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  1. #1
    Resistance is futile.

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    Default California's Top Court Overturns Same-Sex Marriage Ban

    SAN FRANCISCO — The California Supreme Court overturned a ban on gay marriage Thursday, calling such a prohibition unconstitutional and paving the way for California to become the second state where gay and lesbian residents can marry.
    In the 4-3 decision, Chief Justice Ron George wrote for the majority that domestic partnerships are not a good enough substitute for marriage.
    In striking down the ban, the court said, "In contrast to earlier times, our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation, and, more generally, that an individual's sexual orientation — like a person's race or gender — does not constitute a legitimate basis upon which to deny or withhold legal rights."

    FOXNews.com - California's Top Court Overturns Same-Sex Marriage Ban - Politics | Republican Party | Democratic Party | Political Spectrum

    In this decision, the California Supreme Court ignored the voices of millions of voters who stand against homosexual marriage. In March of 2000, 61% of the state voted to ratify Proposition 22, the California Defense of Marriage Act. This defined marriage as a contract specifically "between a man and a woman."

  2. #2
    I Am Rocking Now

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    Default Re: California's Top Court Overturns Same-Sex Marriage Ban

    It's Adam and Eve - not Adam and Steve!!!!!!

  3. #3
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    Default Re: California's Top Court Overturns Same-Sex Marriage Ban

    I agree, but the thing that ticks me off more is the people voted and the court decided to do what they wanted to do.

  4. #4
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    Default Re: California's Top Court Overturns Same-Sex Marriage Ban

    I say good for CA. Who cares what people do in their bedrooms, and who are we to judge? If two consenting adults want to get married, why not?

  5. #5
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    Default Re: California's Top Court Overturns Same-Sex Marriage Ban

    Quote Originally Posted by UAW Local 2322 VP View Post
    I say good for CA. Who cares what people do in their bedrooms, and who are we to judge? If two consenting adults want to get married, why not?
    I am not going to even discuss that issue. My bigger problem is the court did what they wanted and ignored the peoples vote. All Americans should be outraged at this. Forget the issues for a moment and consider what the court did.

  6. #6
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    Default Re: California's Top Court Overturns Same-Sex Marriage Ban

    The role of the court is to check the power of the legislature and to ensure that the laws passed by them (or in this case through voter referendum) jive with the intent of previous laws. It is a murky field, law that is, as all of us who deal with Labor Law constantly know. It is a changing animal from year to year. Just look at how the NLRB acts when new judges are appointed. Granted, Labor Law is different when compared to other laws, but I think the comparison is valid.

    Courts constantly do this. Laws and ruling are constantly challenged, appealed, overruled, overturned, amended, and repealed. This is a symptom of our judiciary system, and the system of checks and balances that ensures the functioning of our democracy.

    But I agree in principle with you, Teamster. The will of the voters, in a perfect democracy would trump all other considerations. But, unfortunately, we do not have direct democracy in America, because those in power are to afraid of it, and because it is difficult to sustain on the grassroots level because of the burnout factor. So... we play the hand that is dealt us, at least for now.

  7. #7
    "Finally"

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    Default Re: California's Top Court Overturns Same-Sex Marriage Ban

    Voter referendums usually are not binding, nor should they be. If left entirely up to the voters, some things we take for granted today wouldn't be. We would still have slavery if a referendum was taken in the 1860's, women still wouldn't have the right to vote if a referendum was taken in the 1920's. Even the vote itself would be limited to male property owners. Gay marriage by definition is limited to civil ceremonies, since churches have always had the right to decide who is married in the church, and who isn't. By extension, marriages performed by the state are not "religious" ceremonies and are not in the sphere of churches to accept. States have the obligation to treat all taxpayers equally, and the tax breaks and other benefits afforded to whomever the states decide is "married" are also not for churches to decide.
    Besides, let gays learn the wonderful benefits of divorce, alimony, child support, and community property! What makes them so special that they shouldn't be subjected to these?

  8. #8
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    Default Re: California's Top Court Overturns Same-Sex Marriage Ban

    Quote Originally Posted by egambino View Post
    Voter referendums usually are not binding, nor should they be. If left entirely up to the voters, some things we take for granted today wouldn't be. We would still have slavery if a referendum was taken in the 1860's, women still wouldn't have the right to vote if a referendum was taken in the 1920's. Even the vote itself would be limited to male property owners. Gay marriage by definition is limited to civil ceremonies, since churches have always had the right to decide who is married in the church, and who isn't. By extension, marriages performed by the state are not "religious" ceremonies and are not in the sphere of churches to accept. States have the obligation to treat all taxpayers equally, and the tax breaks and other benefits afforded to whomever the states decide is "married" are also not for churches to decide.
    Besides, let gays learn the wonderful benefits of divorce, alimony, child support, and community property! What makes them so special that they shouldn't be subjected to these?
    Well put egambino!

  9. #9
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    Default Re: California's Top Court Overturns Same-Sex Marriage Ban

    Quote Originally Posted by egambino View Post
    Voter referendums usually are not binding, nor should they be. If left entirely up to the voters, some things we take for granted today wouldn't be. We would still have slavery if a referendum was taken in the 1860's, women still wouldn't have the right to vote if a referendum was taken in the 1920's. Even the vote itself would be limited to male property owners. Gay marriage by definition is limited to civil ceremonies, since churches have always had the right to decide who is married in the church, and who isn't. By extension, marriages performed by the state are not "religious" ceremonies and are not in the sphere of churches to accept. States have the obligation to treat all taxpayers equally, and the tax breaks and other benefits afforded to whomever the states decide is "married" are also not for churches to decide.
    Besides, let gays learn the wonderful benefits of divorce, alimony, child support, and community property! What makes them so special that they shouldn't be subjected to these?
    I am going out on a limb here, but if you believe what you say then why vote if a court can decide to change it? Who should decide what to change?

  10. #10
    "Finally"

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    Default Re: California's Top Court Overturns Same-Sex Marriage Ban

    I'm just saying that voter referendums are not binding, in any state to my knowledge. You can vote in them, but they mean nothing insofar as their impact on Judicial review. These Judges do not just pull these decisions out of thin air, no matter how it looks. Walk into any law library, there are multitudes of volumes of case law that has to be consulted and pored over in order to reach a decision. Back in the early 1980's, I did legal research for a law firm in Manhattan. Basically what I did was what a paralegal does now, only they make way more money than I did. Each state has a yearly set of case law books that look something like a couple of sets of encyclopedias on steroids. That's not counting the Federal volumes. Courts change laws in relation to previous court decisions in either their jurisdiction or Federally. Referendums are nothing more than a snapshot in time of voter opinions.

 

 

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