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    Court: CA gay-marriage ban is unconstitutional

    Associated Press – Tue, Feb 7, 2012

    SAN FRANCISCO (AP) — A federal appeals court has declared California's same-sex marriage ban to be unconstitutional, paving the way for a likely U.S. Supreme Court showdown on the voter-approved law.

    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 the civil rights of gays and lesbians.

    The measure, which passed with 52 percent of the vote in 2008, outlawed same-sex unions just five months after they became legal in the state.

    Lawyers for Proposition 8 sponsors and for two couples who sued to overturn the ban have said they would appeal to the Supreme Court if they did not receive a favorable ruling from the 9th Circuit.

     
    • Mozart1220
      Mozart1220  •  Cedar Rapids, Iowa  •  3 mths ago
      In 50 years or so, we as a nation will look back on how we treated Gay people like we now do on slavery or discrimination of non whites and wonder how we ever let it happen. History will judge the bigots in a very bad light.
      • rose petal
        rose petal 3 mths ago
        History may judge the bigots but GOD will judge the gays. I have friends that gay and I don't say anything because I don't want to hurt their feelings because they are good hearted PEOPLE however, GOD made Adam for Eve not Steve.
      • rose petal
        rose petal 3 mths ago
        I just wanted to point out that I said they are people also. We may not see things like them but they are people with feelings just like us so please be kind and don't call ugly names when you speak of them. You wouldn't want them to call you ugly names because of how you believe. God said to love thy neighbor as thyself not love them if they live as you do or share your believes. However, though I've noticed it is those that believe gays should have the same rights as everyone else that is saying the ugly stuff and expecting others to take them serious. Be mature adults and you may get more attention.
      • Mozart1220
        Mozart1220 3 mths ago
        Rose, until you can prove a "God" exists, maybe you should keep your comments to yourself. You are just as much of a bigot but letting "God" take the heat for it. Bad any way you look at it.
    • Michael_World
      Michael_World  •  London, United Kingdom  •  3 mths ago
      what will happen to the future babies and how to make babies from now on?
      • Adam
        Adam 3 mths ago
        Are you seriously asking that? I'm sorry, but that is a really stupid question. Just because homosexuals are allowed to get married doesn't mean the population will die out. There are just as many hetrosexuals now and in the past that there will be in the future in order to keep the population going? In fact, once the we get over all the issues that concern homosexuality such as allowing homosexuals to adopt children, then there will be many more children, in the future, that will have a loving and caring home.
      • A Yahoo! User 3 mths ago
        Letting children think its normal for people to be gay is not a good home. Letting children think that there are not separate gender roles is not a good home. Those types of homes are better than group homes or foster care but still not good homes. Also, gays do not need to be married to adopt. Maybe they should be fighting for civil unions to have the same rights as a marriage instead of trying to change marriage.
      • ralphb
        ralphb 3 mths ago
        Anyone stupid enough to pose this question is far too stupid to be able to understand the answer.
    • GoBlue34
      GoBlue34  •  Colorado Springs, Colorado  •  3 mths ago
      Not sure when the forefathers wrote up the constitution and was handing out rights, they were talking about giving Tom and Dave the right to tie the knot (legally). This is a slippery slope, because homosexuality was considered a mental disorder until the new revision of the DSM came out a few years back. Now it's a "protected right." What's to stop other things that are now deemed unnatural and immoral from becoming a "protected right" such as pedofilia or beasiality? Weren't they born with their desires as well? So why should they be persectuted? Bible aside, theres nothing natural about beasitality, pedofilia, and theres nothing natural about homosexuality either. It's not judgement, it's truth.
      • CH
        CH 3 mths ago
        "What's to stop other things that are now deemed unnatural and immoral from becoming a "protected right" such as pedofilia or beasiality?"

        It's "bestiality," and "pedophilia," you uneducated twit, and what stops it is something called consent. Grow up. Gays only want the same right you have - the right to get divorced again and again, to prove the sanctity of marriage. Idiot.
      • Steve
        Steve 3 mths ago
        "There's nothing natural about homosexuality...it's not judgement, it's truth."

