Gays can get hitched in California now. Snap!

I figure some of you have shit to say about this:

California’s supreme court ruled that a ban on gay marriage was unlawful Thursday, effectively leaving same-sex couples in America’s most populous state free to tie the knot in a landmark ruling.

In an opinion that analysts say could have nationwide implications for the issue, the seven-member panel voted 4-3 in favor of plaintiffs who argued that restricting marriage to men and women was discriminatory.

“… limiting the designation of marriage to a union ‘between a man and a woman’ is unconstitutional and must be stricken from the statute,” California Chief Justice Ron George said in the written opinion.

Drew at Ace of Spades does that legal-analyst thing I have no clue about but is interesting.

I’ve never had much of an opinion about gay marriage but I know most everyone else does so feel free to rant. All I know is, it’s only a matter of time before there’s a new reality show called Queer Bridezillas of Orange County.

158 Comments


-Comments do not necessarily reflect the views of the blog owner.
  1. A Recovering Liberal Says:

    As an O.C. native, I’ll venture that you won’t find queer bridezillas here. Look farther north, like the Bay Area.

  2. Tully Says:

    I really do not care if gays get hitched. Why should us straight people endure all the pain?

    But the court’s reasoning, in a word, sucks.

  3. David Colborne Says:

    I’m very happy to hear that gay men will now get to experience the same level of legal pain and hell that straight marrieds have endured for so long.

  4. Kel Says:

    I’ve always wondered why the government feels like it needs some kind of say in marriage. Correct me if I’m wrong, but isn’t marriage a commitment before GOD (or whatever you believe in) and not the State? As far as I’m concerned, from the State’s point of view, marriage shouldn’t be considered as anything else than a contract between two individuals agreeing to share resources in some agreed upon fashion.

  5. chickia Says:

    “Marriage” is a religious sacrament to be joined under God. It’s also a civil and legal definition that confers specific legal rights in our society. I think it’s truly unfortunate that they share the same word. Most reasonable people are OK with the idea of civil unions that confer partnership rights, at least I’d like to think so.

    I personally believe that whenever two people care deeply enough about each other to want to make a lifelong personal commitment then we should honor that. There isn’t really enough of it in America that we should be picking & choosing who is worthy enough to be allowed commit to each other.

    I understand that many people with religious convictions will object to their “marriage” being put into the same category as a union that they find deeply offensive to God. I sympathize. But gay marriage is “marriage” only in the civil/legal sense of the word, and any religious meaning to the word is conferred by the specific church you belong to.

  6. shawn Says:

    I don’t think the founding fathers were thinking of freedom to bum each other legally. Strange new world. I say keep the govt. out of their lives, but then there is visitation while sick and all that stuff.

  7. Kit Says:

    What bothers me about it is simply that the people voted against it, and the courts said “too bad!” That scares me.

  8. laughykate Says:

    ‘All I know is, it’s only a matter of time before there’s a new reality show called Queer Bridezillas of Orange County.’

    Genius.

  9. Hu Ugonna Caw Says:

    Family lawyers must be very happy about this news - more “clients”, or, as they are known, victims…

  10. Kyle Says:

    As Kit said, the thing that bothers me about it is, the people of California said NO, and the courts over ruled them.
    I personally feel that government has no business in the marriage field, be it state federal or local. Its a covenant between two people and god (or the flying spaghetti monster, Allah, ect).

    On the bright side, hope it wakes some people up. No matter how you vote, the liberal activist judges feel they have to right to over rule you.

  11. lucy Says:

    What bothers me about it is simply that the people voted against it, and the courts said “too bad!” That scares me.

    As a resident of California this bugs me to no end too. It’s really frightening that “The Court” thinks it knows better than the people.

    I don’t know why government has to be involved in marriage at all.

  12. ~Paules Says:

    The primary purpose of marriage in all societies through time has been for the propagation and raising of children. Husband and wife provide the most stable arrangement for raising and socializing a psychologically healthy child. Any other benefits that accrue to the couple are incidental to the fundamental purpose of marriage. Children are best raised by one man and one woman bonded as a family. Every statistic we have about the future success of the child bears this out.

    If gays want to enter into a civil union, I say fine. But it’s not marriage because such an arrangement satisfies the incidental benefits without addressing the fundamental purpose. Children need both a mother and father. Should gays be allowed to adopt? Maybe. I suppose such an arrangement is better than being raised in an orphanage. Maybe even better than being raised in an abusive heterosexual household. Then again, maybe not. My experience as a teacher informs me otherwise. When mom goes lesbo, you get very angry sons, and very confused daughters. Ditto for dad when he switches gears in the middle of the race. My evidence is anecdotal; I would like to see some statistics.

    As far as courts deciding the issue, I’m sorry, it’s not the prerogative of any court to legislate from the bench. California voters decide one way; the bench smacks them down. Same thing on illegal immigration. It’s part of the All High Church of Liberalism and the high priests installed to enforce liberal orthodoxy. You think the current election isn’t important? Can you say, “Ruth Bader-Ginsburg?”

  13. Gary B. Says:

    Shortly we will hear the Muslims have decided to push for legalized marriage to their goats. After all, Muslims are known as goathumpers. The California Supreme Court will certainly side with them to keep from offending goats.

  14. Justin Buist Says:

    It’s really frightening that “The Court” thinks it knows better than the people.

    Sorry, you can’t pass laws that violate the state constitution. Them’s the breaks. Just ask San Fransico. They’ve tried banning handguns twice and the courts shot it down.

    If it’s the Will of the People then get an amendment going.

  15. daddyquatro Says:

    Justin,
    Sorry, you don’t get to make up rights “discovered” in a state constitution that aren’t there.
    I’ve never read the California constitution but I’m fairly sure you won’t find the words…
    “The right of the People to munch carpet and pack fudge shall not be infringed.”

  16. nonsubhomine Says:

    fact of the matter is, the people are going to decide this. I heard that there is a same sex marriage proposal for the California State Constitution going to the polls this fall. If the amendment passes, all of this was just one gigantic waste of time, and yet another chance for the judiciary to thumb its nose at the will of the population.

  17. kermitt Says:

    why not,none of my business

    re:goats;marriage or any contract requires informed
    consent

  18. Para Says:

    I HATE when people try to hide thier bigotry behind the ol’ chestnut “Marriage is about the children!”

    Bullshit. Half of marriages end in divorce, and some 30 percent of white married couples don’t even have children anymore. Should “children” be the definition of marriage? I think not.

    Marriage is about taking a partner, making a pact, and having the Government now screw you out of your pact when it comes to legal matters.

    That said, I think the Government should get completely out of the marriage validation business. They have no more right to tell me and my wife we are a “real” couple than they do any gay couple out there. The government should only register couples, if Churches want to have another version of a wedding, more power to them, but letting churches, or bigots decide partnerships is just wrong.

    Oh, and for you assholes who want to throw around the “sodomy” slanders, do you really want sodomy laws enforced? Really, no more blowjobs from your wife?

    ReallY???

  19. dfwmtx Says:

    On an emotional level, I don’t believe gay men should be allowed to marry because all the gay male couples I’ve met acted like they were married, but in fact they weren’t monogamous; there was cheating or sometimes they brought in a third.
    On the other side, I’ve met plenty of lesbian couples who are definately committed to each other and never cheated. So emotionally I feel they should be able to get married.
    But that’s how I feel on an emotional level. When I try to think about it rationally, I either end up with “why not let gays get married if they really are in a loving, committed relationship?” or “screw it, why bother having marriage for anyone -straight, gay, whatever- if all they’re going to do is eventually be unfaithful?” So rationally, I have not yet reached a position I’m satisfied with.

  20. gmsc Says:

    Does anybody think that this court decision may have effectively handed California over to McCain in November?

