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Unless a higher court issues a stay, gay marriages can NOW go forward in California,

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pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:06 PM
Original message
Unless a higher court issues a stay, gay marriages can NOW go forward in California,
according to Pete Williams on MSNBC.

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Duer 157099 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:07 PM
Response to Original message
1. Well that should be a nice needed boost to our economy!
Cheers to everyone!
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:11 PM
Response to Original message
2. Still
If I was a gay person in California, I'd hurry up and get married before some Reagan/Bush appointed appellate judge issued a stay.
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Jenny_92808 Donating Member (87 posts) Send PM | Profile | Ignore Wed Aug-04-10 04:13 PM
Response to Reply #2
3. No doubt they will try...
I was in SoCal during the original Prop 8 fight. The disgusting non-stop ads were portraying gays as perverts and that children would be required to be taught about same sex atrocities <sarcasm>. Those lies were so horrible, I will never, ever forget what the mormans and other religious zealots did. I hope that others do not soon forget what they did.
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derby378 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:14 PM
Response to Reply #2
5. As in, shouldn't there be a line at the courthouse right about now?
Get in, get the license, kiss, get out, get on with married life.

http://www.youtube.com/watch?v=gLFuTHFTOIU
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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:44 PM
Response to Reply #5
22. YES IMMEDIATELY

Whether anyone is going to get a stay pending appeal is an open question, and can happen on an expedited basis.
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alsame Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:15 PM
Response to Reply #2
6. My cousin and her girlfriend are planning to do just that. I just called
to congratulate them and she said they are planning to marry within the next few weeks. :party:
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pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:21 PM
Response to Reply #6
11. I think they'd be better off doing it in the next few hours. n/t
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alsame Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:35 PM
Response to Reply #11
17. They are under the impression that the ruling can't be challenged
for 30 days - is that incorrect? (I'm not a lawyer, obviously).
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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:44 PM
Response to Reply #17
21. A stay can be issued at any time

The time for taking appeal is 30 days.

HOWEVER, the prop 8 folks CAN apply for an immediate stay and it is possible they can get one.
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alsame Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:48 PM
Response to Reply #21
23. Thank you very much. I'll call and tell them to do it ASAP. nt
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WolverineDG Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:30 PM
Response to Reply #6
14. Marry now, party later
before the ink dries on the inevitable injunction (should it be granted).

Congrats to your cousin!

dg
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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:43 PM
Response to Reply #6
20. They should get there TODAY

As in right this minute.

A stay could issue in hours or a day.

This judgment has immediate effect.
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JI7 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:14 PM
Response to Original message
4. what's the next highest court and have they ruled on any similar issues before ?
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pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:15 PM
Response to Reply #4
7. There's a federal district court in San Francisco. I don't know about previous rulings. n/t
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MountainLaurel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:15 PM
Response to Reply #4
8. 9th Circuit
And they are notoriously progressive, so they'll likely uphold this decision. From there, it's on to SCOTUS.
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Missy Vixen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:16 PM
Response to Original message
9. YEAH!
We were so excited to send a bouquet of flowers to someone waiting in line to get married at San Francisco's city hall in 2004. I hope we'll get to do it again.

:woohoo:
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Newsjock Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:20 PM
Response to Original message
10. Stay was just issued, according to KGO-TV
Reported on the air; no link.
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pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:21 PM
Response to Reply #10
12. Damn. n/t
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:32 PM
Response to Reply #10
15. I thought I heard no stay has been issued.
A lot of excitement right now.
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pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 06:19 PM
Response to Reply #15
24. The original judge did not, in his own ruling. However,
a higher court did.
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cynatnite Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:33 PM
Response to Reply #10
16. Not surprised. n/t
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:22 PM
Response to Original message
13. The more gay marriages the better, I think! Better for America's frame of mind -- !!!
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:36 PM
Response to Reply #13
18. But . . . are gay marriages actually permitted to go forward or on hold???
Edited on Wed Aug-04-10 04:37 PM by defendandprotect
EXCERPT --

Judge overturns Calif. gay marriage ban AP

Despite the favorable ruling for same-sex couples, gay marriage will not be allowed to resume as the appeals process moves forward.

Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.

California voters passed the ban as Proposition 8 in November 2008, five months after the state Supreme Court legalized gay marriage.


LOVE THIS . . .

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples," the judge wrote in a 136-page ruling that laid out in precise detail why the ban does not pass constitutional muster.

The judge found that the gay marriage ban violates the Constitution's due process and equal protection clauses.

"Because Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment," the judge ruled.

http://news.yahoo.com/s/ap/20100804/ap_on_re_us/us_gay_marriage_trial



--------------

Male-supremacist religion is now deemed "without any rational justification" -- LOVE IT!!

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jberryhill Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 04:41 PM
Response to Original message
19. Correct - Clerks should be issuing now
Edited on Wed Aug-04-10 04:41 PM by jberryhill
The State is not appealing, only the private defendants are. The judge could have stayed, but it looks from the order that it is with immediate effect.

Unless or until there is a stay.



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