California Gay Marriage Ban Lifted

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zehydra

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PhiMed said:
zehydra said:
I'm American, and while I generally dislike the Federal government telling the states what to do, I support this, as it was a breach of the constitution. Now, what's more important, is that people need to realize that any definition or tax breaks for marriage, by any government under the U.S. flag, is unconstitutional.
Matt_LRR said:
Konrad Curze said:
Ahh its a dark day for democracy.
Even worse since this already happened and Prop 8 had to come along to fix it.
yeah, that whole defence of the constitution thing, real bad news for democracy.

-m
I thought the law was a bad idea, but I have one question to ask. You both say it's a breach of the Constitution: which part? I don't think the Constitution or any of its ammendments have anything to say about marriage whatsoever. In fact, to the contrary, the Tenth Ammendment pretty specifically states that any power not specifically granted to the federal government defaults to the states or to individuals.

Where does the Constitution specifically give the federal government the right to dictate to whom states can grant marriage contracts?

I'm not being facetious. I think the law was a bad law, but I think it was perfectly Constitutional, so unless a federal law is passed to supercede the state law or the constitution is ammended, it should've been allowed to stand. Please explain to me why I'm wrong. Otherwise, I have to view the argument that it was unconstitutional as a slightly less defensible position than, "They shouldn't be able to be married because Jesus says so." At least people who say that can cite their sources.
touche. By "any power" not specifically granted to the federal government, does this mean that any power imaginable not covered by the constitution is an allowable power for a state to have?
 

Naeo

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I'm very happy about this particular turn of events. First, the idea of putting a civil rights issue up for a fucking public referndum is insane. If we did that with the rights of women, or blacks, or Asians, or mentally retarded people, or disabled people, at any point in our history there would have been an enormous shitstorm and it never would have happened. Personal feelings aside for a moment, the governmental system of the United States is more or less structured around preventing the tyranny of the majority- the majority of people deciding on something like, say, killing everyone who wears shorts next Tuesday- from having reign. Deciding to put a civil rights issue (marriage) of a minority group (gays) up for public vote completely circumvents this and is, to me, absolutely ludicrous (again, personal feelings on the issue aside).

I also feel it's a step towards making that last bit of the Pledge of Allegiance no longer a lie- "With liberty and justice for all." I believe "all" is pretty unambiguous.

However, I think there'll still be a ways to go before we truly are "the land of the free". We've lagged behind in civil rights basically since the beginning.
 

therookie95

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Nov 18, 2009
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I am straight and A guy but I am happy that this ban has been lifted, I respect if someone chooses to be gay and I believe that there should be no laaws to prevent it (its your choice) Anyone who says "Its going against God, your going to hell" really needs to start looking at the actual views of their people.
 

Shaoken

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Konrad Curze said:
Matt_LRR said:
Konrad Curze said:
Ahh its a dark day for democracy.
Even worse since this already happened and Prop 8 had to come along to fix it.
yeah, that whole defence of the constitution thing, real bad news for democracy.

-m
I am assuming you mean this as sarcasm but the simple fact is that the constitution is bad news for democracy. The people voted against gay marriage.
Correction, 51.5% voted against it, 48.5% voted for it. So this precedent would mean that any group could have rights taken away from them by a simple majority, which is absoloute bullshit.

Not to mention that your entire country is built on the constitution; it can't be bad news for democracy considering you've been using it for 200 years.
 

Arkhangelsk

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ReincarnatedFTP said:
Arkhangelsk said:
I'm glad. This is a great day for the individual rights. If homosexual people want to get married, let them. Although I hope it won't turn into a fight for the gays to have the right to get married in church, cause that's something I'm a bit skeptic about.
I don't think gays have a right to force a church to marry them.
I do believe they have right to being allowed to marry in the civil sense and that if a church wants to marry gays they should be allowed to.
Furious Styles said:
Arkhangelsk said:
Although I hope it won't turn into a fight for the gays to have the right to get married in church, cause that's something I'm a bit skeptic about.
I agree, i think that's got to be the church's decision. State and church are separate in the US after all, so the government really can't force them.
Indeed. Churches are private "businesses", so to speak. Same reason I also think that churches should not be exempt from taxing.
 

Gigathrash

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Apr 28, 2010
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Democracy assumes everyone is an intelligent, good, logical, fair person.
The mere fact that prop 8 passed proves that not all people are as described above. Which is why we have governmental intervention, to slap around the idiots and to tell them just how large idiots they are.
 

Arkhangelsk

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therookie95 said:
I am straight and A guy but I am happy that this ban has been lifted, I respect if someone chooses to be gay and I believe that there should be no laaws to prevent it (its your choice) Anyone who says "Its going against God, your going to hell" really needs to start looking at the actual views of their people.
Although they have the right to think so. But, that statement should only be able to hold up in church, otherwise they're violating people's rights.
 

lordbuxton

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Aug 5, 2010
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Furious Styles said:
The title says it all, but here's a link

http://www.guardian.co.uk/world/richard-adams-blog/2010/aug/04/proposition-8-gay-marriage-california?CMP=AFCYAH

Basically, a judge found the ban was unconstitutional.

Personally, I am pretty glad they've done this. It's a victory for civil rights and just generally great (speaking as a brit).

Thoughts? I know you're all reasonably enlightened so I can't imagine much hate for this news.
This is absolute bull.

To support gay marrige is to accept a mental disorder as "acceptable".

We should be trying to cure this disorder rather than accepting it as a part of life.
 

