Court: Calif. Gay Marriage Ban Unconstitutional

A federal appeals court has declared California's same-sex marriage ban unconstitutional, paving the way for a likely U.S. Supreme Court showdown on the voter-approved law.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled 2-1 Tuesday that a lower court judge interpreted the U.S. Constitution correctly in 2010 when he declared the ban, known as Proposition 8, to be a violation of the civil rights of gays and lesbians.

The measure, which passed with 52 percent of the vote in 2008, outlawed same-sex unions just five months after they became legal in the state.

Lawyers for Proposition 8 sponsors and for two couples who sued to overturn the ban have said they would appeal to the Supreme Court if they did not receive a favorable ruling from the 9th Circuit.

(Copyright 2012 by The Associated Press. All Rights Reserved.)


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  • by Anonymous on Feb 15, 2012 at 02:10 PM
    In may i think that we need to vote against them liberals trying to make homosexuals marry here.
  • by Anonymous on Feb 15, 2012 at 02:10 PM
    In may i think that we need to vote against them liberals trying to make homosexuals marry here.
  • by Anonymous on Feb 12, 2012 at 01:58 AM
    http://www.youtube.com/watch?v=eytGQXWD05M Watch it and be educated as to why we don't vote on civil rights.
  • by Anonymous on Feb 10, 2012 at 04:36 AM
    excuse me, but it was the VOTERS of Ca. (surprisingly) who said they DON'T want gay marrage. It's not up to the courts to say, oh the people don't know what is right for them so we will decide. any kind of marriage is dead anyway, cheaper to just live together.
    • reply
      by Anonymous on Feb 10, 2012 at 05:57 AM in reply to
      Civil rights don't get to be voted on. If that was the case Lincoln shouldn't have been allowed to free the slaves, women shouldn't have been allowed to vote, black people shouldn't have been given equal rights nor been allowed to marry a white person.
    • reply
      by Anonymous on Feb 12, 2012 at 03:36 AM in reply to
      Yeah...that's right, people don't know what's right for them, well in this case, what's right for other people.
  • by Anonymous on Feb 9, 2012 at 12:29 PM
    Homosexuality has been around a lot longer than your religion.
    • reply
      by Pat on Feb 9, 2012 at 01:27 PM in reply to
      Yes it has, just like all other crimes in this world.
      • reply
        by Anonymous on Feb 10, 2012 at 05:58 AM in reply to Pat
        How is something that doesn't effect you in anyway, harm you physically or emotionally, a crime exactly?
      • reply
        by Anonymous on Feb 15, 2012 at 01:56 PM in reply to Pat
        Firstly, homosexuality is not a crime. Secondly, last time I checked more crimes have been committed by your religion than by two people in love.
  • by Anonymous on Feb 9, 2012 at 08:34 AM
    I'm still waiting for one person to tell me why gay marriage should be illegal and present a rational, valid, reasonable, intelligent argument. Examples of arugments that don't count: It's against the Bible. (We're not a theoracy.) It'll destroy traditional marriage! (Please explain how somebody getting married will harm your marriage.) It'll destroy humanity and we'll become extinct! (Not unless 7 billion people up and decide to become gay) It's immoral! (Based on what...oh right the Bible, see first example.) It'll lead to beastality, incest, child molestation, etc! (Slippery slope fallacy. A gay couple getting married is two consenting adults. Animals can't give consent, and children aren't allowed to marry because they don't have the same rights as everybody else until they're 18.) So please, find me an argument that doesn't suffer any stupidity and present an intelligent reason why we should discriminate against millions of honest, hard-working Americans. I'll wait.
    • reply
      by Pat on Feb 9, 2012 at 11:05 AM in reply to
      What is so hard to understand about it? Two men together in an intimate way.. Sexually?? Picture that for just a minute...... Or two women.... It is just not normal for intelligent humans to do such things.. That is why there is male and female...Get it ?
      • reply
        by Anonymous on Feb 9, 2012 at 02:17 PM in reply to Pat
        GREAT rebuttal. This is a great reason backed by great supporting details. When will people realize that disallowing gay marriage is a direct infringement on their human rights.
      • reply
        by Anonymous on Feb 10, 2012 at 06:00 AM in reply to Pat
        Okay pictured it, especially with two women. Seems perfectly normal for intelligent humans. That also didn't answer any of the question I asked. Refer to question 3 and 4 that were asked.
