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Same-sex marriage ban ruled unconstitutional

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Clarkie1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-14-05 08:33 PM
Original message
Same-sex marriage ban ruled unconstitutional
Edited on Mon Mar-14-05 08:42 PM by Clarkie1
Brilliant legal reasoning on this one! This is a FEDERAL case that is cited in ruling California's ban on same-sex marriage UNCONSTITUTIONAL.

"The idea that marriage-like rights without marriage is adequate smacks of a concept long rejected by the courts: separate but equal. In Brown v. Board of Education of Topeka, et al. (1952) 347 U.S. 483, 494, the Court recognized that the provision of separate but equal educational opportunities to racial minorities "generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone." Such logic is equally applicable to the State's structure granting substantial marriage rights but no marriage and is thus a further indication that there is no rational basis for denying marriage to the same-sex couples."

Complete decision here:

http://www.sftc.org/Docs/marriage.pdf

"If you can do good, you should" - Wes Clark
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Rosco T. Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-14-05 08:38 PM
Response to Original message
1. Now the freeps will say this is a reason to end desegeration also... n/m
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NickofTime Donating Member (102 posts) Send PM | Profile | Ignore Mon Mar-14-05 08:56 PM
Response to Original message
2. Gay Marriage is a Keystone of Equality for All
All real Democrats need to support gay marriage. It's a simple matter of equality for all.
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arewenotdemo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-14-05 09:03 PM
Response to Original message
3. Thank gawd for some judges
and Fuck YOU Schwarzenegger, you fucking Nazi.
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Clarkie1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-14-05 10:01 PM
Response to Reply #3
4. Interesting, the judge in this case was a Republican.
Appointed by Pete Wilson, a Republican governor.
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arewenotdemo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-14-05 11:04 PM
Response to Reply #4
5. Great to see
Edited on Mon Mar-14-05 11:19 PM by arewenotdemo
And such a statement!

"The state's protracted denial of equal protection cannot be justified simply because such constitutional violation has become traditional," Kramer wrote.

Let's not let anyone forget which side of this issue they were on.

That includes the pseudo "social moderate" Schwarzenegger, who instructed the state AG to file against the SF weddings.
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knight_of_the_star Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 12:18 AM
Response to Original message
6. Hasn't hit the California SC yet
When it gets through and nails itself to the wall there, then it will be something to talk about.
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mikelewis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 12:21 AM
Response to Original message
7. If this is a federal case then isn't gay marriage now legal in the U.S.?
LOLOLOLOL HAHAHAHAHAHAHAAHAHAH!!!!!!!!!!!!!!!!!!!!!!!!

Oh, that's rich.


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