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Full Version: CA's Prop 8, FL's amendment 2 and Arizona's prop 102/ Defining marriage
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misoshiru
QUOTE(Tung @ Nov 6 2008, 03:02 AM) *
I voted

Yes - Prop 8
No - Prop 4

are you serious? you really voted yes on prop 8?
misoshiru
yeah kris! I think that a lot of the women at Smith are also going to be rallying.


and if you really voted yes for prop 8 tung, fuck you. i've lost all respect.
sixfive
Not to say that it's right, but I feel the reason Prop 8 was passed was because the government imposed whatever bill or piece of legislature it was called on the people without their consent before-hand. I think that if they had originally asked the general public to vote on it, prop 8 would not have passed, or whatever the opposite is would have passed.
cakedout
im not a poli sci major, but wouldnt the passing of prop 8 go against the 14th amendment?
Reidar
Not legally, because of how subjective the interpretation is. It's just a dickish move.
coconutter
WHY ARE THEY TAKING RIGHTS AWAY FROM CITIZENS

WHAT

THE

tiddly-winks

DAMN YOU GOVERNATOR
Reidar
This thing passed, yet Proposition 4 (parental notification for abortion in minors) didn't? How stupid. How is it that California can be so secular on Prop. 4 and so "traditional" on gay marriage?
xoxo_proud
I can't believe this didn't pass. I was really shocked.
paperplane
QUOTE(Reidar @ Nov 5 2008, 06:48 PM) *
This thing passed, yet Proposition 4 (parental notification for abortion in minors) didn't? How stupid. How is it that Califonia can be so secular on Prop. 4 and so "traditional" on gay marriage?

Yeah, exactly.

I have a friend who's attributing it to the great graphic design for the yes on 8 campaign. I think he might actually have a point.
Also, of course, the gross mischaracterization of the ramifications of voting for/against prop 8.
Tung
Yanlin, I was just kidding. I didn't even vote at all.
cakedout
QUOTE(Reidar @ Nov 5 2008, 02:58 PM) *
Not legally, because of how subjective the interpretation is. It's just a dickish move.

yeah but it was made vague cause the framers couldn't predict every single situation.
misoshiru
QUOTE(Tung @ Nov 6 2008, 10:12 AM) *
Yanlin, I was just kidding. I didn't even vote at all.

that's just as bad
paperplane
well, not quite...

but almost
Tung
Hey don't judge me because I chose not to vote.
Reidar
QUOTE(cakedout @ Nov 5 2008, 09:59 PM) *
yeah but it was made vague cause the framers couldn't predict every single situation.


Yes, hence the interpretation being left up to individual subjectivity.

There are still people who don't know that the three-fifths compromise designated three-fifths of the slave population to be represented in order to balance the north and the south, not that every individual black person is three-fifths a person.
Joss-eh-lime
QUOTE(Reidar @ Nov 5 2008, 03:48 PM) *
This thing passed, yet Proposition 4 (parental notification for abortion in minors) didn't? How stupid. How is it that Califonia can be so secular on Prop. 4 and so "traditional" on gay marriage?

yeahh i agree with you there.
gay marriage wont physically hurt people, but an abortion will. wtf.
cakedout
QUOTE(Reidar @ Nov 5 2008, 08:24 PM) *
Yes, hence the interpretation being left up to individual subjectivity.

So gays aren't citizens? Is that what Christians think?
Reidar
QUOTE(cakedout @ Nov 6 2008, 03:21 PM) *
So gays aren't citizens? Is that what Christians think?


The interpretation wouldn't come from who is defined as a citizen. Gay people can still marry - just not with someone of the same sex. By that mere allowance, as useless as the technicality may be in application, you aren't unequivocally denying a group of people "life, liberty, or property", as its worded.

I think proponents of Prop. 8 see it as a semantic deal. They're not trying to bar people from living with one another - hence the whole "civil union" offer - but they want to maintain the word itself. Gay people see this as a matter of principle and want access to the same title as them. That's a legit stance to me, but I don't liken it to the racial severity of the Civil Rights Movement. Not even close.
cakedout
QUOTE(Reidar @ Nov 6 2008, 01:35 PM) *
The interpretation wouldn't come from who is defined as a citizen. Gay people can still marry - just not with someone of the same sex. By that mere allowance, as useless as the technicality may be in application, you aren't unequivocally denying a group of people "life, liberty, or property", as its worded.

I think Christians see it as a semantic deal. They're not trying to bar people from living with one another - hence the whole "civil union" offer - but they want to maintain the word itself. Gay people see this as a matter of principle and want access to the same title as them. That's a legit stance to me, but I don't liken it to the racial severity of the Civil Rights Movement. Not even close.

