It wasn't old, it passed what, a year ago?
One side made a case based on law and precedent.
The other had two points. 1) Gays can't have kids and 2)Think of the children. I'm not making this up, it's all there in the decision.
Maybe what you are talking about was the plan. Maybe they made this case as clear-cut as they did so that national rage would grow and lead to some kind of change to the constitution. When I am in a really bad mood thinking about this stuff, I suspect that sometimes. But the fact remains that the defendants of the proposition did a piss poor job.
The Judge did his job. And he was a Bush appointee, as well, so hardly a paragon of liberal thought.
This is not about a sensationalist activist judge taking the law into his own hands. This is about a law passed by referendum that is completely wrong, morally, ethically, and legally. Whatever the consequences, whatever panicky people do in the wake of all of this, the judge did the right thing, and a law got struck down. It will go to SCOTUS, and based on the ruling made by the Judge, (which has to be proven in error to be overturned) anyone differing would have to say that only marriages that can produce offspring are valid, or that homosexuals are incapable of being good parents.
We'll see what happens after that. But currently? This is the right move. NEVER sacrifice justice for convenience.
One side made a case based on law and precedent.
The other had two points. 1) Gays can't have kids and 2)Think of the children. I'm not making this up, it's all there in the decision.
Maybe what you are talking about was the plan. Maybe they made this case as clear-cut as they did so that national rage would grow and lead to some kind of change to the constitution. When I am in a really bad mood thinking about this stuff, I suspect that sometimes. But the fact remains that the defendants of the proposition did a piss poor job.
The Judge did his job. And he was a Bush appointee, as well, so hardly a paragon of liberal thought.
This is not about a sensationalist activist judge taking the law into his own hands. This is about a law passed by referendum that is completely wrong, morally, ethically, and legally. Whatever the consequences, whatever panicky people do in the wake of all of this, the judge did the right thing, and a law got struck down. It will go to SCOTUS, and based on the ruling made by the Judge, (which has to be proven in error to be overturned) anyone differing would have to say that only marriages that can produce offspring are valid, or that homosexuals are incapable of being good parents.
We'll see what happens after that. But currently? This is the right move. NEVER sacrifice justice for convenience.
Eschew Verbosity
Judge rules California's ban on same-sex marriage is unconstitutional
04/08/2010 10:40:50 PM
- 1364 Views
Good news, but as the article says, it'll go all the way to the SC.
04/08/2010 10:55:58 PM
- 714 Views
So then is that how we do it?
04/08/2010 11:01:19 PM
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Of course.
04/08/2010 11:04:59 PM
- 746 Views
His point was
04/08/2010 11:40:14 PM
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Yeah but: What Ghavrel said below *NM*
05/08/2010 08:01:02 AM
- 433 Views
And again...
05/08/2010 06:08:56 PM
- 593 Views
To quote my property professor: "Can I make you think like a Californian?"
05/08/2010 06:39:48 PM
- 665 Views
I'm not the one who came up with the referendum system, you do realize.
04/08/2010 11:11:13 PM
- 736 Views
The referendum system, in my opinion, has been a failure, especially in CA.
04/08/2010 11:46:21 PM
- 820 Views
democracy has been a failure in CA.
05/08/2010 02:42:21 PM
- 605 Views
No. It just shows the problems of a crazy electorate.
05/08/2010 03:29:21 PM
- 722 Views
we vote fro way to much crap in general
05/08/2010 02:41:19 PM
- 666 Views
Yes, you still have to abide by the Constitution, even if a lot of people don't like it. *NM*
05/08/2010 12:07:44 AM
- 386 Views
Amend the Constitution to alter the Fourteenth Amendment if you don't like it. *NM*
05/08/2010 01:09:51 AM
- 446 Views
just a devil's advocate position here, but....
05/08/2010 04:23:43 AM
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Marriage is either an economic status regulated by law or a religious institution.
05/08/2010 05:13:17 AM
- 777 Views
There are certain things that should not be decided by a vote...
05/08/2010 02:02:45 AM
- 731 Views
I do agree with you on that. Hell yes, and on a subject like this in particular.
