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Forums - General Discussion - WSJ: Democracy loses if Prop. 8 is overturned.

TheRealMafoo said:
The Ghost of RubangB said:
But Prop 8 takes away a right based on sexuality, which is unconstitutional in California. We added sexuality to our Equal Protection Clause in May, so we can't have a separate but equal clause like the WSJ suggests. The passing of Prop 8 (if it is allowed) gives us a State Constitution which on one line says "no laws shall discriminate based on sexuality" and on another line says "only people of this sexuality can get married, the other people get their own separate but equal name for it."

Also, a simple majority isn't enough to change a Constitution, and the reason we don't just allow 50% plus one majorities to discriminate against minorities is because then at any point we could just have 51% decide it's suddenly illegal for Chinese to own land (that used to be the law in California).

If we allow Prop 8 to pass, THAT will be a blow to democracy, because that will allow any majority to discriminate against the minority. It is one of the roles of the courts to protect our minorities from our crazy majorities when they want to start taking rights away.

And I don't know what Biden, Obama, or abortion have to do with this. This is a California constitution issue, and this prop is not compatible with our current constitution......

Funny how now things like States Rights, and Constitutions matter to you. When it's to protect something you don't like, those concepts are just outdated.

This is a civil rights issue.  I don't want the state to have the right to tyrannize a minority.  Funny how civil rights and constitutions don't matter to you.  When it's the gays, those concepts are just outdated.



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Strategyking92 said:
JustinUK said:
segajon said:
Marriage is a union between one man and one woman. That's all I have to say.

 

Not in Norway, Spain, Netherlands, Belgium, Canada, South Africa, MA (USA), CT (USA) & very soon Sweden.

So all those places out of the world? Seems most of those places are in europe.

I HOPE TO GOD AMERICA NEVER ENDS UP LIKE EUROPE.

Same-sex marriage is legal in Massachussetts and it was just legalized in Connecticut.  And Florida just made it legal for same-sex couples to adopt.  This is a global civil rights movement that's been going on for over a century, and it's making some real progress in America.  It was only 30 years ago when they tried to make it illegal in California for gays to teach kids in schools, because "oh noes they'll convert teh kidz!"

bardicverse said:
damkira said:
bardicverse said:

On a related but different topic, I am curious as to how a gay couple would go about raising a child. Would they leave the kid to make their own decision on being straight vs gay, or would they be the inverse of a traditional couple, and make the kid believe being gay is the correct way?

Uhm.. no. Being gay isn't a choice.

For some it is. Not all apply to this, but for some people, they choose to experiment and decide they prefer that way. I have friends of both types. Being gay isnt a hardwired thing for everyone. Don't paint all people of this persuasion with the same brush.

These people who can magically "choose" their sexuality... do have a hardwired sexuality.  They're bisexual, and didn't know it yet, so they had more of a sexuality window to experiment in than most people.



The Ghost of RubangB said:
TheRealMafoo said:
The Ghost of RubangB said:
But Prop 8 takes away a right based on sexuality, which is unconstitutional in California. We added sexuality to our Equal Protection Clause in May, so we can't have a separate but equal clause like the WSJ suggests. The passing of Prop 8 (if it is allowed) gives us a State Constitution which on one line says "no laws shall discriminate based on sexuality" and on another line says "only people of this sexuality can get married, the other people get their own separate but equal name for it."

Also, a simple majority isn't enough to change a Constitution, and the reason we don't just allow 50% plus one majorities to discriminate against minorities is because then at any point we could just have 51% decide it's suddenly illegal for Chinese to own land (that used to be the law in California).

If we allow Prop 8 to pass, THAT will be a blow to democracy, because that will allow any majority to discriminate against the minority. It is one of the roles of the courts to protect our minorities from our crazy majorities when they want to start taking rights away.

And I don't know what Biden, Obama, or abortion have to do with this. This is a California constitution issue, and this prop is not compatible with our current constitution......

Funny how now things like States Rights, and Constitutions matter to you. When it's to protect something you don't like, those concepts are just outdated.

This is a civil rights issue.  I don't want the state to have the right to tyrannize a minority.  Funny how civil rights and constitutions don't matter to you.  When it's the gays, those concepts are just outdated.

Regardless, it seems more important that the laws stay consistant.  Otherwise it can lead to further breaches of civil rights later.

Like how everyone is afraind more conservative judges on the SC might overturn Roe V Wade.

Why the heck should the Supreme Court be able to overturn a previous decision?

