Three lawsuits filed claiming prop 8 is an illegal amendment

nathansu

Banned
Quote from the article (lawyer from the firm representing a gay couple) :

"The magnitude here is that you are effectively rendering equal protection a nullity if a simple majority can so easily carve an exception into it," she said. "Equal protection is supposed to prevent the targeting and subjugation of a minority group by a simple majority vote."

This is going to get very interesting.

http://www.latimes.com/news/local/la-me-gaylegal6-2008nov06,0,220763.story
 
[quote name='Hex']I knew we'd fight back immediately after this shit happened. *cheers*[/quote]

Seriously.

fucking /dance
 
[quote name='spmahn']Boo hoo, sour grapes[/quote]

Damn that constitution of ours guaranteeing everyone equal rights! We should burn it!

It's less about sour grapes, and more about it being illegal.

More liberal bias, these damn facts and laws.
 
I kinda hope someone has a backup plan for this. Considering the possibility of Obama getting non-religious right judges into the Supreme Court (frankly, they're an insult to conservatism), they may find it unconstitutional on a federal level at a later date. Which would do a lot more good than causing more bitching about 'activist judges' (damn those judges, interpreting laws, protecting constitutions, doing their jobs!) in a state.
 
[quote name='gaxur']I kinda hope someone has a backup plan for this. Considering the possibility of Obama getting non-religious right judges into the Supreme Court (frankly, they're an insult to conservatism), they may find it unconstitutional on a federal level at a later date. Which would do a lot more good than causing more bitching about 'activist judges' (damn those judges, interpreting laws, protecting constitutions, doing their jobs!) in a state.[/quote]

In which case, I hope I'd be able to thank the Yes on 8 people for getting gay marriage approved at the federal level.

That would make my fucking decade.
 
I'd like to officially thank all the No on Prop 8 supporters for participating in the 2008 election. More importantly I'd like thank Gavin Newsom and the Black community for tipping the vote towards the Yes side.

Guys it's game over. The people have spoken and the constitution will be changed. Have some honor in defeat.
 
[quote name='BigT']I'd like to officially thank all the No on Prop 8 supporters for participating in the 2008 election. More importantly I'd like thank Gavin Newsom and the Black community for tipping the vote towards the Yes side.

Guys it's game over. The people have spoken and the constitution will be changed. Have some honor in defeat.[/QUOTE]
Pot, kettle. When the CA Supreme Court overturned the decision as unconstitutional the first time, everyone who voted in favor cried "I'm being oppressed!" and got it back on the ballot AGAIN.

On May 15, 2008 the California Supreme Court, by a vote of 4–3, ruled that the statute enacted by Proposition 22 and other statutes that limit marriage to a relationship between a man and a woman violated the equal protection clause of the California Constitution. It also held that individuals of the same sex have the right to marry under the California Constitution.

On June 4, 2008, the California Supreme Court denied a petition to stay its In re Marriage Cases order pending the upcoming vote on Proposition 8.[19] As of June 17, 2008, marriages between individuals of the same sex were considered valid and recognized in the state of California. A UCLA study estimated that 18,000 same-sex couples married between then and early November, 2008.

If limiting marriage to a relationship between a man and a woman was unconstitutional, supporters decided they'd just change the constitution so their little agenda could be "legal".
 
[quote name='BigT']Guys it's game over. The people have spoken and the constitution will be changed. Have some honor in defeat.[/quote]

Not on your fucking life. We're done submitting to this bullshit.
 
[quote name='JJSP']Pot, kettle. When the CA Supreme Court overturned the decision as unconstitutional the first time, everyone who voted in favor cried "I'm being oppressed!" and got it back on the ballot AGAIN.

If limiting marriage to a relationship between a man and a woman was unconstitutional, supporters decided they'd just change the constitution so their little agenda could be "legal".[/quote]

Um... prop 22 was passed by a 61% majority of millions of Californians. Then 7 judges looked at it and 4 of them made the subjective decision that it was unconstitutional. I disagree with their assessment because homosexual do have equal protection in that they are already bound by exactly the same regulations that apply to heterosexuals. In legalizing homosexual marriage, we are making a new exception for the definition of marriage. Thus the equal protection clause should not apply.

Last time I checked we live in a democracy...
 
