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Same-Sex marriage Federal Case [message #86191] Thu, 21 January 2010 17:06 Go to next message
KayA  is currently offline KayA  UNITED STATES
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Hi everyone I have been keeping a close eye on the Federal case currently going on in Federal Court in San Francisco concerning the constitutionality of Prop 8 that was passed in California. Here is the link.

http://www.equalrightsfoundation.org

If you follow the links you can get the transcripts of the case as they are being developed.

I have been reading the transcript from Tuesday and it is very interesting. Most of Tuesday's topic was about the political power of Gays and Lesbians.. and frankly it sucks.

Another surprise is the lawyers fighting for the Equal Rights Foundation (our side) are the lawyers on either side of the Bush/Gore election case at the supreme court. Ted Olsen the Bush attorney who is ultra conservative was asked to be the lawyer of record for the case and then asked the Gore lawyer Boies to help him. This is a historical partnership and Ted Olsen is doing a wonderful job just blowing the Prop 8 people out of the water and he is setting up the case to win in the US supreme Court. At one point Olsen used Supreme Court justice Antonin Scalia who is no friend of gays and lesbians ... used his own words against the other side. He is setting it up that Justice Scalia will need to if he is at all fair (maybe not likely) will need to rule in our favor.

[Updated on: Thu, 21 January 2010 17:07]

Re: Same-Sex marriage Federal Case [message #86850 is a reply to message #86191 ] Mon, 25 January 2010 14:05 Go to previous messageGo to next message
Jennywocky  is currently offline Jennywocky  UNITED STATES
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I feel bad for feeling cynicism, but I've just seen legal decisions hinge too much on personal politics... which color how a justice might approach the law.

Is the Supreme Court even required to hear this case, if it is appealed high enough, or will they just send it back to the states?
Re: Same-Sex marriage Federal Case [message #86867 is a reply to message #86850 ] Mon, 25 January 2010 15:10 Go to previous messageGo to next message
KayA  is currently offline KayA  UNITED STATES
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We really don't know Jenny.. I am quite cynical also... but I think it is our best chance. The present state of affairs where the Anti marriage people can control the agenda and get states to pass anti gay measures won't work.

If and it is a big if (but Ted Olson has the best chance) we get a positive Supreme Court decision the only route the opposition would have to overturn that decision would be a federal constitutional amendment which I think would be much harder for them to accomplish.
Re: Same-Sex marriage Federal Case [message #86870 is a reply to message #86191 ] Mon, 25 January 2010 15:14 Go to previous messageGo to next message
Katie  UNITED STATES
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Caffeine Reader The problem here is that the nutjobs BELIEVE they have to SAVE AMERICA from the evil HOMOSEXUAL MENACE! After all, we have the LESSON of SODOM AND GOMORRAH to teach us what GOD WILL DO if we ALLOW HOMOSEXUALITY TO THRIVE IN OUR MIDST!!! Shocked! Crazy Barf Monster BRAINS! Panic Attack!
Re: Same-Sex marriage Federal Case [message #86876 is a reply to message #86870 ] Mon, 25 January 2010 15:23 Go to previous messageGo to next message
Cynthialee  is currently offline Cynthialee  UNITED STATES
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Katie wrote on Mon, 25 January 2010 15:14
Caffeine Reader The problem here is that the nutjobs BELIEVE they have to SAVE AMERICA from the evil HOMOSEXUAL MENACE! After all, we have the LESSON of SODOM AND GOMORRAH to teach us what GOD WILL DO if we ALLOW HOMOSEXUALITY TO THRIVE IN OUR MIDST!!! Shocked! Crazy Barf Monster BRAINS! Panic Attack!

