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Prop 8 ruled unconstitutional by Federal Judge

Discussion in 'Anarchism and radical activism' started by punkmar77, Aug 4, 2010.

  1. punkmar77

    punkmar77Experienced Member Staff Member Uploader Admin Team Experienced member


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    Nov 13, 2009
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    re-posted from the LA Times


    A federal judge in San Francisco decided today that gays and lesbians have a constitutional right to marry, striking down Proposition 8, the voter approved ballot measure that banned same-sex unions.

    U.S. District Chief Judge Vaughn R. Walker said Proposition 8, passed by voters in November 2008, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice. His ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.

    [Updated at 1:54 p.m.: "Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment," the judge wrote. "Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."

    Vaughn added: "Plaintiffs seek to have the state recognize their committed relationships, and plaintiffs’ relationships are consistent with the core of the history, tradition and practice of marriage in the United States.“

    Ultimately, the judge concluded that Proposition 8 "fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. … Because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”]

    Walker, an appointee of President George H.W. Bush, heard 16 witnesses summoned by opponents of Proposition 8 and two called by proponents during a 2½-week trial in January.

    Walker’s historic ruling in Perry vs. Schwarzenegger relied heavily on the testimony he heard at trial. His ruling listed both factual findings and his conclusions about the law.

    Voters approved the ban by a 52.3% margin six months after the California Supreme Court ruled that same-sex marriage was permitted under the state Constitution.

    The state high court later upheld Proposition 8 as a valid amendment to the state Constitution.

    An estimated 18,000 same-sex couples married in California during the months that it was legal, and the state continues to recognize those marriages.

    The federal challenge was filed on behalf of a gay couple in Southern California and a lesbian couple in Berkeley. They are being represented by former Solicitor General Ted Olson, a conservative, and noted litigator David Boies, who squared off against Olson in Bush vs. Gore.

    A Los Angeles-based group formed to fight Proposition 8 has been financing the litigation.

    Gov. Arnold Schwarzenegger and Atty. Gen. Jerry Brown refused to defend Proposition 8, prodding the sponsors of the initiative to hire a legal team experienced in U.S. Supreme Court litigation.

    Backers of Proposition 8 contended that the legal burden was on the challengers to prove there was no rational justification for voting for the measure. They cited as rational a view that children fare best with both a father and a mother.

    But defense witnesses conceded in cross-examination that studies show children reared from birth by same-sex couples fared as well as those born to opposite-sex parents and that marriage would benefit the families of gays and lesbians.

    -- Maura Dolan in San Francisco

    A great victory for Human Rights :ecouteurs:
     

  2. saturninesky

    saturnineskyMember Forum Member


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    May 27, 2010
     
    I'm really happy it's finally been overturned :)
     
  3. ryan1980

    ryan1980Experienced Member Experienced member


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    Jul 9, 2010
     
    Now on to the US Supreme court where they rule bans on gay marriage federally unconstitutional (hopefully...)
     
  4. KAAOS-82

    KAAOS-82Experienced Member Uploader Experienced member Forum Member


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    Jul 13, 2010
     
    I noticed this was posted under anarchism and radical activism and I'm interested in how marriage is radical at all...
     
  5. punkmar77

    punkmar77Experienced Member Staff Member Uploader Admin Team Experienced member


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    Equal rights for all, weather we believe in those equal rights or not (and I'm with you on that one) in the United States at this point are radical. Just the matter of the 'choice to marry' is radical at this point, as sorry as that sounds....
     
  6. KAAOS-82

    KAAOS-82Experienced Member Uploader Experienced member Forum Member


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    Jul 13, 2010
     
    I agree that people should have the right to choose but I think wanting to be like ie. Heterosexual couples undermines the radical aspect of queer politics, particularly anarchism.
     
  7. snookams

    snookamsExperienced Member Experienced member Forum Member


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    Feb 7, 2010
     
    how exactly would LGBT's getting married, or anyone getting married for that matter, undermine radical ideas or anarchism? people can do anything they want, really, which is anarchism in itself in my opinion
     
  8. ryan1980

    ryan1980Experienced Member Experienced member


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    Jul 9, 2010
     
    The LGBT community has been fighting for legal recognition of their love for a at least half a century. In those times they've been beaten up by police, tortured by bigots and condemned by gigantic social institutions like the church and the federal government themselves. Marriage isn't the really the point-- equality is the point. Marriage will simply help drive it home.
     
  9. rude-boy

    rude-boyExperienced Member Experienced member Forum Member


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    Mar 12, 2010
     
    as much as i am down for this and think its a good idea. the people voted on somthing and won in a landslide. and the courts just over turned what the majority people wanted. hmmm its a pro con situation i guess.

    pro- people are free to do what they want with their own bodys and minds. :thumbsup:

    con- voting once again shows to be pointless and the courts can just do what ever they want anysways.. fail :ecouteurs:
     
  10. Kobac

    KobacExperienced Member Uploader Experienced member Forum Member


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    1 down,a lot of them to go...at least we re winning this battle,but war isn t over yet.Californians enjoy in a right that is rightfully yours. \m/
     
  11. HCdancingsux

    HCdancingsuxActive Member Forum Member


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    May 18, 2010
     
    thank you for this post, it made my day. It gives me hope that maybe democracy in america works.... maybe... sometimes. :lmao:

    Yet.. I need to edit... because rude-boy makes an excellent point...
    OH SNAP!
     
  12. ungovernable

    ungovernableAutonome Staff Member Uploader Admin Team Experienced member


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    Aug 21, 2009
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    no comments...
     
  13. HCdancingsux

    HCdancingsuxActive Member Forum Member


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    May 18, 2010
     
    Good. You misquoted me anyway.

    Why don't you just go be the corrupted politician you so long to be, THEN YOU CAN MISQUOTE PEOPLE AND TWIST THEIR WORDS AROUND AS MUCH AS YOU WANT.
     
  14. QueerPunk

    QueerPunkExperienced Member Experienced member Forum Member


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    Dec 29, 2009
     
    Queers in the US still get beaten up and killed by the police or do Transgendered/Transsexual Sex-workers of colour not count. Duanna Johnson being one of them.

    You can have the marriage equality but it wont stop people from bashing Queers, it won't stop the other 80 countries around the world in their blatant state sanctioned oppression of homosexuals, it wont reduce the high suicide rate among Queer youth which, in Australia makes up a disproportionately high amount of youth suicides.

    Marriage will only grant the right to assimilate to a heteronormative-cultural institution that should be dismantled completely. I am all in favour for getting rid of marriage and a more inclusive concept such as a Civil Union that would also cater to the Polyamorous community as well.
     
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