. Marriage is contract between man and a woman, and that goes back to Adam. More than five thousand years. The definition is not subject to re-write, any more than one can re-define that a particular type of man is not a human.

And that last perversion did indeed happen by Judicial Dicta in the Dred Scott ruling. Negros of African descent were declared by the US Supreme Court not to be fully human.


20 posted on 08/06/2010 5:21:21 AM PDT by bvw
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To: null and void; Shimmer1

Yes, this is true.
Usually I am getting blamed for stuff.
Whales attacking sailboats, man eating appliances, cars on rampages, etc.


21 posted on 08/06/2010 12:31:52 PM PDT by Darksheare (I shook hands with Sheryl Crow and all I got was Typhus and a single sheet of toilet paper.)
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