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    Default 9th Circus Court to rule on Calif prop 8 - change fundamental definition of marriage

    In 2010 a judge (who himself was gay) issued a ruling to change the fundamental definition of marriage in California, amending it to include same-sex couples. The decision was appealed to the 9th Circus Court of Appeals, where a 3-judge panel said they would issue their ruling this morning, Feb. 7. Two of the judges were appointed by liberal Presidents, and one by a moderate.

    --------------------------------------------------

    http://www.msnbc.msn.com/id/46294255/ns/us_news-life/

    Federal court to rule on Calif. ban on gay marriage

    by LISA LEFF
    updated 2 hours 51 minutes ago 2012-02-07 14:09:12

    SAN FRANCISCO — Supporters and opponents of California's ban on same-sex marriage were anxiously awaiting a federal appeals court decision Tuesday on whether the voter-approved measure violates the civil rights of gay men and lesbians.

    A three-judge panel of the 9th U.S. Circuit Court of Appeals that considered the question plans to issue its long-awaited opinion 18 months after a trial judge struck down the ban following the first federal trial to examine if same-sex couples have a constitutional right to get married.

    The 9th Circuit does not typically give notice of its forthcoming rulings, and its decision to do so Monday reflects the intense interest in the case.

    Even if the panel upholds the lower court ruling, it could be a while before same-sex couples can resume marrying in the state. Proposition 8 backers plan to appeal to a larger 9th Circuit panel and then to the U.S. Supreme Court if they lose in the intermediate court. Marriages would likely stay on hold while that process plays out.

    The three-judge panel, consisting of judges appointed by presidents Jimmy Carter, Bill Clinton and George W. Bush, heard arguments on the ban's constitutional implications more than a year ago. But it put off a decision so it could seek guidance from the California Supreme Court on whether Proposition 8 sponsors had legal authority to challenge the trial court ruling after California's attorney general and governor decided not to appeal it.

    The California court ruled in November that the state's vigorous citizens' initiative process grants official proponents of ballot measures the right to defend their measures in court if state officials refuse to do so.

    Further complicating the case was a move in April by lawyers for the coalition of conservative religious groups that put Proposition 8 on the ballot to have the trial court ruling struck down because the now-retired judge who issued it was in a long-term relationship with another man.

    Judge's sexual orientation became part of case

    Former Chief U.S. District Judge Vaughn Walker disclosed he was gay and had a partner of 10 years after he retired from the bench last year. Proposition 8 backers have argued that Walker's relationship posed a potential conflict-of-interest and that he should have revealed it before he declared the measure unconstitutional in August 2010.
    "The social contract exists so that everyone doesn’t have to squat in the dust holding a spear to protect his woman and his meat all day every day. It does not exist so that the government can take your spear, your meat, and your woman because it knows better what to do with them." - Instapundit.com

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    Whatever the decision, it will be appealed. Probably to a full panel on the 9th Circus (this one is just a three-judge panel).

    Or possibly straight to the Supremes.

    So, just like the previous Obamacare trials, it doesn't really matter what this panel decides.
    "The social contract exists so that everyone doesn’t have to squat in the dust holding a spear to protect his woman and his meat all day every day. It does not exist so that the government can take your spear, your meat, and your woman because it knows better what to do with them." - Instapundit.com

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    And today, the 9th Circus 3-judge panel has said.... Traditional marriage is unconstitutional. The fundamental definition of marriage MUST be changed, and same-sex couples must be included.

    Off to the appeals process.....
    "The social contract exists so that everyone doesn’t have to squat in the dust holding a spear to protect his woman and his meat all day every day. It does not exist so that the government can take your spear, your meat, and your woman because it knows better what to do with them." - Instapundit.com

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    The most overturned court in the land has spoken.
    When I die I'm sure to go to heaven, cause I spent my time in hell.

    You get more with a kind word and a two by four, than you do with just a kind word.