Alrite, I can agree with that. Although, as you put it, it is a "dick move." I still think Civil Unions are just a pity form of marriage.
Tung
QUOTE(Krisaweanie @ Nov 6 2008, 11:59 AM) *
did the rally at smith happen?
The one on west hollywood last night was crazy. only one street was supposed to be closed down, but we broke off and headed to sunset blvd and some UCLAers joined us.

f uck UCLAers. us UCDers eat you.

kevin why you so up on this gay marriage thing? whistling.gif
is there something you wanna tell us keviepoo.
misoshiru
QUOTE(Krisaweanie @ Nov 7 2008, 03:59 AM) *
did the rally at smith happen?
The one on west hollywood last night was crazy. only one street was supposed to be closed down, but we broke off and headed to sunset blvd and some UCLAers joined us.

not sure. i don't go to smith. D:


Civil Union IS a pity form of marriage. It's just telling gay couples that, yeah, we'll let you kind of get married under the name of civil union so you get legal protection, but there's no federal protection to it. And at the same time, we'll deny you a hell of a lot of rights that heterosexual married couples have. So even if you're "married" under the name of Civil Union, it's only a formality.
TiffanyFactorial
QUOTE(Krisaweanie @ Nov 6 2008, 06:17 PM) *
Many don't realize that being married is to someone is not just label. It is also being recognized by the government; it will allow rights and benefits that a non-married couple wouldn't have. Such as, consent, government benefits, etc. These are only available to spouses, not partners.


i couldn't have said it better myself. i've been trying to stress this with people who have tried to tell me that marriage is defined & there is wiggle room for anything but a man & woman.

we all know that the decision in three states have been thus far approved to ban gay marriages. there is actually a petition going on in california against prop 8. they're trying to overturn it in hopes that if they get 1 million people to sign it, it'll be a ballot measure again in 2012. i could be wrong. i dont know if i'm allowed to post the link or not, so if you're in california, 18+, & against prop 8, ask me for the link for the petition.
brooklyneast05
so, is this retroactive? what about all the gay couples already married? are they just all the sudden legally not recognized as married?
paperplane
If it's retroactive, it will be found unconstitutional.

QUOTE
Let's examine the text of Prop 8:
QUOTE
This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8, of the California Constitution.

This initiative measure expressly amends the California Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.

SECTION 1. Title
This measure shall be known and may be cited as the “California Marriage Protection Act.”

SECTION 2. Section 7.5 is added to Article I of the California Constitution, to read:
SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.

This italicized statement is the only statement of any worth to this proposition, and upon examining it, it does not say that only a man and a woman shall be granted the right to marry from now on. It says much more than that. It says that only a marriage between a man and a woman is valid or recognized, meaning those between the same gender are invalid. The problem is that California has already issued marriage licenses to gay couples, and now, according to this proposition, they are invalid. The language is retroactive.

According to U.S. Constitution Article I, Section 10, states cannot create ex post facto laws. Hence, Proposition 8 is unconstitutional. If it goes to the Supreme Court, it will easily be struck down and Scalia will be the first one to strike it down. He'd probably personally shoot the lawyers who drafted this language if he could.

Also, it's not clear this is meant to be an amendment or a revision. Who the hell wrote this piece? Seriously? You couldn't say "adding an amendment" instead of "adding a section thereto"? Haha. Something makes me think the Cali Supreme Court allowed this to go to the vote just to have a little fun. No judge in his right mind would think this proposition was constitutional.
sixfive
I ask because I don't know, but was the initial bill/w.e passed constitutional in the first place?
brooklyneast05
speaking of constitutional, i don't understand how NOT allowing the marriage is constitutional _unsure.gif doesn't the constitution grant equality?
sixfive
Some would argue that the constitution is absolute, some would argue that it's a guideline. If not specifically stated, then it's up to interpretation.
paperplane
If it were too specific it wouldn't have lasted this long. But that's why it's important to have a balanced supreme court of conservative and liberal judges (in a strict/more malleable constitution sense).

I don't think it's accurate to say that it grants equality, so much as justice or fairness. If it were a matter of equality, there would not be such widespread fear of socialism.

Steven, if I understand what you're asking, no. At least not by the California constitution, which is why in May gay marriage became legal, because the California supreme court overruled the previous statute effectively banning gay marriage. That's why this time they're trying to revise the state constitution against it.

I don't like the idea of an American constitution as something that is able to be amended to restrict non-harmful actions, but of course it wouldn't be the first time. As it is, I don't think it would be ok if this weren't so much a matter of semantics. I think people are concerned that it could be considered discrimination if religious leaders refused to marry a same sex couple. I have no doubt that there are other people who are able to perform marriage ceremonies who would not be opposed.