MoeTheMonk

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ReincarnatedFTP said:
MoeTheMonk said:
Once again, one judge overrules the will of the people. What a great world this is.
I bet you were just as upset when those damn judges said slavery and segregation and anti-miscegenation laws were wrong.
Damn activist judges and their refusal to stomp on the rights of the minority because the majority feels like it.
Well, as long as you and that judge think your way is better, go ahead and ignore the majority of the state, they're stupid anyways. It's just such a relief to know that one judge's opinion is instantly worth more than most of the state.
 

thethingthatlurks

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MrFluffy-X said:
51.5% voted against it, 48.5% voted for it? why did people vote if it didnt matter?
Because the rights of a minority must be protected against the tyranny of the majority. That's the stigma of democracy, and one of the reasons why courts have the ability to overturn legislation. As for why they voted, well, people are idiots. One more reason why social policy should never be left up to the public to decide. Equality for all!
 

ReincarnatedFTP

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MrFluffy-X said:
51.5% voted against it, 48.5% voted for it? why did people vote if it didnt matter?
They shouldn't have been voting on someone else's civil rights in the first place. California has a retarded referendum/proposition system that puts the stupidest things up to direct democracy.

lordbuxton said:
Furious Styles said:
The title says it all, but here's a link

http://www.guardian.co.uk/world/richard-adams-blog/2010/aug/04/proposition-8-gay-marriage-california?CMP=AFCYAH

Basically, a judge found the ban was unconstitutional.

Personally, I am pretty glad they've done this. It's a victory for civil rights and just generally great (speaking as a brit).

Thoughts? I know you're all reasonably enlightened so I can't imagine much hate for this news.
This is absolute bull.

To support gay marrige is to accept a mental disorder as "acceptable".

We should be trying to cure this disorder rather than accepting it as a part of life.
To support Judaism and the Jew is to accept a mental disorder as "acceptable".
We should be trying to cure this disorder rather than accepting it as a part of life.
Sieg Heil amirite.
 

Furious Styles

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lordbuxton said:
This is absolute bull.
To support gay marrige is to accept a mental disorder as "acceptable".
We should be trying to cure this disorder rather than accepting it as a part of life.
How, pray tell, is it a mental disorder. Go on, I'm curious to know what you think.

Unless you're being ironic, in which case you got me.
 

MrFluffy-X

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Jun 24, 2009
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lordbuxton said:
Furious Styles said:
The title says it all, but here's a link

http://www.guardian.co.uk/world/richard-adams-blog/2010/aug/04/proposition-8-gay-marriage-california?CMP=AFCYAH

Basically, a judge found the ban was unconstitutional.

Personally, I am pretty glad they've done this. It's a victory for civil rights and just generally great (speaking as a brit).

Thoughts? I know you're all reasonably enlightened so I can't imagine much hate for this news.
This is absolute bull.

To support gay marrige is to accept a mental disorder as "acceptable".

We should be trying to cure this disorder rather than accepting it as a part of life.
mate they are going to slaughter you, but i think its a fair opinion...
 

Escapefromwhatever

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Feb 21, 2009
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Matt_LRR said:
Konrad Curze said:
Matt_LRR said:
Konrad Curze said:
Ahh its a dark day for democracy.
Even worse since this already happened and Prop 8 had to come along to fix it.
yeah, that whole defence of the constitution thing, real bad news for democracy.

-m
I am assuming you mean this as sarcasm but the simple fact is that the constitution is bad news for democracy. The people voted against gay marriage. Lets not forget that the constitution also makes it legal for news stations to tell straight out lies.
No, a ruling that the FCC did not have sufficient regulatory authority to prevent news stations from telling outright lies makes it legal for news stations to tell straight out lies. (a claim which itself is only half true).

----------------

point 1: The US is a republic, not a democracy. A republic being a representative deomcracy - the basis of which is that representatives act in the interest of their constituents, not necessarily according to their wishes.

point 2: go read up on tyranny of the majority. Just because an idea is popular doesn't make it just or right.

point 3: the constitution is held as the basic operating rules for all of american democratic process. Without it (and defense of it against misguided and prohibited populist action) your democracy is meaningless - it is but a dictatorship of the many.

-m
Oh LoadingReadyRun, you always make me happy.

Huzzah!
 

ReincarnatedFTP

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Jun 13, 2009
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MoeTheMonk said:
ReincarnatedFTP said:
MoeTheMonk said:
Once again, one judge overrules the will of the people. What a great world this is.
I bet you were just as upset when those damn judges said slavery and segregation and anti-miscegenation laws were wrong.
Damn activist judges and their refusal to stomp on the rights of the minority because the majority feels like it.
Well, as long as you and that judge think your way is better, go ahead and ignore the majority of the state, they're stupid anyways. It's just such a relief to know that one judge's opinion is instantly worth more than most of the state.
Yeah. I probably also have crazy ideas like blacks not being property or racial segregation is a bad idea even if the majority would vote for it.
I'm soooooooo sorry.
 

asam92

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Oct 26, 2008
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NOOOOOO!!!!! Gay's cant get married

NAH Im kidding, its about time they lifted this, Gays should have the same rights as straights.
 

Ashendarei

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Feb 10, 2009
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Meh, I dont have a personal stake by any means in it but I'm glad that gay couples can be as miserable as the rest of us now :D
 

YourlocalPCsnob

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May 22, 2010
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Lets get one thing clear.
This wasn't about civil rights.
Gays haven't been oppressed.
(not on the same level as blacks italians irish polish germans japanese chinese catholics jews handicapped or mentally disabled etc.)

As for the law being over-turned. eh
I see little use in a dispute in which both sides throw tons of money at an issue that has little to no cultural relevance and has been blown way out of proportion.

PS. California STOP STEALING MY GOLD. its bad enough your broke. don't drag everyone else down with you