Prop 8 ruled unconstitutional

[Underium]

i think that there should be two kinds of "marriage" the religous kind that religions can choose to do or not, then the one thats more official since marriage has consequences like tax cuts, ect. it should be government controlled and not influenced by any other sources including religion, so this is a good thing, we are one step closer to eqaulity, I don't see how some people can explain it to themselves, all people are equal and nothing and i mean nothing makes anyone unequal, even hitler was equal, you can get your rights revoked like hitler should have, but your still eqaul, there is a small diffrence between equality and rights, but there is a diffrence nonetheless.

[Farnhamia]

i think that there should be two kinds of "marriage" the religous kind that religions can choose to do or not, then the one thats more official since marriage has consequences like tax cuts, ect. it should be government controlled and not influenced by any other sources including religion, so this is a good thing, we are one step closer to eqaulity, I don't see how some people can explain it to themselves, all people are equal and nothing and i mean nothing makes anyone unequal, even hitler was equal, you can get your rights revoked like hitler should have, but your still eqaul, there is a small diffrence between equality and rights, but there is a diffrence nonetheless.

We already have that in the US, it's called "marriage." You could have the Pope perform the ceremony but if you do not have the ten-dollar marriage license issued by the nice person down at the county courthouse, you ain't married. The problem is, some people think they own the word and the institution. "Oh, you can have you 'civil unions,' we don't mind that, but 'marriage' is such a sacred institution that we couldn't possibly take the chance that Baby Jesus might find out that queers got married, and cry." I get a little tired of it. Truly.

[Bottle]

i think that there should be two kinds of "marriage" the religous kind that religions can choose to do or not, then the one thats more official since marriage has consequences like tax cuts, ect. it should be government controlled and not influenced by any other sources including religion, so this is a good thing, we are one step closer to eqaulity, I don't see how some people can explain it to themselves, all people are equal and nothing and i mean nothing makes anyone unequal, even hitler was equal, you can get your rights revoked like hitler should have, but your still eqaul, there is a small diffrence between equality and rights, but there is a diffrence nonetheless.

We already have that in the US, it's called "marriage." You could have the Pope perform the ceremony but if you do not have the ten-dollar marriage license issued by the nice person down at the county courthouse, you ain't married. The problem is, some people think they own the word and the institution. "Oh, you can have you 'civil unions,' we don't mind that, but 'marriage' is such a sacred institution that we couldn't possibly take the chance that Baby Jesus might find out that queers got married, and cry." I get a little tired of it. Truly.

For serious.

I'm so sick and fucking tired of AMERICANS making the argument that "we should have" separate religious and civil marriage. WE DO. Our current legal marriage system is secular. I know this for an absolute fact because my ATHEIST parents have been married for over three decades. Marriage is not inherently religious in the USA, and hasn't been for a very long time.

[Desperate Measures]

i think that there should be two kinds of "marriage" the religous kind that religions can choose to do or not, then the one thats more official since marriage has consequences like tax cuts, ect. it should be government controlled and not influenced by any other sources including religion, so this is a good thing, we are one step closer to eqaulity, I don't see how some people can explain it to themselves, all people are equal and nothing and i mean nothing makes anyone unequal, even hitler was equal, you can get your rights revoked like hitler should have, but your still eqaul, there is a small diffrence between equality and rights, but there is a diffrence nonetheless.

We already have that in the US, it's called "marriage." You could have the Pope perform the ceremony but if you do not have the ten-dollar marriage license issued by the nice person down at the county courthouse, you ain't married. The problem is, some people think they own the word and the institution. "Oh, you can have you 'civil unions,' we don't mind that, but 'marriage' is such a sacred institution that we couldn't possibly take the chance that Baby Jesus might find out that queers got married, and cry." I get a little tired of it. Truly.

For serious.

I'm so sick and fucking tired of AMERICANS making the argument that "we should have" separate religious and civil marriage. WE DO. Our current legal marriage system is secular. I know this for an absolute fact because my ATHEIST parents have been married for over three decades. Marriage is not inherently religious in the USA, and hasn't been for a very long time.