[quote name='Hex']Not on your fucking life. We're done submitting to this bullshit.[/quote]

Go out there and start yelling that because it'll help the cause... it worked so well for my favorite mayor from San Fran... if you want to blame someone, blame him... you guys were winning until he opened his fat mouth.
 
[quote name='BigT']Um... prop 22 was passed by a 61% majority of millions of Californians. Then 7 judges looked at it and 4 of them made the subjective decision that it was unconstitutional. I disagree with their assessment because homosexual do have equal protection in that they are already bound by exactly the same regulations that apply to heterosexuals. In legalizing homosexual marriage, we are making a new exception for the definition of marriage. Thus the equal protection clause should not apply.

Last time I checked we live in a democracy...[/QUOTE]
Democracy and majority rule also applies to Supreme Court judges.

Separate is not equal. If someone told you that you couldn't marry the person you love, you'd get pissed too.
 
[quote name='BigT']Go out there and start yelling that because it'll help the cause... it worked so well for my favorite mayor from San Fran... if you want to blame someone, blame him... you guys were winning until he opened his fat mouth.[/quote]

And if someone took your rights away, you'd just pop open a beer and turn on Letterman?

Get over yourself.
 
[quote name='BigT']In legalizing homosexual marriage, we are making a new exception for the definition of marriage.[/QUOTE]

That's where you're incorrect. If this were true, then you wouldn't be amending the constitution to define marriage as solely between a man and a woman. If that were already there, THEN allowing same sex marriages would be "making a new exception."

[quote name='BigT']Last time I checked we live in a democracy...[/QUOTE]

help-wanted-jim-crow.jpg


Last time I checked, *he* lived in a democracy, too.

And so did this man's grandparents, who didn't have it "as good" as he did. If it weren't for that activist executive, overturning the will of the people without a representative vote. The Emancipation Proclamation was not passed by a public vote, and therefore it is not the result of your exalted democracy.

All democracies. Your unwillingness to be introspective, and your attribution of your side's success to Newsom, suggests you belong right at home in the Republican party, who can neither accept responsibility for your failures, nor even entertain the idea of looking internally in the first place.
 
[quote name='nathansu']Damn that constitution of ours guaranteeing everyone equal rights! We should burn it!

It's less about sour grapes, and more about it being illegal.

More liberal bias, these damn facts and laws.[/quote]

The US Constitution does not guarantee equal rights you know. They tried passing an amendment (dubbed the Equal Rights Amendment) I think 2 or 3 decades ago that would've done that, but it didn't get 3/4 state approval.

The main concerns of it if I recall was women being involved in military combat.
 
[quote name='mykevermin']That's where you're incorrect. If this were true, then you wouldn't be amending the constitution to define marriage as solely between a man and a woman. If that were already there, THEN allowing same sex marriages would be "making a new exception."



help-wanted-jim-crow.jpg


Last time I checked, *he* lived in a democracy, too.

And so did this man's grandparents, who didn't have it "as good" as he did. If it weren't for that activist executive, overturning the will of the people without a representative vote. The Emancipation Proclamation was not passed by a public vote, and therefore it is not the result of your exalted democracy.

All democracies. Your unwillingness to be introspective, and your attribution of your side's success to Newsom, suggests you belong right at home in the Republican party, who can neither accept responsibility for your failures, nor even entertain the idea of looking internally in the first place.[/quote]

Your comparison to the civil rights movement for blacks lacks parallelism.

At the current time, if a homosexual man marries a man, it will not be recognized. Similarly, if a heterosexual man marries a man, it will not be recognized. Both homosexuals and heterosexuals will, however, have marriages recognized to members of the opposite sex. That's equality!

In the case of discrimination against blacks, blacks were not allowed access to opportunities afforded to whites. E.g., a black man could not get the same job as a white man or could not use the same facilities. That is unequal!

Going back to the case of homosexual marriage, in keeping with the equal protection clause, we already have equality (i.e., all people are allowed to marry one member of the opposite phenotypic gender). Granting homosexual marriage would create a new category, broadening the scope of marriage rather than enforcing equality. I believe that such a decision should be left up to the local community in a democratic society and is not a matter of basic rights.

BTW, I noticed that this forum is even more liberal than San Francisco. They voted no 76.5 - 23.5. Here is was 83-17!
 
