Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt
LOL What are you talking about? The people voted against gay marriage. A pro gay marriage judge overturned it. The people AGAIN voted against gay marriage. Now the pro gay marriage crowd is looking for another round of judicial activism and bypass the send proposition voted on by the people.
You are the ones wanting to circumvent the law. Not the majority of the people who voted against it.
You don't seem to know your history very well:
In a Primary election in 2002: Prop 22 passes making by statute, marriage defined as between a man and a woman (which, by the way, was already California law since AB 607 in 1977, so it was a redundancy.)
In 2005: California Legislature passes AB 849, negating Prop. 22 and AB 607 from 1977 and making California law recognize marriage between same-sex partners.
Later that month: Schwarzenegger vetoes AB 849 because of court challenges to Prop 22; stating he believed that the issue of constitutionality should be settled by the courts.
In 2007: California Legislature passes AB 43, once again legalizing same-sex marriage; once again Schwarzenegger vetoes citing the case before the California Supreme Court regarding the constitutionality of Prop 22.
In May, 2008: California Supreme Court overturns Prop 22 and AB 607 of 1977 stating that sexual orientation is a protected class on the same order of gender, race, and that, according to precedent in the courts 1948 ruling in
Perez v. Sharp, marriage is a "basic civil right" (as did SCOTUS in
Loving v. Virginia).
In November, 2008: Prop 8 passes.
So, you're right in the sense that the people voted twice. However, you fail to recognize that twice, the legislature - the representatives of the people voted to legalize marriage; only to be vetoed by the governor simply because the constitutionality of the first law was already in the process of being questioned.
Thus, marriage discrimination was deemed unconstitutional once; the constitution was altered; BUT the biggest flaw in Prop 8 is that it only addresses marriage; when the California Supreme Court ruled that sexual orientation IS a protected class on the same par as race and gender - Prop 8 became a constitutional conundrum.
You have one part saying: gays are equal in all aspects of due process and treatment under California law; and another part (one sentence basically) saying they are not.
You claim that I want to circumvent the law; you wish to circumvent the constitution - which is now in crisis because California lets people amend it at the whims of special interest groups.