HIP HOP LIFESTYLE

Announcement

Collapse
No announcement yet.

Judge strikes down California gay marriage ban

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Judge strikes down California gay marriage ban

    Ruling says there is
    ‘no rational purpose’
    for limiting unions


    SAN FRANCISCO - A judge ruled Monday that California's ban on gay marriage is unconstitutional — a legal milestone that, if upheld on appeal, would open the way for the most populous state to follow Massachusetts in allowing same-sex couples to wed.

    Judge Richard Kramer of San Francisco County's trial-level Superior Court likened the ban to laws requiring racial segregation in schools, and said there appears to be "no rational purpose" for denying marriage to gay couples.

    The ruling came in response to lawsuits filed by the city of San Francisco and a dozen gay couples a year ago after the California Supreme Court halted a four-week same-sex marriage spree started by Mayor Gavin Newsom.

    The opinion had been eagerly awaited because of San Francisco's historical role as a gay rights battleground.

    Ruling hailed as ‘important step’
    Gay marriage supporters hailed the ruling as a historic development akin to the 1948 state Supreme Court decision that made California the first state to legalize interracial marriage.

    "Today's ruling is an important step toward a more fair and just California that rejects discrimination and affirms family values for all California families," San Francisco City Attorney Dennis Herrera said.

    Conservative leaders expressed outrage at the ruling and vowed to appeal.

    "For a single judge to rule there is no conceivable purpose for preserving marriage as one man and one woman is mind-boggling," said Mathew Staver, Liberty Counsel president. "This decision will be gasoline on the fire of the pro-marriage movement in California as well as the rest of the country.

    Last winter, nearly 4,000 gay couples got married after Newsom instructed the city to issue them licenses, in defiance of state law. The California Supreme Court later declared those marriages void, saying the mayor overstepped his authority. But the court did not address the underlying issue of whether the law against gay marriage violates the California Constitution.

    Two laws at issue
    At issue were a 1977 law that defined marriage as "a personal relation arising out of a civil contract between a man and a woman," and a voter-approved measure in 2000 that amended the law to say more explicitly: "Only marriage between a man and a woman is valid or recognized in California."

    The state maintained that tradition dictates that marriage should be limited to opposite-sex couples. Attorney General Bill Lockyer also cited the state's domestic-partners law as evidence that California does not discriminate against gays.

    But Kramer rejected that argument, citing Brown v. Board of Education — the landmark U.S. Supreme Court decision that struck down segregated schools.

    "The idea that marriage-like rights without marriage is adequate smacks of a concept long rejected by the courts — separate but equal," the judge wrote.

    It could be months or years before the state actually sanctions same-sex marriage, if ever.

    Lockyer has said in the past that he expected the matter eventually would have to be settled by the California Supreme Court.

    Two bills up for debate
    Two bills now before the California Legislature would put a constitutional amendment banning same-sex marriage on the November ballot. If California voters approve such an amendment, as those in 13 other states did last year, that would put the issue out of the control of lawmakers and the courts.

    The decision is the latest development in a national debate that has been raging since 2003, when the highest court in Massachusetts decided that denying gay couples the right to wed was unconstitutional.

    In the wake of the Massachusetts ruling, gay rights advocates filed lawsuits seeking to strike down traditional marriage laws in several other states. Opponents responded by proposing state and federal constitutional amendments banning gay marriage.

    Around the country, Kramer is the fourth trial court judge in recent months to decide that the right to marry and its benefits must be extended to same-sex couples.

    Two Washington state judges, ruling last summer in separate cases, held that prohibiting same-sex marriage violates that state's constitution, and on Feb. 4, a New York City judge ruled in favor of five gay couples who had been denied marriage licenses by the city.

    Just as many judges have gone the other way in recent months, however, refusing to accept the argument that keeping gays from marrying violates their civil rights.

    California has the highest percentage of same-sex partners in the nation, and its Legislature has gone further than any other in providing gay couples the benefits of marriage without being forced to do so by court order.

    Social vs. legal arguments
    Since Jan. 1, same-sex couples registering as domestic partners in California have been granted virtually all the rights and responsibilities of marriage, including access to divorce courts, the ability to collect child support and responsibility for a partner’s debts.

    So in California, the arguments for striking down the gay marriage ban have centered as much on the social meaning of marriage as the benefits it affords as a legal institution.

    The couples, represented by the National Center for Lesbian Rights, the Lambda Legal and the American Civil Liberties Union, conceded that California’s domestic partnership law may be the strongest in the nation outside of Vermont’s civil unions. But they claimed it still does not go far enough because it creates a separate and inherently unequal marriage-like institution for same-sex couples.

    The Attorney General’s Office also cited the domestic partners law as evidence that California does not discriminate against gays, and maintained that tradition dictates that marriage should be restricted to opposite-sex couples.

    Two groups opposed to gay marriage rights, The Campaign for California Families and the Proposition 22 Legal Defense and Education Fund, argued that the state has a legitimate interest in restricting marriage to opposite-sex couples as a way of encouraging procreation.


    source
    ...ALLES IS KUNST...

    Today there will be no remorse at all,
    Come what may.....!

  • #2
    freedom for all!!!

    Comment


    • #3
      i think people who are against 'gay unions' because they think its sinful need to stop being so hyprocritical.....if you're so deep into your religion then you should be out every sunday morning protesting mcdonalds for being open on the 'sabbath day' or supporting the pope's request when he wanted baseball to not be played on sunday.....

