Here’s the opinion. 172 pages for you to review!AP:
Read this useful bullet-point background from the Journal to get up to speed on the legal posture. Note that six of the seven justices on the court are Republicans. Will the ruling stick?
Proposition 22, the California ballot initiative that defined marriage in the state as between one man and one woman (even if the marriage was entered into in another state that allows same-sex marriage), passed in 2000 by a margin of 1.7 million votes.
A quick skim reveals that the opinion’s fairly straightforward. They start out by noting that California’s different from other states that have dealt with this insofar as it already has a robust domestic partnership law. All this is about, really, is whether gays should be allowed to “marry” the way straights do or whether they’re stuck with those partnership agreements that leave them married in effect but not in name. Conservatives like partnership schemes and/or civil unions as an alternative to gay marriage, but I’ve always thought that argument’s self-defeating since it leaves you with no substantive reason for drawing any distinction in the first place. Yes, (some) conservatives seem to be saying, gays can go ahead and have civil unions that grant them all the benefits married couples have ” but for god’s sake, don’t let them call themselves “married.” To which a court can only reply, “Why not?” The right’s strategy, in other words, has been to concede 99 yards and then stand on the one-yard line and say “no further,” but that’s not how discrimination jurisprudence works. If you’re going to discriminate you need a good reason, and depending upon whom you’re discriminating against, you may need a very, very good reason.
That’s actually the key ruling here: The court holds on page 95 that because sexual orientation is (1) immutable, (2) unrelated to one’s ability to function in society, and (3) a target of prejudice, it should be treated as a “suspect classification” for purposes of the state constitution’s equal protection clause. Once it’s deemed a suspect classification then the state needs a very compelling reason to justify discriminating on the basis of it ” and since, as I say, it’s already conceded those 99 yards, there’s no such reason to be had. (If you want to bore yourself with the vagaries of equal protection jurisprudence, read this old post about New Jersey’s gay marriage ruling.) All they’re doing is denying gays the label of marriage to preserve a sense of stigma, which is almost a paradigm case of what equal protection is meant to prevent. I have no problem with the ruling as long as other states aren’t compelled to recognize Cali marriages per full faith and credit, which, needless to say, is the battleground on which this decision’s going to be fought in the presidential race. Taking the federalist approach and letting each state decide for itself is an easy call for Maverick; what about the Prince of Peace?
Trackposted to <a href=”http://thevirtuousrepublic.com/?p=686″>The Virtuous Republic</a>, <a href=”http://rosemarysthoughts.blogspot.com/2008/05/too-tired.html”>Rosemary’s Thoughts</a>, <a href=”http://righttruth.typepad.com/right_truth/2008/05/terror-alert.html”>Right Truth</a>, <a href=”http://koderas-korner.blogspot.com/2008/05/gaying-to-chapel.html”>Kodera’s Korner</a>, <a href=”http://www.oblogatoryanecdotes.com/2008/05/weekend-open-trackbacks-515-18.html”>Oblogatory Anecdotes</a>, <a href=”http://caosblog.com/7836″>Cao’s Blog</a>, <a href=”http://www.dequalss.com/wp/2008/05/16/fake-mosque-used-in-training-drill-cair-pissed/”>Democrat=Socialist</a>, <a href=”http://www.conservativecat.com”>Conservative Cat</a>, <a href=”http://www.themadpigeon.com/diary_of_the_mad_pigeon/2008/05/thursday-open-2.html”>Diary of the Mad Pigeon</a>, <a href=”http://faultlineusa.blogspot.com/2008/05/its-either-mccain-or.html”>Faultline USA</a>, <a href=”http://www.thirdworldcounty.us/?p=3509″>third world county</a>, <a href=”http://nukegingrich.wordpress.com/2008/05/16/good-for-your-heart/”>Nuke Gingrich</a>, <a href=”http://www.womanhonorthyself.com/?p=5021″>Woman Honor Thyself</a>, <a href=”http://mccainblogs.com/2008/05/16/mccaniac-weekend-linkfest-sticky-post-516-518/”>McCain Blogs</a>, <a href=”http://www.anniemayhem.com/cgi-bin/wordpress/?p=1412″>The World According to Carl</a>, <a href=”http://www.thepiratescove.us/2008/05/16/avast-weekend-pirate-linkfest-516-518/”>Pirate’s Cove</a>, <a href=”http://thepinkflamingo.blogharbor.com/blog/_archives/2008/5/16/3694424.html”>The Pink Flamingo</a>, <a href=”http://www.anewtone.com/2008/05/its-never-enough-for-liberals.html”></a>, <a href=”http://sports.outsidethebeltway.com/2008/05/oscar-pistorius-double-amputee-olympic-sprinter/”>OTB Sports</a>, and <a href=”http://www.yankeesailor.us/?p=759″>The Yankee Sailor</a>, thanks to <a href=”http://www.linkfests.us”>Linkfest Haven Deluxe</a>.<a href=”http://www.linkfests.us/”><img src=”http://photos1.blogger.com/blogger/307/106/320/linkfest.jpg” alt=”Linkfest Haven, the Blogger’s Oasis” /></a> Weekend Open Trackbacks 5/15-18
“SFL- define attracted.”
