CA's ban on gay marriage overturned

[The Living Dead]

My mom is in love with Fox News, and as she was watching it today I caught one of their correspondents talking about how the "judge did what the judge wanted instead of following the majority will of the people." Sometimes the whole "majority rules" argument is sick. If we let the (sometimes) idiotic majority rule, there would still be slavery in the South. Fuck you Fox News.

[Anxious Nerd]

Originally Posted by The Living Dead

My mom is in love with Fox News, and as she was watching it today I caught one of their correspondents talking about how the "judge did what the judge wanted instead of following the majority will of the people." Sometimes the whole "majority rules" argument is sick. If we let the (sometimes) idiotic majority rule, there would still be slavery in the South. Fuck you Fox News.

This is the majority that thinks what Fox News tells them to, right?

[amyuilani]

Originally Posted by bocorican

I hope this overturn gets overturned again so that they can fight it all the way up to the supreme court, and finally kill the argument for good.

The thing about the Supreme Court is that a thousand or so cases are appealed to the Court every term, and maybe 10% of them have writs granted. The cases the Court hears have to be constitutional, and the ruling has to affect a large part of the population. This case came because a few couples sued CA, and the first judge ruled in CA's favor. This ruling came because a federal superior court judge overturned the lower decision in CA's favor. If the Supreme Court does not grant a writ in this case, this ruling will stand.

It would seem that the Court would hear a case of this nature (and there are many floating around in the federal court system) and make a ruling once and for all, but even if they did, it probably would not be for a few more years still. The old biddies on the Court don't really seem to care how long they take to rule on controversial issues.

Originally Posted by The Living Dead

My mom is in love with Fox News, and as she was watching it today I caught one of their correspondents talking about how the "judge did what the judge wanted instead of following the majority will of the people." Sometimes the whole "majority rules" argument is sick. If we let the (sometimes) idiotic majority rule, there would still be slavery in the South. Fuck you Fox News.

Seriously. A popular vote is not always a good vote.

[marina]

The ruling was based on the argument that it's unconstitutional to have the majority vote on minority rights, which it is. Constitutionally, rights are something an American is born with, no person, vote, or law can take those away for any reason.

[bpinsky33]

Originally Posted by marina

The ruling was based on the argument that it's unconstitutional to have the majority vote on minority rights, which it is. Constitutionally, rights are something an American is born with, no person, vote, or law can take those away for any reason.

While I agree that gay marriage should be legal, I think the issue here is the "right to marry", it is not in the constitution anywhere that a person has the right to marry. In fact, the Government's involvement in marriage at all is unconstitutional. Marriage has and always will be a religious rite. Since almost all religions has this rite, it made sense for the government to piggyback off of them to establish families for tax purposes. I think this whole thing should be resolved by simply eliminating the "Marriage" certificate and changing it's name to a Union certificate. That way the wacko religious people can keep the "sanctity of marriage" bullshit, and gays get the same rights as everyone else. Marriages can still continue in the Church, but a marriage goes back to what it originally was intended to be, a recognition of union in-front of a "holy" power.

BTW it is a common belief that the Mormon's were the ones who caused Prop 8 to pass, when in reality it was the minority vote that came out in droves to vote for Obama. The sad fact is that, minorities are usually more religious and are very anti-homosexual. So by increasing the minority vote in the last election, they also increased a religious vote (just not the religious right).

[marina]

Originally Posted by bpinsky33

While I agree that gay marriage should be legal, I think the issue here is the "right to marry", it is not in the constitution anywhere that a person has the right to marry. In fact, the Government's involvement in marriage at all is unconstitutional. Marriage has and always will be a religious rite. Since almost all religions has this rite, it made sense for the government to piggyback off of them to establish families for tax purposes. I think this whole thing should be resolved by simply eliminating the "Marriage" certificate and changing it's name to a Union certificate. That way the wacko religious people can keep the "sanctity of marriage" bullshit, and gays get the same rights as everyone else. Marriages can still continue in the Church, but a marriage goes back to what it originally was intended to be, a recognition of union in-front of a "holy" power.

BTW it is a common belief that the Mormon's were the ones who caused Prop 8 to pass, when in reality it was the minority vote that came out in droves to vote for Obama. The sad fact is that, minorities are usually more religious and are very anti-homosexual. So by increasing the minority vote in the last election, they also increased a religious vote (just not the religious right).

In a perfect world, this would be my solution too, but since government has their claws in marriage, and the populace go around clamoring to involve the state in their sex lives, it's never going to happen while any of us are alive. The only way to get government out of marriage is for the numbers of people getting married to fall off generation after generation until it is finally irrelevant.

[Jo_Culprit]

MARINAAAAAAA


I tried to climb a wall today and hurt my hands. This makes me sad.

SoOOooO

I think the gays should just have theyre own church.

THe Church of XXYY.

GAY UNION FOR ALLLLL.

[amyuilani]

Originally Posted by bpinsky33

While I agree that gay marriage should be legal, I think the issue here is the "right to marry", it is not in the constitution anywhere that a person has the right to marry. In fact, the Government's involvement in marriage at all is unconstitutional. Marriage has and always will be a religious rite. Since almost all religions has this rite, it made sense for the government to piggyback off of them to establish families for tax purposes. I think this whole thing should be resolved by simply eliminating the "Marriage" certificate and changing it's name to a Union certificate. That way the wacko religious people can keep the "sanctity of marriage" bullshit, and gays get the same rights as everyone else. Marriages can still continue in the Church, but a marriage goes back to what it originally was intended to be, a recognition of union in-front of a "holy" power.

There are a lot of things the constitution does not specifically say, which is why the Court takes the issue (if it's constitutional), and uses the constitution and past precedent to decide on the current case. The right to marry is referenced among the broad liberties that citizens enjoy, even if those liberties are not specifically mentioned in the constitution. (Even the "right to privacy" had to be expanded in state constitutions to include the liberties that the Court had not ruled on.)

Originally Posted by bpinsky33

BTW it is a common belief that the Mormon's were the ones who caused Prop 8 to pass, when in reality it was the minority vote that came out in droves to vote for Obama. The sad fact is that, minorities are usually more religious and are very anti-homosexual. So by increasing the minority vote in the last election, they also increased a religious vote (just not the religious right).

There are enough Mormons to create a majority vote on a marriage issue in the state of California?

[Lura]

Originally Posted by bpinsky33

While I agree that gay marriage should be legal, I think the issue here is the "right to marry", it is not in the constitution anywhere that a person has the right to marry. In fact, the Government's involvement in marriage at all is unconstitutional. Marriage has and always will be a religious rite. Since almost all religions has this rite, it made sense for the government to piggyback off of them to establish families for tax purposes. I think this whole thing should be resolved by simply eliminating the "Marriage" certificate and changing it's name to a Union certificate. That way the wacko religious people can keep the "sanctity of marriage" bullshit, and gays get the same rights as everyone else. Marriages can still continue in the Church, but a marriage goes back to what it originally was intended to be, a recognition of union in-front of a "holy" power.

This is the way they do it in England and France (probably other places). There is a civil registry for legal union purposes and if you want a church/synagogue/temple wedding, that's up to you. The government sets its rules and each religious group can set it own. I would enthusiastically campaign for this system.

[madeyeshawn]

In honor of this, lets all remember a man who played a major role in getting us to where were at.

This is much better than the 2008 film with Sean Penn, The real Harvey Milk is far more interesting and I encourage you all to set time aside and see for yourself for free.


Hulu - The Times Of Harvey Milk - Watch the full feature film now.