General Discussion
In reply to the discussion: My post on a Yahoo! news story "Many blacks shrug off Obama's new view on gays" [View all]johnlucas
(1,250 posts)States don't have absolute power. When they pass laws not in line with the United States Constitution, they can be overturned, right?
Discrimination against sexual orientation?
I wasn't talking about the state's constitution, I was talking about the nation's constitution.
The Federal will overturn this. That's why Obama strategically "evolved" publicly.
When the President of the United States plainly says that gays have the right to marry, changes are coming.
This won't last long & bigots against gays are about to lose this fight.
Yeah this version of the U.S. Supreme Court with its "conservative" leaning is suspect.
But let one of those conservatives step down, Obama will appoint a non-conservative in that one's place.
Wait a minute, Wikipedia time...
California Proposition 8
http://en.wikipedia.org/wiki/California_Proposition_8
By restricting the recognition of marriage to opposite-sex couples, the proposition overturned the California Supreme Court's ruling of In re Marriage Cases that same-sex couples have a constitutional right to marry. The wording of Proposition 8 was precisely the same as that which had been found in Proposition 22, which had passed in 2000 and, as an ordinary statute, had been invalidated by the State Supreme Court in 2008. California's State Constitution put Proposition 8 into immediate effect the day after the election.[5] The proposition did not affect domestic partnerships in California,[6] nor same-sex marriages performed before November 5, 2008.[7][8][9]
........................
United States District Court Judge Vaughn R. Walker overturned Proposition 8 on August 4, 2010 in the case Perry v. Schwarzenegger, ruling that it violated both the Due Process and Equal Protection clauses of the United States Constitution.[11] Walker issued an injunction against enforcing Proposition 8 and a stay to determine suspension of his ruling pending appeal.[12][13] The Ninth Circuit Court of Appeals continued the stay, keeping Walker's ruling on hold pending appeal.[14]
On February 7, 2012, in a 21 decision, a Ninth Circuit Court of Appeals panel affirmed Walker's decision declaring the Proposition 8 ban on same-sex marriage to be unconstitutional.[15] The panel also unanimously affirmed Judge Ware's holding that Walker was not obligated to recuse himself from the case because he is gay.[16] Still, the panel continued a stay on the ruling, barring any marriages from taking place pending further appeals.[17]
There's going to be a judge in North Carolina who will make the same judgment ESPECIALLY now that it has precedent.
All you need is one judge. Make the case & overturn this bullshit law. They'll bring back Jim Crow if you let 'em.
John Lucas