Comments on: Proposition 8 Challenged

By: timethief

timethief — Sun, 16 Nov 2008 17:44:39 +0000

The courts will not be making a decision on what most people think the issue is. What the courts have been presented with is a legal argument that concerns the use of the terms “amendment” and “revision” and their decision will be solely focused on that.

It comes down to this: The provision of the California constitution which describes the process by which it may be altered uses both the word “amendment” and the word “revision”. Although the two words are usually paired, the provision which allows the electors to amend the constitution by initiative ONLY refers to amendment–it’s the only subsection of the “Amendment and Revision” statute which does not also use the word “revision”.

“We will argue to the court that Prop. 8 is a disguised revision to the constitution which cannot be imposed by the ordinary amendment process, which only requires a simple majority. We believe that then the court must hold that California may not issue marriage licenses to non-gay couples because if it does, it would be violating the equal protection clause as straight couple would have more rights, by being allowed to marry, than gay couples.”

By: Larry(GuitarMusings)

Larry(GuitarMusings) — Thu, 13 Nov 2008 22:04:52 +0000

The passing of Prop 8 reminds me when my state, Colorado, passed Amendment 2 about 15 years ago denying Gays and Lesbians protection from discrimination. I was so disappointed then as I am now and I hope that the courts will do the right thing with Prop 8 as they did with Amendment 2 by declaring it unconstitutional.

By: DrowseyMonkey

DrowseyMonkey — Wed, 12 Nov 2008 03:46:31 +0000

I so don’t get American’s sometimes.

On a more positive note – hey … what have you done to your blog!? Very impressive girly!

By: Melinda

Melinda — Mon, 10 Nov 2008 22:40:50 +0000

Timethief–I am just so sick that Proposition 8 passed. I lived in San Francisco for most of my adult life–and still live there half the time, although I now am registered to vote in Massachusetts. I have so many gay friends that will be affected by this vote–but even beyond that, this really is a civil rights issue, even beyond my personal feelings. I so wished I could have been a voice for progress. As happy as I was on Tuesday night when Obama won, I was as sick on Wednesday morning when I learned that Prop 8 had passed.

Melinda

By: Kathleen

Kathleen — Sun, 09 Nov 2008 18:36:40 +0000

Hi TT,
It actually surprised me to be honest. It seems like we take one step forward and two steps back.

It also denies couples access to important benefits that could be shared, such as healthcare, and family medical leave. I could think of more.

I have to wonder if it’s the economics of allowing same-sex marriage that in part drives such a decision. It seems there’s always money involved in policy making.

By: timethief

timethief — Sun, 09 Nov 2008 02:06:38 +0000

@Delaney
Hello there. I too was grieved by the outcome of the proposition 8 vote. Like Mildred loving I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry.