Oy. So what does this all mean? If a majority of Californians (or citizens of any other state) voted for a state constitutional amendment barring inter-racial marriages again, or re-establishing segregation in schools, housing, public facilities, etc. (de jure, because there is still too much de facto segregation), this would be.....okay? I doubt that even the current SCOTUS would buy that. Why isn't this a civil rights case, and why can't it be taken to the US Supreme Court? Why are gay people different than any other discriminated-against group? And for that matter, why do the wing-nuts even care who marries whom? It really doesn't affect their lives directly. Just because they think God told them not to allow it? My head hurts.
John
· 8 months ago
The judiciary is political. It was always political. And it will be political in the future. All this talk about the "sanctity of justice" is a bunch of hogwash. The only Democrat on the California Supreme Court was the sole dissenter today. You think that's a coincidence?
Or that it was a coincidence that Bush v. Gore was decided on strictly partisan lines back in 2000? Souter was reportedly so disgusted by the five conservative justices playing politics with court cases that he vowed to leave as soon as Bush did. He has apparently kept his promise.
mwdavis
· 8 months ago
Sigh. I wish we didn't have to seize on little tiny rays of hope in lieu of just being equal.
My straight friends just don't get it.
Soundboy_jeff_meanie
· 8 months ago
its called taking things for granted.
they wouldn't be able to imagine people voting on the validity of their marriages, or the Supreme Court voting on it... and when they travelled from one state to another, they wouldn't even think about taking all sorts of legal documentation "in case" something should happen... and they wouldn't think about whether their marriage would be valid in whichever state they were visiting either.
no, they CAN'T get it. seriously, I'd start using "its a gay thing, you wouldn't understand" on them at all times... they'll think its funny until they realize you're serious.
mwdavis
· 8 months ago
Thanks, Soundboy
You articulated that really well . . . better than I could.
KJT
· 8 months ago
I'm sorry more people don't understand, but even those who are unable to empathize perfectly certainly do sympathize and hope this idiotic discrimination will end.
lilybart
· 8 months ago
I am not your friend, but I do get it. Having worked in theatre and NYC restaurants, I know plenty of gay couples and singles. and I have an innate loathing of unfairness.
RitornaVincitor
· 8 months ago
Courage, my friend. You can bet that the religious right will be spinning this as a big victory for traditional marriage, but all the Cal Court did today was rule that Prop 8 was not an illegal constitutional revision in disguise. The court didn't rule on equal protection. And in fact, the Court has today created an even more unequal situation that will surely have to be remedied by another ruling in the future.
In their narrow ruling the Court didn't do what we hoped, but they did what we expected. Now there are two groups of gay couples in California - the married and those who are denied that right. It won't stand the test of time.
My husband just said, "Well, now we're REALLY the odd couple." We possess a legal and valid marriage certificate from our home State of California where gay marriage is banned. You can expect law suits soon on behalf of all those who are being treated unequally. And don't be surprised if Prop 8 is struck down by the voters next year.
Steve_in_CNJ
· 8 months ago
i think the court did rule that equal protection no longer extends to marriage.
RitornaVincitor
· 8 months ago
Fascinating. Another wrinkle. There will definitely be more court cases brought over Prop 8.
TrueBleuCA
· 8 months ago
There seems to be a pattern developing here. First, Obama is elected (the first black president) and California loses marriage equality on the very same day. Then Sotomayor (the first hispanic to the SCOTUS) and prop H8 is allowed to stand the very same day. It seems everytime there is another minority FIRST the entire GLBT community gets pushed further to the back of the bus. Pretty soon we are going to be pushed off the bus entirely. Once again, we have to hit the streets to secure rights that the non-chalant hetero community takes for granted. Start gathering signatures for 2010 - NOT 2012!!!
Soundboy_jeff_meanie
· 8 months ago
It seems pretty f'd up to me if gay couples married in another state are required to re-register their union if they move.
which seems to be what they're implying... if California isn't sure whether or not their marriages are valid, they'd either have to sue to have them recognized or apply as registered domestic partners.
how many straight couples have to re-define their marriage in other states?
timncguy
· 8 months ago
It's even worse than that. REad the wording very carefully. They are ONLY talking about legal marriages performed in other jurisdictions before Prop 8. Not marriages after.
So, couple who was married in MS before prop 8 could be legal in CA while a couple legally married in MA after Prop 8, would not be recognized.
offspring
· 8 months ago
WOW with all the patting on the back and feel good happy feelings i am seeing on tv for obama and his choice,on alllll the media channels you wouldnt think that a huge number of americans just lost equal human rights wow.
gee glad he picked today, and a few hours prior to the decision cause we all knew it was going to be a slow news day, great time thanks. now lets let the media go gaga
Father_Time
· 8 months ago
Overall, same sex couples allowed to be married will have to be registered like felons. If you behave yourselves maybe more will be allowed to marry later. Uh...WTF?
