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Calif. Supreme Court to Take up Gay Marriage Ban
Yahoo ^ | 19 Nov, 2008 | Lisa Leff

Posted on 11/19/2008 6:12:15 PM PST by XHogPilot

SAN FRANCISCO – California's highest court agreed Wednesday to hear several legal challenges to the state's new ban on same-sex marriage but refused to allow gay couples to resume marrying before it rules.

The California Supreme Court accepted three lawsuits seeking to nullify Proposition 8, a voter-approved constitutional amendment that overruled the court's decision in May that legalized gay marriage.

All three cases claim the measure abridges the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a significant constitutional change.

read entire article here

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events; Philosophy; Politics/Elections; US: California
KEYWORDS: 2008election; california; casupremecourt; gaymarriage; highprofile; lisaleff; prop8; proposition8; samesexmarriage; sos; traditionalmarriage; yahoo
Amazing!!! The California Constitution declared unconstitutional by the California Supreme Court?
1 posted on 11/19/2008 6:12:15 PM PST by XHogPilot
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To: XHogPilot

California Conservatives, head for Texas.


2 posted on 11/19/2008 6:13:42 PM PST by 2ndDivisionVet (Barack Obama: In Error and arrogant -- he's errogant!)
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To: XHogPilot

RE The California Constitution declared unconstitutional by the California Supreme Court?

Not the first time, it always amazes me, “A nation of judges, not of laws”


3 posted on 11/19/2008 6:14:23 PM PST by sickoflibs (Tired of loss and humiliation?, Then what do we stand for?)
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To: XHogPilot

They haven’t written their opinion just yet, lets see what they do.


4 posted on 11/19/2008 6:14:34 PM PST by Seven Minute Maniac
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To: Seven Minute Maniac

I am not holding my breath.


5 posted on 11/19/2008 6:18:43 PM PST by realcleanguy
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To: XHogPilot

The voter be damned.


6 posted on 11/19/2008 6:19:46 PM PST by ButThreeLeftsDo (Read FR First.....THEN Read Drudge.)
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To: XHogPilot

So a state court is more powerful than the state Constitution. This is akin to the King of Hearts trumping the Ace of Spades.


7 posted on 11/19/2008 6:23:31 PM PST by Extremely Extreme Extremist
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To: XHogPilot

...if the queer lobby wins this, the people of California should recall the judges


8 posted on 11/19/2008 6:26:02 PM PST by STONEWALLS
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To: sickoflibs
Not the first time, it always amazes me, “A nation of judges, not of laws”

Waht say you? Rule of man vs. rule of law.

9 posted on 11/19/2008 6:30:07 PM PST by VRW Conspirator (Stupidity is also a gift of God, but one mustn't misuse it. - Pope John Paul II)
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To: STONEWALLS
...if the queer lobby wins this, the people of California should recall the judges

No. A constitutional amendmenmet should outlaw judges. D___ them all.

10 posted on 11/19/2008 6:31:43 PM PST by VRW Conspirator (Stupidity is also a gift of God, but one mustn't misuse it. - Pope John Paul II)
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To: XHogPilot
Nope. They just accepted arguments for review next year and even more significant, denied the Left's bid to stay Prop. 8. And the Court accepted the Protect Marriage campaign as official intervenors before the Court.

"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

11 posted on 11/19/2008 6:38:05 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: XHogPilot

We’ll have to see exactly how this goes. Sometimes courts take cases because they want to set precedent and stop people from filing suit after suit.


12 posted on 11/19/2008 7:30:56 PM PST by ReagansShinyHair
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To: XHogPilot
The same thing happened in Colorado. The voters in 1992 passed amendment two to the state constitution forbidding preferred status to homosexuals and it was struck down. The short wording:
Neither the state of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian or bisexual orientation, conduct, practices or relationships shall constitute or otherwise be the basis of, or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination. This Section of the Constitution shall be in all respects self-executing.

The rule of law is not the interest of the courts, but social engineering!

13 posted on 11/19/2008 9:37:45 PM PST by DaveyB (Those who are merciful to the cruel will be cruel to the merciful.)
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To: ReagansShinyHair
We’ll have to see exactly how this goes. Sometimes courts take cases because they want to set precedent and stop people from filing suit after suit.

If they declare an Amendment as "unconstitutional," then say goodbye to the Bill of Rights, because that will be next!

14 posted on 11/19/2008 11:41:15 PM PST by pray4liberty (Always vote for life!)
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To: XHogPilot
Opponents of the ban argue that voters improperly abrogated the judiciary's authority by stripping same-sex couples of the right to wed after the high court earlier ruled it was discriminatory to prohibit gay men and lesbians from marrying.

Let's have a little clarity here. Gays and lesbians are NOT being prohibited from marrying - persons of the opposte sex. What they are being prohibited from doing is redefining marriage.

Actually, a good number of them don't even care about marriage of any kind. They just want to impose their perverted agenda on society beginning with public school children as early as kindergarten.

If the California Supreme Court judges decide to override the peoples' will by imposing this unnatural redefinition of marriage on the people of California, then the people should vote these justices out of office A.S.A.P. - and then continue to fight.

15 posted on 11/20/2008 1:21:30 PM PST by Sons of Union Vets (No taxation without representation!)
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To: Sons of Union Vets
Why wait for the inevitable? I'm a Californian and would be happy to recall them now!

If the California Supreme Court judges decide to override the peoples' will by imposing this unnatural redefinition of marriage on the people of California, then the people should vote these justices out of office A.S.A.P. - and then continue to fight.

16 posted on 11/20/2008 4:13:01 PM PST by XHogPilot
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To: XHogPilot

You are right on point. The California Supremes have no right to change the Constitution once amended.

The culture war went our way for once. Now it’s time to stay vigilant. Marriage is an institution that facilitates many things—traditional sexual mores being primary among those things. If some one has already abandoned those mores, as gays, by definition, have, then why embrace an institution that was developed by heterosexuals for heterosexuals? Traditional marriage (and expecially the fidelity and monogamy aspects) has never been consistent with gay values. Are we to believe that people who engage in sodomy (sorry, but that is the legally correct term for gay sex) are afraid of committing adultery?


17 posted on 11/22/2008 1:22:23 PM PST by Sue Mundy
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