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Fri Jun 28, 2013, 06:41 PM

BREAKING: Prop 8 - Gay Marriages Can Resume in California, Court Rules (Effective Immediately)

Last edited Fri Jun 28, 2013, 08:35 PM - Edit history (1)

Source: LA Times

@BreakingNews: RT @breakingpol: Ninth Circuit Court of Appeals issues order clearing way for same-sex marriage to resume in California - @NBCLA

Prop 8: Gay marriages can resume in California, court rules

BY MAURA DOLAN
June 28, 2013, 6:25 p.m.
The U.S. 9th Circuit Court of Appeals on Friday cleared the way for gay marriages to resume in California.

The court lifted its stay on an injunction which ordered state officials to stop enforcing Proposition 8. With the court's action, counties can now begin issuing same-sex marriage licenses.

A spokesman for the U.S. 9th Circuit Court of Appeals had originally said it would takes the court at least 25 days to act after a Supreme Court ruling. Immediately afterward, Gov. Jerry Brown ordered his public health agency to advise the state's counties to "begin issuing marriage licenses to same-sex couples in California as soon as the 9th Circuit confirms the stay is lifted."

Opponents of same-sex marriage have argued that Chief U.S. District Judge Vaughn Walker's 2010 decision overturning Proposition 8 applied only to the two same-sex couples who challenged the ballot measure. But their enthusiasm for going to court to try to narrow the effect of the decision appeared to wane in the hours after the decision.

Read more: http://www.latimes.com/#section/-1/article/p2p-76493489/

31 replies, 2789 views

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Arrow 31 replies Author Time Post
Reply BREAKING: Prop 8 - Gay Marriages Can Resume in California, Court Rules (Effective Immediately) (Original post)
Hissyspit Jun 2013 OP
blkmusclmachine Jun 2013 #1
FreeState Jun 2013 #2
Mr.Bill Jun 2013 #3
Keefer Jun 2013 #4
longship Jun 2013 #7
FreeState Jun 2013 #8
kestrel91316 Jun 2013 #10
Keefer Jun 2013 #13
happyslug Jun 2013 #23
nomorenomore08 Jun 2013 #25
Arugula Latte Jun 2013 #12
Keefer Jun 2013 #14
kestrel91316 Jun 2013 #15
Keefer Jun 2013 #17
Faygo Kid Jun 2013 #5
SoCalNative Jun 2013 #6
Rooting for the Dems Jun 2013 #9
Tx4obama Jun 2013 #11
idwiyo Jun 2013 #16
Iggo Jun 2013 #18
Berlin Expat Jun 2013 #19
Iggo Jun 2013 #20
Berlin Expat Jun 2013 #22
David Zephyr Jun 2013 #21
closeupready Jun 2013 #27
Le Taz Hot Jun 2013 #31
RudynJack Jun 2013 #24
kitt6 Jun 2013 #26
Hissyspit Jun 2013 #28
Jesus Malverde Jun 2013 #29
Le Taz Hot Jun 2013 #30

Response to Hissyspit (Original post)

Fri Jun 28, 2013, 06:43 PM

1. OK

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Response to Hissyspit (Original post)

Fri Jun 28, 2013, 06:44 PM

2. You can get married NOW- TODAY!!!

woot woot!!!!

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Response to Hissyspit (Original post)

Fri Jun 28, 2013, 06:45 PM

3. That's great news!

They didn't have to issue the order that fast. I don't think most people expected this.

San Francisco is going to be one helluva party this weekend.

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Response to Hissyspit (Original post)

Fri Jun 28, 2013, 06:45 PM

4. My understanding of the USSC ruling...

is that they only ruled that there must be equal access to federal benefits as a mixed-gender couple has.Am I wrong?

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Response to Keefer (Reply #4)

Fri Jun 28, 2013, 06:48 PM

7. Maybe wrong. This isn't DOMA; this is Prop 8 case.

Which was turned down due to lack of standing. So it reverts back to district fed appeals court. AFAIK. Which is now chiming in.

