Showing posts with label propositon 8. Show all posts
Showing posts with label propositon 8. Show all posts

Wednesday, September 8, 2010

Congressman Nye Seems to think Prop 8 ruling is no big deal

A while ago, I wrote to my Congressional Representative, Glenn Nye (D-VA) asking him to oppose the Prop 8 ruling of Judge Walker.  This is what I got from him.

Dear Mr. Jurek,

Thank you for contacting me in opposition to Judge Walker's ruling in the case of Perry v. Schwarzenegger, which, if upheld, would overturn Proposition 8's ban on same-sex marriage.  It is helpful to learn the views of my friends and neighbors in Hampton Roads and on the Eastern Shore, and I appreciate having your input.

On Wednesday, August 4
th Judge Vaughn R. Walker ruled that California Proposition 8's ban on same-sex marriage "cannot withstand any level of scrutiny under the Equal Protection Clause" and that "excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest."  However, immediately following the ruling, Judge Walker put a stay on his own opinion, pending the expected higher court challenge.  The opinion only applies to California and does not affect federal law, which does not recognize same-sex marriages.
Judge Walker was first nominated to the federal bench by
President Ronald Reagan in 1987.  Due to his conservative record, his confirmation was delayed for two years by Congress. 

I believe in the balance of power between the three branches of government and have confidence in the process of the Judicial Branch. Should Congress consider any related legislation, I will be certain to factor your recommendations into the decisions I make. 

Thank you again for sharing your views.  I am proud to serve Virginia's Second District, and I am committed to working hard for you.  If you would like more information about the issues I am working on in Congress, or if you would like to sign up to receive my monthly e-newsletter, I encourage you to visit my website at www.nye.house.gov.

Apparently he hasn't done much thought about this, because anyone with an  inkling of how things work in this regard, he'd know the ruling sets a precedent that any and all attempts to defend marriage are "unconstitutional" including federal law, and now homosexualist activists have a legal precedent to argue for the recognition of homosexual "marriage".

Yes, the ruling is a big deal, because now any defense of marriage is out.

Mr. Nye, please, for the good of society, oppose this ruling on it's face and fight for marriage in Congress, resist any attempt to redefine marriage.

Pax Christi.

Wednesday, August 4, 2010

ALERT: Federal Judge Overturns Proposition 8

Courtesy of MSNBC, to my shock:

SAN FRANCISCO — In a major victory for gay rights advocates, a federal judge on Wednesday struck down a California ban on same-sex marriage.
In a landmark case that could eventually reach the U.S. Supreme Court, Chief U.S. District Judge Vaughn Walker ruled that the voter-approved ban, known as Proposition 8, violates due process and equal-protection rights under the U.S. Constitution. He said that "moral disapproval" alone is not a basis to deny rights to gays and lesbians.
"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," Walker wrote in the conclusion of the 136-page opinion.
His ruling came in response to a lawsuit brought by two same-sex couples and the city of San Francisco seeking to invalidate the law as an unlawful infringement on the civil rights of gay men and lesbians.
Outside the federal courthouse in San Francisco, a cheer went up among a group of about 70 same-sex marriage supporters carrying small U.S. flags, as a large rainbow-striped flag — the symbol of the gay rights movement — waved overhead.
California Attorney General Edmund G. Brown Jr. praised the decision. "In striking down Proposition 8, Judge Walker came to the same conclusion I did when I declined to defend it: Proposition 8 violates the equal protection guarantee of the Fourteenth Amendment of the United States Constitution by taking away the right of same-sex couples to marry, without a sufficient governmental interest."
Opponents of same-sex marriage derided the ruling.                                                                      
South Carolina Republican Sen. James Demint called the decision "another attempt to impose a secular immorality on the American people who keep voting to preserve traditional marriage." 
"Traditional marriage has been the foundation of civil society for centuries and we cannot simply toss it aside to fit the political whims of liberal activists with gavels," Demint said.
Prop 8, which outlawed gay marriages in California five months after the state Supreme Court legalized them, passed with 52 percent of the vote in November 2008 following the most expensive campaign on a social issue in U.S. history.
Both sides previously said an appeal was certain if Walker did not rule in their favor. The case would go first to the 9th U.S. Circuit Court of Appeals, then the Supreme Court if the high court justices agree to review it.
Walker heard 13 days of testimony and arguments since January during the first trial in federal court to examine if states can prohibit gays from getting married.
The ruling puts Walker at the forefront of the gay marriage debate. The longtime federal judge was appointed by President Ronald Reagan.
The verdict was the second in a federal gay marriage case to come down in recent weeks. A federal judge in Massachusetts decided last month the state's legally married gay couples had been wrongly denied the federal financial benefits of marriage because of a law preventing the U.S. government from recognizing same-sex unions.
The plaintiffs in the California case presented 18 witnesses. Academic experts testified about topics ranging from the fitness of gay parents and religious views on homosexuality to the historical meaning of marriage and the political influence of the gay rights movement.
Former U.S. Solicitor General Theodore Olson delivered the closing argument for opponents of the ban. He told Judge Walker that tradition or fears of harm to heterosexual unions were legally insufficient grounds to discriminate against gay couples.
Olson teamed up with David Boies to argue the case, bringing together the two litigators best known for representing George W. Bush and Al Gore in the disputed 2000 election.
Defense lawyers called just two witnesses, claiming they did not need to present expert testimony because U.S. Supreme Court precedent was on their side. The attorneys also said gay marriage was an experiment with unknown social consequences that should be left to voters to accept or reject.
Former U.S. Justice Department lawyer Charles Cooper, who represented the religious and conservative groups that sponsored the ban, said cultures around the world, previous courts and Congress all accepted the "common sense belief that children do best when they are raised by their own mother and father."

In an unusual move, the original defendants, Brown, the state attorney general, and Gov. Arnold Schwarzenegger, refused to support Proposition 8 in court.
That left the work of defending the law to Protect Marriage, the group that successfully sponsored the ballot measure that passed with 52 percent of the vote after the most expensive political campaign on a social issue in U.S. history.
Currently, same-sex couples can only legally wed in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire and Washington, D.C.

This is an outrage.  The citizens of California had every right to amend their Constitution, and they had a moral duty to defend God's plan for marriage.  And now, this black-robed tyrant thinks he can override this right by imposing this ruling.

An abuse of federal power?  You bet it is.  Our founders had no intention of the federal judiciary having the authority to overturn an amendment to a state constitution.  Yet, here we are!  As if we needed another excuse to throw out the bums in 2010 and 2012. 

I urge everyone to write to the Congressional representatives and urge them to support an appeal of this abominable ruling.  I also urge everyone to pray for those who challenged Proposition 8 and to pray for our nation to regain its moral compass.  It's time to stand up and say we're not going to take it anymore.

To the people of CA, you will be in my prayers and may God bless your state abundantly.  Peace.