————
You know damn well what I mean, Pam. Can you “choose” to be sexually attracted to a woman in the same way you are attracted to your husband or other men?
I think the answer would be a big “no”.
Gays do not “choose” to be gay any moe than you “choose” to be straight.
The only reason why you can’t see beyond this simple fact is because you, and many like you, are a bigot and a homophobe. You have been raised by family and society to belive a certain way and it is nearly impossible for you and people like you to rise above those beliefs.
The only possible hope for a betterment in your beliefs is if you were to become good friends with one or more gays, so that you may understand them and their lifestyles better.
When you talk about sex changes, and gays choosing to be gay, you demonstrate a complete lack of firsthand knowledge on the subject.
You say that living in SF skews my opinions on gay rights, but Pam it actually enhances them. The same that living in minority communities would enhance your knowledge of racial issues.
I have money on it that you don’t really know, personally, any LGBT folks.
Where do you get your information from? Have you considerd that it might be a bit, ohhh…one sided?
My advice? Get to know some gay people before you say more stupid shit that makes you look more unknowledgeable on the subject than you already are.
“SFL- define attracted.”
————
You know damn well what I mean, Pam. Can you “choose” to be sexually attracted to a woman in the same way you are attracted to your husband or other men?
I think the answer would be a big “no”.
Gays do not “choose” to be gay any moe than you “choose” to be straight.
The only reason why you can’t see beyond this simple fact is because you, and many like you, are a bigot and a homophobe. You have been raised by family and society to belive a certain way and it is nearly impossible for you and people like you to rise above those beliefs.
The only possible hope for a betterment in your beliefs is if you were to become good friends with one or more gays, so that you may understand them and their lifestyles better.
When you talk about sex changes, and gays choosing to be gay, you demonstrate a complete lack of firsthand knowledge on the subject.
You say that living in SF skews my opinions on gay rights, but Pam it actually enhances them. The same that living in minority communities would enhance your knowledge of racial issues.
I have money on it that you don’t really know, personally, any LGBT folks.
Where do you get your information from? Have you considerd that it might be a bit, ohhh…one sided?
My advice? Get to know some gay people before you say more stupid shit that makes you look more unknowledgeable on the subject than you already are.
SFL- my sisters-in-law are lesbians and I do have quite a few gay friends. It doesn’t change anything. I am not biggoted, nor an I a homophobe. As I have stated now for the third time in this thread, give gays the same legal rights as my husband I have. As I have stated, I have no reason to hate gays. Learn the definition of a word prior to using it.
How do you explain bi-sexuality because they are under the umbrella of GLBT
49-50 Eben- people are mugged on the street everyday, women raped and children molested. You as well as them are protected under the very same criminal laws, but, you as a homosexual are not afforded special laws.
Why would you lower yourself to calling a person a name such as nigger, if you yourself don’t appreciate being called a faggot? That freedom of speech can be a bitch sometimes.
“I am not biggoted, nor an I a homophobe.”
——————-
I’m sorry, but you are a text book definition of a bigot when it comes to homosexuality.
You cannot accept the simple FACT that gays do not choose to be gay.
Bigot: a person obstinately or intolerantly devoted to his or her own opinions and prejudices.
