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FNC: California law banning gay marriage is unconstitutional
Fox News | March 14, 2005

Posted on 03/14/2005 12:16:45 PM PST by Dont Mention the War

Breaking...


TOPICS: Breaking News; Culture/Society; Government; US: California
KEYWORDS: 1996; aba; adoption; amendment; behavior; children; dma; doma; father; federal; fma; gaymarriage; glsen; homosexualagenda; hrc; lamda; legal; marriage; mother; orgasm; pedophile; pflag; ruling; samesexmarriage; sex
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To: Dont Mention the War

Time to recall some judges.


61 posted on 03/14/2005 12:47:38 PM PST by Dan from Michigan (Mark Sanford for President in 2008)
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To: TheresaKett

Get-out-of-the-blue-state-while-you-still-can ping


62 posted on 03/14/2005 12:48:17 PM PST by day10 (Rules cannot substitute for character.)
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To: Dont Mention the War

So Art Bell's earthquake prediction will definitely come true- maybe sooner than we think.


63 posted on 03/14/2005 12:48:45 PM PST by Rockitz (After all these years, it's still rocket science.)
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To: Kretek; edcoil

Prop 22 was not an amendment to the Constitution, it added a statute to the Family Code. Thus (although in reality it is not) a judge could find it unconstitutional


64 posted on 03/14/2005 12:48:48 PM PST by republicofdavis
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To: So Cal Rocket
"It appears that no rational purpose exists
for limiting marriage in this state to opposite-
sex partners," Kramer wrote.


65 posted on 03/14/2005 12:49:20 PM PST by Petronski (If 'Judge' Greer can kill Terri, who will be next?)
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To: Vets_Husband_and_Wife
Here's info on a recall effort against another Superior Court judge:

Recall

A problem is that this case is in San Francisco, and it might be hard to recall a judge there. Those ACLU bastards are crafty. We need more statutes that limit jurisdiction of their suits and judicial selection process. They always seem to find their man.

66 posted on 03/14/2005 12:49:33 PM PST by Defiant (This tagline has targeted 10 journalists intentionally, that I personally know of.)
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To: Ditto

But per So Cal Rocket's synopsis, the judge starts out using a rational basis test, suggesting that the law does not have a rational relationship to a legitimate state purpose. Then he jumps to a denial of equal protection, which would call for strict scrutiny.
Since when is being a homosexual a suspect category?
One more time J. Kramer: you guys in the gowns interpret the laws, while the guys/gals in suits make them.
(Let's hoist them, whaddya say? "We are a notion of laws, not men." US v. Nixon, 1974)


67 posted on 03/14/2005 12:50:48 PM PST by tumblindice (Our Founding Fathers: all conservative gun owners)
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To: wk4bush2004

Impeachments are paper. Tyrants don't care about no stinking paper.
Now is the time for all good men to come to the aid of their country. Keep your powder dry boys.


68 posted on 03/14/2005 12:51:41 PM PST by rant57
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To: tumblindice

notion=nation


69 posted on 03/14/2005 12:51:45 PM PST by tumblindice (Our Founding Fathers: all conservative gun owners)
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To: beansox

"california is sooo wacked. its unconstitutional to prevent same sex marriage... but just try to light up a ciggerette on the beach..."

Hey just tell the judge you were just trying to smoke a fag, and that'll completely confuse 'em!

:)


70 posted on 03/14/2005 12:51:54 PM PST by Frank_Discussion (May the wings of Liberty never lose a feather!)
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To: Dont Mention the War
"It appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners," Kramer wrote.

Who is this turkey ?

71 posted on 03/14/2005 12:52:08 PM PST by oldbrowser (What really matters is culture, ethos, character, and morality)
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To: Avenger

>> Also no rational reason why mother-daughter, father-son, brother-brother, sister-sister can't marry. In the case of mother-daughter or father-son, it would be quite practical for children taking care of elderly parents and needing the SS survivor benefits, and no inhertance tax. <<

Then it'll be adult-child, human-animal, environmentalist-tree, etc. ("Get away from my wife with that chainsaw!") Once you junk the religious reasons for man-woman marriage, and it becomes "because I want to", what standard remains to use in deciding what's right or wrong?


72 posted on 03/14/2005 12:52:17 PM PST by American Quilter
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To: republicofdavis; calcowgirl
Thanks. I got the two efforts conflated in my mind and thought that a Constitutional amendment had been passed.

As statute, even one passed by the voters themselves and not the Legislature, it can be held unconstitutional. An amendment would not suffer that same vulnerability.

73 posted on 03/14/2005 12:52:54 PM PST by Kretek
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To: gridlock

Right on. I have felt this way for a long time.


74 posted on 03/14/2005 12:54:01 PM PST by JCRoberts (We're at war. You think we're going to win it with a bunch of fish-eaters...Denny Crane)
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To: mewzilla

Or polyamory :)


75 posted on 03/14/2005 12:57:25 PM PST by A Ruckus of Dogs
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To: So Cal Rocket
In an opinion that had been awaited because of San Francisco's historical role as a gay rights battleground, San Francisco County Superior Court Judge Richard Kramer said that withholding marriage licenses from gays and lesbians is unconstitutional.

Here's a chink in the pervert armor, and a chance for the other 90% to speak up.

Superior Court judges ARE subject to "no confidence" votes!

76 posted on 03/14/2005 12:57:25 PM PST by Publius6961 (The most abundant things in the universe are ignorance, stupidity and hydrogen)
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To: Kretek
An amendment would not suffer that same vulnerability.

In Colorado a few years back an amendment to the Colorado Constitution was thrown out by a judge after it was approved by vote - guess what it was about?

Yep! Limiting gay special rights. We are now a lawless society.

77 posted on 03/14/2005 12:59:01 PM PST by DaveyB (Professing to become wise they became fools!)
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To: So Cal Rocket
"It appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners," Kramer wrote.

Nothing except a law passed by 2/3 of California voters.

78 posted on 03/14/2005 1:00:30 PM PST by GVnana (If I had a Buckhead moment would I know it?)
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To: Modernman
If it's an amendment to the state constitution

Per the down thread article it refers to it as a statutory law.
IMO the SCOC should reverse this ruling, and if not, then stone-cold-lock-winning state constitutional amendment will be in order.

79 posted on 03/14/2005 1:00:53 PM PST by TeleStraightShooter (USMC: Putting MMoore's "MinuteMen", the Fallujah Snuff Video Productions, Out Of Business)
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To: All

I have said it before, and I am not kidding. Someday, there will be a lawsuit by someone wanting to marry his goat. Don't laugh. If someone can change a thousands year old definition of marriage, why can't they change it again? What about consent? Well, what about it? A court could determine that an animal has no right to give consent, and the wishes of the pervert is what controls. After all, if a guy is screwing his goat, what business is it of yours? People have willed money to their pets.


80 posted on 03/14/2005 1:01:43 PM PST by doug from upland (Ray Charles --- a great musician and safer driver than Ted Kennedy)
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