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Court won’t force state to defend Prop. 8
Orange County Register ^ | 9/2/2010 | Martin Wisckol

Posted on 09/02/2010 2:17:59 PM PDT by South40

A California court has refused to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a ruling that overturned the state’s gay marriage ban, according to an Associated Press report.

The 3rd District Court of Appeal in Sacramento on Wednesday denied a conservative legal group’s request to force the officials to defend Proposition 8 in court.

The court did not give a reason why it turned down the request by the Pacific Justice Institute.

(Excerpt) Read more at totalbuzz.ocregister.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: California
KEYWORDS: activistcourts; arnoldlegacy; caglbt; california; constitution; cultureofcorruption; gayjudge; homosexualagenda; jerrybrown; judicialtyranny; lavendermafia; moonbeam; prop8; samesexmarriage; schwarzenegger
Wonderful.
1 posted on 09/02/2010 2:18:00 PM PDT by South40
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To: South40

Why doesn’t Ahhnold just quit the GOP.


2 posted on 09/02/2010 2:20:30 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: South40

Into the same abyss that gobbled up Prop 187.

Voters Zero. People gaming the system, BINGO!!!!

Ding, ding, ding, ding...


3 posted on 09/02/2010 2:20:38 PM PDT by DoughtyOne (UniTea! It's not Rs vs Ds you dimwits. It's Cs vs Ls. Cut the crap & lets build for success.)
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To: South40

Who needs the rule of law or the Constitution. These guys have just opened the door to illiminating the constitution altogether.


4 posted on 09/02/2010 2:23:36 PM PDT by albie
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To: HiTech RedNeck
Why doesn’t Ahhnold just quit the GOP.

Because he has a better chance of destroying it if he is a part of it.

5 posted on 09/02/2010 2:26:12 PM PDT by South40 ("Islam has a long tradition of tolerance." ~Hussein Obama, June 4, 2009, Cairo, Egypt)
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To: DoughtyOne
Into the same abyss that gobbled up Prop 187.

Exactly the same.

6 posted on 09/02/2010 2:27:06 PM PDT by South40 ("Islam has a long tradition of tolerance." ~Hussein Obama, June 4, 2009, Cairo, Egypt)
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To: P-Marlowe; South40

Basically, the courts have said that the people can’t amend their constitution to prevent a behavior that has been illegal in most cases, and has never been permitted in the history of the republic and most of world history.

If the people don’t petition for redress of grievance on this, and petition to the Supreme Court, as part of their government, then what other avenue remains except taking the law into their own hands?


7 posted on 09/02/2010 2:43:34 PM PDT by xzins (Retired Army Chaplain and proud of it. Those who truly support our troops pray for their victory!)
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To: DoughtyOne

What does this mean for the long-haul?


8 posted on 09/02/2010 3:01:49 PM PDT by TaraP (He never offered our victories without fighting but he said help would always come in time)
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To: xzins
If the people don’t petition for redress of grievance on this, and petition to the Supreme Court, as part of their government, then what other avenue remains except taking the law into their own hands?

It has happened before:

"In every state of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people." 1776

9 posted on 09/02/2010 3:03:55 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: P-Marlowe
"In every state of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people." 1776

And our current politicians federal/state judges seem to be as blind to the possible consequences as King George was back in 1776.

10 posted on 09/02/2010 3:20:47 PM PDT by Sergio (If a tree fell on a mime in the forest, would he make a sound?)
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To: South40

Politically speaking, this is probably a better result just prior to November than a weak sister defense put on by the State of California. This result will get voters mad.

Arizona Governor Jan Brewer is using private counsel to fight for SB1070 rather than allow Democrat Attorney General Terry Goddard spoil the case.


11 posted on 09/02/2010 3:26:51 PM PDT by the_Watchman
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To: South40; All

So the elected officials don’t have to represent the direct and overt will of the voters.

I thought we lived in a REPUBLIC.


12 posted on 09/02/2010 3:27:22 PM PDT by Recovering_Democrat
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To: South40

Arnold has verified what he once disdained.....a girly man.


13 posted on 09/02/2010 3:32:05 PM PDT by afnamvet (Patriots Rising)
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To: Recovering_Democrat
I thought we lived in a REPUBLIC.

Not in CA, you don't. Now go sit down, be quiet, and let your betters run your life. /sarc

14 posted on 09/02/2010 3:32:40 PM PDT by kosciusko51
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To: South40

All three branches of government are complicit.

Including the legislative branch for not impeaching the whole of them.


