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If the CA Court Decision Upholds Prop8, and the 18,000 Marriages,

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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 07:28 AM
Original message
If the CA Court Decision Upholds Prop8, and the 18,000 Marriages,
would that open the door for non-married gay couples in CA to challenge the marriage prohibition on equal protection grounds? I think that is the argument anyway, but having 18,000 gay couples and hundreds of thousands of straight couples be given what would then be denied seems to strengthen the case.

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billyoc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 07:33 AM
Response to Original message
1. I think so, and I think that's one of the reasons that the SC will kill 8.
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 07:35 AM
Response to Reply #1
2. Anything other than killing Prop8 puts them in the position
to have to revisit it again, which courts don't like to do. I hope you are right.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 09:23 AM
Response to Reply #1
4. Lots of things that have been banned have been grandfathered and remained unavailable to newbies
Edited on Tue May-26-09 09:34 AM by slackmaster
If non-married same-sex couples could make such a claim, so could people who would like to own a .50 BMG rifle but didn't buy one before they were banned in California.

Here's mine:

http://members.cox.net/slack/images/AR-50_+_slack.jpg

I would like to see someone pursue same-sex couples' right to marriage on that basis. It would set the stage to tear down all kinds of pointless restrictions in California. I don't have a problem with registration of certain kinds of weapons in California, but making them unavailable to people who are willing to submit to a background check and register them when others such as myself have been allowed to do so, is fundamentally unfair.

Same-sex couples have a right to marry. Their right has been infringed.
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msongs Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 09:15 AM
Response to Original message
3. so if democracy overrules all, let's put forth a ban on mormons getting married nt
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lies and propaganda Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 10:01 AM
Response to Original message
5. Think of the money the state could be making
and were broke as shit, about to close AIDS facilities, firing teachers and state employees... Yet we cant have one more fucking gov service that could bring a SHITTON of money into our state.

Dumb as shit. a religious group from another states gets to dictate my life.. *headesk
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 10:04 AM
Response to Reply #5
6. Niederauer invited them here.
His whole thing was to avoid being seen as the main opponent of gay marriage and he did it. Before he was Arch Bishop here, he worked in Salt Lake.
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Neecy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-26-09 10:07 AM
Response to Original message
7. it's a good question
It would be creating two classes of people with different rights, and it'll be interesting to see how the Court addresses that issue.
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