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Gay marriage ruling an act of judicial tyranny
I don't know what was more shocking about the recent state Supreme Court decision to redefine marriage — the reasoning behind the ruling or the justices’ blatant disregard for the will of the people. A lot of Californians are still reeling from the court's 4-3 decision to overturn Proposition 22, the measure that defined marriage as a union between one man and one woman and was supported in 2000 by 61 percent of state voters.
That definition, concluded the four, is unconstitutional. The court's ruling begs a host of questions, not the least of which is why Californians should even bother to vote. With activist judges waiting in the wings to override votes and fabricate new rights, what's the point? It's a valid question, but let’s not give up on the system just yet. Voters may have the chance to rectify this latest act of judicial tyranny when supporters of traditional marriage place a constitutional marriage amendment — now clearly a necessity — on the ballot in November. In the meantime, same-sex marriages may take place as early as mid-June, while we of the slippery slope school are left to ponder the logic, or lack thereof, behind the court's ruling. The main problem with the court's decision, besides its complete disregard for the democratic process, is that it doesn't expand marriage; it alters its core meaning. That's one of the findings of Heritage Foundation researchers, who posted a succinct and insightful analysis of the ruling on the foundation Web site. The ruling, they say, isn't about race or a particular people group, it's about the nature and purpose of marriage, which the court brushed aside. “To redefine marriage so it's not intrinsically related to the relationship between fathers, mothers and children formally severs the institution from its nature and purpose, remaking the institution into a mere contract between any two individuals.” The analysis also points out that “changing the definition of marriage has vast cultural consequences, including religious liberty implications.” Those who doubt those implications are simply ignoring reality, says Greg Scott, spokesman for the Alliance Defense Fund, a conservative legal group. “You will see all sorts of situations where the right to exercise our faith in ways we see fit are going to be seriously compromised,” he says. Think he's exaggerating? It's already happening. In New Mexico, Elaine Huguenin, a Christian and a professional wedding photographer, was hauled before the state's Human Rights Commission for declining to photograph a same-sex commitment ceremony. In April, the commission found that Huguenin had violated the state's anti-discrimination law and directed her to pay more than $6,600 in attorney's fees to the two women who filed the complaint. Last year in New Jersey, a lesbian couple sued the Methodist Ocean Grove Camp Meeting Association after it refused, for religious reasons, to allow the couple to hold a civil union ceremony on the camp's property. So far the camp has only lost tax-exempt status on part of its property, but the homosexual advocacy group that's threatening to appeal that consequence says it's “looking for a bigger victory.” How big a victory the group will settle for is anyone's guess — utter destruction, perhaps? Since gay marriage in California is now a “constitutional right,” what protection is there for those whose faith beliefs forbid such unions? What will priests, pastors, churches and private property owners be forced to condone in the years to come? Through the years, the state of California has given to domestic partners every right currently enjoyed by married couples, but even that has failed to satisfy. It is God's blessing they want, it is His approval they will have. Or else. 92 comments from 35 users
posted by
gube
on May 31, 2008 at 08:33 AM
Get over it...... you homo-phobes lost..........Lets worry about the budget shortfall or the economy or anything that is actually important. posted by
blognroll
on May 31, 2008 at 08:37 AM
How about sticking to the topic at hand instead of stooping to personal attacks? Marylee, you are absolutely correct, and bold for making such a statement, but you will be hated for that position. Those who are prejudiced against you don't understand the concept of protecting the traditional definition of marraige, while upholding the rights of gay people and extending love and kindness to them (following the commandment to love our neighbor as ourselves). So instead of making even the slightest effort to understand your position, they will simply resort to cheap shots, and ad hominem attacks. Prove me wrong folks. Come out with actual intelligent points of debate. posted by
catpaw
on May 31, 2008 at 08:50 AM
In the beginning, I thought the whole controversy was a perfect example of stupidity. Considering that Texas has its hands full with a religious commune that allows child rape as long as it's called marriage, perhaps the definition of "marriage" should be nailed down and explicit. posted by
MostlyRussky
on May 31, 2008 at 08:52 AM
I knew when this ruling came down that it was just the sort of low-hanging fruit you like to pick--complete with junior-high-ish one-sentence paragraphing and links to the right-wing Heritage Foundation to prop up your misguided outrage. Apparently you and the Heritage Foundation believe marriage is supposed to be about the "relationship between fathers, mothers, and children" huh? So sterile or elderly heterosexuals, I guess, shouldn't be allowed to marry because no children could result? Lovely. What religion advocates that? And for crying out loud, please enroll in a good high school government course that will explain to you what the judicial branch's job is in this country: to interpret the laws. You and I have every right to vote, but when we vote for something that violates the Constitution, the Constitution trumps our wishes. Founding Father Alexander Hamilton in Federalist Paper #78 wrote, "wherever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former." In other words, just because lots of folks like an idea, it's not necessarily legal--which is why Supreme Court decisions like Plessy v. Ferguson and Brown v. Board of Education had to come along in the Civil Rights era to abolish the legal practice of separate-but-equal facilities in the segregated South. The South was pissed, but don't you agree that the Constitution's guarantees of equality take precedence over what racist southerners approved of? It's too early in the morning for me to have to work this hard trying to straighten out your reasoning. Jeesh. posted by
sagefever
on May 31, 2008 at 08:52 AM
Well heck a lot of folks like to square dance Ms.Shrider~"reeling" ,get it? As in Virgina Reel? Sorry but we have done this topic to death,and once more I will simply say~~~Love! Hurray LOVE has won the day! The last time that happened they promptly nailed him to the cross.
