California Supreme Court To Hear Prop 8 Challenges, page 1

California's highest court has agreed to hear legal challenges to a new ban on gay marriage, but is refusing to allow gay couples to resume marrying until it rules.

The California Supreme Court on Wednesday accepted three lawsuits seeking to overturn Proposition 8. The amendment passed this month with 52 percent of the vote. The court did not elaborate on its decision.

All three cases claim the ban abridges the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a significant constitutional change.

Source

And, the court cases begin again.

My opinion is that everyone deserves equal rights under the law, and I can only hope that whatever the courts decide won't cause even more dissention in the US.

Mods...if this is in the wrong forum, please move to the appropriate one.



[edit on 11/19/2008 by skeptic1]

reply to post by rapinbatsisaltherage

Either way people are going to be pissed.

If the court rules in favor of gay marriage the people who voted for Prop 8 are going to think that their say about others rights that don’t lawfully affect them is still constitutional and that the liberal judges are infringing on their rights.

If the court rules in favor of Prop 8 gay activists aren’t going to let this one slide and try again, they aren’t going to be happy with whatever rights they currently have and temporarily move on. They are going to cause a huge fuss, and feel like the court is enforcing prejudice.

Either way this is not going to be pretty, in my opinion. We shall see the out come and how it affects California and the nation.

Emphasis mine. This time I agree with you wholeheartedly. Star for you (and now I excuse myself before I get drawn back into this moot argument over rights).

TheRedneck

Here is the basis for filing the suit:

The lawsuits allege that, on its face, Proposition 8 is an improper revision rather than an amendment of the California Constitution because, in its very title, which was “Eliminates the right to marry for same-sex couples,” the initiative eliminated an existing right only for a targeted minority. If permitted to stand, Proposition 8 would be the first time an initiative has successfully been used to change the California Constitution to take way an existing right only for a particular
group. www.courtinfo.ca.gov...

reply to post by AmericanDaughter

---

I'm also sick of this situation being compared to black history as there is no comparison.

Depends on how you look at it:

The majority being in the wrong due to ignorance, a majority that slowly but surely begins to accept or believe in the minorities justice.

Rights denied to one group that do not lawfully affect another.

Civil Unions currently do not have the same rights, if they did have all of the same state and nation wide “rights” gays are given calling them something other than marriage would still be separate but equal. Since religion is no longer a factor in marriage (you don’t need to be religious to marry, you just need to be of legal age and not married to anyone else) there is no reason for gays to not be legally recognized as married. That is separate but equal, that is the same mentality that decided being African and only being allowed to marry Africans and not whites was equality. Separate but equal is not equality. In a nation where the APA acknowledges that homosexuality from a mental health stand point is not a chosen orientation, can not be changed, and to be a healthy full functioning adult one must accept this orientation it is atrocious that a majority of ignorant people can vote to take away a “right” from this minority when the only good defense they have against gay marriage is religion (not allowed in the law process), and that “right” does not lawfully affect them.

Oppression. Both gays and African Americans are minority groups that have been oppressed in America. Even our own country acknowledges this. Race is a protected class, and sexual orientation is a protected class in some states.


[edit on 19-11-2008 by rapinbatsisaltherage]

reply to post by AmericanDaughter

---

Yes, because the gays aren't being persecuted. They are just being told they aren't equal. Wait, just like the blacks who had to fight for equal rights. You never hear of gays being killed for being... wait, you do just like the black community had to deal with. How are they not the same again? Because the Bible... wait, the Bible was used to tell slaves God wanted them to be slaves...

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