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Californian Supreme Court rules opponents can appeal court decision to allow gay marriage

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  1. I’m quite confused that this is being portrayed as a defeat? The various LGBT rights groups in America that I’m subscribed to have all sent emails announcing their happiness that they can fight to set legal precedents within federal court and hopefully have the case reach the Supreme court, so I’m not sure why the article seems to present it as a setback.

    I personally think it’s good that this case can move forward because Protect Marriage are horrendous defendents of the Prop 8 ban, and Olson/Boies will wipe the floor with them at every court case. The California court has done us a favour by not ending this early and allowing it to eventually become a nationwide precedent, rather than a state specific ruling.

    The only disadvantage here is that marriage equality will be delayed in California, but that just makes the fight all the more important to win so that they, and everybody else, can finally be treated equally.

    1. luke from canada 18 Nov 2011, 2:03am

      from what i have read its just the national centre for lesbian rights that is upset by the ruling. i want the proponents of prop8 to fall on their butts, so I support the decision but only with reservations until I see what happens next

    2. Dr Robin Guthrie 18 Nov 2011, 2:24am

      I think the Judge has been either very clever or stupid depending
      on his view point.

      If he was being anti-gay then his ruling could have been so.

      I think he has thrown the ball into the park, thus in some way allowing the anti crowd to expose their bigotry given their as is seen desperate attempts.

      1. de Villiers 18 Nov 2011, 7:46am

        Or perhaps the judge has applied the law?

    3. This is not a bad decision for marriage equality. The Ninth Circuit
      is likely to uphold Judge Walker’s ruling, and in doing so, will set a precedent on the merits, that will affect all states the Ninth Circuit has jurisdiction over. It may or may not set-up a SCOTUS showdown, as that court may refuse to take the case. In the meantime, the political atmosphere is decidedly more favorable in favor of marriage equality in the US, and more gays are achieving elective office at all levels of government.

    4. Though it seems to be ridiculous that any clown now can start stepping into the task of the State if they do not agree with the stance of the State.
      But, if they would have been refused standing, Judge Walkers ruling would have been CA wide and have no further impact.
      Though there now will have to be a full going over the case, I can not imagine PM can do any better defence than they have already done, which means Olson/Boies will indeed wipe the floor with them and only a ridiculous ruling could be in favour of PM and Prop 8 to stand.
      So, a ruling against Prop 8 would have a much further impact than Judge Walker’s..

  2. This is a good decision for LGBT rights as will allow this case to eventually progress to the Supreme Court now. It has implications beyond California and could be binding on the entire US. This judgement does nothing to undermine the conclusions reached by Judge Walker.

  3. GingerlyColors 18 Nov 2011, 6:27am

    America is now less than 12 months away from the next Presidential Election and all the other elections and referenda that also take place on the same day. This will be a golden opportunity for proponents of gay marriage to introduce a new Proposition to be voted on in California. Remember that Prop 8 (2008) was carried by 52% to 48%. Three years of impassioned debate would have no doubt changed peoples’ minds on the subject. Some will go from being ‘pro’ to ‘anti’ but many more will go from being ‘anti’ to ‘pro’ and hopefully a decisive majority will vote in favour of gay marriages killing off forever the claim by religious fundalmentalists that love can only exist between a man and a woman.

    1. No, No, No, No…. hold it now. @GingerlyColors

      The difference between an inalienable right and a privilege can be said to be: the difficulty or ease at which it can be taken away

      You are proposing that you ask for your rights, to be given to you by popular vote, and that is not a right worth having. That is NOT a right, it is a privilege granted. And your privileges given in one election, can be taken away in the next one.

      Our rights are already defined and secured in the Constitution and will protected by the courts. The battle to protect those rights will only make them stronger. The rules with far reaching consequences.

      And finally when the last canon is silenced, we can have dignity that we did not compromise or shy away from the battle, and pride that we made a difference.

      Make a difference.

      1. Miguel Sanchez 18 Nov 2011, 3:16pm

        Then Prop 8 should be deemed unconstitutional according to the 14th Ammendment. Equal Protection under the law. I hope the Supreme Court strikes Prop 8 DOWN

        1. The 14 Amendment was added to the US Constitution and it includes the Equal Protection Clause which means each state has to provide equal protection under the law to all people.

          So if LGBT people want to get married like straight people then they have the right to get married which makes all people equal and protected.