      • reply
        by Anonymous on Feb 15, 2012 at 01:58 PM in reply to Pat
        Yuck is not an answer. Try again. Go to the Constitution and tell me where it says that people are allowed to be treated differently. Go to the Supreme Court rulings and show me where it says that people can be treated differently. (Hint you might run across Brown vs. Board.)
    • reply
      by John on Feb 10, 2012 at 04:18 AM in reply to
      Why it should be illegal: Laws are rules that society put in to place to establish and guide what the majority have considered what we want society to live by. Society has always considered marriage to be between a man and a woman just as our creater planned. Don't expect society to embrace your lifestyle if you are gay; just keep it to yourself, society don't no part in your lifestyle.
      • reply
        by TheFacts on Feb 10, 2012 at 05:31 AM in reply to John
        So, since abortion is legal - you support that too right? Or do you only support the laws that you like?
      • reply
        by Anonymous on Feb 10, 2012 at 05:44 AM in reply to John
        Times they are a changing.
        • reply
          by Obama Snake Oil Co on Feb 10, 2012 at 06:31 AM in reply to
          Yes, people want morality back.....
        • reply
          by Anonymous on Feb 10, 2012 at 04:14 PM in reply to
          And they're getting it, one state at a time equal rights are becoming a reality. Also if you want your traditional marriage back, I'd ask what part exactly? Since in the bible everything from incest to rape and polygamy are perfectly acceptable.
      • reply
        by Anonymous on Feb 10, 2012 at 06:02 AM in reply to John
        But....there is no overall law against gay marriage in the first place in many places. Much less is it in the Constitution. So....society would have to first make laws against it. Which is discrimination, which is illegal. So please, try again.
      • reply
        by Anonymous on Feb 15, 2012 at 02:02 PM in reply to John
        Hmmm. At one point slavery was considered moral in our society. Society always considered blacks inferior prior to the 14th Amendment and really it lasted until the Brown vs. Board decision. Guess who didn't get to vote on that decision. The majority. Using the same arguments that racists used in the 60's is not helping your case.
    • reply
      by Anonymous on Feb 10, 2012 at 04:29 AM in reply to
      We aren't a theoracy, but to many, that is a valid reason. Who are you to say that they are wrong, who made you the one who decides which arugments are valid and invalid? answer no-one!
      • reply
        by Anonymous on Feb 10, 2012 at 06:04 AM in reply to
        The 1st Amendment and every major supreme court dealing with marriage, and the rights of religious intsitutions agree with me. So while I only may be one man, I have mountains of legal history and precedent on my side, why they have a fairy tale.
        • reply
          by Anonymous on Feb 10, 2012 at 09:44 AM in reply to
          The courts might agree with you, but not every major religion does. The muslins stones gays to death, others just consider gays as items to be pitied and will be sent to hell. But you and others have forgotten one thing, it was the voters who wanted the law. I happen to agree with the voters.
        • reply
          by Anonymous on Feb 10, 2012 at 04:16 PM in reply to
          Which is why I have zero concern with what religious dogma tell me. I care what is right by the Constitution. Muslims don't control the government anymore than Christians should. And the voters don't matter either, not when it comes to equality. The majority doesn't' get to decide what rights the minority get, that's pretty clear from the constitution and the declaration of independence.
  • by Anonymous on Feb 8, 2012 at 05:31 PM
    When North Carolina residents have the chance to vote in May, I will vote to keep marriage as it already is, between one woman and one man. Liberal judges and politicians should stop trying to change the definition of marriage, keep it as it already is,Female/Male
  • by lesbihonest on Feb 8, 2012 at 04:36 PM
    Me and my fiancee can't wait to get legally married here! If we can't, we are still going to live here... the weather and seafood is awesome. Don't worry- we are nice and we both pay taxes.
  • by Formerly O.L.I. Location: ENC on Feb 8, 2012 at 03:30 PM
    Let them have 'at it'. In about 10-20 yrs., the HIV/AID's rate will skyrocket, and the natural selection theory will kick in.
    • reply
      by Anonymous on Feb 9, 2012 at 08:13 AM in reply to Formerly O.L.I.