15 posted on 09/02/2010 3:40:57 PM PDT by EternalVigilance (Nations, and individuals, ignore nature and Nature's God at their own peril.)
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To: South40
Should be appealed, definitely!
16 posted on 09/02/2010 5:03:46 PM PDT by gidget7 ("When a man assumes a public trust, he should consider himself as public property." Thomas Jefferson)
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To: South40

So if marriage has essentially been redefined by one (gay) judge, will polygamy be legal next?

When can the Muzzies in California marry their goat or 9 year old cousin?


17 posted on 09/02/2010 5:13:25 PM PDT by hattend (Like a termite to wood, Obama only wants to destroy - Mark Levin)
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To: EternalVigilance
All three branches of government are complicit.

I agree. It's time to drag these asswipes out by the hair of their heads!

18 posted on 09/02/2010 5:14:56 PM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: South40

Did they not take an oath to enforce and defend the laws and constitution of the state of California?


19 posted on 09/02/2010 5:19:35 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: EternalVigilance

California is the ultimate example of the ruling class vs. the country class. The people follow all the laws and their state constitution and amend it as it prescribes. Then the ruling class takes it upon itself to simply ignore it because THEY know better than the country class.


20 posted on 09/02/2010 5:22:45 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: unixfox

Great tagline.

I’ve changed mine to something similar...


21 posted on 09/02/2010 5:24:00 PM PDT by EternalVigilance (The Thirteenth Amendment outlawed slavery. The Sixteenth Amendment reinstated it.)
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To: Blood of Tyrants

Absolutely.


22 posted on 09/02/2010 5:24:44 PM PDT by EternalVigilance (The Thirteenth Amendment outlawed slavery. The Sixteenth Amendment reinstated it.)
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To: South40
Here's some excerpts from an email I received from my HOMOSEXUAL state senator, Mark Leno:

"Judge Walker’s ruling is a giant leap forward for marriage equality. It deflates the prejudiced stereotypes that have long demonized gay men and lesbians and relationships between same-sex couples and their families."

"It upholds the U.S. Constitution’s promise of equal protection under law and restates that this fundamental right cannot be denied to any one group of people,

regardless of the electorate’s majority opinion."

NOTE THAT HE ADAMANTLY OPPOSES 2ND AMENDMENT RIGHTS

"In his 136-page decision, Judge Walker eloquently dispels the myths promoted by Prop 8, including that heterosexual couples are somehow better than same-sex couples"

This guy consistently votes his genitals, he's the one that gave us Harvey Milk Day. He's "gerrymandered" into a nice safe district, so farmers and ranchers in Sonoma are represented by a homosexual from the San Francisco Board of Supervisors (the district includes the northern top of San Francisco, just to be safe).

23 posted on 09/02/2010 5:25:34 PM PDT by GunsAndBibles
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To: TaraP

So far it means for the people and by the people loses to a couple of Judges or politicians.

Millions of votes of the people compared to a politician and a few judges means nothing right now in California.

Wonder how long it will be till these judges and politicians get the people revolting in some kind of revolution?

Somewhere in modern times our representatives went from working for people to putting their own views over the voters and that’s not right.


24 posted on 09/02/2010 5:28:36 PM PDT by A CA Guy ( God Bless America, God bless and keep safe our fighting men and women.)
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To: Ernest_at_the_Beach; Swordmaker; AdmSmith; Arthur Wildfire! March; Berosus; bigheadfred; blueyon; ..
A California court has refused to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a ruling that overturned the state's gay marriage ban...
IMHO, that takes care of Jerry Brown's candidacy in November. Thanks South40.
25 posted on 09/02/2010 5:29:22 PM PDT by SunkenCiv (Democratic Underground... matters are worse, as their latest fund drive has come up short...)
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To: the_Watchman

Ah, if Ahhnold were only an indy. This is going to make a lot of Californians sit home saying “neither party is any good.”


26 posted on 09/02/2010 5:32:20 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: Blood of Tyrants

Oughtta be impeached if they don’t. But this puts the Rat-heavy Fornicalia legislature on the horns of a particularly cruel dilemma. Should it stand up for perversion or should it throw Republicans under the bus?


27 posted on 09/02/2010 5:34:31 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: SunkenCiv

Your name is ironic here. Fornicalia has sunk its civilization.


28 posted on 09/02/2010 5:36:31 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: HiTech RedNeck

Who is going to impeach them? All three of the branches are colluding to ignore the law and the duties of their offices.


