Archive for gay marriage

Ken Starr Files to Nullify Gay Marriages

Posted in civil rights, just sayin', politics with tags , , , on February 5, 2009 by mightyfag

Ken Starr – that’s right, the prosecutor for Bill Clinton’s impeachment – is heading up a legal filing to have the gay marriages performed LEGALLY in the state of California prior to the passage of Proposition 8, invalidated and divorced. So not only is this insipid man heading up the legal defense in support of Proposition 8 before the Supreme Court, he is now trying to nullify that which was LEGALLY performed. Talk about adding insult to injury.

The Courage Campaign – an organizing group for progressives – is leading a political action to contact the Supreme Court of California called “please don’t divorce us” that puts a real face on the issue of gay marriage.

“Fidelity”: Don’t Divorce… from Courage Campaign on Vimeo.

It has become perfectly clear that the case against gay marriage in California isn’t about protecting the fundamental instution of marriage, or any of the lies that the pro prop-8 campaigns spread. The fight against gay marriage in my opinion, is a clear case to marginalize gay and lesbian citizens, obliterate any chances that they can enjoy the same rights and protections as straight citizens, and to legally categorize them as second-class citizens. Personal judgments, discrimination and religiously-supported bigotry are the motivating factors behind this and we need to organize and solidify our counter-attack. We need to speak to minorities and those who have a cultural bias against gays and lesbians and help them to understand that this is an issue of fundamental rights, and not about sex or morals. Those of us who are gay and lesbian need to come out to our friends, coworkers and family and put a face on this issue – so they will see that their voting behaviors directly affect people all around them. And finally, we need to make a concerted effort to take political power away from these mega-churches and remove their ability to meddle in politics and still maintain their tax-exept statuses.

The gloves are off, and I’m swinging back!

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The Constitutionality of California’s Marriage Amendment

Posted in politics with tags on November 11, 2008 by countryjim13

Prop 8 amends California’s constitution with only a simple majority vote. This is one obvious problem. Our Constitution is the foundation of our state’s law. It doesn’t matter what the issue, it needs to be more difficult to change our Constitution than by simply winning a simple majority. At the very least changing the state’s Constitution by popular vote should require at two thirds majority. I suggest a movement to put a proposition on California’s ballot to amend our Constitution to require just such a vote. Hey, we’ll only need a simple majority to pass it!

Another obvious Constitutional problem when it comes to the marriage amendment is the fact that the way Prop 8 amends the state’s Constitution is contradictory and UNCONSTITUTIONAL in a number of ways.

1. Article 1 Section 1 of the California Consitution states, “All people are by nature free and independent and have inalienable rights.” It is clear that Prop 8 ignores this first line of the first article of the foundation of our state law. Prop 8 assumes that some people are more free than others. In fact it does not just assume this, it codifies it into law, into the very foundation of our law. Thanks to Prop 8, only straight people are equal in California. This is illegal, unethical, immoral, and shameful.

2. Article 1 Section 7b states that “A citizen or class of citizens may not be granted privileges
or immunities not granted on the same terms to all citizens.” In light of this clause, how can marriage be legally granted to one class of citizens and not another in this state? Now, thanks to Prop 8, Article I Section 7.5 says that “Only marriage between a man and a woman is valid or recognized in California.” This is in direct contradiction to Art. 1 Sec 7b. By defining marriage legally as only between a man and a woman a “class of citizens” (gay people) is being specifically denied a right that other classes of citizens have been granted. According to Art. 1 Sec. 7b if marriage is recognized by the state among one group of people, it must be recognized by the state among all groups of people.
California Constitution Source

The state’s Supreme Court agreed with this argument when, in the case of In re Marriage Cases they said in a 4-3 decision, “…we conclude that the right to marry, as embodied in article I, sections 1 and 7 of the California Constitution, guarantees same-sex couples the same substantive constitutional rights as opposite sex couples to choose one’s life partner and enter with that person into a committed, officially recognized, and protected family relationship that enjoys all of the constitutionally based incidents of marriage.” This ruling overturned a previous law passed by California voters, Prop 22, which outlawed same-sex marriage, but was not an amendment to the state’s Constitution. Can there be any question that state Supreme Court, by the same legal logic that was used in In re Marriage Cases to overturn Prop 22, must also declare Prop 8’s marriage ban amendment unconstitutional?

