Judge rules Proposition 8 unconstitutional, hopefully!

Postby Mitsukara » Wed Aug 04, 2010 5:13 pm

http://www.scpr.org/news/2010/08/04/jud ... itutional/
http://en.wikipedia.org/wiki/Perry_v._Schwarzenegger

As I understand it, appeals are going on until Friday, after which the decision can be finalized (or cast down, but hopefully not).

Also, if I understand correctly, if this is finalized, it makes it a federal issue that can be approached in the supreme court, and thus allow a country-wide ruling on the whole mess. There are still ways for this to go bad, but there's a chance here that it might be totally legalized. Wouldn't that be awesome?

We can hope, and try.
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Re: Judge rules Proposition 8 unconstitutional, hopefully!

Postby Idiot Glee » Wed Aug 04, 2010 6:49 pm

https://ecf.cand.uscourts.gov/cand/09cv2292/

Quite the read. Long, but skim the factual findings, that's the meat. ^___^
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Re: Judge rules Proposition 8 unconstitutional, hopefully!

Postby Mitsukara » Wed Aug 04, 2010 7:13 pm

Among others:
>> Domestic partnerships lack the social meaning associated with marriage, and marriage is widely regarded as the definitive expression of love and commitment in the United States.

>> Gays and lesbians have been victims of a long history of discrimination.
(In the words of someone who shall remain unspecified: "No shit.")

>> Religious beliefs that gay and lesbian relationships are sinful or inferior to heterosexual relationships harm gays and lesbians.

>> Proposition 8 places the force of law behind stigmas against gay and lesbians, including: gays and lesbians do not have intimate relationships similar to heterosexual couples; gays and lesbians are not as good as heterosexuals; and gay and lesbian relationships do not deserve the full recognition of society.
>> Proposition 8 singles out gays and lesbians and legitimates their unequal treatment. Proposition 8 perpetuates the stereotype that gays and lesbians are incapable of forming long-term loving relationships and that gays and lesbians are not good parents.

>> California law permits and encourages gays and lesbians to become parents through adoption, foster parenting or assistive reproductive technology. Approximately eighteen percent of same-sex couples in California are raising children.
>> The factors that affect whether a child is well-adjusted are: (1) the quality of a child's relationship with his or her parents; (2) the quality of the relationship between a child's parents or significant adults in the child's life; and (3) the availability of economic and social resources.
>> The gender of a child's parent is not a factor in a child's adjustment. The sexual orientation of an individual does not determine whether that individual can be a good parent. Children raised by gay or lesbian parents are as likely as children raised by heterosexual parents to be healthy, successful and well-adjusted. The research supporting this conclusion is accepted beyond serious debate in the field of developmental psychology.

These are legal findings of fact. Eee!
^v^ -.- ^,^
I really, really, really, really, really hope this sticks.
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Re: Judge rules Proposition 8 unconstitutional, hopefully!

Postby Ashes » Sat Aug 14, 2010 10:48 pm

Hurray for not having my rights denied by a tyrannical majority! Oh wait, I don't live in California. Oh well. Hurray for California!

Sorry, I just can't help but feel cynical still. Hopes on this front have been dashed too many times. Even though we won, the results of the referendum stand as a reminder of how much hate and ignorance is out there.
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Re: Judge rules Proposition 8 unconstitutional, hopefully!

Postby Wizard CaT » Mon Aug 16, 2010 5:27 pm

This shit is why California has no money. But hey lets spend a few million more in money instead of allowing marriage and basking in the inflow of revenue. Both from cost of marriage license and the penalty of marriage tax.
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