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lawrocket

California Supreme Court Holds that Gay Marriage must be Allowed under the California Constitution

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Link to the decision - 176 pages.
http://www.courtinfo.ca.gov/opinions/documents/S147999.PDF

Edited to add a simplification: California cannot deny same sex couples the right to "marry."

Quote

We therefore conclude that although the provisions of the current domestic partnership legislation afford same-sex couples most of the substantive elements embodied in the constitutional right to marry, the current California statutes nonetheless must be viewed as potentially impinging
upon a same-sex couple’s constitutional right to marry under the California Constitution.



From a Constitutional standpoint, what I think is MOST important:
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we conclude that strict scrutiny nonetheless is applicable here because (1) the statutes in question
properly must be understood as classifying or discriminating on the basis of sexual orientation, a characteristic that we conclude represents — like gender, race, and religion —a constitutionally suspect basis upon which to impose differential treatment, and (2) the differential treatment at issue impinges upon a same-sex couple’s fundamental interest in having their family relationship accorded the same respect and dignity enjoyed by an opposite-sex couple.

Under the strict scrutiny standard, unlike the rational basis standard, in order to demonstrate the constitutional validity of a challenged statutory classification the state must establish (1) that the state interest intended to be served by the differential treatment not only is a constitutionally legitimate interest, but is a compelling state interest, and (2) that the differential treatment not only is reasonably related to but is necessary to serve that compelling state interest.



So, what the court did was say that under the California Constitution, sexual to be treated under the law like race. No law can discriminate against a gay or lesbian in California.

I've only made it through about 30 pages. But this is HUGE. The court seems to destroy the "Domestic Partnership" laws and say that gays and lesbians are entitled to marriage.

Wow. I salute the California Supreme Court from a political point.

I'll have to read the opinion more fully, though, before I can form a conclusion about whether the court did so in an activist fashion.

Edited to add the final word:

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"[W]e determine that the language of [Family Code] section 300 limiting the designation of marriage to a union 'between a man and a woman' is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples. In addition, because the limitation of marriage to opposite-sex couples imposed by [Family Code] section 308.5 can have no constitutionally permissible effect in light of the constitutional conclusions set forth in this opinion, that provision cannot stand."




My wife is hotter than your wife.

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in the long run, this is a done deal. In another 5 or 20 years, gay marriage will be legal in the country.

but in the short run, this decision will cause quite the shit storm, like Rose Bird a long time back.

The political future of Gavin Newsome stays bright.

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>In another 5 or 20 years, gay marriage will be legal in the country.

Agreed. I think that our experience with gay marriages in Massachusetts, and now California, will put to rest the last myth propagated by marriage foes - "it will destroy the family." Once gays are able to marry freely, and society does not collapse, that argument will collapse of its own weight.

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Let me make this very clear: I'm all for gay marriage. If we have to get married, they have to get married. They've been getting a free ride, way too long!


-- Tom Arnold.
"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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I've got an idea:

Exclude the government from the marriage business entirely.

As for things where the government needs to be concerned, like visitation rights, inheritance, living wills, etc etc, here is my proposal: When you turn 18 you are allowed to assign one "legal associate".

Before you get married that person could be a parent, or a sibling, or a close friend, or whatever you choose. That person gets all the rights/associations to those things in which the government needs to be concerned.

In this way the government is out of the marriage business entirely & is only concerned with the mundane legal affairs.

So the government would no longer be in a position to say yes or no to gay marriage.

Government should not be our spiritual leader.


so what do you all think? would this work? can you add any modifications that would make it work better?
Speed Racer
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>so what do you all think? would this work?

I'd be all for that.

When we got married in NY, we visited town hall to get a 'marriage license' that was valid once signed by the priest. Have exactly the same process, just separate the two events. Go to town hall, get a "civil union" license and you are united in the eyes of the law. Then go to your favorite church and get married however you like.

Or do it in the opposite order if you like. Or get married in a church but don't legalize it. Or get a legal union and don't get married.

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Have exactly the same process, just separate the two events. Go to town hall, get a "civil union" license and you are united in the eyes of the law. Then go to your favorite church and get married however you like.



Why is the wording important? Either go get a legal marriage, go get a church marriage, or get both. What is changed by calling it a "civil union" instead of a "marriage"?

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Another sad day for those who value morals....

We might as well expand the definition of marriage to include animals, small children, and multiple spouses.
(c)2010 Vertical Visions. No unauthorized duplication permitted. <==For the media only

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Great! I'll soon be able to marry that goat I've had my eye on. Make that several goats. No, no, no, make that several under aged goats. Slippery slope don't ya know.



Comparing same-sex marriage to beastiality is pretty lame. And it's getting pretty old too. :S

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I for one do not see anything wrong with it. In fact I see it as progress. First it was women. Then it was black people as well as other non-whites. And now its the gays. I mean come on....are they really THAT scary?

Just don't jump RW with me on freefly jumps just yet. ;)

Training to become a good flatflyer (just had my first 49-way two weeks ago), means my freefly suffers.

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Training to become a good flatflyer (just had my first 49-way two weeks ago), means my freefly suffers.



disagree, body flying is body flying, any chance to excel in one helps skills progression in the other freefall disciplines - as long as one is aware of "how" they are moving the flow during practice and not just striking a body position and blindly allowing it to fly you

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

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I for one do not see anything wrong with it. In fact I see it as progress. First it was women. Then it was black people as well as other non-whites. And now its the gays. I mean come on....are they really THAT scary?



Where do homosexuals get all their energy? You don't know. I don't know. And that is scary. :D
"That looks dangerous." Leopold Stotch

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Another sad day for those who value morals....

We might as well expand the definition of marriage to include animals, small children, and multiple spouses.



Well said.
The most terrifying words in the English language are: I'm from the government and I'm here to help.

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