  21. Michellecag Says:

    Yea I’m one of those silly people who think of marriage as “man+woman=marriage” and not “man+man who acts like a woman ect ect”
    Whew I lived in Cali my whole life and just recently(Jan.) moved out to Georgia for a little while,I’m sorta glad this happened after I left otherwise I woulda been wayyy more pissed than I am(which is still pretty pissed) its got a lot to do with the court overruling them(but at least my californians said no in the first place)
    *sigh* the world truly is going to hell but the speed is always surprising.

  22. PaleoMedic Says:

    I’m more concerned about the slow but inexorable erosion of the rule of law and our republic than whether gay people can marry. The erosion comes from all branches of the government, so you can’t simply blame judges, or whatnot.

  23. mightysamurai Says:

    I HATE when people try to hide thier bigotry behind the ol’ chestnut “Marriage is about the children!”

    I HATE when people try to oversimplify their opponent’s arguments by accusing them of “bigotry”.

  24. ~Paules Says:

    Para, you accuse me sir (or mam) of bigotry. I beg your pardon. I hate no one. Support of marriage between man and woman is a philosopical stance based on empirical evidence (statistics). Children do best with a father and mother. Period. No study suggests otherwise. And yes, marriage is totally about children. Has been so for millenia. You may not like it. Fine. Your privelege to disagree. But I will give you the benefit of honoring your opinion without calling you a bigot. I think you’re wrong. My opionion.

    Society is built on structure. The basic unit is the family. Has been. Will be. Always. And, yeah, quite frankly, a wobbly family is better than an “alternative” family. My opinion. Take India for example. NO DIVORCE. You stay together for the duration. It happens to work. Misery? Yeah. But for family solidarity, it guarantees social continuity. Easy divorce leads to an emphasis of the incidental over the fundamental.

    Para, I offer you my respect and a civil handshake. Agree or disagree, but withdraw your bigot comment.

  25. Heather Says:

    I’ve never had much of an opinion about gay marriage but I know most everyone else does so feel free to rant. All I know is, it’s only a matter of time before there’s a new reality show called Queer Bridezillas of Orange County

    This seems like plausible deniability, Rachel. If there is one thing I have learned, and enjoyed, from lurking and posting here is that you almost always have an opinion, and it’s almost always well-thought-out, interesting and informative.
    So, although I realize you are busy with Rupert (I have a lot to thank you both for on this subject, rest assuredl) throw us a bone and spill!

  26. Pete Says:

    I’m not a huge Howard Stern fan, but what he said on this issue a few years ago really struck me as being insightful:

    The more gay people feel comfortable living in the open in same-sex relationships, the less likely they are to stay in the closet and marry hetero members of the opposite sex leading to broken homes, the down low, and divorce.

  27. mockmook Says:

    This male thinks he will go to Cali and marry four dudes.

    I want to see the court explain to me that there is a right to marry one dude, but not four.

    I’m sure their reasoning will be airtight.

  28. Pete Says:

  29. Erika Says:

    The only thing that worries me is what will happen if a gay couple has their hearts set on a wedding in a church (lots of people who don’t even believe in God do, just because of the ambience or whatever… and not saying gay people don’t believe in God, just that it’s not ONLY Christians who get married in churches… I think I’ve covered myself from all angles there…) and certain pastors or priests will tell them “no.” And, as pastor/priest of that church, that’s their prerogative. So will gay people be allowed to sue, thereby violating the separation of church and state, or will pastors/priests be allowed to maintain that level of sovreignty over their church?
    I can’t really find the best way to word my thoughts here, I just worry that the pastor who says “no” could end up being made an example of in a “this is what happens to bigots who undermine the legality of gay marriage” kind of way. I guess it’s kind of a “where do my rights end and your rights begin” kind of thing…
    Does ANYONE else get what I mean?? Or did I just waste a lot of words without actually making a point?? (I do that sometimes);-)

  30. Dani Says:

    mockmook there really isn’t any reason why this kind of logic can’t be extended to polygamy, either. All consenting adults. Why not? But I think it gets back to what Paules said about the interest the State has in the raising of the child. That is the fundamental reason why it’s involved, after all. Sure, the institutions of marriage and child-rearing have taken a beating- some of that inflicted by the state (with the best of intentions, of course). And some of that (e.g. generous welfare payments to single moms which tend to reduce the need for an involved father) have been seriously cut back, with generally positive effects. Why the government would want to get involved in this issue is beyond me. It doesn’t benefit from it. For better or for worse, the government rewards behavior it finds desirable, usually with financial incentives. From a utilitarian point of view, what’s the benefit to society? Why the social engineering? In fact, an argument could be made that it just breaks down the institution even more.

    Be that as it may, there will be an amendment and it will be passed. As broken and trivialized as marriage is, people do recognize it still has (or ought to have) some value greater than the paper its written on.

  31. Mare Says:

    Kit is right. The big story is not necessarily gay marriage. California law already grants legal status to domestic partners. What is HORRIFIC is the fact that 4 activist judges went way beyond the law and the constitution to demagogue over something that was on the ballot 8 years ago and the People said clearly (61%) that the name/institution of marriage will remain between a man and a woman.

    This is very scary that 4 crap judges could do this. There is already talk of recalling them and it would be a very just call. This will be on the ballot again in November. And so will their recall.

    Assholes.

  32. Kyle Says:

    Para, you forgot your medication.

    Making a convincing argument don’t work when you are swearing and spewing hate.

  33. mightysamurai Says:

    mockmook there really isn’t any reason why this kind of logic can’t be extended to polygamy, either.

    Oooh, polygamy should be the least of our concerns.

    What happens when some 40 year old pervert sues the government because they won’t recognize his “marriage” to a 15 year old girl?

  34. Dani Says:

    Why should polygamy be the least of our concerns? Agreed, the fifteen-year-old bride is a worse offense, but how is polygamy the least?

  35. Cosmo Says:

    I’m no scholar of the Constitution, but at what point does defining an institution that has been one way for six thousand years of recorded history, and more than 225 of American history, become all of a sudden “unconstitutional?” Where in the Constitution is marriage guaranteed as a right? No one has the “right” to be married. It is a choice, just like whether I “choose” to be a Vikings fan or a Packers fan (that should be unconstitutional). Ron George’s “opinion” is the mind of one unelected old fool. The voters in California (I was one of them, but have since left that God-forsaken place), voted nearly 2-1 on Prop 22 to define marriage as between a man and a woman:

    Proposition 22 was ratified in 2000 by an overwhelming majority of California voters, prevailing by a 23-point margin. Statewide, 4,618,673 votes were cast in favor of the proposition, comprising 61.4% of the total vote. Opponents garnered 2,909,370 votes, for 38.6% of the vote.

    ref: marriagewatch.org

    This unelected old fool and his “opinion” are unconstitutional, as he has singlehandedly defied the will of the people. This is a democracy. He is attempting to create some sort of jurisocracy where his opinion somehow counts more than the overwhelming majority of Californians.

    Checks and balances are great–but not when they defy the will of the electorate. I say Ron George can sit and spin. What I don’t get is how Pete Wilson would appoint this guy. He’s obviously lost his marbles since 1991.

  36. Tully Says:

    Children are best raised by one man and one woman bonded as a family. Every statistic we have about the future success of the child bears this out.

    Sorry, but that’s just not so. What the stats show is that children are best raised in long-term two-parent households, regardless of the sexual orientation of the couple. That kids from single-parent households have a much tougher time of it as compared to two-parent households, regardless of the sexual orientation of the couple of the two parent. Children of committed gay couples show no significant differences in gender behaviors or psych dysfunction or sexual orientation from those of committed straight couples. There is no evidence that such children are any likelier to be gay or crazy or criminal than kids from traditional male/female households. There is some evidence that they’re a bit less likely to be bigots or homophobes, though.

