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May 29, 2009

Prop hate

Posted: 09:59 AM ET

NEW YORK – I clerked for the California Supreme Court so I was uniquely disappointed, but not at all surprised, by the decision of the court this week on gay marriage.

Same-sex marriage supporters march through the streets following the California Supreme Court's ruling to uphold Proposition 8 May 26, 2009 in San Francisco

The news got drowned out a bit by the announcement of a nominee to the U.S. Supreme Court which is ironic because this whole gay marriage thing could end up there eventually. But for this state supreme court, the whole question boiled down to the will of the people.

Now, in my humble opinion, the California initiative process is a cop-out. It relieves state legislators of the responsibility of making the hard decisions they were sent there to make; and, it leaves the public holding the bag that contains the thorny really tough questions.

That being said, the justices were loath to overturn a decision made by a majority (however slim) of voters.

The gay marriage fight in California is far from over, however. Yes, the court ruled to uphold Proposition 8; but the ruling does not mean the justices agree with the sum, substance or mean spirit of the law. Remember, the same court upheld same sex marriage in May, 2008. The difference from May, 2008 and now? One election cycle.

Prop 8 passed with 52 percent of the vote. But that is hardly the end of the story. Change is still coming, it just comes slowly. Iowa, Maine and Vermont have recently legalized same sex marriage. Massachusetts before that. And already advocates in California are planning to take it back to the voters.

So the court’s ruling on Proposition 8 was a big moment in the evolution of the law in this area; but it by no means ends the debate.

-Jami Floyd, In Session anchor

Filed under: Uncategorized


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Chuck D   May 29th, 2009 10:56 am ET

Good for California!!! Why don't the New England states let us vote? Beacuse they know the will of the people is not to have the institution of marriage corrupted this way!!! Make a civil union equal to a marriage in all legal aspects and be done with it already. Unless there is a way for a gay couple to procreate within the marraige...then it's not really a marraige is it? This is just an issue to put the gay community in the spotlight, and they're lovin' it. The gay community thinks it's they're right and this will force others to accept them. I already accept them, my sister is gay and I love her, but I wouldn't attend her wedding. So??? where are MY Rights to vote on this issue? The New England politicians took that right away!

Art   May 29th, 2009 11:03 am ET

One of the things I see with this entire issue is the fine line between caring and supporting. Do I care if someone I do not know marries someone of the same sex? No, I do not. The same can be said of my support of it. Again, I do not. I do feel that this entire issue should not be left up to the courts, but to the people. It's their decision to be married, not the courts. Another issue is with the church. If a couple wishes to be married in a church, and same sex marriage is not allowed in that particular religion, would the passing of this law that okays same sex marriage required a change in religious belief (law) of the church?

lee   May 29th, 2009 11:19 am ET

In my opinion, one of the main reasons for prop 8 is to discourage people, especially young children, of adopting the gay lifestyle.

People against same sex marriage are fearful that children already at an earlier age will choose gay lifestyle, before they are mature enough to start an opposite sex relationship. This relationship at a young age can hinder and become a barrier for young adult to start heterosexual relationship.

It could take a lot quicker to legislate same sex marriage laws with equal rights and privileges then to overturn prop 8.

Chi Town   May 29th, 2009 1:17 pm ET

I'm all for gay marriage... once that passes the flood gates are open for Poligamy. If I can marry 5/6 women and get the tax breaks/benifits for each... it would be an awesome gain. That and I could cover more people with my health care (for a price of course). As long as they are consenting adults... there should be no limit to how many people I can marry.

The military will have to get in line too... if gay marriage is legal... it puts a bind on "Don't as Don't Tell doesn't it?

Timothy   May 29th, 2009 2:20 pm ET

As much as I am torn on this issue from a personal perspective, I feel the California Supreme Court made the right legal decision. The voters (however narrowly) passed a Constitutional Amendment which the court was forced to uphold. I would have been disappointed if they had ruled any other way because it would have opened the door to unprecedented judicial power which would have been out of balance with the other branches of government. Laws should be made by the legislature, not the court system. If gay marriage/civil unions are to be had in ANY state, that privilege should be granted by the legislature, not the courts.

Janet   May 29th, 2009 2:34 pm ET

I think feel a gay couple should be allowed to marry, if it makes them happy. I thought this country was founded partly for the persuit of happiness. I don't believe in gay marriage, but I would defend their right to the same freedom of choice we are all suppose to have.

Willy   May 29th, 2009 3:36 pm ET

The people of California are getting tired of radicals shoving deviant behavior in our faces and forced to call it Normal. The same types are pushing to make drugs legal, and say it's OK to post child pornography because of freedom of speech and press, and all them come from the far left. And we know that the far left are never wrong, because they tell us they are never wrong.

kevin   May 29th, 2009 3:52 pm ET

It still amazes me the misunderstanding of what gay marriage means:

Marriage is a contract for living between two people, not defined by procreation (or heterosexual marriages devoid of children would be annulled by the government).

Government approval of gay marriage in no way affects the church's ability to deny marriage in their faith. They can conduct their business based on their tenets without interference, but the government can't deny marriage based on others' faith.

And Chuck this has nothing to do with your rights as a heterosexual, unless of course you, despite your sister, have a problem with gays in society, and it's wayyyyy too late for that.

Grandison   May 29th, 2009 4:52 pm ET

This is about Civil Rights, plain and simple. The Legislators don't want to make tough choices, and offend voters. This is a simple COP OUT!!!! You CAN NOT take the rights of a minority that you don't like, because you don't agree with their lifestyle. I'm a heterosexual male. Married with children. I don't believe in gay marrage. I believe that the gay lifestyle is wrong. I DO NOT believe that you can take away someone's rights this way. To change the law, the consitution, you must do with with a 2/3rd vote by congress, either state or federal. If that can't be done, live with it. If we are to be a nation of Laws, we must respect the law, and the rights of all that live within our boarders. That's what makes, "America" America. And what makes "Americans" American. Standing up for the rights of people, even when we disagree with their point of view.

