| May 15, 2008 @ 7:04 PM |
Hah! Finally! California's top court legalizes gay marriage
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SunBabe
Posts: 12,278
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It may not fly, if there's a statewide referndum, but it's a great giant step nonetheless 
California's top court legalizes gay marriage
By LISA LEFF, Associated Press Writer
2 minutes ago
SAN FRANCISCO - California's Supreme Court declared gay couples in the nation's biggest state can marry — a monumental but perhaps short-lived victory for the gay rights movement Thursday that was greeted with tears, hugs, kisses and at least one instant proposal of matrimony.
Same-sex couples could tie the knot in as little as a month. But the window could close soon after — religious and social conservatives are pressing to put a constitutional amendment on the ballot in November that would undo the Supreme Court ruling and ban gay marriage.
"Essentially, this boils down to love. We love each other. We now have equal rights under the law," declared a jubilant Robin Tyler, a plaintiff in the case along with her partner. She added: "We're going to get married. No Tupperware, please."
A crowd of people raised their fists in triumph inside City Hall, and people wrapped themselves in the rainbow-colored gay-pride flag outside the courthouse. In the Castro, the historic center of the gay community in San Francisco, Tim Oviatt wept as he watched the news on TV.
"I've been waiting for this all my life. This is a life-affirming moment," he said.
By the afternoon, gay and lesbian couples had already started lining up at San Francisco City Hall to make appointments to get marriage licenses. In West Hollywood, supporters were planning to serve "wedding cake" at an evening celebration.
James Dobson, chairman of the conservative Christian group Focus on the Family, called the ruling an "outrage."
"It will be up to the people of California to preserve traditional marriage by passing a constitutional amendment. ... Only then can they protect themselves from this latest example of judicial tyranny," he said in an e-mail statement.
In its 4-3 ruling, the Republican-dominated high court struck down state laws against same-sex marriage and said domestic partnerships that provide many of the rights and benefits of matrimony are not enough.
"In contrast to earlier times, our state now recognizes that an individual's capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual's sexual orientation," Chief Justice Ronald George wrote for the majority in ringing language that delighted gay rights activists.
Massachusetts is the only other state to legalize gay marriage, something it did in 2004. The California ruling is considered monumental by virtue of the state's size — 38 million out of a U.S. population of 302 million — and its historic role in the vanguard of the many social and cultural changes that have swept the country since World War II.
California has an estimated 92,000 same-sex couples.
"It's about human dignity. It's about human rights. It's about time in California," San Francisco Mayor Gavin Newsom, pumping his fist in the air, told a roaring crowd at City Hall. "As California goes, so goes the rest of the nation. It's inevitable. This door's wide open now. It's going to happen, whether you like it or not."
Unlike Massachusetts, California has no residency requirement for obtaining a marriage license, meaning gays from around the country are likely to flock to the state to be wed, said Jennifer Pizer, a gay-rights attorney who worked on the case.
The ultimate reach of the ruling could be limited, however, since most states do not recognize gay marriages performed elsewhere. Nor does the federal government.
The conservative Alliance Defense Fund said it would ask the justices for a stay of the decision until after the fall election in hopes of adding California to the list of 26 states that have approved constitutional amendments banning same-sex marriage.
"We're obviously very disappointed in the decision. The remedy is a constitutional amendment. The constitution defines marriage as a union between one man and one woman," said Glen Lavy, senior counsel for the organization.
Randy Thomasson of VoteYesMarriage.com, a campaign to amend the California Constitution to ban gay marriage, said the decision was in effect telling children that they have a "new role model — homosexual marriage, aspire to it.
"This is a disaster," he said.
Opponents of gay marriage could also ask the high court to reconsider. If the court rejects such a request, same-sex couples could start getting married in 30 days, the time it typically takes for the justices' opinions to become final.
The justices said they would direct state officials "to take all actions necessary to effectuate our ruling," including requiring county marriage clerks to carry out their duties "in a manner consistent with" the court's decision.
James Vaughn, director of the California Log Cabin Republicans, called the ruling a "conservative one."
"The justices have ensured that the law treats all Californians fairly and equally. This decision is a good one for all families, gay and non-gay," Vaughn said.
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| May 15, 2008 @ 7:05 PM |
Hah! Finally! California's top court legalizes gay marriage |
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SunBabe
Posts: 12,278
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Continued:
The case was set in motion in 2004 when the mayor of San Francisco — the unofficial capital of gay America — threw City Hall open to gay couples to get married in a calculated challenge to California law. Four-thousand gay couples wed before the Supreme Court put a halt to the practice after a month.
Two dozen gay couples then sued, along with the city and gay rights organizations.
Thursday's ruling could alter the dynamics of the presidential race and state and congressional contests in California and beyond by causing a backlash among conservatives and drawing them to the polls in large numbers.