posted by
gube
on May 31, 2008 at 08:57 AM
Some people think that Gay marriage cheapens ''marriage''......I think the straight people that get married and divorced 3,4,5 times is what cheapens marriage. I think the people that cheats on their wives, husbands are what cheapens marriage....and many of you have cheated on your spouses. Clean your own side of the street first. posted by
Maggiepoo
on May 31, 2008 at 08:58 AM
"anything that is actually important" gube.... Bakersfield......important is not in the vocabulary...try Pickup truck, beer,buck Owens,hispanics,blacks, hej that is in the vocabulary....important, no way------ posted by
gube
on May 31, 2008 at 09:06 AM
posted by
johnburnssucks
on May 31, 2008 at 09:12 AM
Where you been, Mag? What Shrider lacks the ability to understand is that the vast majority of gays and lesbians aren't ignorant enough to believe in this "God" nonsense, and therefore care nothing about any "blessing." posted by
AudreyB
on May 31, 2008 at 09:14 AM
posted by
Wayfarer
on May 31, 2008 at 09:22 AM
posted by
blognroll
on May 31, 2008 at 09:29 AM
posted by
sagefever
on May 31, 2008 at 09:30 AM
Why Way,is that some sort of personal attack against those who do not agree with you? I am shocked,shocked I say, to see there is gambling going on here!
posted by
Maggiepoo
on May 31, 2008 at 09:30 AM
Gube...Merle is not dead yet....he left here but they love him? strange ones here in the timewarp.... posted by
Maggiepoo
on May 31, 2008 at 09:33 AM
Buck sucked, little do you know newcomer wannabe Broll, Don was a different story but didn`t reap the Riches he was entitled...get it? posted by
blognroll
on May 31, 2008 at 09:36 AM
When he left, he left a treasure of songs that touch our hearts and move our souls. That's where the love comes in. He can live wherever he wants to live. Maybe his lungs can't handle the smog on top of everything else they've had to deal with. Now, back on topic, vocabulary and literary style---these are legitimate, if you can back up your criticisms and they are constructive. But for those who voice this criticism, isn't it just a diversion away from why you really go after her---because her views are so different to those of your own? posted by
blognroll
on May 31, 2008 at 09:40 AM
Buck sucked, little do you know newcomer wannabe Broll, Don was a different story but didn`t reap the Riches he was entitled...get it?
If, by wannabe, you mean I wannabe better than I am now, you are absolutely correct. There is room for improvement in all of us. There was for Buck, but that doesn't mean he didn't have a profound influence on country music, that he didn't help to shape a new sound, and that he wasn't talented. He was immensely talented in many ways. posted by
slowpOak
on May 31, 2008 at 10:24 AM
Conservatives believe that allowing gays to enter into marriage somehow infringes on their rights and cite tenuous examples of the fallout (some obscure wedding photographer sued for being a bigot...) Then they champion legislation which would strip constitutional rights in an immediate and conrete manner from select groups without any sense of irony. Intellectual rigor isn't a prerequisite for any number of blue collar professions, but wouldn't one expect more from a columnist?