Bigot: is often used as a pejorative term against a person who is obstinately devoted to prejudices even when these views are challenged or proven to be false or not universally applicable or acceptable.
Ask your sisters-in-law if they “chose” to be sexually attracted to others of the same sex. Again, I’ll bet a dollar they say “no”.
Ask ANY gay person if they “choose” to be sexually attracted to someone of the same sex.
That’s nice that you believe in giving gay couples the same rights as married couples, but you are still advocating a seperate-but-equal kind of legal relationship. That has been proven to be wrong in the past, and is slowly but surely being proven again with gay rights.
OK, upon reflection, the above is a bit harsh…I don’t know you personally so I can’t really say you are actually a Bigot. But from what’s been written/posted on this topic it’s very, very hard to come up with a different conclusion.
That, or just plain ignorant on the issue. Not sure which one is worse.
..ignorant on the issue and since (like most repugs) it doesn’t affect her she cannot see it in the larger picture.
#54 Categorically mistaken.
Since it was a gaybashing the locals ignored the laws on the books and let me go with a massive concussion to my brain. The triage at my local hospital upon seeing me was aghast.
You haven’t a clue what you’re talking about.
My assault was hate motivated and as such the local authorities decided they wanted to shove my situation under the rug and allowed me to drive the two hours home (with no memory of said) rather than bring the paramedics to attend me.
The thought I’d just go away.
The laws apply selectively to you straight ones.
You have no firsthand experience in this Pam and you’re WAAAAAY out of your realm of knowledge of my own attack.
#54-
Actually there are “special laws” on the books in the Commonwealth of Massachusetts that are there ostensibly to afford victims of hate crimes extra protection.
The application of those laws when it applies to homosexuals as a minority is something else again in many cases because you see, like you, many in law enforcement bring their prejudices to the “table” as it were when acting upon those very laws.
You really need to know what you’re talking about before you spout untruthes.
#54-
Don’t recall saying I’d ever called anyone a “nigger”….
Please reread what I wrote.
Here are Eben’s words:
#53-
“How do you explain bi-sexuality because they are under the umbrella of GLBT”
I don’t “explain it”.
I think this myth of females being inclined more to bisexuality than men is preposterous. Men (speaking purely sexually) are more detached generally from their sexuality in my view. They don’t need to be in love to enjoy screwing.
This newly-created myth that two women and one man as a threesome is cool is utterly a manifestation of the age old
patriachal control of sexuality per se by what turns straight men on. The double standard of it all is an outrage to all thinking people. Yet I know high school girls and college girls who will indulge this imposed nonsense simply “to keep my boyfriend” when their distaste for having sex with another woman is equal to your own.
Be mindful that you do not relinquish all your control as you revel in that which was learned at the knee of a parent or some religionist. It was by intent that you think as you do.
58- So let me get this straight..You were assaulted and you ended up in the hospital and the cops did nothing to find the perpetrators? Or the cops didn’t file “hate crime” charges, which is what you wanted? Hate crimes legislation is a ridiculous thing to even entertain in our society. The problem is that there are people like you out there, with these big chips on their shoulders, that take advantage of their situations. Again you are back to it is a religious thing, and that just isn’t so. It’s a nice excuse for you, but it doesn’t really change the reality of the situation!
#62
Yes basically.
I’m pursuing as we speak with the Att. General’s Office. The cops let me go into the night with my head filled with fluid, dazed from concussion (I have ZERO memory), and (acc. to the police report) having heard me tell them I had an automobile in town and was intending on driving.
I do have a chip on my shoulder.
You would have too when people want you dead for no good reason and the powers that be do not abide by the laws on the hate crime books.
It is religious in basis.
Every time someone like you say a gay person chooses to be gay its a direct result of being indoctrinated into believing that love is one dimensional and has more to do with plumbing than what’s in the heart.
btw?
It was only upon awaking nearly twenty-four hours later in my blood-soaked bed that I DROVE MYSELF TO THE LOCAL hospital.
They’re testifying in my behalf. The triage flew toward the emergency room door upon seeing my swollen head and bloodied face by-passing those already in the waiting room they were so alarmed by my appearance. Two MRIs later I was kept three days and tested. Some of my motor skills have still not returned fully. That’s why my grammar and verb tenses will be off from time to time.
