el_hombre_de_Dios
Joined: 26 Apr 2006
Posts: 1723
Location: Calif...Now part of Mexico..thanks to 'Open Border' liberalism
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| Posted: Fri Oct 06, 2006 1:23 am Post subject: Calif. Appeals Court Upholds Gay Marriage Ban |
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Quote: SAN FRANCISCO -- A state appeals court upheld a ban on same-sex marriage Thursday, ruling 2-1 that only the Legislature or voters can change California's traditional definition of marriage.
"Courts simply do not have the authority to create new rights, especially when doing so involves the definition of so fundamental an institution as marriage," First District Court of Appeal Presiding Justice William Mcguinness wrote for the majority.
The ruling, which will be appealed to the California Supreme Court, overturned a trial judge's decision last year that the ban violated the state Constitution. The state high court is expected to get the case by the end of the year.
Thursday's ruling follows decisions against same-sex marriage by high courts in Washington and New York. Some states have amended their constitutions to thwart legal challenges by gay activists.
The high court of Massachusetts is the only top state court to have ended a ban on same-sex matrimony.
Ruling in the California case, the court's majority said the historic definition of marriage did not deprive gays and lesbians of a fundamental right, particularly since same-sex unions have been protected under domestic-partnership laws.
"The time may come when California chooses to expand the definition of marriage to encompass same-sex unions," wrote McGuiness, who was appointed by former Gov. Pete Wilson. "That change must come from democratic processes, however, not by judicial fiat."
Court Upholds Gay Marriage Ban
The gays are trying to force their will upon the populace by 'judicial fiat.' Thank goodness the last four times they've failed. Georgia, New York, Washington, Nebraska and now California, their Supremes have all upheld what their voters passed into law.
Civil Unions: Yes
Gay 'Marriage' NO!!!! |
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