Proposition 8 (and later same-sex marriage developments)

6a00d8341c730253ef0168e6d1ca1e970c-pi
 
The long anticipated appeals court ruling is expected to address three issues: (1) whether former US District Court Judge Vaughn Walker should have recused himself from hearing the case because he is gay and had a long-time partner with whom he was not married; (2) whether the proponents of Proposition 8 have the right to appeal Walker's decision striking down Proposition 8 as unconstitutional when none of the state defendants chose to do so; and (3) whether, if Walker did not need to recuse himself and the proponents do have the right to appeal, Walker was correct that Proposition 8 violates Californians' due process and equal protection rights guaranteed in the US Constitution.
.
 
A higher court will rule on whether banning gay marriage is unconstitutional. One step closer to the US supreme court and marriage equality for the whole country.
WHOLE country? Meaning states who have a ban on same-sex marriage wouldn't have a choice?
 
Dark Carnival said:
WHOLE country? Meaning states who have a ban on same-sex marriage wouldn't have a choice?

Yup. The same thing happened with interracial marriages.

OT: The best thing about that case is I think the plaintiffs were called 'Loving'.
 
INTERRACIAL MARRIAGE WAS illegal in some states until NINETEEN SIXTY SEVEN???

Fucking HELL, I know the country was backwards, but I'd rather live under the moral jurisdiction of ALBANIANS than these NUMPTIES.
 
Last edited:
California's voter-approved ban on same-sex marriage violates the U.S. Constitution, a federal appeals court in San Francisco ruled Tuesday.

The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals is expected to be appealed, to either the full court or to the U.S. Supreme Court. But supporters of same-sex marriages cheered the decision when it was announced outside the courthouse Tuesday morning.

The 2-1 decision found the ban -- known as Proposition 8 -- "served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationship and families as inferior to those of opposite-sex couples." That violates the 14th Amendment's guarantee of equal protection under the law, the decision states.

The 9th Circuit, in a hearing just over a year ago, indicated it was inclined to toss out Proposition 8. The court also rejected arguments by supporters of the ban that now-retired federal judge Vaughn Walker -- who found Proposition 8 unconstitutional in 2010 -- should have recused himself and let another judge hear the case.

Walker disclosed after his retirement that he is gay and in a long-term relationship, leading Proposition 8 advocates to argue he should have stepped aside.

California's Supreme Court had allowed same-sex marriages in California. But Proposition 8 passed with 52% of the vote in 2008, bringing an end to the practice.

Prior to Walker's ruling, the California Supreme Court allowed that initiative to stand, saying it represented the will of the people.

Six states currently grant same-sex marriage licenses -- New York, Massachusetts, Connecticut, Iowa, Vermont and New Hampshire. The District of Columbia also does.

Five additional states recognize civil unions, providing state-level spousal rights to same-sex couples. They are Hawaii, Delaware, New Jersey, Illinois and Rhode Island.

Both sides of the dispute acknowledge the issue of same sex-marriage is likely headed to the U.S. Supreme Court, perhaps within the coming year.

http://edition.cnn.com/2012/02/07/justice/california-proposition-8/index.html
 
The state of Washington has passed the bill and should start granting same-sex marriages in June.

Yay etc. :disco:
 
A federal court has also found yet ANOTHER part of DOMA unconstitutional :disco:
link
 
Last edited:
Didn't think this quite deserved its own thread but I love this (watch the whole thing, that is):

<iframe width="420" height="315" src="http://www.youtube.com/embed/A8JsRx2lois" frameborder="0" allowfullscreen></iframe>

It's gone viral all over Facebook it seems
 
Last edited:
Can someone (Madison) explain what's going on in the Supreme Court at the moment?

The Supreme Court are considering two cases.

The first is the California question - does the ban on gay marriage violate the equal protection clause of the constitution. A lower federal court has already ruled it does (above).

At the moment, it looks like that the Court won't rule on this question - the case has odd procedural issues as really the government of California should be the appealing party, but it refuses to do so. Instead anti-gay groups are trying to sue on their behalf - it's a bit dodgy and the Court may just reject the idea that they can do this. If this happens, the lower case stays and gay marriage in California resumes (but it won't apply nationwide).

The second case involves the Defense [sic] Of Marriage Act ('DOMA'). DOMA means the government in Washington can't recognise gay marriages performed in a state. In this case, a lesbian window from one of the states in the North East (Massachusetts?) has been hit by a massive federal inheritance tax charge because her wife died. The federal government can exempt it because DOMA stops them.

Again, there are issues of standing as Obama refuses to enforce DOMA, but it seems likely the court will rule. Everyone thinks they will rule against DOMA (it annoys conservatives too because it interferes with the states' rights to decide what is and what isn't marriage).
 
I expect the best that can be expected from the Supreme Court is that California will be allowed to resume gay marriage, and that DOMA will be struck down.

I think that the Supreme Court will only legalise full marriage equality in maybe 2030 (although I hope I'm wrong.)
 
This is getting nearer. Any day now...


EDIT: Likely to be Mon, Wed or Thursday next week at 3 PM BST
 
Last edited:
How could Clinton of all people bring this bill in in the first place? BLEURGH.
 
How could Clinton of all people bring this bill in in the first place? BLEURGH.
It was the era I'd blame. He has since slated it. Hindsight is beautiful in politics. But then its easy to say that when you live in a foreign country. I still think Thatcher was a cunt for Section 28.
 
Clinton used the fact that he signed DOMA as a campaigning tool, and he has never apologised for it.

DOMA was far more damaging in practical day to day financial terms than Section 28 was.
 
This is fantastic news, not least because one of my best friends is married to an American man and can now apply to be with him (having previously been DEPORTED and forbidden to return :manson:)
 
No standing in the Prop 8 case.


Equal Marriage legal in California again but not country wide.

There is some sort of national ramification though... but I can't remember what it is? Is it something like because it wasn't federally challenged, any State-based marriage is now federally recognised?
 
More states are falling one by one. A federal court in Texas of all places ruled their ban unconstitutional. Now more than 50% of the population are in states where it is technically legal (although in loads of them the rulings are stayed pending appeal).
 
I'm guessing Jan Walker won't sign the Religious Freedoms thing into Arizona law but stranger things have happened.

The potential lawsuits would be incredible.
 
More states are falling one by one. A federal court in Texas of all places ruled their ban unconstitutional. Now more than 50% of the population are in states where it is technically legal (although in loads of them the rulings are stayed pending appeal).

Supreme Court has refused permission to appeal from seven states (presumably because they all ruled in the same way). The lower courts decisions will go into effect shortly - marriages ahoy in Indiana, Wisconsin, Utah, Oklahoma and Virginia.
 
It's a bit of a shame though. We'll have to wait longer for a different case to reach the Supreme Court before equality is nationwide (unless every single lower court rules the same way).
 

Users who are viewing this thread

Back
Top Bottom