    There really aren’t any good stats on the children of “poly” families, and I won’t make any guesses. Given that so many of known poly families with kids are cultists, I think it would be tough to construct a nuetral study, one that could separate the ugly dysfunctionalities of cults from the effects of multiple parents past two.

    The CA court’s decision is IMHO the product of lousy legal reasoning and judicial construction that sees things that aren’t there. There is a sound legal basis for states to regulate marriage, and state constitutions can certainly ban gay marriage in order to overcome the constitutional objections that such courts raise.

    But as I said, if they want to suffer along with the rest of us, I have no personal objections. The biggest objection has always seemed to be the religious objection to using the label of marriage for such unions, and I can understand that, even if I think it’s a little misguided. But it’s not as if the inability to marry one’s preferred gender will result in celibacy–it sure doesn’t NOW–and we don’t want to encourage premarital and promiscuous singles sex, do we?

  37. cknight Says:

    I did a paper on this subject in law school. In essence, marriage was recognized as a fundamental human right by the US Supreme Court in (iirc) Loving v. Virginia. An interracial couple was jailed in VA under that state’s miscegenation laws. The Supremes said marriage is a fundamental right, therefore any law infringing it must pass strict scrutiny (the most arduous examination of the government’s ability to legislate in an area). Basically, marriage has the same status as speech. As I concluded in my paper, if this is so, if challenged, the government likely will not be able to justify prohibitions on gay marriage or polygamous marriages. Those of you concerned about marriage to children: the concept of informed consent probably permits the government to set minimum age requirements. And bestiality with respect to marriage would fall into a category like obscenity or incitement to riot does with speech.

    Bottom line: it’s a human right, not a heterosexual right. Even if the state Constitution gets amended in November, it can be overturned in federal court for conflicting with the U.S. Constitution (as interpreted in Loving and its succeeding cases).

  38. mightysamurai Says:

    Why should polygamy be the least of our concerns? Agreed, the fifteen-year-old bride is a worse offense, but how is polygamy the least?

    Well I certainly can’t think of any unintended consequence that would be less bad than polygamy.

  39. heliotrope Says:

    Three guys on their honeymoon kept us all entertained on a long flight to D.C. from Tokyo. They treated the whole cattle section to champaign and sang and cavorted about.

    Hopefully, they can now get the courts to up the ante and let more than two impossible-to-breed-with-each-other people be in a marriage. In fact, they should be allowed to bring an uncle or brother or father or all of them into the unit as well.

    I am stunned at how provincial the California Supreme Court has turned out to be.

  40. mightysamurai Says:

    Bottom line: it’s a human right, not a heterosexual right.

    Except the United States government does not work on “human rights” Constitutional rights.

    Anything can be arbitrarily designated a “human right”.

  41. Anne Says:

    I understand what you posted Erika.

    I just read The Anchoress and her thoughts on this. She wonders, for some of the same reasons that you do, if we should adopt the French method of marriage. The legal ceremony at City Hall, and for those so inclined the sacrament at a church.

    I wish we would use separate words for those two different events, as I think that would address some (though certainly not all) tensions over this issue.

  42. Dani Says:

    In Loving v. VA, the decision was repetitively couched in terms of racial discrimination. Did the California high court even cite it? Or can they since it was not decided in California? I won’t be reading the full CA document, but it would be interesting to see if they did. Because it would not be difficult to look at Loving and interpret it only in terms of miscegenation, given the fact that that was the issue at hand.

  43. Mare Says:

    The 10th amendment allows for states to determine/legislate what is not expressly stated in the Constitution.

    States can legislate. The Judicial branch went beyond their reach.

  44. Erika Says:

    Thanks, Anne… if anyone is interested, this explains what I’m thinking a little more eloquently than I did in my comment above:
    http://theanchoressonline.com/2008/05/15/gay-marriage-and-the-churches/

  45. cknight Says:

    Except the United States government does not work on “human rights” Constitutional rights.

    Exactly my point. The government does not have the right to legislate, except in those areas specifically set forth in the Constitution. And even then, those laws must pass some level of scrutiny, the lowest of which is (to paraphrase) “at least it makes sense” and the highest of which is “you’d better have an airtight absolute necessity, and nothing less restrictive is possible.” The highest level of scrutiny applies to “fundamental” or, in my words above, basic human rights.

  46. cknight Says:

    Mare: you’re forgetting that the 14th Amendment makes the U.S. Constitution, and the Supreme Court’s interpretation of it, apply to the individual states, as well. Yes, the states can make their own constitutions and laws, but only to the extent they do not conflict with the U.S. Constitution.

  47. mightysamurai Says:

    Exactly my point. The government does not have the right to legislate, except in those areas specifically set forth in the Constitution.

    The FEDERAL government does not have that right. The 10th Amendment clearly places marriage within the authority of the state governments.

    “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

    Yes, the states can make their own constitutions and laws, but only to the extent they do not conflict with the U.S. Constitution.

    And since the US Constitution says nothing about gay marriage, by definition a prohibition of gay marriage cannot be unconstitutional.

  48. Mare Says:

    cknight,

    Read what one of the dissenters said. She was for gay marriage but it was unconstitutional to overturn the ban.

    If the supreme court has already ruled that gay marriage is constitutional, why is there any argument in any state? Only MA has allowed it and that was Legislated, not determined by the States supreme court.

  49. cknight Says:

    Dani: the Court in Loving specifically stated “marriage is a fundamental right.” I noted in my paper that perhaps they didn’t realize what they were doing when they said it, but it’s there. I haven’t read the CA decision yet, so I don’t know specifically what they cited. The news reports I’ve heard seem to indicate their logic was somewhat fuzzy, but then that could just be the reporters not fully understanding it.

  50. Mare Says:

    mightysamurai,

    Thank you, that was my point. Since the US Constitution says nothing about gay marriage, by definition a prohibition of gay marriage cannot be unconstitutional. And should be left to the states to determine.

    Exactly why state rights are so important. “To the People” is crucial here. They voted on it and it should have stood.

  51. cknight Says:

    mighty: We seem to be making the same argument but arriving at different conclusions. What I’m saying is that marriage is one of those fundamental rights reserved for the people, and the government can’t stop you from doing it (except as noted above).

    Mare: no, the USSC has not explicitly ruled on gay marriage, but if it logically follows its own precedent, it will hold gay marriage bans unconstitutional.

  52. Dr. Feelgood Says:

    Meh, call it what you want, it’s still not marriage. I can claim to be a woman, but it doesn’t make it true. A man without a wife is not married, irrespective of with whom he copulates.

    Words have meaning. That’s the only reason we bother communicating at all. I don’t oppose gay marriage because there’s simply no such thing, even if some liberal activist judge unlawfully attempts to redefine it that way. If the state wants to recognize a civil contract between homosexuals, then it needs to do so without being illogical. Call it queerage and be done with it.

    This country no longer upholds righteousness as something to be desired. It is only to be skirted (it’s not even paid lip-service anymore) in the pursuit of every form of vain self-indulgence. Immoral behavior has negative consequences, socially and individually. Do what you will with that.

    As for me and my house…

  53. Tully Says:

    The Loving case was predicated on the traditional understanding of marriage in common law, a union between a man and a woman. That remains the flaw in most legal arguments supporting gay marriage as a “right” that claim Loving as a precedent. Race is not distinctive in that definition, gender is. Gays already enjoy that traditional right of marriage as thoroughly and completely as anyone else, it’s just not of much use to them. For Loving to apply, gays would have to be denied the right to marry someone of the opposite sex because they were gay. THAT would indeed be discrimination on sexual preference.

    Straight people have never had a “right” to marry someone of the same sex. To reach the conclusion that same-sex marriage is an inherent constitutional “right” requires extending the centuries-old definition of marriage to interpretations never known in the history of Western law, essentially inventing a new “right” that did not previously exist.