If 18,000 same sex couples can be married and millions cannot, where is the; "Equal Justice Under the Law"?..."Liberty and Justice for All"?
The Bill of rights and the Constitutionality of a popular vote were supposed to be based on the D of I concept that: "All men are created Equal". "Men", meaning human.
So people's humanity can be defined by their sexual preferences? Seems like a US Supreme Court argument to me.
Demonstrate in Sacramento not San Francisco. Heck I'll bring the bricks!
Scott
· 8 months ago
Don't know why thousands of us were left out of the lawsut. Me and my partner got married in South Africa in 2007 after the CA Supreme Court nullified our 2004 San Francisco marriage. We didn't "re-marry" in CA last Summer because we didn't feel we had to - our SA license was valid.
yawn
· 8 months ago
then from my understanding of the above note, you are able to be recognized as married by the state of california, unless and until someone challenges that.
timncguy
· 8 months ago
does this decision mean that if CA were to suddenly make gun ownership unconstitutional, everyone who already is a gun owner could remain a gun owner and it would only be non gun owners who couldn't become gun owners?
Jude
· 8 months ago
So the people who got married in other states, then couldn't get married again in California when marriage was allowed, are Sht out of Luck. What a mess!
benb
· 8 months ago
Tantalizing. It's another opportunity to file a court case of which I hope there is a never-ending number until California wakes up to Reality: they can't have 18,000 married same-sex couples and forbid the rest from marrying.
Oh yeah, MediCal benefits will probably be cut in July and that will directly affect poor families in California. Let's see if the Right Wing family values crowd even bother to send out a press release.
John
· 8 months ago
I hope the state declares bankruptcy and the legislature is forced to dissolve itself. A constitutional convention maybe the only way to fix this insane ballot initiative nonsense. And it isn't just same-sex marriage.
The idiots in California have passed all sorts of crazy constitutional amendments that cut taxes while mandating spending on crap they don't need. Then they whine, bitch, and moan whenever the governor and legislature can't balance the checkbook. Hey, California morons, maybe if you stopped meddling and let them do their jobs, you'd have a balanced budget. Just a thought.
Ron Lussier
· 8 months ago
This is very annoying. My husband and I were married in Provincetown MA in September 2004 (mybiggaywedding.com). So where does that leave us?
All Comments
Or that it was a coincidence that Bush v. Gore was decided on strictly partisan lines back in 2000? Souter was reportedly so disgusted by the five conservative justices playing politics with court cases that he vowed to leave as soon as Bush did. He has apparently kept his promise.
I wish we didn't have to seize on little tiny rays of hope in lieu of just being equal.
My straight friends just don't get it.
they wouldn't be able to imagine people voting on the validity of their marriages, or the Supreme Court voting on it... and when they travelled from one state to another, they wouldn't even think about taking all sorts of legal documentation "in case" something should happen... and they wouldn't think about whether their marriage would be valid in whichever state they were visiting either.
no, they CAN'T get it. seriously, I'd start using "its a gay thing, you wouldn't understand" on them at all times... they'll think its funny until they realize you're serious.
You articulated that really well . . . better than I could.
In their narrow ruling the Court didn't do what we hoped, but they did what we expected. Now there are two groups of gay couples in California - the married and those who are denied that right. It won't stand the test of time.
My husband just said, "Well, now we're REALLY the odd couple." We possess a legal and valid marriage certificate from our home State of California where gay marriage is banned. You can expect law suits soon on behalf of all those who are being treated unequally. And don't be surprised if Prop 8 is struck down by the voters next year.
which seems to be what they're implying... if California isn't sure whether or not their marriages are valid, they'd either have to sue to have them recognized or apply as registered domestic partners.
how many straight couples have to re-define their marriage in other states?
So, couple who was married in MS before prop 8 could be legal in CA while a couple legally married in MA after Prop 8, would not be recognized.
gee glad he picked today, and a few hours prior to the decision cause we all knew it was going to be a slow news day, great time thanks. now lets let the media go gaga
If 18,000 same sex couples can be married and millions cannot, where is the; "Equal Justice Under the Law"?..."Liberty and Justice for All"?
The Bill of rights and the Constitutionality of a popular vote were supposed to be based on the D of I concept that: "All men are created Equal". "Men", meaning human.
So people's humanity can be defined by their sexual preferences? Seems like a US Supreme Court argument to me.
Demonstrate in Sacramento not San Francisco. Heck I'll bring the bricks!
Oh yeah, MediCal benefits will probably be cut in July and that will directly affect poor families in California. Let's see if the Right Wing family values crowd even bother to send out a press release.
The idiots in California have passed all sorts of crazy constitutional amendments that cut taxes while mandating spending on crap they don't need. Then they whine, bitch, and moan whenever the governor and legislature can't balance the checkbook. Hey, California morons, maybe if you stopped meddling and let them do their jobs, you'd have a balanced budget. Just a thought.