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Doc Lightning
GOLD Member since May 2001

Doc Lightning

HOP Mad Doctor
Location: San Francisco, CA, USA

Total posts: 13920
Posted:http://www.cnn.com/2008/US/05/15/same.sex.marriage/index.html

 Written by : CNN

(CNN) -- The California Supreme Court struck down the state's ban on same-sex marriage Thursday, saying sexual orientation, like race or gender, "does not constitute a legitimate basis upon which to deny or withhold legal rights."

In a 4-3 120-page ruling issue, the justices wrote that "responsibly to care for and raise children does not depend upon the individual's sexual orientation."

"We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples," Chief Justice Ronald George wrote for the majority.

The ruling takes affect in 30 days. VideoWatch what the ruling means

Several gay and lesbian couples, along with the city of San Francisco and gay rights groups, filed a lawsuit saying they were victims of unlawful discrimination. A lower court ruled San Francisco acted unlawfully in issuing marriage licenses to same-sex couples.

The ruling surprised legal experts because the court has a reputation for being conservative. Six of its seven judges are Republican appointees.

San Francisco City Attorney Dennis Herrera said he is "profoundly grateful" for the decision and for the court's "eloquence" in its delivery.

"After four long years, we're very, very gratified," he said.

Shannon Minter, attorney for one of the plaintiffs in the case, the National Center for Lesbian Rights, called the ruling "a moment of pure happiness and joy for so many families in California."

"California sets the tone, and this will have a huge effect across the nation to bringing wider acceptance for gay and lesbian couples," he said.

Neil Giuliano, president of the Gay and Lesbian Alliance Against Defamation, issued a statement saying, "Today's ruling affirms that committed couples, gay and straight, should not be denied the duties, obligations and protections of marriage. ... This decision is a vital affirmation to countless California couples -- straight and gay -- who want to make and have made a lifelong commitment to take care of and be responsible for each other."

Groups opposing same-sex marriage also reacted strongly to the ruling.

"The California Supreme Court has engaged in the worst kind of judicial activism today, abandoning its role as an objective interpreter of the law and instead legislating from the bench," said Matt Barber, policy director for cultural issues for the group Concerned Women for America, in a written statement.

"So-called 'same-sex' marriage is counterfeit marriage. Marriage is, and has always been, between a man and a woman. We know that it's in the best interest of children to be raised with a mother and a father. To use children as guinea pigs in radical San Francisco-style social experimentation is deplorable."

The organization said that a constitutional marriage amendment should be placed on the November ballot and that national efforts should be made to generate a federal marriage amendment.

"The decision must be removed from the hands of judicial activists and returned to the rightful hands of the people," Barber said.

A constitutional amendment initiative specifying that marriage is only between a man and a woman is awaiting verification by the secretary of state's office after its sponsors said they had gathered enough signatures to place it on the statewide ballot. The parties cannot appeal to the U.S. Supreme Court, Herrera said, as federal courts do not have jurisdiction over the state laws. "This is the final say," he said.

In a dissenting opinion, Associate Justice Marvin Baxter wrote that although he agrees with some of the majority's conclusions, the court was overstepping its bounds in striking down the ban. Instead, he wrote, the issue should be left to the voters.

In 2004, San Francisco officials allowed gay couples in the city to wed, prompting a flood of applicants crowding the city hall clerk's office. The first couple to wed then was 80-year-old Phyllis Lyon and 83-year-old Dorothy Martin, lovers for 50 years.

"We have a right just like anyone else to get married to the person we want to get married to," Lyon said at the time.

San Francisco Mayor Gavin Newsom called the ruling a victory not just for the city "but for literally millions of people. ... What the court did is simply affirm their lives."

CNN's Ted Rowlands reported that "huge cheers" went up in San Francisco when the ruling was announced.

In California, a 2000 voter referendum banned same-sex marriage, but state lawmakers have made two efforts to allow gay and lesbian couples to wed. Republican Gov. Arnold Schwarzenegger vetoed both bills.

"I respect the court's decision and as governor, I will uphold its ruling," Schwarzenegger said in a statement issued Thursday. "Also, as I have said in the past, I will not support an amendment to the constitution that would overturn this state Supreme Court ruling."

Massachusetts legalized same-sex marriages in 2004, and gay couples need not be state residents there to wed.

