Skip to comments.Breaking: Calif. court declares Prop 8 unconstitutional
Posted on 02/07/2012 10:46:18 AM PST by RobinMasters
News just began coming out a little after noon on the east coast. A California appeals court has struck down Proposition 8, which banned same sex marriage in the state.
A federal appeals court Tuesday struck down Californias ban on same-sex marriage, clearing the way for the U.S. Supreme Court to rule on gay marriage as early as next year.
The 2-1 decision by a panel of the U.S. 9th Circuit Court of Appeals found that Proposition 8, the 2008 ballot measure that limited marriage to one man and one woman, violated the U.S. Constitution. The architects of Prop. 8 have vowed to appeal.
The ruling was narrow and likely to be limited to California.
Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California, the court said.
The ruling upheld a decision by retired Chief U.S. District Judge Vaughn R. Walker, who struck down the ballot measure in 2010 after holding an unprecedented trial on the nature of sexual orientation and the history of marriage.
(Excerpt) Read more at hotair.com ...
I wonder that. Time and time again, the voters of California have voted for some common sense measure designed to protect the rights and liberties that are threatened by liberal policies, and had them overturned by activist courts.
There is no Constitutional reason that Californians should be forced to subsidize the health care and education of illegals who should be deported. There is no Constitutional reason that Californians should have to allow gay "marriage" to be made legal. Yet activist judges have said otherwise.
OTOH, the people of CA seem rather schizophrenic in their voting patterns. While voting for common-sense propositions (and passing them by overwhelming majorities), they turn around and vote for the most whacky liberal politicians on the ballot. Although I wonder if that isn't so much a reflection of the voters' will, as it is a reflection that there are huge political pay-offs for vote fraud in favor of candidates, while vote-fraud in favor of an unpopular proposition doesn't really have a pay-off (especially when corrupt judges will overturn the will of the people anyway).
Judges should not be allowed too strike down the will of the people who voted a law into existence. The will of we the people governed by consent should be the final check & balance. Perhaps it’s time too end appointed Judiciary in our nation and elect them instead? It’s definitely past time for Term Limits for all Three Branches of Government.
Which is a clearer indicator of right vs. wrong: the will of the people or the will of the government? There seems to be a general divide based on that.
Geez. No kidding. Its like Rose Bird never left.