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Federal Judge’s Decision on Prop 8 Could Have Variety Of Effects

— A federal judge’s decision on California’s law banning same-sex marriage could have a variety of effects. That’s the word from one legal expert. Closing arguments in the federal trial over the constitutionality of Proposition 8 were held yesterday.

Larry Levine, a Professor of Law at University of the Pacific’s McGeorge School of Law, says the judge’s decision could be wide-ranging or very focused.

“It could be extremely broad,” said Levine. “It could say the United States Constitution compels states to allow gays and lesbians to enter the institution of marriage, or, and more likely, I think, it could be founded on more narrow grounds that looks at a more California-centric approach.”

Levine says the judge likely won’t rule for weeks, and whatever decision he makes is likely to be appealed. The case could end up before the U.S. Supreme Court.

Voters approved prop 8 in 2008. It says marriage in California can only be between a man and a woman. Same-sex couple are challenging it as unconstitutional.

Comments

Avatar for user 'KelvinJeuneauSD'

KelvinJeuneauSD | June 17, 2010 at 11:28 a.m. ― 4 years, 6 months ago

I do not think prop. 8 should be reversed.

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Avatar for user 'Rx4GoodHealth'

Rx4GoodHealth | June 17, 2010 at 11:45 a.m. ― 4 years, 6 months ago

This comment was removed by the site staff for violation of the usage agreement.

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Avatar for user 'KelvinJeuneauSD'

KelvinJeuneauSD | June 17, 2010 at 12:16 p.m. ― 4 years, 6 months ago

That is merely your opinion, and mine is different than yours. Who gets to decide which one of us is right or wrong?

Thank you for showing your American values by resorting to petty insults and telling me to go back to my native country.

Have a good day.

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Avatar for user 'bluprntguy'

bluprntguy | June 17, 2010 at 1:29 p.m. ― 4 years, 6 months ago

Luckily, Kelvin produced as much evidence for his position as the lawyers that were supporting Proposition 8 - none.

The fact remains that the Constitution of the United States contains the 14th amendment which plainly states that all Citizens should have the same rights. You can't simply yank the rug out from a group of people and say that they aren't allowed to do what everyone else gets to do anymore. Even if 99% of the people vote for it.

So actually, Kelvin and Proposition 8 supporters in general, are the ones that are showing their lack of American Values.

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Avatar for user 'Rx4GoodHealth'

Rx4GoodHealth | June 17, 2010 at 2:22 p.m. ― 4 years, 6 months ago

This comment was removed by the site staff for violation of the usage agreement.

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Avatar for user 'KelvinJeuneauSD'

KelvinJeuneauSD | June 17, 2010 at 4:19 p.m. ― 4 years, 6 months ago

I am not trying to argue, I respectfully ask... what is a democracy? Isn't it a state in which laws are created by the will of the majority? So, in this case, if the majority decides to uphold prop. 8, isn't that democracy at work?

I am really not trying to fan the flames, just asking under what circumstances can a majority be overridden by a minority in a democracy?

Thank you

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Avatar for user 'Rx4GoodHealth'

Rx4GoodHealth | June 17, 2010 at 6:34 p.m. ― 4 years, 6 months ago

You aren't trying to fan the flames? Are you kidding me with this crap? That is exactly what you did by your first statement. You are entitled to your opinion, but when you post it publicly, expect some opposition (which you had to know was coming). I don't buy your crap at all, and for the record, people didn't get to vote on civil rights or interracial marriage. You certainly deflate the image of French people being educated.

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Avatar for user 'Adnilrhomx'

Adnilrhomx | June 18, 2010 at 5:54 a.m. ― 4 years, 6 months ago

Kelvin, The USA is NOT a democracy. It was set up as a constitutional republic; defined below:

A constitutional republic is a state where the head of state and other officials are elected as representatives of the people and must govern according to existing constitutional law that limits the government's power over citizens. There are a number of distinct forms of constitutional republics. In a mixed constitutional republic, executive, legislative, and judicial powers are separated into distinct branches so that no individual or group has absolute power and the power of the majority of the population is checked by only allowing them to elect representatives. The fact that a constitution exists that limits the government's power, makes the state constitutional. That the head(s) of state and other officials are chosen by election, rather than inheriting their positions, and that their decisions are subject to judicial review makes a state republican.-United States

Our founding fathers were very concerned about "mob rule". Thomas Jefferson said "A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine."

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Avatar for user 'KelvinJeuneauSD'

KelvinJeuneauSD | June 18, 2010 at 11:38 a.m. ― 4 years, 6 months ago

In a democracy, aren't qualifications for something being a civil right decided by a majority? Who gets to decide what is a civil right or not? Who makes that decision?

Originally, we based our civil rights on the bible, correct?

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Avatar for user 'Rx4GoodHealth'

Rx4GoodHealth | June 18, 2010 at 7:01 p.m. ― 4 years, 6 months ago

Well, if you were born in France, then you can't be among the "we" as you put it. And the US was founded on a freedom of and from religion. In fact, the founding fathers made some very unflattering quotes about religion. I suspected that the reason that you are anti-gay (which you will deny) based on the bible. While you are entitled to your religious beliefs, it is still astounding to me that people revolve their lives and base mores and even laws on something like religion, none of which can be proven. Yeah, I know it can't be UNPROVEN, either, but given that it also cannot BE proven, it makes zero sense to legislate on religious beliefs. Slavery, wars, and oppression of women and gay people are justified in what many feel is a book of hate, not a book of anything close to morality.
Now, I will go back to eating my freedom fries, Mr. 'born in France'

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Avatar for user 'justice'

justice | June 21, 2010 at 3:27 a.m. ― 4 years, 6 months ago

Folks seem to love the black man in the White House less and less.
Peace is for losers to beg for. America can beat up anyone, anywhere.
Americans hate Palestinians like Jesus from Nazareth. Why? they ain't
Christian SOLDIERS. They don't love the American Way of 12 gallons per mile to cruise or snooze through life. Non-Christians are not to make babies.

Same-sex babies is a very Christian thing two can do to support America.

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Avatar for user 'Rx4GoodHealth'

Rx4GoodHealth | June 21, 2010 at 8:05 a.m. ― 4 years, 6 months ago

This comment was removed by the site staff for violation of the usage agreement.

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Avatar for user 'JulieNadine'

JulieNadine | June 22, 2010 at 9:44 a.m. ― 4 years, 5 months ago

Rx4GoodHealth -- Do you really support marriage equality or are you trying to make the rest of us look bad? Disagreement is one thing but don't be abusive. Even though I disagree with Kelvin, I applaud him for keeping civil in the face of Rx's abuse.

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Avatar for user 'Tammy Carpowich'

Tammy Carpowich, KPBS Staff | June 22, 2010 at 11:05 a.m. ― 4 years, 5 months ago

Hi all~ Just a reminder that we need everyone to play nicely here. I removed a few comments because they included name calling and personal attacks, which violate our usage agreement.

We love the exchange of ideas, so please continue the conversation. Let's just keep things civil.

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Avatar for user 'randolphslinky'

randolphslinky | June 22, 2010 at 11:19 a.m. ― 4 years, 5 months ago

Kelvin is a fine example of what happens when we don't teach Civics in school anymore.

Anyway, I'm a bit distracted right now, I'm reading this book about this King that was favored by God, he had 700 wives and 300 concubines. This was even before they had the little blue pill folks.

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