MSD

http://www.courtinfo.ca.gov/opinions...ts/S168047.PDF
At least the pre-Prop 8 marriages are still legal.

Constitutions are intended to protect minority groups from the tyranny of the majority. California has a system in place that allows their constitution to be modified by a simple majority vote, while my understanding is that removing amendments like the one Proposition 8 made requires a 3/4 majority vote in both the population and the legislature. This is fucked up and I expect to see a strong push for a constitutional convention in the next few years. Supreme courts have established it as not only their right, but their responsibility to protect the minority when the majority is against them. To treat this as a procedural issue when it violates equal protection is mind-boggling.

I was taught that "separate but equal" was a thing of the past, but my generation is seeing it unfold as one of the biggest issues of our time. Civil unions are not marriages - even if they're identical at a state level, hundreds of rights are denied at the federal level including little things like joint filing on taxes, the right to make medical decisions, and 5th amendment rights extended to your spouse. It's not a religious issue, it's a civil rights issue, and the government of California failed its constituents big time with this one.

Willravel

Expect this to appear first thing on the next ballot and expect that the ad campaigns to reinstate marriage equality will be a lot stronger. They controlled the message last time. That won't happen again.

Edit: and the federal government still is giving us problems with the medicinal marijuana thing.

Baraka_Guru

The battle isn't over. They gay community doesn't roll over easily; they've been going strong since the '80s, and they have many allies.

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Willravel

I just read a brilliant passage from Dr. MLK that felt appropriate:

This passage may be about racial equality, but change a few words and it's a beautiful and powerful message about the efforts to establish equal rights for homosexual people.

I sincerely hope that, in my lifetime, a gay person could run for president and win if he or she so chose.

Cynthetiq

how are you going to tell if it is prop 8 valid? meaning will those that are valid will they have to carry their marriage licenses with them to show at all times?

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ametc

I wonder why people, throughout history, have made such a big deal out of homosexuality. In the greater scheme of things, how does whether or not I like men matter at all?

ratbastid

Wow, that's a good question... This thing leaves all kinds of logistical problems to sort out.

I think that the move to leave existing marriages standing (including, to my great relief, George Takei's) leaves the door open to further Prop 8 challenges in the future.

So the wheels of justice turn slowly. But they turn.

Cynthetiq

It's even something that happens for multi-racial non-same-last name conforming marriages, especially in the early part of the 00's.

I know some women who were denied even after showing their marriage certificate.

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Willravel

It depends. Some people like to cite religion, though plenty of religious people are okay with homosexuality. Some leaders in the homophobic movement have later been discovered to have been self-hating homosexuals themselves. Some people are simply afraid of something different. It's hard to give one answer.

World's King

Oh they will roll over...



As long as it's onto another gay man.

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Hektore

Could this still be challenged in federal court under 14th amendment? I mean, If they had amended the constitution to bar blacks from marrying that would fall under equal protection right? why not this?

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MSD

I read this morning that there are over 500 amendments to the CA constitution including things like establishing the lottery, which other states have done with laws. People are saying a constitutional convention was already inevitable with the budget problems, and that this makes it certain. I sure hope so.

QuasiMondo

*deeleeted*

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iwst99

There's a lot of countries that already have legal gay marriage. I think it's only a matter of time before that spread over here. I mean, it's already started with some states, but the fact that California, out of all states, doesn't yet allow it really saddens me.

Halanna

Umm. No.

Historically:

The purpose of a constitution of a country or state is to protect the commitment of freedom under the accepted rules of law.

Generally, the accepted rules of law project that people are governed by accepted rules, as opposed to the arbitrary whims or decisions of the those who rule.

The main purpose of a constitution is to provide the government of those people the ability to protect the lives and liberties of ALL the people under that rule without violating the rights of some to provide gains for others.

Constitutions have absolutely nothing to do with minority/majority.

Read Articles I-IV of the Constitution, it deals with nothing but the branches of government and how to balance. It is all about balance of what the people want. It's simple. It's not a minority/majority conflict.

On this particular subject, all humans should have the same rights, as long as they are not physically hurting others, they should have the absolute right to live their life as they see fit. If that means marrying the same sex, than so be it. We are all equal, we all have the right to life, liberty and the pursuit of happiness, regardless of gender/race/religion/whatever you can think of. No one, NO ONE has the right to tell another person how they should/could/would spend their short, precious time on this planet. It's absurd.

drag0nmanes

Exactly, now leave my state and don't come back. There's nothing ya'll want here anymore...

ObieX

I dunno.. the constant all-year 70 degree weather in southern California is still nice

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dksuddeth

This is just about absolutely correct. I would add, however, that at least the US Constitution is set up to protect the minority from the majority, in that it takes such a huge amount of people and majority of states to amend the constitution. Back in the day, at least, when additional government power was considered needed, they would have to amend it, nowadays, all one needs to do is show a greater government interest, pass a law, and have the courts rubber stamp it.

---------- Post added at 06:16 AM ---------- Previous post was at 06:15 AM ----------

not sure about that anymore. If Cali would like to make some extra coinage, i'm sure a bunch of us here in TX wouldn't mind buying up some of that state park land that y'all are getting ready to close.

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