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Proposition 8 Found Unconstitutional
Snarky Brides
Proposition 8 Found Unconstitutional
These Knotties are discussing everything from celebrity gossip to pressing world issues and everything in between.
http://news.blogs.cnn.com/2012/02/07/calif-same-sex-marriage-ban-violates-constitution-appeals-court-finds/
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Snarky Brides
Proposition 8 Found Unconstitutional
These Knotties are discussing everything from celebrity gossip to pressing world issues and everything in between.
http://news.blogs.cnn.com/2012/02/07/calif-same-sex-marriage-ban-violates-constitution-appeals-court-finds/
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Cat:Wedding BoardsForum:17
Cat:Wedding BoardsForum:17Discussion:14d178da-dbf3-4a50-8789-995ac8f72ac4
Forums  >  Wedding Boards  >  Snarky Brides  >  Proposition 8 Found Unconstitutional
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Proposition 8 Found Unconstitutional

posted at 2/7/2012 1:22 PM EST on theknot.com
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http://news.blogs.cnn.com/2012/02/07/calif-same-sex-marriage-ban-violates-constitution-appeals-court-finds/

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Re: Proposition 8 Found Unconstitutional

posted at 2/7/2012 1:27 PM EST on theknot.com
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That's good news!
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Re: Proposition 8 Found Unconstitutional

posted at 2/7/2012 1:29 PM EST on theknot.com
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I feel like it's Breaking News Tuesday.

Re: Proposition 8 Found Unconstitutional

posted at 2/7/2012 1:31 PM EST on theknot.com
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I know it's just another step in a long process but it still makes me happy. I'm curious to see whether it will go back to the Circuit Court or if it will go straight to the US Supreme Court. I think the US court will be much more influential (obviously) but I'll be so nervous when it gets there. 
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Re: Proposition 8 Found Unconstitutional

posted at 2/7/2012 1:34 PM EST on theknot.com
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About effing time
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Re: Proposition 8 Found Unconstitutional

posted at 2/7/2012 1:37 PM EST on theknot.com
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Here is a link to the opinion, if anyone is interested in reading it.  It's very narrowly written and I don't think it will be granted cert, unfortunately.


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Re: Proposition 8 Found Unconstitutional

posted at 2/7/2012 2:00 PM EST on theknot.com
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Question: If Prop 8 is found unconstitutional by the supreme court would that over-turn similar propositions in other states?  I think it would, but my civics are a little rusty. 

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Re: Proposition 8 Found Unconstitutional

posted at 2/7/2012 2:27 PM EST on theknot.com
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In Response to Re: Proposition 8 Found Unconstitutional:
Here  is a link to the opinion, if anyone is interested in reading it.  It's very narrowly written and I don't think it will be granted cert, unfortunately.
Posted by Smash Adams


Dude. that's 128 pages.  CN in plain English please? :)
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Re: Proposition 8 Found Unconstitutional

posted at 2/7/2012 2:33 PM EST on theknot.com
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In Response to Re: Proposition 8 Found Unconstitutional:
In Response to Re: Proposition 8 Found Unconstitutional : Dude. that's 128 pages.  CN in plain English please? :)
Posted by Steph+J

I haven't read the whole thing yet, because I'm swamped at work right now, but the basic idea is that if the government is going to infringe upon someone's First Amendment Equal Protection rights, they need to have a really, really good fucking reason (AKA the strict scrutiny test, which is the most stringent test for any sort of regulation, and they almost never pass).  The court is saying this doesn't even pass a rational basis test (the lowest level for scrutiny, basically that the government has a rational basis for the regulation to be upheld, i.e., protection of the people or something along those lines).

Overall:  The court thinks it's stupid, and also ruled that the claim made that the gay judge should've recused himself before granting the injunction has no merit.  The end!


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Re: Proposition 8 Found Unconstitutional

posted at 2/7/2012 2:43 PM EST on theknot.com
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Maybe I wrong but I thought prop 8 was deemed unconstitutional because the majority (CA voters in this case) are not legally allowed to make laws that deprive any minority of their fundamental rights.
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Re: Proposition 8 Found Unconstitutional

posted at 2/7/2012 2:50 PM EST on theknot.com
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In Response to Re: Proposition 8 Found Unconstitutional:
Maybe I wrong but I thought prop 8 was deemed unconstitutional because the majority (CA voters in this case) are not legally allowed to make laws that deprive any minority of their fundamental rights.
Posted by kodakitty

You're right, they can't without a legitimate justification, which is where the courts will generally apply the tests above.


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