Just heard on the radio that a gay Federal Judge just overturned Proposition 8.
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Prop 8 Has Been Overturned
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Prop 8 Has Been Overturned
Last edited by The Fourth Nephite; 08-04-2010, 04:23 PM."I'm going to go back to CUF now, where the censorship is less, the average IQ is higher, and we don't have to deal with so much of this nonsense. Goodbye." - SoonerCougTags: None
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Damn it! Its two months too late! We could have really used this when the Pac 10 was picking schools.Ain't it like most people, I'm no different. We love to talk on things we don't know about.
"The only one of us who is so significant that Jeff owes us something simply because he decided to grace us with his presence is falafel." -- All-American
GIVE 'EM HELL, BRIGHAM!
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Originally posted by LiveCoug View PostNot shocking.
It was a federal district judge, by the way, not the California Supreme Court.
This is a federal district judge - a trial court judge - who is trying to make law. Right now there is no Constitutional law precedent supporting such a ruling. Eventually the U.S. Supreme Court will have to decide it. If the Court decided the issue today it would probabaly be a 5-4 decision upholding Prop 8. I guess what the plaintiffs are hoping is that someone on the Supreme Court among the 5-member majority leaves (dies) and Obama gets to appoint a justice.
It's kind of interesting to contemplate a 5-4 U.S. Supreme Court decision finding a Constitutional right to same-sex marriage. The response to that would make the Roe v. Wade controversy look like a kids' birthday party. (Brown v. Board of Education and U.S. v. Nixon were 9-0. Bush v. Gore was 5-4.)Last edited by LA Ute; 08-04-2010, 02:00 PM.“There is a great deal of difference in believing something still, and believing it again.”
― W.H. Auden
"God made the angels to show His splendour - as He made animals for innocence and plants for their simplicity. But men and women He made to serve Him wittily, in the tangle of their minds."
-- Robert Bolt, A Man for All Seasons
"It is only with the heart that one can see rightly; what is essential is invisible to the eye."
--Antoine de Saint-Exupery
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I'm not suprised it was overturned. I feel bad for all the LDS in California that took crap for Prop 8. I know at least one guy lost his job over it."I'm going to go back to CUF now, where the censorship is less, the average IQ is higher, and we don't have to deal with so much of this nonsense. Goodbye." - SoonerCoug
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Originally posted by LA Ute View PostThe surprise would have been if the judge did not overturn Prop 8.
It was a federal district judge, by the way, not the California Supreme Court.
This is a federal district judge - a trial court judge - who is trying to make law. Right now there is no Constitutional law precedent supporting such a ruling. Eventually the U.S. Supreme Court will have to decide it. If the Court decided the issue today it would probabaly be a 5-4 decision upholding Prop 8. I guess what the plaintiffs are hoping is that someone on the Supreme Court among the 5-member majority leaves (dies) and Obama gets to appoint a justice.
It's kind of interesting to contemplate a 5-4 U.S. Supreme Court decision finding a Constitutional right to same-sex marriage. The response to that would make the Roe v. Wade controversy look like a kids' birthday party. (Brown v. Board of Education and U.S. v. Nixon were 9-0. Bush v. Gore was 5-4.)Part of it is based on academic grounds. Among major conferences, the Pac-10 is the best academically, largely because of Stanford, Cal and UCLA. “Colorado is on a par with Oregon,” he said. “Utah isn’t even in the picture.”
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Originally posted by LA Ute View PostIt's kind of interesting to contemplate a 5-4 U.S. Supreme Court decision finding a Constitutional right to same-sex marriage. The response to that would make the Roe v. Wade controversy look like a kids' birthday party. (Brown v. Board of Education and U.S. v. Nixon were 9-0. Bush v. Gore was 5-4.)"There is no creature more arrogant than a self-righteous libertarian on the web, am I right? Those folks are just intolerable."
"It's no secret that the great American pastime is no longer baseball. Now it's sanctimony." -- Guy Periwinkle, The Nix.
"Juilliardk N I ibuprofen Hyu I U unhurt u" - creekster
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Originally posted by Color Me Badd Fan View PostIt won't make it to the Supreme Court. The Ninth Circuit won't hesitate overrule this decision. The Ninth Circuit hates to be reversed by the Supreme Court.“There is a great deal of difference in believing something still, and believing it again.”
