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Important Prop. 8 Ruling Today

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  • #16
    Originally posted by Jacob View Post
    Looks like a 2-1 decision. I haven't seen details.
    N.R. Smith dissented. You can read the whole opinion and dissent here:

    http://documents.latimes.com/proposi...onstitutional/
    Ain't it like most people, I'm no different. We love to talk on things we don't know about.

    Dig your own grave, and save!

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    GIVE 'EM HELL, BRIGHAM!

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    • #17
      I hope we get out of our "active" role of fighting this. Let the Catholics and evangelicals take the lead.

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      • #18
        Out of curiosity, what is CUF's 'Unofficially Official Position' (majority position) on gay marriage and Prop 8? I suspect there is a diversity of opinions, and will admit that my own stance has evolved greatly over time.

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        • #19
          The LA Times has the whole ruling here.

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          • #20
            Originally posted by byu71 View Post
            I hope we get out of our "active" role of fighting this. Let the Catholics and evangelicals take the lead.
            not me. I'm ready to hit the phone banks and freeway overpasses.
            Fitter. Happier. More Productive.

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            • #21
              Originally posted by falafel View Post
              N.R. Smith dissented. You can read the whole opinion and dissent here:

              http://documents.latimes.com/proposi...onstitutional/
              128 pages?!? Here is the short version...

              "If there is one thing I am, it's always right." -Ted Nugent.
              "I honestly believe saying someone is a smart lawyer is damning with faint praise. The smartest people become engineers and scientists." -SU.
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              GIVE 'EM HELL, BRIGHAM!

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              • #22
                Originally posted by Sleeping in EQ View Post
                Randy Smith takes the bullet for Mitt Romney.
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                "I only know what I hear on the news." - Dear Leader

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                • #23
                  I guess this all comes down to what Justice Kennedy will do.
                  If we disagree on something, it's because you're wrong.

                  "Somebody needs to kill my trial attorney." — Last words of George Harris, executed in Missouri on Sept. 13, 2000.

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                  • #24
                    Sounds like there will be more appeals and all 11 (or is it 9?) on the court will hear the case now...(or whenever they get around to it).
                    "They're good. They've always been good" - David Shaw.

                    Well, because he thought it was good sport. Because some men aren't looking for anything logical, like money. They can't be bought, bullied, reasoned, or negotiated with. Some men just want to watch the world burn.

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                    • #25
                      Originally posted by falafel View Post
                      N.R. Smith dissented. You can read the whole opinion and dissent here:

                      http://documents.latimes.com/proposi...onstitutional/
                      Awesome. So far it quotes Groucho Marx and mentions a Jumbotron.

                      So as I understand it from glancing over the ruling, Prop 8 established 'domestic partnerships' as being the full legal equivalent of 'marriage', but only lacking the word 'marriage'. Is this correct? This whole kerfluffle is simply over the use of the word 'marriage', when it is identical in every other way?

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                      • #26
                        Originally posted by NorthwestUteFan View Post
                        Awesome. So far it quotes Groucho Marx and mentions a Jumbotron.

                        So as I understand it from glancing over the ruling, Prop 8 established 'domestic partnerships' as being the full legal equivalent of 'marriage', but only lacking the word 'marriage'. Is this correct? This whole kerfluffle is simply over the use of the word 'marriage', when it is identical in every other way?


                        No, prop 8 removed marriage rights for same-sex couples, which had been granted recently. The ruling states that same-sex couples already had all rights except the marriage label so the only thing that prop 8 did is remove the right to that label for no other reason than that they are same-sex. Hence discriminatory.
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                        • #27
                          I really don't understand how appeals work. Is there a link somewhere so I can learn about this process without having to sort through all the legalese? How does it escalate up the appeals ladder? I am being serious btw.

                          Thinking about it all is pretty interesting to me. We have a popular vote where the majority decides one thing. The minority vote appeals and one judge overturns the majority vote. Which then gets appealed and now 3 judges decide? And now there will be another appeal where more judges decide if the previous ruling of the previous ruling of the previous ruling is valid?
                          Last edited by Surfah; 02-07-2012, 11:01 AM.
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                          • #28
                            It's time to get this to the SCOTUS and get this over with once and for all.
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                            • #29
                              I don't have time to read the 128-page opinion at the moment, but I note that Judge Smith concurred in part and dissented in part. He agreed with the majority that "the Motion to Vacate the Judgment" should be denied.

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                              • #30
                                Originally posted by Jeff Lebowski View Post


                                No, prop 8 removed marriage rights for same-sex couples, which had been granted recently. The ruling states that same-sex couples already had all rights except the marriage label so the only thing that prop 8 did is remove the right to that label for no other reason than that they are same-sex. Hence discriminatory.
                                Wait, I thought Prop 8 was over actual rights, not just a label for a contractual relationship. What was the whole hullabaloo over hospital visitation rights, adoption rights, etc.?
                                "Discipleship is not a spectator sport. We cannot expect to experience the blessing of faith by standing inactive on the sidelines any more than we can experience the benefits of health by sitting on a sofa watching sporting events on television and giving advice to the athletes. And yet for some, “spectator discipleship” is a preferred if not primary way of worshipping." -Pres. Uchtdorf

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