Oh, I've seen your parents. They are the ones with the red letter "A" tattooed on their foreheads?

[Bottle]

i think that there should be two kinds of "marriage" the religous kind that religions can choose to do or not, then the one thats more official since marriage has consequences like tax cuts, ect. it should be government controlled and not influenced by any other sources including religion, so this is a good thing, we are one step closer to eqaulity, I don't see how some people can explain it to themselves, all people are equal and nothing and i mean nothing makes anyone unequal, even hitler was equal, you can get your rights revoked like hitler should have, but your still eqaul, there is a small diffrence between equality and rights, but there is a diffrence nonetheless.

We already have that in the US, it's called "marriage." You could have the Pope perform the ceremony but if you do not have the ten-dollar marriage license issued by the nice person down at the county courthouse, you ain't married. The problem is, some people think they own the word and the institution. "Oh, you can have you 'civil unions,' we don't mind that, but 'marriage' is such a sacred institution that we couldn't possibly take the chance that Baby Jesus might find out that queers got married, and cry." I get a little tired of it. Truly.

For serious.

I'm so sick and fucking tired of AMERICANS making the argument that "we should have" separate religious and civil marriage. WE DO. Our current legal marriage system is secular. I know this for an absolute fact because my ATHEIST parents have been married for over three decades. Marriage is not inherently religious in the USA, and hasn't been for a very long time.

Oh, I've seen your parents. They are the ones with the red letter "A" tattooed on their foreheads?

Nah, my mom's is on her hip.

[Beautiful Peace]

It's about time---- the government has no right to interfere with people's marriages

[Ryadn]

How dare they? It's not like gays are people with basic human rights. OH FUCKING WAIT...they are.

No, no they're not

How are they not?

Because, if you are born a man, than you are a man. If you are born a woman, than you are a woman. Therefore, if you switch over to the other gender, you are denying the fact of which you were born a certain gender as a person. Therefore, you give up those rights by denying what you were born as.

...

Like I said, vegetarians don't even EAT chicken!

[Norstal]

Its ruled unconstitutional, but why haven't they repealed it yet?

[Farnhamia]

Its ruled unconstitutional, but why haven't they repealed it yet?

The judge stayed his own ruling pending appeal. The Prop 8 defenders announced an appeal even before the ruling. Don't know how long an appeal takes.

I'd love to see the appeal session:

Appeals Court Judge: "So, why exactly are you appealing Judge Walker's decision?"

Prop. 8 Proponent: "Well, we, uhm, we don't like it and don't think gays should, you know, get married, because ..."

Judge: "Do you have any actual new evidence to support your claim, or can you show us any errors Judge Walker made?"

Proponent: "Well, no, I mean, Your Honors, it's just ... lots of people voted for it, and ..."

The rest is drowned out by laughter and gavels banging.

[Allrule]

How dare they? It's not like gays are people with basic human rights. OH FUCKING WAIT...they are.

No, no they're not

How are they not?

Because, if you are born a man, than you are a man. If you are born a woman, than you are a woman. Therefore, if you switch over to the other gender, you are denying the fact of which you were born a certain gender as a person. Therefore, you give up those rights by denying what you were born as.

...

Like I said, vegetarians don't even EAT chicken!

What the hell does that mean?

[Ryadn]

Its ruled unconstitutional, but why haven't they repealed it yet?

The judge stayed his own ruling pending appeal. The Prop 8 defenders announced an appeal even before the ruling. Don't know how long an appeal takes.

I'd love to see the appeal session:

Appeals Court Judge: "So, why exactly are you appealing Judge Walker's decision?"

Prop. 8 Proponent: "Well, we, uhm, we don't like it and don't think gays should, you know, get married, because ..."

Judge: "Do you have any actual new evidence to support your claim, or can you show us any errors Judge Walker made?"

Proponent: "Well, no, I mean, Your Honors, it's just ... lots of people voted for it, and ..."

The rest is drowned out by laughter and gavels banging.

Why did Walker extend the stay? He was going to give both sides until last Friday to present evidence for/against the stay, right?

