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SOURCE: CA Prop 8 held to be unconstitutional under due process and equal protection.
Drudge Report ^ | 8/04/2010 | Drudge

Posted on 08/04/2010 1:45:48 PM PDT by tsmith130

Court enjoins enforcement of Prop 8... Will be released at 2 pm pt...

Judge strikes down 'Only marriage between a man and a woman is valid or recognized in California'..


TOPICS: Breaking News; News/Current Events; US: California
KEYWORDS: barackhusseinobama; bostonglobe; caglbt; gaymarriage; homosexualagenda; judgesgonewild; margaretmarshall; newyorktimes; novote4you; novotes4people; nytimesmanipulation; obama; prop8; rinos4mitt; rinos4romney; romney; romneyfascism; romneyvsmasscitizens; samesexmarriage; stenchfromthebench; unconstitutionalmitt; whoisjohngalt
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To: muawiyah; deep

I nominate you two for rulers of ‘The New USA’.

I like your thinking!


121 posted on 08/04/2010 2:52:41 PM PDT by GOPsterinMA (Vote Jill Stein for governor.)
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To: Blood of Tyrants

Sometimes a small item can overturn a regime that’s stood for most of a thousand years.


122 posted on 08/04/2010 2:52:54 PM PDT by muawiyah
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To: BuckeyeTexan

All the way up until the day there is a Federal lawsuit challenging the constitutionality of Texas’ gay marriage laws. I give it a week. Maybe two.


123 posted on 08/04/2010 2:53:18 PM PDT by Smogger
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To: GOPsterinMA

As the other post said, liberals/progressives aren’t going away. Let them have their high taxes, welfare, illegal immigrants, etc.


124 posted on 08/04/2010 2:53:42 PM PDT by deep (http://www.americansagainstobama.com)
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"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed the evidence shows Proposition 8 does nothing more than enshrine in the California constitution the notion that opposite sex couples are superior to same sex couples."

Are you serious? This is not jurisprudence. This is butthurt nonsense. This doofus has done more damage to his cause than he can possibly imagine.

Alito right now is conceptualizing an opinion that Kennedy can agree with.

125 posted on 08/04/2010 2:54:01 PM PDT by StAnDeliver (/)
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To: Smogger
They're not my facts. That's what this judge ruled. I made no assertion as to the veracity of his opinion. Take your anger out on someone who deserves it.
126 posted on 08/04/2010 2:54:33 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: Cboldt

LOL! You really think he is going to stay this decision. I expect that it will go into affect immediately.


127 posted on 08/04/2010 2:54:36 PM PDT by Smogger
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To: tsmith130
Around page 112 ("FF" is a reference to a finding of fact, earlier in the opinion) ...

The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. FF 21. Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed.

128 posted on 08/04/2010 2:54:57 PM PDT by Cboldt
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To: Red in Blue PA
"Someone please tell me again why I should take the time to vote? A single judge can overturn the will of the people. "

Because those judges reflect the will of the people through the nominating process - they're nominated by someone who was elected, and they are confirmed by someone who was elected. We need to start electing better people, then we'll have better judges.

129 posted on 08/04/2010 2:55:47 PM PDT by OldDeckHand
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To: tsmith130
I say we give California back to Mexico. All the amoral people and communist left-wing judges can move there as well. I wonder when the weirdos in California will put a proposition on the ballet inter-species marriage. California used to be a great state with proud people, now it just an embarrassment.
130 posted on 08/04/2010 2:56:19 PM PDT by reader25
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To: BuckeyeTexan

I haven’t read the opinion, but it’s fairly common knowledge how California arrived at this point. Through one Judicial fiat after another. You might want to familiarize yourself with the facts, before you start regurgitating what I assume is a synopsis of the judges ruling.


131 posted on 08/04/2010 2:56:27 PM PDT by Smogger
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To: tsmith130

The “rational basis” test is cited throughout this ruling. Basically what that means is a judge has concluded that whatever law he agrees with is “rational” and whatever law he disagrees with is insane (along with all those people who support it, presumably).


132 posted on 08/04/2010 2:56:27 PM PDT by feralcat
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To: tsmith130

All judicial legislation is loathsome.


133 posted on 08/04/2010 2:57:01 PM PDT by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: deep

I’m with you 1,000,000%! I’ve lived in MA all my life, I DO NOT want the rest of my country ending up like MA.


134 posted on 08/04/2010 2:57:01 PM PDT by GOPsterinMA (Vote Jill Stein for governor.)
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Comment #135 Removed by Moderator

To: TexasCajun

It is public knowledge that he is gay. It is in his bio write up of wikipedia.

http://en.wikipedia.org/wiki/Vaughn_R._Walker


136 posted on 08/04/2010 2:58:55 PM PDT by Dubya-M-DeesWent2SyriaStupid!
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To: tsmith130

Another low-level meddling district judge looking for media attention is all. Overturned on appeal.


137 posted on 08/04/2010 2:59:28 PM PDT by speciallybland
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To: reader25
I wonder when the weirdos in California will put a proposition on the ballet inter-species marriage.

Another ridiculously ignorant screed. The "weirdos" in California voted in 2008 to re-affirm their desire to make marriage between one man and one woman. A Federal judge. A Reagan appointee just struck down our wishes.

138 posted on 08/04/2010 2:59:35 PM PDT by Smogger
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To: Smogger
-- You really think he is going to stay this decision. I expect that it will go into affect immediately. --

It's his call. We'll see. The judgment is ordered entered immediately ...

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

139 posted on 08/04/2010 3:00:31 PM PDT by Cboldt
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To: tsmith130

Why even bother vote anymore?

The Constitution only covers liberal minority groups anymore. :(:(:(


140 posted on 08/04/2010 3:00:46 PM PDT by Tzimisce (No thanks. We have enough government already. - The Tick)
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