― W.H. Auden
"God made the angels to show His splendour - as He made animals for innocence and plants for their simplicity. But men and women He made to serve Him wittily, in the tangle of their minds."
-- Robert Bolt, A Man for All Seasons
"It is only with the heart that one can see rightly; what is essential is invisible to the eye."
--Antoine de Saint-Exupery
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Originally posted by Jeff Lebowski View PostYou think people feel more threatened by gay marriage than abortion? Yikes.“There is a great deal of difference in believing something still, and believing it again.”
― W.H. Auden
"God made the angels to show His splendour - as He made animals for innocence and plants for their simplicity. But men and women He made to serve Him wittily, in the tangle of their minds."
-- Robert Bolt, A Man for All Seasons
"It is only with the heart that one can see rightly; what is essential is invisible to the eye."
--Antoine de Saint-Exupery
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Originally posted by LA Ute View PostI hope you are right, but the Ninth hasn't shown much reluctance to be reversed (or has it? I haven't been watching them closely for a while).Part of it is based on academic grounds. Among major conferences, the Pac-10 is the best academically, largely because of Stanford, Cal and UCLA. “Colorado is on a par with Oregon,” he said. “Utah isn’t even in the picture.”
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BTW, here's a mediamatters.org column from five years ago about O'Reilly screwing with the viewing public by mentioning that the Ninth Circuit gets overturned at a higher clip than any other appellate court. They really served up a facial on O'Reilly by showing that the 1st, 2nd and 10th had higher reversal rates than the 9th.
It was also nice of them to show that chart with the total cases heard from each circuit and the reversal rates. I'm sure everyone feels great about the Ninth Circuit after seeing that the SC heard a grand total of nine cases from the 1st, 2nd and 10th Circuits combined compared to 19 cases for the Ninth Circuit alone. But hey, the 1st, 2nd and 10th Circuits had higher reversal rates! O'Reilly's full of shit. Who cares that the SC heard, on average, five cases from the other Circuits compared to 19 from the Ninth Circuit.
Thanks mediamatters for clearing that one up. It's great when you put Fox News in their place.
http://mediamatters.org/research/200512150016Part of it is based on academic grounds. Among major conferences, the Pac-10 is the best academically, largely because of Stanford, Cal and UCLA. “Colorado is on a par with Oregon,” he said. “Utah isn’t even in the picture.”
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Originally posted by Color Me Badd Fan View PostBTW, here's a mediamatters.org column from five years ago about O'Reilly screwing with the viewing public by mentioning that the Ninth Circuit gets overturned at a higher clip than any other appellate court. They really served up a facial on O'Reilly by showing that the 1st, 2nd and 10th had higher reversal rates than the 9th.
It was also nice of them to show that chart with the total cases heard from each circuit and the reversal rates. I'm sure everyone feels great about the Ninth Circuit after seeing that the SC heard a grand total of nine cases from the 1st, 2nd and 10th Circuits combined compared to 19 cases for the Ninth Circuit alone. But hey, the 1st, 2nd and 10th Circuits had higher reversal rates! O'Reilly's full of shit. Who cares that the SC heard, on average, five cases from the other Circuits compared to 19 from the Ninth Circuit.
Thanks mediamatters for clearing that one up. It's great when you put Fox News in their place.
http://mediamatters.org/research/200512150016
He was wrong to use the word "rate," but is charge against the 9th Circuit remains intact...
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I find many parts of the Judges opinion laughable:
A few excerpts:
"The evidence at trial regarding the campaign to pass Proposition 8 uncloaks the most likely explanation for its passage: a desire to advance the belief that opposite-sex couples are morally superior to same-sex couples. FF 79-80."
From that perspective, the judges reasoning leads to the opposite conclusion that she reached. See this:
The arguments surrounding Proposition 8 raise a question similar to that addressed in Lawrence, when the Court asked whether a majority of citizens could use the power of the state to enforce “profound and deep convictions accepted as ethical and moral principles” through the criminal code. 539 US at 571
The question here is whether California voters can enforce those same principles through regulation of marriage licenses. They cannot.
Tradition alone cannot support legislation
What is left is evidence that Proposition 8 enacts a moral view that there is something “wrong” with same-sex couples.
It's amazing what we let judges get away with.
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