Court: No Gay Marriages In California During Appeal

 SAN FRANCISCO (AP) — A federal appeals court has refused to allow gay marriages to take place in California while it considers the constitutionality of the state’s ban.

   The 9th U.S. Circuit Court of Appeals made the ruling Wednesday in San Francisco.

   California Attorney General Kamala Harris had joined gay marriage proponents in urging the appeals court to lift a stay that had been placed a lower court ruling to strike down Proposition 8.

   Lawyers for two same-sex California couples argued that gays and lesbians are being hurt each day the ban remains in effect.

   The lawyers sought again to lift the stay after the California Supreme Court recently said it would take at least until the end of the year to consider a legal question asked by the appeals court in the case.

   (Copyright 2011 by The Associated Press.  All Rights Reserved.)

Comments

One Comment

  1. lillian says:

    ok so gays can’t get married but lots of straight people can get divorces wow what a world we live in guess have to move we let immigrants in but can’t let gays marry whats the big deal your not marrying them ???????…so much is going on in this world and we are fighting for gays not to get married wow i think this us need a check up so sad that there is NO PEACE

    1. james says:

      There has to be some type of Therapy for these very very sick fu#ks

  2. Yup says:

    Hmm….All that “In your face” gloating by the gay mafia any you still get cut short.
    I guess you should have toned it down when you had the chance.
    Now you get an ear-full from the other side.
    Karma is a B!tch.

  3. Tea Party? Really? says:

    What’s the problem?
    No one to attack so you go after regular Americans that support responsible government….Really?
    Is your little world crumbling?
    Good.
    Your misdirected hatred for a political movement just bit you in the arse.
    I hope it hurts.

  4. The Voter doesn't matter in CA says:

    @ Lillian – It’s not that people are all concentrating on NOT letting Gay marriages take place. We are taking a stand on our votes! We voted, the Gay community lost, that’s it! But when small pressure groups try to tell the governement that the rest of the population (WE) or our opinion shouldn’t count….Then you bet your GAY a$$ were gonna push back!!!

  5. Willy G. says:

    Look this really isn’t a question of gay marriage vs no gay marriage, it a question of democracy. The people voted NO, they are not ready to sanction gay marriage with tax dollars at this time, The people voted, proponents of gay marriage lost = game over.

  6. Tunaoue says:

    I keep wondering why the MEDIA keeps skirting the resultant issues here. On the surface they present that Gay marriages are banned and that the higher courts are reviewing it. Because of lack of information most readers will become sympathetic to gay rights. There’s a lot more to this that remains ignored. I’m sure the media is well awI keep wondering why the MEDIA keeps skirting the resultant issues here. On the surface they present that Gay marriages are banned and that the higher courts are reviewing it. Because of lack of information most readers will become sympathetic to gay rights. There’s a lot more to this that remains ignored. I’m sure the media is well aware of the other issues, why they’re not writing about it is very suspicious.
    Overwhelmingly, most would agree that if two individuals love each other and want to live their lives together that it’s none of our business whether or not they get married. SO WHAT.
    There are at least two solid reasons to uphold the Prop 8 result. First is how legalizing gay marriages will affect religious establishments. If the law states that Gay marriages are legal, and if all churches must abide by the law, then all churches must perform gay marriages – regardless of that churches religious beliefs otherwise. So Freedom of Religion, a major cornerstone in United States philosophy, will get slapped down.
    Second, it is the WILL of the PEOPLE in an general election that made the decision. As far as I’m concerned, NOTHING IS MORE LEGALLY BINDING. The proposal was properly administered, the legality and Constitutionality was reviewed before it even made it to the ballot.
    IMHO, I think they really need to review the shortfalls of the whole thing by addressing other freedoms – let churches still perform M/F marriages only, and let them refuse to do gay marriages if they want.
    Then when the details are worked out, wait 5 years or so and do a better job of selling the issue to the public. Let the people vote it in at that time. Until then, live with the current result and stop wasting everybody’s time.
    are of the other issues, why they’re not writing about it is very suspicious.
    Overwhelmingly, most would agree that if two individuals love each other and want to live their lives together that it’s none of our business whether or not they get married. SO WHAT.
    There are at least two solid reasons to uphold the Prop 8 result. First is how legalizing gay marriages will affect religious establishments. If the law states that Gay marriages are legal, and if all churches must abide by the law, then all churches must perform gay marriages – regardless of that churches religious beliefs otherwise. So Freedom of Religion, a major cornerstone in United States philosophy, will get slapped down.
    Second, it is the WILL of the PEOPLE in an general election that made the decision. As far as I’m concerned, NOTHING IS MORE LEGALLY BINDING. The proposal was properly administered, the legality and Constitutionality was reviewed before it even made it to the ballot.
    IMHO, I think they really need to review the shortfalls of the whole thing by addressing other freedoms – let churches still perform M/F marriages only, and let them refuse to do gay marriages if they want.
    Then when the details are worked out, wait 5 years or so and do a better job of selling the issue to the public. Let the people vote it in at that time. Until then, live with the current result and stop wasting everybody’s time.

