US

Calif. Supreme Court to Issue Pivotal Gay Marriage Ruling Today

Ruling on Prop 8, Same Sex Marriage to Come From California Supreme CourtSAN FRANCISCO (The Blaze/AP) — The California Supreme Court is poised to release a decision that could prove pivotal to the future of the state’s voter-approved ban on same-sex marriage.

The court says it will file a written opinion Thursday morning clarifying whether the sponsors of ballot initiatives can defend their measures from legal challenges without the cooperation of the governor and attorney general.

A federal appeals court considering the constitutionality of the 2008 ban, known as Proposition 8, asked the state high court to weigh in on that question before it gets to the merits of the case. MercuryNews.com has more:

A 9th Circuit panel suggested in January that unless the state court determined that initiative sponsors have independent legal standing, it would have to dismiss the appeal and leave the lower court ruling overturning Proposition 8 in place without further scrutiny.

During oral arguments in September, however, the Supreme Court often leaned in favor of the ban’s backers, who argued that the lawmaking power granted to citizens does not end once propositions have been approved or rejected by voters. Several justices noted that their court always had, as a matter of practice if not formal policy, allowed the sponsors of ballot questions to appear before it when their measures were challenged.

Once the Supreme Court voices its interpretation, the appeals court panel will have to decide whether to accept the court’s guidance and if so, how to apply it to the ongoing legal skirmish involving Proposition 8. If the Supreme Court agrees the gay marriage ban’s supporters should be allowed to represent the majority of voters who supported Proposition 8, it would clear the way for the 9th Circuit to analyze the substance of the appeal.

The 9th District has expressed doubts about the ability of Proposition 8′s sponsors alone to challenge a lower court ruling that overturned the initiative. California’s previous governor and attorney general both refused to appeal the decision.

Comments (70)

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  • equalityluv
    Posted on November 17, 2011 at 11:18am

    I don’t understand why everybody in here is so hateful ?

    Report Post »  
    • Itchee Dryback
      Posted on November 17, 2011 at 11:53am

      Understanding can only be achieved with expressing positions clearly.
      You’ve not done that yet.

      How are you arriving at the conclusion that ideas being expressed are “hateful”?

      Report Post »  
    • Gh0stWrit3r
      Posted on November 17, 2011 at 3:50pm

      The only thing hateful from me and hopefully any one else with a right relationship with God, is toward the sin and behavior, not toward the individuals, who are deceived into thinking that their behavior is “uncontrollable”. It is no more uncontrollable than Alcoholism. You are under it’s control as long as you continue giving in to the desire of your flesh to do that which it was not designed to do. Homosexual feelings are natural in some cases and result in temptation, over time giving into those temptations causes a person to be more suseptible to future errors in choice.
      You see… when a person STOPS CHOOSING TO RESIST the temptations of homosexual behavior, they are in fact CHOOSING to embrace a homosexual world view and lifestyle. Those temptations start out much more subtle at a young age but as a young child continues down that path without good moral teaching… then they get to the point where they “FEEL” like it’s not a choice as a teenager and they think they were “BORN” that way. WRONG! WRONG! WRONG!

      Report Post » Gh0stWrit3r  
    • Black Eagle
      Posted on November 17, 2011 at 4:38pm

      Already the homosexualist movement is pushing for legalized bestiality, bi-sexual “trigamy” marriages, polygamy which will allow Muslims to marry barely-legal girls (or bring them in from the Middle East), and lurking always is the friendly attitude their “activist” leaders have towards pedophilia. Just recall whatever happens at any “gay” parade or festival, where public ******** and *******, drunkenness and lewd pornographic conduct is typical. Look up the Fulsom Street Festival to see what the “gay” agenda is all about.
      http://zombietime.com/folsom_sf_2007_part_1/
      “Gay” marriage is merely a foot in the door. It ain’t about repressed and bullied lonely men or women fearfully smooching in the dark on a park bench. It increasingly is about muscular homosexual males, bisexuals and sexual predators, demanding the right to push their pathos into the public square. And just ask why no “gay” organization ever denounces such stuff.

      Report Post »  
    • Joe Bonham
      Posted on November 17, 2011 at 6:38pm

      So you all hate gays and see them as “sinful”, because a book written by bronze age shepherds says they’re “sinful”?

