Posted on 01/31/2010 9:12:32 AM PST by SmithL
The federal trial on the constitutionality of California's gay marriage prohibition, which voters passed in 2008, has been more a sociological and philosophical debate than a traditional evidentiary hearing.
The testimony and the opposing lawyers' arguments so far boil down to this: Some folks believe that same-sex couples should have the constitutional right to marry, and other folks deny there is such a right.
The debate is more philosophical than legal because this is virgin territory for the federal courts, no pun intended. Ultimately, it boils down to the personal views of the judges who will pass judgment as the case makes it way through the federal courts, even if they couch their decisions in dense legalese – and perhaps just one judge's views.
Gay marriage advocates may have hoped that challenging Proposition 8 in liberal San Francisco would give them an edge, but the case landed with Vaughn Walker, the chief district court judge who was appointed to the bench by Republican President George H.W. Bush two decades ago (after an earlier nomination was blocked by gay rights groups).
Walker has given no overt indication of how he leans. But regardless of what he decrees, the case is headed up the ladder to the decidedly liberal 9th U.S. Circuit Court of Appeals and then the U.S. Supreme Court. And if it makes it that far, Justice Anthony Kennedy may have the last word on whether barring same-sex couples from marrying is, indeed, a violation of their constitutional rights.
(Excerpt) Read more at sacbee.com ...
The People of California have spoken. No one person should have the power to overturn the will of the People after the vote.
The fools are not married in God’s eyes..
The "ballot initiative" process is a relic from the "progressive" era and is an asinine and anti-republican practice, an affront to the Republic that was created in 1787.
Let’s hope it goes all the way to the Roberts court, so we can score a victory for the 10th Amendment.
But the ballot initiative makes law in California. The People voted for an amendment to the California Constitution. (paraphrase) In California, marriage is the union of one man and one woman.
In this case, it is true, as it was an amendment to the constitution. In most cases, I have very little sympathy for Cali voters who elect leftists who go against their own interests/values. Methinks the “ethnic voters” are a problem in terms of social conservatism vs. political liberalism (ie voting not on values, but on bennies/the addressing of ethnic grievences, etc).
Motor-voter changed the political landscape in California. Those voting for bennies only have to tick a box on their DMV application that says, ‘I am eligble to vote’ and they are registered. After this law was enacted the Republicans have had serious trouble being elected.
"Show me just what Mohammed brought that was new, and there you will find only things evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelogus
California gay marriages may hinge on one man...
and one woman.
As a child of divorce, I can tell you that not having stable marriages HURTS the kids.
As a child of divorce, I can tell you that not having stable marriages HURTS the kids.”
As a child of parents who ‘stayed together for the sake of the children”, that method doesn’t work either.
Never could keep their fights to themselves.
Drama was always on tap, able to break out at a moment’s notice.
Nither could agree with the other- so the game of ping-pong permission requests went back & forth until we got the answer we wanted.
We kids were always caught in the middle
No one could understand why I didn’t want to waste the time to attend my mother’s funeral.
But we voted OVERWHELMINGLY to withhold all state services excluding life or death medical care to illegal aliens. It was immediately declared unconstitutional and look at us today.
LOL! Nonsense. Walker is rumored to be a homosexual. He's been openly hostile toward the folks defending Prop 8. He's all but declared that he is going to overturn Prop 8. He's a raving maniac and the media is trying to paint him as a balanced jurist.
Deviant Walker has ruled in favor of homosexuals on every case involving homosexuals that have been before him.
Walker is rumored to be a homosexual. There is no doubt which way he leans.
Silly me. I thought it boils down to a democratic process where millions of people get to choose, not one man.
-PJ
Any chance the federal courts will turn this down, maybe the supremes, on the basis that it’s a state issue which was dealt with by the state supreme court?
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