can i just say

california WINS! i’m sure most of you have heard about this, but if not,
see why here.


3 responses to “can i just say

  1. California did not win, judicial activism won, which is a smack in the face because it went against direct democracy. Four judges have overidden the will of millions of Californians. Back in 2000 they tried to ammend the CA constitution to allow gay marraige and it was shot down hard.

    It’s not that I have an opinion either way on this subject, it was the way it was enforced, by 4 out of 7 judges injecting their own moral ethics into law-making. It’s the exact opposite of what they’re supposed to do, judges do not make laws. So now the issue will be put on the ballot in November because there were some 1.1 million signatures (when only 650,000 were required). And it looks like it’ll be shot down again.

  2. well… i think she meant “california wins” because it’s one of only two states to show support of homosexuals. therefore, it’s at the top of it’s class.

    i can see what you’re saying, about going against direct democracy, but you really can’t be supporting personal choice when it comes to voting, but against personal choice when it comes to marriage. besides, this country isn’t even a democracy, and we have a judicial system for just such occasions…

    in california, a law becomes part of the statutes if it gets at least 51% of the popular vote, but should that be the case if the law obviously infringes on the state constitution? these judges didn’t make a new law, they removed pre-existing laws that were unconstitutional and should never have even made it to the ballot.

    one law was from 1977, which defined marriage as one man, one woman.

    the second was proposition 22. the thing you were kind of refering to. i say ‘kind of’ cuz you have some facts wrong. nobody tried to ammend the constitution in 2000, and nothing got shot down. instead, it was prop 22, which is just a law that specifies marriage as “a personal relation arising out of a civil contract between a man and a woman”, that was passed. 61% of the people voted for it. then, in 2005 a bill to legalize same-sex marriage was passed by both the senate and state assembly, but was vetoed by schwarzenegger ONLY because prop 22 was now in the statutes. again, in 2006, the same thing happened. both times, the governor ‘wrote in his veto statement that to solve the issue of gender-neutral marriage, the CALIFORNIA SUPREME COURT needed to finish its rule on the challenge which had been made to Proposition 22’.

    basically, both the legislature AND the governor wanted to pass the same-sex marriage bill, but couldn’t until the courts came to a final decision on the 2004 lawsuits that claimed proposition 22 was unconstitutional.

    so, where we are now is that the supreme court finally ruled, declaring both laws unconstitutional on equal protection grounds, meaning you can’t discriminate based on race, sex, or religion, and on the basis that marriage is a fundamental constitutional right.

    as for the judges, i don’t know if it’s fair to say that they were only acting on behalf of their morals. of course, for any human, it would be very hard to seperate your personal beliefs from the decision making process, and i’m sure religion, among other things, was a factor into how these judges voted. however, i feel that if you look at all of the info i’ve provided, it seems the judges most likely to be voting based more on ethics than the constitution would be the 3 who were against the ruling.

    the only interests identified to justifying marriage only for heterosexual couples were “tradition” and “the will of the majority”. are these two things really more important than equal rights?

    “as an historical matter in this state, marriage has always been restricted to a union between a man and a woman. tradition alone does not justify the denial of a fundamental constitutional right. Bans on interracial marriage were sanctioned by the state for many years.” -Chief Justice George

  3. nataliebeth

    wow. scott? i love you.

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