New Hampshire, Vermont, New Jersey and Connecticut permit civil unions, and California has a domestic-partner registration law. More than a dozen other states give gay couples some legal rights, as do some other countries. Check the law in different states

"It's a throwaway line, but I think it's true: As California goes, so goes the rest of the nation," Newsom said. "And I don't think people should be paranoid about that. ... Look what happened in Massachusetts a number of years ago. Massachusetts is doing just fine. The state is doing wonderfully."

The state law in question in the case, which consolidated six cases, was the Defense of Marriage Act, Proposition 22. Oral arguments in March lasted more than three hours.

"There can be no doubt that extending the designation of marriage to same-sex couples, rather than denying it to all couples, is the equal protection remedy that is most consistent with our state's general legislative policy and preference," the ruling said.

"Accordingly, in light of the conclusions we reach concerning the constitutional questions brought to us for resolution, we determine that the language of Section 300 limiting the designation of marriage to a 'union between a man and a woman' is unconstitutional, and that the remaining statutory language must be understood as making the designation of marriage available to both opposite-sex and same-sex couples."

Newsom compared the ruling to the 1967 U.S. Supreme Court ruling in a Virginia case overturning that state's ban on interracial marriage.

"This is about civil marriage. This is about fundamental rights," he said.

The ruling may make the same-sex marriage issue more important in November elections.

Presumptive GOP presidential nominee Sen. John McCain supports "traditional" marriage but opposes a constitutional amendment banning same-sex marriage, saying individual states should decide the issue. He also backs some legal benefits for same-sex couples.

Democratic presidential candidates Sen. Barack Obama and Sen. Hillary Clinton both oppose same-sex marriage but support civil unions. They also oppose a constitutional ban.



Discuss. Meanwhile I'm celebrating! bounce


-Mike )'(
Certified Mad Doctor and HoP High Priest of Nutella

"A buckuht 'n a hooze!" -Valura

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Mucky
SILVER Member since Apr 2008

Mucky

Rum-Swilling Combustioneer
Location: Macungie, PA, USA

Total posts: 227
Posted:Don't know what to say except that it's about time! Just one of many of this country's faces still stuck in the past in many ways. And I think for the most part an example of something for which the "debate" essentially ended years ago but is still being fought against tooth and nail by a few very vocal people.

Bouncing Baby Pipe!

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ElectricBlue
GOLD Member since Feb 2002

ElectricBlue

Now with extra strawberries
Location: Canberra

Total posts: 810
Posted:Interesting read.

We have been going through simmilar tribulations here in canberra(australian capital teritory) australia. Our state government legalised(i don't know if that is the right word) gay marraige only to have the federal government overrule the decision. The really annoying part is that if we were a state not a teritory they would not be able to over rule.
Gah. It is horrible.

But it is good to see that it is getting better else where, maybey our fedrel government will listen up now.


I {Heart} hand me downs and spinning in the snow.<br /><br />

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Rouge Dragon
BRONZE Member since Jul 2003

Rouge Dragon

Insert Champagne Here
Location: without class distinction

Total posts: 13215
Posted:I read the first line and thought "about time!"

Did I need to read the rest of the article?


i would have changed ***** to phallus, and claire to petey Petey

Rougie: but that's what I'm doing here
Arnwyn: what letting me adjust myself in your room?..don't you dare quote that on HoP...

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CaffeinatedKatie
GOLD Member since Jan 2005

CaffeinatedKatie

Teacher, Dancer, Artist, and General Smartass
Location: Portland, OR

Total posts: 149
Posted:About time, indeed. There are a couple conservative comments in the article that are about how you would expect, but mostly positivity around the whole thing. Bummer about the Canberra attempt at it, Blueberry. Sorry to hear about that, I hope it comes up again with better results.

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KaelGotRice
GOLD Member since Jul 2003

KaelGotRice

Basu gasu bakuhatsu - because sometimes buses explode
Location: Angel's Landing, USA

Total posts: 1584
Posted:ohohohoho...

