1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

California gay-rights group won't seek repeal of Prop. 8 in 2012

Discussion in 'Current Events, World News, & LGBT News' started by Dan82, Oct 6, 2011.

  1. Dan82

    Full Member

    Joined:
    Dec 12, 2009
    Messages:
    4,754
    Likes Received:
    0
    Location:
    Chicago IL
    http://www.fresnobee.com/2011/10/05/2565411/capitol-alert-california-gay-rights.html


     
  2. NickT

    Full Member

    Joined:
    Sep 6, 2009
    Messages:
    567
    Likes Received:
    0
    Location:
    Kentucky
    Where is Prop 8 currently in the courts? It's taken so long...
     
  3. Revan

    Full Member

    Joined:
    Jun 22, 2005
    Messages:
    7,850
    Likes Received:
    34
    Location:
    Canada
    Gender:
    Male
    Gender Pronoun:
    He
    Sexual Orientation:
    Gay
    Out Status:
    Out to everyone
    Nowhere -_-
     
  4. Chip

    Board Member Admin Team Advisor Full Member

    Joined:
    May 9, 2008
    Messages:
    16,551
    Likes Received:
    4,750
    Location:
    northern CA
    Gender:
    Male
    Gender Pronoun:
    He
    Sexual Orientation:
    Gay
    Out Status:
    Out to everyone
    Last I heard, we were waiting for the California Supremes to decide if the dumbass bigots from the ProtectMarriage group (the Mormons and ultra-right-wing Christians) had standing to defend the anti-Prop 8 lawsuit, since the state's representatives (Governor and Attorney General) both said they thought it was unconstitutional and weren't going to defend it.

    If the Supremes decide that the bigots have standing to defend the case, then the case gets heard at the appellate level, and regardless of that outcome, it will then go to the US Supreme Court. If the Supremes decide the bigots don't have standing to defend the case, then, effectively, the case is won by the group seeking to overturn Prop 8, and gay marriage is again legal in California.

    So if the bigots don't have standing, California gets gay marriage back, but there's no precedent at the federal level. If the bigots do have standing, it will go to the US Supremes, and if they decide to take the case, whatever they decide would have precedent across the country, potentially making gay marriage legal throughout the country, or making it illegal throughout the country.

    The attorneys handling the case for the pro-repeal group are extremely experienced constitutional law people and they believe it is highly likely that the Supremes will side with overturning Prop 8, and that there's no way, constitutionally, not to overturn it. But we still have several complete losers on the Supremes who've made some of the most terrible decisions on record, so it's unclear whether they will vote with their backwards ideology, or whether they will actually follow the Constitution.
     
  5. Emberstone

    Full Member

    Joined:
    May 26, 2008
    Messages:
    6,680
    Likes Received:
    1
    Location:
    Oregon, USA
    prop8 has been deemed unconstitutional, the ruling has been upheld as valid by a higher standard in the district 9 court, and currently, until a more final ruling is made (which depends on the issue of standing for the anti-gay forces), the original ruling is held as valid, but also stayed, meaning until everything is sorted out, marriages are on hold.

    The price we pay for slow judicial progress is that this way, no stone is left unturned, and ruling can be made more waterproof and hard to reverse. Also, voting in a democratic process does not allow of precedence, but legal cases do, which will make it harder for anti-gay forces in other places to make illegal gay marriage.