Author Topic: Prop 8 Decision  (Read 1677 times)

Offline dsnation

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Prop 8 Decision
« on: February 07, 2012, 01:54 pm »
http://big.assets.huffingtonpost.com/Prop8.pdf

Quick read/skim: The Ninth Circuit held that Prop 8 was unconstitutional on the grounds that removing same-sex marriage rights once they are established violates the Equal Protection Clause of the 14th Amendment.  [It's actually a pretty narrow holding that is likely to be reported as much broader].  The panel didn't reach the broader question of whether bans on SSM are unconstitutional. 

I'm sure this will be appealed.  Since there appears to be a partial dissent, en banc review before the whole Ninth Circuit is possible, as is an appeal to the US Supreme Court.  My gut tells me that both are likely to fail and that this is the end of the issue in California.

Thoughts and reactions?

Offline The Lord of the Jungle

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Re: Prop 8 Decision
« Reply #1 on: February 07, 2012, 02:06 pm »
Frank Bruni had a piece today in the NYT, about the corporate embrace of SSM.  I think these things are going to get easier and easier state by state. Cali seems to me to be the last real hurrah. Of course, I reckon the next challenge will be whether or not bass-ackwards states like GA will have to recognize those marriages. Should make for some fun political discourse over the next decade in GA.

Online mellamur

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Re: Prop 8 Decision
« Reply #2 on: February 07, 2012, 02:47 pm »
If all the old people currently if office would die or retire I'm pretty sure this would become a non-issue.

Online Drayvin

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Re: Prop 8 Decision
« Reply #3 on: February 07, 2012, 03:09 pm »
If all the old people currently if office would die or retire I'm pretty sure this would become a non-issue.

If only more people would vote so we could get some of these yahoo's out office......

Offline LT

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Re: Prop 8 Decision
« Reply #4 on: February 07, 2012, 03:59 pm »
Some people haven't realized that gay marriage doesn't affect their daily routine :([

Offline Hollywood, Esq.

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Re: Prop 8 Decision
« Reply #5 on: February 07, 2012, 04:30 pm »
Cali seems to me to be the last real hurrah. Of course, I reckon the next challenge will be whether or not bass-ackwards states like GA will have to recognize those marriages. Should make for some fun political discourse over the next decade in GA.

An extraordinarily disappointing ruling in my opinion -- and as dsnation points out, the initial reactions seem to be glossing over that (even the right-wing opposition) treating it as being much broader than it actually is.  But certainly not a bad thing that when resolved it all but guarantees a return of SSM to California only.

I think this case has been derailed as the vehicle to obtain SSM at SCOTUS; it will be appealed, but I'd guess it's denied cert (affirming) or affirmed without comment and Ninth Circuit ruling stands.

Next up are the DOMA cases -- decisions on those are due anytime now in the 1st and 3rd circuits -- potentially more explosive in how they may impact federal recognition of same-sex marriage in states where adopted.

But, LOTJ, if you're gay, like me -- well I fundamentally have a problem with my basic civil rights being a political hot-potato for the next 10 years.  As part of a bi-national couple, this directly impacts me and is the reason I'll be moving permanently to Spain in all likelihood.

Offline LT

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Re: Prop 8 Decision
« Reply #6 on: February 07, 2012, 07:51 pm »
Frank Bruni had a piece today in the NYT, about the corporate embrace of SSM.  I think these things are going to get easier and easier state by state. Cali seems to me to be the last real hurrah. Of course, I reckon the next challenge will be whether or not bass-ackwards states like GA will have to recognize those marriages. Should make for some fun political discourse over the next decade in GA.
I'm gonna guess that most of the push back for gay marriage comes from religious fanatics :([ and some of it from the insurance biz behind the scenes. Insurance companies would then be forced to extend the same benefits for gay couples which inturn means they lose $$. All of the benefit packages where ever I've worked have had cheaper rates for married couples as compared to single people.

Online insan0

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Re: Prop 8 Decision
« Reply #7 on: February 07, 2012, 09:55 pm »
Frank Bruni had a piece today in the NYT, about the corporate embrace of SSM.  I think these things are going to get easier and easier state by state. Cali seems to me to be the last real hurrah. Of course, I reckon the next challenge will be whether or not bass-ackwards states like GA will have to recognize those marriages. Should make for some fun political discourse over the next decade in GA.
I'm gonna guess that most of the push back for gay marriage comes from religious fanatics :([ and some of it from the insurance biz behind the scenes. Insurance companies would then be forced to extend the same benefits for gay couples which inturn means they lose $$. All of the benefit packages where ever I've worked have had cheaper rates for married couples as compared to single people.

Everywhere I've worked for years provided benefits for 'domestic partners' so the insurance co's have already been dealing with it for years even without SSM.  And I don't think it's just religious fanatics.  I'd put a good many religious moderates, rural people and right wingers (regardless of whatever religiosity they portray) as opposed also.
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Offline The Lord of the Jungle

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Re: Prop 8 Decision
« Reply #8 on: February 07, 2012, 10:08 pm »
Cali seems to me to be the last real hurrah. Of course, I reckon the next challenge will be whether or not bass-ackwards states like GA will have to recognize those marriages. Should make for some fun political discourse over the next decade in GA.

An extraordinarily disappointing ruling in my opinion -- and as dsnation points out, the initial reactions seem to be glossing over that (even the right-wing opposition) treating it as being much broader than it actually is.  But certainly not a bad thing that when resolved it all but guarantees a return of SSM to California only.

I think this case has been derailed as the vehicle to obtain SSM at SCOTUS; it will be appealed, but I'd guess it's denied cert (affirming) or affirmed without comment and Ninth Circuit ruling stands.

Next up are the DOMA cases -- decisions on those are due anytime now in the 1st and 3rd circuits -- potentially more explosive in how they may impact federal recognition of same-sex marriage in states where adopted.

But, LOTJ, if you're gay, like me -- well I fundamentally have a problem with my basic civil rights being a political hot-potato for the next 10 years.  As part of a bi-national couple, this directly impacts me and is the reason I'll be moving permanently to Spain in all likelihood.


Well, if we can defund medicare and SSI, we could hasten the demise of the reticent demographic.

Offline LT

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Re: Prop 8 Decision
« Reply #9 on: February 07, 2012, 10:21 pm »
Frank Bruni had a piece today in the NYT, about the corporate embrace of SSM.  I think these things are going to get easier and easier state by state. Cali seems to me to be the last real hurrah. Of course, I reckon the next challenge will be whether or not bass-ackwards states like GA will have to recognize those marriages. Should make for some fun political discourse over the next decade in GA.
I'm gonna guess that most of the push back for gay marriage comes from religious fanatics :([ and some of it from the insurance biz behind the scenes. Insurance companies would then be forced to extend the same benefits for gay couples which inturn means they lose $$. All of the benefit packages where ever I've worked have had cheaper rates for married couples as compared to single people.

Everywhere I've worked for years provided benefits for 'domestic partners' so the insurance co's have already been dealing with it for years even without SSM.  And I don't think it's just religious fanatics.  I'd put a good many religious moderates, rural people and right wingers (regardless of whatever religiosity they portray) as opposed also.
I won't be surprised if the insurance co's still find a way to use it as an excuse to raise rates....