California gay marriage ban will now either go to the US Supreme Court, or be overturned immediately - Polidicks

[url]http://www.bbc.co.uk/news/world-us-canada-19072943[/url] [quote=BBC News][B]Opponents of gay marriage in the state of California have asked the US Supreme Court to uphold a ban on same-sex weddings that was ruled unconstitutional by an appeal court.[/B] A panel of three judges said the ban - a 2008 state constitutional amendment known as Proposition 8 - violated the civil rights of California residents. In May President Barack Obama said he supported gay couples' right to marry. The Supreme Court could take up the matter in its October session. Proposition 8 was approved by 52% of California voters in November 2008, banning gay marriage just months after state lawmakers legalised it. But a court overturned the ban in 2010. In June 2012, the judges of the 9th US Circuit Court of Appeals upheld that judgement. [B]'Judicial death sentence'[/B] Lawyers for opponents of gay marriage were widely expected to ask the Supreme Court to consider their arguments in favour of the ban. If the Supreme Court chooses not to take up the case it would mean same-sex marriages, which have been put on hold in California, could resume. "The 9th Circuit's error, if left uncorrected, will have widespread and immediate negative consequences," supporters of Proposition 8 wrote in their petition. "The 9th Circuit's sweeping dismissal of the important societal interests served by the traditional definition of marriage is tantamount to a judicial death sentence for traditional marriage laws throughout the Circuit." Lawyers representing two gay couples who first challenged the California ban in 2009 have said they will urge the high court to reject it. The Obama administration has also asked the Supreme Court to review a number of legal challenges to a federal law known as the Defense of Marriage Act, which prevents the federal government from recognising same-sex marriages. As a result, legally married same-sex couples cannot file joint tax returns, receive federal survivor benefits, or access other national programmes available to married people. On Tuesday, a judge in the state of Connecticut ruled in favour of six married gay couples and one widower who sued after they were denied access to federal benefits. District Judge Vanessa Bryant said the 1996 law violated the US Constitution's Fifth Amendment right to equal protection. An opinion poll released by the Pew Research Center on Tuesday also showed the gap in public support for gay marriage widening along party lines. It said 65% of Democrats now support gay marriage - up from 59% in April, before Mr Obama's endorsement - while only 24% of Republicans are in favour. Correspondents say that there is no guarantee Mr Obama's stance on the issue will help him in November's presidential election. The Pew opinion poll showed that a majority of independent voters support same-sex marriage but several key battleground states, including Ohio, Virginia, Florida and North Carolina have supported constitutional bans on it.[/quote]

Why cant people just accept gay people.

I hope the SC just refuses to see the case. That'd be a slap in the face for those homophobes.

[QUOTE=King Tiger;37026286]I hope the SC just refuses to see the case. That'd be a slap in the face for those homophobes.[/QUOTE] Eh, it'd be better if the Supreme Court hears the case and rules it unconstitutional. That way, the ruling is final for everyone.

[QUOTE=Amiga OS;37026350]Because a very old work of fiction tells them not to.[/QUOTE] Because this is how you start a flamewar :downs:

[QUOTE=Amiga OS;37026350]Because a very old work of fiction tells them not to.[/QUOTE] shitstorm incoming

[QUOTE=Rankxerox;37026384]Because this is how you start a flamewar :downs:[/QUOTE] To be fair, facepunch doesn't really have a very large religious community.. I actually dunno how religion related flame wars even start :v:?

[QUOTE=Amiga OS;37026350]Because a very old work of fiction tells them not to.[/QUOTE] [media]http://www.youtube.com/watch?v=xSLlZh9yelk[/media] [highlight](User was banned for this post ("Video marco" - Craptasket))[/highlight]

[QUOTE=pvt.jenkins;37026454]To be fair, facepunch doesn't really have a very large religious community.. I actually dunno how religion related flame wars even start :v:?[/QUOTE] One dude decides to defend the pope or w/e and doesn't know when to stop.

If it went to the Supreme Court, it would basically mean that a gay marriage ban anywhere in the country would be unconstitutional.

I don't get it, there's no federal law that says gays can't be married, should it be the individual state's jurisdiction? How the hell is this unconstitutional? The founding fathers weren't even christian for chrissakes they were adeist!

[QUOTE=Lankist;37026318]Eh, it'd be better if the Supreme Court hears the case and rules it unconstitutional. That way, the ruling is final for everyone.[/QUOTE] Of course it would be better. However, I fear that they could possibly rule against it.

[QUOTE=Doctor Zedacon;37026518]If it went to the Supreme Court, it would basically mean that a gay marriage ban anywhere in the country would be unconstitutional.[/QUOTE] AFAIK they are comparing it against the California Constitution, not the US one?