There is precedent for a state Supreme Court declaring constitutional amendments unconstitutional. For example, Lousiana’s gay marriage ban amendment was overturned in October of 2004 as unconstitutional. Granted this was not because of the nature of the amendment, but rather because amendments to Lousiana’s Constitution must only deal with one issue and this particular amendment dealt with more than just marriage (source).But the point is the same, Constitutional amendments voted into law by popular vote have and can be overturned by the courts. Such precedent does exist and the Lousiana marriage amendment is only one example.

Interestingly enough Governor Arnold Swarzenegger, who one year ago in October of 2007, vetoed a law passed by the State Legislature that would have legalized gay marriage (source), has said that the state Supreme Court should overturn Prop 8 (source).

Can there be any doubt that this illegal constitutional amendmentment must be overturned as such, as unconstitutional?

Restore My Fundamental Right to Marry

Posted in politics, religion with tags on November 11, 2008 by mightyfag

On May 16, 2008 the California Supreme Court ruled in favor of same-sex couples throughout the state recognizing our fundamental right to marriage.

“Our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation,” Chief Justice Ronald M. George wrote for the majority opinion. “An individual’s sexual orientation — like a person’s race or gender — does not constitute a legitimate basis upon which to deny or withhold legal rights.” (Source)

This essentially classified sexual orientation as a categorization that could NOT be used to treat people differently. When he was interviewed, Chief Justice George said that his past experience of witnessing segregation in the south when his family first came to this country, and the impression it made on him as a child, came to his mind in how same-sex couples were being treated.

Along comes the Church of Jesus Christ and the Latter Day Saints, and the Knights of Columbus along with other organizations and churches including Saddleback Community Church of Orange County, CA. They decide that they want to put individual’s civil rights up for the vote by the majority. They draft Proposition 8, a voter initiative to amend the state constitution that simply states:

Only marriage between a man and a woman is valid or recognized in California.”

The Proposition passed by a narrow 3% majority, thus eliminating the right for same-sex couples to marry. There is one problem, however. In California, Constitutional Amendments passed by a voter initiative need to be reviewed by the State Legislature first, which didn’t happen. Right now, three lawsuits are filed against the passage of Proposition 8, and the future of same-sex couples is currently in limbo – not to mention the status of those who wed during the time it was legal.

Simply put, the mob majority stripped my partner and I of our right to marry – an INALIENABLE right guaranteed to us by the State Constitution. The arguments against gay marriage range everywhere from religious arguments, to “what about the children” to the ridiculous “my church will lose its tax-exemption if it refuses to wed gay couples!”

To this I reply on simple word: “Bullshit.” First off, the court ruled in our favor to give us same-sex marriage BECAUSE they were looking out for the children of same-sex couples (approximately 25% of gay couples have kids according to the latest census.) Religious arguments are invalid in legal issues – we have a clear separation of church and state in this country. That same separation is what protects churches from losing tax-exemption if they turn away a gay couple from being wed. Anyone who comes from a mixed-faith couple who tries to wed in the Catholic Church knows all too well that the church can refuse to marry anyone without repercussion; so that shoots that ridiculous argument out of the water.

What it all boils down to is the fact that homophobic people in the state decided to throw gay couples under the bus and keep them marginalized and dehumanized by stripping them of their rights. The protest signs seen everywhere across the state speak the truth:

Examine your own homophobia. Keep your church out of the state. Practice whatever faith you believe in, but don’t oppress others with it. And give me back my FUNDAMENTAL RIGHT to marry!