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Proposition 8 lawsuit decision due tomorrow

Discussion in 'Politics' started by B_RedDude, Aug 3, 2010.

  1. B_RedDude

    B_RedDude Banned

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    I just read that Judge Vaughn Walker of the U.S. District Court for the Northern District of California will issue tomorrow his ruling on the constitutionality of California Proposition 8 (November 2008) which overturned a California Supreme Court decision (May 2008) recognizing marriage as a right irrespective of the sex of each partner.

    From what I have read about his handling of the case, I believe that he will issue a ruling declaring that Prop 8 is unconstitutional.
     
    #1 B_RedDude, Aug 3, 2010
    Last edited: Aug 3, 2010
  2. AlextheRedhead

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  3. B_RedDude

    B_RedDude Banned

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    Thanks for reposting, fellow redhead. Sorry for the inconvenience.

     
    #3 B_RedDude, Aug 3, 2010
    Last edited: Aug 3, 2010
  4. AlextheRedhead

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  5. B_RedDude

    B_RedDude Banned

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    As expected, Judge Walker ruled that California Proposition 8 is unconstitutional under the U.S. Constitution.
     
  6. Countryguy63

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    But what does that in itself mean? Will they have to recognize all marriages?
     
  7. B_RedDude

    B_RedDude Banned

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    I could be wrong, but I believe that under the law, the ruling, as it currently stands applies only in the U.S. Court district for the Northern District of California. If it is upheld by the 9th Circuit Court of Appeals, perhaps it would then apply to the entire region that encompasses the 9th circuit. Anyone up on this? Attorneys?

     
  8. ericbythebay

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    Read the order at the end of the ruling. The ruling applies to the State of California, so it would apply to the whole state.
     
  9. B_RedDude

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    Duh, thanks Eric. I think the regional rule would apply if the judge had been ruling on a federal law. Did not factor into my thinking that a federal judge was ruling on the federal constitutionality of a state-originated matter. Thanks for clearing that up.

     
  10. justmeincal

    justmeincal Well-Known Member

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    Judge Walker has removed the stay on his decision. Gay couples may start getting married on August 18th, unless prop.8 supporters convince the 9th Circuit Court to issue a stay.
     
  11. B_Marius567

    B_Marius567 Banned

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    How do Gay couples consummate a marriage?
     
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    ..:rolleyes2:
     
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    I think you meant the United States Court of Appeals for the Ninth Circuit. The stay was granted, of course, and opening briefs are due to the appeals court one week from this Friday, on 17 September 2010.
     
  14. Bbucko

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