flewellyn: (Default)
[personal profile] flewellyn
I was just thinking about the apparent passage of Proposition 8 in California, which re-bans same-sex marriage by amending the state constitution.

Now, that same state constitution guarantees equality before the law to all citizens. This amendment clearly violates that principle.

Absent a successful legal challenge based on that conflict (several have already been filed), it seems to me that there is only one way to resolve it: while Prop 8 remains in effect, the state of California must refuse to issue marriage licenses to anyone.

It's not likely that this would happen, especially considering that the legal challenges to Prop 8's passage have a good chance of succeeding...but wouldn't it be awesome, in an odd way, to see? It would certainly stick in the craws of the fundies who pushed so hard for this discriminatory measure to succeed.

Date: 2008-11-05 11:23 pm (UTC)
minkrose: (These Colors)
From: [personal profile] minkrose
Does the mayor of San Fran have email? Because I bet if you put this idea in the mayor's head, San Francisco would be happy to start denying marriages in their city.

And it would be HILARIOUS!

Date: 2008-11-06 02:23 am (UTC)
From: [identity profile] the-resa.livejournal.com
I think they're already on this:
http://deborahjross.livejournal.com/79249.html

From the article: The petition charges that Proposition 8 is invalid because the initiative process was improperly used in an attempt to undo the constitution’s core commitment to equality for everyone by eliminating a fundamental right from just one group – lesbian and gay Californians. Proposition 8 also improperly attempts to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities. According to the California Constitution, such radical changes to the organizing principles of state government cannot be made by simple majority vote through the initiative process, but instead must, at a minimum, go through the state legislature first.

Date: 2008-11-06 03:15 am (UTC)
From: [identity profile] azzy23.livejournal.com
*bumblebee dance*

Date: 2008-11-06 06:16 am (UTC)
From: [identity profile] flewellyn.livejournal.com
Yes, I read about that. I'm hoping that it's successful. It figures that the hateful fundies would try to abuse the system to get what they want.

Date: 2008-11-06 06:38 pm (UTC)
From: [identity profile] lucretiasheart.livejournal.com
Well, if you have to CHEAT to get ahead, that should tell you something right there, right?

They make Jesus cry.

Re: Looks promising

Date: 2008-11-06 07:25 pm (UTC)
From: [identity profile] the-resa.livejournal.com
Smart. Very smart. At the very least this will tie it up in court for a while, giving our side a chance to undo some of the damage the "Yes on 8", with it's outright lies at times, did.

Also, if it can be sent off to Limbo for a while ... maybe, just maybe, some of these people will see that though gay marriage is continuing, their own marriages have yet to implode.

Does anyone know -- did America have a similar reaction to the first inter-racial marriages? I know my mother and father still had to deal with a bit of that in the late '60 - '70s (Hispanic/Native American + Irish/German), but America seems to have grown up about that. I must hope it will over this issue too.

Date: 2008-11-06 03:14 am (UTC)
From: [identity profile] azzy23.livejournal.com
I'm dancing a tiny tiny jig right now. Apparently, prop 8 never went to the legislature, as the California constitution demands for any proposition to change it significantly.

HA HA HA.

Date: 2008-11-06 06:17 am (UTC)
From: [identity profile] flewellyn.livejournal.com
It would be great irony, would it not, if the Mormons and other hateful fundies spent all that time, money, and effort on getting this thing passed, only to be told "You're doing it wrong!"

Date: 2008-11-06 07:27 pm (UTC)
From: [identity profile] the-resa.livejournal.com
Oh, I would so love that.

Let us hope, that they were so concerned about the "eroding of marriage" that they pulled out all the stops, and took a damaging bite to their financial structures.

Date: 2008-11-06 02:08 pm (UTC)
From: [identity profile] foma44.livejournal.com
i too think it seems as though legal action has a good chance in succeeding. it's really depressing to me though.

all state marriage ban

Date: 2008-11-06 06:36 pm (UTC)
From: [identity profile] lucretiasheart.livejournal.com
That would be pretty hilarious. Even if they only did for a few days-- say in the middle of JUNE? Bwah-hah-ha!

Date: 2008-11-11 03:03 pm (UTC)
From: [identity profile] happiestsadist.livejournal.com
I'd so love to see it.

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