29 posted on 09/02/2010 6:23:03 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: TaraP

There’s a saying that the judges read the news, and if the landslide on the right is as predicted, judges know that the legislature has power to impeach them, and has power to reduce their staffs and their staffs’ pay and perks, though they can’t reduce judges’ salaries— but they don’t have to increase them at all, ever. The judges will have to lay low while waiting to see if the commies can make a comeback, and the most feeble of the heinous judges will try to be kept alive by machines so they can be unplugged at the appropriate time to insure a “progressive and suitably diverse successor.”

In the shorter run, this also could be very interesting. Jerry Brown, the attorney general of California is the official who should initiate the appeal, but apparently doesn’t intend to. He happens to be running for governor out there. He probably won’t benefit electorally by having taken a position counter to the expressed wishes of the people. He has a formidable opponent who has no reason to ignore his malfeasance. Brown may lose hugely enough to simply disappear as a political factor in the state or the nation. Wouldn’t that be excellent?

Arnold Schwarznegger could also initiate the appeal; I don’t think he can order the attorney general to do it, but he could have it done through private firms engaged for that purpose or volunteering pro bono, and they don’t have to come from within the state, either. The fact that Arnold has not done this means he’s probably now also a goner in California politics, and will be roundly booed at the Republican convention, and his counsel and advice will not be welcome any more in Republican circles. His best bet is to go judge beauty contests and talent shows.


30 posted on 09/02/2010 6:34:19 PM PDT by mathurine
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To: HiTech RedNeck

LOL! (”Fornicalia”)


31 posted on 09/02/2010 6:46:51 PM PDT by SunkenCiv (Democratic Underground... matters are worse, as their latest fund drive has come up short...)
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To: SunkenCiv
A California court has refused to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a ruling that overturned the state's gay marriage ban...

IMHO, that takes care of Jerry Brown's candidacy in November. Thanks South40.

One would think so but this is the Peoples' Republik of Kalifornia.

32 posted on 09/02/2010 9:12:35 PM PDT by South40 ("Islam has a long tradition of tolerance." ~Hussein Obama, June 4, 2009, Cairo, Egypt)
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To: South40

So, it looks like the good folks in Imperial County will have to step up and do the job that the Jerkinator and Moonbeam won’t do. Pathetic @$$wipes. How about the people of California who have spoken again and again on the subject, you morons?


33 posted on 09/03/2010 4:40:24 AM PDT by fwdude (Anita Bryant was right.)
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To: South40
God put the San Andreas Fault there for a good reason. There will be a "cleaning" coming soon, and every liberal area in the country will be lost to the sea. If you look at all the heavy blue areas, they're near the water. When California cracks, the water will rise.
"For the land has become defiled, therefore I have brought its punishment upon it, so the land has spewed out its inhabitants."
34 posted on 09/03/2010 7:48:52 AM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: unixfox

>>All three branches of government are complicit.
>
>I agree. It’s time to drag these asswipes out by the hair of their heads!

You’re much more kind than I... See, “public official” and “pubic” have the same root word ‘pub’ which is where we should gather, drink, and then drag them out by their pubic hairs. ;)


35 posted on 09/03/2010 9:20:16 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: South40

Here’s our middle finger to you peons on California.

Now you little people pay your taxes and have a nice day.

California voters are stupid. What do you want me to say?


36 posted on 09/03/2010 4:45:31 PM PDT by Tzimisce (No thanks. We have enough government already. - The Tick)
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To: Recovering_Democrat
"I thought we lived in a REPUBLIC."

Once the corrupt criminal FDR managed to unlawfully confiscate (STEAL)The People's REAL MONEY (Gold) in 1933, the "republic" was toast. We've been "paying" "a debt" with "another debt" ever since. There is no money, only debt instruments, ie: "promises to pay." The international bankers stole The People's wealth. May they all choke on it.

37 posted on 09/04/2010 12:24:40 AM PDT by Beloved Levinite (I have a new name for the occupier of The Oval Office: KING FRAUD! (pronounced King "Faa-raud"))
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To: TaraP

It means Proposition 8 is for all intents and purposes dead.

It was ruled to be unConstitutional. No appeal being made, that ruling stands.

This is exactly what happened to Proposition 187. In those days Gray Davis’ team thumbed their nose at the will of the people. Now Arnold is doing the same thing.

We should have voted no on the recall. I was dead wrong.