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    Quote Originally Posted by Gaffer View Post
    The most overturned court in the land has spoken.
    Nevermind letting the people speak and decide, just hand it to nitwits who have a storied history of fucked up appeals. It's not like I'd be out protesting, in Cali or here in NY. But one of the main things they want, respect and acceptance, they aren't going to get.
    “You know the world is going crazy when the best rapper is a white guy, the best golfer is a black guy, the tallest guy in the NBA is Chinese, the Swiss hold the America's Cup, France is accusing the U.S. of arrogance, Germany doesn't want to go to war, and the three most powerful men in America are named "Bush", "Dick", and "Colin." Need I say more?” - Chris Rock

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    Quote Originally Posted by jimnyc View Post
    Nevermind letting the people speak and decide, just hand it to nitwits who have a storied history of fucked up appeals. It's not like I'd be out protesting, in Cali or here in NY. But one of the main things they want, respect and acceptance, they aren't going to get.
    3 people who are essentially answerable to no one.
    After the game, the king and the pawn go into the same box - Author unknown

    “Unfortunately, the truth is now whatever the media say it is”
    -Abbey

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    Quote Originally Posted by Abbey View Post
    3 people who are essentially answerable to no one.
    Thats the point of having a separation of the three branches of government.
    If you also agree that an animals suffering should be avoided rather than encouraged, consider what steps you can take.

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    Quote Originally Posted by jimnyc View Post
    Nevermind letting the people speak and decide, just hand it to nitwits who have a storied history of fucked up appeals. It's not like I'd be out protesting, in Cali or here in NY. But one of the main things they want, respect and acceptance, they aren't going to get.
    I don't see what the big deal is-- it's not like gays getting married will change straight marriage. I'm all for equal rights to marriage, but that's not to say the marriages are equal- my wife and I made babies, equal that!

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    Quote Originally Posted by Noir View Post
    Thats the point of having a separation of the three branches of government.
    The point isn't to let these often unelected people run amok with biased interpretations of the Constitution. There are supposed to be checks and balances for all 3 branches. John Marshall eventually made this branch "uncheck-able".
    After the game, the king and the pawn go into the same box - Author unknown

    “Unfortunately, the truth is now whatever the media say it is”
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    Quote Originally Posted by Abbey View Post
    The point isn't to let these often unelected people run amok with biased interpretations of the Constitution. There are supposed to be checks and balances for all 3 branches. John Marshall eventually made this branch "uncheck-able".
    Constitutional amendment! That's a check.

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    Quote Originally Posted by jimnyc View Post
    Nevermind letting the people speak and decide, just hand it to nitwits who have a storied history of fucked up appeals. It's not like I'd be out protesting, in Cali or here in NY. But one of the main things they want, respect and acceptance, they aren't going to get.
    I don't know what the big deal is Jim, if some gay wants to be unhappy, not get enough sex, and risk losing half his shit in the end, why do you care if they get married?

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    Quote Originally Posted by logroller View Post
    Constitutional amendment! That's a check.
    Exactly.
    If the judiciary says somethings unconstitutional, the legislature can change the constitution.
    If you also agree that an animals suffering should be avoided rather than encouraged, consider what steps you can take.

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    Quote Originally Posted by Noir View Post
    Exactly.
    If the judiciary says somethings unconstitutional, the legislature can change the constitution.
    Lalala, "just change the Constitution" over every bad ruling? Ludicrous as a solution.
    And while you're at it, if that is such a workable solution, make it that impossibly difficult for anyone to check the other two branches when they go off the rails, too. Then see how that works for you.
    After the game, the king and the pawn go into the same box - Author unknown

    “Unfortunately, the truth is now whatever the media say it is”
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    Quote Originally Posted by Abbey View Post
    Lalala, "just change the Constitution" over every bad ruling? Ludicrous as a solution.
    And while you're at it, if that is such a workable solution, make it that impossibly difficult for anyone to check the other two branches when they go off the rails, too. Then see how that works for you.
    If the ruling is 'bad' enough then the legislature has the power, can't ask for more than that, because the only alternative is to have a weaker judiciary and thus constitution...
    If you also agree that an animals suffering should be avoided rather than encouraged, consider what steps you can take.

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    I'm sure Connie will love this, he is a big fan of liberal judges overturning the will of the people.

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