Love + Sex

Monday, October 6, 2008

Gay marriage for everyone! Why we love the California Supreme Court

You might have heard how, on May 16, California legislature pulled its thumb out of its ass, and overturned the gay marriage ban, ruling that restricting marriage to heterosexual couples violates state constitution, which guarantees equal protection under the law. Basically, everyone has the fundamental right to marry whomever they please, regardless of gender.

I could complain that it's been far too long in coming, be incredibly pessimistic and talk about how long this is going to last--right up until the November elections, and the initiative to amend the constitution, in fact. But instead, I'm going to tear up a little bit, and be very proud of the state I consider home (as if I had something to do with it! but still). The concurring opinion, written by associate Justice Kennard, will make you proud, too.

"There is a reason why the words 'Equal Justice Under Law' are inscribed above the entrance to the courthouse of the United States Supreme Court. Both the federal and the state Constitutions guarantee to all the 'equal protection of the laws' (U.S. Const., 14th Amend.; Cal. Const., art. I, § 7), and it is the particular responsibility of the judiciary to enforce those guarantees. The architects of our federal and state Constitutions understood that widespread and deeply rooted prejudices may lead majoritarian institutions to deny fundamental freedoms to unpopular minority groups, and that the most effective remedy for this form of oppression is an independent judiciary charged with the solemn responsibility to interpret and enforce the constitutional provisions guaranteeing fundamental freedoms and equal protection."

And among my favorite stories following all of this is that George Takei, one of my childhood heroes (and hey! now on Heroes), is going to marry his sweetheart of 21 years. Here is where many terrible jokes would go about the final frontier, if I wasn't such a sap and busy bouncing up and down in my seat and going squee.

SEE ALSO: "Here come the brides!"

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  1. 1. California Marriage Protection Act

From the Community…

Comments 1-10 of 11
  • pippikstarfire1415's Avatar
    Posted by pippikstarfire1415 Wed May 21, 2008 12:16pm PDT

    I dont get what the problem is with gay people let them get married so what do you care after all doesnt the bible say God is love. I am a christian yet I do not believe God would really be mad after all If they love each other than what about it at least you dont have to worry about a little girl getting pregant so why not worry about that

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  • oohay's Avatar
    Posted by oohay Wed May 21, 2008 12:56pm PDT

    I'm pretty sure one sin doesnt negate another by "worse". Homosexuality is nothing more than an indulgance of a temptaion that becomes a requirement for excitement once that indulgance becomes the norm.

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  • ily_pepsi999's Avatar
    Posted by ily_pepsi999 Wed May 21, 2008 6:19pm PDT

    well i am a cristian too and i think being gay is wrong after all is'nt that one of the reasons god destroyed sodom and gomorrah but it the persons choice and its not like imma tell them their wrong and disgusting because they may be wrong but not disgusting after all they are still humans and are like us in almost every way

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  • Wiary's Avatar
    Posted by Wiary Thu May 22, 2008 8:15pm PDT

    I was brown left handed and with brown eyes. Genetically, I was unlucky enough to get the OCD gene, passed down from generation to generation. I am the only one of my siters who got big boobs. I am also the only one with dark brown hair. Do any of these traits make me "wrong" somehow? Gay people are BORN GAY.

    Let me give you this: I experimented with sex with women, sex with men, and with both (I had an interesting mid 20s run!). However, I chose to sexually experiement with women, but it is men I am attracted to on a regular basis. I know I am not gay and never have been.

    That is an example of someone making a CHOICE! Gay people are not "experimenters". They are gay, born that way, and it is no more of a birth defect than my left handedness or big boobs!

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  • jane011749's Avatar
    Posted by jane011749 Mon May 26, 2008 5:55pm PDT

    Did someone in California (or Californication)forget--the courts can't overturn the will of the people--it was voted on and the people of Cal., overwhelmingly voted that marriage is to be between 1 man and 1 woman--so I think that means that it is still ILLEGAL. Gay marriage is an assault on the family. No nation, in the past, that embraced homosexuality, has survived. Wonder why? Also, if you check out the 7 major religions of the world, NONE of them condone homosexuality. Wonder why? I have a son who thinks he's a daughter, he's been on hormone therapy, recently got a boob job, planning on a sex change, and has a "partner". I think it is totally wrong. Don't get me wrong, I love my child (he's 36, has 3 kids) but I have a hard time wrapping my brain around this.

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  • BellaV's Avatar
    Posted by BellaV Tue May 27, 2008 8:40am PDT

    Right or wrong.

    Who are we to judge?

    We are no one to judge, that is God's job alone.

    Our task is to spread the word and love of God.

    Is that not what the bible's message conveys?

    We are all people and at the end of the day what matters is what did you do during that day to make a difference for someone or something.

    It is about you, not what you think everyone else should or shouldn't be doing.

    That's what I think, anyway.

    I love my sister and her parnter is a wonderful person. I love my brother and my siser-in-law isn't so wonderful, but I love my brother and he loves her. So, I go with that.

    I didn't say it was easy, I'm just saying to try.

    God bless.

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  • kimberlee_prather's Avatar
    Posted by kimberlee_prather Tue May 27, 2008 10:27am PDT

    I totally agree with Wiary above. Being gay is not a choice - it is chosen for you. And as for it being "an assault on the family" --- WTF? How does someone being or not being gay affect my life on a daily basis? The answer is that it doesn't! What other people do in their bedroom has no bearing on how I go about my everyday life. For the people who think that being gay is a voluntary choice, think abouth this. Why would someone choose to live as an outcast and have sex with someone that they are not attracted to? They wouldn't! Isn't it a bigger wrong to lie and say that you are straight when you are not? Think about that New Jersey Governor (his name escapes me right now) who lied to his wife and said that he was straight when he obviously wasn't. He deeply hurt his wife. Wouldn't it be better if all gay people felt they could be honest with their family and friends and even themselves? I'm sorry if I'm being mean about this but this is a topic that I have very strong feelings about. I feel that we are too judgemental as a society and that as long as no harm is being done to anybody, then we should all learn to be more openminded about things like this. That is the only way we can move forward as a country.

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  • instrumentjamlord's Avatar
    Posted by instrumentjamlord Tue May 27, 2008 4:07pm PDT

    Just a couple of points:

    1) Someone needs to study up on how the courts finding something unconstitutional works.

    2) Religious reasons against homosexuality are not relevant in the context of the government. We operate according to the California Constitution, not Sharia.

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  • Cathead's Avatar
    Posted by Cathead Tue May 27, 2008 8:22pm PDT

    Read your constitution. If it were about the will of the people, then there are states where slavery would still be legal. You simply cannot use the consitution to deny citizen's rights. The same arguments used today to deny same-sex equality were used several decades ago to deny the rights of inter-racial couples to marry. If anyone could make a logic argument how my neighbors Scott and Mark's marriage damages my 'traditional' marriage, I'll listen. But, leave your bible at home- I want logic, not dogma.

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  • Ampz's Avatar
    Posted by Ampz Wed May 28, 2008 12:31pm PDT

    I believe it will take time for gay marriages to be recognized in every state. There will be racisum and prejudice everywhre no matter what century you live in.. that's a fact. One thing we ought to do- is to do the right thing. Just because you're gay doesn't mean you don't have the right to love- to be loved- or to make a commitment with the one you want to spend the rest of your life with. Everyone should have that right.

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