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Text of California Supreme Court Opinion on Prop 8
5/26/09 | Cal Supreme Court

Posted on 05/26/2009 10:32:04 AM PDT by P-Marlowe

click here to read article


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1 posted on 05/26/2009 10:32:04 AM PDT by P-Marlowe
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To: P-Marlowe

The brief version, before you click on it, appears very strange.?


2 posted on 05/26/2009 10:33:30 AM PDT by proud American in Canada (my former tagline "We can, and we will prevail" doesn't fit with the usurper's goals.)
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To: P-Marlowe

3 posted on 05/26/2009 10:34:26 AM PDT by MeanGreen2008
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To: proud American in Canada

Gremlins


4 posted on 05/26/2009 10:34:37 AM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: P-Marlowe

LOL!! On the “Latest Articles” page, with all those A-A-A-As present, one would think 0bama was trying to recite something besides his name from memory.


5 posted on 05/26/2009 10:35:26 AM PDT by ScottinVA (Impeach President Soros!!!)
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To: P-Marlowe

At least you managed to keep the paragraph-breaks.


6 posted on 05/26/2009 10:35:47 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: P-Marlowe

The poor DUmmies are having a see-saw day emotionally, first up they were so happy Obama when hit one out of the park with his choice for SC, now their poor little heads are about to explode over their pet cause setback in Ca.


7 posted on 05/26/2009 10:35:50 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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Dear FRiends,

In light of what is transpiring in our nation’s capitol, more than ever, we need to ensure that places like Free Republic and other like-minded places continue to speak the plain truth. Newspapers are dying and the current administration will either bail them out or allow them to fail. If they are bailed out, they will be even more beholding to the coming socialist agenda. If they are allowed to fail, the powers that be will force the remaining electronic media to fill the void. Local coverage only. No national syndicated news/talk. The “Fairness Doctrine”, like it or not.

After that, the internet. Free Republic. And others.

We need to get this FReepathon over and right now. We need to show that we are serious and will continue forward and thrive, not just survive.

If you can spare a couple of bucks, that would be great...If not, God bless you and please stop by the FReepathon thread and give it a bump.

We’re all in this together.

8 posted on 05/26/2009 10:35:57 AM PDT by ButThreeLeftsDo (FR. ....Monthly Donors Wanted.)
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To: P-Marlowe

Why do they have to cut down a tree to say Prop 8 upheld?


9 posted on 05/26/2009 10:36:14 AM PDT by Red_Devil 232 (VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!)
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To: P-Marlowe

And your post chewed up bandwidth for what...?


10 posted on 05/26/2009 10:37:06 AM PDT by ex91B10
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To: xzins; enat; wmfights; Forest Keeper; jude24

Legal Beagle Alert


11 posted on 05/26/2009 10:37:45 AM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: ex91B10
And your post chewed up bandwidth for what...?

Legal Analysis.

12 posted on 05/26/2009 10:38:30 AM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: Red_Devil 232

I’d love to see the arguments for and against a lawsuit alleging that the Paperwork Reduction Act notice violates Constitutional separation of powers, due process, ex post facto, and freedom of press and freedom of speech issues. ;)

The ruling ought not exceed 2,000 pages.


13 posted on 05/26/2009 10:42:22 AM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: Red_Devil 232
Why do they have to cut down a tree to say Prop 8 upheld?

When you read 100 year old Supreme Court cases you are flabbergasted at how concise they were.

The problem is that these are NOT legal decisions, but political decisions.

When you start legislating from the bench, you sometimes have to write a 1000 page opinion to justify your actions. When you stand solely on the Constitution, your opinion ought to be pretty short.

14 posted on 05/26/2009 10:43:08 AM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: P-Marlowe
When you start legislating from the bench, you sometimes have to write a 1000 page opinion to justify your actions. When you stand solely on the Constitution, your opinion ought to be pretty short.

A more sensible comment has never been posted! It's too bad the justices aren't reading it!!!!!!!!

15 posted on 05/26/2009 10:47:43 AM PDT by Road Warrior ‘04 (I'll miss President Bush greatly! Palin in 2012!)
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To: Red_Devil 232
While I understand your thoughts along those lines, the adherence to brevity can cost you. Check this out.

In addressing the issues now presented in the third chapter of this narrative, it is important at the outset to emphasize a number of significant points. First, as explained in the Marriage Cases, supra, 43 Cal.4th at page 780, our task in the present proceeding is not to determine whether the provision at issue is wise or sound as a matter of policy or whether we, as individuals, believe it should be a part of the California Constitution. Regardless of our views as individuals on this question of policy, we recognize as judges and as a court our responsibility to confine our consideration to a determination of the constitutional validity and legal effect of the measure in question. It bears emphasis in this regard that our role is limited to interpreting and applying the principles and rules embodied in the California Constitution, setting aside our own personal beliefs and values.

Would you want this little gem left out, in the interest of brevity? It expresses an understanding, by the SCOC, of a premise that the current nominee to the SCOTUS cannot grasp.

And I quote, "It bears emphasis in this regard that our role is limited to interpreting and applying the principles and rules embodied in the California Constitution, setting aside our own personal beliefs and values."

While this references the California Constitution, the premise is identical to that covered in the U.S. Constitution.

Good for the SCOC! Bad for the nominee Judge Sonia Sonomayor.

16 posted on 05/26/2009 10:49:41 AM PDT by DoughtyOne (Obama is mentally a child of ten. Just remember that when he makes statements and issues policy.)
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To: P-Marlowe

There are a lot of SAAAD liberals in California today! This is great news!


17 posted on 05/26/2009 10:56:56 AM PDT by Charles Rayney (Visit my friend's website at www.snarkbate.com!)
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To: P-Marlowe

Even though that court is made up of liberal nut jobs, they couldn’t deny the legality of Prop 8. Ken Star deserves a lot of credit for devastating the homosexual militants in the courtroom.


18 posted on 05/26/2009 10:59:40 AM PDT by DesertRenegade
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To: P-Marlowe

Moreno needs to be recalled NOW.


19 posted on 05/26/2009 11:02:58 AM PDT by freedomwarrior998
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To: Charles Rayney

The liberals, I’m sorry to say, don’t look at these legal issues properly. The issues before the court this time were fundamentally different than before. In the previous case, the court was ruling whether it was legal to deny same-sex couples the title marriage. This time, they were ruling on whether it was legal and proper for voters to vote on a constitutional amendment defining marriage.

The liberals just don’t see nuances sometimes. But this is an important nuance. I know they want gay marriage and they want it now. But getting what they want had blinded them to interpretations of legal procedures.

The judges didn’t rule against same-sex marriage today. They ruled that it was legal and proper to amend the constitution to define marriage. But that is lost on the activists on the issue.


20 posted on 05/26/2009 11:30:52 AM PDT by Dilbert San Diego
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