A California court has ruled that the popular gay marriage ban voted into effect recently is against the State Consitution. In 1997 a law was passed
that defined marriage so as to exlcude same sex couples. In 2000 a majority of the people voted in an ammendment that clarified, only marriages
between men and woemn would be recognized.
The Ruling is held for 60 days to allow for appeals.
The state maintained that tradition dictates that marriage should be limited to opposite-sex couples. Attorney General Bill Lockyer also cited the
state's domestic-partners law as evidence that California does not discriminate against gays.
But Kramer rejected that argument, citing Brown v. Board of Education — the landmark U.S. Supreme Court (news - web sites) decision that struck down
"The idea that marriage-like rights without marriage is adequate smacks of a concept long rejected by the courts — separate but equal," the judge
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Apparently there is also an ammendment to the State Constitution that is in the California State assemblies and if it passes then the matter is out
of the purview of the state courts.
For the life of me, I cannot see why gay marriage should be banned, I cannot see how it is anything but discrimination and against the Constitution of
the United States itself. Just like slavery was against the very principles of the consitution but was tolerated, so is this bigoted thinking
To claim that one is defending marriage itself by removing it from same sex couples, is preposterous, without at minimum
legislation revokes divorce, prevents consecutive marriages, and regulate annulments.
I also don't see how it is not an issue of the seperation of church and state. The Epsicopalians have gay preists. Its simply a matter of time
before there are recognized and established
churches that perform and recoognize gay marriages. How can the state override that right? Are
they going to be permited to decide issues of religious dogma in order to enforce these terrible laws?
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[edit on 14-3-2005 by Nygdan]