Gay sandbox marriage to Alfred

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Prop 8 Overruled

http://www.huffingtonpost.com/2010/08/04/prop-8-overturned-gay-mar_n_671018.html?ref=fb&src=sp&comm_ref=false#sb=59459,b=facebook

In a major victory for gay rights activists, a federal judge ruled on Wednesday that a voter initiative banning same-sex marriage in California violated the Constitution's equal protection and due process rights clauses.

After a five-month wait, 9th Circuit District Court Judge Vaughn Walker offered a 136-page decision in the case of Perry v. Schwarzenegger, firmly rejecting Proposition 8, which was passed by voters in November 2008.

"Although Proposition 8 fails to possess even a rational basis, the evidence presented at trial shows that gays and lesbians are the type of minority strict scrutiny was designed to protect," Walker ruled.

"Plaintiffs do not seek recognition of a new right. To characterize plaintiffs' objective as "the right to same-sex marriage" would suggest that plaintiffs seek something different from what opposite-sex couples across the state enjoy -- namely, marriage. Rather, plaintiffs ask California to recognize their relationships for what they are: marriages."

"Proposition 8 places the force of law behind stigmas against gays and lesbians, including: gays and lesbians do not have intimate relationships similar to heterosexual couples; gays and lesbians are not as good as heterosexuals; and gay and lesbian relationships do not deserve the full recognition of society."

The judgment was the first offered by a federal court with respect to laws banning gay marriage at the state level and it promises to have massive reverberations across the political and judicial landscape. The decision is now expected to head to the Ninth Circuit Appeals Court, also based in San Francisco, for appeal, and from there to the Supreme Court. (Gay marriages will not resume immediately in California; the decision has been stayed until August 6 to consider arguments regarding an appeal.)

furnace mane, Friday, 9 December 2011 02:18 (twelve years ago) link

It's winter and I need searching looks over the rims of scotch glasses.

Lord Sotosyn, Friday, 9 December 2011 02:55 (twelve years ago) link

I was about to say, "Wait, Walker did this already..."

Ned Raggett, Friday, 9 December 2011 02:59 (twelve years ago) link

Anyway why WAS Rick Perry suing Schwarzenegger.

Ned Raggett, Friday, 9 December 2011 03:00 (twelve years ago) link

For trying to marry him.

Lord Sotosyn, Friday, 9 December 2011 03:01 (twelve years ago) link

True love.

Roffles from today. This bit's gotta hurt:

Judge N. Randy Smith, named to the appeals court by President George W. Bush, challenged the Prop. 8 backers with mocking questions about whether a married judge could handle a divorce case. He drew laughter in the San Francisco courtroom when he asked whether a judge in a divorce matter would have to disclose whether his own relationship was rocky at times.

The challenge to Walker's impartiality was brought by the opponents of same-sex marriage earlier this year, after Walker disclosed upon his retirement from the federal bench that he had been involved in a long-term and serious relationship with a man.

"But I thought Bush only named people like us to the court!"

Ned Raggett, Friday, 9 December 2011 03:10 (twelve years ago) link

two weeks pass...

Same-sex New York marriages to be
recognised in Ireland
Any Ireland-based couples who have availed of the new laws in New York will have the benefits, including recognition in the tax laws brought in by the Irish Government in July, applied to them.

Sandbox Jesse, Tuesday, 27 December 2011 04:54 (twelve years ago) link


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