A spokesman for Republican John McCain, who opposes gay marriage, said the Arizona senator "doesn't believe judges should be making these decisions." The campaigns of Barack Obama and Hillary Rodham Clinton said they believe that the issue of marriage should be left to the states.
Ten states now offer some form of legal recognition to same-sex couples — in most cases, domestic partnerships or civil unions. In the past few years, the courts in New York, New Jersey and Washington state have refused to allow gay marriage.
Outside the San Francisco courthouse, gay marriage supporters cried and cheered as news spread of the decision. Jeanie Rizzo, one of the plaintiffs, called Pali Cooper, her partner of 19 years, via cell phone and asked, "Pali, will you marry me?"
Shannon Minter of the National Center for Lesbian Rights said same-sex marriage advocates could not have hoped for a more favorable ruling by the Republican-dominated court. "It's a total victory," Minter said.
California already offers same-sex couples who register as domestic partners many of the legal rights and responsibilities afforded to married couples, including the right to divorce and to sue for child support.
Citing a 1948 California Supreme Court decision that overturned a ban on interracial marriages, the justices struck down the state's 1977 one-man, one-woman marriage law, as well as a similar, voter-approved law that passed with 61 percent in 2000.
The chief justice was joined by Justices Joyce Kennard and Kathryn Werdegar, all three of whom were appointed by Republican governors, and Justice Carlos Moreno, the only member of the court appointed by a Democrat.
In a dissent, Justice Marvin Baxter agreed with many arguments of the majority but said that the court overstepped its authority and that changes to marriage laws should be decided by the voters. Justices Ming Chin and Carol Corrigan also dissented.
California's secretary of state is expected to rule by the end of June whether the sponsors gathered enough signatures to put the gay-marriage amendment on the ballot.
Republican Gov. Arnold Schwarzenegger, who has twice vetoed legislation that would have granted marriage to same-sex couples, said in a statement that he respected the court's decision and "will not support an amendment to the constitution that would overturn this state Supreme Court ruling."
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| May 15, 2008 @ 7:06 PM |
Hah! Finally! California's top court legalizes gay marriage
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SunBabe
Posts: 12,278
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For reference:
By The Associated Press
Thu May 15, 3:06 PM ET
Ten states now offer some form of legal recognition to same-sex couples, while 26 states have approved constitutional amendments banning same-sex marriage, and three more may be considering such bans in November. The details:
RECOGNITION OF SAME-SEX UNIONS:
Same-sex marriage is recognized only in Massachusetts, but a state Supreme Court ruling Thursday puts California on a path to become the second state to do so. Four states — Vermont, New Jersey, Connecticut and New Hampshire — have civil unions. California has been one of five states with domestic partnership or reciprocal benefits laws that provide some marriage-like rights to same-sex couples. The others are Hawaii, Maine, Oregon and Washington, as well as the District of Columbia.
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| May 15, 2008 @ 7:07 PM |
Hah! Finally! California's top court legalizes gay marriage |
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burnslikethesun
Posts: 13,112
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Christ the hoops peeps have to jump through to love is ridiculous. While haters have free range and protected to the teeth. GOod for you Cali. Im about ready to move to Switzerland.
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| May 15, 2008 @ 7:15 PM |
Hah! Finally! California's top court legalizes gay marriage
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Nightowl001
Posts: 8,216
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Heya, Burns. If you get to Switzerland before I do, let me know where the best coffeeshops are. I've been threatening to move there for years, but then I think about how cold it is.
Back on topic, what is that crap by Thomasson about telling children that they have a "new role model — homosexual marriage, aspire to it. I don't know why those people feel they have the right to tell everyone else, "I don't care what you believe, you have to live by my rules," when it doesn't do a damn thing to them. Congratulations to the California Supreme Court! Now lets see the United States Supreme Court uphold the interstate compacts that recognize marriages in any state as being married in all states!
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| May 15, 2008 @ 7:19 PM |
Hah! Finally! California's top court legalizes gay marriage |
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eastham
Posts: 8,145
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Back to the same old Karl Rove tactics. Do the Republicans really think that putting this amendment on the ballot will win the state for McCain as previous efforts were designed not to "protect" the people of Ohio or other key states in the Electoral College?
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| May 15, 2008 @ 7:20 PM |
Hah! Finally! California's top court legalizes gay marriage
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lefthandedluckie
Posts: 6,386
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Maybe, just maybe, one of these days this country will stand for what it claims...."Equal Justice Under The Law"!!
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| May 15, 2008 @ 7:24 PM |
Hah! Finally! California's top court legalizes gay marriage |
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SunBabe
Posts: 12,278
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telling children that they have a "new role model — homosexual marriage, aspire to it.
That is some of the DUMBEST propaganda that comes out of those peoples mouths!  ...and others actually believe it. 