[quote name='BigT']At the current time, if a homosexual man marries a man, it will not be recognized. Similarly, if a heterosexual man marries a man, it will not be recognized. Both homosexuals and heterosexuals will, however, have marriages recognized to members of the opposite sex. That's equality![/quote]

You seriously think it's equality to tell a gay person they can marry someone of the opposite gender?

Welcome to Lack-A-Clue City, population: you. :roll:
 
[quote name='BigT']Your comparison to the civil rights movement for blacks lacks parallelism.

At the current time, if a homosexual man marries a man, it will not be recognized. Similarly, if a heterosexual man marries a man, it will not be recognized. Both homosexuals and heterosexuals will, however, have marriages recognized to members of the opposite sex. That's equality![/quote]

So, using the same logic (as they did), laws against interracial marriage are cool then? Awesome!
 
You failed to respond to my accusation that your suggestion that we're "making an exception for the new definition of marriage." You're wrong there, were called on it, and simply let it lie.

[quote name='BigT']Your comparison to the civil rights movement for blacks lacks parallelism.

At the current time, if a homosexual man marries a man, it will not be recognized. Similarly, if a heterosexual man marries a man, it will not be recognized. Both homosexuals and heterosexuals will, however, have marriages recognized to members of the opposite sex. That's equality!

In the case of discrimination against blacks, blacks were not allowed access to opportunities afforded to whites. E.g., a black man could not get the same job as a white man or could not use the same facilities. That is unequal![/quote]

Sure. And the colored fountains were just as nice as the white fountains. It doesn't matter if you *want* to use the colored fountain or not, just know that you have one. Separate but equal if, in your mind, still equal!

Whether or not you wanted to attend a white school, you still had colored schools to attend. That's equal, in your view.

Your logic was hastily built after the fact of this proposition in order to build a philosophical mud hut of "equality," but it's lazy, it's wrong, and you know it. It's a lousy talking point that someone who likes who likes to brandish their MD around as a means of pitiful defense against scrutiny should know better than to use.

If you *MERELY* consider the changing motives for marriage in society, you'll see that sexuality is inherently one of those things. No matter how many "haw haw people don't have sex after marriage" jokes you can think of. Marriage and sex are intimately linked. Undeniably linked.

Like procreation. Or the option of procreation. The choice of marriage to procreate is there or not; so the gay person can marry someone of the opposite sex if they highly value children that much.

But you either want people to lie about their sexuality to themselves, their spouses, and the world (and since you worship at the altar of Alan Keyes I'm guessing that having society go back in the closet IS your ultimate goal), or have some sort of awkward need for a functional look at marriage.

Not "I love you," but "your ability to help reproduce fascinates me," or "I heart your investments." You give one category of people THE CHOICE (since we are free) to marry for love, for reproduction, for wealth, for decades of hot fucking, for a record collection, or for a cheeseburger.

But you want to LIMIT THOSE CHOICES (you want to inhibit those freedoms) for another group of people, and hide behind this pitifully lazy excuse you've culled from the "here's what an idiot tries to use" talking point.

But, in the end, I'll settle for a tiny victory, since you've lazily dodged the very point that you didn't defend that your side's need to amend the language to BEGIN defining marriage as "man/woman" is an implicit admittance that you were wrong about your lazy claim that gay marriage would require "the exception."

Here's what you ignored:

gay marriage = NO constitutional change necessary
no gay marriage = YES constitutional change necessary

And you have the audacity to LIE and suggest that black is white and up is down here! You should be ashamed. Or learn to argue in a more proper manner.
 
[quote name='BigT']Um... prop 22 was passed by a 61% majority of millions of Californians. Then 7 judges looked at it and 4 of them made the subjective decision that it was unconstitutional. I disagree with their assessment because homosexual do have equal protection in that they are already bound by exactly the same regulations that apply to heterosexuals. In legalizing homosexual marriage, we are making a new exception for the definition of marriage. Thus the equal protection clause should not apply.

Last time I checked we live in a democracy...[/quote]

Last time I checked even issues that are put on the ballot are subject to existing law.

Your logic unit is broken.
 
So I've decided to start collecting signatures so that only marriages between a man and a man or a woman or a woman are recognized by California law.

All prior marriages between a man and woman will be nullified (including my own). You will be inferior to your homosexual counterparts.
 
I going to make a lawsuit that says I can self identify as any ethnicity I want.

Don't take away my right to make organizations treat me the way I want.

I was born with the wrong skin color.
 
