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SCOTUS Punts On California Prop 8 Decision

Ontologuy

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Supreme Court strikes federal marriage provision
was a technical legal ruling that said nothing at all about same-sex marriage, but left in place a trial court's declaration that California's Proposition 8 is unconstitutional. The high court said nothing about the validity of gay marriage bans in California and roughly three dozen other states. The outcome was not along ideological lines
So the poorly constructed argument of the pro- Prop 8 attorney(s) failed, as it should have, as it said nothing about the oxymoronic violation of common sense that Prop 8 attempted to correct.

Thus the last word has hardly been said in the matter.

Interesting in the matter .. when Prop 8 was challenged via law suit, it fell to the California attorney general to defend Prop 8. But, the attorney general at the time flat out refused to put forth any effort, let alone his best effort, to defend Prop 8. Why? Because he disagreed philosophically with it.

Thus he shold have been fired on the spot for refusal to do his job he was elected to do.

Instead .. a majority of Californians elected him governor, Governor Jerry Brown.

Only in California .. the craziest most ideological place on earth!
 

davidtaylorjr

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Supreme Court strikes federal marriage provision
So the poorly constructed argument of the pro- Prop 8 attorney(s) failed, as it should have, as it said nothing about the oxymoronic violation of common sense that Prop 8 attempted to correct.

Thus the last word has hardly been said in the matter.

Interesting in the matter .. when Prop 8 was challenged via law suit, it fell to the California attorney general to defend Prop 8. But, the attorney general at the time flat out refused to put forth any effort, let alone his best effort, to defend Prop 8. Why? Because he disagreed philosophically with it.

Thus he shold have been fired on the spot for refusal to do his job he was elected to do.

Instead .. a majority of Californians elected him governor, Governor Jerry Brown.

Only in California .. the craziest most ideological place on earth!
So true.
 

Gimmesometruth

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The high court said nothing about the validity of gay marriage bans in California and roughly three dozen other states.
You really shouldn't rely on lousy, incorrect Yahoo articles, the SC did in fact find that the ban on gay marriage in CA was unconstitutional, agreeing with Judge Walker.

As far as whether Brown or subsequently Harris had to defend the voter initiated proposition, I do not believe they are required to spend the states time defending a law they view as unconstitutional.
 

YoungConserv

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So was it the proposition style ban that got struck down or did it strike down all state bans?
 

Gimmesometruth

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So was it the proposition style ban that got struck down or did it strike down all state bans?
Neither, it was an upholding of Judge Walker's findings, the Prop 8 ban was unconstitutional.

It was not a "punt" at all.
 

clownboy

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You really shouldn't rely on lousy, incorrect Yahoo articles, the SC did in fact find that the ban on gay marriage in CA was unconstitutional, agreeing with Judge Walker.
No, they did not. They ruled that the pro side did not have standing to bring the case - thus allowing to stand the 9th's ruling against Prop 8. They noted that since the state itself would not defend prop 8 before the court it was a done deal.
 

Masada

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On a sad note, when Democracy spoke, no one was listening.

Gay marriage has been rejected by the vote everywhere. If via courts and activism is the way we intend this country to be governed, prepare yourselves, because gay marriage will be the least of our worries as citizens of a democratic republic.
 
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