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Prop 8 unconstitutional: 9th Circuit Appeals Court
Skeeve
Prop 8 violates the 14th Amendment to the US Constitution.

No "legitimate reason" for Prop 8 to treat gays differently as a class.

Prop 8 had no effect on religious freedom or on parents' right to control their children's education.

Prop 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.


http://www.scribd...8-decision
"The world is my country, and do good is my religion." - Thomas Paine
 
Skeeve
I forgot to type, "WOW!"

Will it go back to the 9th Circuit or to the Supreme Court now?
"The world is my country, and do good is my religion." - Thomas Paine
 
cheshiredragon
most likely, that is pretty damn kewl. Finally some people have some sense about them.
That's right, I said it...
 
seeker
From what I've seen about this the 9th Circuit Court was pretty careful to construct their ruling so that it would be unlikely that the Supreme Court would want to take the case. We'll know pretty soon either way. I don't doubt that it will be appealed pretty quickly.
"Those who cannot remember the past are condemned to repeat it." - George Santayana
 
JohnH
Two things to note, if the 9th US Circuit Court can pass judgement how can the decision be written to preclude examination by the US Supreme Court. I do not care what the experts say, there is a logical fallacy in that statement.

I am not going to confirm this but it is my understanding that the 9th is the most overturned Circuit Court. Probably because it is considered the most liberal. I did check, its reversal rate is consistent with other Circuit Courts but it appears that more of their decisions get appealed all the way to the Supreme Court.
 
seeker
John - The way they can preclude examination by the Supreme Court is to pin the ruling to previous Supreme Court decisions in a way that over-ruling them constitutes over-ruling themselves. Another way, and one they used in this ruling, is to restrict the result of the ruling to California.

The 9th circuit does get overturned a lot but a lot does not mean every time.
"Those who cannot remember the past are condemned to repeat it." - George Santayana
 
Bob of QF
This is good news, but not unexpected.
Quantum Junction: Use both lanes

Reality is that which is left, after you stop believing.
 
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