    Were it not that in law marriage conveys a plethora of automatic joint rights and legal obligations to the married, this would all be an issue without a point. Once could simply get a lawyer and contract a union. But some of the rights and obligations of marriage cannot be simply contracted, especially those that involve parties outside the marriage. Still, the courts could adjust fairly easily to two-person same-sex marriage. They could not adjust well at all to poly marriages–there are no centuries of precedent to go by.

  54. mightysamurai Says:

    mighty: We seem to be making the same argument but arriving at different conclusions. What I’m saying is that marriage is one of those fundamental rights reserved for the people, and the government can’t stop you from doing it (except as noted above).

    Read the 10th Amendment again.

    “…are reserved to the states respectively, or to the people.”

    State governments are given precedence over the people. If the state government chooses to legislate on an issue, and they are not explicitly prevented by the US Constitution from doing so, that is their right.

  55. mightysamurai Says:

    Call it queerage and be done with it.

    I actually LOLed at “queerage” just a little bit.

  56. cknight Says:

    My last comment tonight; gotta get something to eat. I’ll come back tomorrow, though, if it looks like anyone wants to continue the discussion.

    I disagree that the 10th Amendment gives precedence to the states over the people, simply because the states appears before the people in the list. There’s a latin phrase that sums this up, but I forget how it goes. But by your logic, from the 1st Amendment, free exercise of religion takes precedence over freedom of speech, which precedes the press, then peaceable assembly. It seems to me that “respectively” in Amend. 10 is merely a referral back to the previous clause “nor prohibited by it to the States.” It’s a grammatical tool. (Either that, or I’M a grammatical tool; I do love me some grammar!)

  57. Chester Says:

    Paules,

    Take India for example. NO DIVORCE. You stay together for the duration. It happens to work. Misery? Yeah. But for family solidarity, it guarantees social continuity. Easy divorce leads to an emphasis of the incidental over the fundamental.

    There is divorce in India, as much as any where else. People stay together, not because there’s “NO DIVORCE,” but because it’s culturally frowned upon.

    But the incidences of divorce are increasing as people seek independence from cultural stigmas. But you’re right, divorces are far fewer and people do live in misery for the duration.

    Chester

  58. Heather Says:

    May I just point out that our original amendments were all about the government subsidizing negative rights, i.e. the right to NOT get screwed over by our government and be hindered from speaking, praying, existing, etc.
    And now, we just whine for positive rights, i.e. everyone wants the right to have the government subsidize our (insert the right you want here)

  59. OhioGuy Says:

    Gays have a right to be as miserable as the rest of us. Cut them some slack.

    I don’t care.

  60. daddyquatro Says:

    Tully,
    “I have no personal objections. The biggest objection has always seemed to be the religious objection…”
    Nope. At least from my point of view.
    I have no problem with two people loving each other regardless of race, creed, color, gender,or shoe size.
    But you discount Mark’s point. We are a species. In order for that species to continue to exist we must procreate and pass along to our progeny the skills to replicate the process.
    What form of family best facilitates that process?
    California already has a domestic partnership law which grants all the legal rights of marriage. I would argue that this is a moral question. What does marriage mean?
    As Mark said, marriage is the cocoon of childhold. It’s where little boys learn how to treat a woman (by watching their father) and little girls learn how a woman should be treated (by watching their father)
    It’s where little girls learn how to treat a man (by watching their mother) and little boys learn how a man should be treated (by watching their mother)
    There is no better way.
    There may be other ways, but there are none better.
    Marriage has a meaning. The Supreme Court of California debased that meaning today.

  61. Para Says:

    What is bigotry? Bigotry is seeing one’s self or “group” as superior or deserving more rights than another “group”.

    Bigotry is claiming that “marriage” should be restricted from gays, because the “reason” for marriage is to rear children, but IGNORING the fact that many, many, many, married couples do not have children.

    The basis then for the “right to marry” can not be: “The Children” as that would disqualify in excess of 30% of married couples in America. Having children has never been a legal requirement for marriage in America. Despite my 15 years of marriage, I don’t have kids, in fact, I really don’t like kids that much. But I digress.

    Why would someone be against gays having the same rights as straights? Why would anyone wish for inequality in our country, which is supposed to be the bastian of freedom and equality in the world?

    The only real reason I have ever seen that people are against gay marriage is because they are bigoted against gays. Simple as that. But if you really feel that straights are superior to gays, why not just come out and say it, why hide behind “legal” loopholes and imaginary “for the children” arguments? If you are a bigot, why not just embrace it and admit it.

    You can try to camophlage it in legalese, or try to disarm the topic with jokes( Queerage)but the truth of the matter is that you somehow think that straight people deserve someting that gay,law-abiding-tax-paying-hurting-nobody-Americans do not; the right to choose a person to have as a partner, with all the legal protections that come with such an arrangement.

    You can speak of “morals” and “righteousness”, but the way I see it, morality doesn’t let people treat other as lesser people, and as for righteousness……….well, maybe I should stop there.

    But I’ll leave you with a thought;

    Since when did we start allowing the f-ing Government to have so much power over our lives? Really, is there any room whatsoever in matters of love and relationships for the stinking Government?

    I think not. Get the government out of our lives.

  62. sluggo Says:

    Para Says:

    I absolutely agree with you about getting the government out of our private lives. To me though, that includes what kind of crap my kids have to put up with at school. The turd burglar agenda has driven the “alternative” family PC BS all over the lesson plans of every school in the country. You wouldn’t have people upset about stuff like gay marriage if that “lifestyle” was shoved down our and our kids throats everywhere we look.

    As for your earlier comment about enforcing sodomy laws and certain things from our wifes….I think mine would fight for that enforcement, that is why she is handcuffed to my bed ;)

  63. Tully Says:

    But you discount Mark’s point. We are a species. In order for that species to continue to exist we must procreate and pass along to our progeny the skills to replicate the process.

    Bushwa. Procreation is written into the genes. Our little animal selves need no cultural norms or special skills to reproduce, the trick is stopping us. Marriage has cultural purposes, yes, but the claim that male/female couples produce superiorly civilized kids compared to gay couples is demonstrably false. Stable family situations produce superiorly civilized kids, and the available research clearly shows that it’s irrelevant in the outcome whether that stable home is headed by a gay couple or a straight couple.

    Anyway, by that argument no couples NOT having kids should be permitted to marry. Gay OR straight. Especially couples who have no intention to reproduce from the get-go. Heh. Yet the result of allowing non-reproducing couples to marry is also, by that argument, null. No kids, no social effect. Muddy thinking, that, and it conflates a whole lot of other unstated arguments by assumption as well.

  64. gd Says:

    While I understand that gays want the same rights as hetero couples and I have no problem with civil unions, I balk at calling it ‘marriage’. I can’t shake the feeling that this desire to redefine the word/idea ‘marriage’ is another misguided attempt at social engineering, and I worry what it forebodes for the future of the nuclear family.

    Para:

    The only real reason I have ever seen that people are against gay marriage is because they are bigoted against gays.

    The only reason that you can see; not the only reason people are against gay marriage.

  65. immagikman Says:

    I don’t really give a fig about gays getting married, I figure they should be as miserable as the rest of us poor bastards.

    What does irritate me to no end, is this freakin acceptance that if it happens in Leftyland, that it has implications for the rest of the nation….Since when did California become our bellweather state? Why do we all have to follow suit?

  66. shawn Says:

    Para,
    I hate your guts and all your liberal faggotry that is destroying the fabric of the society of this great country, I hate your attempts to silence argument with your p.c. b.s. I despise your attempts to bring about our downfall. I am a warrior to defend the goodness of what the founding fathers envisioned. I would never physically harm you and your ilk, but I will fight on with my deeds.
    It takes a real idiot to not see that most of the problems in our society are from the destruction of the traditional family unit. Drugs, prostitution, most crimes are from desperate people without the guidance of a good family. Black and white world.

