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Topic: California's Prop 8 headed to Supreme Court
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I'm sure many of you are familiar with prop 8 (if you are, you can skip this paragraph) but if you aren't it was a proposition passed in California back in 2008 with 52% of the vote that banned same-sex marriage for Californians. Basically, the proposition was taken to a District Court where it was found unconstitutional when it then moved up to the 9th Circuit Court of Appeals and was, once again found unconstitutional.
Now for the new news. When we last left Prop 8 we were awaiting the 9th circuits decision regarding an en banc review (basically a rehearing) of prop 8. Well their decision came in 4 days ago on June 5, 2012 and they denied the request for en banc review, which is a good thing.
But now proponents of prop 8 are taking the proposition to the SCOTUS (Supreme Court of the United States). This actually kind of frightens me because there are 9 Supreme Court Justices 4 of which are liberal, 4 are conservative, and 1 (Justice Kennedy) is known as the "swing vote" meaning he sometimes agree with the left, sometimes with the right, however most of the time he swings right, which is why I'm concerned. I really hope the Justices can put aside their personal beliefs and just look at legality and constitutionality of prop 8, but I guess we'll have to see what happens.
What are your thoughts? What do you think the Supreme Court's ruling will be? Or do you think it's too close to call?
Source: http://www.huffingtonpost.com/...9.html#s=480892
You laugh at me because I'm different. I laugh at you because you're all the same.
"Rub that glitter and grease around"
~Lady Gaga
"I'm fierce and I'm feeling mighty. I'm a golden girl, I'm an aphrodite, alright!"
~Kylie Minogue
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Post: #655260  , Sat 9 Jun 12, 3:51PM |
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God... Honestly, as much as I want Prop 8 gone, I still think it's FAR too early for it to be taken up with the Supreme Court. Yes, society here in Cali may be slowly becoming a little more accepting etc, but for it to be taken to Supreme Court... it's just way too soon and no one's ready for it and I feel the odds are really... not on our side...?
I also feel like no matter which way it goes, some people might get hurt. Riots from either side seem possible. Man, I'm not even all that great at history, politics etc, but I really feel like this has become our "Civil War." Maybe I'm exaggerating, but that's my take on it...
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Post: #655263 , Sat 9 Jun 12, 4:00PM |
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:: Raven
:: QA3 Getting cosy | |
So the Supreme Court haven't agreed to hear the case yet? But the prop 8 supporters are going to petition the court to hear it?
I know very little about courts or Supreme court in the US, but I have been following the whole prop 8 thing. It's great that they've exhausted all options within the state with no review!
So I will keep following this and hope for either
A) Court refuse to hear it - (it's a big issue so perhaps this really isn't likely? Is it pretty certain the court will review the case if petitioned?)
B) They lose! Marriage for California 
And believ me, I'm hoping hard for you! Hopefully this can be brought to a GOOD ending as quickly as possible
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Post: #655264 , Sat 9 Jun 12, 4:02PM |
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@Irene - I agree, the odds are definitely not in our favor. And riots are definitely possible, in fact, I'm expecting them, lol.
@Ellie - Right, the proponents of Prop 8 are trying to get the case into the SCOTUS but they haven't actually agreed to hear the case YET. It's very probable that they will agree to hear it though, because a similar case regarding DOMA (Defense of Marriage Act) was presented to the Supreme Court around the same time so that will probably show them how big of a deal same-sex marriage is and a lot of people are expecting the court to hear both cases.
You laugh at me because I'm different. I laugh at you because you're all the same.
"Rub that glitter and grease around"
~Lady Gaga
"I'm fierce and I'm feeling mighty. I'm a golden girl, I'm an aphrodite, alright!"
~Kylie Minogue
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Post: #655269 , Sat 9 Jun 12, 4:21PM |
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I'm seriously terrified right now because of this... I mean if Prop 8 remained in affect here, I was ready to just pack up and move up to Cape Cod or something, but knowing a lot of my other gay friends that are STUCK here... I don't know...