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Response to Keefer (Reply #4)

Fri Jun 28, 2013, 06:48 PM

8. No it has to be marriage per the ruling n/t

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Response to Keefer (Reply #4)

Fri Jun 28, 2013, 07:03 PM

10. I hate to break it to you, but along with overturning most of DOMA, the USSC also

said that Prop H8 supporters who filed that appeal of their court loss had no standing and the Prop H8 case was thrown out, letting the finding of its unconstitutionality under CA stand.

You lose. We win. Deal with it.

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Response to kestrel91316 (Reply #10)

Fri Jun 28, 2013, 07:11 PM

13. "You lose. We win. Deal with it."

Sorry if you misinterpreted my post. I was only looking for more facts.

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Response to kestrel91316 (Reply #10)

Fri Jun 28, 2013, 08:33 PM

23. Look at who lost, it was the people as a whole.

The ruling was a bad ruling, not because it involved Gay Rights, that is a minor problem with this ruling. The larger problem, the one where the PEOPLE lost, is that the Court said a Governor can rule that any law passed by a voter's initiative (such as any of the California Propositions), that the Governor had opposed, was unconstitutional and no one else has STANDING to challenge that ruling.

That is a very disturbing ruling. It is a ruling that any state that has the right of initiatives by the people, can ignore what the people passed by the Voter's Initiatives.

The Gay Rights Part of the Decision is at a minor problem, the rationale used by the US Supreme Court to strike down Proposition 8 undermines the whole concept of initiatives. Initiatives were adopted around 1900 in many states in an attempt to work around special interest (mostly pro-business special interests) who used their power to give Campaign Contributions to politicians to prevent the passage of laws the people wanted.

That this decision undermined the whole concept voter's initiative is why you have the strange combination of Kennedy, Thomas, Alito and Sonia Sotomayor in dissent. All were willing to uphold proposition 8, on the grounds that Marriage is a item of law reserved up to each state and nothing in the Federal Constitutions either supports Gay marriage or oppose Gay Marriage, thus it is up to each state's law and in California that included Proposition 8. Now, we have a situation that a Governor can ignore a law he dislikes and unless you can show a direct harm, you have no standing to challenge the law.

As mentioned above, this will affect environmental law big time. In most cases of pollution, the people suing can not show direct harm and under this ruling if a State Government says someone's pollution is not pollution NO ONE ELSE HAS STANDING TO STOP THE POLLUTION. It is a bad decision for the rationale used in making the decision is just BAD and will harm a lot of people.

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Response to happyslug (Reply #23)

Fri Jun 28, 2013, 09:34 PM

25. "The gay rights part of the decision is a minor problem."

Very telling that you consider it a problem at all.

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Response to Keefer (Reply #4)

Fri Jun 28, 2013, 07:11 PM

12. A search of your previous posts here on DU revealed some of your "interesting" opinions.

It must be a sad, sad day for you -- some other Americans got equal rights under the law and freedom!!! Oh noes!!!

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Response to Arugula Latte (Reply #12)

Fri Jun 28, 2013, 07:15 PM

14. Oh my,

EVERYONE is entitled to equal rights, I agree! Sorry if I offended anyone by asking a simple question.

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Response to Keefer (Reply #14)

Fri Jun 28, 2013, 07:24 PM

15. Typical RW non-apology apology, lol. You should apologize for

gloating about how the USSC DIDN'T clear the way for gays to marry in CA when they in fact did. And then you should quietly leave.

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Response to kestrel91316 (Reply #15)

Fri Jun 28, 2013, 07:33 PM

17. How was I

gloating? I just asked a question! The only thing red about me is when I bleed.

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Response to Hissyspit (Original post)

Fri Jun 28, 2013, 06:46 PM

5. Great and expected news, and a bonus

It may just be thunder I hear in the distance, but then again, it might be FReeper heads exploding. I certainly hope it's the latter, but at any rate, I don't have to hear it to know it's happening.

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Response to Hissyspit (Original post)

Fri Jun 28, 2013, 06:49 PM

9. Yahoo!

 

Another reason to love California!!!

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Response to Hissyspit (Original post)

Fri Jun 28, 2013, 07:06 PM

11. Additional link


Breaking News: Three judges on 9th U.S. Circuit Court of Appeals rule same-sex marriages can resume effective immediately in California.

