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Breaking: Calif. court declares Prop 8 unconstitutional
Hot Air ^ | February 6, 2012 | JAZZ SHAW

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 California’s 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 ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; Politics/Elections; US: California
KEYWORDS: 9thcircuit; homosexualagenda; prop8; ruling; samesexmarriage
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1 posted on 02/07/2012 10:46:26 AM PST by RobinMasters
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To: RobinMasters
Ninth Circus. No surprise there. SCOTUS is homo-heavy. Not sure if it's three or 4, but the fix is in.
2 posted on 02/07/2012 10:49:39 AM PST by Missouri gal
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To: RobinMasters

Typical 9th Circus.

Remember when it was supposed to be one person, one vote? Now it’s one judge, one vote; the others don’t count.


3 posted on 02/07/2012 10:52:25 AM PST by Stormdog (A rifle transforms one from subject to Citizen)
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To: RobinMasters
Isaiah 5:20
Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter!
4 posted on 02/07/2012 10:52:39 AM PST by SENTINEL (Romney is to Conservatism what Mormonism is to Christianity.)
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To: RobinMasters

Why do they even have voting in California anymore?


5 posted on 02/07/2012 10:54:47 AM PST by Telepathic Intruder (The right thing is not always the popular thing)
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To: RobinMasters
This headline and story is misleading and confusing.

The 9th Circuit is a FEDERAL court, not a "California" court.

Furthermore, the California Supreme Court ruled that Prop 8 IS constitutional.

So, the state ruled it constitutional, and the federal courts overruled it.

-PJ

6 posted on 02/07/2012 10:54:53 AM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: RobinMasters

I am sick of abject Judicial activism.

I am sick of liberals extending natural rights, given from God and enumerated in the Constitution, to behavior and ideology to advance their own causes and inclinations...and in an effort to overthrow the constitution to which they swore an oath to faithfully uphold and defend.

The American people, to avoid the hell of chaos and downfall and implosion such trends will inevitably lead to, simply must throw off the political class that has encumbered us and elect American statemen to office who revere and will hold inviolate the fundmanetal moral values upon which this nation and its constitution was founded.

And those are Christian principles and have defined the very reason why America has been so tolerant of so many who have come to these shores. but when those here want that tolerance to extend to the destruction of what has kept the peace, made us free, defined our prosperity and strength as a nation, that we cannot, nay we MUST not tolerate, but fight with every resource at our disposal.

America at the Crossroads of History
http://www.jeffhead.com/crossroads.htm


7 posted on 02/07/2012 10:55:14 AM PST by Jeff Head (Liberty is not free. Never has been, never will be. (www.dragonsfuryseries.com))
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To: RobinMasters

I have actually read the Constitution and the Federalist papers. I don’t remember marriage being discussed. Maybe they’re talking about the equal protection clause. If that is the case then that doesn’t make any sense either. All homosexuals of adult age are allowed to get married with very few exceptions. They cannot presently be married, and they have to marry someone of the opposite sex. We have the exact same privledges.


8 posted on 02/07/2012 10:57:31 AM PST by W1somoveon
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To: RobinMasters

Newt Gingrich...pick up the white courtesy phone, please...


9 posted on 02/07/2012 11:00:49 AM PST by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: RobinMasters

Can you imagine these twisted, diseased judges arguing their case before G-d Almighty?


10 posted on 02/07/2012 11:04:44 AM PST by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: RobinMasters
“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California,”

What a simplistic, reductio ad absurdum rebuttal. Is the institution of marriage nothing more than an attempt to elevate or increase the status and human dignity of heterosexuals? Or is it much, much more -- namely a cornerstone of our civilization that has been extant in some form for all of recorded history?

Much more rests on the institution of marriage than mere social status or some vague sense of "dignity." If this is the level of logic this court develops in its opinions, it is less a court than a court jester.

11 posted on 02/07/2012 11:06:31 AM PST by IronJack (=)
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To: W1somoveon

Absolutely. That is the answer to the arguement. I have to deal with this crap in my family (the in-laws). In the future I will simply respond with “But you do have equal protection under the law, no law is stating that gay men cannot marry a woman.


12 posted on 02/07/2012 11:09:03 AM PST by WMarshal (Where is the next Sam Adams?)
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To: who knows what evil?

Look closely at the ruling. They are attempting to lay the groundwork for the elevation of homosexuals as a protected “class.” Even though Title 7 specifically says “ Sex defined as gender, not sexuality or sexual practices.”

More judicial activism and revisionism. “We don’t like that homosexuality is not a fundamental right and therefore not a protected class sufficient for strict scrutiny which would get us the result we want. So we will, inch by inch, bump it up to the level of scrutiny necessary.” Even if there is no legal basis for it. First year law students could rule better on this.


13 posted on 02/07/2012 11:09:57 AM PST by 1malumprohibitum
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To: RobinMasters

This decision was already in the word processor two years ago. They just needed proof of the money transfer.


14 posted on 02/07/2012 11:10:49 AM PST by DPMD
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To: RobinMasters

“Calif. court declares Prop 8 unconstitutional”

This is the case that will end up in the Supreme Court.

It will be all up to Anthony Kennedy…

No way to predict the final outcome as of yet...

This may end up to become the “Roe v. Wade” of homosexuality.


15 posted on 02/07/2012 11:16:43 AM PST by Road Glide
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To: RobinMasters

They’ll never let the People have a say. It’s time for the People start ignoring these elites and their armed dogs.


16 posted on 02/07/2012 11:29:29 AM PST by Clock King (Ellisworth Toohey was right: My head's gonna explode.)
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To: RobinMasters

We have long ceased to be a nation whose foundation is based on Judeo-Christian principles.

One can’t think of anything deviant that will not be acceptable by the Court.


17 posted on 02/07/2012 11:29:29 AM PST by 353FMG
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To: RobinMasters

Ninth Circus, most overturned court in the U.S.


18 posted on 02/07/2012 11:33:52 AM PST by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: Stormdog

“Now it’s one judge, one vote; the others don’t count.”

YEP...what the majority of citizens want no longer means ANYTHING!


19 posted on 02/07/2012 11:56:05 AM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: RobinMasters
the 2008 ballot measure that limited marriage to one man and one woman, violated the U.S. Constitution.

Is this how the ballot measure read ? If so, does that mean there is now no limit ?
20 posted on 02/07/2012 12:09:19 PM PST by stylin19a (time to Obamanos)
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