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Thoughts? anyone following?

http://news.pinkpaper.com/NewsStory.aspx?id=2331

 
older

Asked by older at 1:54 PM on Feb. 3, 2010 in Politics & Current Events

Level 69 (2,285,492 Credits)
This question is closed.
Answers (17)
  • "Marriage" isn't specifically mentioned in the Constitution. That is why laws regarding it vary from state to state. and yet Bush tried to change the constitution to ADD it a s aMAN and a WOMAN...if its NOT a constitution issue WHY would he want to chnge it for that reason?


    This case should have been thrown out if for no other reason than because the State Attorney General refused to defend the Constitutionally valid vote of the people. People's civil rights should NEVER be up for a vote. How would you feel if teh state voted that it was ILLEGAL for YOU to marry YOUR husband...less than 50 years aho, it was illegal for me to marry mine based on "the people" and the government..they were WRONG then and they are WRONG now

    sweet-a-kins

    Answer by sweet-a-kins at 9:24 AM on Feb. 4, 2010

  • No and I can't believe this is still going on. How many times has this been voted on, lost and gone to court. 3 times now? The fact is they will go on and on till the earth explodes if they could. The people have voted and won twice. Thats the law. It's whats supposed to happen. If this is a California left wing judge it will just go back to court on appeal until they find a lawyer who knows the constitution and the law,
    itsmesteph11

    Answer by itsmesteph11 at 2:04 PM on Feb. 3, 2010

  • itsme, it will continue to go on with the Supreme court, until they get it right!
    older

    Answer by older at 2:15 PM on Feb. 3, 2010

  • When DADT gets repealed, and it will, this is going to be a tough one to keep as law. The people can vote until their heads turn blue, but when DADT gets repealed, how can California NOT recognize gay marriage when there will be bases in California that do?
    Anonymous

    Answer by Anonymous at 2:21 PM on Feb. 3, 2010

  • Anon, Military has different Laws than states. Texas it self doesn't have a sodomy law any more but the bases in Texas still do.

    The people have voted, it may be disappointing to everyone. But thats that... Don't trample on the constitution because the outcome wasn't what you wanted. (not you older specifically). They can keep repealing it, but it isn't going to change what the people want and what they voted for.
    Crissy1213

    Answer by Crissy1213 at 2:39 PM on Feb. 3, 2010

  • Crissy, this is by no means the end of that, Prop 8 violates the U.S. Constitution's guarantees of due process and equal protection under the law.
    older

    Answer by older at 2:45 PM on Feb. 3, 2010

  • The California Supreme Court ruled 6-1 May 09 that the measure did not violate the state constitution. I won't be surprised if the outcome is the same. I just don't see them ruling otherwise. The Court has traditionally signaled that marriage is left up to the states. Its been voted on. Like I said I know that it is disappointing for a lot of people.
    Crissy1213

    Answer by Crissy1213 at 2:59 PM on Feb. 3, 2010

  • Crissy, doesn't our constitution apply to all of our states? and if a state, like California voters decides against it, aren't they violating the US constitutions guaranteeing due process and equal protection under the law?
    older

    Answer by older at 3:11 PM on Feb. 3, 2010

  • "Marriage" isn't specifically mentioned in the Constitution. That is why laws regarding it vary from state to state.

    This case should have been thrown out if for no other reason than because the State Attorney General refused to defend the Constitutionally valid vote of the people.
    yourspecialkid

    Answer by yourspecialkid at 4:02 PM on Feb. 3, 2010

  • Crissy, doesn't our constitution apply to all of our states? Yes, the constitution applies to all states, but marriage laws are left up to the states constitution. So the state casts ballots to amend the states constitution.

    if a state, like California voters decides against it, aren't they violating the US constitutions guaranteeing due process and equal protection under the law?
    It is not denying due process because marriage is not defined. Marriage in the US Constitution isn't defined. So it doesn't say if it is a right for everyone or just men with women etc. So Due Process is the principle that the government must respect all of the legal rights that are owed to a person according to the law of the land But marriage is not mentioned in the US Constitution. I am sorry but they really don't have a case.
    Crissy1213

    Answer by Crissy1213 at 4:12 PM on Feb. 3, 2010