Prop. 8 Ruling Separate and Still Unequal PDF Print E-mail
Written by Byron Williams   
Tuesday, 26 May 2009
Image The California Supreme Court upheld the slim majority that provided the margin for Proposition 8 to step outside of the boundaries of the Constitution thereby applying an asterisk next to the equal protection under the law clause at it relates to the LGBT community.

There is something very disconcersting that allows the majority to take away the rights of a minority.  Though a decision that was expected by those closely following the issue, there are troubling anomalies created by the courts decision.   Upholding the ban on same-gender marriage, while preserving the 18,000 marriages performed based on the court’s decision last May that same-sex marriage was lawful creates two different class distinctions.

Regardless of where one comes down on the issue; the trajectory in California is clearly headed toward full equality for gay marriage.  While that, along with the affirmation of the 18,000 couples whose marriages are still valid ought to provide some measure of comfort, it is difficult to be hopeful when one’s second-class citizenship has been justified by the courts.

The court was deferential to the will of the people by allowing marriage to only be between a man and a woman.

How can the state comply with having the definition of marriage for one class of people, deny it for another, and not have it challenge the equal protection clause?  It seems the problem hinges on a single word: marriage?

Maybe the court ruling suggests that it’s time for the state to get out of the marriage business altogether.
Let the term "marriage" be one that is the property of religious institutions, but everyone, regardless of their beliefs, must apply and receive a domestic partnership license that provides equal rights and privileges by the state.   

This would allow the state to be consistent with its own Constitution, remove marriage from the debate, and insure that all are created equal and have been endowed with certain unalienable rights, among them life liberty and the pursuit of happiness.





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Michele: ...
Funny how religious tell us they don't want our lifestyle shoved down their throat. Then why is it that the religious come knocking on my door every other day? I don't see me and my friends knocking on your door unannounced, which is very rude trying to recruit your children into homosexuality. When gays have children we teach them to accept everyone even if we don't like the way the live. It's not our job to judge others. God doesn't like that. Last I looked his job wasn't open for applicants.
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June 04, 2009
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Michele: ...
Why should gays have to pay taxes? We don't get equality, freedom and our own pursuit of happiness. The only people getting special rights is heteros. They marry,divorce, marry again. Unless your first marriage was annuled your second marriage is not legal in the eyes of God, but they still get the tax breaks,benefits and protections from a legal American marriage. We as gays need protections from religious people. These people will disown their child for being gay never speak to them again and when their child dies they will contest a will out of spite and the partner has no rights to anything as the parents are the legal next of kin. I may have made the choice not to sleep with the opposite sex, however I didn't choose the fact that I have no emotional feelings towards them. It has nothing to do with the sex. Sex is sex. I can have great sex with a man but it's not going to make me love them. I think God will have more of a problem with me sleeping with people I don't love and marrying them for the wrong reasons. We all deserved to be loved whole heartedly. I will never love a man the way I should. I'm sick of religios people shoving their lifestyle upon me. They keep telling gays that marriage is a religious union between a man and a woman. They made children in school remove anything religious..crosses, head coverings but I still see all the teachers with their wedding rings on and pictures of their families on their desks. I don't need a mediator in my relationship with God. People need to keep their beliefs to themselves. God will not be happy that people are judging others. People keep saying gays are bringing this country down. Take a look around its lazy uneducated heteros that are getting knocked up before graduating and start breeding into welfare. Look at Maury and Jerry. Women are on there having up to 30 men tested to see who is the baby's daddy and nobody is. This will lead to serious inbreeding. At least when a gay woman has a child it was well planned for and we know who the father/donor is. They way most heteros live today makes me sick but I don't try to stop them from being happy now do I? Why should our tax money go to help other kids of irresponsible parents? Gays have been discriminated against longer than blacks or jews. Now this president after making history being the first black president is now trying to oppress us with his religious beliefs of marriage being between a man and a woman. I remember when the bible said you shouldn't mix races either. Maybe that jerk would have never been born if that bible were still around. Funny how man changes religion to save themselves from death. They say they changed the laws on sodomy as a sign of tolerance to gays. That is B.S. they changed it because they know they would have to start arresting many heteros. Straight men are more obsessed with poking a but than any gay man I know. Gay men also started using condoms when AIDS became public knowledge but many heteros haven't and that's why it's more of a straight disease now. AIDS and other STDs don't discriminate. I'm tired of being lumped in with pedophiles too not all gays are pedophiles. In fact most pedophiles are straight white men often married. Why don't they ask a man and woman getting married if they commit sodomy or bring multiple people into their bedrooms and commit same sex? You allow bi-sexuals to marry and don't pry into their sex lives because u assume they don't. Because we are same sex you assume we do. Not all gay men have anal sex, not all gay women have oral sex or use toys. Some don't even have sex they are just companions just as some old/newly married straight couples. It's about hate plain and simple.
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June 04, 2009
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Regan DuCasse: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
I think I have to articulate that civil marriage ALREADY is without religious involvement. A religious wedding is symbolic, but the state ALWAYS registers the couple and must be involved for the sake of identity and civil responsibility as a citizen, not just married ones.
This is basically the difference between a marriage and a wedding CEREMONY.
The couple can and does choose whether to have a religious ceremony. I have attended religious ceremony that mixed the traditions if the couple was mixed religiously.

My wedding was a civil one. Officiated by a justice of the peace in the backyard of my godparents. My marriage is a valid as those that include a religious ceremony.

The state IS involved in the marriage business. It's houses of worship that are involved in the WEDDING business.
Mores the point: we all know what marriage is. What it means, what it's responsibilities are. And marriage is without borders.

However, the civil unions or domestic partnerships as they are defined now, have limits, borders and no federal protections equal to marriage. And from state to state, who can understand exactly what they are, or how to interpret or implement them?

Marriage, defined and kept to the same standards for gay or straight couples SIMPLIFY the entire situation where cu's and dp's do NOT.

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June 01, 2009
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Ann Adams: State out of the marriage business
I've been saying this to anyone who would listen for what seems like forever.

My son and his husband (married early November 2008, two of the 18,000) have told me they're fine with that solution and I think most would be.

We're not in the business of deciding what individual churches should do. They can have the "sacrament" as long as they agree that the state is in charge of the "contract"

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May 27, 2009
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