California Supreme Court Overturns Same-Sex Marriage Ban

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Robear's picture

Looks like the judges ruled decisively against the ban. Gov. Schwarzenegger said he will not contest the ruling.

Quote:

"In contrast to earlier times, our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation," the court said in the 120-page ruling, "and, more generally, that an individual's sexual orientation -- like a person's race or gender -- does not constitute a legitimate basis upon which to deny or withhold legal rights.

"We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples."

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WizKid's picture
Location: San Diego

It's a sad, sad, day for California...

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Paleocon's picture
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WizKid wrote:
It's a sad, sad, day for California...

How so?

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Paleocon wrote:
WizKid wrote:
It's a sad, sad, day for California...

How so?

Hopefully not a "legislating from the bench" comment.

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kid_0k's picture
Location: Greensboro, NC

WizKid wrote:
It's a sad, sad, day for California...

Sounds like a reasonable day for California.

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Location: Cabin John, MD

Was June 12, 1967 a sad day for Virginia?

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This decision refers to the California Constitution and a large number of prior cases; it's not one that can be extended to the US Constitution and it's about as far from "legislating from the bench" as one can get, with 6 of 7 Republican-appointed judges agreeing on the verdict.

It's good to see the conservative attempts to create a nanny state fall short.

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Quote:

"In contrast to earlier times, our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation"

I believe that the child has to have a say in this, and if they are too young to do so, then they're by default entitled to a mommy and a daddy, and such priorities should be in play when an agency is considering pairs for adoption.

But that's just crazy talk ! CRAZY TALK !

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Location: Chicagoish

shihonage wrote:
Quote:

"In contrast to earlier times, our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation"

I believe that the child has to have a say in this, and if they are too young to do so, then they're by default entitled to a mommy and a daddy, and such priorities should be in play when an agency is considering pairs for adoption.

But that's just crazy talk ! CRAZY TALK !

Mommy + Mommy == Daddy + Daddy == Mommy + Daddy

Children never get the opportunity to choose their parents. I would much rather see a child with two loving parents (regardless of their sexual orientation) than two sh*tty parents (regardless of their sexual orientation).

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kaostheory wrote:

Children never get the opportunity to choose their parents.

Children usually get a mommy and a daddy to start with. Most families aren't single moms and single dads. A balance of genders is the natural way to do things. If a child is really taken with a dad-dad/mom-mom couple, realize what they're getting into and provide their consent, fine. Otherwise, it should by mom-dad couples only.

Quote:

I would much rather see a child with two loving parents (regardless of their sexual orientation) than two sh*tty parents (regardless of their sexual orientation).

That's irrelevant. Your gay couple may turn out to be sh*tty just as likely as a straight couple. Thats where the filtering process at adoption agency comes in.

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Trachalio's picture
Location: Winnipeg, Manitoba

WizKid wrote:
It's a sad, sad, day for California...

It is? I'm pretty frackin' happy that in my province I have the right to marry my boyfriend should our relationship grow and flourish.

Explain to me why California shouldn't allow that right?

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Location: New York, NY

Trachalio wrote:

It is? I'm pretty frackin' happy that in my province I have the right to marry my boyfriend should our relationship grow and flourish.

Explain to me why California should allow that right?

Are you gay? Over all of your years on this forum, I think it never came up before.

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Location: Winnipeg, Manitoba

Gorilla.800.lbs wrote:
Trachalio wrote:

It is? I'm pretty frackin' happy that in my province I have the right to marry my boyfriend should our relationship grow and flourish.

Explain to me why California shouldn't allow that right?

Are you gay? Over all of your years on this forum, I think it never came up before.

Yup yup. Luna knows the score, that's why she suggested "From Canada with Pride"

Normally I'm not in peoples faces about it, but that comment made me fly off the handle a bit.

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Location: bay area

Woo! Just in time for the election... again *sigh*

Don't get me wrong this is overwhelmingly a good thing. The timing couldn't be much worse with the general election around the corner.

If gay marriage doesn't sit well with you, I wish you'd change your mind but its fine if you don't. I just hope that you don't make it a litmus test as we have a lot of other serious issues to fix in the next few presidential terms.

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Thanks, California, for handing America over to John McCain.

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Location: New York, NY

I wouldn't worry too much about the impact on the elections right now. A lot of crazier stuff can (and will) happen till November.

Edit: went to foxnews.com to see what their newsdroids have to say. On the frontpage -- a big picture of the polygamist sect compound and some in-depth coverage (by the way -- technically, aren't those polygamists Christians?). The Calif gay marriage ban uplifting news is one of the links down the bottom, and coverage is pretty restrained.

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Gorilla.800.lbs wrote:
I wouldn't worry too much about the impact on the elections right now. A lot of crazier stuff can (and will) happen till November.

Really? Considering how Gavin Newsom's actions in '04 tipped the scales in Ohio, this can't bode well for the Democrats unless Obama or Clinton take a stand against the court ruling, which the latter and fading candidate is more likely to do than the other.

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Location: SF, CA

It's a glorious day for California.

Not only because of the marriage equality ruling, which is way overdue. (Legislature, being the proper channel for this, has already voted to legalize same-sex marriage, but was being halted by the silly proposition, which the supreme court struck down.)

But also, because the court settled that sexual orientation deserves equal protection, on the level of race or religion, thus shielding gays from casual discrimination. Also completely overdue.

