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The Ninth Circuit Has Ruled That California's Proposition 8 Is Unconstitutional!!!!

| Filed under: Gay Gay GayPolitik

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Yes! It most certainly is!!!

The 9th Circuit Court of Appeals has upheld Judge Vaughn Walker's ruling invalidating Proposition 8 this morning, confirming that the bill is unconstitutional and should be thrown out! Judges Stephen Reinhardt, Michael Daly Hawkins and N. Randy Smith voted 2-1 that passing the bill goes against this country's Constitution and banning same-sex marriage violates the very foundation of freedom this country was built on!

It's a MASSIVE step in the right direction and EXTRAORDINARY news for all those who want to see real change in this country. With that said, the fight is far from over as ProtectMarriage, the backers of Proposition 8, can appeal the decision to a larger panel of the 9th Circuit or go directly to the U.S. Supreme Court.

You know what? We say, "BRING IT ON!!!!" It seems like more and more, the fair and just people of our government are on the side of equality and we whole-heartedly feel like it will be sooner rather than later that we will see same-sex marriage become legal in California!

Rejoice and spread the good news! Equality for all is on its way!!!

[Image via WENN.]

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40 comments to “The Ninth Circuit Has Ruled That California's Proposition 8 Is Unconstitutional!!!!”



  1. 1

    I wonder if people thought it would be otherwise. I'm really not surprised at all. Marriage Equality WILL be nationwide.



  2. 2

    finally some GOOD news :)



  3. 3

    Tremendous! Wonderful to see the Justice System works!



  4. 4

    yes yes yes yes YES!!!!



  5. 5

    someone please read to me the exact article that says marriage of ANY TYPE IS A RIGHT. you'll have a tough time. i'l give you a hint,,,it doesn't exist.



  6. 6

    So happy for some good comments! i agree with you all.. it's about equality. Our nation was founded with a separation of church and state….this is unconstitutional. So happy..on to the next stop!



  7. 7

    YAY for equality



  8. 8

    Re: raypearson – The 14th Amendment of the US Constitution is called the Equal Protection Clause. It entitles every American citizen to equal protection and therefore opportunity and access to the provisions of the LAW and LEGAL INSTITUTIONS. Regardless if you believe that marriage is a religious institution (which it is) you are REQUIRED TO OBTAIN A MARRIAGE LICENSE TO BE CONSIDERED MARRIED by the state and by the federal government. A marriage license is A LEGAL DOCUMENT. SO… as long as you are required to have a legal document to be considered legally married… marriage is a legal institution. Therefore, depriving same sex couples of their access to a legal institution is a VIOLATION OF THE 14TH AMENDMENT. There is your article. If you want to prevent people from getting married it must only be considered a religious institution and then get rid of marriage licenses and any tax, health, or other legal benefits for being married or civilly wed. PERIOD.



  9. 9

    Re: raypearson – The 14th Amendment is the Equal Protection Clause. It ensures that EVERY AMERICAN citizen is protected by the letter of the law and have access to legal institutions. To get married, you are required to get a MARRIAGE LICENSE… A LEGAL DOCUMENT. If you don't get one, you are not married according to the state or the federal government. This makes marriage (as it stands now) a LEGAL INSTITUTION (among other things such as religious and personal). As long as you need a marriage license and can be considered "legally married" and get benefits for it… denying anyone access to participation in it is a violation of the 14th Amendment. there is your "article"



  10. 10

    Re: raypearson
    Question: Is Marriage a Civil Right?
    Answer: Recognized federal civil rights law in the United States is grounded in the U.S. Constitution as interpreted by the Supreme Court. By this standard, marriage has long been established as a civil right.

    The operative constitutional text is section 1 of the Fourteenth Amendment, which was ratified in 1868. The relevant passages read as follows:
    No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.



  11. 11

    So why not make SURE every bill is LEGITIMATE and LEGAL before we vote on them? Why wast all the time and taxpayers money like thisNot to mention deprive folks of their RIGHTS!!!!



  12. 12

    How can you overrule what the majority has already voted on??? Americans have a very strange judicial system. If the majority of the people has had their say, it should stand. The US is a very unstable country!!



  13. 13

    You'll soon be able to marry that imaginary boyfriend.



  14. 14

    Re: Biancaleigh23 – nice try,, both times, but you are still wrong. marriage is a codified religious rule. i know you are likely much younger than i but there were adultry laws on the books. they were all thrown out because of the seperation of church/state application. if adultry laws are bad, then any license requirement should also be wrong. finally marriage IS NOT A RIGHT,, research case law about drivers license. driving is NOT A RIGHT.



