The Inside Assyria Discussion Forum #5

=> Gay Marriage to Court Again

Posted by pancho (Moderator) - Tuesday, February 7 2012, 11:07:17 (UTC)
from *** - *** -

Windows XP -

Mozilla
Website:
Website title:

Proposition 8 is a voter-approved initiative that passed in 2008
A judge ruled the law unconstitutional and later revealed he was gay
Proposition 8 recognizes marriages only between one man and one woman
The case is expected to end up in the U.S. Supreme Court, both sides say

San Francisco (CNN) -- A three-judge panel with the 9th U.S. Circuit Court of Appeals is expected to rule Tuesday on whether California's same-sex marriage ban violates the Constitution.

After a two-week trial in 2010, Federal District Court Judge Vaughn Walker -- who has since retired -- overturned the voter-approved measure known as Proposition 8, saying gay and lesbian couples were unfairly denied the right to marry.

Walker's decision came into question because he was gay and in a long-term relationship. The court is being asked to invalidate the ruling.

District Court Judge James Ware has previously upheld the ruling.

"It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings," Ware ruled in June.

Ware, based in San Francisco, backed the original ruling by Walker that the ban on same-sex marriage in the state was unconstitutional -- a violation of equal protection.

The 9th Circuit, in a hearing just over a year ago, indicated it was inclined to toss out Prop 8.

The state's high court had allowed same-sex marriages in California, but then Proposition 8 passed with 52% of the vote in 2008. Prior to Walker's ruling, the California Supreme Court allowed that initiative to stand, saying it represented the will of the people.

Six states currently grant same-sex marriage licenses -- New York, Massachusetts, Connecticut, Iowa, Vermont and New Hampshire. The District of Columbia also does.

Five additional states recognize civil unions, providing state-level spousal rights to same-sex couples. They are Hawaii, Delaware, New Jersey, Illinois and Rhode Island.

Both sides of the dispute acknowledge the issue of same sex-marriage is likely headed to the U.S. Supreme Court, perhaps within the coming year.

...if a judge's ruling in a Gay matter is to be invalidated because he too is Gay, then heterosexually married judges cannot fairly rule on heterosexual matters.....so then what?

...people think because this is a democracy anything they want to enact by majority-rule must become law. By that logic we could return to slavery...we could enact laws favoring child molestation...anything the majority wanted would be law....they could vote to kill and eat minorities....what's to stop them?...the Constitution, that's what....the Judiciary Branch must, by law, pass on any bill before it can become law....a proposed law must be tested against the Constitution...and this is where anti-Gay people lose every time because courts of law are supposed to be above hatred and bigotry...and they are supposed to uphold equal rights for ALL. In court Gay marriage is not a morality issue, it is a Constitutional issue and our Constitution does not provide for separate but equal...we tossed that notion out long ago....this is a matter of CIVIL RIGHTS not morality....Gay marriage will ultimately be legalized, it's that simple.

---------------------

- BACK TO INDEX - REPLY - QUOTE - EDIT - DELETE -

The full topic:

Gay Marriage to Court Again pancho - Tuesday, February 7 2012, 11:07:17 (UTC)
- Ban Overthrown 2-1 pancho - 02/07 20:28
  - Washington State is 7th pancho - 02/09 00:48

***