Reagan appointed judge shoots down prop 8

06 Aug 2010 10:07 #1 by JMC
Even a conservative could that it was unconstitutional.

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06 Aug 2010 11:43 #2 by pineinthegrass
Not that it really matters, but some articles say the judge was appointed by Reagan, others say by Bush #1.

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06 Aug 2010 13:22 #3 by FredHayek
And some say the judge is gay. Should he have excused himself from the case?

Thomas Sowell: There are no solutions, just trade-offs.

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06 Aug 2010 14:02 #4 by archer

SS109 wrote: And some say the judge is gay. Should he have excused himself from the case?


No more so than if the judge was married.

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06 Aug 2010 14:09 #5 by JMC

archer wrote:

SS109 wrote: And some say the judge is gay. Should he have excused himself from the case?


No more so than if the judge was married.

Exactly right, what does that matter, If the judge was straight would that make a difference?

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06 Aug 2010 15:36 #6 by FredHayek
Considering this case could give a small minority more rights, (10% or less) and the judge is in that minority, It would only be proper to step aside.
Should a Catholic judge be allowed to determine if the local Catholic Church be allowed to break a state amendment?

Thomas Sowell: There are no solutions, just trade-offs.

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06 Aug 2010 15:42 #7 by archer

SS109 wrote: Considering this case could give a small minority more rights, (10% or less) and the judge is in that minority, It would only be proper to step aside.
Should a Catholic judge be allowed to determine if the local Catholic Church be allowed to break a state amendment?



not "more" rights, equal rights. When did equal rights for all citizens become a bad thing?

when did an unconstitutional state amendment get to trump the constitution itself? We may have individual states, but they are still bound by the US Constitution. Do you think it would be OK for Utah to pass an amendment that prohibits women from voting?

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06 Aug 2010 17:51 #8 by outdoor338
Then why not a straight judge decide the case? Do you have a problem with that? JMHO

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06 Aug 2010 18:16 #9 by JMC

outdoor338 wrote: Then why not a straight judge decide the case? Do you have a problem with that? JMHO

I have a problem with putting ridiculous rules on judges. Black ,gay, female, male ,white, where does it end. Just follow the law. You would have no problem with a white male judge deciding a case concerning a woman or black, examine your prejudice. Nutty!

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06 Aug 2010 18:22 #10 by PrintSmith

JMC wrote: Even a conservative could that it was unconstitutional.

Regardless of whether it was Reagan or Bush 41, the fact remains that both of them had, as in the present day, a Congress controlled by Democrats who had the ultimate say on whether or not a judicial nominee was confirmed. That was before the time period when the Democrats felt that a president's nominees should be confirmed because elections have consequences.

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