      Report Post »  
    • Itchee Dryback
      Posted on November 17, 2011 at 6:52pm

      Joe Bonham
      Posted on November 17, 2011 at 6:38pm

      So you all hate gays and see them as “sinful”, because a book written by bronze age shepherds says they’re “sinful”?
      ____________________________________

      How do you come up with “hate”? You also seem fixated of “sin”.
      I think you may have a persecution complex.

      Report Post »  
    • let us prey
      Posted on November 17, 2011 at 6:54pm

      joe bonham
      How about it’s just wrong.
      Because you champion it, does not mean we all have to. Promoting this subject is just sending the country deeper into the abyss.

      Report Post » let us prey  
  • lukerw
    Posted on November 17, 2011 at 10:26am

    What I expect from California is… PERVERSION!

    Report Post » lukerw  
  • UnGreen
    Posted on November 17, 2011 at 10:24am

    Let me see; Have I got this straight? The citizens of Calleyfornia, pass a referendum and the courts are uncertain if the citizens have standings?
    How can we interpret Judicial Activism as rule of law? There is an impeachment process but I‘m afraid the Judicial activist would not go for it because the people don’t have standing.
    Think about it!
    Maybe it’s time to Occupy the SCOTUS.

    Report Post » UnGreen  
    • HorseCrazy
      Posted on November 17, 2011 at 11:39am

      i am also entirely sick of this. we the people has no meaning anymore we have slowly given all of our power away.

      Report Post »  
    • Joe Bonham
      Posted on November 17, 2011 at 6:39pm

      Its called “tyranny of the majority”. You do not have the privilege to deny another group their rights just because you outnumber them.

      Report Post »  
    • Itchee Dryback
      Posted on November 17, 2011 at 9:30pm

      Joe Bonham
      Posted on November 17, 2011 at 6:39pm
      _________________________________________

      Brainwashed.

      Report Post »  
  • PATRIOTGRUNT
    Posted on November 17, 2011 at 9:58am

    Want to bet that the Q___rs win. Go ahead , bet me. Sheeple can blow smoke up wind. Their votes don’t count. The Judges know what’s best for the Commiefornia sheeple. You have what you deserve.You voted for it for years , Piglossi , Boxidiot, Arnold Sig Heil ,Moonman Brown , Maxipad Waters , Waxpoodle ect ect ect.

    Report Post » PATRIOTGRUNT  
  • lylejk
    Posted on November 17, 2011 at 9:27am

    California’s been a lost cause for a long time now. This significant chunk of land will fall into the ocean sooner then most folk think so that will remedy that. :)

    Report Post » lylejk  
  • Ghandi was a Republican
    Posted on November 17, 2011 at 9:19am

    If you have to quantify it (as in Gay) you have effectively deleted the Original, non quantified “MARRIAGE” “Marriage” loses it’s definition forever.

    Report Post » Ghandi was a Republican  
  • B-Neil
    Posted on November 17, 2011 at 9:05am

    Why am I permitted by the Blaze to say HETRO but I can’t shorten Homosexual????

    Report Post »  
    • teddyc73
      Posted on November 17, 2011 at 9:31am

      Because gay people have incredibly thin skin and think that term is derogatory. They on the other hand can call you any name they choose or go out of their way to destroy the reputations of people that disagree with them but don’t you dare call them the first part the word “homosexual”. Incredible isn’t it?

      Report Post »  
    • TheRev
      Posted on November 17, 2011 at 9:43am

      Plus, you misspelled it, it needs another “e” after the “t”.

      Report Post »  
  • B-Neil
    Posted on November 17, 2011 at 9:02am

    Aint it a shame. Mental illness continues to grow at such a level, Polititians are affraid to tell the truth about there true feellings. If gays are so positive about there life style, why do they get all bent out of shape about **** jokes? I don’t get upset about Hetro Jokes. Maybe they do have a hidden guilt about there activities. CARRY ON McDUFF

    Report Post »  
    • B-Neil
      Posted on November 17, 2011 at 9:04am

      I can’t say H-mo but I can say Hetro

      Report Post »  
    • ChazD3
      Posted on November 17, 2011 at 11:57am

      You’ll be taken more seriously when you realize “hetero” is the correct term, not ‘hetro’. The fact that you don’t know this suggests you are not up on the subject you choose to pontificate about. Other than that, I agree with you.

