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Speak Outs - Do gay marriage bans violate the Constitution's equal ...
Speak Out. Do gay marriage bans violate the Constitution's equal protection clause? When the California Supreme Court ruled in 2008 that same-sex marriage ...
Same-Sex Marriage Foes Seek Reversal of Ruling by Gay Judge ...
... California are asking a federal appeals court to throw out a judge’s ruling that struck down the state’s gay marriage ban ... violates constitutional ... court rules ...
Gay Marriage Trial Video Can’t Be Made Public, Court Rules
2 (Bloomberg) -- A video recording of the nation’s first federal trial over whether it’s legal to ban same-sex couples from marrying must remain secret, a U.S. appeals court ... 8 amended California’s constitution to say marriage is ...
Ninth Circuit Will Rule Tomorrow on Prop 8 Constitutionality; Watch Video Replay of Oral Arguments
Proposition 8 and the denial of a motion to vacate the lower court ... overturn Californias same-sex marriage ban because it violated the Equal Protection Clause of the U.S. Constitution. (Read that decision here.) It will also rule on Prop ...
Court won't release CA gay marriage trial - News from The ...
19 hours ago ... Ruling near on California same-sex marriage ban ... thinks California's same-sex marriage ban violates the civil rights of gays and ... Walker presided over the first trial in federal court to examine if same-sex couples have a constitutional right to ... "The notice appears to indicate that the panel will rule on the ...
Tart Questions at Same-Sex Marriage Trials Closing
SAN FRANCISCO -- Lawyers made their closing arguments in the federal trial over the legality of Californias ban on same-sex marriage on Wednesday, framing the issue as a war between the civil rights of gay men and lesbians and the traditional understanding and role of marriage. And tradition seemed on the losing end of the argument. Vaughn R. - By JESSE McKINLEY
Prop 8: California appeals court to rule on same-sex marriage – live ...
2 hours ago ... Prop 8: California appeals court to rule on same-sex marriage – live ... Prop 8 ban on same-sex marriage violates the federal constitution.
Gay marriage opponents right to defend ban may be decided by ...
... has asked the California Supreme Court to rule on whether the groups that put California’s ban on gay marriages ... ruled that the ban violates the U.S. Constitution ...
NPR.org » Calif.s Prop 8 Ban On Same-Sex Marriages Ruled ...
Our original post -- "U.S. District Court Expected To Rule On California Same-Sex Marriage Ban Today": ... so-called Proposition 8 ban on such unions violates the Constitution ...
NATIONAL BRIEFING
WEST California: Court Rules Against Cross A federal appeals court has ruled that a San Diego war memorial cross in a public park is unconstitutional. The United States Court of Appeals for the Ninth Circuit issued the 3-to-0 decision Tuesday in a two-decade dispute over the cross at Mount Soledad, saying the cross conveys a message of government - By THE ASSOCIATED PRESS
Ninth Circuit Set to Rule on Prop. 8 Constitutionality
Concerned about safety, the city of Santa Rosa wont allow the new $28 million Roseland Creek school to open until a sidewalk is installed along the narrow road to campus. Theres no sidewalk now because the redevelopment funding to build it fell through ...
Gay Marriage Foes Can Defend California Ban, State Supreme Court Rules
... of California’s Proposition 8 ban on gay marriage ... Gay Marriage Foes Can Defend California Ban, State Supreme Court Rules ... constitution to say that marriage is ...
In re Marriage Cases - Wikipedia, the free encyclopedia
Currently, the California Family Code states: “Marriage is a personal relation ... unconstitutional the previously existing statutory ban on same-sex marriage .... to the court, the majority engages in faulty constitutional analysis and violates the ...
Calif. same-sex marriage ban violates Constitution, appeals court finds
Calif. same-sex marriage ban violates Constitution, appeals court finds. CNN. California's voter-approved ban on same-sex marriage violates the U.S. Constitution, a federal appeals court in San Francisco ruled Tuesday.
Judge overturns Calif. gay marriage ban - US news - Life - msnbc.com
... down a California ban on same-sex marriage. ... gay marriages in California five months after the state Supreme Court ... 8 violates the US Constitution s ...
Prop 8, California's Same-Sex Marriage Ban, Declared ...
A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled 2-1 Tuesday that a lower court judge interpreted the U.S. Constitution correctly in 2010 when he declared the ban, known as Proposition 8, to be a violation of ... Supporters and opponents of California's ban on same-sex marriages were anxiously awaiting a federal appeals court decision Tuesday on whether the voter-approved measure violates the civil rights of gay men and lesbians.