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Post: #655273 , Sat 9 Jun 12, 4:43PM |
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As odd as it sounds, the result is likely contingent on what president is in office. If Obama stays in, there is going to be more pressure to vote against Prop 8, we might even get a conservative vote. But if Romney is in the seat, the cards are up in the air.
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Post: #655297 , Sat 9 Jun 12, 6:36PM |
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@Techie Shaun - that's actually an interesting way of looking at it. Hopefully Mittens doesn't ruin this for us xD
You laugh at me because I'm different. I laugh at you because you're all the same.
"Rub that glitter and grease around"
~Lady Gaga
"I'm fierce and I'm feeling mighty. I'm a golden girl, I'm an aphrodite, alright!"
~Kylie Minogue
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Post: #655302 , Sat 9 Jun 12, 7:09PM |
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Yep, he can't remove the judges or anything of the sort (thank goodness), but the pressure of authority and peers are always a huge factor in decision making.
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Post: #655390 , Sun 10 Jun 12, 2:40AM |
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:: darkless
:: QA7 Taking responsibility | |
Hopefully another conservative judge steps down soon.
"Be who you are and say how you feel because those who mind don't matter and those who matter don't mind."-Dr.Seuss
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Post: #655488 , Sun 10 Jun 12, 7:17AM |
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Man, I'm not even American and this is bothering me! If it does go the supreme court and actually ends up going through, imma be soooo p****d!
I Love You... All of You
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Post: #655489 , Sun 10 Jun 12, 7:22AM |
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:: CorrieK
:: QA5 Having the neighbours round | |
I think the Supreme Court will find it unconstitutional for sure - the Equal Protection clause is pretty explicit! I feel that although a court decision legalizing gay marriage would certainly contribute to the polarization of the nation's politics, it would be a good thing in the long run. Plus, I live in California, and I would like to get married in my home town someday. =D
"For a long time I thought I wanted to be a nun. Then I realized that what I really wanted to be was a lesbian."
-Mabel Maney
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Post: #656655 , Thu 14 Jun 12, 11:59PM |
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Corrie - I hope so! I really do hope that they just look at the constitutionality, but that's where my worry comes in. I'm just worried that if they decide to hear the case, that they'll make up their minds bases on personal opinions rather than law and facts.
You laugh at me because I'm different. I laugh at you because you're all the same.
"Rub that glitter and grease around"
~Lady Gaga
"I'm fierce and I'm feeling mighty. I'm a golden girl, I'm an aphrodite, alright!"
~Kylie Minogue
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Post: #656679 , Fri 15 Jun 12, 1:10AM |
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:: CorrieK
:: QA5 Having the neighbours round | |
NO WAY. It doesn't matter whether a judge is personally liberal or conservative (which often is simply used to refer to his or her legal philosophy), he or she will be impartial. Especially a Supreme Court justice. The only question is when they will hear the case! =D
"For a long time I thought I wanted to be a nun. Then I realized that what I really wanted to be was a lesbian."
-Mabel Maney
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Post: #656780 , Fri 15 Jun 12, 5:19AM |
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By definition identifying with a specific ideology or consistently ruling along one side or another is the definition of partiality, but it is within what we can expect a person to do. If it were truly an impartial group of people there would be a lot more objective reasoning and the result would be votes that frequently cross lines and plenty of results that are not close (except in actual dilemma issues). You will also find that judges are more likely to rule in an impartial way (even when it is against those they identify with) when an issue is predominantly not supported and more on the lines of those they identify with when the issue is more evenly divided and therefore more contentious and in everybody's focus.
People are very easily influenced even when they do not realize it. The power to be influenced by other people is exponentially increased when you mentally, verbally, socially or officially align with another group. In knowing and understanding how that works, you are a bit more resistant to it's effects, but never completely. It has been found that people regard something as absolute truth the more that they hear it as well as the more people have said it. As it turns out, the brain doesn't weed out how many times a small amount of people have said something and instead sprawls those instances out as if it was a large group instead of a small one.
This is one of those issues that is so in focus that for many of the judges facts are likely to be completely ignored because they have already formed very hardened opinions one way or another and can no longer be swayed.
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Post: #656828 , Fri 15 Jun 12, 9:15AM |
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