Watch the National Supreme Court try and mess with this shiznat. ubblol


To do: More Firedrums 08 video?
Wildfire/US East coast fire footage
LA/EDC glow/fire footage
Fresno fire

<img src="/ubbthreads/images/graemlins/ubbrollsmile.gif" alt="" />

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Doc Lightning
GOLD Member since May 2001

Doc Lightning

HOP Mad Doctor
Location: San Francisco, CA, USA

Total posts: 13920
Posted: Written by :KaelGotRice


Watch the National Supreme Court try and mess with this shiznat. ubblol



They can't. Now, just wait until a gay couple married in CA tries to exercise their rights in Louisiana or Arizona. devil


-Mike )'(
Certified Mad Doctor and HoP High Priest of Nutella

"A buckuht 'n a hooze!" -Valura

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Birgit
BRONZE Member since Jan 2005

Birgit

had her carpal tunnel surgery already thanks v much
Location: Edinburgh

Total posts: 4145
Posted:In a bit of a hurry, so only read the first paragraph and thought "yay" smile
Well, when you move there you can get married without having to go to a different state/country hug


"vices are like genitals - most are ugly to behold, and yet we find that our own are dear to us."
(G.W. Dahlquist)

Owner of Dragosani's left half

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pineapple pete
SILVER Member since Sep 2004

pineapple pete

water based
Location: melbourne

Total posts: 5125
Posted:read the whole thing (which i dont do very often when it comes to news wink ) but thats great news smile

hug


"you know there are no trophys for doing silly things in real life yeah pete?" said ant "you wont get a 'listened to ride of the valkyries all the way to vietnam' trophy"

*proud owner of the very cute fire_spinning_angel, birgit and neon shaolin*

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brainstorma
BRONZE Member since Jan 2003

brainstorma

old hand
Location: under the fairie wheel

Total posts: 1184
Posted:does this mean that me and petey can get married and adopt you as our love child doc??

"Life should NOT be a journey to the grave arriving safely in an attractive and well preserved body, but rather to skid in sideways, champagne in one hand, strawberries in the other, body thoroughly used up, and screaming "WOO-HOO What a ride!"

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Valura
SILVER Member since Apr 2002

Valura

Mumma Hen
Location: Brisbane, Australia

Total posts: 6391
Posted:Thats great news.

Now if only the rest of the world could be as forward thinking as that...

*Celebrates for all the beautiful gay couples out there*

ubblove


TAJ "boat mummy." VALURA "yes sweetie you went on a boat, was daddy there with you?" TAJ "no, but monkey on boat" VALURA "well then sweetie, Daddy WAS there with you"

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87wt2gxq7


87wt2gxq7

veteran
Location: Birmingham

Total posts: 1502
Posted:FANTASTIC NEWS! Go Cali! bounce2 bounce



Although I was slightly disappointed to see the line at the end,

 Written by

Democratic presidential candidates Sen. Barack Obama and Sen. Hillary Clinton both oppose same-sex marriage


The audacity to hope.... that same-sex marriages could happen all across america?


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jo_rhymes
SILVER Member since Apr 2005

jo_rhymes

Momma Bear
Location: Telford, Shrops

Total posts: 4525
Posted: Written by :87wt2gxq7


FANTASTIC NEWS! Go Cali! bounce2 bounce

The audacity to hope.... that same-sex marriages could happen all across america?



I don't see why not biggrin I once saw a man marry a donkey on Jerry Springer ubblol

come on America, we've had gay marriage for a while now, catch up with us Brits will you! you're SOOO behind the times! ubbrollsmile


Hoppers are angels who lift us to our feet when our wings have trouble remembering how to fly.

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87wt2gxq7


87wt2gxq7

veteran
Location: Birmingham

Total posts: 1502
Posted: Written by :jo_rhymes

I don't see why not biggrin I once saw a man marry a donkey on Jerry Springer ubblol


And I've seen a monkey become mayor of London over here! The brits keep on raising the bar, huh?
wink


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jo_rhymes
SILVER Member since Apr 2005

jo_rhymes

Momma Bear
Location: Telford, Shrops

Total posts: 4525
Posted:ubblol we sure do!

Hoppers are angels who lift us to our feet when our wings have trouble remembering how to fly.

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Doc Lightning
GOLD Member since May 2001

Doc Lightning

HOP Mad Doctor
Location: San Francisco, CA, USA

Total posts: 13920
Posted: Written by :brainstorma


does this mean that me and petey can get married and adopt you as our love child doc??



No, it means you and I can get married and petey is our lovechild.