05/08/2010 02:17:24 AM
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Re: I do agree with you on that. Hell yes, and on a subject like this in particular.
05/08/2010 10:46:54 AM
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I understand it.
05/08/2010 03:06:40 PM
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I know you don't support proposition 8
05/08/2010 03:29:34 PM
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05/08/2010 03:34:01 PM
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But that is just simplistic and silly to complain about when it is a long standing possibility
05/08/2010 03:46:59 PM
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Oh, ees it?
05/08/2010 04:07:39 PM
- 807 Views
Well they knew the rules before they started the whole thing
05/08/2010 04:12:33 PM
- 646 Views
Why would you complain if you won?
05/08/2010 04:15:20 PM
- 736 Views
You could recognise that you won by the system working in a way you don't like?
05/08/2010 04:23:58 PM
- 618 Views
I'm sure that happens, in general.
06/08/2010 02:43:18 PM
- 603 Views
It seems to happen a lot nowadays
06/08/2010 03:06:33 PM
- 637 Views
It's so weird that you feel differently - there is only room for one opinion here!
06/08/2010 03:41:52 PM
- 564 Views
instead it should be decided by judges who answer to no one? *NM*
05/08/2010 07:12:59 AM
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The same judges who upheld our private right to bear arms.
05/08/2010 02:09:07 PM
- 766 Views
not when judges stop using the Constitution
05/08/2010 02:30:51 PM
- 741 Views
Sexual preference is not the right being protected.
05/08/2010 03:22:04 PM
- 810 Views
I know that the 14th amendment is routinely used in ways it was never intended.
05/08/2010 05:25:07 PM
- 720 Views
I realize that, but it is ultimately a good thing.
05/08/2010 05:31:19 PM
- 792 Views
let's take away the citizenship of all black people if that's the way you think
05/08/2010 09:06:23 PM
- 648 Views
Come now lets not be stupid
06/08/2010 05:31:18 PM
- 615 Views
sorry but your statement was completely ignorant.
06/08/2010 07:27:09 PM
- 734 Views
I will talk as soon as you stop spouting stupid rhetoric and say something relevant
06/08/2010 07:54:09 PM
- 698 Views
Let's just be clear about which amendment is which.
05/08/2010 11:50:57 PM
- 614 Views
but that still ignores intent and expands the law in ways not intnented when it created
06/08/2010 04:53:43 AM
- 673 Views
Yes, no, no, and no.
06/08/2010 05:29:09 AM
- 708 Views
there are serious flaws in your thinking here
06/08/2010 06:18:13 PM
- 788 Views
Your assertions continue to lack support.
06/08/2010 07:23:17 PM
- 815 Views
not all you just refuse to see things you disagree with
06/08/2010 08:36:32 PM
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...said the pot to the kettle
06/08/2010 09:17:28 PM
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yes but a shiny stainless steel pot
09/08/2010 11:21:33 PM
- 898 Views
You continue to be wrong about history and the role of courts.
10/08/2010 01:05:39 AM
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If he's wrong, a lot of law scholars and Supreme Court Justices are wrong.
10/08/2010 01:44:05 AM
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Brown vs. Board of Education, 'nuff said. *NM*
10/08/2010 04:32:37 AM
- 385 Views
Actually, that only proves his point, if I understand correctly. *NM*
10/08/2010 11:11:19 AM
- 413 Views
part oif the problem appears to be you completely missing the point
10/08/2010 01:23:19 PM
- 915 Views
There's a simple way to determine the degree to which that opinion is objective or subjective...
06/08/2010 09:32:21 PM
- 648 Views
Since when is marriage a right? *NM*
05/08/2010 04:11:16 PM
- 375 Views
it may not be a "right"...
05/08/2010 04:22:44 PM
- 649 Views
It's a benefit that is being extended selectively to one set of the populace.
05/08/2010 04:52:52 PM
- 732 Views
Hey, I'm single....
05/08/2010 05:05:41 PM
- 645 Views
That's a specious argument and you know it.
05/08/2010 05:13:17 PM
- 718 Views
A homosexual has every opportunity as well.....
05/08/2010 05:23:56 PM
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Oh quit the bullshit already.