          The problem is the Christian Fascist want to hijack the US Constitution and the legal system to stop LGBT people from having their equal rights in the United States.

  4. It’s great that the Prop 8 proponents non-evidence for the elimination of same sex marriage in California will now be heard by the Supreme Court.

    1. My thoughts exactly. I’m waiting to hear the answer to the question why should same sex marriage not be allowed. Let them have their day in court, it will cost them money and they will be made to look like asses.

    2. Yes, six of the nine members of the Supreme Court are however Catholic but if the case is judged on factual evidence presented under oath as they must it would be a travesty of justice if they found in favour of the proponents of Prop 8.

      1. What if they are threatened with excommunication, as some politicians have been?

  5. Jock S. Trap 18 Nov 2011, 8:51am

    This is disgusting, anything to stall and subject our community to yet more discrimination and treat us as second class citizens.

    Take note though… this is why we must have a consultation here in the UK to stop all this messing about to appease the religious extremist. There needs to be no excuses to anyone holding up this process and not only making society more equal but much more stable. That has to be better in any society.

    Shame those extreme ones in religion can’t see that and would rather create an unbalanced, unequal society to massage their faltering over inflated egos.

  6. I smell some Mormon judges in this decision – since California has over 1 million Mormons

  7. Janet Lameck 18 Nov 2011, 7:01pm

    Where can I appeal the rights of so called straights to marry?

  8. carrie baker 19 Nov 2011, 1:16am

    In This nation as stated before, there are alot of racism and bigotry that you must tackle, the evils in our nations because of hetersexual people but mostly hetersexual men, are vast, their evils from the past where you have had to fight racist hetersexual men for the rights of women to vote time and time again with civil rights leaders and finally womens rights emerged but you still have to have national task forces on top of the republican party, because they are still trying to harm womens rights even today because of their history of southern demons, you then had to fight along with abraham lincoln the same hetersexual men, for the rights of all minoriteis votes, and their rights in all areas, the evils of racism and bigotry goes way back soulth evils of hetersexual men they no they are evil a white pastor told me they where all demon possesed by satin himself and his demons, this was a hetesexual white male pastor , and said he would not defend men who where now monsters

  9. carrie baker 19 Nov 2011, 1:22am

    Hetersexual men have committed the most hannus crimes against everyone down thru history and is still doing so, even to thier own wives and children and yet , the hippocrites stand and sit on court where they should be in jalil themselves for hate crimes and many of the men including jugdes has already been arrested for rape, of women and children, and other real crimes not petty mess, these are people sitting on the court and thats why you are dealing with the constant battles that m;ust be fought until you root the bad one off of the bench and court seats, when a person does not use his or her human rights conscience , theiy tolerate anyting evil wrong and abusive because they themselves are not right they are evil and wicked, the time has been wasted fighting battles that any child would no is wrong, but bigotted court seats and oppointees, mess the system up until you tackle them as well, bad men are the root of every problem and they try and poison the rest of society

  10. carrie baker 19 Nov 2011, 1:29am

    People are dangers in the hetersexual world, who is killing millions of people everyday. the hetersexal people mostly men, who is rapping chidren and women every single day by the millions and murdering them and sex trafficking them , almost every single one of them are hetersexual men and some women, who has our nation in wars all the time becauseof racism and bigoty, hetersexuals mostly men, who is the ca;use of children suicides hetersexuual people, where is all of the pedephilia comming from and child incest, hettersexual people, who is the evil johns buying children to rape and molest, hetersexual men, who is the rot of our nation and is the only reason our nation is not safe from harm and in peace, hetersexual people, this is why you must continue to overhaul the system , last year hetesexual people asked that more gay people be elected because of the mess andf problems hetersexual officials and people has made of this naiton, its was placed in the ft worth paper, their sickning

  11. carrie baker 19 Nov 2011, 1:44am

    california , is guilty of hate crimes and bigotry abuses like some other countries, they are mostly , because of hetersexual republican hippocrites and the lack of backbone you have in mayors and governors in california, who should be standing like coumo and bloomberg and making history for being good people with the right focus on humanity and they go down in history as honorary people who fought for civil rights and the people like they where suppose to, california lacks the kind of mayor and governors who roll up their sleeves and sound off and get action taken on behalf of racism and other abuses anywhere, you have diane fiensten and nancy peoplosi and boxer down their in the district where are they, they should be down their in the court room on top of these abuses themselves, obama should have been down there and set it all right for human rights as well not many has had the back bone that coumo and bloomberg an their determination to , people are wicked and jelous of gay familis