Calif. same-sex marriage ban violates Constitution, appeals court ...
California's voter-approved ban on same-sex marriage violates the U.S. Constitution, a federal appeals court in San Francisco ruled Tuesday. Voters had passed Proposition 8, a measure to ban same-sex marriages in California, with 52% of the vote in 2008. ... Italian cruise ship captain must remain under house arrest, judge rules. on.cnn.com/Aufytw. 10:09 am ET February 7, 2012. RETWEET » · Follow us on Twitter · @cnnbrk · Follow; Followers: 6318979 ...
Appeals court set to rule on public release of videos from Calif ...
... of Californias same-sex marriage ban. The 9th U.S. Circuit Court ... to rule on public release of videos from Calif. same-sex marriage ban ... violates their constitutional ...
How does Proposition 8 NOT Violate Equal Protection Clause of Californias Constitution?
Alright, Im very much into law but there are some things I dont understand fully. Please read the full thing before answering, thanks.
In 2008, by 4-3, the Supreme Court of California threw out the ban on same-sex marriage. I know they were dealing with Statutory law (307.5 + Prop 22), and I understand this time its a Constitutional Amendment, which there is a big difference.
However, in the 2008 decision, the CA Supreme Court legalized same-sex marriage, and gave the Equal Protection clause as a reason why. I know they said in the 2009 ruling that theres still equality since there are domestic partnerships. However, thats not what they said in 2008. I know, once again, its under different circumstances -- but that leads me to 2 questions:
1) It still wouldnt be a revision if CA voters were forced to vote on a ban on Domestic Partnerships. Given that it wouldnt be a revision, if Prop 8 can sit in the constitution w/Equal Protection, than couldnt a ban on Domestic Partnerships sit in the constitution w/Equal Protection beside it too?.
Either way, why would it have been sooo difficult to see the 2 clauses as inconsistent with another. Take 2 judges on the Massachusetts Supreme Court For example, when the Massachusetts Supreme Court ruled 7-0 a few years ago that a gay marriage ban could be placed on the ballot without reversing a judicial ruling (they said this because it wouldnt ban existing marriages), a couple of judges also said this in their decision if voters had succeeded in altering the state Constitution:
Justices John M. Greaney and Roderick L. Ireland:
"The only effect of a positive vote will be to make same-sex couples, and their families, unequal to everyone else; this is discrimination in its rawest form. The proposed amendment purposefully discriminates against an oppressed and disfavored minority of our citizens in direct contravention of the principles of liberty and equality protected by Art. 1 of the Massachusetts Declaration of Rights.If the initiative is approved by the legislature and ultimately adopted, there will be time enough, if an appropriate lawsuit is brought, for this court to resolve the question whether our Constitution can be home to provisions that are apparently mutually inconsistent and irreconcilable."
So if someone can answer Question #1 in relation to the above quote.
2) Is it true that a newer constitutional amendment wipes out the effect of the previous one if they conflict?
Answer: A constitutional amendment is by definition constitutional and it is presumed that, where two sections of the constitution conflict, the one most recently adapted takes the force of law. If an amendment were passed banning domestic partnerships, the same reasoning that was made in the most recent CA Supreme Court case would be used to decide that it was not a revision, and would therefore stand.
Category: Law & Ethics
UCLA faculty experts advisory: Federal appeals court rules Prop. 8 unconstitutional
The U.S. 9th Circuit Court of Appeals has upheld a lower court ruling that Proposition 8, which banned same-sex marriage in California, violates the U.S. Constitution ... that struck down the states ban on same-sex marriages.
BREAKING: Prop 8 ruling expected Tuesday
The U.S. Court of Appeals for the Ninth Circuit is expected to rule Tuesday on the constitutionality of Proposition 8, California’s same-sex marriage ... violates Californians’ due process and equal protection rights guaranteed in the U.S. Constitution.
Same-Sex Marriage Ban Ruled Unconstitutional - San Diego News ...
8 hours ago ... California's voter-approved ban on same-sex marriage violates the U.S. Constitution, a federal appeals court in San Francisco ruled Tuesday.
Gay leaders blame TV ads and Obama for loss in Maine?
http://www.google.com/hostednews/ap/article/ALeqM5hBQZTCRkDlS7z_xQdkG_Ut9OCdagD9BOVS0O0
"SAN FRANCISCO — Stunned and angry, national gay rights leaders Wednesday blamed scare-mongering ads — and President Barack Obamas lack of engagement — for a bitter election setback in Maine that could alter the dynamics for both sides in the gay-marriage debate.