[quote name='militantatheistaphob']I going to make a lawsuit that says I can self identify as any ethnicity I want.

Don't take away my right to make organizations treat me the way I want.

I was born with the wrong skin color.[/quote]

Failtroll fails.
 
[quote name='JJSP']http://media.myfoxla.com/live/

If you've got Windows Media Player, Fox News is streaming the happenings in LA right now.[/quote]


Gay people marching is it called a Parade?

In all seriousness I don't blame them, I'd be pissed too if someone told me I couldn't marry my wife. As I heard on the radio, people against gay marriage have lost, they just don't know it. They'll be on the wrong side of history.
 
It's not about creating a new kind of marriage. It's just saying that you can marry the one person that you love, trust, and cherish more than anyone else on the planet. How can you be against that?
 
[quote name='depascal22']It's not about creating a new kind of marriage. It's just saying that you can marry the one person that you love, trust, and cherish more than anyone else on the planet. How can you be against that?[/quote]

Cuz two dudes kissing is nasty!

I honestly think that disgust is a big part of it, but I can see where super religious people are perfectly fine with denying someone that because they think God says they shouldn't exist. When you have the mindset that some things are wrong regardless of whether or not they have any negative impact then you're not exactly thinking about what it is that you're really denying your fellow human beings (a few legal rights, a public representation of love for one another, and a basis for a family).
 
[quote name='RAMSTORIA']of all the things that will help the cause, that is not one of them.[/quote]

Why do you think so? I didn't start it, I just linked to it this morning.
 
[quote name='RAMSTORIA']because online petitions are about as useful as an ounce of dirt.[/quote]

The online petitions for impeachment sent around by Kucinich actually got the idea some press coverage.

Guess that's useless, though.
 
[quote name='RAMSTORIA']because online petitions are about as useful as an ounce of dirt.[/quote]

Oh absolutely. However, I'm hoping maybe some enterprising lawyer picks up on it and maybe takes it to a level where there could be something to it.
 
[quote name='nathansu']The online petitions for impeachment sent around by Kucinich actually got the idea some press coverage.

Guess that's useless, though.[/QUOTE]

yeah lot of good that did...

[quote name='Hex']Oh absolutely. However, I'm hoping maybe some enterprising lawyer picks up on it and maybe takes it to a level where there could be something to it.[/QUOTE]

what level do you expect an online petition to go to? there are already lawsuits against prop 8, at this point its sit back and enjoy the show.
 
[quote name='RAMSTORIA']yeah lot of good that did...[/quote]

He had been yelling about impeachment for years. What got it actual coverage was the signatures.

Without petition = no coverage. With = coverage. Pretty simple.
 
[quote name='nathansu']He had been yelling about impeachment for years. What got it actual coverage was the signatures.

Without petition = no coverage. With = coverage. Pretty simple.[/QUOTE]

again. lot of good that did.

this already had plenty of coverage. an online petition with a goal of 5,000 signatures wont make a bit of a difference.
 
I like the way that conservatives like to act like the constitution is the most precious thing we have, something to cherish, something to uphold, something to look to for guidance. Yet as soon as they dont agree with it all of a sudden we should change the constitution.

The people of a few states have voted to change their constituion yet on a federal level we know this is wrong. So which is it? Is the constitution somethign we are meant to cheris and uphold at all costs? Or is it something we are allowed to change every year if we dont like it? If we can change it every year then doesnt it essentially make it useless?

Honestly guys, grow up. This is why the Republican party is failing, because your not only always 20 years behind but also willing to change your morals and beliefs to fit your whims in the moment......and everyone is getting sick of it. 20 years from now gays will be getting married and we will look back on this the same way we did the treatment of blacks or disabled people.

Liberals are supposed to be the ones without principles......but 1 thing you can say. Regardless of if our principles and beliefs are right or wrong......atleast we dont change them every 5 mins to fit our biases.
 
In the end all that matters is the couples are right; it's an illegal ammendment and is simply not fair. Didn't we learn anything from women's suffrage and the civil rights movement?

They need to get this on paper; online petitions are useless.
 
msi, you rant fails.

i can only hope the supreme courts rules in favor of seperation of church and state, not in favor of gay marriage. and levels the playing field so everyone has civil unions.
 
[quote name='MSI Magus']always 20 years behind[/quote]

That is wholly untrue.

Multiply that by three, and you're set. ;)
 
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