California
Normally when I write about California, it is about a great family trip we have taken with pictures of our little one, but sadly today I have to write about how one of the most forward thinking states in our country has taken a huge step backwards by allowing Prop 8 to stand. Today the California Supreme Court said the ban on same-sex marriage last November to be constitutional based on the will of the electorate. They did however say that the marriages that happened before November will stay legal.
strongWHAT!!! That doesn’t even make sense./strong
1. What about the 14th Amendment to the US Constitutionbr /blockquote/blockquoteblockquotepspan style=”font-size:85%;”Section 1.All persons born or naturalized in the United States, and subjectbr /to the jurisdiction thereof, are citizens of the United States and of the Statebr /wherein they reside. strongNo State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States/strong; nor shall any State deprive any person of life, liberty, or property, without due process of law; strongnor deny to any person within its jurisdiction the equal protection of the laws./strong/span /p/blockquote2. Also marriage is a religious institution and according to the first amendmentbr /of the US Constitution, we have a seperation of church and state in thisbr /country.
I am so saddened that people in our country are continuing to be denied equal rights.
emLet’s hope that the lawyers for same-sex marriage will appeal to the US Supreme Court and that the new justice (possible new justice) will be on the side of what is right and fair in this country. Its not about your religious beliefs its about allowing all people to pursue life and liberty. This country was founded on religious freedom and tolerance. Religion should not be brought into this, its about allowing citizens of this country their rights./em
Kirk
Blame Jerry Brown for making a particularly terrible argument in front of the CA Sup. Court. Basically, he tried to argue that the residents of California can’t change the constitution via referendum, despite the fact that the CA Constitution says you can. It was one of the most embarassing arguments to come in front of that court, ever and as a result, Jerry Brown will probably bow out of he CA gubernatorial race. This wasn’t unexpected either; from the moment he made the argument, both sides who follow legal arguments knew Prop 8 was going to remain legal. br /br /Second, marriage is a contract between two people and the state, states have the right to limit who gets access to that contract. Marriage is not a right. br /br /Finally, CA gays have way way way more rights than just about every other state in the union. Civil unions in CA grant every single right that marriage does, its just a different name. If thats discriminatory or hurts homosexuals somehow, then I am Dolly Parton. The reaction from CA gays today has only hurt thier cause, because the ruling was in line with the law, which is why it was 6-1. The dissenting justice basically ignored the case to write that he thinks gay marriage is just dandy.
Anonymous
We citizens of CA have voted twice and the Gays have chosen to ignore what the majority of the citizens of the State wants. Kirk you are right that Gays in CA have way more rights than almost any State. I feel if they don’t like what the majority of us want – pack up and leave CA, go form their own State or their own country. br /Jean
Christine Hull
Its not about what the citizens of California want, there is a supremacy clause of the US Constitution which makes the US Constitution more important than the CA constitution. br /br /Nana, I know how you feel but again those feelings are based on your religious beliefs not the foundations of this country. This country was founded on freedom for all people, so many people fought for the freedoms we have, including women. br /br /Also its really rude to call people “the gays” and tell them to pack up and leave.br /br /And even though officially anything over 50% is a majority, millions of citizens voted against this proposition, what about how they feel? br /br /I did not make this post to start any arguments, I simply posted to vent about my personal feelings and that as a citizen of the United States I feel that all citizens should be treated equally and I was hoping that California would lead the way in that they way they always have.
Anonymous
I say if they are happy let them get married. Who are we to try and stop someone from feeling how they feel. When was the last time a gay person comitted a crime? Who are they hurting? They aren’t trying for force how they feel on anyone. Let them be and let them be happy. I agree we need to take religion out of it. People need to become more open minded and accept change as it has hapened in the past and will continue to do so. Our country was founded on Change. Look how far the rights of differant colored skin and women have come. It took a while for that to be accepted and in many parts still isn’t accepted. Change is enevitable. I think it is about time we had a change in the state.br /br /Nicole
DB
I have yet to come across a logical argument why gay marriage should be illegal that does not fall back on Biblical arguments taken out of context. Just like every other civil rights battle in our nations history, conservatives and others hoping to maintain “tradition” (and force that on others) have used their out-of-context misinterpretations of their Bibles to justify their small world-view until society no longer finds it acceptable (otherwise we would still see Bible verses justifying separate but equal, Loving vs Virginia, anti-suffragists, slavery, etc). It isn’t like the Bible changes, just the radical interpretations of it. They can justify it all they want to make themselves feel better right now, but in the end this is a lost battle and they know it. Gay marriage will become a reality in time.
Lauren Bradfield
I absolutely 100% agree with you Christine! To deny equality based one sexual preference is blatant discrimination. To deny it based on your personal religious belief which you are enacting into law is a violation of church and state. When we do this, the foundations America was founded upon (which, I would like to get out in the open ARE NOT Christian foundations but foundations of freedom and liberty…by the way, the founding fathers were Deists, not Christians)are pushed aside. This makes us no better than Saudi Arabia which forbids women to go to school or be seen without a family male escort because their religion tells them to.
Will Hull
Thanks everyone for your comments. br /br /Our country was set up in defense of rights. The right to free speech, assembly, press, bear arms etc. All of these are a defense of the government from overreaching and usurping the power derived by the people. br /br /Indeed, the people voted on this proposition in California and they have spoken and the courts are often seen as an advocate for minority rights when the majority is out of line. I hope that the equality clause is utilized in some manner to override this decision and also find its way to the Supreme Court so that not just a few states, but all states and territories are subject to the ruling. br /br /However, with as many conservatives as there are on the bench right now, I think the gay marriage coalition needs to wait until a window of opportunity presents itself on the bench. Right now, with as many as President GWB had the opportunity to appoint, it may be a while before this happens. br /br /The institution of marriage is both a state and religious institution. Taxes, pensions etc are all affected by anything that can happen here. It isn’t merely about those who want to get married being happy or not. I do think that we should allow gay marriage, but this also opens Pandora’s box, per se, in advocating for polygamy or possibly other methods of marriage. There is a lot to think about and the impact could be far reaching and unforeseen. In any extent, however, I believe in tolerance and inclusion in our society on the grounds of equality and by The State (meaning any government not yet allowing it) denying it is voiding a breach of equality that is guaranteed in the Constitution of the United States.br /br /All we can do is wait and see, as we are not the ones on power and we need to communicate our preferences, for or against, to our Congressional delegations, President and in our communities with others. br /br /If you are interested in advocating for gay marriage, I encourage you to visit http://www.couragecampaign.orgbr /br /Thanks.