Conservatives, in contrast, celebrated Maine voters rejection of a law that would have allowed gay couples to wed, depicting it as a warning shot that should deter politicians in other states from pushing for same-sex marriage.
"Every time the citizens have voted on marriage, they have always sided with natural marriage," said Mathew Staver, founder of Liberty Counsel, a Florida-based Christian legal group. "Maine dramatically illustrates the will of the people, and politicians should wake up and listen."
Gay activists were frustrated that Obama, who insists he staunchly supports their overall civil rights agenda, didnt speak out forcefully in defense of Maines marriage law before Tuesdays referendum. The law was repealed in a vote of 53 percent to 47 percent.
"President Obama missed an opportunity to state his position against these discriminatory attacks with the clarity and moral imperative that would have helped in this close fight," said Evan Wolfson of the national advocacy group Freedom to Marry. "The anti-gay forces are throwing millions of dollars into various unsubtle ads aimed at scaring people, so subtle statements from the White House are not enough."
The White House, asked about the criticism, had no immediate comment.
The marriage debate is simmering in at least a half-dozen states where a same-sex marriage bill is pending or where a court ruling or existing law is being eyed by conservatives for possible challenge.
Had Maines law been upheld by voters, it would have become the sixth state to legalize gay marriage — and the first to affirm it by popular vote. In Massachusetts, Vermont, Connecticut, New Hampshire and Iowa, gay marriage resulted from court decisions or legislation.
California is sure to be a major battleground over the next several years. Last year, conservatives succeeded in winning public approval of Proposition 8, which overturned a state court ruling allowing gay marriage. Gay rights groups want to take the issue back to the voters but are divided on a timetable.
In the aftermath of the Maine vote, some California activists appealed to their supporters for money to help them put a measure on the 2010 ballot. Other activist leaders want to wait until 2012.
"Its never too early to go back to right a fundamental wrong," said Chaz Lowe of Yes! on Equality, who favors shooting for 2010. "A lot of people are angry, a lot of people are upset. It at least has the potential to be a mobilization for the grass roots."
Some California activists said the outcome in Maine strengthened their belief that it will fall to the U.S. Supreme Court — not the voters — to make gay marriage legal. A federal lawsuit challenging Prop. 8 is scheduled to go to trial in January, the first step in a legal journey that is expected to reach the high court in a few years.
"The results in Maine underscore exactly why we are challenging Californias same-sex marriage ban," said Chad Griffin, president of the American Foundation for Equal Rights, the Los Angeles group spearheading the lawsuit. "The U.S. Constitution guarantees equal rights to every American, and when those rights are violated, it is the role of our courts to protect us, regardless of what the polls say."
The situation elsewhere:
_ In New Jersey, the election Tuesday of Republican Chris Christie as governor puts extra pressure on gay rights supporters to win passage of a pending same-sex marriage bill before the legislative session ends in January. Christie says he would veto such a bill, while lame-duck Gov. Jon Corzine, a Democrat, says he would sign it.
_ In Iowa, where the state Supreme Court legalized gay marriage last April, conservatives have no quick way to overturn the ruling. Their only option would be to amend the state constitution through a ballot measure — in 2014 at the earliest — and that effort would need approval from a legislature whose current Democratic leaders dont even want to debate the issue.
_ In New Hampshire, conservatives have filed legislation to repeal the states new gay-marriage law and amend the constitution to ban such unions. Kevin Smith, executive director of the conservative Cornerstone Policy Research, said he doubts the measures will pass, but hopes the vote in Maine will give gay-marriage opponents ammunition for the 2010 elections.
"It gives us more fodder to go back to people and say, Look, they arent letting you vote on it," Smith said.
_ In Washington, D.C., conservatives are trying to force a popular vote on a bill headed toward City Council approval that would legalize gay marriage. Mic
Sorry my quote and question got cut off my deepest apologies,
overall what are your thoughts on the article?
Answer: Oops
*searching for question*
Category: Politics
Appeals court set to rule on public release of videos from Calif ...
... rule on public release of videos from Calif. same-sex marriage ban ... California’s same-sex marriage ban. The 9th U.S. Circuit Court ... violates their constitutional ...
Appeals court set to rule on public release of videos from Calif ...
... the constitutionality of Californias same-sex marriage ban, but its not ready to rule on whether a lower court ... gay couples from marrying violates their constitutional ...
