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Court: Gay-marriage ban unconstitutional


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By Maura Dolan, Los Angeles Times

SAN FRANCISCO — A federal appeals court Tuesday struck down California’s ban on same-sex marriage, clearing the way for the U.S. Supreme Court to rule on gay 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. The architects of Prop. 8 have vowed to appeal.

The ruling was narrow and likely to be limited to California.

“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California,” the court said.

The ruling upheld a decision by retired Chief U.S. District Judge Vaughn R. Walker, who struck down the ballot measure in 2010 after holding an unprecedented trial on the nature of sexual orientation and the history of marriage.

In a separate decision, the appeals court refused to invalidate Walker’s ruling on the grounds that he should have disclosed he was in a long term same-sex relationship. Walker, a Republican appointee who is openly gay, said after his ruling that he had been in a relationship with another man for 10 years. He has never said whether he and partner wished to marry.

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Comments (19)
  1. biggerpicture says - Posted: February 7, 2012

    Isn’t it amazing that in 2012 there are still people here in America that believe in separate and unequal rights!? Just more proof that those who consider themselves the “Moral Majority” are neither! I’ve aways considered those the “Vociforous Minority”. And one more thing to those that find gay marriage so wrong: THE EARTH IS ROUND AND THE SUN DOESN’T REVOLVE AROUD THE EARTH!

  2. Dan Wilvers says - Posted: February 7, 2012

    quote[The court said the term “marriage” carries “extraordinary significance.””That designation is important because marriage is the name that society gives to the relationship that matters most between two adults,” the court said. “A rose by any other name may smell as sweet, but to the couple desiring to enter into a committed lifelong relationship, a marriage by the name of ‘registered domestic partnership’ does not.”]quote

    I don’t believe that Society ever named marriage, it certainly embraced it’s presence, but from every historical rendering I know of, it is marriage that made society.

    Until we get that one straight (no pun intended) the two sides cannot get to the root of the issue.

    The court seems to be saying it’s a standing in culture rather then the foundation of culture, therefore a right for all to redefine to suit their proclivity.

  3. SmedleyButler says - Posted: February 7, 2012

    What does the bible say? After all, there Is Absolutely no other way to get things straight. Pray away the Gay. Amen.

  4. the conservation robot says - Posted: February 7, 2012

    If we used their book we couldn’t eat bacon wrapped scallops. But we could sell our children into slavery and own slaves ourselves. The book condones slavery more times that disparages homosexuality.
    ‘It says right here in this book at gawd made us just like him. so if we’re all dumb, then god is dumb’ -fz

    And incase you haven’t seen this site…
    http://gayhomophobe.com/
    well it shouldn’t really be that shocking, a lot of the most homophobic men out there are in the closet. It is actually really sad.

  5. SmedleyButler says - Posted: February 7, 2012

    Then Jesus said to the fig tree, “May no one ever eat fruit from you again.” and his disciples heard him say it… Mark 11:14… a very damaging TaliBaptist typo… the real Truth is “God Hates Figs!”.

  6. SLT Local says - Posted: February 7, 2012

    SmedleyButler stop preaching I really don’t want to hear your religious babble!

  7. SmedleyButler says - Posted: February 7, 2012

    OK, I’m overmatched. I’m out.

  8. David Kelly says - Posted: February 7, 2012

    FDR his disability was kept secert because people deemed all people with disabilities as stupid, they would have never trusted him to run our country. All there years later a lot of people still have that frame of mind. Time hasn’t changed much and that is very sad.

  9. John says - Posted: February 7, 2012

    This is a victory for true conservatives who want government out of the private lives of individuals. My marriage is between me, my wife and God. I also have a legal contract officiated by the state on how I agree to arrange the financial and other affairs of my family. The incompetent government has nothing to do with the former, and I pay taxes for the disposition of the latter.

  10. Chief Slowroller says - Posted: February 7, 2012

    Yo Robot if you did your homework you would Know that Frank Zappa is burning in Hell, as he sold his sole to the Devil back in 1977

    Christian Marriage is between a Man and a Women

    Pagen Marriage is everything else

  11. biggerpicture says - Posted: February 8, 2012

    Hey Chief, isn’t it a right of Americans to choose what they want to believe about religion, be it Christianity OR paganism? Or were the founders just kidding about that?

  12. earl zitts says - Posted: February 8, 2012

    Bring on polyandry and polygamy or whatever floats your boat. As Ruth Bader Ginsburg just said by implication our
    Constitution is outdated and outmoded, so folks anything goes in this nation of men.

  13. jeastburn says - Posted: February 8, 2012

    I applaud the courts decision. Prop. 8 is nothing but discrimination pure and simple, singling out one group of people as not worthy of a basic civil right. We are talking about consenting adults here, adults who work, pay taxes, raise children, serve our country, and have the same needs and dreams as heterosexual people. Domestic partnership is NOT the same and expecting gay and lesbian people to accept “marriage light” is an insult that violates the constitution this country was founded on. All in the name of religion. This same bible that is being used as a weapon against gay and lesbian Americans is the same one that has historically been used to justify the subjugation of (and violence against) women and children, slavery, and the oppression of African Americans; not to mention most of the wars of the world. Live and let live. Celebrate our shared humanity. Embrace love. Don’t believe in gay marriage? Then don’t marry someone of the same gender. Simple.

  14. Krista Eissinger says - Posted: February 8, 2012

    Right on David K. And, who is Chief Slowroller? Why so negative? Why should you care who marries whom? Just keep it in the same species. Honestly.

  15. Frank says - Posted: February 8, 2012

    Krista, you’re jumping on someone else for being negative when negative is all you ever say on here, slamming everything said, It was a reprieve for a few days when you weren’t on here nagging everyone. Maybe before you start telling others how to turn their attitude around, you ought to try it first.

  16. Krista Eissinger says - Posted: February 8, 2012

    Whatever Frank. I used to use false names but now I use my real name. Being positive takes baby steps, even if you’ve been conditioned to be negative. Sorry for your inconvenience. Guess I won’t bother anyone with my opinions any more. Thanks for your negative feedback. Have a nice day anyway.

  17. Chief Slowroller says - Posted: February 8, 2012

    Yo Krista the Truth is the Truth

    If you got out of your rut and cruzed around town, then you would know who I am. Love ya.

  18. info says - Posted: February 8, 2012

    Chief, on multiple posts you say we’re supposed to know you. You are Mark Cutright, right? The Slow Roller bike guy — chief of it.

  19. Chief Slowroller says - Posted: February 8, 2012

    yes. Info your smarter then the average bear