  12. carrie baker 19 Nov 2011, 1:54am

    You must continue to go forth and get with the aclu and all the lgbt human rights forces sldn glbt lamda legal and judge virginias and other people who are honoray civil rights leaders who are not playing around with families lives with their thumb up their ass, they are taking action, the people need serious human right people, not a front, the people of california especially holly wood and other had better start taking more seriously the real issues on the table and stop just looking at you can fly to new york and get married that true and thats good , but you must get equal rights and human rights in every state because it is right to do so, racism and bigotry is wrong and evil and is unconstiutional on all counts, you looking at lunatics in the cour system up their saying and knowing racism and bigots are te cause of children committing suicede that s murder, lives innocent schildren , children bullied, and ab;used , by children and adults , families stalked by hetersexuals

  13. carrie baker 19 Nov 2011, 2:11am

    When you have a system who can solve probblems and stop suicides of children and bullying and fail to , it is because they are part of the problem and condone the evil hate crimes and care nothing for those children and no one else, but themselves, our system is full of evil people bad kid who grew up and are wicked adults who hurt other people just like they bullyied and hurt kids when they where in school, that why the nations people and families are going to have to pull together and fight together against all hate crimes and racism, the Aclu is the main one getting things done, not the officials who should have been standing all along, the people must get rid and stop electing bad officials, right now all of the republican candidates for president all public bigots and racists and out spoken about being racists and bigots, that means they are no good and abusers and will do bad things to try and harm masses of families and womens rights , this is not a game, bigots harm many

    1. Seriously, whatever is wrong with you Carrie, I’m beginning to no longer to care. Just f*** off.

      1. There is no hope for this woman/girl clearly. Over all the months she has posted her ridiculous rants, she STILL hasn’t learnt how to spell the word heterosexual.

  14. “For a change, shut up and accept that you cannot have it all your own way”

    No. We will get it our way.

    Tell me Keith, were you ever any fun before your ex-gay “conversion”? Did you drink excessively then too?

    1. Keith is probably uglier than the picture displayed against his name. What a pathetic individual who has nothing better to do but to persistently troll gay sites to spew his venom. He must be the perfect example of the failed ex-gay ministries of scam. Odd that he’d want to hang out on gay sites too. No straight male in his right mind would troll sites like this just to provoke. He thinks we’re so depraved which means he is to for coming here. Obviously he has some very serious issues and conflicts that remain unresolved. My advice, see a psychiatrist, fast. This is one sick individual.

      1. He thinks we’re so depraved which means he is too….I meant to have said.

  15. Can’t say I’m thrilled, but to some extent I agree with the decision. Because if it was the other way around, with gay rights activists wanting to defend a law that the Government chose not to, I’d want them to be able to.

    Therefore, I have to support it here.

  16. Spanner1960 19 Nov 2011, 4:15pm

    This is just yet more nit-pickibng legal technicalities pushed by the lawyers to make more money.

    All this “opportunity to fight the right to not defend the chance to appeal against the right not to defend the ban to stop people having a same sex marriage…”

    There are so many double negatives I am completely confused, as I imagine most people are.

    This is all just legalese bullsh|t.

  17. Just a minor point: It’s “appeal against” not “appeal”.

    You might be writing about the US but this is a UK site.

    Thank you.

  18. Keith – for someone with such a negative view of gay people you seem to spend an awful lot of your time hanging around here.

    1. Dr Robin Guthrie 20 Nov 2011, 3:49pm

      I would not worry about ths stalker / troll.

      Steps have been taken to remove it from this site and
      also incarcerate it due to its highly unsociable nature.

      It clearly does not want to live in a humane civil society given its hateful diatribes.

      Personally I think it should be given help in order to learn how to fit itself into its surroundings and social commentaries.

      Failing success on that, it should be removed from civil society given the danger it suggests.

      It is clearly is not yet cognisant with the danger it has taken on for itself and the lack of freedom it has induced in itself
      by continuing its current course.

      As I see it this Keith character no longer deserves any response or argument.

      I would not bother complaing to PinkNews as you can see where their interest lies via this URL:.

      I wonder how long it will take before they pull this comment???

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