CALIFORNIA MARRIAGE BAN VIOLATES CONSTITUTION, COURT RULES
LOS ANGELES – A federal appeals court panel ruled on Tuesday that a voter-approved ban on same-sex marriage in California violated the Constitution, all but ensuring that the case will proceed to the United States Supreme Court. The three ...
Appeals Court Rules Same-Sex Marriage Ban Unconstitutional ...
SAN FRANCISCO -- A federal appeals court has ruled that California's voter-approved ban on same-sex marriage violates the U.S. Constitution. In a 2-1 decision, the three-judge panel of the 9th U.S..
Appeals court to rule on California's Proposition 8 - CNN.com
9 hours ago ... Appeals court to rule on California's Proposition 8 ... to rule Tuesday on whether California's same-sex marriage ban violates the Constitution.
Court Wont Release Prop 8 Trial Video
Video recordings of the trial on the constitutionality of Californias same-sex marriage ban will not ... was the first in federal court to examine whether prohibiting same-sex couples from marrying violates their constitutional rights.
Question about courts and precedents......?
Californias Prop 8 is being challenged in federal court.
If this lawsuit is resolved at the initial trial in January............and does not go to the court of appeals................
(obviously not gonna happen, but please entertain my hypothetical situation)........
and the court rules that prop 8 is unconstitutional................
Then: Is gay marriage legal statewide in California for ALL gay couples?
or just the particular gay couples who are filing the lawsuit?
Heres what Id like to compare this to.............
http://www.nytimes.com/2009/11/17/world/americas/17argentina.html
an Argentina court in Buenos Aires ruled that a ban on gay marriage violates Argentinas Constitution.
You would think that that means gay marriage is legal all across Buenos Aires.
But no........the ruling only applied to one couple. Just the couple that filed the lawsuit.
No further precedent existed beyond that case.
You would think if the federal courts in California strike down prop 8,
then that would set precedent for ALL gays to get married in California.
But how is this different from the Argentina situation where they only allowed the ruling to apply to ONE couple?
Answer: It would be for the Court to decide whether to accept the case as a class action or only applicable to the individuals involved. I would hope that it would be treated as a class action.
Category: Politics
Judge overturns Calif. ban on gay marriage - USATODAY.com
May 2008 California Supreme Court rules that same-sex couples have a ... federal lawsuit claiming the same-sex marriage ban violates U.S. constitutional ...
Fed appeals court rules prop 8 unconstitutional
And, as expected, the three-judge panel of the Ninth Circuit U.S. Court of Appeals agreed with a California Supreme Court ruling that Yes on 8, the coalition which successfully campaigned for the ban ... marriage in the state, violates the U.S. Constitution.
Gay marriage: Court ruling on Prop. 8 has far-reaching implications
More than three years after California voters approved a ban on same-sex marriage, an appeals court on Tuesday is set to decide whether Proposition 8 violates the federal Constitution ... place even if the panel rules against Proposition ...
Is the California Supreme Court filled with liberal activist justices?
As many of you know, the California Supreme Court recently ruled that laws banning same-sex marriages violated the state constitutions equal protection guarantee. Some are now complaining that the California Supreme Court is filled with liberal activist justices, but I wonder if they know that all but one of the current justices were appointed by moderate Republican governors.
delujuis: If you had actually bothered reading the post in its entirety, you would have seen that I mentioned the fact that the majority of the justices are Republican.
Answer: Why is it that when a decision is made that skews left, the judges who wrote it are considered "activist" judges, but when a decision is made that skews right, nobody screams about judicial activism?
I mean, the Supreme Court Bush v. Gore decision of 2000 was CLEARLY judicial activism.
Category: Politics
Prop 8: California gay marriage ban ruled unconstitutional – live ...
California's Prop 8 ban on same-sex marriage does violate the federal constitution, judges rule. Follow live ... Breaking: federal appeals court rules #Prop8 unconstitutional, CA cannot ban same sex marriage. 2-1, Judge Smith ...
Ruling near on California same-sex marriage ban
SAN FRANCISCO - A federal appeals court plans to announce whether it thinks Californias same-sex marriage ban violates the civil rights ... who ruled that Proposition 8 did not pass constitutional muster. Walker presided over the first trial ...
Court wont release CA gay marriage trial videos - Sacramento News ...
... from marrying violates their constitutional ... of Californias same-sex marriage ban. The 9th U.S. Circuit Court of Appeals in ... yet ready to rule on whether the lower court ...
Proposition 8, California's Same-Sex Marriage Ban, Constitutional ...
22 hours ago ... The California court ruled in November that the state's vigorous citizens' ... it thinks California's same-sex marriage ban violates the civil rights of ...
