POLL: Prop 8 Overturned by Appeals Court

Weigh in with your opinion by taking our poll.

California's ban on same-sex marriage has been ruled unconstitutional by a federal appeals court.

The 9th U.S. Circuit Court of Appeals ruled Tuesday in a 2-1 decision that a lower court correctly determined that Proposition 8 was a violation of gay civil rights.

The Huffington Post has a complete story.

Prop 8 was a ballot initiative that sought to overturn an earlier court's decision that legalized same-sex marriage.

Supporters of Prop 8 said they could take the latest ruling to the Supreme Court where they feel they would win.

In the meantime, gay marriages are still on hold until the deadline passes for Proposition 8 backers to appeal to a larger panel of the 9th Circuit.

So what do you think about the decision? Vote in our poll and leave your comments below.

dleighg February 09, 2012 at 02:07 PM
Pete: here's a summary of DOMA: The law, specifically Section 3, codifies the non-recognition of same-sex marriage for all federal purposes, which include family insurance benefits for employees of the government, survivors' benefits from Social Security, and joint tax filings.
Bob Ogden February 09, 2012 at 02:31 PM
dieghg, I agree with you that this is a California issue, what I was talking about was NYS, and not taking into account federal issues. I agree with you about DOMA, however, I think that too will be struck down by the Supreme Court at some point. DOMA, by the way, proves my point, these issues need to be dealt with by legislators, not voted on. The safeguard is the Supreme Court and that's the way the system is designed. For the life of me I don't understand why this is even an issue. Having a gay couple marry doesn't effect my marriage in any way, so why not let people be happy? Seems to me that it's one of the last places where people can be openly prejudiced and somehow wrap up their bigotry in their marriage vows.
dleighg February 09, 2012 at 02:51 PM
So if we're on the same side, why were you arguing with me? :) I was just telling Elmer that "civil unions" do not equal "marriage" no matter how you slice it, and even legal marriage for gays does not (currently) equal legal marriage for heterosexuals, due to DOMA. That's just plain wrong. My husband and I got married in Pennsylvania, years ago. We weren't even residents there. We lived in NY, and NY considered us legally married, as did the federal gov't. The fact that we have a crazy quilt of laws is not a situation we can live with forever.
Bob Ogden February 09, 2012 at 02:54 PM
dieghg, Sorry if I upset you. It was just a matter of us not understanding each other. Now we do.
Timothy Judge February 09, 2012 at 05:11 PM
Walt...all due respect, but freedom of religion and the separation of Church and State are one in the same. Your example of displaying the 10 Commandments in a public school is exactly what the Founding Fathers were prohibiting. The 10 Commandments are a Judeo-Christian construct. The public school; aka the government, can not impose any religion on anyone, this is the establishment clause in action Displaying the 10 commandments is establishing a particular religious belief. This is different than a class discussing religion and talking about the 10 comandments as a Judeo-Christian construct. As for having God in the pledge of Allegiance it was not in the original text, but was added in 1954. I agree that the administration of President Obama is oversteping its bounds by requiring religious institutions to provide insurance coverage for contraceptives. I think the Catholic church should change its prohibition on contraception, but thats my opinion. The constitution is clear that no government can tell a church how to act anymore than a government can establish a religion. If a church does not want to marry a homosexual couple ok, but the churches prohibition against such marriage can not extend to the state. The state has to stay secular if it is to adhere to the constitution and not to establish a religion.


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