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Calif. Gay Marriage Ruling to Unleash Litigation
CNSNews.com ^ | May 19, 2008 | Pete Winn

Posted on 05/19/2008 3:24:52 AM PDT by Man50D

The California Supreme Court's 4-3 decision last Thursday to create homosexual marriage was "a blockbuster" that sent a shockwave that will eventually reverberate in every state of the union, according to legal experts.

"One of the principal effects of the California decision will be to create large numbers of same-sex marriages that will not only reside in California, but will migrate across the country," said Douglas Kmiec, a law professor at Pepperdine University Law School in Malibu, Calif.

Kmiec, one of the nation's foremost legal scholars, told Cybercast News Service that the California court "tossed out the window" the view of marriage that predates the founding of the United States, predates the U.S. Constitution, and that was assumed by those who drafted California's constitution, as well as those who created civil rights law itself.

"(The justices) decided that marriage as a fundamental right could not be limited to heterosexual couples," Kmiec said. "But they also decided, for the first time anywhere in the United States, that as a matter of state constitutional law, sexual orientation was what lawyers call 'a suspect classification' deserving of protection."

The California decision, he said, will have a different effect than the Massachusetts Supreme Judicial Court's 2003 decision bringing same-sex marriage to that state.

"The Massachusetts ruling was confined, more or less to its own state," Kmiec said. "The way the Massachusetts court had interpreted its state law, same-sex marriage in Massachusetts was not available to non-residents."

Homosexuals can't get married in Massachusetts if they aren't already state residents, or they don't come from a state that recognizes same-sex marriage.

(Excerpt) Read more at cnsnews.com ...


TOPICS: News/Current Events; US: California
KEYWORDS: caglbt; homosexualagenda; kmiec; lawsuit; samesexmarriage

1 posted on 05/19/2008 3:24:52 AM PDT by Man50D
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To: Man50D
The problem most states do not recognize California's right to impose its values upon them. In most state constitutions, same sex marriage is prohibited and such state courts must abide by that prohibition. The ruling of California's Supreme Court has limited effect outside California and voters can still override the Court's decision in November.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

2 posted on 05/19/2008 3:44:22 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Man50D

They plan to start lawsuits in various states to challenge the non-recognition of their “marriages”. They won’t be happy until they have ‘gay marriage’ in all 57 states.


3 posted on 05/19/2008 4:05:29 AM PDT by Leftism is Mentally Deranged
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To: Leftism is Mentally Deranged
A tiny minority wants society to gratify their bizarre fetish.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

4 posted on 05/19/2008 4:10:04 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Man50D

The only real solution is to amend the US Constitution. Albeit ridiculous, that is the only way to stop the activist courts.


5 posted on 05/19/2008 4:15:34 AM PDT by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: Always Right
Agreed. But its a dead letter with a Democratic Congress. The climate for traditional values will get a lot more dire before there's a backlash.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

6 posted on 05/19/2008 4:18:20 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Leftism is Mentally Deranged

they have a long way to go. P.S. there are 57 states in ISLAM. That is who obama plans on representing as president of the U.S., should he be elected.


7 posted on 05/19/2008 4:44:17 AM PDT by television is just wrong
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To: Man50D
Smithers, Release the litigation hounds!
8 posted on 05/19/2008 4:45:40 AM PDT by wolfcreek (I see miles and miles of Texas....let's keep it that way.)
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To: goldstategop

Ironically, this decision may put in jeapordy all those predicting huge pick ups for Democrats in the House and Senate. If the GOP picks up this issue along with several others. Right now the GOP ain’t doing squat.


9 posted on 05/19/2008 4:52:06 AM PDT by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: Always Right
Right now the GOP ain’t doing squat.

I respectfully disagree. The GOP is busy trying to be like the socialist Democrats.
10 posted on 05/19/2008 5:00:11 AM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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To: Man50D

Got a letter from GOP headquarters requesting I renew my membership. Typical form requesting dues and donations....$500, $200, etc and other. I checked “other” and explained it would be in CARBON CREDITS.


11 posted on 05/19/2008 5:59:59 AM PDT by Potts Mtn. Pappy
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To: Man50D
"the California court 'tossed out the window' the view of marriage that predates the founding of the United States, predates the U.S. Constitution, and that was assumed by those who drafted California's constitution, as well as those who created civil rights law itself."

It also predates history, Doug.

12 posted on 05/19/2008 6:17:34 AM PDT by Savage Beast ("History is not just cruel. It is witty." ~Charles Krauthammer)
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To: Man50D

This California ruling is the best thing that’s happened to John McCain since Michelle Obama last opened her mouth.


13 posted on 05/19/2008 6:20:35 AM PDT by Savage Beast ("History is not just cruel. It is witty." ~Charles Krauthammer)
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To: goldstategop

>>In most state constitutions, same sex marriage is prohibited and such state courts must abide by that prohibition.

At least until the gay lawyers invoke the “full faith and credit” clause of the federal constitution to force other states to recognize California ‘marriages’.


14 posted on 05/19/2008 6:29:27 AM PDT by vikingd00d (chown -R us ./base)
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To: Man50D
..this will add some numbers to marriage statistics in the Golden State--but also divorces--and infidelity in marriages.

You can't change the nature of something by changing the label...

Dutch Study on Same-sex Marriage

15 posted on 05/19/2008 6:53:28 AM PDT by WalterSkinner ( In Memory of My Father--WWII Vet and Patriot 1926-2007)
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