        Then how do you explain the 1500 documented species in NATURE that have been known to participate in homosexuality behavior? Does that "truth" completely erase your view?
      • Joseph
        Joseph 3 mths ago
        There is no purpose for homosexuality, nor for gay marriage. Homosexuality makes no biological sense, whereas heterosexuality is for the purpose of procreation. Gay marriage defeats the whole purpose of traditional marriage. Why does nobody get that?
    • Marc
      Marc  •  Beaverton, Oregon  •  3 mths ago
      Congratulation California. Nobody's basic human rights should ever be put up for vote...
    • tomas
      tomas  •  Winston-Salem, North Carolina  •  3 mths ago
      We should not be voting on such serious issues in the first place. The American public is too poorly educated about sexuality, marriage or family. Gays and lesbians have the same rights as anyone else to pursue happiness, and religious self-righteousness is a poor excuse to deny basic human rights.
      • Gene
        Gene 3 mths ago
        “at the end of every leftist rainbow lies a mass grave”
        There are no exceptions to this in the history of the world.
      • viennaroast789
        viennaroast789 3 mths ago
        So you support polygamy, that's great! Let me know when you next organize a rally, because I want to attend and hear you pontificate on polygamy!
      • nancy j
        nancy j 3 mths ago
        to pursue their happiness hmm then when you hear about a child molester pursueing their happiness with you its ok i guess
    • ConcernedCitizen
      ConcernedCitizen  •  Salem, New Jersey  •  3 mths ago
      Read:
      Romans 1: 18-32
      Romans 1:26-27
      26 Because of this, God gave them over to shameful lusts. Even their women exchanged natural sexual relations for unnatural ones. 27 In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed shameful acts with other men, and received in themselves the due penalty for their error.
      • Mozart1220
        Mozart1220 3 mths ago
        Big deal. There is a separation of church and state in this country for a reason.
      • CH
        CH 3 mths ago
        Do you wear cotton-polyester shirts? Do you stone your neighbors who don't keep the sabbath? F***** christian taliban, you should be segregated from the world.
      • integrator
        integrator 3 mths ago
        I wonder if you complain that the courts MAY consider SOME of Sharia law when making rulings involving Muslims?
    • Diogenes the Dawg
      Diogenes the Dawg  •  3 mths ago
      Of course it was unconstitutional. Denying basic human rights to people because of their sexual orientation is wrong. It's sad and sickening reading the illogical and hate-filled postings on this topic. These folks would have felt right at home in Nazi Germany.
    • nietcheese
      nietcheese  •  3 mths ago
      I've known for decades that my vote means nothing here in CA, so I'm not in the least surprised at this. It's sad how much time and funds went into TWO separate attempts to legitimize that which is illegitimate. I'm OK with them having equal rights, but not changing the meaning of a definition that has existed for all of written history.
      Isaiah 5:20 Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter!
    • Great One
      Great One  •  Jacksonville, Florida  •  3 mths ago
      Marriage is between MAN and WOMAN, not Monkey and Rhino or Ape and woman.
    • w. DoughBoy X3
      w. DoughBoy X3  •  Los Angeles, California  •  3 mths ago
      you know whats funny....gays rights
    • Kai
      Kai  •  3 mths ago
      More states allow first cousins to marry than gays to marry. Do people not see what's wrong with this picture?

      Seriously, in one case, you have the potential for serious genetic problems, and that we're okay with, but gay marriage is so bad?
    • Connie
      Connie  •  3 mths ago
      The United States Declaration of Independence reads and I quote. "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." When did it become fashionable for ONE group of people to tell another group of people, We have this Happiness, WE DO Not want you to have it. That happiness is fundamental rights to include Marriage as well.
    • Objective
      Objective  •  3 mths ago
      America crawls up the evolutionary ladder one more notch, escaping more of the ignorance, intolerance and dictatorial injustice of the fanatical right wing and that includes the Republican Party. Fortunately ALL Americans do have rights, although the constitution means NOTHING to many Republicans, ALL TeaFilth, and the radical right wing of evangelicals. For these folks, the constitution applies only to those who agree with them.It's almost like the Christian Bible comedy. The radical right wing evangelicals take what they want from that book and leave the rest as no longer relevant. LOL Hypocrites of the highest order. And those hypocrites who seek to impose Sharia (Biblical) law on this nation are again and again getting the door slammed in their faces, just as it should be.Doesn't matter a hill of beans whether we agree or disagree with any of this. What matters is that American citizens are ALL afforded equal rights. If you disgree with that, perhaps you're living in the wrong land. Perhaps you would be more comfortable in some third world theocratic state that has no constitution, has no freedom and liberty for its citizens. In other words, don't let the door hit you on the #$%$ on your way out. You're no longer relevant here, merely a fossil of a more ignorant era.
    • Erik
      Erik  •  Washington, District of Columbia  •  3 mths ago
      The Bible strongly condemns divorce, too. But that's totally OK, right?

      Lets rationalize this. The Bible may condemn divorce, but after you meet that hot secretary or the sexy new bachelor in the office, YOU might want to get divorced someday.

      Are you going to base legislative law on the Bible when it can restrict your OWN rights?! No! That would be stupid! Vote away the OTHER guys rights!
    • John
      John  •  New Haven, Michigan  •  3 mths ago
      well if people can't be free enough to marry who they want in America we might as well just throw out the constitution and make this country a dictatorship. If Americans can't be free then what is the point of calling ourselves the FREE country. Stop imposing your religious beliefs on others. This is why we left Europe in the first place you ignorant closed minded bible freaks.
    • Scabby
      Scabby  •  3 mths ago
      How does a conservative reconcile a professed love of freedom with the desire to restrict the freedom of others? I would love an honest answer from a conservative.
    • Pi
      Pi  •  3 mths ago
      To all those who keep posting about how voters were not heard. You CANNOT vote to retrict the civil liberties of other citizens. Whether you agree with gay marriage or not is not the issue.
      Even if 99% of California voters approved Prop 8 it wouldn't matter, if they voted to restrict the liberties of the other 1% of citizens. The courts are not "making" laws, they are detrmining whether the law that was passed is constitutional or not. That is what the courts are there to do.
    • Charlie
      Charlie  •  Dublin, Ireland  •  3 mths ago
      If 99% of the USA were anti-Semites, a good judge and a good court would still oppose discrimination against Jews.

      Rights are rights: they do not get decided by the mob.
    • Scabby
      Scabby  •  3 mths ago
      If gay people getting married upsets you, just remember that you are personally responsible for the way you feel.

      If gay people getting married threatens your heterosexual marriage, just remember that you and your spouse are personally responsible for the success of your marriage.

      If you think that homosexuals should not be allowed to marry each other, than you are not an advocate for freedom.
    • BillE
      BillE  •  3 mths ago
      We live in the United States of America folks. EVERYONE has the right to life, liberty and the pursuit of happiness. Nowhere does it say "unless you are gay".
     Post a comment
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