      WWW.LIFEAFTERTHEOILCRASH.NET

      WWW.LIFEAFTERTHEOILCRASH.NET WWW.LIFEAFTERTHEOILCRASH.NET

      Comment


      • #4
        Great, I can't even smoke a cig without being treated like a fuckin leper but baloney smokers can get hitched on the taxpayers dime. This state is like the Twilight Zone.
        "The world is changing and there are new opportunities for those who are ready to join forces with those who are stronger and more experienced" -Lucky Luciano (1897-1962)

        Comment


        • #5
          Originally posted by NyTe^CRaWLeR
          i think people who are against 'gay unions' because they think its sinful need to stop being so hyprocritical.....if you're so deep into your religion then you should be out every sunday morning protesting mcdonalds for being open on the 'sabbath day' or supporting the pope's request when he wanted baseball to not be played on sunday.....
          im deep into my religion but i could care less if gay people marry, thats their life not mine, let them marry.. good for them.. i dont see why they shouldnt beable to

          long as they dont hit on me im all for it
          99% of this forum is filled with morons.

          Comment


          • #6
            great...now that ur not banned u make a thread about some kinda banning ?

            i think this is a punchline to jason

            Comment


            • #7
              i dont hate gay people, i just dont stray that way and dont want to have anything to do with any gay person

              Comment


              • #8
                The Armageddon is coming......


                http://www.countdown.org/
                {Come to California}


                Revolution Forums | Click Here
                for Music, Movies, all that shhh....

                Comment


                • #9
                  go ahead and let gays marry...but i honestly don't think they should be able to adopt....the kid that they adopt is gonna go through hell growing up....being made fun of because they got two moms or two dads

                  Comment


                  • #10
                    Originally posted by ml2niceguy
                    go ahead and let gays marry...but i honestly don't think they should be able to adopt....the kid that they adopt is gonna go through hell growing up....
                    The first generation of kids whose parents got divorced (under contemporary divorce legislation) went through hell too... they were teased and called "bastards" by fellow kids, and not allowed many legal rights (inheritence from a remarried parent etc.)... however, that's hardly grounds for believing that two consenting adults should not be able to divorce!

                    If the laws change, eventually so will the small-minded members of society
                    OZ HIP HOP.COM
                    THE RAP CELLA

                    Comment


                    • #11
                      Originally posted by Rondell*Beene
                      The first generation of kids whose parents got divorced (under contemporary divorce legislation) went through hell too... they were teased and called "bastards" by fellow kids, and not allowed many legal rights (inheritence from a remarried parent etc.)... however, that's hardly grounds for believing that two consenting adults should not be able to divorce!

                      If the laws change, eventually so will the small-minded members of society
                      good point.
                      Eastside, fuck the rest, fuck *****s dont wanna test them Eastside playas *****, they from DECATUR, *****!

                      Comment


                      • #12
                        Justification and the law are two completly different things.....

                        TRUST ME if you know U.S. politics like I do you'd know what I mean by that.....

                        The law has Nothing to do with right or wrong.....
                        {Come to California}


                        Revolution Forums | Click Here
                        for Music, Movies, all that shhh....

                        Comment


                        • #13
                          oh just let them get married, what's the big deal?

                          Comment


                          • #14
                            Actually I support gay marriage. Marriage is a union between two people who want to tie their strength of their love together. There is nothing wrong with it. There are many divorces resulting the husband or wife coming out of their closet later on in the marriage. And the whole kids being picked on that happends to every kid out there regardless of any situation. A child born in to a gay family is actually more open to ideas and actually better people to be around becaus e they don't hate or believe in racism because their parents taught them to be more open and accepting. Yes we are all entitled to our own opinions, but most opinions suck such as ones that resort from hate and racism.

                            Comment


                            • #15
                              Originally posted by Da7thplaya
                              The Armageddon is coming......


                              http://www.countdown.org/
                              No it's not, Green Lantern hasn't set a release date yet

                              It's good to see so many open minded people on the board by the way
                              "Here's a thought for sweat shop owners: Air Conditioning. Problem solved."
                              -Mitch Hedburg

                              Comment

                              Post ad widget 300x250

                              Collapse

                              LATEST POSTS

                              Collapse

                              Topics Statistics Last Post
                              Started by Monret, 04-16-2021, 07:38 AM
                              1 response
                              7 views
                              0 likes
                              Last Post WesleyDrake  
                              Started by Louiscuming, Today, 12:53 PM
                              6 responses
                              15 views
                              0 likes
                              Last Post Louiscuming  
                              Started by saykat, Today, 12:26 PM
                              0 responses
                              1 view
                              0 likes
                              Last Post saykat
                              by saykat
                               
                              Started by Deborahlanker, Today, 11:32 AM
                              4 responses
                              7 views
                              0 likes
                              Last Post Deborahlanker  
                              Started by Nancystarkman, Today, 11:14 AM
                              0 responses
                              3 views
                              0 likes
                              Last Post Nancystarkman  
                              Started by Nancystarkman, Today, 10:59 AM
                              0 responses
                              1 view
                              0 likes
                              Last Post Nancystarkman  
                              Started by Deborahlanker, Today, 01:10 AM
                              4 responses
                              20 views
                              0 likes
                              Last Post Louiscuming  
                              Started by Deborahlanker, Yesterday, 02:48 AM
                              5 responses
                              9 views
                              0 likes
                              Last Post Nancystarkman  
                              Started by Nancystarkman, Today, 03:09 AM
                              0 responses
                              4 views
                              0 likes
                              Last Post Nancystarkman  
                              Started by Nancystarkman, Today, 01:30 AM
                              0 responses
                              1 view
                              0 likes
                              Last Post Nancystarkman  
                              Working...
                              X