posted by
Maggiepoo
on May 31, 2008 at 10:33 AM
posted by
gube
on May 31, 2008 at 10:38 AM
Gube...Merle is not dead yet....he left here but they love him? strange ones here in the timewarp.... Maggie niggers and wetbacks are still alive and thriving in Bakersfield so I don't understand your comment..............And by the way I love old Merle...... posted by
AudreyB
on May 31, 2008 at 10:47 AM
Tee Hee Little Phew thinks the word Timewarp is still in vogue. I guess she didn't get the phone call posted by
Maggiepoo
on May 31, 2008 at 10:53 AM
just commenting on what is considered "important" vocabulary in the Patch, Try asking anyone on the street the meaning and philosophy of "Muslim", Our country is crumbling and the BushCo wants us to believe that they are the evil enemy, but the masses know nothing of these people or thier religion which was around long before the present day revised and edited Christian industry. posted by
AudreyB
on May 31, 2008 at 11:03 AM
Guess what Phew Even people in Bakersfield have access to college classes in sociology and other related social sciences. We get the History Channel, The Discovery Channel, A&E and PBS. There are planes, roads and rails leading out of here to all parts in the world. Almost everyone I know has used one to explore the world. We don't live in a bubble. You're lack of insight and understanding of Bakersfield and it's citizens is your problem, not ours. As I told you before, most people are too smart to live in a place they despise. What's your excuse? posted by
blognroll
on May 31, 2008 at 11:45 AM
posted by
blognroll
on May 31, 2008 at 11:53 AM
I see Bush has blood on his face, Maggiepoo. Must be left over from the blood, sweat and tears he's put into protecting the United States from further terrorist attacks :) And to keep with the topic at hand, he's also done a lot to voice support for the preservation of the definition of marraige as between a man and a woman. posted by
gube
on May 31, 2008 at 11:56 AM
No blonroll it the Blood of all the Innocent women and children that he killed in the unjust war with Iraq.....................And the blood from our men and women fighting and dying for this unjust war..............get it right ! posted by
Maggiepoo
on May 31, 2008 at 11:59 AM
posted by
blognroll
on May 31, 2008 at 12:01 PM
There has been blood spilled in this war that should not have been spilled. Most of that blood can be traced to terrorists. Some of it has to do with poor strategy and poorly executed strategy. Some of it may have to do with the launching of the war itself. Perhaps it was the wrong war at the wrong time. But have you ever shown any moral outrage over the innocent blood spilled in suicide attacks or the innocent blood spilled as a result of the cruel commands of Saddam Hussein?
posted by
blognroll
on May 31, 2008 at 12:04 PM
So Maggiepoo, you're suggesting that Bush is not so evil as he is often depicted. You are suggesting he's capable of remorse. And, by reference to him being a puppet, are you suggesting that he was not acting on his own accord, and, therefore, should not be held responsible for his actions?
posted by
Maggiepoo
on May 31, 2008 at 12:05 PM
Saddam’s Exile Deal Could Have Saved $6 Trillion How did we get from a “profitable” war against Iraq to a $6 trillion swirling black hole that threatens to flush the United States and the world down the drain? Follow the dollars. Follow the lies: posted by
gube
on May 31, 2008 at 12:10 PM
No to tell you the truth if they want to kill each other , I say let them. It's their world let them be................But for us to go to Iraq and bomb the f--k out a country that bearly fought back was wrong. For gods sake they had their whole air force burred under the sand......... Sorry but I believe that our military is responsible for a hell of alot of innocent Iraqi lives then you want to believe...But to answer your question ...I don't care if they kill each other...... posted by
robge
on May 31, 2008 at 12:13 PM
Maggiepoo ....you are flat wrong. You think your a real wordsmith and show intelligence but your really like a child playing with matches. 1.) Christianity was in place for 1300 years prior to the Mohammad's Islam. 2.) The books that make up the Bible were written well prior to Islam's Koran. 3.) The accepted teachings of Jesus Christ are the same today as they were 2000 years ago. There are many adherents to 4200 different religions worldwide. If you want to know more about this go to http://www.adherents.com/Re... and read. Don't be a hateful and judgemental person, educate yourself lest you look hateful and ignorant. posted by
blognroll
on May 31, 2008 at 12:13 PM
I would suggest that if we want to go this far into the subject of the war, it would be better to discuss that under a separate blog thread. posted by
gube
on May 31, 2008 at 12:15 PM
posted by
Maggiepoo
on May 31, 2008 at 12:15 PM
He was (is) Pres of BushCo, he has to answer to the company and they want profits and he gave them profits, It`s up to you to judge if that is evil or not... he gave up golf for the troops ..sure he shows remorse posted by
Maggiepoo
on May 31, 2008 at 12:17 PM
posted by
sagefever
on May 31, 2008 at 12:18 PM
I believe this is the resurgence of a Panfollio/RedKernHero type person,IMHO .Here to salt the waters,not much else.