-Mike )'(
Certified Mad Doctor and HoP High Priest of Nutella

"A buckuht 'n a hooze!" -Valura

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Doc Lightning
GOLD Member since May 2001

Doc Lightning

HOP Mad Doctor
Location: San Francisco, CA, USA

Total posts: 13920
Posted: Written by :87wt2gxq7


Although I was slightly disappointed to see the line at the end,

 Written by

Democratic presidential candidates Sen. Barack Obama and Sen. Hillary Clinton both oppose same-sex marriage






I've heard Hillary expound on this and actually I agree with her true views. It's just that for political reasons she has to word it that way.

Hillary is opposed to government-sponsored marriage period. She feels that any couple should only be entitled to a domestic partnership. A domestic partnership, whether gay or straight, would apply to all couples with the same rights.

If they want to get "married" they can do it in a church or wherever else they like, but the government would recognize no such entity as "marriage."


-Mike )'(
Certified Mad Doctor and HoP High Priest of Nutella

"A buckuht 'n a hooze!" -Valura

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0ni


0ni

member
Location: Connecticut

Total posts: 59
Posted:i think that legally a "domestic partnership" and "marriage" mean two different things don't they? different things are offered to you by the government
thinking more specifically, tax liability and stuff.

i think if you get into "marriage" versus "partnership", that brings up the question of separation of church and state, and the specific individual interpretation of the word "marriage"......some people think it means announcing your partnership in front of god or some stuff, some people think it means extra money for a few years before the divorce wink

they would have to change an awful lot of paperwork if they get rid of the idea of "marriage" from the government!

the more i think about it, the more i think that she is kind of on to something with that viewpoint...!

and congrats for all-couple marriage in california ^^ now we gotta find you a nice strong husband doc


DEAD FREEDOM
if you've forgotten how to scream, then scream here and live here

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Doc Lightning
GOLD Member since May 2001

Doc Lightning

HOP Mad Doctor
Location: San Francisco, CA, USA

Total posts: 13920
Posted: Written by :87wt2gxq7


And I've seen a monkey become mayor of London over here! The brits keep on raising the bar, huh?
wink



We're way ahead of you with monkeys in political office:


Non-Https Image Link


-Mike )'(
Certified Mad Doctor and HoP High Priest of Nutella

"A buckuht 'n a hooze!" -Valura

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fanged_angel
BRONZE Member since Jul 2007

fanged_angel

poiromaniac
Location: liverpool, uk

Total posts: 162
Posted:ubblol at docs post smile

how can somebody really justify calling it "the land of the free" if millions of men and women cant show their love the same as everyone else, but maybe thats just me iv had a ranty day today biggrin


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Birgit
BRONZE Member since Jan 2005

Birgit

had her carpal tunnel surgery already thanks v much
Location: Edinburgh

Total posts: 4145
Posted:At least it goes to show that neither the UK nor the USA are speciist.

"vices are like genitals - most are ugly to behold, and yet we find that our own are dear to us."
(G.W. Dahlquist)

Owner of Dragosani's left half

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fanged_angel
BRONZE Member since Jul 2007

fanged_angel

poiromaniac
Location: liverpool, uk

Total posts: 162
Posted:true i spose some 40 or 50 years ago gay marriage would have caused outrage in just about every country there is but its good to see society in general is getting more accepting

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Stout
SILVER Member since May 2004

Stout

Pooh-Bah
Location: Canada

Total posts: 1872
Posted:Ok I give up, teh google fails me.....what does speciist mean. is it he same as hegemony ?

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JaqueDark
BRONZE Member since Mar 2008

journeyman
Location: Liverpool England

Total posts: 55
Posted:Hm

Yes we've come a long way in terms of gay marriage and gay adoption but there's still homophobia and hate crime. Dare I bring it up but that ridiculously stupid site Godhatesfags. I feel so sorry for people who are just so close minded that they close themselves off from expanding their circle of friends just because a person might be gay.
It used to be because people had different coloured skin... that's accepted now but only barely. I've seen some pretty nasty things round where I live in Liverpool and Bootle and it's downright disgusting. I've seen swastikas spray painted for Pro-Natzi groups. It's downright awful... but uhhh yeah congrats on the Gay marriage thing. If someone's finally getting it right then the rest should follow! biggrin

JD


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