Anyway, it's of course complicated, but I do honestly think that ultimately these gay marriage bans will be considered unconstitutional discrimination. Wishful thinking, possibly, but if I'm wrong, I think that marriage and civil unions will have to become completely separate entities, as the current practice is dangerously mixing government and religion. (After all, saying "why can't gay people just get a civil union" is an awful lot like saying "why can't the black people just drink from other water fountain.")
cakedout
QUOTE(brooklyneast05 @ Nov 7 2008, 11:43 AM) *
speaking of constitutional, i don't understand how NOT allowing the marriage is constitutional _unsure.gif doesn't the constitution grant equality?

i just argued this with Reidar. Basically, gays can marry....just not with other gays, so "technically" aren't denying them the same rights as others. As for the legal cases, civil unions are offered.
brooklyneast05
oh, hmmmm. well, that's fucked up. especially since from what i can tell civil union =/= marriage, since one doesn't seem to be recognized by the federal government and one does.
paperplane
QUOTE(cakedout @ Nov 7 2008, 05:35 PM) *
i just argued this with Reidar. Basically, gays can marry....just not with other gays, so "technically" aren't denying them the same rights as others. As for the legal cases, civil unions are offered.

But it doesn't matter if civil unions are offered if they aren't treated like marriage.

QUOTE(Florida Amendment 2)
“Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.”

This would render civil unions completely useless, insofar as it would disallow domestic partners (homosexual or even heterosexual) from having the same rights that a married couple would.
Reidar
QUOTE(cakedout @ Nov 7 2008, 05:35 PM) *
i just argued this with Reidar. Basically, gays can marry....just not with other gays, so "technically" aren't denying them the same rights as others.


Yes, because then you're not categorizing by a group of people, but rather, the action itself. A straight person couldn't marry another of the same gender anymore than a gay person.

Obviously, that's not fair at all (who would want to marry oppositely of their preference?), but unconstitutional it isn't.
cakedout
QUOTE(paperplane @ Nov 7 2008, 02:48 PM) *
But it doesn't matter if civil unions are offered if they aren't treated like marriage.
This would render civil unions completely useless, insofar as it would disallow domestic partners (homosexual or even heterosexual) from having the same rights that a married couple would.

lol no shit, but its like saying, No you cant have some of the cake, but here, the dog food is all yours.
brooklyneast05
laugh.gif
paperplane
That's not my point, though. Heterosexual domestic partnerships would also be made virtually useless, and I would imagine that homophobes would have no problem seeing that as a matter of taking away people's rights. it would cause problems, regardless.
coconutter
QUOTE(Joss-eh-lime @ Nov 6 2008, 01:53 AM) *
yeahh i agree with you there.
gay marriage wont physically hurt people, but an abortion will. wtf.



First of all, if you think not giving people rights won't hurt them you're sadly SADLY mistaken. How did your ancestors feel when they weren't given rights? You think they weren't hurt?


I know you said physically but you're acting like it won't hurt them at all, like it doesn't MEAN anything to have rights. That's the attitude you come off as having based on your other posts.

Second of all, most of the babies aborted don't have a nervous system yet, so they don't feel shit. The proposition wasn't even about the act of abortion, it was about notifying parents which is almost irrelevant.

Seriously, stop dehumanizing other people. That is the most fucking ridiculous statement I've ever EVER heard.
dafto
1. The marriages are definitely retroactive as the idiots who wrote prop 8 didn't define that portion, therefore couples are protected by the grandfather clause.

2. It is definitely unconstitutional, as writing discrimination into the constitution, the constitution is designed to preotect rights, how can taking away and completely banning a group of people of rights be considered constitutional?

3. The gay rights movement is just as valid and important as any other because in the end we're all human and when has it ever been okay to dehumanize someone?

4. Saying that gay people can still marry but not people of the same sex makes no sense. That's like saying arranged marriages are cool bc hey at least you're getting married right?

Its about being treated fairly, everyone in life wants a chance to live the life they choose, civil unions don't provide the same protection nor the same rights under the law that marriage does.

&last time I checked the church is not supposed to have anything to do with politics or law, the fact this passed based on that alone is ridiculous.


But whatevs, many lawsuits and appeals have been filed and the fight for gay rights will not stop until a fair resolution is met, regardless of what all these over zealous bible thumpers have to say.
Reidar
QUOTE(coconutter @ Nov 7 2008, 09:02 PM) *
The proposition wasn't even about the act of abortion, it was about notifying parents which is almost irrelevant.


This should be irrelevant in regards to being common sense, but it isn't. The parents of a minor should be notified of what's going on with their kid because of where the burden of responsibility lies.

QUOTE(dafto @ Nov 7 2008, 11:19 PM) *
2. It is definitely unconstitutional, as writing discrimination into the constitution, the constitution is designed to preotect rights, how can taking away and completely banning a group of people of rights be considered constitutional?


No, it isn't. The law would bar a specific action that a group of people would just so happen to be inclined to - not the people as the component, themselves.

