Prop 8 Upheld - Gay marriage remains banned in CA

[DrToast]

http://latimesblogs.latimes.com/lanow/2009/05/california-supreme-court-upholds-prop-8-gay-marriage-remains-banned-in-state.html

Couples married before the ban remain married.

[bigscott]

1. FUCK

[YOY]

2. Mother fucker.

n.t.

[pnwmom]

3. The 18,000 marriages STAND. n/t

[bigscott]

9. a tiny bit of good news

I am happy for the 36,000. I am miserable for the rest of the 300,000,000+ in this country

[pnwmom]

15. I agree. But it is very important to those 18,000 couples. n/t

[cboy4]

33. What a cop out

[pnwmom]

51. 36,000 people went to bed last night, afraid that their marriages would be

revoked today.

I'm relieved for them, because I was afraid that the decision today would go against them, too.

[Ocracoker16]

4. WTF

[grantcart]

5. Whimps

[tekisui]

6. The fight continues. Shame.

[MountainLaurel]

7. Fuck n/t

[ccharles000]

8. ...

x(

[CBR]

10. Ugh... this is horrible. nt

[cali]

11. 6-1 decision.

[Parker CA]

16. Unbelievable. n/t.

[redqueen]

19. WTF?

How can it be so lopsided?

[grantcart]

22. 6 Republicans and one Democrat on the bench.

[DrToast]

28. Don't blame the makeup of the court

That same court ruled in favor of gay marriage in 2008. When the state constitution is changed to ban gay marriage, the court doesn't have the right to overturn it.

I don't like the outcome, but I don't blame the court.

[grantcart]

36. I disagree. Substantial changes to the constitution cannot be made by people's

initiative. The court should have ruled Proposition 8 not valid until also confirmed by the legislature, as the constitution allows.

Once the court decided that it was a civil right then it cannot be decided by popular vote. Had they never called it a civil right then that would have been one thing.


Now we are in the absurd situation that rights can be determined by people's initiative. So if it is overturned by another initiative in 2010 can another initiative take it away in 2012? Its a legally absurd position and the court had plenty of room to classify it as a significant constitutional change requiring legislative action before being enacted.

[pnwmom]

52. I disagree. I think a Democratic court would have given Jerry Brown's

legal position more consideration.

Also, the distinction between revising the constitution and amending it.

[DrToast]

57. All the more reason it's silly to blame the makeup of the court.

This wasn't about gay rights. It was about a technical legal process.

[Arugula Latte]

12. DISGUSTING!!!

:grr:

[Thrill]

13. Not surprised. You knew they would go with not turning over the will of the people

garbage

[cboy4]

35. Yea, like you give a shit....You're on record about Don't Ask

Don't Tell.

[Thrill]

41. Yup. I'm on record as saying

it should and will be overturned but not before Healthcare is done. I stand by that

[cboy4]

42. Like I said

[Thrill]

43. You haven't said shit

[cboy4]

45. You sure have.

[TommyO]

54. Of course, because it's easier to shove us to the back of the bus right now

or is it under the bus these days?

[cboy4]

56. Thrill isn't picky. As long as it's one of the two and anything

related to gay equality is at the bottom of the list.

[marmar]

14. Mon dieu.......

:(

[TheWraith]

17. Exactly what I expected, I'm afraid. nt

[DrToast]

18. Yeah, it was always seen as a longshot. *

[TheWraith]

25. I kept telling people not to get their hopes up, they'd be disappointed...

To be blunt, I took some shit for being honest about it.

[Name removed]

37. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[Uzybone]

26. It better get on the ballot

no taking shit for granted next time around.

[cboy4]

39. I can tell you're devastated.

[Name removed]

47. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[TeamJordan23]

20. Prop 8 will get overturned in 2010 or 2012. nm

[JamesA1102]

21. This is why matters of civil rights should not be decided by...

popular vote. If we had done that through our history there would still be slavery in this country.

[jody]

29. Agree, IMO this is a fundamental question re whether inalienable rights exist to protect a minority

against the tyranny of a simple majority.

IMO Jerry Brown was correct in arguing that CA's constitution protected same-sex marriage by its declaration "SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."

Either all inalienable rights are protected or none are protected.

[ComtesseDeSpair]

23. If the constitution can be changed so easily...

then why doesn't someone introduce an amendment to make Californians exempt from paying any state taxes? I bet that would change the law in a hurry!

[Undercurrent]

24. Heartbreaking and

so, so wrong. This really hurts.

[Born_A_Truman]

27. How can this be??

What can be done?

I am so ashamed of what has happened here in my state. My tears are flowing.

[Freddie Stubbs]

32. Another referendum will have to be held

Demographic patterns are on our side. Younger people support gay marriage, while older people oppose it. As those older voters die off there will be less opposition to gay marriage.

[Born_A_Truman]

38. Not all older voters.

I'm 62 and my husband is 58 and we both voted No on 8. I was shocked at the young people standing on corners with Yes on 8 signs. I honked and gave them a thumbs down every time I saw them. I'm ready to volunteer when it comes up again. I honestly didn't think it would pass. I was so wrong.

[Freddie Stubbs]

46. Not all, but there is definitely more oppostion to gay marraige among older voters than young ones:

http://pewforum.org/docs/?DocID=39#2

[InvisibleTouch]

30. Shit.

And from "progressive" California, of all places, while other states, one by one, are becoming more enlightened. What's the next step in the fight?

[DrToast]

31. Not sure I agree with this

And from "progressive" California, of all places, while other states, one by one, are becoming more enlightened.

Most of the states where gay marriage is legal haven't done so via ballot initiatives. If the public voted, it would probably fail there, too. Remember that favoring gay marriage is still a minority position. It probably won't be for long, but it is now.

[jefferson_dem]

34. Totally disappointing but not unexpected.

We'll have to demand justice through direct democratic action...and that day is not far off.

[ej510]

40. It will be overturned in the mid-term election in 2010; when it becomes a ballot initiative. This

is a short-term setback.

[jefferson_dem]

48. There's a rising tide in America and this little obstruction is constructed out of thin sand...

n/t

[mkultra]

44. frankly i think Prop 8 confused a lot of voters

I think that many people where not aware of what exactly the proposition intended. Perhaps that confusion was intentional. Hopefully, the repeal message is clear.

[zulchzulu]

49. That has "Unconstitutional" written all over it...

If same sex marriages are declared "illegal", then how do previously-performed same sex marriages be an allowed instance?

The decision is a balloon with a nice big hole in it.

It's like saying blacks can't vote except for the ones that are registered already...

[DrToast]

50. Gay marriage was legal before Prop 8. n/t

[ShadowLiberal]

53. And so begins several election cycles of gay marriage on the ballots in CA

Now that court refused to step in and stop it, there's nothing to stop gay marriage bans/repeals of the ban from being on the ballot in EVERY single election held in CA, until one side finally gives up (probably after the marriage equality opponents lose in a landslide in a high turnout race, like 2012, or 2016 at the latest).

You know a ballot initiative to repeal it will be on the ballot now.

We ought to get our revenge on the fundies for this by putting repeals of gay marriage bans on the ballots in states like Oregon & other places Nate Silver predicted would reject gay marriage bans today (see link to the article below). Heck, we ought to put a bill on the ballot in NY to legalize gay marriage if the state senate won't vote to do it, polls there have shown that a majority, though a slim one, support gay marriage.

http://www.fivethirtyeight.com/2009/04/will-iowans-uphold-gay-marriage.html

[LittleBlue]

55. Can we overturn this with another prop?

Don't know how Cali law works, but is this doable?