California’s Supreme Court upholds Prop 8

It looks like gays wanting to marry in the state of California aren’t done fighting for it. The California Supreme court upheld Prop 8, proving once again even state judges are unable to understand their own constitutions. Because lawyers fighting for gay rights had no precedence from which to base their case other than the fact gays are provided fewer rights than their straight counterparts. I’m wondering why no one seemed willing to mention old laws that disallowed interracial couples to marry.

Personally, I’m disappointed but not entirely surprised. The Supreme Court showed they simply aren’t willing to make any binding legal decisions on the issue of marriage, so instead they pass the buck to someone else. This now means that by next year, we can expect another referendum on the issue. The battle has been lost, but the war is certainly not over. Things are redoubtably going to get ugly, especially with the specter of religion behind bills like Prop 8. Good luck guys!

Comments (3)

  • avatar

    Infinite Monkey

    Unfortunately, yes, they do understand their state constitutuion. A proposition can be submitted-per their state constitution, and if more than 50% of the voters approve it, the constitution is ammended.

    While I disagree with Prop 8, I am glad to see it was upheld. I do believe in democracy. I think its the strongest form of government there is. While it isn’t foolproof, it is HARDER to manipulate than other forms. I believe in democracy, and I believe in humanity. Democracy won’t fix all the problems over night, but-over time-when the vote goes to the people, more and more people will question the beliefs their parents held, and what is best for all people will be made law. I think this is just an example of its flaws.

    I think if us gays have to go to the courts for the right to marry, there’s a bigger problem.

  • avatar

    Jacob Fortin

    the tyranny of the majority is hardly proof of anything “right” being done here. The problem in today’s society is the capitalization of our democracy. Because money has such an influence in terms of who is elected, and how public opinion is formed, no, our current democracy really isn’t the “greatest”. There are some major reforms that will be necessary, especially if the poverty gap continues to widen.

  • avatar

    Infinite Monkey

    So, you’d rather put all your trust in one individual or a small group of individuals?

    A small group of people takes a lot less money to swing than a large group. How many senators do you think the money spent for Prop 8 would buy? Like I said, not perfect, but better.

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