It's backwards and unfair, in my opinion, but not in constitutional violation.

QUOTE
3. The gay rights movement is just as valid and important as any other because in the end we're all human and when has it ever been okay to dehumanize someone?


As valid? Yes. As important? It's a defining issue for this era, but somehow, I think of mob lynchings and public segregation to be more grave situations than marriage rights.
cakedout
this arguement is useless, it will be legalized within the next 10 years, seeing as how as generations progress, americans tend to be more lenient toward gays.
misoshiru
the governator opposes prop 8

http://www.washingtonpost.com/wp-dyn/conte...d=moreheadlines
vogueXdirge
I don't know why people can't just live and let live.

If I marry another man, its no one else's business but my own.
NoSex
QUOTE(Krisaweanie @ Nov 10 2008, 11:35 PM) *
the thing is, we don't all believe in the same thing, thus one shouldn't thrust their belief on someone that differs from theirs just because of the fact that they believe that their morals are higher.


not a functional principle: consider, the case of murder. there are certainly people who have, in specific instances, believed their murderous behavior to be perfectly justified & moral... given your stance, who is to tell them that their behavior is wrong?
cakedout
QUOTE(Krisaweanie @ Nov 11 2008, 03:35 PM) *
it's the government that tells us if ones behavior is right or wrong

if the government told you to kill your parents, would you?
cakedout
QUOTE(Krisaweanie @ Nov 11 2008, 04:03 PM) *
If i'm an extremists sure, but is that what the u.s. government is telling us to do? no.

Such hypothetical situation is not really valid.

thats very subjective, are we not kill civilians now?
Tung
lmao @ cakeedout hellaaa proottecctivee ovv gayy RIGhhtzz... _unsure.gif _unsure.gif

cakeedoutt cummm outyya of datt clossett alreaddyy sonn sonn.. loool.gif loool.gif
NoSex
QUOTE(Tung @ Nov 11 2008, 06:10 PM) *
lmao @ cakeedout hellaaa proottecctivee ovv gayy RIGhhtzz... _unsure.gif _unsure.gif

cakeedoutt cummm outyya of datt clossett alreaddyy sonn sonn.. loool.gif loool.gif


omg you're so unfunny.
cakedout
QUOTE(Krisaweanie @ Nov 11 2008, 05:26 PM) *
Well, I don't know about you but i'm not killing anybody, parents or civilians.

ever bought jewelry? lol probably funded a war right now
QUOTE(Krisaweanie @ Nov 11 2008, 05:26 PM) *
Of course the government can not dictate every single factor and determine whether it is right or wrong. However, with America being a melting pot of not only races but also religions; along with that we differ in many morals and values. the government is the one somewhat playing mediator and setting up laws that ensures that something does not violate our right to life, liberty and the pursuit of happiness.

like 90% of this paragraph is irrelevant, you coulda just said we vote on whats right
QUOTE(Krisaweanie @ Nov 11 2008, 05:26 PM) *
Now comes the fact that a government will allow the passing of prop 8 suppresses the unalianable rights that was written in the Constitution and guaranteed to every single American citizen; just because of the fact that 52% of californians find it morally wrong, though not the only reason but the most prominent.

lol is there even a point in here or just a bunch of sentences?
cakedout
QUOTE(Krisaweanie @ Nov 11 2008, 07:45 PM) *
wow, harsh.

what's irelevant is you're rebuttal.
You ask a hypothetical situation, if the government told me to kill my parents, would i? I said if i, perhaps, was an extremist then there would be a high probability that i would.

Then you switched it to civilians, and i said that i, personally, have not killed any; Now you're asking a completely irrelevant question to gay marriage about whether i have bought jewelry because it facilitates the war on terror?
Yes, apparently you don't have the ability to grasp it.

lol look at you take everything so personal, here ill be nicer.

since you completely see my point in that your faith in the government is too heavily favored(yes this is an opinion) ill be more literal

you claim makes it seem like the government acts as god. with my response, im simply saying that just because the government says its right, doesn't mean it is. which is then why i asked if you would kill your parents if the government told you to. although you said no, i brought upon another point that most people are indirectly supporting war without even knowing. and last of all, no you had no real point, you just stated a buncha facts that everyone already knows.


"Now comes the fact that a government will allow the passing of prop 8 suppresses the unalianable rights that was written in the Constitution and guaranteed to every single American citizen; just because of the fact that 52% of californians find it morally wrong, though not the only reason but the most prominent."

"our" government
its also "unalienable"


and plz explain this

just because of the fact that 52% of californians find it morally wrong, though not the only reason but the most prominent.

wasnt a complete sentence so i had no idea where you are going with that
Janette
Pretty much this.

NoSex
QUOTE(Janette @ Nov 12 2008, 12:39 AM) *
Pretty much this.


word.
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