Will it make the election year more interesting? Probably. At the same time, if Republicans start trying to frighten people with same-sex marriage again, it's going to feel like a desparate attempt at distraction, at a time when they should be explaining how they're going to fix the horrible economy, huge price increases, and the unending non-war in Iraq.

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Rat Boy wrote:
Gorilla.800.lbs wrote:
I wouldn't worry too much about the impact on the elections right now. A lot of crazier stuff can (and will) happen till November.

Really? Considering how Gavin Newsom's actions in '04 tipped the scales in Ohio, this can't bode well for the Democrats unless Obama or Clinton take a stand against the court ruling, which the latter and fading candidate is more likely to do than the other.

Obama might, but here's the deal: like doihaveto just said, it'll look like an attempt to distract people. All Obama would have to do is go "You're just trying to hide behind a non-issue to keep your complicity in the Iraq debacle hidden. I don't think so."

Will it make some people vote against Obama? Probably, but I doubt many of those who would vote against him specifically for that would have voted for him in the first place.

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Location: bay area

Unfortunately, for many people it isn't a non-issue. But I do think that words similar to those could work. I would just change "non-issue" to "narrowly focused wedge issue". Otherwise, you risk offending both sides. I'm sure gays, and those who think equal protections is common sense, would not call it a non-issue.

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WizKid's picture
Location: San Diego

Trachalio wrote:
WizKid wrote:
It's a sad, sad, day for California...

It is? I'm pretty frackin' happy that in my province I have the right to marry my boyfriend should our relationship grow and flourish.

Explain to me why California shouldn't allow that right?

What right? Show me where in the California constitution it says you have a "right" to marry? It doesn't. How many of you have taken the time to actually read the opinion? It's simply a bad judicial opinion, and a classic case of judicial over reach. Come on, when you need over 100 pages to invent a new right into the constitution you're pushing it. You're most likely agreeing with the opinion simply because you agree with the outcome, as most people are prone to do. Do the ends justify the means? Are you willing to undermine democracy, and the judicial system, to reach your goal; however noble you may feel it is? In 2000 the voice of people was asked (Proposition 22), and they said that the definition of marriage is between a man and a woman.

doihaveto wrote:
It's a glorious day for California.

Legislature, being the proper channel for this, has already voted to legalize same-sex marriage, but was being halted by the silly proposition, which the supreme court struck down.)


So it's a glorious day when an contentious issue is ruled on by the wrong channel?
You just admitted that the Judaical system is the wrong avenue.
So that brings us to the legislature, which you say is the proper channel, and which in your point of view is being held back by the "silly" will of the people. So just who does the legislature serve, it would seem in your view that it doesn't serve the people of California.

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Location: Monterey

Trachalio wrote:
Explain to me why California shouldn't allow that right?

I am very much in agreement with the decision of the court. I disagree with the notion that marriage is something that needs to be "protected" from same-sex unions. I have absolutely no problem with same-sex adoption and don't believe such couples would, on average across the entire population, be "worse" parents than straight couples adopting.

I get twitchy, however, when people start using the word "right". If we're talking the right of a US Citizen, the way that voting is a citizen's right, then OK, I'm on board.

However, I see Wil Wheaton post on Twitter using a phrase like "basic human rights" and I groan. The right to be a romantic couple with whomever you want is a human right. A government-issued marriage license piece of paper is not a "basic human right" for couples of any orientation. I guess it's a good thing that we in western countries can take our "basic human rights" so for granted that we lack perspective on what "basic" really means.

I imagine, though, that most people are referring to the rights of citizens when discussing such things, so I'm probably only taking exception to Wheaton.

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Robear wrote:
It's good to see the conservative attempts to create a nanny state fall short.

Yeah it's not like there was a state wide vote on the measure that was just defeated by the court or anything... It's about time you Californians learned that you only have rights if the government says you do.

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Location: Cabin John, MD

I wonder how the "states rights" folks in the unreconstructed South will take this. My guess is that "states rights" only count when you're trying to keep black folks from voting.

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Location: New York, NY

Paleo wrote:
I wonder how the "states rights" folks in the unreconstructed South will take this.quote]

The whole point should be moot down there. Why marry at all if you can take concubines!

*doihaveto* wrote:
It's a glorious day for California.

Congrats.

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Gorilla.800.lbs wrote:

The whole point should be moot down there. Why marry at all if you can take concubines!

At least you didn't go the incest route. That would have been too easy.

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Location: New York, NY

Paleocon wrote:
Gorilla.800.lbs wrote:

The whole point should be moot down there. Why marry at all if you can take concubines!

At least you didn't go the incest route. That would have been too easy.

Well, I do try to keep some level of civility!

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Gorilla.800.lbs wrote:
Paleocon wrote:
Gorilla.800.lbs wrote:

The whole point should be moot down there. Why marry at all if you can take concubines!

At least you didn't go the incest route. That would have been too easy.

Well, I do try to keep some level of civility!

That's because you're a Northeastern, yankee, educated, latte-drinking, volvo-driving elitist. Stop thinking you're better than we are!

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Nosferatu wrote:
Robear wrote:
It's good to see the conservative attempts to create a nanny state fall short.

Yeah it's not like there was a state wide vote on the measure that was just defeated by the court or anything... It's about time you Californians learned that you only have rights if the government says you do.

Yeah, and it's not like the 6/7ths Republican Supreme Court of California didn't review the law and find it to be unconstitutional according to the State's Constitution. Nosiree, can't have a judge doing his job, because that would be wrong.

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Can we please just stop legislating about who gets to f*ck who? Aren't there more important matters at hand?

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