FilmFestGuy
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Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt
Considering that the California constitution considers sexual orientation a protected class for equal treatment, I'd say it's very clearly in the state's moral values to treat gays and lesibans as equals.
In essense, Prop. 8 creates a conundrum in the state Constitution where you have one clause calling for equal protection for gays, and another specifically withholding rights from them.
The voters have created their own constitutional crisis - but I'm not surprised, because that's what you get when you can amend your constitution at the whim of any special interest.
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I would also argue that it's inherently worse in California, because unlike other states with constitutional amendments, this actually DID take the right away from a class of people instead of simply denying it.
Upholding the moral values of the citizens is within the State's interests. In order to overturn Prop 8, the lawyers have to demonstrate that allowing same sex marriage is consistent with those moral values.
Considering that the California constitution considers sexual orientation a protected class for equal treatment, I'd say it's very clearly in the state's moral values to treat gays and lesibans as equals.
In essense, Prop. 8 creates a conundrum in the state Constitution where you have one clause calling for equal protection for gays, and another specifically withholding rights from them.
The voters have created their own constitutional crisis - but I'm not surprised, because that's what you get when you can amend your constitution at the whim of any special interest.
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I would also argue that it's inherently worse in California, because unlike other states with constitutional amendments, this actually DID take the right away from a class of people instead of simply denying it.
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