    [SOMEONE'S GONNA GET THE BAN HAMMER. It is very simple: you can disagree with other commenters but there is no reason or any good to come from saying you hate their guts. And the idea that Para has "liberal faggotry" actually kinda makes me laugh a little. Also, Shawn, what do drugs and prostitution have to do with THIS subject, gay marriage? In any case, you don't get to say you hate one of my favorite commenters on my own blog. So don't do that again. Love, Rachel]

  67. gmsc Says:

    If gay marriage were an end in and of itself, I would have no problem with it. It’s a form of association, and we have a Constitutional right to free, voluntary association. The government should have no part in it.

    Unfortunately, our government does have a hand in marriage. There are the tax laws, which are affected by marriage. There are also the various state and federal laws involving businesses and coverage of their employees spouses, and so on. Gay marriage is largely supported by politicians, and many individuals, as a way to expand the people who can get on the government gravy train.

    I’d be all for repealing all laws, and preventing future ones, dealing with financial benefits and taxes for any married people (gay or straight), and then letting each state deal with the gay marriage issue as they will.

    It would have the added benefit that neither gays nor straight would have to worry about whether each state recognizes their union.

  68. Michellecag Says:

    Amen Dr.Feelgood,I really couldn’t agree more.
    *If I were wearing a hat I would tip it..and if I were a guy that would make more sense*

  69. immagikman Says:

    GMSC, you hit one big nail on the head, through the auspices of the “TAX CODE” all manner of hateful things have come to pass. This one thing…the ability of the government to steal our Income (instead of relying on our spending on goods for their income) allows them such huge amounts of control over our lives that the average person doesn’t even realize they have very little freedom left.

  70. SDN Says:

    Well, I’ll also be interested whether libtards who want CA gay marraiges recognized in other states under the Constitution’s recognition of state laws are willing to make the same argument for my TX Concealed Carry permit in San Francisco….

    I’m not holding my breath.

  71. Redhead Infidel Says:

    Regardless of what you believe about gay marriage, the fact that a few activist judges overturned a democratic ruling by The People should have you all very, very concerned. The erosion of the democratic process undermines the foundation of our government. What’s the point in having the People vote when four citizens get to decide for everyone?

  72. Para Says:

    Shawn says:

    Para,
    I hate your guts and all your liberal faggotry that is destroying the fabric of the society of this great country, I hate your attempts to silence argument with your p.c. b.s. I despise your attempts to bring about our downfall. I am a warrior to defend the goodness of what the founding fathers envisioned. I would never physically harm you and your ilk, but I will fight on with my deeds.

    You obviously know so very little about me.

    First, I loathe Liberals. Secondly I am a Libertarian, and Third, a decorated infantryman of the 82nd Airborne division who has literally fought for the freedoms and ideals of this country. I believe that all law-abiding people are equal. If your Bible tells you differently, that’s between you and the Almighty, but our land of laws say that we are not allowed to treat people with diferent sets of rules.

    Like it or not we don’t live in a theocracy. We live by the laws of man, not the laws of the Christian Bible. That books lays out a set of rules for YOU to follow voluntarily, but cannot be forced upon me any more than the rules in the Koran or Torah can be forced upon you. The Constitution and Bill of Rights protect the right of one to practice thier religion, but ALSO PROTECTS GUYS LIKE ME FROM HAVING A RELIGION THRUST UPON THEM.

    The basis for not letting gays marry is largely religion based, therefore, it cannot be the law of the land. Religious based bigotry is illegal, sorry.

    Despite your hatred of me, I’m going to extend the ol’ olive branch and give you some free advice on how to survive this isssue:

    If you are against gay marriage, do not marry a gay person.

    Other than actually marrying a gay person, the issue will never affect you.

    There, so now you have a sure-fire insulator against this awful “P.C.” infestation that makes you feel so “icky”.

    You don’t have to like it, but appreciate the fact that we live in a country that allows you to practice your beliefs. That’s the trade-off. You get to be you, and someone else gets to be who they want to be, without the Government interfering. In a lot of places, your religious opinions would get your head chopped off, at least here you can be a bigot and hateful and nobody will bother you. It’s called freedom, Pal, and it’s awesome.

    You’re welcome.

  73. Para Says:

    Redhead Infidel Says:

    Regardless of what you believe about gay marriage, the fact that a few activist judges overturned a democratic ruling by The People should have you all very, very concerned. The erosion of the democratic process undermines the foundation of our government. What’s the point in having the People vote when four citizens get to decide for everyone?

    I agree with you on this 100% RHI. The way this came about is terrible.

  74. Tuerqas Says:

    How much you wanna bet that para is a big time bigot. All liberals are… at least against white males. Bigotry does not have anything in its denotative definition about majority or minority. Civil unions with equal rights are fine and dandy. Marriage is a religious term pure and simple. The fact that the Government took the word and used it for its own purposes is the problem. Dr. Feelgood and gmsc are spot on. If Congress started taking a biscuit and sip of wine at the start of each session would anyone have a problem? Maybe, as another perk of our ‘royalty’, but would anything be done about it? If they now called it a ’sacrament’, but only as a secularly convenient term, would anyone have a problem with that? Heh.

    It’s funny to me how separation of church and state these days only costs the church members. It is also sad and funny to me how most rabid liberals are such anti-religious bigots, but only against Christians and Jews. You can hear Obama call the people who won’t vote for him bigoted, gun toting angry white males clinging to religion, but the gun toting religious non-whites perfectly willing to cap his ass, should be met with and treated with the utmost respect. Muslims would spit on you or just shoot you for your beliefs on this issue and most others para, but no hate for them from the liberal… you are a worse bigot then the people you accuse para, revel in it.

    [Oh for fuck's sake! PARA IS NOT A GODDAMN LIBERAL. I'm working my way through these 80-something comments for the first time and I swear to God if I see one more comment assuming anyone who isn't adamantly opposed to gay marriage is an anti-religious bigot or anything else like that, I am going to put the hurt on someone. Love, Rachel]

  75. mightysamurai Says:

    I disagree that the 10th Amendment gives precedence to the states over the people, simply because the states appears before the people in the list. There’s a latin phrase that sums this up, but I forget how it goes. But by your logic, from the 1st Amendment, free exercise of religion takes precedence over freedom of speech, which precedes the press, then peaceable assembly.

    Except the 1st Amendment does not contain the word “respectively”. Ergo, all the rights contained in it are separate and equal.

    The only real reason I have ever seen that people are against gay marriage is because they are bigoted against gays.

    Then there is no point in discussing this any further with you, since you are clearly not interested in a discussion.

  76. mightysamurai Says:

    Civil unions with equal rights are fine and dandy. Marriage is a religious term pure and simple.

    This is a good point.

    If gays were really interested in legal equality they would be advocating for civil unions and nothing else.

    The fact that they are advocating for MARRIAGE suggests they are trying to force the American people to accept their lifestyle.

  77. Tuerqas Says:

    Now I just read the latest para news. You are exactly right, a gay person has the same rights as anyone else. They should be against ‘marriage’ as it is a religious term that stigmatizes them. They should no more want to be called ‘married’ than ‘hetero’. It does not apply. Marriage is defined as a union between one man and one woman. As long as they write their own books, they can even start their own religion. They are free to in this country. Interesting that you inserted a condition on all people are equal. Ever exceeded the speed limit? Do you know anyone who never has? Libertarians can give mixed signals in blogs (I am one too), but they usually don’t pull the race or bigot card so harshly as they are more tolerant and accepting of others beliefs in my experience. I would not have guessed. Now I have to give you respect for your last two comments, damn.