posted by
hotandfoggy
on May 31, 2008 at 12:18 PM
Marylee, you're back. I love you. You're like family! You remind me of my staunch Christian fundamentalist uncle that doesn't use reason in justifying his beliefs. First, the people who "are sill reeling from the courts 4-3 decision" are lucky that they don't have to worry about finding a well paying job, health benefits, and high gas prices. Slippery slop is a logical fallacy. I hate to break this to you how wikipaedia defines sloppery slipe. "In debate or rhetoric, the slippery slope is one of the classical informal fallacies. It suggests that an action will initiate a chain of events culminating in an undesirable event later without establishing or quantifying the relevant contingencies....The term "slippery slope" is often used synonymically with continuum fallacy, in that it assumes there is no gray area and there must be a definite transition at a certain point from category A to category B. And the Heritage Foundation is a conservative think tank just because someone wrote an article about it doesn't mean it is right. Have a good day! :) posted by
mattloch
on May 31, 2008 at 12:52 PM
Mostly Russky: "And for crying out loud, please enroll in a good high school government course that will explain to you what the judicial branch's job is in this country: to interpret the laws. You and I have every right to vote, but when we vote for something that violates the Constitution, the Constitution trumps our wishes. Founding Father Alexander Hamilton in Federalist Paper #78 wrote, "wherever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former." In other words, just because lots of folks like an idea, it's not necessarily legal--which is why Supreme Court decisions like Plessy v. Ferguson and Brown v. Board of Education had to come along in the Civil Rights era to abolish the legal practice of separate-but-equal facilities in the segregated South. The South was pissed, but don't you agree that the Constitution's guarantees of equality take precedence over what racist southerners approved of?"
posted by
MostlyRussky
on May 31, 2008 at 01:13 PM
Mattloch, that's so cool--Orson Welles himself (I think?) giving me a hand! I'm honored. *doffs hat, bows, scurries offstage* posted by
bakotopia
on May 31, 2008 at 01:25 PM
BAKO BLOGGER - CHASE BROCKETT POSES THE QUESTION, "WHAT WOULD ROPER DO?" posted by
NancyII
on May 31, 2008 at 02:29 PM
maggie is a former blogger who was here for just a short time before getting suspended for the same shenegans as he's been pulling here lately. His days are numbered, people like him always self destruct. posted by
sagefever
on May 31, 2008 at 03:47 PM
posted by
sfinboston52
on May 31, 2008 at 03:55 PM
look to MA, the state recognizes same-sex marriage for the past 4 years. MA has the lowest divorce rate in the nation. No one has been forced into a same-sex marriage, attend a same-sex marriage, perform a same-sex marriage. This does not affect st8 marriage in any way shape or form. This does deny anyone their religious views.
posted by
siouxcityranch
on May 31, 2008 at 05:26 PM
Wow man you guys are un freakin real...disappointed in some.. amazed by others... and not surprised by the majority. Except for a few posts I feel like Im swimming in a cesspool of humanity .. Some of you dont even live in our town so ya might think about gathering up your bad attitudes and go rant privately amongst yourselves because you wont change a true blue hetro's mind into accepting your life style by posting nasty comments on a blog. I know Gay couples that do their own thing ..and through a number of one on one conversations.. admit that gays that jump up and down trying to shove their gayness down other peoples throats are an embarrassement to the gay community..The outspoken type do it more for the shock value and the look at me Im so smart and kewl aspect than really caring about what they are arguing over..They just love the attention. I think blogs like this need to relax for awhile and not give them the attention they crave so badly. Maybe they will puff up and blow away...
posted by
drilnliftcrude
on May 31, 2008 at 05:55 PM
posted by
ChicoEsquela
on May 31, 2008 at 06:10 PM
{cough} Chong From Cheech (chico)...... Right on bruthuh..... {cough} It is attention these cabesa nudillos crave Cut that supply off and they'll dry up like pasture ground off Hwy 155 posted by
ChicoEsquela
on May 31, 2008 at 06:12 PM
Gee......... isn't Mattlock the intellectual one? {cough} Orson had his own zip code at the end......... posted by
possummomma
on May 31, 2008 at 06:18 PM
"Judicial Tyranny"??? Aren't we being a tad bit dramatic? Judicial tyranny is when a judge kicks you out of your house because he/she feels like it. Judicial tyranny is when the law tells you you can only have one child or marry in your race. Judicial tyranny is a man being hung or lynched, by the powers-that-be, even though he did nothing wrong. Gay people are Americans, too. They are entitled to protection by law. They didn't sign away their constitutional rights when they came out. What are you so afraid of? Gay people have been cohabitating, in this country, since it was founded. Did these people come into your house and demand that you watch them have gay sex? No. Did they tell you to find a woman? No. Did they tell you how to have sex with your husband? No! What gives you the right to deny them their civil rights as human beings? posted by
siouxcityranch
on May 31, 2008 at 06:44 PM
Because its not natural..do you see same sex animals singelin one another out doin the nasty ..and im not talkin about just bumpin and grindin air..even they have more sense... I apologize for being so verbally graphic but theres no other way to put it..I breed horse here ..collect and artificailly inseminate all by my lonesome so Ive found talkin straight to describe somethin to a bystander is the shortest route. passin it...ur hit Chico *cough*
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