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Post by devilschaplain2 on Jan 7, 2010 0:44:55 GMT -5
The trial of Perry v. Schwarzenegger is fast approaching. On January 11th (next Monday) former Bush v. Gore rivals Ted Olson and David Boies will make their case that California's Proposition 8 violates our Constitution's Fourteenth Amendment, and reduces gays and lesbians to the status of second-class citizens. The duo further claim that Prop 8 was created and passed only due to anti-gay animus and that anything less than civil marriage is separate-but-unequal. Of course it gets better. Judge Vaughn R. Walker, a Bush Sr. appointee, refused to dismiss the case and, in fact, stated that he would tackle the most pressing constitutional issues regarding gay rights such as:
*Is homosexuality a choice or an immutable characteristic?
*Was Prop 8 the result of hatred for a particular class in America?
*Are gays and lesbians a politically powerless group?
*Has there been a history of discrimination against gays and lesbians?
*What harm do gay marriages have on straight marriages?
This is it, folks. The big gay marriage case. If this makes it to the Supreme Court and they side with us, it would render all gay marriage bans in the country unconstitutional. It's the Loving v. Virginia of gay rights. Of course, that's assuming the Supreme Court hears the case in the first place. But if they do hear it, it should be noted that the Supreme Court has been progressing toward the side of gay rights over the past couple of decades. And at the very least, Judge Walker seems rational and intelligent, so I say there's a strong possibility we'll hear good news from the District Court. So, while I suggest we don't count our chickens before they hatch, I will remain cautiously optimistic about this.
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Post by ironbite on Jan 7, 2010 0:47:15 GMT -5
Call me when it hits the Supreme Court.
Ironbite-this will be an uphill fight though.
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Post by Tiger on Jan 7, 2010 0:58:50 GMT -5
Who wants popcorn?
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Post by devilschaplain2 on Jan 7, 2010 1:08:06 GMT -5
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Post by Tiger on Jan 7, 2010 1:14:02 GMT -5
I actually just discovered that while researching the case. That sounds like a fantastic resource. Only problem is that I don't have time to watch several hours of court proceedings in order to catch up on what's going on with the trial.
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Post by devilschaplain2 on Jan 7, 2010 1:15:52 GMT -5
I actually just discovered that while researching the case. That sounds like a fantastic resource. Only problem is that I don't have time to watch several hours of court proceedings in order to catch up on what's going on with the trial. Yeah, that's true, but if it's filmed, someone will transcribe it I'm sure. And, we'll get to see the fundies' lawyer squirm when he can't answer questions about the harm that comes from gay marriage. |
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Post by kristine on Jan 7, 2010 2:34:20 GMT -5
I actually just discovered that while researching the case. That sounds like a fantastic resource. Only problem is that I don't have time to watch several hours of court proceedings in order to catch up on what's going on with the trial. Yeah, that's true, but if it's filmed, someone will transcribe it I'm sure. And, we'll get to see the fundies' lawyer squirm when he can't answer questions about the harm that comes from gay marriage. No, they will just do the usual dance in circles around what might happen, (slippery slope arguments...If gay marriage, then polygamy) pontificate, (this is a Christian nation!) and minimize, (they aren't the majority and this isn't what the majority wants soooo...) if they actually come up with a unique argument - let me know. |
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Post by dasfuchs on Jan 7, 2010 4:47:01 GMT -5
Oh, now i'm in for throwing a nation wide celebration when a Bush appointed judge agrees the religious bullshit is religious bullshit
the outcom in fundieland will be fun to watch though
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Post by Random Guy on Jan 7, 2010 13:09:18 GMT -5
Also, consider the sheer number of mainpage-worthy WHARRGARBL quotes that will ensue if/when gay marriage bans are declared unconstitutional.
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Post by Tiger on Jan 7, 2010 14:22:10 GMT -5
Also, consider the sheer number of mainpage-worthy WHARRGARBL quotes that will ensue if/when gay marriage bans are declared unconstitutional. It will be a shitstorm of epic proportions. And I will enjoy every second of it. |
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Post by MaybeNever on Jan 7, 2010 14:23:17 GMT -5
As excited as I'd like to get, my sense is that this is going to fail somewhere. I really hope that that's wrong.
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Post by wackadoodle on Jan 7, 2010 14:39:06 GMT -5
Am I ther only one who doesn't want this to go to the supreme court? At least wait until that homphobic bigot, er, 'constitutional originalist' Scalia and his buddies are gone first.
On another related subject have you ever seen someone who wasn't a pathetic bigot called an 'originalist'? I swear it's just the opposite of 'activist judge', if a judge points out how stupid and pathetic their bigotry is he's an 'activist' changing the law to suit his whims. If a judge sides with the bigots he's an 'originalist' because obviously if agrees with them he must be interpreting the constitution exactly as it was originally meant.
They always try to come up with some other BS definition but that ^ sums up the reasoning behind every single person I've ever seen use the phrases 'activist judge' or 'originalist'
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Post by devilschaplain2 on Jan 7, 2010 15:54:50 GMT -5
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Post by devilschaplain2 on Jan 7, 2010 16:41:48 GMT -5
UPDATE: Fuck, we lost 14-20 in NJ.
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Post by Tiger on Jan 7, 2010 16:53:52 GMT -5
Am I ther only one who doesn't want this to go to the supreme court? At least wait until that homphobic bigot, er, 'constitutional originalist' Scalia and his buddies are gone first. That's three years away at minimum, since he's not going to retire with Obama still in office. And if that happens, another bigot would just get appointed in his place. I think we're better off pushing this through now. By the time we have a liberal enough Supreme Court to guarantee that this passes, the nation will have tipped overwhelmingly in favor of gay marriage anyway. UPDATE: Fuck, we lost 14-20 in NJ. Bastards. |
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