Friday, May 16, 2008

Gay Marriage

California Supreme Court overturns gay marriage ban:
The California Supreme Court struck down the state's ban on same-sex marriage Thursday in a broadly worded decision that would invalidate virtually any law that discriminates on the basis of sexual orientation. ...

Although critics of the ruling, including the dissenters, argued the court should have waited for the voters to decide the question of same-sex marriage, "the majority is not always supposed to have its way" in constitutional democracies, said University of Pennsylvania constitutional law professor Kermit Roosevelt, one of many legal scholars who weighed in on the case Thursday.


  1. Let the voters decide? Whoever said that must have been asleep at the wheel for the past eight years, or perhaps they are the wheel.

  2. It's all very simple. Proposition 22 limited homosexual couples to civil unions. Civil unions are "separate but equal" institutions. "Separate but equal" is unconstitutional. Ergo yesterday's decision. This takes only a very basic working knowledge of civil rights to figure out.

    Which means, of course, that some 6 million of my fellow Californians clearly voted for Prop. 22 in 2000.

    It's like Ron White says: "You can't fix stupid."

  3. Thanks for pointing that out about the civil union angle, James. The news report I saw first didn't mention that. Civil unions are marriages, ostensibly. I guess its congrats and a toast to the liberals.

  4. Jim: I guess its congrats and a toast to the liberals.

    I assume you mean "liberals" in the sense of those Americans who take the Constitution seriously.

  5. Yeah. If 61% of the people outlawed his religion, I'll bet he'd sing a different tune.

  6. If one is interested in this issue, I strongly recommend reading
    the opinion. I was pleasantly surprised as to how much the court dealt with anticipated claims, such as the “slippery slope” to polygamy, or the fact “marriage” is not mentioned in the constitution, etc. Lays it out very nicely (albeit very wordy.)

    And one of the things the court anticipated was the complaint about 61% of the voters on Proposition 22, and whether they were going against what people wanted. The example the court used was striking. It noted previously, in California, the legislature passed a law against discriminating regarding housing.

    The California voters passed a similar initiative to ALLOW discrimination when it comes to housing.

    Thankfully, the California Supreme Court struck down the voter’s initiate as unconstitutional. Are there cries to bring back discrimination in housing, since that is what the Californians want?


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