 



Kasz216 said:
The Ghost of RubangB said:
TheRealMafoo said:
The Ghost of RubangB said:
But Prop 8 takes away a right based on sexuality, which is unconstitutional in California. We added sexuality to our Equal Protection Clause in May, so we can't have a separate but equal clause like the WSJ suggests. The passing of Prop 8 (if it is allowed) gives us a State Constitution which on one line says "no laws shall discriminate based on sexuality" and on another line says "only people of this sexuality can get married, the other people get their own separate but equal name for it."

Also, a simple majority isn't enough to change a Constitution, and the reason we don't just allow 50% plus one majorities to discriminate against minorities is because then at any point we could just have 51% decide it's suddenly illegal for Chinese to own land (that used to be the law in California).

If we allow Prop 8 to pass, THAT will be a blow to democracy, because that will allow any majority to discriminate against the minority. It is one of the roles of the courts to protect our minorities from our crazy majorities when they want to start taking rights away.

And I don't know what Biden, Obama, or abortion have to do with this. This is a California constitution issue, and this prop is not compatible with our current constitution......

Funny how now things like States Rights, and Constitutions matter to you. When it's to protect something you don't like, those concepts are just outdated.

This is a civil rights issue.  I don't want the state to have the right to tyrannize a minority.  Funny how civil rights and constitutions don't matter to you.  When it's the gays, those concepts are just outdated.

Regardless, it seems more important that the laws stay consistant.  Otherwise it can lead to further breaches of civil rights later.

Like how everyone is afraind more conservative judges on the SC might overturn Roe V Wade.

Why the heck should the Supreme Court be able to overturn a previous decision?

For the laws to be consistent we can't have sexuality in our equal protection clause at the same time as having a constitutional amendment that discriminates based on sexuality.

I think the Supreme Court should be able to overturn previous decisions because our body of law is a fickle constantly evolving monster, and it has made many mistakes along the way (especially regarding slavery and discrimination).

It was the opinion of the California Supreme Court in May that the government can't discriminate based on sexuality, and in their official statement they said that for marriage to be constitutional at all, it has to be for everybody or nobody, and that whenever a similar issue comes up, there is legal precedent to grant the right to everybody rather than take it away from everybody.  It's always been easier to extend rights to more groups than to take them away.



The Ghost of RubangB said:
TheRealMafoo said:
The Ghost of RubangB said:
But Prop 8 takes away a right based on sexuality, which is unconstitutional in California. We added sexuality to our Equal Protection Clause in May, so we can't have a separate but equal clause like the WSJ suggests. The passing of Prop 8 (if it is allowed) gives us a State Constitution which on one line says "no laws shall discriminate based on sexuality" and on another line says "only people of this sexuality can get married, the other people get their own separate but equal name for it."

Also, a simple majority isn't enough to change a Constitution, and the reason we don't just allow 50% plus one majorities to discriminate against minorities is because then at any point we could just have 51% decide it's suddenly illegal for Chinese to own land (that used to be the law in California).

If we allow Prop 8 to pass, THAT will be a blow to democracy, because that will allow any majority to discriminate against the minority. It is one of the roles of the courts to protect our minorities from our crazy majorities when they want to start taking rights away.

And I don't know what Biden, Obama, or abortion have to do with this. This is a California constitution issue, and this prop is not compatible with our current constitution......

Funny how now things like States Rights, and Constitutions matter to you. When it's to protect something you don't like, those concepts are just outdated.

This is a civil rights issue.  I don't want the state to have the right to tyrannize a minority.  Funny how civil rights and constitutions don't matter to you.  When it's the gays, those concepts are just outdated.

Nope, I am on your side on this issue. I however, think the Constitution and States Rights matter, for all things.



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The Ghost of RubangB said:
Kasz216 said:
The Ghost of RubangB said:
TheRealMafoo said:
The Ghost of RubangB said:
But Prop 8 takes away a right based on sexuality, which is unconstitutional in California. We added sexuality to our Equal Protection Clause in May, so we can't have a separate but equal clause like the WSJ suggests. The passing of Prop 8 (if it is allowed) gives us a State Constitution which on one line says "no laws shall discriminate based on sexuality" and on another line says "only people of this sexuality can get married, the other people get their own separate but equal name for it."

Also, a simple majority isn't enough to change a Constitution, and the reason we don't just allow 50% plus one majorities to discriminate against minorities is because then at any point we could just have 51% decide it's suddenly illegal for Chinese to own land (that used to be the law in California).

If we allow Prop 8 to pass, THAT will be a blow to democracy, because that will allow any majority to discriminate against the minority. It is one of the roles of the courts to protect our minorities from our crazy majorities when they want to start taking rights away.

And I don't know what Biden, Obama, or abortion have to do with this. This is a California constitution issue, and this prop is not compatible with our current constitution......

