CA Supreme Court review of Prop. 8

Started by ewu, November 25, 2008, 11:47:43 AM

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RadioactiveKitty

Quote from: codex biblio on March 11, 2009, 12:41:51 AM
Quote from: RadioactiveKitty on March 10, 2009, 02:02:07 PM
Quote from: AnimeEmperor on November 25, 2008, 03:05:37 PM
Just let them get married already, this should have been taken care of so long ago....it's just going to go back and forth until eventually they're allowed to anyway.
you know i like the way this is worded, simple and clean- and DEFIANTLY to the point
my opinion is it should just be made legal as well.

But this thread isn't so much a "Prop. 8" debate (which has its own thread). It's a "California Supreme Court review of Prop. 8" thread. This is more about the legal process. Prop. 8 is the example he's using in this instance.

In answer to the OP, yes, the state Supreme Court should be able to review Prop. 8. That's part of their job until someone takes that power away from them.

If the LA Times November article is accurate, there's precedent:
http://articles.latimes.com/2008/nov/20/local/me-prop8-supreme-court20
(I'm always a little leery about getting legal case history from mainstream media, but they're easy to find)

And sorry to be off topic, but this discussion did remind me that California anti-miscegenation laws were overturned only in mid-20th century.  Some others on this and other threads have made comparisons between Prop. 8 with interracial marriages. Interracial marriages fought a long social and legal battle. Are we comparing the same type of legal battle?


true, so ok my 2 sense is they SHOULD review it, i mean a question that me and a few friends ask eachother is HOW did it pass in the first place? but either way, i guess whatever happens,... happens...

Kazuko

#41
Quote from: RadioactiveKitty on March 14, 2009, 08:59:21 PM
Quote from: codex biblio on March 11, 2009, 12:41:51 AM
Quote from: RadioactiveKitty on March 10, 2009, 02:02:07 PM
Quote from: AnimeEmperor on November 25, 2008, 03:05:37 PM
Just let them get married already, this should have been taken care of so long ago....it's just going to go back and forth until eventually they're allowed to anyway.
you know i like the way this is worded, simple and clean- and DEFIANTLY to the point
my opinion is it should just be made legal as well.

But this thread isn't so much a "Prop. 8" debate (which has its own thread). It's a "California Supreme Court review of Prop. 8" thread. This is more about the legal process. Prop. 8 is the example he's using in this instance.

In answer to the OP, yes, the state Supreme Court should be able to review Prop. 8. That's part of their job until someone takes that power away from them.

If the LA Times November article is accurate, there's precedent:
http://articles.latimes.com/2008/nov/20/local/me-prop8-supreme-court20
(I'm always a little leery about getting legal case history from mainstream media, but they're easy to find)

And sorry to be off topic, but this discussion did remind me that California anti-miscegenation laws were overturned only in mid-20th century.  Some others on this and other threads have made comparisons between Prop. 8 with interracial marriages. Interracial marriages fought a long social and legal battle. Are we comparing the same type of legal battle?


true, so ok my 2 sense is they SHOULD review it, i mean a question that me and a few friends ask eachother is HOW did it pass in the first place? but either way, i guess whatever happens,... happens...
Uhh durr there was a vote and a majority of the people who voted were from the conservative people who are usually religious folk and a majority of minority voters who have their own strict value of what marriage is and what it isnt (usually based from religion i.e the bible says this) and just plain ignorant people from what I remember. I mean just because this is california it doesnt mean that it would have auto not passed. IMO the Anti-prop 8 campagin was poorly advertised such as there was no reassurance of the whole gay marriage in schools thing or the pros of not having prop 8 it left the swing voters confused and usualy some will vote in the opposite direction, I voted no on it cause of reasons stated in the prop 8 debate thread.


