The Daily Caller

The Daily Caller

California judge on verge of legalizing gay marriage

Sometime in the next few weeks, California may legalize same-sex marriage. Again.

Judge Vaughn Walker, chief justice of the United States District Court of Northern California, is expected to issue a ruling on Perry v. Schwarzenegger — better known as “the Prop. 8 trial” — in the coming days. The decision will follow a series of complicated political twists and turns that have shaped the gay marriage debate in California over the past several years.

In 2000, California voters passed Proposition 22, the California Defense of Marriage Act. The act states that only “marriage between a man and a woman is valid or recognized in California.”

On February 12, 2004, Mayor Gavin Newsom of San Francisco ordered the city to issue marriage licenses to same-sex couples. Approximately 4,000 same-sex couples obtained marriage licenses from that time up until March 11 of that year, when the California Supreme Court halted same-sex marriages. In August, the court nullified all of the same-sex marriages that had occurred since February. But on May 15, 2008, the California Supreme Court reversed course and struck down Proposition 22, ruling that sexual orientation is not “a legitimate basis upon which to deny or withhold legal rights.”

Then, six months later, California voters passed Proposition 8, which amended the state constitution to restrict the scope of marriage to exclusively between a man and a woman. The California Supreme Court upheld the amendment but this time did not nullify the same-sex marriages that had taken place before Prop. 8 had passed.

The plaintiffs in Perry are Kristin Perry and Sandra Steir; and Paul Katami and Jeffrey Zarrillo, a lesbian and gay couple, respectively, who were denied marriage licenses. They have filed a federal legal challenge against California in the hopes of overturning Prop 8. Closing arguments in the case were held last Tuesday. Walker submitted an extensive list of questions to the lawyers for both sides to discuss during the closing arguments.

The questions asked lawyers to address, among other things, whether there was ‘rational basis’ for the passage of Proposition 8, the role of voter intent in passing the legislation, and the history of marriage. Walker repeatedly interrupted lawyers for both sides to question them on these and other issues, but he wasn’t the only contentious presence in the courtroom.

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  • http://www.facebook.com/people/Scott-Bradley-Smith/703362270 Scott Bradley Smith

    I should’ve mention all know time ago. The only reason there are gays flaunting it because it feel natural to them and some do that because they’re having to be told what to be when they know they can’t be something they’re not.
    I should’ve stated before that just because you like vanilla ice cream and another wouldn’t like vanilla and prefer chocolate,You shouldn’t force someone to like vanilla or chocolate. Yet I could see that maybe you people perceive gay right supporter as “forcing” you to accept them. When really it’s a one man’s trash is another man’s treasure thing.

  • http://www.facebook.com/people/Scott-Bradley-Smith/703362270 Scott Bradley Smith

    clw,Lastly I should that I only tell people that I’m gay and I’m Apsie once because I don’t need to tell them over and over. Once is enough

  • http://www.facebook.com/people/Scott-Bradley-Smith/703362270 Scott Bradley Smith

    Foregt To mention jonavark and CJW. Not only The Asperger’s and Me being gay. I’m legally blind in one eye. All though Most people don’t notice my eye unless they look at me notices it’s different form the other one and Have to (reluctantly) explain why is that’s way. OTHO If People all ready know a head time about other that are different then maybe I don’t have to explain to people why I’m different form everyone else because it’s tiresome.

    • jonavark

      Oh Boy .. is it time for all of us to list our afflictions now?

      Being legally blind in one eye doesn’t prevent you from thinking clearly does it? It hasn’t prevented you from throwing the bigot blanket over everyone who disagrees with you has it?

      When you define yourself as gay you limit your own existence. If gays stopped that and defined themselves as people we just might have common ground. But the tendency for gays to be militantly, exhaustingly arrogant, intolerant and prejudiced beyond racists is not doing you any good.

      I am sorry but we’re all human and we all face disease and pain and all of the wonderful things that go along with being human. So it is a null effect.

      • http://www.facebook.com/people/Scott-Bradley-Smith/703362270 Scott Bradley Smith

        I was telling my eye just explain why I can’t type that well, Seesh.
        Where do you get off on gays being arrogant. As I said before not all them are that way. After We’re Human. You have stop with blind assumptions of people. There are Gay republicans there too. I don’t consider myself to be democrat or Republican. I consider myself to be libertarian.

      • http://www.facebook.com/people/Scott-Bradley-Smith/703362270 Scott Bradley Smith

        Here’s the like to Log Cabin Republicans.
        http://online.logcabin.org/

        I have friend who’s gay Republican has his own show.
        http://www.josesotoshow.com/

        Don’t assume that ever gay person is someone like that whiny Perez Hilton. I can’t stand him because he gives gays a bad name.

  • http://www.facebook.com/people/Scott-Bradley-Smith/703362270 Scott Bradley Smith

    clw,You’re Preaching to choir.

