Yay for California, USA!

Many ballot initiatives for state constitutional bans have been effective for the gay marriage opponents. There is good reason to fear these bans. Some States (i.e. MA and CA) allow gay marriage and others allow civil unions and/or domestic partnerships, and that the United States Constitution provides for "full faith and credit" given in each of the States. Unfortunately, the Supreme Court has not decided favorably in any case brought forward for those being married in one of those States and attempting to have their home State, like Ohio which banned gay marriage, recognize the act of that State.

 

some research probably wouldve done be some good then huh...

 

To the best of my knowledge, the US Supreme Court has never been asked to hear a case regarding one state refusing to recognise a gay marriage legal in another state. They have been asked to hear a case claiming Massachusetts' gay marriage legalisation is unconstitutional and they declined to take it up (thank the gods).

The 1996 US Defense of Marriage Act (DOMA) trumps the "full faith and credit" clause, so because of it, no states have to recognise a non-man/woman marriage legal in any other state. I don't exactly know why this is so because the full faith and credit clause is part of the constitution whereas DOMA is only federal legislation, but apparently it fits with precedent. Just checking wikipedia, it appears several challenges to DOMA have applied to be heard by the US Supreme Court and have all been turned down, so maybe that was what justjoshoh was referring to. It's interesting that the precedent of not forcing states to recognise marriages legal in other states includes the fact that miscegenist states (which banned interracial marriage) were not forced to recognise interracial marriage legal in other states. Great prior law to rely on, folks!

This is an interesting article about the issue with respect to the two major US presidential candidates: http://www.msnbc.msn.com/id/25555532/

I do love this quote, though, from the article:

It does? Really? Sweet! Yay Lawrence v. Texas!

 

Oh but to get back on track re: the ballot measure: they pass with frightening regularity. It's probably going to be a really, really tough battle and it wouldn't shock me if it were overturned.

What I HATE is how the marriage decision in California is portrayed by the anti-gays as "trumping the will of the people." Then they point to the 2000 ballot measure that restricted marriage in California to a man and woman which passed by 61%. First off, that was 8 years ago. Secondly, 61% is not an overwhelming majority. Sure it's solid but it's hardly like: everybody but nutjobs loves this law. Thirdly, the California state legislature and their state senate BOTH passed gay marriage, only to have it overruled by the idiot Governator, who was somehow fine with the courts deciding it, possibly because then the anti-gays and uber-right wing could cry "activist judges!" (At least, that's the only thing I can figure; usually Republicans are very much against "judge-made" law.)

But more than 50% of lawmakers in BOTH of California's state houses APPROVED gay marriage, so how that is "defying public will," when these people were elected to make law, is beyond me. Ballot measure law-making is just a really, really awful idea and it should totally be eradicated. It's far too open to abuse by the uninformed masses. Talk about tyranny of the "majority." (Majority is in quotes because of course turn-out in elections is hardly 100%, so claiming moral victory when 50%+1 people of all those who voted—which is likely between 60 to 70%, i.e. only 30 to 35% of the population—support your ballot measure is more than misleading if you ask me.)

 

F*** YESSSSSSSSSSSS!!!!!!! Smiles for all!

 

HUZZAH!!!!!
even though it was a while ago.

sadly, in november voters can vote to or not to ban gay marriage. *sigh*

which just makes me want to work harder

 

The day this was passed I was happy, until my mom started talking about how it was bad that that it got passed and was angry about it in my car ride to school

 

This might be of interest: http://www.advocate.com/news_detail_ektid58608.asp

 

Anyone in California reading this board? If you're over 18, REGISTER and VOTE. That's the only way we'll keep the right to marry.

 

The attempt to block same sex marriage in cali will fail and then we'll see a dash of other states in the west take up the fight for equal rights...and you'll see a progressive wave for gay rights everywhere in the US!

Demand your representatives take a stand for equality!