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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: freedomwarrior998; Smogger
-- The decision has been stayed. --

Thanks for that. I figured it would be. But this one is just long enough to hear rebuttal from plaintiff, after which a decision for a more lengthy stay will be made.

The district court also issued an order [linked] granting a temporary stay of its ruling until the recently filed motion for a stay pending appeal can be fully briefed and decided.
Posted at 05:11 PM by Howard Bashman
The order reads as follows ...

Defendant-intervenors ("proponents") have moved to stay the court's judgment pending appeal. Doc #705. They noticed the motion for October 21, 2010 and moved to shorten time. Doc #706.

The motion to shorten time is GRANTED.

Plaintiffs, plaintiff-intervenor and defendants are DIRECTED to submit their responses to the motion to stay on or before August 6, 2010, at which time the motion will stand submitted without a hearing unless otherwise ordered.

The clerk shall STAY entry of judgment herein until the motion to stay pending appeal, Doc #705, has been decided.


201 posted on 08/04/2010 3:45:40 PM PDT by Cboldt
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To: tsmith130

This is as morally and legally corrupt as it gets. This judge just castrated the votes of the majority of California. What will stop this tyranny!

Sodomy is not a virtue. It is a sin.


202 posted on 08/04/2010 3:46:36 PM PDT by 444Flyer
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To: tsmith130; Admin Moderator
Admin moderator could you add this at the top please? Thank you.

Looks like the judge has granted a stay pending appeal. It's only for a few days however....

(http://www.scribd.com/doc/35377313/Perry-v-Schwarzennegger-Order-Staying-Judgment-Pending-Motion-for-Stay-Pending-Appeal)

203 posted on 08/04/2010 3:46:39 PM PDT by tsmith130
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To: CAluvdubya

That’s why folks on our side who say, “I’m for states’ rights, so let the states decide for themselves about gay marriage” are wrong. California decided, and a judge took it away. If it wasn’t for activists judges, states’ rights would be a great position for a conservative to take, but it isn’t realistic now.


204 posted on 08/04/2010 3:47:05 PM PDT by Rastus
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To: Mad Dawgg; All

If equal protection is the issue then about 50 million of us now need to file lawsuits.

If the government must treat every equally then lets force it.

If they give free medical, schools, food, housing to one, it must be given to all. It is not equal to tax one citizen at 35% and not another.

If equal protection means equal then we need to get a website and group together and sue so that all of us pay the same percentage in taxes and not citizen is given anything not equality given to another.


205 posted on 08/04/2010 3:50:37 PM PDT by edcoil (Truth's commotion is directly proportional to how deeply the lie was believed.)
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To: VanDeKoik
So polygamy is a go as well?

My thought. What is to keep Muslims from having more than one wife? It would seem to be their right, even more so as it is called for in their religion. The concept of marriage is now not what we were taught, it is now whatever relationship you want.

206 posted on 08/04/2010 3:51:06 PM PDT by engrpat (A village in Kenya is missing their idiot...lets send him back)
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To: engrpat
The concept of marriage is now not what we were taught, it is now whatever relationship you want.

Bingo.

207 posted on 08/04/2010 3:52:07 PM PDT by dfwgator
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To: tsmith130

How can a state Constitution violate due process? The Constitution IS due process. Geez.


208 posted on 08/04/2010 3:52:43 PM PDT by Hoodat (.For the weapons of our warfare are mighty in God for pulling down strongholds.)
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To: tsmith130

Not really a big deal IMHO. The west has already undermined marriage so much between heterosexuals that its almost a dead institution. This just drives the last nail in the coffin.


209 posted on 08/04/2010 3:53:14 PM PDT by trapped_in_LA
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To: tsmith130

Why put it to a vote by the California people in the first place? =.=


210 posted on 08/04/2010 3:54:16 PM PDT by cranked
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To: dfwgator

macsnob: “you have a very sexy apple logo Miss Ipad.”

(ok but the law can’t stop a macsnob from marrying their ipadd)


211 posted on 08/04/2010 3:54:22 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: tsmith130
This will go to the Supreme Court where our enlightened elites will decide for us whether marriage will remain as it always has, or become anything anyone wants it to be.

Our nation is a moral sewer. I tremble for my nation when I remember that God is just.
212 posted on 08/04/2010 3:54:57 PM PDT by Antoninus (It's a degenerate society where dogs have more legal rights than unborn babies.)
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To: Rastus

It’s pretty d*mned discouraging. You have to figure that a state as liberal as CA that votes twice against gay marriage is really making a statement for the country and still a judge comes in negates our votes.


213 posted on 08/04/2010 3:55:03 PM PDT by CAluvdubya ("Sarah Palin fights, we cannot spare her."--GonzoGOP)
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To: engrpat

We are now *Mysterey Babylon* or the *Roman Empire*

What’s next? A Mosque near *Ground Zero* Sharia Law.
New World Order, Mark of the Beast...

Yep right on target.....

This WORLD belongs to the Antichrist and his minions in government.


214 posted on 08/04/2010 3:56:34 PM PDT by TaraP (He never offered our victories without fighting but he said help would always come in time)
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To: tsmith130

Does anyone know if a stay was granted until appeal, or did Walker schedule that for another hearing 2 or 3 months down the road?


215 posted on 08/04/2010 3:56:38 PM PDT by fwdude (Anita Bryant was right.)
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To: 444Flyer
This judge just castrated the votes of the majority of California.

From page 116:

That the majority of California voters supported Proposition 8 is irrelevant, as “fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.”

Irrelevant?!

216 posted on 08/04/2010 3:56:48 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: fwdude

See my post @ 203. Stay granted for a few days.


217 posted on 08/04/2010 3:58:30 PM PDT by tsmith130
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To: cranked
Why put it to a vote by the California people in the first place? =.=

Apparently there was no reason to do so. The judge says it's irrelevant. From page 116:

That the majority of California voters supported Proposition 8 is irrelevant, as “fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.”

Irrelevant?!

218 posted on 08/04/2010 3:59:47 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: fwdude

See post 201


219 posted on 08/04/2010 3:59:56 PM PDT by Cboldt
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To: tsmith130

stay for a few days for the appeal to take place?

Then stayed pending appeal?

Could this homosexual judge know that his ruling is wishful thinking and a “hail mary” pass?


220 posted on 08/04/2010 4:03:01 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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