Posted on 07/02/2009 1:00:17 PM PDT by SmithL
SAN FRANCISCO A federal judge today refused to temporarily block Proposition 8, moving forward with his plan to put the latest legal challenge over California's gay marriage ban on a fast track to a trial that is likely to produce the most thorough review to date of whether same sex couples have a constitutional right to marry.
With all sides in the legal fight poised for a fight all the way to the U.S. Supreme Court, Chief U.S. District Judge Vaughn Walker agreed with Attorney General Jerry Brown and Gov. Arnold Schwarzenegger, concluding that it would cause too much confusion across California if he chose to suspend Prop 8 while the challenge to the voter-approved gay marriage ban unfolds in the courts. Brown has nevertheless sided with gay marriage advocates on the overall lawsuit, agreeing that Prop 8 violates the federal equal protection rights of gay and lesbian couples by denying them the ability to marry.
Walker told a packed courtroom that his job is establish a full record on the legal tangle over gay marriage because he will not be the final word in a case that many legal experts believe will force the U.S. Supreme Court to address the controversial issue.
"What happens here is only a prelude to what is going to happen later,'' Walker said.
Backed by a high-powered legal group headed by former Republican U.S. Solicitor General Theodore Olson, two gay couples sued in May to overturn Prop 8, shifting the legal fight Advertisement over gay marriage in California to the federal courts. The California Supreme Court in May upheld Prop 8, concluding that it did not have the legal authority to overturn the voter-backed amendment to the California constitution.
(Excerpt) Read more at mercurynews.com ...
Looks like the rule of law continues to break down out west.
I’m surprised that the pro-polygamy crowd has been quiet. If same sex marriage becomes law, then everyone who’s currently denied marriage licenses will get their shot. If same-sex marriage is allowed, then EVERYONE will be allowed to get married. That’s what this is really all about.
If California amended it's constitution to allow slavery, would you be asking the same question?
Huh? Ted Olson? Really?
Why?
When the suit was filed in a federal appeals court.
Yes, but the issue of slavery is addressed by the US Constitution as amended. The issue of of marriage is not addressed by the US Constitution.
A generation or two ago no one in their right mind would ever have believed we would see such outright lunacy permeating our government from top to bottom.
We see it at all levels; local, state, and federal.
The country cannot survive the onslaught.
1865 -
"You knew I was a snake when you decided to trust me."
Can we please start thinking about founding another nation somewhere?
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