    By your own capital letter argument, you should not be mad at anyone against the term ‘gay marriage’, you should be mad that the secular Gov’t. took the religious term and gave it additional secular meaning. The Government has thereby thrust religion on everyone. People who believe marriage is a sacred trust that is part of their religion, are not bigots (necessarily), they are reacting to an infringement by Gov’t on their religion. By using the term, Gov’t has(inadvertantly?) overstepped the separation of church and state boundary, because they are now (inadvertantly?) writing church doctrine. Outrage to this is not bigotry.

  78. Dr. Feelgood Says:

    Para Says:

    The basis for not letting gays marry is largely religion based, therefore, it cannot be the law of the land. Religious based bigotry is illegal, sorry.

    Congratulations, that’s the most ignorant comment on the subject yet. First, you failed to distinguish the “laws of man” from “the laws of the Christian Bible”. Your assertion that Religious Principle is to be excluded when making making Civil Law (against 200+ years of evidence to the contrary, well done!) is historically unfounded. Primarily, however, you have completely failed to understand that this was the law of man, made by the citizens of California.

    So let’s talk about bigotry, (Bigot - n. One who is strongly partial to one’s own group, religion, race, or politics and is intolerant of those who differ) because you’re such an expert. You’ve clearly overlooked the boomerang effect of that word. Anyone who uses it puts themselves within the boundary of its definition. You can call me a Christian bigot, and you’re probably correct. I’d be just as correct in flinging it back at you (Secular Libertarian bigot). The word itself doesn’t invalidate anything, and since we’re equally bigotted let’s just cancel terms and move on.

    The bottom line here is that the state doesn’t prevent individuals from committing homosexual acts. That’s the individual liberty you desperately cherish. It is the state’s privilege, at the will of the people, to recognize whichever unions it so chooses. That’s the freedom of association you and I fought for. It is also well within the rights of voters to afford equal access to benefits of the state, and here’s where queerage proponents fail: practicing homosexuals are already free to marry, in exactly the same way as everyone else. Likewise, I as a practicing heterosexual man am prohibited from “queeraging” a male. The law applies equally and fairly to everyone. Saying the state doesn’t have the power to restrict marriage for one group is a red herring. Marriage means what it means, and everyone is free to do it. It is narrowly defined, and it’s only by that definition that marriage laws should be interpreted.

    As an aside I will never vote against my religious principles, so my say in the “law of man” will always reflect the “law of the Christian Bible” as is my right. I will never acknowledge homosexual behavior as normal, since I do not accept “orientation” as an excuse to commit what I believe are vile acts.

    It’s all worldview (philosophy). Secularists seem to think that the winner of the moral high ground will be the one whose philosophy can be most derived from naturalism. That will never happen, though Connie DuToit is probably the closest a human can get to justifying morality within a naturalist worldview (implicit morality of existence, combined with some social-benefit theory that I haven’t fully worked out, yet). I’ll leave it to you to discover what she thinks of Libertarianism.

  79. DGs World By Big D Says:

    Meh.

    Whatever, CA! Personally, I think it is fair for two gays that have gay love and gay commitment to have a legally gay binding gay contract. I don’t particularly relish calling it “mah-waaaaage” (Princess Bride!) but again . . . whatever.

    Powah to the people!

    Oh. Wait a minute. That’s right. The PEOPLE voted against this.

    Hum.

  80. Erin_Coda Says:

    Oh dammit, dammit, dammit!! I am going to HAVE to start checking this blog in the evenings! Otherwise I come in the next morning to the leftovers of last night’s party. Which are zesty goodness, of course, but still…

    What RHI said: the people spoke, the gov’t overturned them, and this is Double Plus Ungood. Even worse, people who are normally all over this kind of thing like green on grass- are popping champagne like it’s a Good Thing. Not to bring religion into it, but this really is like trading your birthright for a mess o’pottage. True ethics and responsibility can– and DO– differentiate between “what is good” and “what gives me what I want”.

    Also, I do have a hair to split here, and it’s a fairly significant one– the original purpose of marriage was to protect and increase PROPERTY, not children. Children were just the vehicle by which that property was preserved into the future years– hence the laws of primogeniture, the joke about “an heir and a spare”, and all the rest of it. Although I’m sure the cavemen loved their kids too, the sentimental “cult of childhood” bloomed with the Victorians, and the elevation of children as “the hope of our future and we must learn from them” is a strictly modern invention. I like children just fine, but in this case, they’re red herrings.

    We don’t like to think of marriage as a business arrangement, but from a legal standpoint, that’s exactly what it is. All of our protections on marriage (and all of our penalties for screwing it up) protect our ASSETS, not our hearts or souls. Society’s acceptance of a love contract between two people (of any genders) is a whole ‘nother ball game–and not the government’s responsibility. Otherwise you fall into the realm of “Come the Revolution, you will eat strawberries and cream, and you will like it.”

  81. Jimmy Says:

    Kel said (4th from top):

    I’ve always wondered why the government feels like it needs some kind of say in marriage. Correct me if I’m wrong, but isn’t marriage a commitment before GOD (or whatever you believe in) and not the State? As far as I’m concerned, from the State’s point of view, marriage shouldn’t be considered as anything else than a contract between two individuals agreeing to share resources in some agreed upon fashion.

    Well put. I’ve never understood why any level of government should need to sanction marriage. In fact, state involvement in marriage is a rather recent phenomenon; most states in the 1800’s had no marriage laws at all. Now, like everything else, we’ve politicised it.

  82. Jeffrey Quick Says:

    The State can’t marry gays for the same reason it can’t marry straights: it’s not part of a valid apostolic succession and is not qualified to administer the sacraments. As for the domestic partnerships that it does offer, I have no particular problem with offering them to gays, though this wasn’t the way to do it. I have no particular reason to treat either gay or straight couples as married if I know that they are in fact not, aside from any social desire not to offend.

  83. Para Says:

    Tuerqas,

    You’re right, I am mad that the Government is involved at ALL in our relationships. What makes me JUST AS MAD is that some people are trying to use the government to enforce thier beliefs on OTHER PEOPLE. I can understand a person lobbying the government to get a right they don’t have, but I don’t understand a person lobbying to keep another person from having a right. That’s very confusing to me.

    You see, if a person is gay and wants the equality that our country promises, then they would naturally want the same legal status in their relationships that hetero pepole have. That makes sense, but what doesn’t make sense is that some people want the government involved ( in the form of an ammendment to the constitution) to stop someone else from having the same rights they share.

    Why does it affect any hetero person if a gay person is in a relationship that they consider marriage?

    After all, we keep talking about the sanctity of “marriage” but the truth is us “straight” people have not exactly been the best stewards of the sanctity of marriage, we get divorced a LOT, we cheat a LOT, and we torture our children when we split up. Marriage isn’t all that “holy” anymore. Besides, I was not married in a church, is my marriage not valid either? ( by some people’s argument, I should not be married, as a childless agnostic.)

    Who are we ( in the form of the Government) to decide ANYTHING about the relationships between two law-abiding-legal-age persons?
    I don’t want to live in a country who gets to dictate that kind of shit, they tried it in Germany and the USA kicked thier ass over it.

    I just had a thought on the California Supreme Court decision:

    Is it not true that the job of a Supreme Court is to determine constitutionality of an issue, not divine public popuarity? Did the CA SC really do thier job even if the decision was unpopular among the fundamental Christians?

    A world to Dr. Feelgood.

    If I was a bigot, I wouldn’t defend your right to have idiotic comments about “vile acts” and such, but I do.

    I do however thinks it’s very creepy how much homosexual sex acts come into the conversation whenever I speak to a fundamentalist about gay marriage. I think you fundies spend too much time imagining what it must look like or worse, what it must feel like to have gay sex. Why else would ya’ll obsess over it so much? Maybe I’m wrong, but compelled to ask.