[Ryadn]

How dare they? It's not like gays are people with basic human rights. OH FUCKING WAIT...they are.

No, no they're not

How are they not?

Because, if you are born a man, than you are a man. If you are born a woman, than you are a woman. Therefore, if you switch over to the other gender, you are denying the fact of which you were born a certain gender as a person. Therefore, you give up those rights by denying what you were born as.

...

Like I said, vegetarians don't even EAT chicken!

What the hell does that mean?

Exactly.

[Sdaeriji]

Its ruled unconstitutional, but why haven't they repealed it yet?

The judge stayed his own ruling pending appeal. The Prop 8 defenders announced an appeal even before the ruling. Don't know how long an appeal takes.

I'd love to see the appeal session:

Appeals Court Judge: "So, why exactly are you appealing Judge Walker's decision?"

Prop. 8 Proponent: "Well, we, uhm, we don't like it and don't think gays should, you know, get married, because ..."

Judge: "Do you have any actual new evidence to support your claim, or can you show us any errors Judge Walker made?"

Proponent: "Well, no, I mean, Your Honors, it's just ... lots of people voted for it, and ..."

The rest is drowned out by laughter and gavels banging.

Why did Walker extend the stay? He was going to give both sides until last Friday to present evidence for/against the stay, right?

He did, and they did. Now he's reviewing their arguments for/against the stay. I have no idea how long he plans on/is allowed to wait before issuing his formal ruling, though.

[Ryadn]

Its ruled unconstitutional, but why haven't they repealed it yet?

The judge stayed his own ruling pending appeal. The Prop 8 defenders announced an appeal even before the ruling. Don't know how long an appeal takes.

I'd love to see the appeal session:

Appeals Court Judge: "So, why exactly are you appealing Judge Walker's decision?"

Prop. 8 Proponent: "Well, we, uhm, we don't like it and don't think gays should, you know, get married, because ..."

Judge: "Do you have any actual new evidence to support your claim, or can you show us any errors Judge Walker made?"

Proponent: "Well, no, I mean, Your Honors, it's just ... lots of people voted for it, and ..."

The rest is drowned out by laughter and gavels banging.

Why did Walker extend the stay? He was going to give both sides until last Friday to present evidence for/against the stay, right?

He did, and they did. Now he's reviewing their arguments for/against the stay. I have no idea how long he plans on/is allowed to wait before issuing his formal ruling, though.

Ah, okay. For some reason I thought he was going to issue a judgment on the stay fairly quickly. Didn't realize he was still reviewing it.

[DogDoo 7]

Its ruled unconstitutional, but why haven't they repealed it yet?

The judge stayed his own ruling pending appeal. The Prop 8 defenders announced an appeal even before the ruling. Don't know how long an appeal takes.

I'd love to see the appeal session:

Appeals Court Judge: "So, why exactly are you appealing Judge Walker's decision?"

Prop. 8 Proponent: "Well, we, uhm, we don't like it and don't think gays should, you know, get married, because ..."

Judge: "Do you have any actual new evidence to support your claim, or can you show us any errors Judge Walker made?"

Proponent: "Well, no, I mean, Your Honors, it's just ... lots of people voted for it, and ..."

The rest is drowned out by laughter and gavels banging.

Why did Walker extend the stay? He was going to give both sides until last Friday to present evidence for/against the stay, right?

wiki says that the state is going to start issuing marriage licenses on the 19th (Walker or the 9th Circuit could decide to extend the stay at anytime though).

[Sdaeriji]

Its ruled unconstitutional, but why haven't they repealed it yet?

The judge stayed his own ruling pending appeal. The Prop 8 defenders announced an appeal even before the ruling. Don't know how long an appeal takes.

I'd love to see the appeal session:

Appeals Court Judge: "So, why exactly are you appealing Judge Walker's decision?"

Prop. 8 Proponent: "Well, we, uhm, we don't like it and don't think gays should, you know, get married, because ..."

Judge: "Do you have any actual new evidence to support your claim, or can you show us any errors Judge Walker made?"

Proponent: "Well, no, I mean, Your Honors, it's just ... lots of people voted for it, and ..."

