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Gay marriage NOT legalized in California

May 26, 2009

The Supreme Court has ruled to uphold Proposition Hate in California as a valid constitutional amendment.

As much as I hate the decision, I actually think the Supreme Court did the right thing here. It’s not their fault the laws are what they are, it’s only their job to make sure they’re followed. Despite the fact that it worked against my civil rights, I’m glad that they upheld the law as it’s written — that’s the better precedent to set, and puts the lie to all the right-wingers who would just looooooove to bang the drums about “activist judges.” In the long run, I think this actually helped us. If we don’t like constitutionally-valid laws, it’s our job to change them, not theirs.

Our problem last November was we thought Prop 8 failing would be a given in California, that we’d just sail through without having to get active. Let this be a lesson to us when the overturn initiative goes on the ballot.

This is only a setback. Disappointing, but not insurmountable. But no one is going to do the work for us.

From → gay issues

4 Comments
  1. Jake permalink

    My problem is the fact that the marriages that did happen will still be legal. Don’t get me wrong, it is certainly awesome for them and I am happy for all of those who got the chance… but it seems odd that it would be allowed. How can one couple be legally recognized as married when another couple cannot? By letting them stay married, it makes the amendment seem even more ridiculous.

    • If I understand the lettering of the amendment, it does not annul the existing marriage, but CA will not recognize same-sex marriages regardless where they were performed (even in CA). In CA, there is still only one class of homosexuality in the state’s eyes (despite making two classes of people in general by the existence of the amendment).

      Yet, this does not deny other states from recognizing the marriages that CA preformed and no longer recognizes. To annul them would just be insulting (on top of injury) and treading dangerously close to other state’s jurisdictions as the only thing affected by the annulments would be other states. There is also the whole ex-post-facto business that the issue might or might not have had to defeat, too. It would be more trouble than it is worth for them.

      This way, it is simply not CA’s problem now. 😕

      Of course, I could be wrong. I read the amendment months ago, and it can never be said my memory is trustworthy.

  2. Certainly true. No one will do the work for you.

  3. The CA Supreme Court is essentially wussing out.

    What I keep hearing cannot be correct. It has to be a mistake. What they keep telling me is: CA will honor CA same-sex marriages that were made, not allow any more CA same-sex marriages to be made and not recognize and same-sex marriages from other states at all.

    This cannot be correct. No?

    If it is correct, the CA Supreme Court has essentially orchestrated an escalation of the issue that can only end with only the result of what they did previously, but this time, they can claim absolution even though they directly caused it.

    They wussed-out on this.

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