  84. Para Says:

    The State can’t marry gays for the same reason it can’t marry straights: it’s not part of a valid apostolic succession and is not qualified to administer the sacraments.

    I was married by a judge, who signed my “marriage certificate” in South Carolina.

  85. Kit Says:

    Marriage is a fundamental right. The right to marry whomever you want is not. People have been harping on Loving for a while now, but the fact remains that the definition of marriage has been through the entirety of human history to be, as someone else said “man+woman.” Even in societies in which homosexuality has not been considered bad it was not “marriage.”

    So…whether your for it or against it, in order to get it, homosexuals will need to work on convincing middle America that they are just like them through conversations, not threats and activists judges.

  86. Chris Says:

    ‘All I know is, it’s only a matter of time before there’s a new reality show called Queer Bridezillas of Orange County.’

    We already have this show, it’s called the Tony Awards.

  87. anonymous Says:

    it doesn’t much matter what we have to say about it now, since this forces people to recognize “marriages” contrary to religious beliefs

    that’s what this is all about: using the government as a club to force people to accept, recognize, and condonenot just tolerate–the homosexual way

  88. rocinante Says:

    Tully said: What the stats show is that children are best raised in long-term two-parent households, regardless of the sexual orientation of the couple.

    I am willing to believe you, and it makes a kind of intuitive sense, but could you point me to some references for the statistics you refer to? (My personal experiences, while anecdotal, lead me to a different conclusion.)

    I didn’t think that same-sex parents were numerous enough to do this kind of study. (You’d have to have a statistically-significant group and evaluate it over 18 years plus.)

    Plus, it strains credulity to think that a male child raised by a lesbian couple (or a female child by gay males)

    “are [no more likely]to be gay or crazy or criminal than kids from traditional male/female households.

    Finally, maybe I’m a little old-fashioned here, but it seems to me that when adults experiment, dependent children pay the price. It would behoove us to err on the side of caution here. (OTOH, perhaps the judges’ minor children could be placed in foster care with same-sex couples adn we’ll see how they turn out.)

  89. rocinante Says:

    The legal ceremony at City Hall, and for those so inclined the sacrament at a church.

    Slightly off-topic: In the state of Georgia, concealed-carry permits are issued by the Probate Court in your county of residence. This is also the same place that issues marriage licenses. (I’ve done this in three counties; all three had simlar signage on or over the door: PROBATE COURT - MARRIAGE LICENSES - PISTOL PERMITS.)

    One-stop shopping, baby!

  90. Para Says:

    it doesn’t much matter what we have to say about it now, since this forces people to recognize “marriages” contrary to religious beliefs

    Yeah, but what does that mean? What does “recognize” mean?

    Will you have to have sex with these gay couples, No. Will you even have to have dinner with these gays couples? No again. Will you have to send the a wedding present, nope, how about attend a 25th gay wedding anniversary? Not even close.

    The truth is, you will not have to do anything differently than you do now. The only difference is your personal level of being offended, which is a product of YOUR OWN HEAD and the teachings of whatever religion you are. I’m assuming you are Muslim, given your intollerance to other people, is that correct?

  91. ElvenPhoenix Says:

    Not a lot to add here.

    Historically, marriage has been between a man & a woman. It evolved as a way to ensure the survival of children (the future generation) and as a way to socialize aggressive young men. I know of no society in history where marriage between two people of the same sex was recognized. Please feel free to enlighten me if there is one.

    For those that argue that the child part of the equation is irrelevant, please remember that reliable birth control did not become widely available until the 1960’s, and abortion wasn’t legal until the ’70’s, so we’ve only had around 40 years here where having children has been a “choice”.

    On the socialization aspect - it can be (and has) been argued that part of the current problem with radical Islam is that their young men are prohibited from contact with women, therefore their repressed sexuality feeds into their murderous violence. If this proves true, I shudder to think of the future consequences of China’s “one child” policy, which causes the abortion and infanticide of their female children, resulting in a disproportionate male/female ratio.

    Civil unions a reasonable compromise between those who want “marriage” for homosexual couples, and those who feel that marriage is a sacrament reserved for a man and a woman. If the judiciary would just stay out of the issue eventually enough people would feel that homosexual couples should enjoy the “right” to marriage, and it would come to pass the way it should - through the will of the people. The gay activists are shooting themselves in the foot by trying to force the issue via the courts - it causes reasonable people to become resentful, as the will of the people and the normal evolution of attitudes becomes circumvented.

    Using the judiciary to achieve a desired result, instead of working through the legislatures and the people, also causes a huge backlash. Look at the number of states that added a “marriage amendment” to their state constitutions as a result of the activism of Massachusetts court that forced the issue of gay marriage in spite of will of the people. Now it will be much more difficult for same sex couples to achieve their “dream” of legally recognized marriage in those states.

    For the record, I really don’t care what two or more people of whatever gender do behind close doors, as long as they are all adults and consent. What I DO mind is having it shoved in my face and in my children’s faces. (Think gay pride parades on public streets with scantily dressed males running around wearing collars and corsets.) I believe most Americans feel the same way. By shoving our face in their “gayness” via the courts, gay activists have set back their equal (special) rights crusade by years if not decades.

    Hmmm…guess I had more to say than I thought!

    ;-)

  92. mightysamurai Says:

    After all, we keep talking about the sanctity of “marriage” but the truth is us “straight” people have not exactly been the best stewards of the sanctity of marriage, we get divorced a LOT, we cheat a LOT, and we torture our children when we split up.

    Well then we’d better do even MORE damage to the institution of marriage!

    That’s basically what your argument is, Para. Marriage has already been given a broken leg, so we’d better cripple it the rest of the way while we’re at it.

    Who are we ( in the form of the Government) to decide ANYTHING about the relationships between two law-abiding-legal-age persons?

    An excellent point.

    Who are these judges (the government) to decide that gay marriage is legal?

    I don’t want to live in a country who gets to dictate that kind of shit

    Well then you’d better pack up and move to Antarctica because EVERY country does “that kind of shit”.

    I can’t marry my sister.

    I can’t marry my dog.

    I can’t marry seven women at once.

    How are any of those prohibitions any different from the prohibition on gay marriage?

    Is it not true that the job of a Supreme Court is to determine constitutionality of an issue, not divine public popuarity? Did the CA SC really do thier job even if the decision was unpopular among the fundamental Christians?

    No, they did not do their job. Their decision (according to Ace of Spades) was based on the concept of “fundamental rights”.

    “It is, in legal terms, an ipse dixit, an “it’s this way because I say it is,” and you can always tell when a court is resorting to ipse dixit because it stops citing the actual constitution and previous decisions and begins speaking of hitherto-unknown “fundamental rights.” How did they become “fundamental rights”? Oh, they always were. Just no one ever noticed.”

  93. the Rising Jurist Says:

    I’ll cast my lot with the crowd who wants to know why the government has any part in marriage. I sure wondered that when I forked over $100 for the privilege to the State of Tennessee.

    As for this ruling, it’s fine with me. If a fella wants to marry another fella, that does zilch to weaken my marriage to my wife.

  94. hM Says:

    My own personal take on this subject is something of a struggle. I have friends who are homosexual. Obviously they wouldn’t be my friends if I was a bigot. People are people. I don’t really care what they do in their private lives (as long as it is consensual). But if I’m going to be perfectly honest I find the whole thing to be repugnant.

    Yes, I am a religious person and as such I was raised with a certain view of how things should be. I believe homosexuality is wrong. I believe that those types of relationships are not valid.

    However, that is very much my own personal feeling on the subject based on my religion and my upbringing in that religion. I don’t want anybody to be able to accuse me of forcing my religion on to anybody else. I was raised to respect other people regardless of their acts. Part of that respect is not throwing my problem with their acts in their face.