  15. 15

    Re: Crackertown – The majority of people also supported slavery, being able to beat your wife with something the thickness of your thumb, child labor, etc. Sometimes the majority needs to be smacked upside the head by people who have been entrusted with deciding what is best for the stability and tranquillity of the state/nation. This is not a true democracy, it is a democratic republic.



  16. 16

    Re: AttFinch – marriage has long been established as a civil right.' no it has not. marriage is NOWHERE stated to be a right. you can have any opinion you like, but i am just stateing the facts. IMO there should be NO "MARRIAGE" rules. MARRIAGE LICENSES are merely a codification of religious rules and should not be addressed by ANY LAW. IF you support seperation you cannot accept marriage rules.



  17. 17

    Re: Crackertown – the joys of activist judiciary. fuckers are ALWAYS MAKEING BAD LAW by judicial fiat. makes me fucking sick.



  18. 18

    California needs to do what other states are doing and make an ammendment to their state constitution defining marriage as between one man and one woman. That way they can bypass the liberal courts and the will of the majority can be served. No gay marriage!!!



  19. 19

    I feel that the bible says same sex marriage is wrong, BUT that being said it also tells us that passing judgment is also wrong because everyone sins and nobody is perfect. We are all human and we will all answer to GOD one day so until then I suppose we just need to make the best of our life we have right now. My motto is everyone deserves to smile. Although if I were gay I would not want to be "married" I would want something special for my community to do with their loved one because marriage is a biblical thing and the bible is against same sex.



  20. 20

    hell yeah! Great news!



  21. 21

    Re: Biancaleigh23 – I like what you say about majorities. This is why civil rights issues should not be put to a vote.



  22. 22

    Re: Crackertown – So, if the majority of the people voted that we should re-establish slavery, would that be OK? It's called balance of power. Look into it.



  23. 23

    YAY!!!! HAZAAH!!! :D



  24. 24

    Re: Mad Dog – Did you drop your pacifier, Sad Dog? America was not founded upon an official religion. Christianity is a religion. If we govern our nation based on the Bible, we would be no better off than countries that are governed by the Koran, where political unrest is most rampant. That's why America is not governed by any one religion, but don't worry; mommy will buy you a new pacifier. LOL



  25. 25

    Re: raypearson – Looks like someone let the troll out of the bag. LOL Here's a little something about "religious rule". The Bible makes it illegal for businesses to operate on Sunday, as it violates the law about observing the sabbath. Should we put employees who work on Sunday to death because the Bible says that's how they should be punished??? What kind of logic is that? Think for yourself instead of letting EVILgelicals dictate what you are to believe. Meanwhile, you sound constipated. Buy some stool softener and you'll feel better. LOL



  26. 26

    why is it so hard for the usa superpower land of the free to give all its citizens equal rights ur the laughing stock of the world .. give all ur citizens equal rights now …

    congrats pretzel



  27. 27

    Re: Midnight Empress – America was founded as a Christian nation. The Declaration of Independence cites "the Laws of God", the US Constitution states "God governs the affairs of men", John Adams in a Presidential address said "the founding fathers achieved independence on the general principles of Christianity" and the Ten Commandments are carved in stone inside the US Supreme Court building. There are many other examples of the Christian beliefs of the founding fathers. Anyone who believes otherwise is choosing to ignore the evidence in an attempt to rewrite history to fit their beliefs. I realize this is not as elegant as your pacifier argument, but it is the truth.



  28. 28

    Re: Mad Dog – Many of this country's founding fathers that you hold to such high esteem were atheists or agnostics, like most other intellectuals. To deny it is simply untrue.

    I also don't understand why people seem to use the founding fathers' opinions as justification in this day and age. These people had slaves. They actually had someone wait on their hand and foot against their will simply because of the color of their skin. There are a lot of things the fathers would approve of in this day and age and I find that to be a good thing. The fact that we are trying to make progress in this country that is supposedly called 'The Land of the Free' while you try to promote your mindset from the 1700's says a lot about the way you think.

    The United States of America has never been, is not, nor will it ever be a Christian nation. So stop using YOUR religion to justify taking away MY rights.



  29. 29

    Re: joethehobo – I'm merely pointing out that the founding fathers did establish this nation and did so based on Christian values. Legalizing gay marriage flies in the face of what they believed.