It is scarry but it is true. How long before they start screaming for us to be stoned at the city gates for sodomy and immoral acts?
I fear very little in this world but religiuos fanatisism and moral demagogary raise my fear hackles fast.
The sad thing is that I see no way to reason with religious bigots who are convinced that thier interpritation of scripture is the be all end all of moral guidance. I see the tradional values esposed by the fanatic, a system of overt and moraly bankrupt rules to maintain the power and prestige of the priest class.
Even educatation is no proof against the type of insanity that religion breeds.
For me give me that old time religion...real old, like say 10,000 years ago old.
Re: Same-Sex marriage Federal Case [message #87031 is a reply to message #86876 ] Tue, 26 January 2010 06:36 Go to previous messageGo to next message
Jennywocky  is currently offline Jennywocky  UNITED STATES
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Cynthialee wrote on Mon, 25 January 2010 18:23

It is scarry but it is true. How long before they start screaming for us to be stoned at the city gates for sodomy and immoral acts?


Despite sounding cynical above, I doubt that extreme will happen either.

I mean, aside from the REAL fundies, these guys want to be known as "compassionate conservatives." Their whole aim in life is "love the sinner, hate the sin."

That means they can insult us publicly, humiliate us publicly, try to restrict the normalcy of our lives by taking away bathroom privs and birth certificates and employment opportunities, they can keep their children away from us, they can make us wear scarlet T's on our foreheads, they might even try to lock us up at some point for being trans or force us to get mandatory HRT for our birth gender...

... but I don't think they'd try to kill us.

After all, that's pretty unamerican; and it would also mean shedding of blood, and frankly people are fine with bitching loudly and going on their pet crusades and all that, but very few (by percentage) will indulge in actual violence or kill others if not previously inclined to behave without restraint.

They don't want to sully their hands, and it offends their self-image of being "loving" people. Their lives would have to change.

Right now they can do all this shit to us and cast their votes and still live their comfortable little lives without fear of real challenge or destabilizing things for themselves.

People like having voice and power without responsibility for their actions. Blood changes that.

Quote:
The sad thing is that I see no way to reason with religious bigots who are convinced that thier interpritation of scripture is the be all end all of moral guidance. I see the tradional values esposed by the fanatic, a system of overt and moraly bankrupt rules to maintain the power and prestige of the priest class.


Well, there's a decent change the 'pubs will swing even further right, as they have been, and wipe out moderate voices in the party.

I hope it works. There is no faster way to make their opinions superfluous in society and for them to lose power.

[Updated on: Tue, 26 January 2010 06:38]

Re: Same-Sex marriage Federal Case [message #87036 is a reply to message #87031 ] Tue, 26 January 2010 07:32 Go to previous messageGo to next message
Katie  UNITED STATES
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Jennywocky wrote on Tue, 26 January 2010 04:36
People like having voice and power without responsibility for their actions. Blood changes that.

I sense another signature tag coming on.
Re: Same-Sex marriage Federal Case [message #87747 is a reply to message #86870 ] Sat, 30 January 2010 16:00 Go to previous messageGo to next message
Jamie  is currently offline Jamie  UNITED STATES
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Katie wrote on Mon, 25 January 2010 18:14

The problem here is that the nutjobs BELIEVE they have to SAVE AMERICA from the evil HOMOSEXUAL MENACE! After all, we have the LESSON of SODOM AND GOMORRAH to teach us what GOD WILL DO if we ALLOW HOMOSEXUALITY TO THRIVE IN OUR MIDST!!!



I have read the story about Sodom and Gomorrah and I saw no mention of homosexuality. The reason the cities were destroyed was because their sin was very grievous. If you think the only reason the cities were destroyed was because of homosexuality, you're wrong.

An example of the type of grievous sin being referred to is detailed in chapter 19. Lot took in a couple of strangers and men of the city demanded that Lot turn them over to them for the purpose of forcible rape. They even attempted to assault Lot.

I believe the term 'homosexuality' normally refers to sex between consenting adults. There was no consensual acts described here, just actions that would be considered felonies today.

At least, that's how I read it. Forcible rape is not gender specific and homosexuality misses the point of what was described and is irrelevant to the issue of Sodom's destruction.

I think the point being made by this story is that indescribable evil will bite you in the butt (so to speak).

