Uh oh! Not looking good for the opponents of Prop. 8
While both sides cheered the court's decision to take up the cases, Kennard's lone vote to deny review could spell trouble for opponents of Prop. 8.So, what happens if it's upheld? Mass hysteria and rioting? Do they burn down the Mormon temples and churches? String up Christians and Mormons? A mass exodus out of California to Connecticut and Massachusetts? (Make Cape Cod the new Hollywood?) Or will they be sensible and wait until they can overturn it with another ballot initiative?Kennard is the court's longest-serving justice, having been appointed in 1989, and has been one of its foremost supporters of same-sex couples' rights. Without her vote, the May 15 ruling would have gone the other way. But she wrote Wednesday that she would favor hearing arguments only about whether Prop. 8 would invalidate the pre-election marriages, an issue that would arise only if the initiative were upheld.
"It's always hard to read tea leaves, but I think Justice Kennard is saying that she thinks the constitutionality of Prop. 8 is so clear that it doesn't warrant review," said Stephen Barnett, a retired UC Berkeley law professor and longtime observer of the court.
For those seeking to overturn Prop. 8, "I would not think it would be encouraging," said Dennis Maio, a San Francisco lawyer and former staff attorney at the court.
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"Something not supported by this many religions probably has some problems, I should think. "
Like what exactly? No rational or moral argument exists for denying gays the same right to marry that heterosexuals take for granted, especially if the person who is against gay marriage is already married themselves, or planning to do so, for that is pure hypocrisy and nothing more, which is neither moral, nor rational.
dannyuk2... It's like you didn't even finish reading my post...you only read the first paragraph.
"Or will they be sensible and wait until they can overturn it with another ballot initiative?"
There's nothing "sensible" about passing UN-Constitutional ballot measures designed to do nothing but kick some group out of its protections.
Bonnie,
Quite a leap you made ...
"some JEWISH folks also voted against gay marriage! Something not supported by this many religions"
Although I'm sure "some JEWISH folks" did vote againnst equality, let me assure you that they acted against their religion. FYI, both the Reformed AND the (ahem) Conservative branches of Judaism favor - and perform - same sex marriages. As does the United Church of Christ, the Universalist/Unitarians, the Metropolitan Community Church, and heck, even the Quakers. Why should they all abide by your faith's tenets?
"as a heterosexual, neither can I marry whomever I want... I have no right to marry my brother"
Aside from the odious, false (i.e. UN-Christian) comparison of our relationships to incest, I'm surprised you want to marry him. If you need to have the reason incest is outlawed, you need to look up consanguinity and its results. BTW, did you know that the Bible proscribes the death penalty for the victims of inscest? Who would be the victim in your marriage to your brother, him or you? (Actually, it wouldn't matter, both the perpetrator and the victim "shall surely be put to death".
"Two heterosexual women living together(with tax breaks), having affairs on the side to produce children, which they bring home to raise in their same-sex household. You know how creative these young people are..."
Nothing prevents heterosexual couples from doing the exact same thing, Bonnie. So, no, I don't 'know how creative these young people are', but I can certainly see you making up a lot of nonsense.
And YOU 'diss Guy Arthur Thomas! Stop the bearing of false witness please. It's a sin, remember?
If Homosexuality is not a choice then those who are destined to gaydom are not free and therefore have no claims to the freedoms afforded to those of us who are blessed with the power to choose.
Teaching children that living a homosexual lifestyle is not perverted is akind to teaching children that the world is flat. You claim your choice does not hurt anyone then you demand the school systems preach your choice as truth to impressionable school aged children and then you have the nerve to say this does not hurt anyone - HYPOCRITES
I hope they bring back the days of hanging and disembowing Homosexuals because Homosexuals would surly do it to you if given the opportunity. The reason Homosexuals hate God is because God hates what Homosexuals have chosen to do.
As unfair as it may seem, overturning Prop 8 with a ballot initiative will end all this "will of the people" mumbo jumbo coming from the Yes on 8 people.
I'm split on this issue. Same-sex couple should be able to marry or but only as long as children wouldn't have to learn about homosexualiy in school without prior parental permission (those 18 and older should also be able to opt themeselves out) and religious institutions do not have to perform same-sex marriage ceremonies if it conflicts with their beliefs (we're all entitled to our beliefs). I'm not saying that these things will happen if Prop 8 is overturned, but they shouldn't happen.
On the other hand, the California Constitution gives the citizens the right to pass legislation and amend the state constitution by majority vote. An interest group shouldn't be interfering with that right. Though courts and legislators make and modify law, the will of the people should have supremacy over any other government body unless it conflicts with the actual literal wording of the Constitution (not some vauge interpertation of it).
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