The rest is drowned out by laughter and gavels banging.

Why did Walker extend the stay? He was going to give both sides until last Friday to present evidence for/against the stay, right?

He did, and they did. Now he's reviewing their arguments for/against the stay. I have no idea how long he plans on/is allowed to wait before issuing his formal ruling, though.

Ah, okay. For some reason I thought he was going to issue a judgment on the stay fairly quickly. Didn't realize he was still reviewing it.

Yeah. Both sides met the August 6 deadline for submitting their arguments regarding the stay. At this point, my laymen's understanding of the law collapses. I have no idea how long Walker has to make his formal decision.

[Desperate Measures]

i think that there should be two kinds of "marriage" the religous kind that religions can choose to do or not, then the one thats more official since marriage has consequences like tax cuts, ect. it should be government controlled and not influenced by any other sources including religion, so this is a good thing, we are one step closer to eqaulity, I don't see how some people can explain it to themselves, all people are equal and nothing and i mean nothing makes anyone unequal, even hitler was equal, you can get your rights revoked like hitler should have, but your still eqaul, there is a small diffrence between equality and rights, but there is a diffrence nonetheless.

We already have that in the US, it's called "marriage." You could have the Pope perform the ceremony but if you do not have the ten-dollar marriage license issued by the nice person down at the county courthouse, you ain't married. The problem is, some people think they own the word and the institution. "Oh, you can have you 'civil unions,' we don't mind that, but 'marriage' is such a sacred institution that we couldn't possibly take the chance that Baby Jesus might find out that queers got married, and cry." I get a little tired of it. Truly.

For serious.

I'm so sick and fucking tired of AMERICANS making the argument that "we should have" separate religious and civil marriage. WE DO. Our current legal marriage system is secular. I know this for an absolute fact because my ATHEIST parents have been married for over three decades. Marriage is not inherently religious in the USA, and hasn't been for a very long time.

Oh, I've seen your parents. They are the ones with the red letter "A" tattooed on their foreheads?

Nah, my mom's is on her hip.

Must be a different married couple that are utterly destroying American family values.

[Soheran]

Why did Walker extend the stay? He was going to give both sides until last Friday to present evidence for/against the stay, right?

He didn't extend the stay. His original stay lasts until he rules on the indefinite stay motion.

wiki says that the state is going to start issuing marriage licenses on the 19th (Walker or the 9th Circuit could decide to extend the stay at anytime though).

I don't see that on Wikipedia (at least not its Perry v. Schwarzenegger article), and I don't think it's true. The current stay lasts until Judge Walker rules. If he rules against the Prop. 8 proponents and does not grant an indefinite stay, he will probably grant them a seven-day stay to give them time to appeal to the Ninth Circuit for a stay, and if they fail there, to Justice Kennedy and the Supreme Court.

[Grave_n_idle]

I wonder how much of an effect this is having on the psychology of the average American?

For the first time - a CNN poll shows the national majority support the right for homosexuals to have legally recognised marriages:

http://www.fivethirtyeight.com/2010/08/ ... ority.html


I think, maybe, the tactics of the anti-gay marriage agenda might have just blown up in their faces a little.

It will be interesting to see how that pans out... if the trend is maintained.

[DogDoo 7]

I wonder how much of an effect this is having on the psychology of the average American?

For the first time - a CNN poll shows the national majority support the right for homosexuals to have legally recognised marriages:

http://www.fivethirtyeight.com/2010/08/ ... ority.html


I think, maybe, the tactics of the anti-gay marriage agenda might have just blown up in their faces a little.

It will be interesting to see how that pans out... if the trend is maintained.

the trend will definitely continue if only because anti-gay marriage people tend to be old, and old people tend to die. circle of life FTW!

[Quelesh]

Why did Walker extend the stay? He was going to give both sides until last Friday to present evidence for/against the stay, right?

He didn't extend the stay. His original stay lasts until he rules on the indefinite stay motion.

wiki says that the state is going to start issuing marriage licenses on the 19th (Walker or the 9th Circuit could decide to extend the stay at anytime though).