Jamie
Re: Same-Sex marriage Federal Case [message #87761 is a reply to message #87747 ] Sat, 30 January 2010 17:47 Go to previous messageGo to next message
Katie  UNITED STATES
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Jamie wrote on Sat, 30 January 2010 14:00
Katie wrote on Mon, 25 January 2010 18:14

The problem here is that the nutjobs BELIEVE they have to SAVE AMERICA from the evil HOMOSEXUAL MENACE! After all, we have the LESSON of SODOM AND GOMORRAH to teach us what GOD WILL DO if we ALLOW HOMOSEXUALITY TO THRIVE IN OUR MIDST!!!



I have read the story about Sodom and Gomorrah and I saw no mention of homosexuality. The reason the cities were destroyed was because their sin was very grievous. If you think the only reason the cities were destroyed was because of homosexuality, you're wrong.

An example of the type of grievous sin being referred to is detailed in chapter 19. Lot took in a couple of strangers and men of the city demanded that Lot turn them over to them for the purpose of forcible rape. They even attempted to assault Lot.

I believe the term 'homosexuality' normally refers to sex between consenting adults. There was no consensual acts described here, just actions that would be considered felonies today.

At least, that's how I read it. Forcible rape is not gender specific and homosexuality misses the point of what was described and is irrelevant to the issue of Sodom's destruction.

I think the point being made by this story is that indescribable evil will bite you in the butt (so to speak).

Jamie


You've preachin' to the choir, Sweetie. You and I are in complete agreement here.
Re: Same-Sex marriage Federal Case [message #87877 is a reply to message #86191 ] Sun, 31 January 2010 11:11 Go to previous messageGo to next message
Charlene  is currently offline Charlene  UNITED STATES
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There's loads I don't know about the Bible, but Jamie, your understanding of Chap 19 & the whole S&G story is exactly the same as mine. And more than a few others'.
Re: Same-Sex marriage Federal Case [message #87884 is a reply to message #87877 ] Sun, 31 January 2010 12:39 Go to previous messageGo to next message
Derrie  UNITED STATES
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Charlene wrote on Sun, 31 January 2010 13:11
There's loads I don't know about the Bible, but Jamie, your understanding of Chap 19 & the whole S&G story is exactly the same as mine. And more than a few others'.

Nod

(essay deleted! Laughing )


Re: Same-Sex marriage Federal Case [message #87897 is a reply to message #86191 ] Sun, 31 January 2010 13:58 Go to previous messageGo to next message
rach  is currently offline rach  UNITED STATES
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I'm not being cynical to say that it's a bad time to send this to the high court. Our courts (all courts of all nations) ignore science and are actually anti-scientific, so all they can base their decisions on are their subjective thoughts/feelings. And those seem to be reactionary at the moment.

We really just need to make sure the democrats stay in the white house so we can replace these right-wing subjective ideal to the left-wing subjective ideals. Unfortunately, that's the best we can do at the moment.

But I'd be wonderfully surprised if I was wrong on the decision.
Re: Same-Sex marriage Federal Case [message #87906 is a reply to message #86191 ] Sun, 31 January 2010 14:49 Go to previous messageGo to next message
lisagurl  UNITED STATES
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This country was founded on the principles of freedom and liberty. However the founding fathers also believed in the citizens would have responsibility to work problems out among neighbors. They knew people had different beliefs and traditions but the key is just to tolerate a unyielding neighbor not embrace them.
Morals and ethics come taught from parents and tradition. Nietzsche brought about modern relativism which destroyed local culture (a German word) to make a world of multiculturalism where no one has an identity or roots that prefer to keep historic values and the good.

Our educational system is tuned to make most people workers for a global aristocracy as they provide all the needs and vices to keep people slaving for them.

It takes lots of work to keep freedom. It can be done by removing laws not making more. What the astute lawyer would do is challenge the government's right to declare marriage in the first place.
Re: Same-Sex marriage Federal Case [message #87935 is a reply to message #87906 ] Sun, 31 January 2010 17:48 Go to previous messageGo to next message
KayA  is currently offline KayA  UNITED STATES
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Quote:
government's right to declare marriage in the first place


I have to agree with that... There should be no governmental incentives for a religious ceremony. Ted Olsen actually alluded to that point in a couple of places.

