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Appeals court rules ban on gay marriages OK
Tucson Citizen and The Arizona Republic ^ | 10/08/2003 | A.J. FLICK and JUDY NICHOLS

Posted on 10/09/2003 2:53:23 PM PDT by azemt

Arizona's ban on gay marriage is constitutional, a state appellate court ruled yesterday, dashing the hopes of two Phoenix men who wanted legal recognition of their vows.

"Although many traditional views of homosexuality have been recast over time in our state and Nation, the choice to marry a same-sex partner has not taken sufficient root to receive constitutional protection as a fundamental right," wrote Presiding Judge Ann A. Scott Timmer for the unanimous three-judge panel in Phoenix.

The state has a reasonable interest in seeing that procreation happens in a marriage between a man and a woman, the court wrote in a detailed, 34-page ruling.

The ruling, the first by an appellate court since the U.S. Supreme Court overturned sodomy laws in Texas, was hailed by opponents of gay marriage and downplayed by national gay rights groups.

"We're sad they felt that way, that they decided that way," said Don Standhardt, who along with partner Tod Keltner had applied for a marriage license and been denied.

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


TOPICS: Constitution/Conservatism; Culture/Society; US: Arizona
KEYWORDS: homosexualagenda; samesexmarriage
The article goes on to present various gays' views on the ruling, but, regardless where one stands on the gay marriage issue, does it bother anyone else that this judge thinks "fundamental rights" are subject to being "recast" over time?
I thought the whole idea of "fundamental rights" was that they are immutable.
1 posted on 10/09/2003 2:53:25 PM PDT by azemt
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To: azemt
This is good news.
2 posted on 10/09/2003 2:54:20 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: All
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3 posted on 10/09/2003 2:55:18 PM PDT by Support Free Republic (Your support keeps Free Republic going strong!)
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To: Saundra Duffy
Agreed, but it really bothers me that there are judges out there just waiting for the opportunity to change this when the idea has taken "sufficient root". That's not constitutional at all!
If the idea really had "sufficient root", then the legislature would change the law - not the judiciary.
4 posted on 10/09/2003 3:02:18 PM PDT by azemt (What ever happened to checks and balances?)
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To: azemt
When is the Massachusetts court going to rule?
5 posted on 10/09/2003 3:03:04 PM PDT by aristeides
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To: azemt
Yes. That quote jumped off the screen at me.
6 posted on 10/09/2003 3:14:50 PM PDT by Texas_Jarhead
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To: azemt
"....does it bother anyone else that this judge thinks "fundamental rights" are subject to being "recast" over time? I thought the whole idea of "fundamental rights" was that they are immutable."

Yes. It bothers me plenty. This judge clearly thinks society isn't "ready" for this, yet, but we will be, in time. And yes, fundamental rights were described in the Declaration as coming from God. If you're postmodern, however, they are just whatever the "privileged" dream up at any given time.

The judge is a clintonista jerk.

7 posted on 10/09/2003 3:38:44 PM PDT by Irene Adler
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To: azemt
SPOTREP
8 posted on 10/09/2003 3:40:50 PM PDT by LiteKeeper
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To: Support Free Republic
"It should be clear to all conservatives by now that the left intends to demonize us. They don't just disagree with us, they hate us. And worse, they want to get other people to hate us".

I agree that they have an axe to grind. Gay marriage is another chapter from their book of PC (Politically Correct). Indeed, many Gays and their supporters hate us conservatives with a passion. "Bigot" is one insulting word they use to label a person as socially inept. I've been called a "bigot" and I'm okay with that, since I know what is right and what is left...I mean wrong. At least I have a well informed opinion based on God's commandment to live a moral lifestyle. And I'm not about to support the (political) establishment of Gay marriage, which is an abomination of God's plan for a man & his wife (woman). Hint; it was Adam & Eve, not Adam and Steve. Those who are gay and single are free to mingle and choose that (wrong) path to marriage. I say that they best not force the courts to make gay marriage legal. We all are entitled to our own opinions and that is where this issue should end. It should not be a topic of hatred either way.

Andy Rooney wrote a commentary that touched on this topic. Here is one sentence from that commentary:

"I think that if you feel homosexuality is wrong, it is not a phobia, it is an opinion".

The key here is the label, "homophobic". It is not even a word. This label is used to degrade someone like me who has convictions based on God's Word. Insults like "homophobic" are meant to hurt someone and imply that a "phobia" exists. Chances are they are the ones that have a psychological disorder, since making such skewed lifestyle choices like gay partnership is usually product of a cruel incident (rape or sodomy) in their own past. There is research that indicates a strong parallel. I believe that these people who live with such psychological scares know nothing better than a twisted interpretation of marriage.

9 posted on 10/09/2003 3:57:44 PM PDT by American Sovereignty Defender (Keep America Red, White, and Blue!)
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To: azemt
"The state has a reasonable interest in seeing that procreation happens in a marriage between a man and a woman, the court wrote..."

This is not the remark of people who believe in liberty.

This is the language that tyrannts, such as Hitler, used to validate laws to prevent the marriage of Jews to Arians.

10 posted on 10/09/2003 4:37:07 PM PDT by tahiti
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