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#212430 - 02/09/12 10:59 PM Re: Gay Marriage Tipping Point? [Re: NW Ponderer]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 15007
BTW, in case anyone wants to read it: PERRY v. BROWN
Quote:
Whether under the Constitution same-sex couples may ever be denied the right to marry, a right that has long been enjoyed by opposite-sex couples, is an important and highly controversial question. It is currently a matter of great debate in our nation, and an issue over which people of good will may disagree, sometimes strongly. Of course, when questions of constitutional law are necessary to the resolution of a case, courts may not and should not abstain from deciding them simply because they are controversial. We need not and do not answer the broader question in this case, however, because California had already extended to committed same-sex couples both the incidents of marriage and the official designation of ‘marriage,’ and Proposition 8's only effect was to take away that important and legally significant designation, while leaving in place all of its incidents. This unique and strictly limited effect of Proposition 8 allows us to address the amendment's constitutionality on narrow grounds.
and
Quote:
By using their initiative power to target a minority group and withdraw a right that it possessed, without a legitimate reason for doing so, the People of California violated the Equal Protection Clause. We hold Proposition 8 to be unconstitutional on this ground. We do not doubt the importance of the more general questions presented to us concerning the rights of same-sex couples to marry, nor do we doubt that these questions will likely be resolved in other states, and for the nation as a whole, by other courts. For now, it suffices to conclude that the People of California may not, consistent with the Federal Constitution, add to their state constitution a provision that has no more practical effect than to strip gays and lesbians of their right to use the official designation that the State and society give to committed relationships, thereby adversely affecting the status and dignity of the members of a disfavored class.


Edited by NW Ponderer (02/10/12 04:55 AM)
Edit Reason: Add Quotations
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

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#212498 - 02/10/12 05:33 PM Re: Gay Marriage Tipping Point? [Re: Phil Hoskins]
Ken Condon Offline
enthusiast

Registered: 06/14/07
Posts: 3648
Loc: Eugene, OR
Quote:
Ken, I write prenups and estate plans for my clients, fyi

I am aware of that. It was just designed to be a good natured poke at you.

On the other hand awhile ago we knew a gal whose father was an estate lawyer and he managed to die intestate. It was a can of worms that took the family years to unravel and about did in his spouse. Perhaps that was his intention--who knows.
_________________________
Get your facts first, then you can distort them as you please.

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#212502 - 02/10/12 06:02 PM Re: Gay Marriage Tipping Point? [Re: NW Ponderer]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 15007
I I had been drafting estate plans for over a dozen years before I could convince my wife, also a lawyer, to draft hers.
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

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#213860 - 02/24/12 01:00 AM Re: Gay Marriage Tipping Point? [Re: NW Ponderer]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 15007
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

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