Court gives go-ahead for same-sex marriages in California
http://www.cnn.com/2013/06/28/justice/california-same-sex-marriage/index.html

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Response to Hissyspit (Original post)

Fri Jun 28, 2013, 07:32 PM

16. K&R

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Response to Hissyspit (Original post)

Fri Jun 28, 2013, 07:42 PM

18. BURN!!!

I get to walk through the little Yes On 8 part of my neighborhood and NOT flip off those houses for once. Just a big ol' smile and a passive aggressive how-do-you-do.

Oh, this is going to be fun!

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Response to Iggo (Reply #18)

Fri Jun 28, 2013, 07:52 PM

19. Enjoy.....

after all, vengeance is a dish best served with a smile and a friendly wave.

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Response to Berlin Expat (Reply #19)

Fri Jun 28, 2013, 07:57 PM

20. Uh-zacklee!

<----- practice

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Response to Iggo (Reply #20)

Fri Jun 28, 2013, 08:23 PM

22. LOLOL!

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Response to Iggo (Reply #18)

Fri Jun 28, 2013, 08:17 PM

21. + 1,000

I know the feeling.

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Response to Iggo (Reply #18)

Fri Jun 28, 2013, 10:08 PM

27. Oh, I know! Hee, hee, hee! and you KNOW they know

exactly why you are greeting them so warmly!

Yes, indeed, revenge is, as Berlin Expat says, a dish best served with a smile and a friendly wave.

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Response to Iggo (Reply #18)

Fri Jun 28, 2013, 11:05 PM

31. Everytime I see one of those "Yes on 8" bumper stickers

I think, "Nothing like putting your bigotry out there for all to see." Almost 5 years coming and I'm STILL pissed off that we had to go through all this in the first place.

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Response to Hissyspit (Original post)

Fri Jun 28, 2013, 09:11 PM

24. the plaimtiffs in the case

Were married an hour or so ago in San Francisco. Kamalas Harris officiated.

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Response to Hissyspit (Original post)

Fri Jun 28, 2013, 09:43 PM

26. Sex, sex, sex

 

I know it must be changed. Call it same gender marriage. It's honorable too; isn't it?

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Response to kitt6 (Reply #26)

Fri Jun 28, 2013, 10:54 PM

28. Actually, they are technically not the same:

http://www.who.int/gender/whatisgender/en/

"Sex" refers to the biological and physiological characteristics that define men and women.

"Gender" refers to the socially constructed roles, behaviours, activities, and attributes that a given society considers appropriate for men and women.

To put it another way:

"Male" and "female" are sex categories, while "masculine" and "feminine" are gender categories.

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Response to Hissyspit (Original post)

Fri Jun 28, 2013, 10:59 PM

29. Link to SFgate

Prop. 8 officially out - SF weddings begin

A federal appeals court issued an unexpected order Friday that allows gays and lesbians to marry in California.

Two days after the U.S. Supreme Court dismissed an appeal by the sponsors of Proposition 8, the 2008 initiative that banned same-sex marriage, the Ninth U.S. Circuit Court of Appeals in San Francisco lifted its September 2010 injunction that had blocked a federal judge's ruling declaring Prop. 8 unconstitutional.

Two plaintiffs in the Prop. 8 case, Sandy Stier and Kris Perry, were first in line at San Francisco City Hall waiting to get their marriage license. State Attorney General Kamala Harris officiated the ceremony on Mayor Ed Lee's balcony.

San Francisco City Hall is staying open late Friday to allow couples to marry. City Hall will also stay open through the weekend for weddings, said Lee's spokeswoman, Christine Falvey.

http://www.sfgate.com/bayarea/article/Prop-8-officially-out-SF-weddings-begin-4637252.php

Live feed from city hall
http://abclocal.go.com/kgo/livenow?id=9156110#&cmp=twi-kgo-video-9156110

w00t!

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Response to Hissyspit (Original post)

Fri Jun 28, 2013, 11:02 PM

30. FINALLY

that abomination is off the books! One of the most humiliating chapters in our state's history. I STILL can't believe that it passed in the first place but it's all over now!

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