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Proposition 8 ruled as Unconstitutional, NOM has a Hissy Fit

The ban against gay marriage has been ruled by a federal appeals court in California as unconstitutional.  The decision was two-one in a three judge panel of the ninth US circuit court of appeals in San Francisco.

 

 

 

 

 

 

 

 

The Guardian reports:

“Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California,” judge Stephen Reinhardt wrote in Tuesday’s ruling.

“Although the constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently,” the ruling states.

“There was no such reason that Proposition 8 could have been enacted.”

When same sex marriage passed in California, Proposition 8 was passed in 2008 to ban the decision. The ruling is a sign of the times that discriminating against a group of people is no longer acceptable. The usual suspects already state they plan to appeal to a larger 9th circuit court — and the US Supreme Court if they lose that ruling. That said, the wait will be longer to marry for same sex couples but the outcome looks optimistic.

 

National Organisation for Marriage states:

“As sweeping and wrong-headed as this decision is, it nonetheless was as predictable as the outcome of a Harlem Globetrotters exhibition game,” said Brian Brown, NOM’s president. “We have anticipated this outcome since the moment San Francisco Judge Vaughn Walker’s first hearing in the case. Now we have the field cleared to take this issue to the US Supreme Court, where we have every confidence we will prevail.”

San Francisco federal court judge Vaughn Walker ruled in 2010 that Proposition 8 violates the 14th amendment of the US Constitution. If allowed to stand, the ruling could invalidate the marriage laws of 43 states that define marriage as the union of one man and one woman. The case is widely expected to go to the US Supreme Court for resolution.

The ninth circuit court of appeals is the most overturned circuit in the country, and Stephen Reinhardt, the author of today’s absurd ruling, is the most overturned federal judge in America.

“Today’s ruling is a perfect set-up for this case to be taken by the US supreme court, where I am confident it will be reversed.”

 

Admittedly, I truly enjoy a good NOM meltdown. Maybe they need to hear some music:

 

Image: USA Today

 

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  • http://profiles.google.com/anthonyk6319 Anthony Kennerson

    Actually, the way the Ninth Circuit wrote their decision more than likely protects those states who have not already passed legislation legalizing gay marriage, since it only ruled on the narrow position of whether California’s law “took away” rights previously given to particular groups.

    So, even if the SCOTUS does agree with the lower court, most of the other states will more than likely be able to keep their anti-gay marriage laws or initiatives intact.

    Most antigay activists would rather push for a National Marriage Amendment to the US Constitution to override states like Cali, anyway.