Did the California Supreme Court make the right decision to repeal the ban on gay marriage?


http://news.yahoo.com/s/ap/20080515/ap_o…

I don’t agree that mob rule trumps the rule of law and the Constitution. It might be the will of a mob, the “people,” to string somebody up from a tree and lynch them but that doesn’t mean it is legal or Constitutional.

The court ruled that civil rights cannot be denied to a select group of American citizens simply because they are gay. Even if the mob rules otherwise.

The reason we have laws and a Constitution and a court system to enforce what is constitutional is to hold society together in a way that allows people to live in a reasonably safe and sane manner.

Suppose an individual decides it should be illegal to be a Methodist? Or maybe a group of folks decide that we should only be allowed to drive blue cars but not red ones?

How many ways should the will of the mob be allowed to infringe on our individual rights? There has to be a balance.

Marriage is a civil act performed by public servants paid with tax dollars and so such a public “conveyance” must be made available to all of the public. What private churches do – or don’t do – is their private religious business.

All Americans must enjoy equal civil rights (unless, of course, the person forfeits said rights by committing felonies, etc.). This, at least, is a no-brainer and the gay-bashers who are blinded by their anti-gay zealotry really do need to grow a few more brain cells.

How two private American citizens choose to legally solemnize their relationship is nobody else’s public business. It’s between the two people.

Marriage does not come to an end just because all Americans can marry. The married gay couple have better things to think about and do than to invade the private sanctity of a heterosexual couple’s bedroom and dictate what they are allowed to do there. Nobody is trying to destroy the institution of marriage. That’s just ludicrous.

Well, someone will try to overturn it, of course, but I don’t think they’ll succeed at this point. For the time being, gay marriage will be legal. When a state Supreme Court makes a ruling like this, it’s basically saying that no law banning gay marriage is legal, no matter how many people vote for it. So unless the constitution is changed, the ruling can’t.

Thank God “people” (meaning the masses) don’t decide constitutional issues. We’d still have laws against miscengenation and women wouldn’t have the vote.

California’s constitution (anyone posting here read it?), Article 1, Section 7, says in part…”A person may not be…denied equal protection of the
laws…” and goes on to say its constitution may not violate the 14th Amendment of the U.S. Constitution.

The 14th Amendment says, in part, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

All persons entitled to equal protection. All. Equal. The arguments made against same sex marriage are the same ones made against interracial marriage…and that silliness was stopped by Loving v. Virginia.

Now you just watch. No one here will post a word about equal rights or jurisprudence or the fact that marriage licenses are issued by the state, not by some church.

They will rant about what they think is right and wrong and quote the Bible (often incorrectly) and go on about reproductive rights (really NOT the issue here at all) and moan about the end of the world…but they will NOT discuss the issue. Because they cannot do so intelligently and without sounding like the bigots they are.

By the way, those judges were appointed by conservative Republicans for the most part…really not a panel of “liberals” but I didn’t expect anyone to research that either.

Right or wrong. Bible or not. At the basic level. Gays can’t procreate. Fundamentally, it doesn’t promote the human race at the most basic level. So at the higher levels, how can it be the right decision. Cloud it as you may with all your points about Republicans, interracial marriages, rights, etc.: we are right wingers….At my basic level, I’m a human being and the contiued existance of the race, requires procreation.

Hey, let’s all have gay marriages and use invetro to get babies.

And most people wonder why the Islamic radicals want foreign influences out of their societies.

The California Supreme Court made a blunder that America will suffer for years until this is corrected.

…, Naked came I out of my mother’s womb, and naked shall I return thither: the Lord gave, and the Lord hath taken away; blessed be the name of the Lord. (Job 1: 20-21)

Is that quoting scripture properly, I think so!

I wonder how many people in here that are screaming about leftist-liberal judges, know that SIX of the seven justices on the California Supreme Court are republicans, appointed by republican governors?

None it would seem.

The courts protect us from ourselves sometimes. Mob mentality does not make right, otherwise there would be no interracial marriages, no woman’s right to make her own decisions, etc.

I don’t discriminate against gays, I think it’s wrong, I don’t think there’s anything that straight people have should not be for them because of their sexual orientation. However, this decision was wrong. Marriage is a religious institution, this is how it is defined, this is how it came about, and it was defined as a union between a man and a woman. The state does not have the right to redefine a religious sacrament. California already provides domestic partnerships that guarantee gays all the same rights as a married couple, this is especially why this ruling is unnecessary.

Yes. They overstepped the bounds of the court. The opinion didn’t address law but the social situation, which is the province of the legislature.
There seems to be a lack of solid legal thinking on the left coast. 9th circuit on the federal level is a joke, being overturned on a regular basis. Perhaps they should get rid of their law schools and make their lawyers go east where they can learn law properly.

Of course they made the right decision

Yes

Yep. Equality is not subject to majority opinion.

Don’t like it? Change the constitution.

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