Sandra Fritsch   May 29th, 2009 5:52 pm ET

I am sorry but I thought that the people's will is what the government is suppose to go by. If the Federal Senate and Congress would remember that things would be better in this country.

LauraJ   May 30th, 2009 10:48 am ET

Lee–you do not "adopt' a gay life style–men & women are born gay. If 2 human beings love one another–Let it be– equal rights for all

Krisi   May 30th, 2009 1:11 pm ET

Lee wrote: "In my opinion, one of the main reasons for prop 8 is to discourage people, especially young children, of adopting the gay lifestyle. People against same sex marriage are fearful that children already at an earlier age will choose gay lifestyle, before they are mature enough to start an opposite sex relationship. This relationship at a young age can hinder and become a barrier for young adult to start heterosexual relationship."

So I guess Lee believes every young person has to make a conscious decision whether to be romantically attracted to the same or opposite sex.

Interesting view of human sexuality!

Laura   May 30th, 2009 5:44 pm ET

I am so tired of the far left blaming the courts for this decision, the voters have spoken, this IS democracy. If the voters don't do what the left demands it's called hate every time.

Spider   June 1st, 2009 11:37 am ET

kevin-

You are exactly right. Same sex marriage does not effect the rights of heterosexual marriages. It does, however, have the potential of effecting their pocketbooks.

Look at it this way. There is a certain number of people paying health insurance premiums right now. With that number, there is a larger number who are being given coverage based on those premium payments. A larger number covered due to the fact that some are covered under their spouses insurance plan. If gays are allowed to have a government sanctioned marriage those numbers will change. Less people paying premiums, more people covered. How will that turn out? My premiums will increase, that's how!!!

Expand that potential monetary threat to retirement plans and income tax schedules.

I have no problem with gays in society. To be honest, I really don't care who, or what, for that matter, you have an intimate, loving relationship with. Feel free to call your daughter, you dog or your mother "wife". I don't care, until your lifestyle threatens to hit my wallet.

Janie   June 1st, 2009 2:36 pm ET

A simple majority vote should not be enough to exclude any minority group from participating in basic rights that the majority enjoys themselves. As recent as the 1960s, African Americans were held criminally liable if they married any person who was "white" (Loving v. Virginia). They could, however, marry any other minority with freedom. A person's right to marry should not be legislated as illegal, no matter who the person is.

Miriam   June 2nd, 2009 12:03 pm ET

People have the right to their own opinions, their own likes/dislikes and their own beliefs. No one can take that away but they are trying. They are trying to create robots with no ability to think or disagree. But this won't happen as long as humans stay alert and fight for what they believe in/have an opinion about/like or dislike/agree and disagree with. So on with the fight to stand your ground. This does not make them hateful or meanspirited. It is only when it is forced down your throat and making you pay for it. Unnatural sex is not natural and there is science to prove it. You can say preach or whatever but that does not change this fact. You can use all the tools to make something unnatural seem natural but it is still unnatural and this is my opinion and belief.

Bert Clanton   June 2nd, 2009 8:04 pm ET

I'll be 80 years old next month. I grew up as a white person in the American South, before the Civil Rights movement. If there was even one person in my environment who believed that black people were biologically or morally equal to white people, or should be equal before the law, they kept that fact well hidden. If this country had waited until the majority of people agreed with the idea of racial equality, black people would possibly still be waiting. But fortunately for black people, the United States has a Constitution, and that Constitution says that black Americans are citizens of the United States, and that every American citizen is entitled to equal protection of the law. So any law that is inconsistent with that principle is unconstitutional. Who gets to say which laws are inconsistent with the Constitution, when some people agree with a law and some people complain about that law? The Supreme Court gets to say. This arrangement protects minorities from oppression by majorities. I believe that in the end one of two things will happen: 1) All the states will permit gay marriage by state law, or 2) The matter will get before the Supreme Court, and they will decide that gay partners are entitled under the law to the same marital arrangements as straight partners. The latter is much more likely to happen than the former. By the way, I'm enthusiastically straight. I believe in majority rule, but only under the principles embodied in the Constitution.

Brigit   June 3rd, 2009 8:11 am ET

The bottom line with gay marriage is EQUAL RIGHTS for all citizens in our country.

The religious terrorists in this country need to get psychiatric treatment & quit trying to impose their religious morality, fear & hatred on the whole country. Yes, that's what they are...religious terrorists that use lies, fear, hate & intimidation to manipulate & control the rights, behavior & choices of others.

Mob rule was not the intention of the founding fathers. One group of people do not have the right to use the government or legal system to deny other citizens their equal rights.

WENDY   June 3rd, 2009 8:25 pm ET

Gay people are going to continue getting married and having children... period. Why not leave the word "marriage" for the churches and have the government simply call every union what it is: a civil contract between two consenting adults... Doemstic Partnership; Civil Union, whatever...

Maybe ministers should not act as agents of the state by signing marriage licenses... render unto Caesar what is Caesar's...

The United Church of Christ believes in marriage equality... they "marry" all couples... you can call it whatever you want, you just can't call it two different things... Separate is not Equal...

Have we already fought this fight as a nation?

Zachary   June 10th, 2009 8:43 pm ET

There are so many ignorant people here who think that being gay is "lifestyle choice" somehow. Hello, the truth is that people simply born gay or not, and the sooner you realize that, the sooner you're realize how incredibly rude you are to try and marginalize and oppress people.

Being gay is not a choice! Therefore, there is no argument about examples for children or any nonsense about morals.

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