And you say people have no investment and “yawn” at the issue of gay rights?
I can prove differently.
62
Hate crime legislation is “ridiculous”?
Walk a mile in my shoes.
Should there be a need for it? NO. Is there.
Absolutely. I’ll hang those bastards by their nuts before I’m through. I’m one scrappy homo you see who believes our Constitution was written for ALL Americans who abide by our laws, pay taxes, and simply want to live a decent and full life.
Silly me.
#60
I believe there’s an “if” in the sentence you quoted of mine, no? Yes. Thought so.
** “if implied”. Never called a black person that word once in all my life.
Christ. You want to think of homosexuals as lesser. The arrogance.
It’s pointless trying to enlighten the unenlightenable.
So your anger is that the police didn’t file a hate crime report? Did they file a police report? I am assuming that they did based on the fact that you mentioned one. You don’t give us any indication of what led to the attack, but could it be that it was a random act of violence and you just happened to be a gay man attacked? I am sorry that you were attacked but I still see no reason why someone should be punished more for what happened to you as opposed to say a women that is raped or a child that is molested. All three are equally wrong and despicable acts.
You were rushed pass the others in emergency because you were the most pressing emergent, hence people don’t get numbers when they enter an emergcy room.
And no, this isn’t about religion or indoctrination or republican vs democrat.
66- You brought the word up Eben, not me. You chose to use the comparison, now you seem to think I am accusing you of using the word.
65- Yet you seem to think there should be special laws for gays..
Where did I say homosexuals are lesser than black people? I didn’t. What I have said repeatedly is that the struggle of the black race was far greater than that of homosexuals and that there really is no comparision to the two.
69-
No need to deflect by avoiding the issue Pam.
I’ve been as honest as I can possibly be about my experience and many I know in the same situation as I.
I never said one word about special laws for gays but until people like YOU and those who think there exists no homophobia you bet those laws ought to stay on the books.
You are mistkaken in your logic about the struggle for blacks being much more difficult than gays. Just imagine how reinforced the white man’s religion imposed on American blacks has been to reinforce intolerance even among people like black Americans who have suffered similarly to their gay brothers and sisters.
You keep telling SFL and me “there’s no comparison between the two” yet you don’t illustrate the basis of your thinking. Simply saying something doesn’t make it so.
Oh. And thanks for you sympathy for what I experienced at people who (it appears now to me) think very much as you do.
Do you have a pulse?
**at the hands of** above
#68
The police chief in the town where the crime occurred has been canned. Obviously some people know there’s a clear and present danger.
That said, it’s obvious to me you clearly cannot have your version of reality screwed with.
Far be it from me to enlighten you to what goes on daily in your aggression-filled world.
I’ve recounted real experiences yet you remain intransigent and utterly detached. Reminds me of the man in the Oval Office who has the blood of easily one hundred thousand people on his hands.
The Wizard never gave him a heart. There is much to genetics yet to be revealed it occurs to me.
70- Where did I say no homophobia exists Eben? I didn’t. You never said one word about special laws? Then please explain this:
Eben, again in this thread I am forced to repeat myself because you don’t read; you were not made to use a special drinking fountain because of your sexuality, nor were you denied access to a public school, nor did you struggle for the right to vote, you were never a slave, you could purchase a home in any neighborhood you could afford, sit anywhere you wanted in a restaurant, banks didn’t offer you a higher interest rate because of your sexuality, and the list goes on and on..You can’t get married in most states, but last time I checked, you could in the state that you live in. There is no comparison between the two situations.
So the police chief was fired..was it because of homophobia or was it that he was corrupt, incompetent and should have lost his job?
So now it is the white man’s religion that is forcing black’s to turn their backs on gays? Nope!
“I’ve recounted real experiences yet you remain intransigent and utterly detached. Reminds me of the man in the Oval Office who has the blood of easily one hundred thousand people on his hands.”
Oh, that’s only since the invasion, by many counts 500,000 dead children due to the economic embargo. Some folks think the total number is in the millions, maybe as much as 25 million.
Yes, there are those who would think all of this. And they are in straightjackets, or should be.
Toujoursntrès agréable ton blog, le design est trop jolin
bonne continuation ! amcalement