I don't see that on Wikipedia (at least not its Perry v. Schwarzenegger article), and I don't think it's true. The current stay lasts until Judge Walker rules. If he rules against the Prop. 8 proponents and does not grant an indefinite stay, he will probably grant them a seven-day stay to give them time to appeal to the Ninth Circuit for a stay, and if they fail there, to Justice Kennedy and the Supreme Court.

According to CNN, Judge Walker is expected to rule on the stay motion in the next few hours.

[Harisha-haha]

Im all for the repeal.
Its reasons like this that we have a judiciary in the first place.
If we depended on the decision of the masses for everything we would still have slavery, women wouldnt have the right to vote, and people of different ethnicities wouldnt be allowed to marry.
The ignorant paranoid delusions of a god fearing people shouldnt be allowed to trump the civil liberties of a minority, for whatever reason.

[Muravyets]

i think that there should be two kinds of "marriage" the religous kind that religions can choose to do or not, then the one thats more official since marriage has consequences like tax cuts, ect. it should be government controlled and not influenced by any other sources including religion, so this is a good thing, we are one step closer to eqaulity, I don't see how some people can explain it to themselves, all people are equal and nothing and i mean nothing makes anyone unequal, even hitler was equal, you can get your rights revoked like hitler should have, but your still eqaul, there is a small diffrence between equality and rights, but there is a diffrence nonetheless.

We already have that in the US, it's called "marriage." You could have the Pope perform the ceremony but if you do not have the ten-dollar marriage license issued by the nice person down at the county courthouse, you ain't married. The problem is, some people think they own the word and the institution. "Oh, you can have you 'civil unions,' we don't mind that, but 'marriage' is such a sacred institution that we couldn't possibly take the chance that Baby Jesus might find out that queers got married, and cry." I get a little tired of it. Truly.

For serious.

I'm so sick and fucking tired of AMERICANS making the argument that "we should have" separate religious and civil marriage. WE DO. Our current legal marriage system is secular. I know this for an absolute fact because my ATHEIST parents have been married for over three decades. Marriage is not inherently religious in the USA, and hasn't been for a very long time.

And marriage itself has NEVER been inherently religious. The institution has always belonged to government.

[The Cat-Tribe]

Why did Walker extend the stay? He was going to give both sides until last Friday to present evidence for/against the stay, right?

He didn't extend the stay. His original stay lasts until he rules on the indefinite stay motion.

wiki says that the state is going to start issuing marriage licenses on the 19th (Walker or the 9th Circuit could decide to extend the stay at anytime though).

I don't see that on Wikipedia (at least not its Perry v. Schwarzenegger article), and I don't think it's true. The current stay lasts until Judge Walker rules. If he rules against the Prop. 8 proponents and does not grant an indefinite stay, he will probably grant them a seven-day stay to give them time to appeal to the Ninth Circuit for a stay, and if they fail there, to Justice Kennedy and the Supreme Court.

According to CNN, Judge Walker is expected to rule on the stay motion in the next few hours.

FWIW, a stay for 14 days of the court's final judgment was automatic under Federal Rule of Civil Procedure 62(a). In this case the Proponents of Prop. 8 had filed a motion for a longer stay of injunction pending appeal (which is a matter of discretion for the district court under FRCP 62(c)) and moved to shorten time for filing a response to the motion. The Court granted this motion(pdf). Thus, the Court is deciding about an injunction staying appeal on a slightly accelerated basis AND nothing should be read into the original stay.

[Soheran]

FWIW, a stay for 14 days of the court's final judgment was automatic under Federal Rule of Civil Procedure 62(a). In this case the Proponents of Prop. 8 had filed a motion for a longer stay of injunction pending appeal (which is a matter of discretion for the district court under FRCP 62(c)) and moved to shorten time for filing a response to the motion. The Court granted this motion(pdf). Thus, the Court is deciding about an injunction staying appeal on a slightly accelerated basis AND nothing should be read into the original stay.

This confuses me. If there was already an automatic stay, why bother with the preliminary stay in the order you link to:

"The clerk shall STAY entry of judgment herein until the
motion to stay pending appeal, Doc #705, has been decided."