Court Rules California Gay Marriage Ban Is Unconstitutional | Fox ...
Below is the latest on this news from the Associated Press: SAN FRANCISCO (AP) — A federal appeals court on Tuesday declared California's same-sex marriage ban to be unconstitutional, putting the bitterly contested, ... of the 9th U.S. Circuit Court of Appeals ruled 2-1 that a lower court judge correctly interpreted the U.S. Constitution and Supreme Court precedents when he declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians.
Court wont release CA gay marriage trial videos
Appeals court wont release videos from 2010 trial on Californias same-sex marriage ban ... marrying violates their constitutional ... appeals court since has adopted rules ...
Same Sex Marriage Ban Can be Defended by Religious Nuts, State ...
... Sex Marriage Ban Can be Defended by Religious Nuts, State Supreme Court Rules ... sex marriage, continued on its epic way today as the California Supreme Court ... Constitution ...
EDITORIAL; Civil Rights in California
However the United States Court of Appeals for the Ninth Circuit rules in Californias pivotal same-sex marriage battle -- and it should uphold the civil rights of Americans -- the court has already set one standard that the Supreme Court should follow. Lawyers on both sides of the struggle sparred over questions of legal procedure and civil rights
Same Sex Marriage
The California Supreme Court ruled on May 15, 2008, that same-sex couples ... Proposition 8, which amended the California Constitution to define marriage as ... district judge ruled that the same-sex marriage ban in Proposition 8 violated the ...
Proposition 8, California's Same-Sex Marriage Ban, Constitutional ...
SAN FRANCISCO — A federal appeals court plans to announce whether it thinks California's same-sex marriage ban violates the civil rights of gays and lesbians, and if the trial judge who struck down the voter-approved measure should have revealed he was in a long-term relationship with another man. The 9th U.S. Circuit Court of Appeals ... "The notice appears to indicate that the panel will rule on the constitutionality of Proposition 8. That seems to suggest that the ...
Court wont release CA gay marriage trial videos | ajc.com
... of Californias same-sex marriage ban but said it needed more time to decide if a lower court ... violates their constitutional ... court since has adopted rules ...
Court wont release CA gay marriage trial videos - WTOP.com
... of Californias same-sex marriage ban. ... court to examine if prohibiting gay couples from marrying violates their constitutional rights. ... to rule on whether the lower court ...
Court Ruling: Toeiva Marriage Ban Unconstitutional In California ...
... Marriage Ban Unconstitutional In California [UPDATE 1:10PM EST]. (Tuesday, February 7th, 2012). A federal appeals court Tuesday struck down California's ban on same-gender marriage, clearing the way for the U.S. Supreme Court to rule on Toeiva marriage as early as next year. The 2-1 decision by a panel of the U.S. 9th Circuit Court of Appeals found that Proposition 8, the 2008 ballot measure that limited marriage to one man and one woman, violated the U.S. Constitution.
Court wont release CA gay marriage trial videos
... the constitutionality of Californias same-sex marriage ban. ... gay couples from marrying violates their constitutional ... The appeals court since has adopted rules that would ...
Need to Know News: Russian envoy arrives in Syria; Obama changes position, will back super PAC
"A three-judge panel with the 9th U.S. Circuit Court of Appeals is expected to rule Tuesday on whether Californias same-sex marriage ban violates the Constitution." • Greece on the brink: "Officials in Greece are under pressure to reach an ...
THE RIGHT HAND OF THE FATHERS
On a September afternoon, about 60 prominent Christians assembled in the library of the Metropolitan Club on the east side of Central Park. It was a gathering of unusual diversity and power. Many in attendance were conservative evangelicals like the born-again Watergate felon Chuck Colson, who helped initiate the meeting. Metropolitan Jonah, the - David D. Kirkpatrick is a correspondent in the Washington bureau of The New York Times. - By DAVID D. KIRKPATRICK
Federal Appeals Court Rules Against Californias Ban on Same-Sex Marriage
(San Diego, CA) -- Californias voter-approved ban on same-sex marriage violates the U.S. Constitution, a federal appeals court in San Francisco ruled Tuesday. Voters had passed Proposition 8, a measure to ban same-sex marriages in California, with 52% of ...
Federal Judge: Same Sex Marriage Ban Under Proposition 8 Violates ...
... Judge: Same Sex Marriage Ban Under Proposition 8 Violates Constitution ... an order in federal court ... Thomasson of the Save California movement said. "The Constitution ...
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