The first federal trial to determine if the U.S. Constitution prohibits states from outlawing toeivah marriage gets under way today, but it won’t be broadcast – at least for now. The U.S. Supreme Court ruled today that it will not allow video of the trial to be posted on YouTube.com, even with a delay, until the justices have more time to consider the issue. It said that today’s order will be in place at least until Wednesday.
Opponents of the broadcast say they fear witness testimony might be affected if cameras are present.
The case, which is expected to last two to three weeks, involves a challenge to Proposition 8, the toeivah marriage ban approved by California voters in November 2008.
The trial pits two couples who claim the ban violates their federal constitutional rights to due process and equal treatment, against the voter-won proposition which defines marriage as between a man a woman.
Regardless of the outcome, the case is likely to be appealed to the U.S. Supreme Court, where it ultimately could become a landmark that determines if toeivah Americans have the right to marry.
CBS News legal analyst Trent Copeland says the “fundamental issue at play is whether or not a proposition – a measure passed by the will of the people – if it violates the federal constitution, which one prevails?”
The judge who will render a decision, Chief U.S. District Judge Vaughn R. Walker, has asked lawyers arguing for and against the ban to present the facts underlying much of the political rhetoric surrounding toeivah marriage.
The sponsors of Proposition 8, which passed with 52 percent of the vote, won permission to defend the law in court after Gov. Arnold Schwarzenegger and Attorney General Brown refused to. The attorney general and the governor are defendants in the case because of their positions in state government.
While other courts have wrestled with the constitutional issues raised by prohibiting toeivah marriages – the Supreme Court last took a look at the issue 38 years ago – Walker’s court is the first to employ live witnesses in the task. Among those set to testify are the leaders of the Proposition 8 campaign, academic experts from the fields of political science, history, psychology and economics, and the two plaintiff couples.
{News Agencies/Noam Amdurski-Matzav.com Newscenter}
Let us all do our part to safeguard the
sacred institution of marriage, which has always
been defined as a union meant only for a man
and woman.
Righteous lawyers and legal scholars should
do their utmost to defeat the wickedness of
the radicals who are supported by
ultra-liberals.
May HASHEM bless the good people who
fight against the evil lobby which
acts against morality.
Please allow me to give Matzav readers a brief rundown of the Toeiva so-called “marriage” saga in California. In the primary election held on March 7, 2000, a good bill that denied Toeiva marriage, titled the “Defense of Marriage Act,” Proposition 22, was approved with an over 61% majority. On, February 12, 2004, the just elected new severely wicked mayor of San Francisco, Gavin Christopher Newsom, Yimach Shemo V’Zichro, brazenly flaunted this law as he ordered the city clerk to make marriage licenses for Toeiva couples. With massive media coverage, he himself performed several thousands of Toeiva marriage ceremonies right at the front steps of the building of the city hall across from the large Civic Center Plaza in downtown SF. Needless to say, this propelled a rocketed boost to the Toeiva marriage thingy, with the media subsequently reporting several city and town mayors accross the country making Toeiva “marriages.”
After about 4,000 of these “marriages” done though, the state supreme court told the city to stop. The wicked mayor and other Toeiva supporters thus petitioned the court with a lawsuit against Prop 22.
Furthermore, the liberal controlled California State Legislature also flaunted Prop 22 as each year, it passed a Toeiva marriage bill; however, Govenor Arnold Schwarzenegger, a liberal Republican who does support most Toeiva issues, repeatedly vetoed it (as it was against Prop 22). On May 15, 2008 though, in response to Mayor Newsom’s lawsuit, the wicked California State Supreme Court finally decided that Prop 22 WAS actually illegal!! (Of course, the fancy word that they use is “unconstitutional.”)
So for the November 2008 election, some good people proposed a ballot measure to deny Toeiva marriage that would be an actual amendment to the state constitution. It was titled the “California Marriage Protection Act” – Proposition 8.
The campaign was a severely bitter one. Many liberal government officials (including Govenor Schwarzenegger) and several “mainstream” corporations — including The New York Times and Google — announced their opposition to Prop 8. A number of them actually donated large amounts of money to the effort to defeat it. These included:
The famous jeans manufactioner, Levi Strauss & Co., $25,000.
The famous computer company, Apple Inc., $100,000.
The local power company, Pacific Gas & Electric (PG&E), $250,000.
(See http://www.findingdulcinea.com/news/business/October-08/Apple-Joins-Fight-Against-Proposition-8.html)
The donations to defeat it totaled $43.3 million. The donations to support it totaled $39.9 million. The Toeiva people complained that most of this pro-8 money came from religious organizations. Almost daily, the media reported on the countless heated public rallies held by both sides. The media also reported instances of large numbers pro-8 yard signs being knocked down.
Boruch HaShem, on November 4, 2008, Election Day, Proposition 8 was approved with just over a 52% majority.
Right away though, the Toeiva people and their groups went to the state supreme court with the complaint that the amendment procedure was not correctly followed and thus Prop 8 should, Chalila, be invalid!! Boruch HaShem though, on May 26, 2009, the court decided to “pretty much” uphold Prop 8: they said that Prop 8 was valid; however, this will be only for THE FUTURE, but those Toeiva “marriages” that had been done before the passage of Prop 8 (which are about 18,000 cases) will also be valid!!
Now, as reported here, the bad people are trying to make a stink of it in the US Federal Court system.
It is completely obvious that in the coming 2010 or 2012 election, the Toeiva people and their cronies plan to have a new proposal to, Chalila, put in a new amendment to the state constitution to completely undo Prop 8!!