    It is entirely possible to disagree with a person’s actions or beliefs and still be friends. Obviously this is more of a hot-button issue many others, but as long as we leave it at “agree to disagree” it’s fine. My conflict - to allow gay marriage or not - comes into play with this issue because I personally see homosexuality as very wrong.

    As far as judicial activism is concerned, it’s just wrong. Regardless of your feelings on religion, the fact is that this country was founded by Christian men with Christian beliefs. It is very much ingrained in our culture. As such, as Americans we tend to view things with a slightly Christan bent.

    The people of California voted and their vote very much reflected that cultural leaning, regardless of actual religious belief. As others have said, the tragedy is that four people decided their own opinions and cultural beliefs were worth more than millions of other opinions and cultural beliefs combined.

    This is a republic, and as such the laws will reflect the views of the people and their elected representatives. These judges are neither elected, nor are they representatives. Their job is simply to look at laws and see if those laws are in agreement with the Constitution or not. Their opinions on the subject should have absolutely no bearing on their rulings.

    Judicial activism is, to me, nothing more than back-door legislation. It give judges all the power of the legislative representative without actually representing anybody but themselves. It’s an end-run around the election process, a loophole that allows judges to dictate policy without the cost of campaigning and the very public life audit.

    As said before, regardless of you personal feelings about gay marriage, this decision is very, very wrong and we should all be very, very worried.

  95. Dr. Feelgood Says:

    Para,

    If I was a bigot, I wouldn’t defend your right to have idiotic comments about “vile acts” and such, but I do.

    You’re confused on several levels. First of all, my right to free speech is not yours to defend. It’s mine and I defend it very well, thank you. Secondly, free speech is not in play because I am a guest of Ms. Lukis and I’m abiding by her rules for civil discourse. Third, your own bigotry is something you’ll have to come to terms with eventually, but I would suggest that it’s pretty apparent to even the most casual observer of this discussion.

    Why else would ya’ll obsess over it so much? Maybe I’m wrong, but compelled to ask.

    Valid question. To answer: gays as an identity group are defined solely by a behavior, as opposed to a condition of being. Referring to the acts themselves is a manifestation of “hate the sin, love the sinner.” Orientation (if there is such a thing) does not determine homosexuality, only a predisposition for or against. It is the act itself that is shameful, and we focus on it in order to emphasize the culpability of the homosexual (you are the only one responsible for what you do). I do not hate homosexuals any more than I hate myself, or my family for that matter. But when homosexuality is accepted as normal, the impetus for seeking God’s forgiveness is weakened. Ultimately, open homosexuality (like all unrepentant sin) prevents people from being reconciled to God.

  96. The Chap in the Deerstalker Cap Says:

    Men and women are different. Whether this is the result of design or natural selection, it is the way things are. This difference does not make them natural enemies; it makes them complementary. Each sex can, and should, learn from the other.

    One of the Left’s great projects for decades has been to foment mistrust and resentment between the sexes, and to destroy the idea that marriage should be something sacred and transcendent, rather than a mere contract between consenting adults. The Left (as an ideology, not necessarily as individuals) detests the very idea of the sacred, because the Left is, to borrow a phrase from James Lileks, “pissed at Daddy.”

  97. Para Says:

    To answer: gays as an identity group are defined solely by a behavior, as opposed to a condition of being.

    That is one of the most interesting things I have ever read. I understand a lot more about your opposition to gay marriage now. You focus on the “dirty” sex. interesting.

    How do you square that 99.9% of behavioral acts performed by gays are also performed by straight married couples?

  98. Tuerqas Says:

    Para,
    You don’t think the rights of religious people are being infringed upon by the Government here? Remember that there are already laws in place that grant all the same rights to civil unions than to marriage. This is really a push solely for legitimacy, not for rights in CA. I am white, I don’t get equal legal status when it comes to hiring quotas.

    We seem to agree 100% about the level of Gov’t interference (0%), I objected to your sweeping usage of the word bigot in its negative connotative sense to anyone who doesn’t believe in gay marriage. Whether we are good stewards, bad parents, or pass on our wealth to the wrong people, that doesn’t change the meaning of marriage. One could easily argue that it is the degrading of moral values that has cheapened the value of marriage, but who is really responsible for that. It is not the ‘religious right’ pushing for 7th grade sex ed. Kids are curious, give them info and know how, but then expect them to abstain until they are older or follow all the rules (like always using a condom)? Were these people never kids? It is not the religious right who pushed the popularity of divorce. Well meaning as it was (and I do think the positives outweigh this negative by-product), it was women’s rights activists that opened the divorce flood gates. That said I do not consider myself part of the religious right, I just have morals.

  99. Dr. Feelgood Says:

    You misunderstand (Please try to read and understand my comments in context. I took great pains to qualify the bit you excerpted). The behavior I refer to is any sexual act with a member of your own gender. The mechanics are irrelevant.

    Straight, married people are free to judge for themselves (and each other) the morality of their own mechanics. Biblically speaking, that same freedom is not open to anyone else simply because sexual behavior is off the table.

  100. Para Says:

    You don’t think the rights of religious people are being infringed upon by the Government here?

    That’s a good question and the answer is: NO!

    The non-gays are expected to do absolutely nothing in response to gay marriage. They don’t even have to accept it. The religious do not have the “right” to stop gay marriage in the first place, therefore theier rights are not being infringed.

    This is the biggest thing that confuses me. How does gay marriage change ANYTHING abotu hetero marriages? the truth is, it doesn’t. these are just arguments to try to soften the (unfortunate) prejudice against gays. You may not liek the term bigotry, but it’s completely accurate in this case, people are against gays because they are not gay themselves.

    Bigotry is like Ignorance, both words are seen as insults, where they are merely conditions, like mental retardation.

    And Yes Dr, Feelgood, if it makes you feel better, I am bigoted against bigots, liars, thieves, haters, liberals, losers, whiners, creeps, dorks, and mimes.

    You got me.

  101. The Chap in the Deerstalker Cap Says:

    > How does gay marriage change ANYTHING abotu hetero marriages?

    It denies that the essence of marriage is the celebration of the complementarity of male and female.

  102. the Rising Jurist Says:

    “It denies that the essence of marriage is the celebration of the complementarity of male and female.”

    Well that begs the question, now doesn’t it?

  103. ElvenPhoenix Says:

    “Para Says:

    The non-gays are expected to do absolutely nothing in response to gay marriage. They don’t even have to accept it. The religious do not have the “right” to stop gay marriage in the first place, therefore theier rights are not being infringed.

    This is the biggest thing that confuses me. How does gay marriage change ANYTHING abotu hetero marriages? the truth is, it doesn’t. these are just arguments to try to soften the (unfortunate) prejudice against gays. You may not liek the term bigotry, but it’s completely accurate in this case, people are against gays because they are not gay themselves.”

    If it were JUST the matter of equality, there would probably not be too much of an outcry. The problem comes into play when my elementary school aged child has to be exposed to a book like “Heather Has Two Mommies”, and I can’t opt out of exposing her to that. I do believe that there was a court case in California which upheld the state’s right to indoctrinate children about the gay life style. Thank God I don’t live in CA!!!

    THAT is the problem, the fact that activists are trying to make the lifestyle legitimate and are using the state’s power, via the judiciary, to force it on those of us who DON’T CARE what they do, but do not want it as part of our life. Although we TOLERATE their behavior and lifestyle we should not be forced to ACCEPT it.

    It’s not bigotry, it’s a difference in moral values.

  104. Tuerqas Says:

    Para,
    What of a church refusing to ‘marry’ a gay couple. Is the church ‘above the law’, can they say no? If it is law, can’t a gay couple sue to be married at the big fancy Catholic church that one