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Prop 8 in California

Nessa

Color Me Happy
But luckily the courts forced the issue and demanded equal rights even in areas that were openly bigoted.
 

jonny

Well-Known Member
doppelgänger;1324106 said:
In some times and some places. Since you know how to find Wiki, look up "Disenfranchisement after the Civil War". Learn something. Come back and discuss.

Oh great and mighty feral philosopher. Please teach me your wisdom. I've never heard of this thing you call the "civil war." Please elaborate.
 

doppelganger

Through the Looking Glass
Oh great and mighty feral philosopher. Please teach me your wisdom. I've never heard of this thing you call the "civil war." Please elaborate.

Not until you do your homework, young padawan. If you'll please read more carefully, I didn't ask you to look up "the Civil War." Check my request again and come back with less ignorance on "Disfranchisement After the Civil War", please.

Thanks in advance for your prompt attention to this matter.
 
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Nessa

Color Me Happy
To put it in Mormon perspective, it was the war that was fought while the Mormons were in Utah fighting for their equal rights. It's actually somewhat sad that a religion that has been persecuted as Much as the LDS would have an intolerant stance on minorities.
 

Dirty Penguin

Master Of Ceremony
I'm not sure if it has been raised here....but can some one tell me what the big deal in ALLOWING gays to marry?

Sounds to me like RELIGION interfering in Government...once again....:rolleyes:

Did we throw out that (Separation of church and state)....?
 

MoonWater

Warrior Bard
Premium Member
I'm not sure if you are aware of this, but the US constitution is the legal document around which the rest of US law is constructed. It's the ultimate legal authority in your country, and state laws that violate it (like the one proposed by prop 8) will be effortlessly overturned in the Supreme court, if challenged - and such a challenge is already underway, according to Lilithu. It's not a difficult task. Even I could do it if I had the spare time.

The part relevant to this discussion is the 14th Amendment, which states:


(The astute reader will notice this is almost exactly the same wording as the part of the California constitution that the judges originally applied to remove restrictions on gay marriage.)

Please point me to the section of the US constitution which states that citizens have the right to enact and enforce regional laws that violate the US Constitution.

If you thought you ever had the freedom to impose your religious views on your neighbours just because a slight majority of them share them, you were wrong. Americans have never had that freedom - not since this document was written.

This will be defeated, and you will not have "lost" anything. You will only experience the discomfort of realizing imagined you had a particular freedom that nobody in America has ever had - the freedom to impose religious morals and practices on the public if you can get enough of them on your side.

The wealth and effort of Proposition 8's supporters have been completely wasted. I just want to drive that point home. Nothing has been accomplished. But you might as well enjoy the illusion of victory while it lasts, which might be a couple of years while the relevant lawsuits work their way toward the Supreme court.

Hey, well with that being the case this could actually end up being a good thing in a weird way. If this were to get kicked up to the federal supreme courts and they ruled against the proposition then those standards would have to apply across the board. In one fell swoop we would have gay marriage legalized in all states. The downside is that I think the federal supreme court judges tend to be more conservative so they could just as easily end up ruling against it which would be a terrible setback. At least it's getting challenged in the California supreme court. If they strike it down maybe people will finally start to get the message that discrimination and bigotry are against the law. Maybe they'll finally start accepting minorities... hey, a girl can hope can't she?
 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
It's not about equal rights because same-sex marriage is behavioral.
Much like religion, political affiliation and property ownership. :sarcastic

It will not be trumped and defeated because that would be unconstitutional to overturn the voice of the people. Then you take away EVERYONE'S freedom. it become a dictatorship rather than a democracy.
If it is defeated, it would only be done so on Constitutional (either state or federal) grounds. That is also the voice of the people.

Wow! So it's fine with people to not have their 15 year old daughter tell them they are pregnant and intend to get an abortion, but it's somehow horrible if Victor and Cory, who live hundreds of miles away, get married?????? :thud:
I hope it's more that people object to creating new grounds for people to sue doctors who perform abortions, with the aim of driving as many as possible out of the area of practice... creating an effective abortion ban, since a true legal one seems out of grasp.

Does your country recognize gay marriage?
Mine does. Society has yet to collapse.
 

lilithu

The Devil's Advocate
I'm not sure if you are aware of this, but the US constitution is the legal document around which the rest of US law is constructed. It's the ultimate legal authority in your country, and state laws that violate it (like the one proposed by prop 8) will be effortlessly overturned in the Supreme court, if challenged - and such a challenge is already underway, according to Lilithu.
Nope, I was wrong. There isn't a challenge already underway.



There are THREE. :D
Gay rights backers file 3 lawsuits challenging Prop. 8 - Los Angeles Times


Just to clarify, the lawsuits are directed towards the California State Supreme Court, the same court that recognized the right to marriage equality a few months back, not the Federal U.S. Supreme Court. The reason why is because the situation has changed and thus the lawsuit is different. The previous suit claimed that denying same-sex marriages constituted discrimination (and the court agreed). These new lawsuits are based on the fact that prop 8 took away a right from a group that had already been recognized. Can't do that. Nope. :no:
 

MoonWater

Warrior Bard
Premium Member
I've just been informed by riverwolf that same-sex marriages that are already in place will still be valid even if prop 8 makes it through the court system. I'm not sure where he got the info but maybe he'll drop by and post a link(if I light a fire under his bum:D)

What really makes me upset about this whole scenario is the fact that the most likely reason behind why prop 8 got the majority vote wasn't because the majority of people wanted it to pass, but because many people who were against it were of the mindset that "there's no way it will pass, so there's really no point in me going out to vote." My mom just told me that my brother didn't go out and vote because he thought "there's no way it'll pass anyway.":fork:. And I imagine many others had that same mindset. Well maybe this will act as a wake up call to those people that YES IT DOES MATTER.
 

stacey bo bacey

oh no you di'int
I've just been informed by riverwolf that same-sex marriages that are already in place will still be valid even if prop 8 makes it through the court system. I'm not sure where he got the info but maybe he'll drop by and post a link(if I light a fire under his bum:D)

What really makes me upset about this whole scenario is the fact that the most likely reason behind why prop 8 got the majority vote wasn't because the majority of people wanted it to pass, but because many people who were against it were of the mindset that "there's no way it will pass, so there's really no point in me going out to vote." My mom just told me that my brother didn't go out and vote because he thought "there's no way it'll pass anyway.":fork:. And I imagine many others had that same mindset. Well maybe this will act as a wake up call to those people that YES IT DOES MATTER.

I also thought maybe the wording might have confused people. I don't live in CA so I don't know what it read like, but maybe that was another factor?
 

MoonWater

Warrior Bard
Premium Member
I also thought maybe the wording might have confused people. I don't live in CA so I don't know what it read like, but maybe that was another factor?

I don't think so as on the ballot it specifically said "will remove(or deny) RIGHT of same sex couples to marry." I don't know if that's the exact wording but I know it's close. And I just feel the need to emphasize the word "right" for those who fail to see that this is in fact a rights issue.
 

MoonWater

Warrior Bard
Premium Member
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