38 posted on 09/04/2010 10:39:34 AM PDT by DoughtyOne (UniTea! It's not Rs vs Ds you dimwits. It's Cs vs Ls. Cut the crap & lets build for success.)
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To: DoughtyOne

Really, what is the problem? A same sex married couple pays taxes...right. They don’t reproduce but still pay taxes to educate, couples that do reproduce, children. So I really don’t understand the problem.


39 posted on 09/04/2010 8:12:24 PM PDT by I_be_tc (.?problem)
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To: I_be_tc

California homosexuals already have an avenue to make their domestic partnership legal. It provides legal and social remedies to problems like shared property, hospital visitation, and survivor’s benefits. So this really isn’t about the need to remedy problems. It’s more about making it seem like there really is no difference between homosexuals who want to marry, and heterosexuals who want to marry. They just want to marry.

Okay, that sound decent enough. Then you find that in order to make sure there is no stigma associated with homosexuality, that our grade school children have to be taught that homosexuality is just as proper as heterosexuality. And that effort starts in kindergarten and goes up to the twelfth grade. No problem here right?

Then it comes to sex education. Guess what has to be taught in sex education classes so that kids know how to bugger each other safely. No problem here right?

Then you have associations like NAMBLA. In case you didn’t know, that’s the North American Man Boy Love association. This charming group wants men and boys to be able to have sexual relations upon consent. That’s just about all boys of any age. No problem here right?

Yes, it’s all couched on the premise that homosexuals only want and of course deserve equal rights. But then you find that there really is a whole lot more to it.

Our kids are being indoctrinated into this lifestyle today in the public schools. I for one am not real happy to think of very young kids being presented with heterosexual practices at an early age. Now they’re presented a whole new level of “stuff”, that only a generation ago would have gotten the adults presenting that “stuff” to children a long prison sentence.

Begin to get the picture?

Look around on the forum and you’ll find an article from Great Britain from about three or four days ago. In that article it explains how one group in Britain is pushing to have the age of consent for little boys lowered to 14. Hows that sound?

Do you now see nothing wrong with what these activists have in mind?

Yep, they’re willing to pay for my kid’s education all right. It’s what they want to educate them about that frosts me.

Hell no to homosexual marriage. Frankly, I think it’s time to start pushing back big-time. The stuff going on in our schools must stop.


40 posted on 09/04/2010 11:55:46 PM PDT by DoughtyOne (UniTea! It's not Rs vs Ds you dimwits. It's Cs vs Ls. Cut the crap & lets build for success.)
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To: DoughtyOne; admin

I did not write the response in post #39. This is the 2nd time someone else is posting under my name. Sorry, DoughtyOne, I was surprised at this, someone has hi-jacked my screen name. And I never put things in the tag. What is going on?


41 posted on 09/05/2010 3:49:28 AM PDT by I_be_tc
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To: John Robinson

Can you please help me? Look at my previous post, please. Thanks, TC


42 posted on 09/05/2010 4:07:35 AM PDT by I_be_tc
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To: I_be_tc

Sorry you seem to be having a problem with your ID being hijacked. I didn’t know, and responded as best I could to what I thought was your legitimate perception.

Good luck...


43 posted on 09/05/2010 4:13:54 AM PDT by DoughtyOne (UniTea! It's not Rs vs Ds you dimwits. It's Cs vs Ls. Cut the crap & lets build for success.)
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To: South40

The people who voted yes on 8 have just been told their votes don’t matter. The way to turn this around (though not immediately, of course) is for those people to get organized and vote as a block on everything (as much as possible) and slowly replace elected officials with members of their block, at all levels. It’s a tall order, I realize that, but it’s the only way for them to get their right to vote back.

If they care about that, of course.


44 posted on 09/06/2010 5:02:30 AM PDT by samtheman
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To: DoughtyOne

I thought california law GAVE automatic standing to proposition advocates to ensure these games are not played


45 posted on 09/07/2010 11:20:15 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory

What the precise laws are, I honestly don’t know. About all I know is that these struck down initiatives seem to die once a judge says they’re flawed.

It would seem the Attorney General would have to push them by direction of the sitting governor. Gray Davis failed us on Prop 187, and Schwarzenegger is doing the same thing on Prop 8.

Even when we prevail, we’re defeated.

We essentially have a corrupt government that ignores the will of the people.


46 posted on 09/07/2010 11:37:58 AM PDT by DoughtyOne (UniTea! It's not Rs vs Ds you dimwits. It's Cs vs Ls. Cut the crap & lets build for success.)
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To: Jim Robinson

Here is another one. I also sent it to John.


47 posted on 09/15/2010 2:51:28 PM PDT by I_be_tc
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