Skip to comments.U.S. Supreme Court wipes out Proposition 8's gay marriage ban
Posted on 06/26/2013 7:41:40 AM PDT by Deo volente
The U.S. Supreme Court today paved the way for same-sex couples to marry soon in California, effectively leaving intact a lower-court ruling that struck down the state's voter-approved ban on gay marriage.
In a ruling that assures further legal battles, the high court found that backers of Proposition 8 did not have the legal right to defend the voter-approved gay marriage ban in place of the governor and attorney general, who have refused to press appeals of a federal judge's 2010 ruling finding the law unconstitutional.
The Supreme Court ruling, which found it had no legal authority to decide the merits of a challenge to Proposition 8, sends the case back to that original decision -- and the only question now is how quickly same-sex couples can marry and whether that ruling will have immediate statewide effect.
The 5-4 ruling was written by Chief Justice John Roberts.
(Excerpt) Read more at mercurynews.com ...
We are now officially a judicial oligarchy.
It's hard to make this case when the California Supreme Ct, Judge Walkers federal court, and the Ninth Circus ALL deemed the defender of Prop 8 has having standing. How did the Supremes go off the rails so badly on this?
“If that is accomplished, whats to stop the Federal Govt from trying to force religious institutions to perform these same sex marriages?”
My worst fear. Will my pastor have to choose between jail and freedom to practice his religion?
Well, and while I find these rulings terrible and horrifying, that’s kind of what Supreme Courts do in applying their take on a Constitution. Not all legally passed law stand. It’s kind of the system we have.
We don’t have a majority rule system and never have.
The State of California. However they chose not to challenge and, unless they are ready to open up the court to suits from individuals and groups without standing, they had to rule this way.
So don't blame the Court in this one. Blame the administration in California, and the people who elected them.
the institution of marriage pre-dates recorded history and in all that time, it has always been between men and women. There is nothing unconstitutional about wanting to maintain that 20,000 year precedent.
he people's representatives create a law with a large majority. A federal judge rules against it. The people themselves voted for a constitutional amendment punctuating the original law, again by a large majority.
Now more federal judges are turning that over.
We are witnessing two things.
1) The tyranny of specific judiciary members..co-opting the will of the people which is lawfully taken according to the laws of their soveriegn state.
2) The compromising of those same judiciary by a criminal, thugish enterprise in this current administration which is, IMHO, either bribing or coersing them to vote as they direct.
This will end badly for those law breakers and oath breakers. It may take a while yet...but if this continues, we will see a remedy similar to what our founders imposed on the King of england.
It is a decision that precludes the people from passing a referendum that the executive branch opposes because the opinion seems to say that only the governor and attorney general of a state have standing to defend it. I don’t know the consequence of an executive branch decision not to defend a law duly and validly passed by a state legislature.
Can anyone on this board tell me with a straight face that they are the least bit surprised by this judicial overreach?
If so, I have a bridge or two I’d like to sell you.
True. Next up probably will be the Constitutionality of same-sex marriage. I'm not very hopeful with this SCOTUS.
I agree...this really should not surprise anyone on FR...
Boys and girls, we, as a Nation, are on a train pulled by a steam locomotive on a down hill track heading to destruction at full throttle. Keep in mind that a steam engine, like a turbine, has no speed limit. As long as the fuel is fed to it, it accelerates until it comes apart. And at this point in time, we have no interest in curtailing the flow of fuel to the engine. The just leaves destruction as the end.
Yes. In Perry the supreme court gave a single governor or attorney general the power to thwart a popular referendum if those two people dislike the result.
Yep, we now have a federal government that can see no difference between a husband-and-wife and two degenerate pervs.
America has truly descended into evil. I used to wonder if the country was even salvageable. Now, I question if it’s even ‘worth’ salvaging.
Just be sure you return your ballot to the court rather than the polling place so they can “correct” any “mistakes” you’ve made with your votes on the propositions so we don’t have to go through this again.
Along with the communist tyrant in the White House and a rubber stamp Congress.
Amen to all you said
The “Impeach John Roberts” billboards are coming...