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CALIFORNIA: State Supreme Court takes up same-sex marriage
San Francisco Chronicle ^ | 3/3/8 | Bob Egelko

Posted on 03/03/2008 7:45:16 AM PST by SmithL

As gay-rights groups call for marital equality and opponents warn of a public backlash, societal decay and religious conflict, the California Supreme Court is prepared for an epic three-hour hearing Tuesday on the constitutionality of the state law defining marriage as the union of a man and a woman.

It shapes up as the most momentous case the court has heard in decades - comparable to the 1981 ruling that guaranteed Medi-Cal abortions for poor women, the 1972 ruling that briefly overturned the state's death penalty law, and the 1948 decision, cited repeatedly in the voluminous filings before the court, that struck down California's ban on interracial marriage.

The arguments on both sides are weighty.

Supporters of same-sex marriage invoke the state's commitment to equality regardless of gender or sexual orientation, the needs of the children of gay and lesbian couples, the persistence of societal discrimination, and legal rights such as freedom of expression, association and privacy.

In defense of its law, the state cites a cultural tradition far older than statehood, the will of the people as expressed in a 2000 initiative, the steps California has already taken toward equal rights for gays and lesbians, and the power of lawmakers and voters to determine state policy.

Beyond those arguments, groups opposing same-sex marriage want the court to justify the state law on moral or scientific grounds, as an affirmation that limiting matrimony to a man and a woman is best for children and society.

A ruling is due within 90 days.

(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; US: California
KEYWORDS: caglbt; casupremecourt; homosexualagenda; playinghouse; prop22
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1 posted on 03/03/2008 7:45:17 AM PST by SmithL
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To: SmithL

Hey lib judges...lets legislate from the bench why don’tcha?????


2 posted on 03/03/2008 7:46:31 AM PST by Vaquero (" an armed society is a polite society" Heinlein "MOLON LABE!" Leonidas of Sparta)
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To: SmithL

Don’t pay any attention to what the people want. Let the judges decide. This shouldn’t even be in the courts.


3 posted on 03/03/2008 7:47:38 AM PST by RC2
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To: SmithL
In defense of its law, the state cites a cultural tradition far older than statehood, the will of the people as expressed in a 2000 initiative, the steps California has already taken toward equal rights for gays and lesbians, and the power of lawmakers and voters to determine state policy.

The proper response from the court is to accept these areguments and conclude that since the cultural tradition of marriage predates statehood, it can and should exist without definition or interference from the state, and simply define domestic partnerships however the state chooses to define such things and get out of the marriage business altogether.

4 posted on 03/03/2008 7:50:40 AM PST by gridlock (Proud McCain Supporter since February 7, 2008.)
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To: SmithL

You know, this just depresses the hell out of me. Even if it’s slapped down at this point, it will NEVER ever be dropped. Year after year, after year, until they just WEAR down the public and wear down the court systems, they’ll just keep doing it. It’ll NEVER stop!


5 posted on 03/03/2008 7:50:54 AM PST by McKayopectate
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To: SmithL
Maybe now the question will go to supreme court for a finally ruling.
In California there is no point in voting on any initiatives because the 9th circus always over rules the will of the people.
6 posted on 03/03/2008 7:51:02 AM PST by svcw (The main thing is to keep the main thing the main thing.)
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To: SmithL

So who do these Supreme Court cretins think they are? Noah Webster?
They’re going to redefine a word in the English language?


7 posted on 03/03/2008 7:52:48 AM PST by Lancey Howard
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To: SmithL
CALIFORNIA: State Supreme Court takes up same-sex marriage

I expect them to make it mandatory.

8 posted on 03/03/2008 7:53:52 AM PST by dinasour
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To: SmithL
In this case the agenda is to destroy the family. Polygamy, incest, and marriage to a pet are likely to follow if they get away with this.

We are moving toward krytocracy - rule by judges. And they are getting away with outrageous decisions such letting off violent pedophiles in Columbus, Ohio and other places. Crazy Judge Greer in Florida blatantly broke laws and was never sanctioned.

9 posted on 03/03/2008 7:56:29 AM PST by Dante3
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To: SmithL

Next up for the CA supremes will be perverts wanting to marry close relatives and children. We can yet scoff at those wanting to marry animals.


