Wednesday, August 4, 2010

Prop Hate

We are on the edge of our seats here! The California ruling on Proposition 8 that will define marriage in the USA forever is due any minute. The Proposition, financed by the Mormon Church and other right wing hate groups, passed in November 08 by a narrow margin and banned same sex marriage in California. This expected decision on whether to declare this vote to be unconstitutional is as important as Roe v. Wade. To say that I am hoping it will be overturned goes without saying. I am waiting.......

It will end up before the US Supreme Court no matter what the decision but it will be a lot easier going before the Court with a win!

BREAKING NEWS!!!!! IT HAS BEEN OVERTURNED!!!!!!!!!!! Prop Hate is unconstitutional and the enforcement of it is enjoined!!!!

Sorry haters, there is equal protection. You will not be able to vote to return slavery either. Tough. Suck it up and live with it! Civil and human rights are guaranteed and are not up for a vote! Opposite sex couples ARE NOT superior to same sex couples!

The Important Part:

REMEDIES

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result,see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

IT IS SO ORDERED."

* I have the full 138 page decision in .pdf format. If anyone wants it, let me know.

Cindi Lauper Quote:

"I want to commend and thank Chad Griffin and the American Foundation for Equal Rights, the legal team headed by Ted Olson and David Boies, and the plaintiffs in the case, Kris Perry & Sandy Stier and Paul Katami & Jeff Zarrillo, for their leadership and courage in standing up for equality and fairness." - Cyndi Lauper.

Predictably, the right have their noses out of joint and are starting the off the wall comments like "This decision will force gay marriage on all Americans". Now THAT would be interesting!


If you want to show your support for equal rights, these shirts are available from Karel.

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Number 100,000 just hit and they are from Richmond, BC and connected through Shaw Cable! If you are still on here, say "Hi" in the comments or Shoutbox!

7 comments:

  1. Croft, If you were closer I would hug you....thank you for being one of our straight allies....Kathe

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  2. Great news, isn't it? Strike a blow against hate and in favor of non-discrimination. I got goose-bumps of excitement when the decision was announced. A good day.

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  3. I don't have a problem with a church or an individual refusing to acknowledge same sex marriage but I do think the government should keep it's nose out. Nice post and thanks for the update.

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  4. A good day indeed! and another hug for you from down here Croft. Now the sh*t starts again and the lies and the fear mongering.

    Whatever happened to the concept of separation of church and state? Just give me the same tax credits and retirement benefits and you can call it anything you want but the way it is now in the US is not fair.

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  5. It is never "quite" the same though is it Jonna. Everything may seem the same until one is denied hospital visits or inheritances or the right to make final decisions for their loved one. It is never "quite" the same until it is equal. Equal = equal. Simple.

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  6. As a person who was denied end of life decisions, inheritance and other rights when my partner was severely disabled and subsequently died, I can tell you that the discrimination is real. It is an injustice that Canada dealt with appropriately.

    I have no interest in getting married in a church that does not support me as an equal member of society, but please let me have the opportunity for equal rights under the law. Kathe

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