[QUOTE=Wealth + Taste;37026537]I don't get it, there's no federal law that says gays can't be married, should it be the individual state's jurisdiction? How the hell is this unconstitutional? The founding fathers weren't even christian for chrissakes they were adeist![/QUOTE] ??? [editline]31st July 2012[/editline] [QUOTE=smurfy;37026563]AFAIK they are comparing it against the California Constitution, not the US one?[/QUOTE] Supreme Court only deals in the US Constitution. If something is found by the USSC to be unconstitutional by the federal constitution, the state constitutions are irrelevant. It's national precedence. Once it gets above the California Supreme Court, individual state constitutions don't really matter. It's all federal beyond that point.

[QUOTE=Wealth + Taste;37026537]I don't get it, there's no federal law that says gays can't be married, should it be the individual state's jurisdiction? How the hell is this unconstitutional? The founding fathers weren't even christian for chrissakes they were adeist![/QUOTE][url=http://en.wikipedia.org/wiki/Defense_of_Marriage_Act]Defense of Marriage Act[/url]. Second, its unconstitutional because it discriminates between citizens, unfairly denying something to one group in favor of another. Supreme Court can come in and say, "No, stop, you don't get the right to decide that."

[QUOTE=Doctor Zedacon;37026593][url=http://en.wikipedia.org/wiki/Defense_of_Marriage_Act]Defense of Marriage Act[/url]. Second, its unconstitutional because it discriminates between citizens, unfairly denying something to one group in favor of another. Supreme Court can come in and say, "No, stop, you don't get the right to decide that."[/QUOTE] Discriminates solely on a religious basis, no less.

Wow so gay marriage would really be made legal across the entire United States if this passes the Supreme Court? Holy shit

Well, with a supreme court ruling any bans would be made unconstitutional, and they'd have to get slogged through the courts for at least one run

[QUOTE=Doctor Zedacon;37026593][url=http://en.wikipedia.org/wiki/Defense_of_Marriage_Act]Defense of Marriage Act[/url]. Second, its unconstitutional because it discriminates between citizens, unfairly denying something to one group in favor of another. Supreme Court can come in and say, "No, stop, you don't get the right to decide that."[/QUOTE] I'm for gay marriage, I meant why is gay marriage unconstitutional, not the other way around.

I'm a religious person and I honestly don't have a problem with it, and neither do most of my friends. I don't get why it can't just be a church-by-church thing. My church, for example, has a number of gay people in its congregation, and would do it without breaking a sweat (one of my best friends there is also the most outwardly gay person I know, and one of my lesbian friends brings here girlfriend to sunday school :v:). But we're Lutheran, which is one of the more accepting, relaxed branches of Christianity.

[QUOTE=Wealth + Taste;37026682]I'm for gay marriage, I meant why is gay marriage unconstitutional, not the other way around.[/QUOTE]Marriage as an institution predates modern religions, so its not like religion is an integral part. Otherwise there would be nothing to actually make marriage unconstitutional.

[QUOTE=Wealth + Taste;37026682]I'm for gay marriage, I meant why is gay marriage unconstitutional, not the other way around.[/QUOTE] Have you misunderstood? California banned gay marriage. It looks like the Supreme Court is now going to decide whether that ban was unconstitutional. Not whether gay marriage is unconstitutional. If the ban does get struck down, it will be under the [url=http://en.wikipedia.org/wiki/Equal_Protection_Clause]Equal Protection Clause[/url]

[QUOTE=areolop;37026264]Why cant people just accept gay people.[/QUOTE] Why cant we end all wars Why cant people stop interpreting religious texts literally Why cant video games be an accepted medium of expression and not just a massive cash cow because morons

[QUOTE=smurfy;37026623]Wow so gay marriage would really be made legal across the entire United States if this passes the Supreme Court? Holy shit[/QUOTE] Potentially.

[QUOTE=Lankist;37026957]Potentially.[/QUOTE] If a Constitutional argument is deemed sound by the Supreme Court the 14th nullifies state law?

[QUOTE=POLOPOZOZO;37027102]If a Constitutional argument is deemed sound by the Supreme Court the 14th nullifies state law?[/QUOTE]I think what he is saying is that it may not necessarily legalize it, it just will prevent states from banning it. So it really depends on what exactly the ruling says.

.

woop woop cali-- wait, nvm, you guys banned it in the first place

[QUOTE=The golden;37026308]Hard to do that when you've been religiously brainwashed by your intolerant parents since birth.[/QUOTE] I'm Catholic and have gone to a nun school when I was younger and nobody told me anything about hating gays. One of my best friends is gay and he's awesome.

[QUOTE=POLOPOZOZO;37027102]If a Constitutional argument is deemed sound by the Supreme Court the 14th nullifies state law?[/QUOTE] California's legalization of medical marijuana in violation of Federal Law. I doubt it will "force" States to legalize gay marriage.