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Posts Tagged ‘California Proposition 8’

Prog 8 – Don’t go Rushing to the Alter Yet…

August 17, 2010 Leave a comment

Judge Vaugh Walker’s ruling that spun heads on August 4th and allowed for same-sex marriage has been put on stay by the Ninth Circuit. The Ninth Circuit which is made up of three judges is set to be hearing arguments the first week of December in San Francisco. During which, both sides of the issue will be addressed.

Prop 8

Prop 8

Normally, only the party being “hurt” by the rulling is granted the right of standing or the right to appeal. This situation is playing out a bit ordinarilly since Governor Arnold Schwarzenegger and Attorney General Jerry Brown were against the stay and the appeal of Judge Vaughn Walkers Rulling. A case will have to be made to the Ninth Circuit explaing why those who are not affected by Judge Walkers order has the right to appeal.

And so the wait for equality in marrige continues…

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California Prop 8-Oh No He Didn’t

August 6, 2010 1 comment

Before we get into the more nitty grittiness of it all lets lay out what exactly is prop 8.  It is defined by Wikipedia.org as “ was a ballot proposition and constitutional amendment passed in the November 2008, state elections. The measure added a new provision, Section 7.5 of the Declaration of Rights, to the California Constitution, which provides that “only marriage between a man and a woman is valid or recognized in California.”  Groups and organizations have been formed in the name of defending prop 8 such as Protect Marriage.com.

California Prop 8

Proposition 8

Prop 8 went to effect right after the elections but did not cause any damage to domestic partnerships or marriages of the same sex that occurred prior to November 8th.  Results of this 2008 ballot were deemed unconstitutional shortly after the state elections.  A point of view held by some who oppose prop 8 do so on the grounds that heterosexual marriages is an essential institution in society.  From there, some hold the point of view holding the constitution to what is has historically would “result” in having our kids being taught that gay marriage is okay and that “gays do not have the right to redefine marriage for everyone else”.  But in a way, aren’t those who hold this view point in turn defining what marriage should be for everyone… which seems somewhat double standard to what their concerns are if prop 8 was not passed?  Somewhat of a, “they cannot redefine for us, but we will define for them”- perspective.  This is the idea that those who oppose prop 8 work off of.  Basically, some feel that the constitution should allow everyone to have the freedom of that choice and that prop 8 contradicts that saying if you are a heterosexual couple than you have that constitutional right, but if you’re a homosexual couple… not so much

Just about a year later on August 4, 2010  Judge Vaughn Walker of the U.S. District court overturned Proposition 8 in the case of Perry v. Schwarzenegger.  A huge victory for those who oppose it and a bitter apple for those campaigns who supported it and raised 39.9 million in 2008.  On what grounds did Judge Walker make such a decision?  On the findings that the proposition violated the federal equal protection rights of gay individuals and “due process against government action that deprives them of liberty and rights.”  Also, Judge Vaughn Walker stated that the two witnesses for the Preposition 8 defense brought forth did not make a case showing that voters had “rational reason – beyond disapproval – to deny gays a fundamental right such as marriage”.

What did Prop 8 supporters have to say about this?  “Oh no you don’t”, in essence.  Supporters aren’t buying Judge Walkers reasoning and are deeming it flawed and took it to the 9th Circuit Court of Appeals and eventually to the U.S. Supreme Court.

So as of now it’s up in the courts and to be determined…  What are your thoughts?