05/08/2010 05:29:15 PM
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Sorry, but what a nonsense.
05/08/2010 09:27:17 PM
- 633 Views
hey that's it, jens! you solved the WHOLE PROBLEM!!!
05/08/2010 11:24:29 PM
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ON TO WORLD HUNGER!
06/08/2010 07:59:51 AM
- 660 Views
LET THEM HAVE CAEK. *NM*
06/08/2010 02:29:56 PM
- 356 Views
Are you sure it's wise to feed people on a lie? *NM*
06/08/2010 02:34:26 PM
- 447 Views
People are fed lies all the time
06/08/2010 09:30:37 PM
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Quite so, but I don't think it's commonly a mainstay of their diet *NM*
06/08/2010 09:50:33 PM
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It is the only thing which is abundant enough for everyone to have some... *NM*
06/08/2010 10:01:44 PM
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I invite you to read the judge's conclusions, linked again inside.
05/08/2010 11:43:44 PM
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Since 1948
06/08/2010 04:01:02 AM
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gah. can. only. see. typo. *NM*
06/08/2010 03:43:21 PM
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I don't see any typo... *NM*
06/08/2010 04:07:18 PM
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I agree
05/08/2010 07:22:17 AM
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And Civil Rights lost the Democrats the South.
05/08/2010 03:44:56 PM
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but it was done by congress passing laws and the president signing those laws
05/08/2010 04:20:19 PM
- 683 Views
I was under the impression that the supreme court had a role in it
05/08/2010 04:31:51 PM
- 661 Views
but the court was not over turning the laws passed by congress
05/08/2010 05:11:06 PM
- 707 Views
No, like in this case, isn't it?
05/08/2010 05:24:19 PM
- 653 Views
I would say that is another case of judicial activism and shows the danger of the practice
05/08/2010 05:43:02 PM
- 620 Views
The law wasn't constitutional.
07/08/2010 06:17:04 AM
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Hard to believe it's the same governor who said "Gay marriage should be between a man and a woman." *NM*
04/08/2010 11:05:45 PM
- 459 Views
Link to the full court order inside:
04/08/2010 11:43:29 PM
- 845 Views
The judge quoting Scalia in favour of gay marriage is fairly amusing.
04/08/2010 11:50:47 PM
- 723 Views
What page was that on?
05/08/2010 11:25:49 AM
- 640 Views
Nah, it was way above page 109, in the findings of fact somewhere.
05/08/2010 12:37:48 PM
- 744 Views
Oh, that is brilliant.
05/08/2010 01:12:21 PM
- 648 Views
Pretty much.
05/08/2010 01:44:22 PM
- 775 Views
I've always wondered what basis there is for banning necrophilia if "it's disgusting" is invalid.
05/08/2010 01:51:19 PM
- 723 Views
because you cannot give consent when you are dead?
05/08/2010 03:04:46 PM
- 711 Views
what if you give consent while you are still alive?
05/08/2010 03:21:59 PM
- 812 Views
Is it then illegal?
05/08/2010 03:23:46 PM
- 730 Views
given I imagine the pro-necrophilia lobby isn't strong in numbers or influence
05/08/2010 03:33:11 PM
- 783 Views
Re: given I imagine the pro-necrophilia lobby isn't strong in numbers or influence
05/08/2010 03:34:57 PM
- 826 Views
I would think it would be illegal even then
05/08/2010 03:34:31 PM
- 744 Views
Wikipedia to the rescue!
05/08/2010 04:20:15 PM
- 870 Views
you would hope the other states would cover it under improper treatmentof human remains
05/08/2010 07:38:59 PM
- 689 Views
A dead body is just an object, not a person with rights.
05/08/2010 03:27:08 PM
- 732 Views
Yes, but
06/08/2010 08:42:05 AM
- 685 Views
Absolutely not.
06/08/2010 03:21:14 PM
- 738 Views
not to mention necrophilia has a large potential to be hazardous to health.
06/08/2010 09:42:43 PM
- 785 Views
Irrelevant decision.....this was heading to SCOTUS from day 1 *NM*
05/08/2010 12:53:26 AM
- 414 Views