Prop 8 lawyers file appeal against gay marriage ruling

[WillParkinson]

Prop 8 lawyers file appeal against gay marriage ruling

Anti-gay marriage lawyers filed an appeal of the Proposition 8 ruling with the Ninth Circuit Court of Appeals, reported TPM.

In August, federal judge Vaughn Walker found the California ballot measure restricting marriage to a man and a woman to be unconstitutional.

In the brief, they argue that marriage is defined by the ability of heterosexual couples to procreate:

“The essential question in this case, then, is whether such unions possess distinguishing characteristics that are relevant to marriage,” they write. “This is not a hard question. Indeed, because of the distinguishing procreative characteristics of heterosexual relationships, until quite recently ‘it was an accepted truth for almost everyone who ever lived, in any society in which marriage existed, that there could be marriages only between participants of different sex.’”

“Nowhere in its 136-page opinion does the district court even cite any of the evidence overwhelmingly acknowledging responsible procreation and child-rearing as the animating purpose of marriage,” the brief reads.

http://www.365gay.com/news/prop-8-lawyers-file-appeal-against-gay-marriage-ruling/

[chaplainM]

1. So....why didn't they argue that at the trial? eom

[AC_Mem]

2. Grasping at straws..

Gay marriage is going to happen. They may try their best to slow it down, but the wave is building and its going to carry us through to another breakthrough for human rights. They cannot stop the wave of change and evolution of spirit.

Humans have a right to be happy and to form a union with each other. It is just beyond my comprehension how people in this world today want to take away another person's right to happiness, love and commitment.

[Unvanguard]

9. They did. As far as the substantive issue goes, there is nothing new in the brief.

Aside from a few citations.

[sinkingfeeling]

3. You know, I'm 62 + years old and never knew until today that marriage was only

for procreation and child-rearing. Here I thought it was about love, sharing, and companionship.

[DearAbby]

4. those who can not have children

does this mean their marriage is null and void?

[foxfeet]

5. Apparently post-menopausal women are SOL,

as are men with very low sperm counts. No marriage for you!

[AC_Mem]

7. Post-hysterectomy

So I guess any future marriage for me is out - right?

[foxfeet]

8. Guess so.

You'll just have to "live in sin" like the rest of us. At least if these fools get their way.

[atreides1]

6. To sort of quote Justice Scalia

Laws of procreation aren't in the Constitution.:D

[Steakman1989]

10. Me thinks they fail

“Nowhere in its 136-page opinion does the district court even cite any of the evidence overwhelmingly acknowledging responsible procreation and child-rearing as the animating purpose of marriage,"

That's the job of the proponents in court, and wait, their two witnesses to argue that were discounted as frauds and shams. They should know that even if they get to appeal, its gonna be a disaster because (and please correct me if I'm wrong) they cannot bring in new evidence.