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Any Excuse Will Do....Prop. 8

by: buhdydharma

Tue May 26, 2009 at 11:40:11 PDT        
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The California Supreme Court just cut the baby in half.

Gays are not equal under the law. Except for the 18,000 who are.

Huh?

Rights can be granted under the Law. And then can be taken away as soon as "we" can find the least, most ridiculous, nonsensical, but still technically semi-plausible if you squint hard enough justification to enforce the prejudice of the bigots amongst us and the Powers That be that are sympathetic to them.

I won't even bother to pretend to analyze....or care about...the legal methods used to deny Human Rights to people who are obviously human. They don't REALLY matter. All that matters, in the end, is that the PTB found some, any excuse to deny yet another class of human beings the Human Rights that all humans qualify for merely by dint of being human.

They have succeeded, for now, and they really don't care how ridiculous it looks to both preserve and outlaw gay marriage at the same time.

The only good thing to come out of this is as a another fight to motivate the Left and the GLBT community to keep hammering on the complete and total imbecility that is the continuing influence of RW bigots on our society and the world.

We need a new ballot initiative for 2010 to overturn this. And this time WE need to be the ones with the well funded and effective advertising campaign. In a state where a bare majority of voters can strip the rights of ANY class of humans with an effective enough advertising campaign....

Yelling Louder could not be any more vital. Citizen involvement and funding could not be any more imperative. The RW only won because they outYelled us. Period. End of story.

This time it has to be US doing the yelling.  

buhdydharma :: Any Excuse Will Do....Prop. 8
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. (4.00 / 21)
Photobucket

Reality is the result of war between two rival groups of programmers,

so....Roar Louder!!!


Maybe a Constitution (4.00 / 14)
and a Bill of Rights would be a good idea?

Oh, wait... :-/


We tried that (4.00 / 12)
Seems it wasn't as strong as we thought.  Just took a couple of jackasses to render it null and void.

[ Parent ]
We should pass laws against torture too! (4.00 / 12)
Oh, wait... :-/

Reality is the result of war between two rival groups of programmers,

so....Roar Louder!!!


[ Parent ]
. (4.00 / 10)
Photobucket

Reality is the result of war between two rival groups of programmers,

so....Roar Louder!!!


[ Parent ]
I was afraid (4.00 / 13)
that the California Supremes might hand down an ill-advised ruling.  But they confounded even my worst expectations: they handed down a flabbergastingly stupid and incomprehensible one.

Choosing the lesser of two evils is still choosing evil.

You have to give them credit (4.00 / 11)
They got it exactly as wrong as possible

Reality is the result of war between two rival groups of programmers,

so....Roar Louder!!!


[ Parent ]
But they tried really hard (4.00 / 8)
to please everyone.

It worked..... :-/


[ Parent ]
I hope they file a Federal Lawsuit (3.50 / 6)
This is a classic 14th Amendment Equal Protection violation.

All that campaign cash buys a lot of stupid.

On second thought.... (4.00 / 6)
After reading the opinion, the court's ruling is not nearly as bad as it sounds.

Instead, the measure carves out a narrow and limited exception to these state constitutional rights, reserving the official designation of the term "marriage" for the union of opposite-sex couples as a matter of state constitutional law, but leaving undisturbed all of the other extremely significant substantive aspects of a same-sex couple's state constitutional right to establish an officially recognized and protected family relationship and the guarantee of equal protection of the laws.

By clarifying this essential point, we by no means diminish or minimize the significance that the official designation of "marriage" holds for both the proponents and opponents of Proposition 8; indeed, the importance of the marriage designation was a vital factor in the majority opinion's ultimate holding in the Marriage Cases, supra, 43 Cal.4th 757, 845-846, 855. Nonetheless, it is crucial that we accurately identify the actual effect of Proposition 8 on same-sex couples' state constitutional rights, as those rights existed prior to adoption of the proposition, in order to be able to assess properly the constitutional challenges to the proposition advanced in the present proceeding. We emphasize only that among the various constitutional protections recognized in the Marriage Cases as available to same-sex couples, it is only the designation of marriage - albeit significant - that has been removed by this initiative measure.

Basically, the court is saying that same sex couples can have all of the same rights and privileges afforded to straight couples; they just can't call it 'marriage'.

Not the ideal outcome obviously, but in terms of legal protections for same sex couples, the court's ruling neuters the potential effect of Prop. 8 to mere semantics.

All that campaign cash buys a lot of stupid.


[ Parent ]
Interesting. (4.00 / 2)
It still needs to be legal federally.  Or like said up thread, it should be a violation of constitutional rights.

"I've come to realize we all have our place.  Time has a way, you know, to make it clear." -NIN

[ Parent ]
Technically it is still a violation, (4.00 / 2)
but the question now becomes whether you really want to make a Federal case out of a label and thereby put the rest of the court's exceedingly favorable opinion in jeopardy.

All that campaign cash buys a lot of stupid.

[ Parent ]
Hmm, yes, that is true. n/t (4.00 / 2)


"I've come to realize we all have our place.  Time has a way, you know, to make it clear." -NIN

[ Parent ]
but it wouldn't (4.00 / 1)
The decision only analyzes California State constitutional law.  The Feds can only analyze the Federal constitution.

[ Parent ]
Jesse's right (4.00 / 5)
Government shouldn't be in the marriage business in the first place.  Civil unions, yes.  Marriages are a religious institution.

But since they are..... (4.00 / 3)


Reality is the result of war between two rival groups of programmers,

so....Roar Louder!!!


[ Parent ]
my problem with Prop 8 continues to be... (4.00 / 8)
..the idea that rights can be stripped from a group by popular vote.

If these jackals can get away with this sort of behavior in California, they can replicate such efforts in other states against other groups not aligned with their religious or political dogmas.

Not that there's a remedy for it, but it is also odious that monies from a special group outside the State of California played such a big role in the passage of Prop 8.  


I agree! (4.00 / 4)
rights are not for just "segments" of our society, nor should they be constructed by a group's RELIGIOUS views.

Grrrr.

Visit me @ The Wild Wild Left! Crossposting is good for us all!


[ Parent ]
uuuuhhm, paging Edger... (4.00 / 2)
I'm waiting for your rebuttal to my comment...

...or a bright shiny pony!!  With magic dust and sparkly eyes, or something like that.  Wings are good too.  I like flying ponies.


[ Parent ]
tiptoing back in to fix my ooops... ;-) (4.00 / 2)


[ Parent ]
nice pony, Edger! (4.00 / 2)
I like it!

Tanx.


[ Parent ]
Buhdy (4.00 / 5)
what do you say that we post a diary on redstate suggesting a proposition to deny gays the right to vote and see what the reaction is?

"The second teaching from the golden eternity is that there never was a first teaching from the golden eternity. So be sure."  Jack Kerouac



Would the screen name Anita Bryant (4.00 / 7)
be too obvious?

Reality is the result of war between two rival groups of programmers,

so....Roar Louder!!!


[ Parent ]
As a Californian I can only say I'm sorry. (4.00 / 4)
another sad day for gays. I don't believe this is over, not by a long shot.

Separate *is* equal after all... (4.00 / 3)
who knew?

go supes.  Nice job, yahoos.


 

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