  7. Chris in Lathrop says:

    How can it be right to keep taxpaying citizens from marrying? Isn’t this country about freedom? And how can it be right to put civil rights to a vote? The Supreme Court has ruled 14 times that marriage is a civil right. Those who penned Prop 8 (and similar laws in other states) and those who voted for it did what has never been done before — voting to TAKE AWAY a civil right already held.

    Prop 8 is unAmerican.

    1. Anthony says:

      Actually what the Supreme Court ruled was as follows:
      “Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival…. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.”

      In other words you can’t restrict marriages based on race, nothing regarding sex. Actually it held that it was need for “existence and survival”, gay marriage does not meet those standards does it? The people have voted and it is not a violation of the 14th amendment as its been upheld. Sore losers is the only real problem here.

      1. Chris in Lathrop says:

        Your “existence and survival” argument is quite loaded. First, allowing same sex couples to wed would not stop opposite sex couples from marrying. Second, opposite sex couples are procreating all the time with and without being married. Please, name me one way in which denying same sex couples the right to marry does anything to promote further procreation.

        You said, “The people have voted and it is not a violation of the 14th amendment as its been upheld.” What are you saying has been upheld? The United States District Court for the Northern District of California has struck down Prop 8, and the 9th Circuit appeal isn’t looking very hopeful, either.

        As far as Loving v. Virginia goes, in 1967 it was perfectly legal to outlaw same sex relations. That held until 2003 in Lawrence v. Texas. The definitions in Loving have evolved. The arguments against same sex marriage have not.

  8. Chris in Lathrop says:

    @Tunaoue

    You said, “If the law states that Gay marriages are legal, and if all churches must abide by the law, then all churches must perform gay marriages…”

    Patently false. No church is required to perform any marriage against its will. That is a right guaranteed the church by the 1st Amendment. In fact, my brother’s church refused to marry him and his wife until they went through the church’s marriage counseling program. The churches have a lot of rights in this regard, all stemming from the 1st Amendment.

    You also said, “Second, it is the WILL of the PEOPLE in an general election that made the decision.”

    Yes, will of the people. Sorry, but the 14th Amendment and the due process clauses of the 14th and 5th Amendments provide that no law short of a Constitutional Amendment can be used to strip a person of their rights arbitrarily, as Prop 8 did.

    Further, you said, “The proposal was properly administered, the legality and Constitutionality was reviewed before it even made it to the ballot.”

    Again, no. There was no review of Prop 22 prior to its inclusion on the 2000 ballot, which made a state law against same sex couple marrying, which was why the California Supreme Court struck the law down in 2008. In Perry v. Schwarzenegger Prop 8, which is just a state constitutional amendment to reinstate Prop 22 as the law of California and underwent no federal constitutionality review either, it has already been ruled that Prop 8 violates the 5th and 14th Amendments of the US Constitution. Now it faces appeal in the 9th Circuit and has great potential either to wind up at the US Supreme Court, or to be turned out on its ear by the 9th for lack of standing of the defendant intervenors.

  9. Married Jeff says:

    The gay community has been telling us that their rights are being violated. 25 years ago my wife and I were married. We were married under the definition that marrage is between a man and a woman. If Prop 8 that was passed by the majority of California voters is overturned then my wife and my rights will be violated. Wouldn’t it be a violoation of the rights of the many who took those vows as husband and wife? I have to wonder.

  10. Tom says:

    The problem here is that no one shoudl even be allowed to vote on this issue. This is not up to the people to vote on. If people could vote on civil righ issues then we would still have slavery and segregation in the South. And by the way, California is not a democracy. We are a republic. Just like our nation.

  11. dragonfly says:

    Marriage was meant to keep us out of sin. It is better to be without than it is to be with someone out of wed lock. But man with man and women with women is wrong and can’t be fixed with the marriage title over it. Sin is sin, if it makes you uncomfortable than change your ways.

  12. james says:

    Adam and Eve Not Adam and Steve!!! sic puppys, Back to your Closet!!!

  13. 1964 says:

    Gay marriages need to be banned permanently.

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