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California Supreme Court Strikes Down Same-Sex Marriage Ban

Discussion in 'BBS Hangout: Debate & Discussion' started by Lil Pun, May 15, 2008.

  1. Lil Pun

    Lil Pun Member

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    http://www.cnn.com/2008/US/05/15/same.sex.marriage/index.html

    WASHINGTON (CNN) -- In a much-anticipated ruling issued Thursday, the California Supreme Court struck down the state's ban on same-sex marriage as unconstitutional.

    California's Supreme Court ruled Thursday that the state's ban on same-sex marriage is unconstitutional.

    Several gay and lesbian couples, along with the city of San Francisco and gay rights groups, sued to overturn state laws allowing only marriages between a man and a woman.

    "There can be no doubt that extending the designation of marriage to same-sex couples, rather than denying it to all couples, is the equal protection remedy that is most consistent with our state's general legislative policy and preference," said the 120-page ruling.

    It said that the state law's language "limiting the designation of marriage to a 'union between a man and a woman' is unconstitutional, and that the remaining statutory language must be understood as making the designation of marriage available to both opposite-sex and same-sex couples."

    With the ruling, California becomes the second state to allow same-sex couples to legally wed. Massachusetts adopted the practice in 2004, and couples don't need to be state residents to wed there.

    Vermont, New Jersey, New Hampshire and Connecticut permit civil unions, while California has a domestic-partner registration law. More than a dozen other states give gay couples some legal rights.

    Seven other jurisdictions around the world have legalized same-sex marriage: Belgium, Netherlands, Spain, South Africa and the Canadian provinces of British Columbia, Ontario, and Quebec.

    San Francisco officials in 2004 allowed same-sex couples in the city to wed, prompting a flood of applicants crowding the city hall clerk's office. The first couple to wed then was 80-year-old Phyllis Lyon and 83-year-old Dorothy Martin, lovers for 50 years.

    "We have a right just like anyone else to get married to the person we want to get married to," Lyon said at the time.

    One issue before the justices was whether San Francisco's laws carried legal weight when the rest of the state banned same-sex marriages. Gay rights advocates argued the state was violating their civil rights by limiting marriage to opposite-sex couples. The state law in question is the Defense of Marriage Act, Proposition 22.

    Oral arguments in the case in March lasted more than three hours, a sign of the political and legal issues at stake. Six cases were consolidated.

    Groups saying they were promoting a pro-family agenda had vowed to fight a statewide law allowing same-sex marriage.

    "The government should promote and encourage strong families," said Glen Lavy of the Alliance Defense Fund. "The voters realize that defining marriage as one man and one woman is important because the government should not, by design, deny a child both a mother and father."

    An appeal to the U.S. Supreme Court is likely. The federal high court has never addressed the question of same-sex marriage.
     
  2. FranchiseBlade

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    Yes! Great news.
     
  3. weslinder

    weslinder Member

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    Gay? Or Divorce Lawyer?
     
  4. Air Langhi

    Air Langhi Contributing Member

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    I don't get it what the big deal if Gay people want to get married. Its not like its hurting anyone else. Even some democrats say that gay people can't get married.
     
  5. basso

    basso Member
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    fixed.
     
  6. FranchiseBlade

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    Neither, just a fan of equal rights.
     
  7. FranchiseBlade

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    I think most Democratic politicians are not in favor of marriage. Or they are at least to scared to admit it.
     
  8. weslinder

    weslinder Member

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    My sister is gay and she's against gay marriage. I guess I'm kinda for it, it just doesn't register in my top 10 issues, or even top 100.
     
  9. thegary

    thegary Member

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    what :confused:
     
  10. weslinder

    weslinder Member

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    She says that gay people have gotten along fine for thousands of years without marriage, they shouldn't start now. I'm sure she's in the minority of gays, but I've heard others that say the same thing.
     
  11. bucket

    bucket Member

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    I don't follow that logic at all (not saying you do, either).

    A lot of things that suck have been around for all of human history. A lot of good things have just emerged recently.
     
  12. leroy

    leroy Member
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    I don't understand why people get so heated about this argument. If 2 people love each other enough to want to spend their lives together then let them get married. Who does it hurt? I know a few same-sex couples who have children. They are great kids who live in a loving household. There is absolutely no drawback other than having to deal with the bigots who have no logical reason to be against it.
     
  13. FranchiseBlade

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    She's right, and even if it were legal, no gay couple would have to get married. They could continue to get along without it if they chose. But the opportunity that is available to heterosexuals should also be available to homosexuals IMO.

    I wasn't trying to argue, since you've said you are probably in favor, and you are just relaying your sister's feelings. I was just commenting on them.
     
  14. thekad

    thekad Member

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    Gays actually haven't gotten along fine for a thousand years, but I suppose that is for another discussion.
     
  15. bnb

    bnb Member

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    good point Kad.

    For what it's worth none of McCain, Hillary or Obama are in favour of gay marriage. (threw that in just because we don't have enough political bickering ;)).
     
  16. Major

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    Interestingly, Schwarzenegger said he will uphold the ruling and he's against trying to pass a Constitutional Amendment to reverse it. On the other hand, there's already a movement in place, and it's almost certain that there will be a ballot initiative in November for that Constitutional Amendment. A different form of it passed several years ago with 63% of the vote. Will be very interesting to follow the politics of this.
     
  17. Dubious

    Dubious Member

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    Marrige limitations have always seemed unconstitutional to me under "equal protection". Marrige should be a civil contract, agreed to by the participating parties and filed in the county records.

    An easy example would be a gay man in a hospital needing a next of kin to make decisions about his well being. If he has a marital relationship with a another person and an estranged relationship with his parents, who should make choices on his behalf?

    Why would social security benefits pass to a childless wife but not pass to a partner of a civil union?

    A civil rights attorney could probably come up with a 100 of these types of arguments.
     
  18. RocketsMac

    RocketsMac Member

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    I've always wondered about this freakish issue.. my goodness, is this crap contradictory! seriously, "same sex marriage" is an oxymoron.. I mean, they can marry and all and live together and screw each other, I don't care, they're entitled to do so, but why do you want a freaking binding contract? in fact, what's the whole purpose of hetero marriage in the first place? it's to ensure that the couple will split their money if a separation occurs, which helps protect the kids future to a certain extent.. since the possibility of offspring isn't applicable for homosexual relationships, why do they insist on getting married?

    once again, nothing against them, perfectly fine with it, I just think that the idea of marriage is absolutely r****ded.. in fact, all "legal" hetero marriage is r****ded.. when people wanna get married, they can just do it informally and roll with it.. there shouldn't be a "binding contract":confused:
     
  19. Dairy Ashford

    Dairy Ashford Member

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    Spousal insurance benefits, inheritances.

    Adoption and artificial insemenation. I guess barren, menopausal women or impotent men shouldn't be getting married, either. Or couples that use birth control, cuz they won't be having kids.
     
  20. MadMax

    MadMax Member

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    there's very little binding about a marriage under the law. i'd argue it's typically more difficult to work through a commercial partnership dissolution than a divorce.
     

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