  • clw

    OMG so many posts, I hope I don’t repeat. It’s so simple. Get a dictionary. Marriage is defined as being between a man and a woman. Gays DESPERATELY want that form of social acceptance and legitimacy as “married” couples. Bad news: It’s never going to happen. If it’s equal legal rights, great; civil unions achieve the goal. But gays, by definition, can never have a “marriage”. I know that *isses them off, but it’s just a fact. Gays, as the other post-er alluded to, such as Perez Hilton, are getting quite in-your-face amd militant about getting accepted by society in general on an equal footing in terms of “marriage”, but it just isn’t going to happen. It will happen in an equal percentage as their representation in the human race. “2-13% of the population”-ish will accept that. (See link below for random link). Most of us just flat out don’t care. We don’t care what your sexual preference is and MOST of us just wish you’d shut up about it. We don’t go on and on about our hetero lifestyle. It just gets so OLD. If my gay friend doesn’t mention the fact that he’s gay at least 100 times a day I’d be shocked. And I find that to be quite typical of most gay people I’ve met. There were the gays who all planned a big outing (no pun intended) at the White House Easter Egg Roll to make a “statement”. People are sick of that crap. If you want to be gay, be gay! Just shut up about it. Talk about your job or your hobbies. It’s WAY more interesting! And Scott Bradley Smith… Good Lord! If you want someone to take you seriously, learn how to spell and put a sentence together coherently. Your posts, except for the ones with only 2 or 3 words are virtually unintelligible!*http://en.wikipedia.org/wiki/Homosexuality

    • http://www.facebook.com/people/Scott-Bradley-Smith/703362270 Scott Bradley Smith

      I myself would be only OK With Civil unions as long as all marriage are called a civil union in matter of civil law.

      • clw

        I can’t believe I am responding but these will be the two only replies I will post. You’re entitled to your opinion. Good for you.

    • http://www.facebook.com/people/Scott-Bradley-Smith/703362270 Scott Bradley Smith

      Another If you’re tired of Gays faulting it, Then Stop assuming everyone you meet is straight.

      • clw

        That is quite a leap that you’ve made to think that I assume that everyone I meet is straight. I certainly don’t. When the “Gay New York Men’s Choir” appeared on NBC one morning I was stunned! You don’t see the “Chicago Heterosexual Mens Choir”. Why are gays doing this to themselves?! As I’ve said before, when you SET yourself apart, apart you will BE, so don’t blame anyone else for that. I see people as PEOPLE. I don’t care what color they are, what their sexual preference is (if the objects of their preference are of legal age of consent), or really anything other than that they are good people! But to have to listen day in and day out to “Well I’m gay and… it’s because I’m gay… if I weren’t gay…”. Good GRIEF! How can we HELP but fault it?! I have one male gay friend, and he does this ad neauseum. I have two female gay friends who, for all intents and purposes could be gay or not! They don’t wear it on their clothes, they don’t shout it from the rooftops, they don’t protest, they don’t get in people’s faces. One friend is half of a professional ‘couple’, who live in a HUGE house in the suburbs, have a TON of money, have adopted 4 children, put them all thru college, bought them only the BEST things, took the best vacations, treated them with the BEST care… I assume their neighbors of oh 20 years probably assume by now that they are gay, but they don’t feel compelled to talk about it incessantly! They just LIVE THEIR LIFE.

        • http://www.facebook.com/people/Scott-Bradley-Smith/703362270 Scott Bradley Smith

          I don’t tell people I’m gay unless they ask me or when it’s appropriate to tell them. But I tell people I have Asperger’s right away.

          • clw

            OK srslry, last post on this. LOL!

            I am VERY familiar with Aspergers as it is closely related to Hyperlexia, which my daughter has. NOW I understand why you perseverate so in your posts.

            SBS… do yourself a LARGE favor. Stop defining yourself. Save the “I’m gay” flag and the “I have Aspergers” flag to wave at the times in your life when it’s vitally important, as in CLOSE RELATIONSHIPS. It’s no ones’ business what your sexual preference is, as that is (or should be) intensely personal. Same with Aspergers. You may feel compelled to explain to everyone why you are a little “different”, but we’re ALL a little “different”. Let them come to their own conclusions about you and hope they don’t judge you too harshly for ANY reason!

            I know this is all unsolicited advice, so just throwing it out there.

            The topic being “gay marriage”, you’re NOT going to find alot of support on a conservative website. It’s just not what alot of us believe in. You might want to channel your energies with like-minded people in gathering signatures for petitions or join groups who can have an influence in greater numbers together. I think that’s more productive than the kind of back-and-forth you go after on this website.

          • http://www.facebook.com/people/Scott-Bradley-Smith/703362270 Scott Bradley Smith

            clw , One Hand You can’t help that you’re heterosexual. Yet I feel that maybe you should keep your sexual orientation a private matter also.Why should I when most people who are heterosexual don’t do that as well .

  • gatortarian

    Quick thanks to DC for changing the front page picture to 2 chicks, I was getting tired of puking in my mouth every time I saw the other pic.

    • http://www.facebook.com/people/Scott-Bradley-Smith/703362270 Scott Bradley Smith

      What about covering your eyes.