  30. 30

    Re: Mad Dog – actually …
    The original constitution of the United States that was ratified in 1789 had only one reference to religion: [Article 6] No religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

    The de facto motto of the United States, adopted as part of the Great Seal of the U.S. an Act of Congress in 1782, was E. Pluribus Unum (Out of Many, One). Congress changes it 174 years later (1956) to “In God We Trust.”

    The original ‘Pledge of Allegiance’ was written in 1892 by Baptist Minister Francis Bellamy who DID NOT INCLUDE the words “under God.” Those were added by Congress 62 years later (1954).

    The U.S. didn’t issue Paper Currency until 1861, and ‘In God We Trust’ didn’t appear on it for 96 years (1957).

    America was NOT founded as a Christian nation. Who is rewriting history to fit their beliefs?



  31. 31

    Yay for gay people. America (owned by whites) is the only modern country that loves discrimination(caused by whites and promoted by white americans and media). No other country(or race) is racist/discriminating like America(or white americans).



  32. 32

    Re: Mad Dog – ^^ White American Christians are the biggest hypocrites out of all religions, they say God says gays is an abomination yet forget about what he says about judging people and you fuckers did that for 400 years (slavery), locked my people up in Concentration camps(Japanese people), are threatened by hispanics because they are moving in, yet forget their people are immigrants, did jim crow, are racist against minorities especially black americans, on a daily basis. A christian owns a racist site called Stormfront. You yourself Mad Dog is a racist. They do white flight. I visited America for 3 years went to a all white american church (didn't know how whites were completely) I got stares all the time, anyway as soon as other minorities started to come whites started to disappear.



  33. 33

    Re: Mad Dog – You seem to have missed every single one of my points. Uncanny.



  34. 34

    Re: AliensAreTheSuperiorRace – Your words would be much more meaningful if they weren't so blatantly hypocritical.



  35. 35

    Re: AliensAreTheSuperiorRace – You were also hypocritical on one of your last posts where you called someone a 'typical white' and said that M.I.A. was an Indian performer. She was born in London and is of Sri Lankan decent. I would be angered if I wasn't so impressed with how little you have had to say to have all of your credibility destroyed on this site. Practice what you preach, and for God's sake, stop calling people racists right after you call them a 'typical ignorant white person'. You got on your soap box, tried to push your point, and failed miserably. And if it makes you feel better, just think of me as just another white person who got you to shut up. I don't care, as long as you do.



  36. 36

    Re: joethehobo – How is it racist if it's truly what whites are. When I said M.I.A. was Indian I was being sarcastic I'm a gigantic fan of hers like over 50 songs of hers I know she's Sri Lankan. You only think it's hypocritical because you're white and the privileged never understand the underprivileged typical white american.



  37. 37

    Re: joethehobo – Typical white american. You think whatever you say goes. Just because you don't notice something(you're white) you think it doesn't exist. Tons of American minorities talk about that. It may seem like I fail(though it's the truth and every american minority will agree) to the white eye does not make it true. How can whites who don't deal with job discrimination and etc understand what it's like for people that do, exactly. YOU FAIL.



  38. 38

    Re: joethehobo – Also what's hypocritical about white flight and exposing The western media? Or whites who claim they aren't racist yet will not defend a minority who's dealing with racism? For example YOU attack me an Asian but don't attack all the white racists here? That right what can you say? because that right there is hypocritical shit and shows that you yourself is a racist white american, typical. What about whites like you who think they understand the under privilege? What's hypocritical about exposing whites like you who think what they say goes? For example whatwhitepeopledo (a white man talks about racist things whites do and etc?) There are more whites on his site than any other site exposing the racism of whites. Why are white americans more likely to listen to a white american talking about racism than a minority who experiences it daily? Exactly, so shut the fuck up.



  39. 39

    I thought this was voted on by the people…..if that is the case, what gives the courts the right to overturn that…Evidently, it is what the people wanted….if the courts can overturn this vote, then what is the purpose of having any type of voting system at all…including voting in elections. This country is so on a downhill slide.



  40. 40

    Re: AliensAreTheSuperiorRace – The reason why it's racist is because you immediately dismissed my opinion and all other white peoples' opinions for that matter, based on the color of my skin. You can't get any more basic than that. My posts speak for themselves. You will not find one racist comment in them. There are real racists out there who truly believe their race is superior to another. You ought to be ashamed of yourself. And if you truly think I'm racist for calling you out just because I'm white, then no wonder you have such a jaded view of what the real minority really goes through. You personally are a destructive force when it comes to race relations. Again, you ought to be ashamed of yourself and the way you have carried yourself on this site.