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CA supreme court stops same sex marriages

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fizzana Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:30 PM
Original message
CA supreme court stops same sex marriages
Just announced on local TV.
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Ediacara Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:31 PM
Response to Original message
1. any reasoning given?
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fizzana Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:33 PM
Response to Reply #1
2. No. n/t
n/t
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Ediacara Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:37 PM
Response to Reply #2
6. what was the news source?
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confusionisnext Donating Member (187 posts) Send PM | Profile | Ignore Thu Mar-11-04 07:37 PM
Response to Reply #1
25. The issue that the court will decide is
Edited on Thu Mar-11-04 07:38 PM by confusionisnext
"whether San Francisco officials had a right to issue the licenses based on their belief that California's ban on gay marriage is unconstitutional.

***

However, the justices temporarily sidestepped the larger legal question of whether California's gay marriage ban actually is unconstitutional, leaving it to be first addressed in the lower courts."

http://www.mercurynews.com/mld/mercurynews/news/local/8163119.htm

Thus, it's a question of the adminstration of law, rather than of the legality of gay marriage.
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Cooley Hurd Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:35 PM
Response to Original message
3. Nothing on CNN yet...
Nothing on Google news yet, either...
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mobuto Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:36 PM
Response to Original message
4. Makes Sense
California state law is clear on the subject. The solution is obvious: change California state law.
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Ediacara Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:38 PM
Response to Reply #4
8. but....
California State law is clearly contrary to the state constitution.
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mobuto Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:39 PM
Response to Reply #8
12. You may be right
I've never read the California state constitution. If there's an equal protection clause in there, you may well be right. Was the Court addressing the constitutionality of the law or just legal standing to marry people?
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Ediacara Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:43 PM
Response to Reply #12
16. See posts downthread, court *didn't* declare them illegal
Just ordered them to stop until it makes a ruling, which should be in May or June.

According to reports I have read on DU, the City of San Francisco is suing the state based on portions of the CA constitution that say that the state cannot create special classes with rights and privleges above anf beyond everyone else. Barring homosexuals from marriage, so says SF, creates a special class of married straight people.

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mobuto Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 06:18 PM
Response to Reply #16
23. Figured that out, thanks
Makes sense.
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Jax Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-12-04 12:18 AM
Response to Reply #16
26. kick!!!
Jax
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ronnykmarshall Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:36 PM
Response to Original message
5. Shit!
We didn't make it to SF in time.
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cally Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:40 PM
Response to Reply #5
14. Sorry you didn't get here in time
I was hoping you were in SF last week. Still, I believe we're going to win this issue. Eventually. :cry:
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ronnykmarshall Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:37 PM
Response to Original message
7. KPIX - SF Link
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mobuto Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:38 PM
Response to Reply #7
10. Well, Civil Unions are still available in VT
and marriages will soon be available, perhaps, in Mass.
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Vas Liz Donating Member (82 posts) Send PM | Profile | Ignore Thu Mar-11-04 05:49 PM
Response to Reply #10
21. They WILL be available in mass
Unless the entire state disbands or goes in to martial law. There is no "perhaps" about it.

The ONLY way Mass can stop it is a constitutional amendment. Even IF they pass one at the convention (which doesn't look likely considering it failed every vote last month) it would take TWO AND A HALF YEARS to be voted on AGAIN by another convention (with new members) and THEN the public before it can become part of the constitution.

I suspect it will not pass, and even if it does the people (after 2 1/2 years) will see they have been going on all during that time and the sky has not fallen, and likely would vote it down themselves.
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Ediacara Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:39 PM
Response to Reply #7
13. Court orders a halt, DOES NOT DECLARE ILLEGAL
From the article:

Court Orders Halt to SF Same-Sex Marriages

Associated Press

(AP) - The California Supreme Court ordered an immediate halt to gay marriages in San Francisco and said Thursday it would hear a case in May or June on the legality of such marriages.

The action by California's highest court came two weeks after state Attorney General Bill Lockyer and a conservative group asked the seven justices to immediately block the gay marriages, with more than 3,700 couples having wed at City Hall so far.
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ronnykmarshall Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:41 PM
Response to Reply #13
15. Ooooooooo i likes the sound of that.
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Cooley Hurd Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:38 PM
Response to Original message
9. Breaking CNN: CA SC stopping same sex marriages...
...as per Wolfie. :(
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cally Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:38 PM
Response to Original message
11. Just saw it on CNN
:cry:

I thought the California supreme court would support this.
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Vas Liz Donating Member (82 posts) Send PM | Profile | Ignore Thu Mar-11-04 05:56 PM
Response to Reply #11
22. They probably will
they are probably thinking like the mass court did. I.e. if they refused to stop it what does that mean to the rest of the state? Should they start giving marriage licenses? What to do?

This way they can probably rule and put a time on it to ready the rest of the gov.
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flamingyouth Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:43 PM
Response to Original message
17. Crap
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Vas Liz Donating Member (82 posts) Send PM | Profile | Ignore Thu Mar-11-04 05:43 PM
Response to Original message
18. It is very possible
they are just stopping them pending review of the conflict with the state law and the state constitution.
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Ediacara Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:45 PM
Response to Original message
19. ********************EVERYONE READ THIS********************
According to this article from KPIX, the court DID NOT DECLARE GAY MARRIAGES ILLEGAL.

The court instead ordered a halt to gay marriages, until it hears the case in May or June.

Again, it DIDN'T RULE on the legality of the marriages YET.
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Cooley Hurd Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 05:46 PM
Response to Original message
20. LA Times link
California Court Halts SF Marriages (registration required)

<snip>
The California Supreme Court today ordered San Francisco officials to stop issuing marriage licenses to same-sex couples until the court can hold a hearing on gay marriages. The hearing would be held later this spring.

The question of whether same-sex couples can legally marry exploded into Americans' consciousness in the month since San Francisco Mayor Gavin Newsom ordered gender-neutral marriage licenses to be issued. He argued that to prohibit same-sex marriages violated the equal protection clause of the state Constitution.
</snip>
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Ediacara Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-11-04 06:47 PM
Response to Original message
24. KICK
:kick:
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