Prop 8 Stands ... For Now

By now I am sure y'all have heard the news that the California State Supreme court upheld Prop 8. That isn't to say that they ruled that gay marriage shouldn't exist. What it means is that the Court does not have the constitutional right to nullify the vote of the people.

The bright spot of this decision is that the Court ruled that all the 18,000+ same-sex marriages from before Prop 8 will remain and be recognized as marriages. Also, domestic partnerships will continue to be recognized in the same way they have been. but from this point, only heterosexual unions could be called "marriage". A federal lawsuit has already been filed on behalf of two men and two women. The lawsuit is also asking for an injunction on any action regarding Prop 8 until the matter is settled in federal courts.

Naturally, both sides will bring the issue to the people again either next year or the year after. Hopefully, the U.S. Supreme Court would have settled this issue by then. Ha! Yeah, even I don't think that will happen anytime soon.

Thinking about this issue ... it makes me wonder. Why is it that certain people want separation of church and state only when it suits THEIR needs? They don't want anyone telling them how or what they can worship but it something goes against their religious beliefs, then they bring religion into it. Sounds a double standard to me. Why is it that the lawmakers don't see that? They are supposedly "educated" - you would think they learned at some point that you can't have it both ways.

I think it all boils down to one thing ... throughout history, we have seen groups of people discriminated against for many things and each time the government has said that you cannot discriminate based on things like religion, race and now sexual orientation. If the federal government says you cannot discriminate based on sexual orientation, why isn't anyone stepping up? I would think by now people in this country would have learned something about equality.

Does anyone else remember Barack Obama making campaign promises regarding gay rights and equality? So far, he seems to be 0-2 ... first "no comment" on Don't Ask, Don't Tell and I don't see anyone from the White House making a comment on Prop 8 or any of the other legal battles going on seeking equal treatment for homosexuals.

In a related story, the Governor of Nevada vetoed a domestic partnership bill today. It will go back to the state legislature for another vote to overturn the veto.

Sometimes I wonder if we will ever stop being 2nd class citizens in the US.

This entry was posted on Tuesday, May 26, 2009 and is filed under , . You can leave a response and follow any responses to this entry through the Subscribe to: Post Comments (Atom) .

4 comments

I'm actually glad that they upheld prop 8. Not because I don't believe that gays should have rights. I think they should. I think they should be allowed to be treated like normal human beings. BUT at the same time it was put up to a vote and the majority ruled that they wanted marriage to just include a man and a woman. and that was the whole point of the proposition. to find out what the majority of the people wanted.

I don't think this should be taken to the federal courts as it's not really any of their business. it's the states business. but since the minority isn't happy, they have to drag it out.

Why not wait until next year and have another vote? because they know it'll just be the same outcome. They know they're in the minority and they'll never win, at least for the time being. maybe in 10 or 20 years.

and it's so funny to see them all protesting and getting frustrated cause people call them sore losers, because if it was the other way around then all the others would be protesting and they'd be calling them sore losers.

as for Obama, yah I don't expect to hear anything from him, especially since he actually believes that marriage is a unity between a man and woman only. so basically he feels the way the majority of cali does.

Wasn't that long ago that blacks in this country couldn't vote or sit in the front of a bus and countless other limitations. The majority of Americans seemed to be okay with that treatment. Should we never have made laws allowing them to be treated equally? Blacks were in the minority ... should they have not "dragged it out" by keeping up the fight for their rights?

What about when women were fighting for the right to vote? Should it still be that way?

You can't say it's not the same thing because it is. Contrary to what a lot of religious people think (and for the record, I am a Christian and even attended seminary for a few semesters), being gay is not something you choose to do. Just like you can't choose your gender or the color of your skin.

As for marriage being between a man and a woman. That is the definition according to the Bible. At least, that is the argument from those who are against gay marriage. We have this thing called separation of church and state. No one is asking churches to perform ceremonies that go against their beliefs. The other argument is that if gays can marry, that destroys the "sanctity of marriage" ... seems that hetero couples have done a great job doing that on their own seeing as the divorce rate is higher than the marriage rate.

As for "the majority of cali" voting for Prop 8 ... Not even half of the people in California even voted so how can you say the majority of california voted in favor of this discriminatory amendment. Plus, there were people who were told if they didn't vote for Prop 8, that it would interfere with their rights ... which caused many uninformed and naive people to vote for something they obvious didn't understand.

Even if there were a majority ... Just because a majority of people agree on something doesn't mean that it is right. Again, look at the fight for blacks and women to get their rights in US history.

Prop 8 wasn't about what is right or fair under the law. It was about bigotry, discrimination and hate. How the heck does whether or not gay couples can marry affect YOU or any Hetero person? Many people who voted in favor of it just don't like gay people. They may not say it, but it is true.

As for gays being "the minority" ... you obviously aren't as informed as you think. There are a lot more people than just gays who are fighting for gay marriage. And it WILL be voted on next year or the year after - be assured of that. A lot more people have become vocal since Prop 8 first passed. A lot of people who voted for it last time have since learned what they really voted yes for ... and they won't do that again.

As for the idea that it is none of the courts business ... Yes it is the court's business! That is the whole point of the judicial system - to keep the legislative and executive branches of government in check AND to interpret the law! How do you think blacks and women got the right to be equal? Federal lawsuits, that's how. ie. Brown vs Board of Education, among countless others.

Anytime a sub-culture of people is being discriminated against and not getting the same rights afforded to all by the Constitution, it's the FEDERAL courts who uphold the Constitution of the United States. How then is it not the "business" of the federal courts to make sure that all Americans are being treated EQUAL?

As for hearing from Obama, he made many campaign promises regarding gay rights. The fact that he hasn't addressed legislation involving equality for gays shows that like many of his other promises, these were empty promises. Got news for those against gay marriage ... you can't keep bringing up the Bible says this, the church says that. It is not about what your religious are - it is about what is fair and constitutional ... last time I checked, the Constitution protects people from discrimination under the law.

LisaW  

Well said Rookie! I couldn't have said it better. I'm not gay but I still believe it is their right to get married, just like a man and a women. They should be treated as equals and have equal rights under the law.

if you're just going to delete my comments might as well delete them all. I wrote those comments to answer your questions you threw at me and it's kind of childish that you would just delete that to make it look like I am the idiot, and you're the one who know's it all. but that's ok. I know the truth. go ahead and delete my first comment. I wont bother having 'discussions' with you again cause obviously you can't stand to be proven wrong or handle that what some people say may be the truth and maybe right. that maybe just maybe it's not the governments fault that gays don't have their rights, but idiotic people who don't know what they're voting for. oh well. i wont read your blog anymore, which is a shame cause i had really enjoyed it.