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| May 15, 2008 @ 7:25 PM |
Hah! Finally! California's top court legalizes gay marriage
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Gallows_Humor
Posts: 14,775
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Back to the same old Karl Rove tactics. Do the Republicans really think that putting this amendment on the ballot will win the state for McCain as previous efforts were designed not to "protect" the people of Ohio or other key states in the Electoral College?
a very smart woman here...  does anyone really think Arnold saw the light and went liberal.....?
Republican Gov. Arnold Schwarzenegger, who has twice vetoed legislation that would have granted marriage to same-sex couples, said in a statement that he respected the court's decision and "will not support an amendment to the constitution that would overturn this state Supreme Court ruling."
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| May 15, 2008 @ 10:44 PM |
Hah! Finally! California's top court legalizes gay marriage |
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LipGlossQueen9
Posts: 11,181
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Thank god.
And before anyone says gays marrying ruins the sanctity of marriage....
Hello...straight people marrying in Vegas after a drunken night of sex or marrying 5 times..that ruins the sanctity of marriage. Not a gay couple who has been together for years and is truly in love.
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| May 15, 2008 @ 11:19 PM |
Hah! Finally! California's top court legalizes gay marriage
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burnslikethesun
Posts: 13,112
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Hello...straight people marrying in Vegas after a drunken night of sex or marrying 5 times..that ruins the sanctity of marriage. Not a gay couple who has been together for years and is truly in love. 
Funny thing is, you can drop the Vegas and after drunken and still find those that ruins the sanctity of marriage.
Cheaters, cheaters on, cheaters with, cheating cheaters, liars, scammers, green card marrying, Nicole Smiths, ect. ect.
Will Do Night Owl
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| May 15, 2008 @ 11:28 PM |
Hah! Finally! California's top court legalizes gay marriage |
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willsmalto
Posts: 3,645
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how could they? no hard feelings but how could they overturn the people's voice?
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| May 15, 2008 @ 11:29 PM |
Hah! Finally! California's top court legalizes gay marriage
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willsmalto
Posts: 3,645
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ooopppps!
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| May 15, 2008 @ 11:30 PM |
Hah! Finally! California's top court legalizes gay marriage |
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LipGlossQueen9
Posts: 11,181
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Courts have the power to declare laws unconstitutional. Supremacy clause. They do not represent the people.
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| May 16, 2008 @ 12:17 AM |
Hah! Finally! California's top court legalizes gay marriage
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eastham
Posts: 8,145
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One thing to add. While we do not as yet have civil unions or same sex marriages in NY, a recent NY court ruled that the state must recognize marriages legally conducted in other venues. The case in question was the marriage of a lesbian couple in Canada. As the marriages of heterosexual couples in Canada are validated in NY, now the weddings of gay couples are as well.
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| May 16, 2008 @ 5:40 AM |
Hah! Finally! California's top court legalizes gay marriage |
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Novalite
Posts: 3,253
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does anyone really think Arnold saw the light and went liberal.....?
I don't think so. Allowing and endorsing Gay Marriage is a logical move in a human rights orientated society. It's not Liberal or right Wing but simply just.
how could they? no hard feelings but how could they overturn the people's voice?
Easy. They were appointed to decide matters for the State. not take polls and give orders according to what the polls said. If for example, the people overwhelmingly wished to bring in slavery these fine people would ensure that state laws were complied with and that would not happen. If they make too many decisions that are not popular with the people then pressure can be placed by the people through their representatives to have them canned and new ones placed.
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| May 16, 2008 @ 6:00 AM |
Hah! Finally! California's top court legalizes gay marriage
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SyndilLucian
Posts: 1,046
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Good for California! I really could care less what a couple 'consists' of, one man and one woman, two men, two women, no one should have the right to decide for others who they love. That thinking should have gone out with the middle ages, and still fogs the minds of many people.
I would never think it was my right or responsibility to make decisions for anyone else, and I reserve the right to make decisions for myself, as long as those decisions are not illegal. (Not touching the immoral ones, you don't want to know my views on that, trust me.) 
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| May 16, 2008 @ 12:12 PM |
Hah! Finally! California's top court legalizes gay marriage |
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Kenn159
Posts: 4,402
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Hey you guys,I too have thought about moving to Switzerland. This country as of late seems to be going to hell in a hand bag.
We maybe experiancing the downfall of a society in the U.S.
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| May 16, 2008 @ 12:18 PM |
Hah! Finally! California's top court legalizes gay marriage
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Kenn159
Posts: 4,402
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Back to the topic.
Amen California
I still don't understand the logic behind the claim that gay marriage some how negatively affects heterosexual marriages.
I guess because there is no logic to it.
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| May 16, 2008 @ 1:00 PM |
Hah! Finally! California's top court legalizes gay marriage |
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Gallows_Humor
Posts: 14,775
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it is a religious thing.. if it is legal then it must be ok.. if it is not legal.. then it is still wrong...
not my views ..but you asked a question.. 
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