Im suprised that the supreme court has not updated, from what I remember they spent 3 hours discussing it. Are they even still making the final decision? also I really hope this wont nullify any marriages that happened before prop 8 was passed because that in itself is wrong.
Oh well according to the LA times it looks like prop 8 may not be overturrned but the marriages that happened prior to prop 8 will still be legal
http://www.latimes.com/news/local/la-me-prop8-supreme-court6-2009mar06,0,798075.story

the judges apparently are still reluctant to it man It would suck to be them right now


RadioactiveKitty

Quote from: Kazuko on March 14, 2009, 09:12:23 PM
Quote from: RadioactiveKitty on March 14, 2009, 08:59:21 PM
Quote from: codex biblio on March 11, 2009, 12:41:51 AM
Quote from: RadioactiveKitty on March 10, 2009, 02:02:07 PM
Quote from: AnimeEmperor on November 25, 2008, 03:05:37 PM
Just let them get married already, this should have been taken care of so long ago....it's just going to go back and forth until eventually they're allowed to anyway.
you know i like the way this is worded, simple and clean- and DEFIANTLY to the point
my opinion is it should just be made legal as well.

But this thread isn't so much a "Prop. 8" debate (which has its own thread). It's a "California Supreme Court review of Prop. 8" thread. This is more about the legal process. Prop. 8 is the example he's using in this instance.

In answer to the OP, yes, the state Supreme Court should be able to review Prop. 8. That's part of their job until someone takes that power away from them.

If the LA Times November article is accurate, there's precedent:
http://articles.latimes.com/2008/nov/20/local/me-prop8-supreme-court20
(I'm always a little leery about getting legal case history from mainstream media, but they're easy to find)

And sorry to be off topic, but this discussion did remind me that California anti-miscegenation laws were overturned only in mid-20th century.  Some others on this and other threads have made comparisons between Prop. 8 with interracial marriages. Interracial marriages fought a long social and legal battle. Are we comparing the same type of legal battle?


true, so ok my 2 sense is they SHOULD review it, i mean a question that me and a few friends ask eachother is HOW did it pass in the first place? but either way, i guess whatever happens,... happens...
Uhh durr there was a vote and a majority of the people who voted were from the conservative people who are usually religious folk and a majority of minority voters who have their own strict value of what marriage is and what it isnt (usually based from religion i.e the bible says this) and just plain ignorant people from what I remember. I mean just because this is california it doesnt mean that it would have auto not passed. IMO the Anti-prop 8 campagin was poorly advertised such as there was no reassurance of the whole gay marriage in schools thing or the pros of not having prop 8 it left the swing voters confused and usualy some will vote in the opposite direction, I voted no on it cause of reasons stated in the prop 8 debate thread.


Im suprised that the supreme court has not updated, from what I remember they spent 3 hours discussing it. Are they even still making the final decision? also I really hope this wont nullify any marriages that happened before prop 8 was passed because that in itself is wrong.
Oh well according to the LA times it looks like prop 8 may not be overturrned but the marriages that happened prior to prop 8 will still be legal
http://www.latimes.com/news/local/la-me-prop8-supreme-court6-2009mar06,0,798075.story

the judges apparently are still reluctant to it man It would suck to be them right now



ah she is right, i mean most conservatives ARE religious... 
NOT TO SAY THAT ALL ARE! i know of a few who are not lol. but still, i dont think that it will be much differant, i mean the best the Supreme court will do is put it on the ballot. what would be an interesting outcome is for EVERYONE WHO CAN vote (meaning people 18 and over) to vote on what they believe. and THAN see the outcome. than prop 8 may again or MAY NOT pass. idk. it would be a very interesting outcome.

ewu

you know the asian democratic vote was mainly for 8....and I think there was the "I was liberal enough to vote for a black man, its OK to not vote for the gay men."
Eric Wu
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ericATfanimeDOTcom

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WAAAOOOOW Pyron Is VICIOUS! >_< ANYHOO yeah i think it should be reviewed.
QUESTION! what about the people that DID get married is their marriage now void from that? or does California still see them as married? or *wink wink* "married"