      Report Post » ChazD3  
  • hi
    Posted on November 17, 2011 at 8:49am

    It was set to pass, but then the Bennetton ad came out and the judges changed their minds.

    Report Post » hi  
  • ares338
    Posted on November 17, 2011 at 8:03am

    The courts are to rule on law that is already on the books. They not to legislate or make new laws themselves, which liberal federal court judges do at their whim. Yes, the will of the people are to be considered.

    Report Post » ares338  
  • KTsayz
    Posted on November 17, 2011 at 8:03am

    Thomas Jefferson saw it coming.

    “BUT THE OPINION which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legislature and executive also, in their spheres, would make the judiciary a despotic branch.” — T Jefferson, Letter to Mrs. John Adams, Nov. 1804

    The judiciary HAS become a despotic branch.

    Stats prove gays can’t remain faithful
    http://www.frc.org/get.cfm?i=IS04C02‘

    And that’s the biggest problem with the whole gay scene – they are PROMISCUOUS! The majority will NEVER be able to remain faithful to their vows. And that’s part of their plan, to blur that line between faithfulness and faithlessness.
    Also, the fact that they identify themselves by who they have sex with tells everyone that they have a serious mental problem. Who I prefer to partner with is the last thing I would think of if asked to describe myself. But for then, it’s the first thing. They need serious counciling.

    Report Post »  
    • Walkabout
      Posted on November 17, 2011 at 12:25pm

      Good link. Will need to verify.

      Report Post »  
    • Chet Hempstead
      Posted on November 18, 2011 at 3:34am

      That’s not a valid comparison. Almost all heterosexuals have relationships that don’t end in marriage and don’t last any longer than the average gay relationship. If you counted all straight relationships the same way they look at all gay relationships, then a guy who dated nine women in his youth before getting married to a woman he stayed with for forty years would show up on the graph as 90% short term relationships.

      Report Post »  
  • ScarletRose
    Posted on November 17, 2011 at 8:00am

    It is an absolute abomination that anyone in the USA could entertain the notion that Constitutional Amendments that were passed by Constitutional standards could be ruled AGAINST by mere Justices. That is a violation in every way against the Constitution and the Rule of Law by the Authority of One Person One Vote, that the Authority of American Government is by permission of a Ratified Constitution By “We The People”, and NOT by Feudalistic or Royal decree over “subjects” who have no Rights, OR Authority, over the Government.
    If there is no Constitution, the government is without Foundation or Legitimacy.

    Report Post » ScarletRose  
    • Chet Hempstead
      Posted on November 18, 2011 at 3:49am

      As a matter of legal principle, you’re absolutely right. Amendments should be exempt from court challenge unless they violate the U.S. Constitution – a very flimsy claim in this case considering that no one has yet succeeded in getting a federal court to overturn DOMA. But I’m not a gay person waiting to get married. If I was, I would not appreciate being told I had to wait for this mistake to be corrected in the legally correct manner. Considering that this is affecting the lives of people today who might have to wait decades for things to be done right, I say the hell with principles. If it works, I’m for it!

      Report Post »  
  • MaxMagician
    Posted on November 17, 2011 at 7:47am

    Jerry Sandusky should try seeking sanctuary on the west coast.

    Report Post »  
    • Joe Schmuck
      Posted on November 17, 2011 at 8:09am

      Sanctuary ….you got that right. They might even put him in charge!

      Report Post » Joe Schmuck  
  • opinionista
    Posted on November 17, 2011 at 7:45am

    The people have spoken (as they have in many other states) about this issue. The governor and attornery general did not serve their people well by refusing to support the vote.

    Report Post »  
  • cemerius
    Posted on November 17, 2011 at 7:44am

    Pick the liberal ruling and the 9th Ciruit court will ALWAYS decide in that direction…..If left to the 9th Circuit NO ONE on the West Coast would have the right to vote!

    Report Post » cemerius  
  • motocrossed
    Posted on November 17, 2011 at 7:41am

    Also as mutch as I agree with Glenn and the Blaze Idont enjoy seeing obamas lips locked onto anything especially other same sex dicktaters, every time I RETURN TO THE BLAZE!

