California's Prop 8 Overturned - Page 3 - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Weiser Wonder · 08-04-2010, 05:45 PM

Quote:

Originally Posted by Clever_Iggy

You're not forgetting the appeal to the 9th Circuit which could uphold Prop. 8 and then the USSCT could deny cert and the law would be settled opposite of what was found today, right? From your post you seem to be forgetting a layer.

Kennedy is too much of a wild card, I wouldn't be so sure on how he would side. That's a lot of power in 1 justice's hands.

Edit: also, proponents have/will file an injunction to prevent marriages until the case is heard by the 9th Circuit... and another one while it is awaiting cert.

I'm not familiar with the 9th circuit but I was assuming they will uphold the lower courts ruling. A pretty grand assumption I realize, but the 9th circuit would have to be extremely conservative to overturn. Kennedy is a wildcard, admittedly, but I think his interpretation of the equal protection clause is broad enough that I'd be very surprised if he didn't vote with the liberal faction.

valo403 · 08-04-2010, 06:55 PM

Quote:

Originally Posted by Clever_Iggy

You're not forgetting the appeal to the 9th Circuit which could uphold Prop. 8 and then the USSCT could deny cert and the law would be settled opposite of what was found today, right? From your post you seem to be forgetting a layer.

Kennedy is too much of a wild card, I wouldn't be so sure on how he would side. That's a lot of power in 1 justice's hands.

Edit: also, proponents have/will file an injunction to prevent marriages until the case is heard by the 9th Circuit... and another one while it is awaiting cert.

The 9th Circuit is about as liberal as they come, the chances of them putting a halt to this are about as strong as a Stanley Cup banner ever being raised in Vancouver.

Azure · 08-04-2010, 07:09 PM

Quote:

Originally Posted by MarchHare

No. In fact, the US constitution (and those of other nations which drew inspiration from it) was specifically designed to protect minorities from the tyranny of the majority.

Yep.

Sadly the religious right forgets all to often that there needs to be a separation between church and state. Which results in bigoted laws that outlaw what should be a right for everyone.

HotHotHeat · 08-04-2010, 07:37 PM

Quote:

Originally Posted by MelBridgeman

That's great, but doesn't majority rule in a democracy?

Not according to the US constitution. Which is awesome, because people are stupid in masses.

EDIT: Looks like I was beaten to it more than once haha.

MrMastodonFarm · 08-04-2010, 07:38 PM

I think this is a trap, an overturned 8, still looks like an 8. They ain't fooling anyone.

HotHotHeat · 08-04-2010, 07:42 PM

Also, does the US constitution not explicitly say citizens cannot vote on issues involving fundamental rights?

"Gay rights"

Reggie Dunlop · 08-04-2010, 07:49 PM

I'd rather have homosexuals in public office than Mormons.

mikey_the_redneck · 08-04-2010, 07:52 PM

Quote:

Originally Posted by Reggie Dunlop

I'd rather have homosexuals in public office than Mormons.

Me too....

valo403 · 08-04-2010, 07:58 PM

Quote:

Originally Posted by HotHotHeat

Also, does the US constitution not explicitly say citizens cannot vote on issues involving fundamental rights?

"Gay rights"

I don't know about the first part, but gay rights aren't fundamental rights, which is why these legal battles are necessary.

killer_carlson · 08-04-2010, 08:08 PM

Fab-u-lous!!!!!!!!!!!!!!

SebC · 08-04-2010, 08:09 PM

Quote:

Originally Posted by valo403

I don't know about the first part, but gay rights aren't fundamental rights, which is why these legal battles are necessary.

In this context, I have no idea what you mean by "gay rights". Overturning Prop h8 is simply a matter of not denying fundamental rights to anyone. The only reason there are legal battles is because certain people believe they're fighting the good fight, but they are almost certain to lose because the law is not on their side.

SeeBass · 08-04-2010, 08:14 PM

Doesn't anybody else find it ironic that the Mormons are intolerant to other peoples beliefs in marriage.

I do know that the gay community is pissed at the black community as the black churches were a major voting block on Prop8. After alll of the times the gay community has been there to support black civil rights they let them down big time.

Phaneuf3 · 08-04-2010, 08:17 PM

Quote:

Originally Posted by MrMastodonFarm

I think this is a trap, an overturned 8, still looks like an 8. They ain't fooling anyone.

That's it. We're done here. Thread's over.

Last one out, remember to shut off the lights.

valo403 · 08-04-2010, 08:18 PM

Quote:

Originally Posted by SebC

In this context, I have no idea what you mean by "gay rights". Overturning Prop h8 is simply a matter of not denying fundamental rights to anyone. The only reason there are legal battles is because certain people believe they're fighting the good fight, but they are almost certain to lose because the law is not on their side.

Homosexuals are not considered a protected class under current US constitutional jurisprudence, therefore their right to marriage is not a fundamental right, or so goes the argument. If the right to gay marriage were a fundamental right the test applied to a law impeding that right would be virtually insurmountable, the test applied was actually a very low standard, which the law still failed. Fundamental rights in this context is a different thing than what most of us consider to be the basic/fundamental rights of people.

Reggie Dunlop · 08-04-2010, 08:18 PM

A couple of Mormons came to my door a month ago. Sprayed 'em good with the garden hose. Those suckers can sure haul ass when they need to.

mikey_the_redneck · 08-04-2010, 08:20 PM

Quote:

Originally Posted by Reggie Dunlop

A couple of Mormons came to my door a month ago. Sprayed 'em good with the garden hose. Those suckers can sure haul ass when they need to.

You got it all wrong....

They will pull your weeds or mow your lawn if you ask them too. All you do is accept "the book" afterwards and toss it in the trash when they leave..

PIMking · 08-04-2010, 08:51 PM

What just amazes me is that Iowa wouldn't be considered a liberal state made it law for same sex people to get married but then an uber left Kalifornia votes to make it illegal?

Flames Fan, Ph.D. · 08-04-2010, 09:13 PM

Quote:

Originally Posted by PIMking

What just amazes me is that Iowa wouldn't be considered a liberal state made it law for same sex people to get married but then an uber left Kalifornia votes to make it illegal?

The speculation is that the measure was split among whites but that hispanics and african americans tilted the scale.

Edit: And I'm not sure what liberal or conservative would have to do with it. This is a civil rights issue.

Cowperson · 08-04-2010, 09:14 PM

This would all be a whole lot simpler if there were no homosexuals like in Iran.

Cowperson

PIMking · 08-04-2010, 09:35 PM

Quote:

Originally Posted by Flames Fan, Ph.D.

The speculation is that the measure was split among whites but that hispanics and african americans tilted the scale.

Edit: And I'm not sure what liberal or conservative would have to do with it. This is a civil rights issue.

I can care less. Let them get married. They have just as much as a right to be miserable as us strait folks.

What I have always found ironic is that people (males in general) would love to see lesbians but two guys is wrong.