More Fun on the Prop 8 Front


Just_A_Guy
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Meh, they've been after him ever since his verdict. it wasn't really a secret from what i've understood, but now that they might be told they don't have standing to appeal his ruling they need another avenue. this could be fun if they win. No one who has a valid interest in marriage will be able to hear the case. Being any homosexual or heterosexual who has ever thought of marriage could have a bias or something to gain or lose from the ruling it's really going to narrow down the pool of judges that can hear the case.

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  • 4 weeks later...

Thanks for the vote of confidence, but because I'm LDS, I'd be seen as having a bias.

But yeah. Basically an atheist version of me.

What what what? You're asexual? What???

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  • 7 months later...

I'm nor seeing much hope for our country at this point. Clint Eastwood says we're in halftime, ready to make a comeback. It feels to me more like we're in overtime and the other team has the ball on their side of the field. This is so sad.

That anyone would see the people's voice being overturned in court as a victory is unsettling to me.

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I'm nor seeing much hope for our country at this point. Clint Eastwood says we're in halftime, ready to make a comeback. It feels to me more like we're in overtime and the other team has the ball on their side of the field. This is so sad.

That anyone would see the people's voice being overturned in court as a victory is unsettling to me.

I have a hard time getting worked up that the "people's voice" was overturned in a 51-49 vote.

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Who would have believed that the Ninth Circuit Court, the most leftist court in the land, would ever have affirmed that the people have the right to make their own laws ONLY when said laws don't conflict with the court's dearly held opinions?

Oh, wait. I would have. No news here.

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I have a hard time getting worked up that the "people's voice" was overturned in a 51-49 vote.

I've not read the opinion, but my understanding is that the 9th held that there's not even a "rational basis" for the law. In other words, the 9th (affirming Walker) seems to have said: Prop 8 supporters, it isn't enough that we disagree. We also think you guys are bat-shizzle crazy.

This is important. In constitutional law, the important thing isn't what the court orders so much as the stated reasons for which the court orders it.

If conservatives lose on gay marriage, we lose on gay marriage. But even the Brown v. Board of Education court didn't go so far as to assert that the losers' opinion lacked a rational basis. If my understanding of the 9th Circuit's opinion today is accurate, then its long-term implications for Mormonism, conservative Christianity and Judaism, Islam, and anyone else who personally or institutionally declines to give a gay person everything he wants, are huge.

To those who are paying attention, the district court's insistence on deciding the case on "rational basis review" rather than the (admittedly fuzzy form of) "intermediate scrutiny" that the Supreme Court has used for gay rights cases thus far - and the 9th's decision to play along - are a clear signal that this case is no longer about marriage, and hasn't been since the case landed on Judge Walker's desk.

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Who would have believed that the Ninth Circuit Court, the most leftist court in the land, would ever have affirmed that the people have the right to make their own laws ONLY when said laws don't conflict with the court's dearly held opinions?

Oh, wait. I would have. No news here.

So I see you actually read the ruling and can point out instances of how "the most leftist court in the land" is lying about the protections of the United States Constitution...

If you're right that courts should not be able to interpret the laws, then why do we have a court system in the first place?

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I've not read the opinion, but my understanding is that the 9th held that there's not even a "rational basis" for the law. In other words, the 9th (affirming Walker) seems to have said: Prop 8 supporters, it isn't enough that we disagree. We also think you guys are bat-shizzle crazy.

This is important. In constitutional law, the important thing isn't what the court orders so much as the stated reasons for which the court orders it.

Based on the arguments that were presented on behalf of Prop 8, I might agree with the bat-shizzle crazy statement.

But on some levels I agree with you. Just last night, I was talking to some friends about how I wish the discussion were not "same sex marriage vs. no same sex marriage" but were about how same sex marriage can coexist with religious beliefs that such marriages run contrary to the will of God. I believe the two can coexist, but it requires a much higher level of discourse and respect than I feel has been displayed by any camp in the debate so far.

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So I see you actually read the ruling and can point out instances of how "the most leftist court in the land" is lying about the protections of the United States Constitution...

If you're right that courts should not be able to interpret the laws, then why do we have a court system in the first place?

In general, it's a good idea to read the post to which you're responding before you offer said response.

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