    Report Post »  
  • venom95washere
    Posted on November 17, 2011 at 7:37am

    Let Cali have their gay marriage thing. as a result more gays will move there.

    Report Post »  
    • ScarletRose
      Posted on November 17, 2011 at 8:10am

      I don’t give a hoot about California and those who take having all their Rights removed and replaced by Marxist dictators, who take it and lay down like a Red Carpet without any threat, exacting no cost.

      But I care about the effect what they do has on the USA Constitution.

      If the DIMS want a USA without a Constitution, the very least that American Citizens could do is give them legitimate consequences – without a Constitution, there are no bonds upon the citizens to lend legitimacy to the Govt by obeying their Dictatorial Marxist Oppressions, and being cordial about it. The least you could do is give them a remembered fight over it, and make them pay a price that is commiserate with what they are stealing.
      What American Citizens are doing, is equal to a homeowner who is faced with a thief coming after your TV set, and you, upon finding him there, pull out the deed to your property and promptly sign it over to the thief, pack your bags and leave the premises.
      These judges have no right whatsoever to declare a properly ratified Constitution to be “UnConstitutional”.

      Report Post » ScarletRose  
    • Welcome Black Carter
      Posted on November 17, 2011 at 12:16pm

      No, they will marry there and then go back to your state. Married.

      Report Post » Welcome Black Carter  
  • motocrossed
    Posted on November 17, 2011 at 7:33am

    Welcome to Californiacation you wont be needing any morality here and just like everything else if its not illeagle it’s ok, right? These people that spend theyre lives fighting for these mindless sensless things claiming they care so much for humanity , never seem to realize they could apply theyre effort to a worthy cause!
    Such a waste of time money, tax payer money , Life, Mabey when societys morality reaches this point a reset is the answer!

    Report Post »  
  • GTH
    Posted on November 17, 2011 at 7:20am

    The new trick of the gay movement is to post pictures of only gay women when they talk about gayism.
    . They think the population will except the news easier if they show women standing next to each other rather than two men tonguing each other. Like showing a pit bull puppy instead of the pit bull that it really is. Don’t be fooled by their deceptions

    Report Post »  
  • GhostOfLiberty
    Posted on November 17, 2011 at 7:19am

    I voted yes on Prop 8. When the court ruled that my vote didn’t matter, I was and still am pissed. That’s why I came back home to Colorado. My votes still count here…that is until Chickencooper won the governor race. Now there are reports coming out of the wood work that indicate that the dems committed election fraud. That and they just used a judge to “legally” Gerrymander the state…

    Report Post » GhostOfLiberty  
    • Joe Schmuck
      Posted on November 17, 2011 at 7:35am

      GHOST

      ” the court ruled that my vote didn’t matter,“ ” indicate that the dems committed election fraud.”

      It is sad to hear of these things happening in this country. And I think it will just increase until the we can turn this media driven D.C. around.

      As long as they can keep the folks fighting each other, they can keep padding each others pockets.

      We, just like the OCWS are being manipulated.

      Report Post » Joe Schmuck  
  • Snowleopard {gallery of cat folks}
    Posted on November 17, 2011 at 7:19am

    We already know which way the court of the progressives will go…against the will of the people.

    Report Post » Snowleopard {gallery of cat folks}  
    • Oldphoto678
      Posted on November 17, 2011 at 7:51am

      The will of the people has no place in the courts. The courts were never meant to parrot the will of the people. The court’s duty is to ensure that the will of the majority will not override the rights of the minority.

      Report Post »  
    • Itchee Dryback
      Posted on November 17, 2011 at 8:18am

      Oldphoto678
      Posted on November 17, 2011 at 7:51am
      The court’s duty is to ensure that the will of the majority will not override the rights of the minority.
      ________________________________________

      True
      But it must be based on something of substance, not, ..ironically..the ‘way the wind seems to be blowing’ based on some perceived “violation” of a “right” du jour.
      Manufacturing consent based on the loudest voices and most kinetic handwaving is exactly what you seem to be pointing out to be the wrong reason to decide one way or the other.

      Report Post »  
    • ScarletRose
      Posted on November 17, 2011 at 8:24am

      Oldphoto – the COURTS of the USA have no Authority to overrule Ratified Constitutional mandates.