10 posted on 03/03/2008 8:01:48 AM PST by Neoliberalnot ((Hallmarks of Liberalism: Ingratitude and Envy))
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To: SmithL
There should be no right to be gay. Yes yes...to those who define it as an orientation (I would argue with that status), it is not what I am talking about. Anyway, at the point California decided there can be no discrimination against homosexuals, they decided for homosexual marriage. At the point they decided to allow homosexuals to adopt children and act as a family, they decided for homosexual marriage. Premises matter. Homosexual activists have long understood that. The problem with inheriting your values from previous generations is that you don't always undersand the foundation you stand on. Your arguments being inherited rather than self-formed are often lacking in a full understanding of the premises (foundation) your principles are built on.

Buh-bye California. You lose because you were weak.

11 posted on 03/03/2008 8:07:59 AM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: Vaquero

At this point you can’t even entirely blame it on legislating from the bench. The elected lawmakers keep passing foundational laws which support a ruling in favor of homosexual marriage. When Californians allow their representatives to pass all those anti-discrimination laws and those equal in everything but name laws ....including adoption...then they can’t really entirely blame the courts any longer. These principles are all connected.


12 posted on 03/03/2008 8:12:09 AM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: McKayopectate

The necessity and purpose of sodomy laws become clearer and clearer with each passing year.


13 posted on 03/03/2008 8:14:14 AM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: SmithL

The liberal communists running the world’s largest outdoor freak show, are at it as usual. Defying the will of the people, the law as passed by voters, and general public decency, the lawless radicals of the People’s Republic of San Freakcisco, continue to mock the normal world and free America, to say nothing of the will of the voters.

From a city that provides free sex-change operations for city employees, California continues in a state of anti-Constitutional embarassment from a bunch of liberal activist thugs on the bench. Nothing new. It has been going on for some time. These nut cases have nothing else better to do, than to twart the law in typical liberal fashion.

The real disgust comes from the fact they are still at it, and are not held signficantly accountable for breaking the law. Why have these criminals not been disbarred and removed from the bench? The faux liberal existence will not let that happen, we must conclude.


14 posted on 03/03/2008 8:24:59 AM PST by EagleUSA
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To: McKayopectate

Evil never quits! And evil has been going after the youth for years now. This great nation has been Christian, now I have my doubts. If the American people will not revolt and stand up for the gospel or just plain morals,evil will win over this country and defeat will be ours. Right here on free-republic we have been fighting back and forth who is Christian and who is not but we had better find some common ground. A house divided will not stand. There will always be some differences between certain faiths but we had better focus on Christ and fight the good fight that is coming our way. I do not look good in a burka!


15 posted on 03/03/2008 8:36:49 AM PST by red irish (Gods Children in the womb are to be loved too!)
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To: SmithL
Supporters of same-sex marriage invoke the state's commitment to equality

Equality already exists. Homosexuals can marry someone of the opposite gender just like heteros can.

16 posted on 03/03/2008 8:48:07 AM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: McKayopectate
It’ll NEVER stop!

Yes, it will. . .when Jesus returns.

17 posted on 03/03/2008 8:48:56 AM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: SmithL

This is the reason that the DOMA will never work in the United States. A constitutional amendment is the way to go.


18 posted on 03/03/2008 8:53:13 AM PST by fishnsoldier
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To: SmithL; All
Supporters of same-sex marriage invoke the state's commitment to equality regardless of gender or sexual orientation, the needs of the children of gay and lesbian couples, the persistence of societal discrimination, and legal rights such as freedom of expression, association and privacy.

Can somebody please tell me where California's commitment to equality regardless of gender or sexual orientation is codified? I haven't been able to find these terms in a context relative to this thread in my favorite California constitution search engine.

http://www.leginfo.ca.gov/cgi-bin/waisgate
What am I overlooking?
19 posted on 03/03/2008 10:25:07 AM PST by Amendment10
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To: SmithL; All
A rare occasion when I didn't double-check a url and it's broken. The correct url for searching California constitution is:
http://www.leginfo.ca.gov/const.html

20 posted on 03/03/2008 10:33:32 AM PST by Amendment10
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