Funny how now things like States Rights, and Constitutions matter to you. When it's to protect something you don't like, those concepts are just outdated.

This is a civil rights issue.  I don't want the state to have the right to tyrannize a minority.  Funny how civil rights and constitutions don't matter to you.  When it's the gays, those concepts are just outdated.

Regardless, it seems more important that the laws stay consistant.  Otherwise it can lead to further breaches of civil rights later.

Like how everyone is afraind more conservative judges on the SC might overturn Roe V Wade.

Why the heck should the Supreme Court be able to overturn a previous decision?

For the laws to be consistent we can't have sexuality in our equal protection clause at the same time as having a constitutional amendment that discriminates based on sexuality.

I think the Supreme Court should be able to overturn previous decisions because our body of law is a fickle constantly evolving monster, and it has made many mistakes along the way (especially regarding slavery and discrimination).

It was the opinion of the California Supreme Court in May that the government can't discriminate based on sexuality, and in their official statement they said that for marriage to be constitutional at all, it has to be for everybody or nobody, and that whenever a similar issue comes up, there is legal precedent to grant the right to everybody rather than take it away from everybody.  It's always been easier to extend rights to more groups than to take them away.

There wasn't any changes regarding slavery or discrimination.

Slavery was specifically repealed via presidential act.

Discrimination was handled by the equal rights ammendment.

The California equal rights ammendment wouldn't make any difference since we already have the US one in which it is illegal to discriminate via sexual orientation. (to my knowledge.)

Once again (while for gay marriage.)  I don't see the difference between marriages and Civil unions and mens and womens sports... and a number of other things i'd label as dicrimination.  These things should be forced through legally.

I mean what the heck, it's california.  How can California not push this through aren't you guys supposed to have some really leftwing polticians?

If things are bended for good, they can also be bended for bad.  With no checks against it either way.



Kasz216 said:
The Ghost of RubangB said:
TheRealMafoo said:

Funny how now things like States Rights, and Constitutions matter to you. When it's to protect something you don't like, those concepts are just outdated.

This is a civil rights issue.  I don't want the state to have the right to tyrannize a minority.  Funny how civil rights and constitutions don't matter to you.  When it's the gays, those concepts are just outdated.

Regardless, it seems more important that the laws stay consistant.  Otherwise it can lead to further breaches of civil rights later.

Like how everyone is afraind more conservative judges on the SC might overturn Roe V Wade.

Why the heck should the Supreme Court be able to overturn a previous decision?

 

I'm definitely against overturning Roe v. Wade, but 5-4 decisions are prime targets for being overrturned, especially if the times have significantly changed.

I'm glad the Supreme Court overturns older decisions its made, otherwise our laws would be a complete mess.  For instance, if the Supreme Court had never overturned Swift v. Tyson, state law would be something that federal courts could flat out ignore.  This is no longer the case after the Erie decision where federal courts HAVE to apply that states law when the state's law is applicable to the case.

 

 



We had two bags of grass, seventy-five pellets of mescaline, five sheets of high-powered blotter acid, a salt shaker half full of cocaine, a whole galaxy of multi-colored uppers, downers, screamers, laughers…Also a quart of tequila, a quart of rum, a case of beer, a pint of raw ether and two dozen amyls.  The only thing that really worried me was the ether.  There is nothing in the world more helpless and irresponsible and depraved than a man in the depths of an ether binge. –Raoul Duke

It is hard to shed anything but crocodile tears over White House speechwriter Patrick Buchanan's tragic analysis of the Nixon debacle. "It's like Sisyphus," he said. "We rolled the rock all the way up the mountain...and it rolled right back down on us...."  Neither Sisyphus nor the commander of the Light Brigade nor Pat Buchanan had the time or any real inclination to question what they were doing...a martyr, to the bitter end, to a "flawed" cause and a narrow, atavistic concept of conservative politics that has done more damage to itself and the country in less than six years than its liberal enemies could have done in two or three decades. -Hunter S. Thompson

akuma587 said:
Kasz216 said:
The Ghost of RubangB said:
TheRealMafoo said:

Funny how now things like States Rights, and Constitutions matter to you. When it's to protect something you don't like, those concepts are just outdated.

This is a civil rights issue.  I don't want the state to have the right to tyrannize a minority.  Funny how civil rights and constitutions don't matter to you.  When it's the gays, those concepts are just outdated.

Regardless, it seems more important that the laws stay consistant.  Otherwise it can lead to further breaches of civil rights later.

Like how everyone is afraind more conservative judges on the SC might overturn Roe V Wade.