      The authority they have to protect rights of minorities is to see to it that if something is Constitutional, that all Citizens have access to it, AS IS APPROPRIATE.

      Destructive Behavior is NOT the Legal Description of “Minority”. Same Sex Marriage is NOT equal to a public water fountain having to be as available to a Black or Asian or Jewish person as it is to a White Anglo Saxon or Hispanic person.
      Society and the Law by We The People have never legitimized sexual perversion as being considered “healthy, normal, or natural”.
      The USA Constitution never ratified any Authority to the Judges for them to be Dictators of Social Mores.
      The Judges do not have that Authority in America, and any attempt to use their power in such manner is illegitimate and an ABUSE of their Office.
      No Judicial Office or body and no Legislative body, and no Executive Office in America has Authority over Ratified Constitutionality.

      And when you remove the Respect for the Ratified Constitutionality, you remove all protections for individuals by that Constitution.

      Homosexuals and other deviants of Society have tons of other legitimate Rights under the Constitution which will suddenly matter a great deal more to them than the power to destroy the USA Constitution – if they actually accomplish their Stalinist goals.

      Report Post » ScarletRose  
    • ScarletRose
      Posted on November 17, 2011 at 8:28am

      CURRENT COMMUNIST GOALS
      As Ordered Composed in 1950′s by Joseph Stalin
      For the Destruction of America From the Inside
      Published in the Congressional Record, January 10, 1963.
      Appendix pages A34 & A35

      Joseph Stalin: America is like a healthy body and its resistance is threefold: its patriotism, its morality, and its spiritual life. If we can undermine these three areas, America will collapse from within.
      …
      24. Eliminate all laws governing obscenity by calling them “censorship” and a violation of free speech and free press.
      25. Break down cultural standards of morality by promoting pornography and obscenity in books, magazines, motion pictures, radio, and TV.
      26. Present homosexuality, degeneracy and promiscuity as “normal, natural, healthy.”
      ——————————
      Does not matter what the activist for perversions thinks his personal goals are – he is working for Stalin for Destruction. He is fouling his own nest, pooping where he eats and sleeps. Even animals do not behave that way.

      Report Post » ScarletRose  
  • stage9
    Posted on November 17, 2011 at 7:14am

    http://www.massresistance.org/

    Report Post » stage9  
  • Gonzo
    Posted on November 17, 2011 at 7:13am

    Marriage is an institution created by God…and he’s the only one who could legitimately change it. I doubt He places much value on the supreme court of California’s opinion.

    Report Post » Gonzo  
    • ScienceIsNotEvil
      Posted on November 17, 2011 at 8:20am

      So can we assume you are going to lead the charge to get divorce outlawed?

      Report Post »  
    • ScarletRose
      Posted on November 17, 2011 at 8:30am

      Show us where the Bible disallows Divorce, “Scienceisnotevil”.

      Report Post » ScarletRose  
    • hi
      Posted on November 17, 2011 at 8:56am

      Scarletrose Matthew 19;8 Moses allowed divorce.

      Report Post » hi  
    • Itchee Dryback
      Posted on November 17, 2011 at 9:02am

      ScienceIsNotEvil
      Posted on November 17, 2011 at 8:20am

      _____________________________________-

      I think thats a non sequitur.

      Divorce is not any part of the issue.

      Report Post »  
    • Chet Hempstead
      Posted on November 17, 2011 at 9:40pm

      Marriage has been practiced for far longer than any religion in existence today, in every society in every part of the world, and it has changed many times and in many ways over the centuries. Nobody owns the idea of marriage in a way that gives them a right to define it for everybody else. People who don’t even believe in God get married every day and nobody has ever seemed to have a problem with that. In Las Vegas, you can marry someone you just met while you’re both still drunk as long as you are of the opposite sex. I don’t think God was ever asked to sign off on that. But as soon as gay people say they want to get married, everyone seems to think judges should start acting like this is a theocracy.

      Report Post »  
  • SamIamTwo
    Posted on November 17, 2011 at 7:10am

    Oh gee wonder which way they will go…SIGH

    Report Post » SamIamTwo  
  • SpankDaMonkey
    Posted on November 17, 2011 at 7:09am

    .
    Pivotal and Gay Marriage should never be used in the same sentence……..

    Report Post » SpankDaMonkey  
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