The Judge will rule in favor of same sex marriage side, he appears to think that same sex marriage is legal (just my feeling). What both sides are doing right now is setting up the evidence record for higher court. The problem for the anti-same sex marriage side is they have put real crack pots "experts" on the stand who didn't even do any research... In many places there "experts" were quoting studies from the 30's or 40's and even then misquoted them... Boies and Olsen really did a good job.

Once this record is created, both sides can not put new witnesses on the stand in higher court. They can only argue the evidence case that is in the record.... In this case a big advantage for same sex side because the Anti's did such a horrible job.
Kay

[Updated on: Sun, 31 January 2010 17:51]

Re: Same-Sex marriage Federal Case [message #88001 is a reply to message #86191 ] Sun, 31 January 2010 19:51 Go to previous messageGo to next message
Derrie  UNITED STATES
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Re: Same-Sex marriage Federal Case [message #89773 is a reply to message #87761 ] Wed, 10 February 2010 19:54 Go to previous messageGo to next message
Jennywocky  is currently offline Jennywocky  UNITED STATES
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Katie wrote on Sat, 30 January 2010 20:47
Jamie wrote on Sat, 30 January 2010 14:00
Katie wrote on Mon, 25 January 2010 18:14

The problem here is that the nutjobs BELIEVE they have to SAVE AMERICA from the evil HOMOSEXUAL MENACE! After all, we have the LESSON of SODOM AND GOMORRAH to teach us what GOD WILL DO if we ALLOW HOMOSEXUALITY TO THRIVE IN OUR MIDST!!!



I have read the story about Sodom and Gomorrah and I saw no mention of homosexuality. The reason the cities were destroyed was because their sin was very grievous. If you think the only reason the cities were destroyed was because of homosexuality, you're wrong.

An example of the type of grievous sin being referred to is detailed in chapter 19. Lot took in a couple of strangers and men of the city demanded that Lot turn them over to them for the purpose of forcible rape. They even attempted to assault Lot.

Jamie


You've preachin' to the choir, Sweetie. You and I are in complete agreement here.


Exactly.

Nothing to do with consensual same-sex relationships; everything to do with sexual violence meant to insult and humiliate the victims as much as possible.

It's all right there, and I'm still not sure where they get these twisted readings.

KayA wrote on Sun, 31 January 2010 20:48
Quote:
government's right to declare marriage in the first place


I have to agree with that... There should be no governmental incentives for a religious ceremony. Ted Olsen actually alluded to that point in a couple of places.

The Judge will rule in favor of same sex marriage side, he appears to think that same sex marriage is legal (just my feeling). What both sides are doing right now is setting up the evidence record for higher court. The problem for the anti-same sex marriage side is they have put real crack pots "experts" on the stand who didn't even do any research... In many places there "experts" were quoting studies from the 30's or 40's and even then misquoted them... Boies and Olsen really did a good job.

Once this record is created, both sides can not put new witnesses on the stand in higher court. They can only argue the evidence case that is in the record.... In this case a big advantage for same sex side because the Anti's did such a horrible job.
Kay


Interesting explanation, thank you. I hope it plays out that well.

[Updated on: Wed, 10 February 2010 19:55]

Re: Same-Sex marriage Federal Case [message #90047 is a reply to message #89773 ] Fri, 12 February 2010 14:52 Go to previous message
Wendy C  UNITED STATES
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Quote:
Chad Griffin, chair of the board of the American Foundation for Equal Rights, said he was thrilled that the trial put "those who attempt to provide justification for discrimination" under oath for the first time.

"I think they found in a court of law, it's quite different from on a political campaign where you can say anything and get away with it," Griffin said. "In a court of law, you're under oath and you actually have to tell the truth -- and you have to answer to those truths under oath. And I think that proved difficult for the defendant-interveners in this case."


I think this says a lot in this issue and most other issues as well.
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