Why the heck should the Supreme Court be able to overturn a previous decision?

 

I'm definitely against overturning Roe v. Wade, but 5-4 decisions are prime targets for being overrturned, especially if the times have significantly changed.

I'm glad the Supreme Court overturns older decisions its made, otherwise our laws would be a complete mess.  For instance, if the Supreme Court had never overturned Swift v. Tyson, state law would be something that federal courts could flat out ignore.  This is no longer the case after the Erie decision where federal courts HAVE to apply that states law when the state's law is applicable to the case.

 

Couldn't that have been changed via say... actual legislation?

I think letting the courts change the deicsions let politicans off the hook for making important yet unpopular decisions.

Bad politicans are smart people who do dumb things for bribes and reelections.

Why worry about gay rights legislation when we can wait for the courts to do it?  I mean they don't need reelection!

Good polticians seem to be the people who do dumb things simply for reelection now a days.

 

 



WessleWoggle said:
segajon said:
Marriage is a union between one man and one woman. That's all I have to say.

 

 

Kay, lets call it smarriage so you don't have any issues.

 

As simple as it sounds something like this would solve the issue for probably 95% percent of people against gay marriage. Make civil unions or "smarriages" have absolutely the same rights that man & woman marriage has. IMO most anti-gay marriage people out there believe that gay marriage somehow intrudes on religion. Whether you agree or not thats how a lot of religious people feel and I'm kind of one of them.



Kasz216 said:
akuma587 said:
Kasz216 said:
The Ghost of RubangB said:
TheRealMafoo said:

Funny how now things like States Rights, and Constitutions matter to you. When it's to protect something you don't like, those concepts are just outdated.

This is a civil rights issue.  I don't want the state to have the right to tyrannize a minority.  Funny how civil rights and constitutions don't matter to you.  When it's the gays, those concepts are just outdated.

Regardless, it seems more important that the laws stay consistant.  Otherwise it can lead to further breaches of civil rights later.

Like how everyone is afraind more conservative judges on the SC might overturn Roe V Wade.

Why the heck should the Supreme Court be able to overturn a previous decision?

 

I'm definitely against overturning Roe v. Wade, but 5-4 decisions are prime targets for being overrturned, especially if the times have significantly changed.

I'm glad the Supreme Court overturns older decisions its made, otherwise our laws would be a complete mess.  For instance, if the Supreme Court had never overturned Swift v. Tyson, state law would be something that federal courts could flat out ignore.  This is no longer the case after the Erie decision where federal courts HAVE to apply that states law when the state's law is applicable to the case.

 

Couldn't that have been changed via say... actual legislation?

I think letting the courts change the deicsions let politicans off the hook for making important yet unpopular decisions.

Bad politicans are smart people who do dumb things for bribes and reelections.

Why worry about gay rights legislation when we can wait for the courts to do it?  I mean they don't need reelection!

Good polticians seem to be the people who do dumb things simply for reelection now a days.

 

 

The Supreme Court was already interpreting a piece of legislation.  And you underestimate how slow Congress can be to respond to a problem, and how willing the Supreme Court can be to strike down Congress's obtuse attempts to get around the Supreme Court's decisions.

Sometimes judges have to make those unpopular decisions.  That is one of the reasons why they in most cases aren't elected officials.  They are there to be the arbiters of the law and the Constitution, even if that means going against popular opinion.  I'm all for politicians who have there act together and aren't afraid to stand up for the issues they believe in, but the American public is about as fickle as it can be.  I'm not excusing politicians, but we are as much to blame as anyone for their shortcomings.  I mean we elect them every year after all.

 



We had two bags of grass, seventy-five pellets of mescaline, five sheets of high-powered blotter acid, a salt shaker half full of cocaine, a whole galaxy of multi-colored uppers, downers, screamers, laughers…Also a quart of tequila, a quart of rum, a case of beer, a pint of raw ether and two dozen amyls.  The only thing that really worried me was the ether.  There is nothing in the world more helpless and irresponsible and depraved than a man in the depths of an ether binge. –Raoul Duke

It is hard to shed anything but crocodile tears over White House speechwriter Patrick Buchanan's tragic analysis of the Nixon debacle. "It's like Sisyphus," he said. "We rolled the rock all the way up the mountain...and it rolled right back down on us...."  Neither Sisyphus nor the commander of the Light Brigade nor Pat Buchanan had the time or any real inclination to question what they were doing...a martyr, to the bitter end, to a "flawed" cause and a narrow, atavistic concept of conservative politics that has done more damage to itself and the country in less than six years than its liberal enemies could have done in two or three decades. -Hunter S. Thompson