      I don't think you actually know what that theory is...and please do explain how HIV/AIDs will skyrocket when gay and hetrosexual couples already have sex? Will allowing them to get married mean they'll start going out and having unprotected sex with random people?
      • reply
        by Formerly O.L.I. on Feb 9, 2012 at 10:07 AM in reply to
        This comment has been deleted.
        • reply
          by Anonymous on Feb 9, 2012 at 12:16 PM in reply to Formerly O.L.I.
          Yeah...cells do mutate, ever heard of cancer or a virus? Not sure exactly what you're trying to say. You provided no argument as to why HIV cases will spread or increase. People have sex now, marriage isn't a license to have sex, so how is that going to change?
        • reply
          by Obama Snake Oil Co on Feb 10, 2012 at 06:34 AM in reply to Formerly O.L.I.
          He has provided facts that don't agree with what you heard, theres the problem. Google AIDs in San Francisco to get you snap shot of that wonderfull, blessed gay life style. By promoting gay lifestyle, its an epidemic there and in Africa.
        • reply
          by Anonymous on Feb 12, 2012 at 02:00 AM in reply to Formerly O.L.I.
          What facts did he present exactly?
      • reply
        by Anonymous on Feb 10, 2012 at 05:46 AM in reply to
        Gay peole already have sex. HIV aids wouldn't skyrocket at all, it would stay the same.
  • by Anonymous on Feb 8, 2012 at 02:07 PM
    I'd still like to see one legitimate reason as to why homosexual marriage should be illegal. How does it harm you? How does it effect your life? How can you be for small government and belive the government has a place in a persons sex life? How can you deny basic civil liberties to a group of people based on nothing more than bigotry? I'd like an answer. If you're going to discriminate against millions of Americans, who pay taxes, who work hard, who raise children to be productive adults, who serve our country, then you need a good reason. And because it's unnatural and because it's in the Bible aren't good reasons.
    • reply
      by Anon on Feb 8, 2012 at 02:42 PM in reply to
      Best comment I've read up here!
    • reply
      by Anonymous on Feb 10, 2012 at 04:31 AM in reply to
      again, who are you to say what is and isn't a valid reason.
      • reply
        by Anonymous on Feb 10, 2012 at 05:47 AM in reply to
        Human rights need no validity.
      • reply
        by Anonymous on Feb 10, 2012 at 06:06 AM in reply to
        So you believe it's fine to discriminate against millions of people because they believe the Bible should control what's put into law in the United States? If that's the argument, then why are not all religious text treated with the same kindness? Why don't we have to abide by the rules of the Quran, or Bhagavata?
    • reply
      by Obama Snake Oil Co on Feb 10, 2012 at 06:37 AM in reply to
      Its not going to hurt us....and its a lovely way to go through life...Since the beginning of the epidemic a total of 28,409 San Francisco residents have been diagnosed with AIDS, which comprises 18% of California AIDS cases and 3% of cases reported nationally. There have been 19,080 reported AIDS deaths in San Francisco as of Dec. 31, 2009. There were 15,836 San Franciscans living with HIV/AIDS by the end of 2009. Most were male (92%) and white (63%). In addition, nearly three-quarters of all HIV/AIDS cases were among men who have sex with men (MSM) and an additional 13% were among MSM who were also injecting drug users. Of the total number of people with HIV/AIDS, 9,326 were living with AIDS at the end of 2009. 92% of those living with AIDS are male, 6% are female and 2% are transgender. Survival after AIDS diagnosis is worse for African Americans than other racial/ethnic groups. Among those diagnosed with AIDS between 1996 and 2009, the percent of African Americans surviving five years was 73% as compared with 81% for whites, 83% for Latinos and 86% for Asian/Pacific Islanders. In 2007, HIV/AIDS was the fourth leading cause of death for men aged 25–54 years in San Francisco. There were 411 newly diagnosed HIV cases in 2009, down from 434 in 2008 and 518 in 2007. The majority was male (90%), MSM (73%), aged 25-49 (71%) and white (50%). The neighborhoods with the highest numbers of people living with HIV/AIDS are the Castro, Mission, Western Addition and Tenderloin. HIV-positive injecting drug users are mainly concentrated in the Tenderloin, Western Addition and South of Market.
      • reply
        by Anonymous on Feb 10, 2012 at 04:20 PM in reply to Obama Snake Oil Co
        What's that got to do with equality?
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