The Student Room Group

Prop 8 Overturned (for now) - Take that rightwing religious twonks

Finally, California's Proposition 8, banning same sex marriage, has been overturned and ruled as "unconstitutional". This until it gets taken to higher courts and possibly the supreme court. For a state thats always seemed to be quite liberal and leftist (for America anyway) I was quite suprised when Prop 8 managed to get passed. Ah well

The Governator is a fan of same sex marriage too so I think that is adequate proof that same sex marriage is a good thing...sort of...I guess

Full story - http://www.guardian.co.uk/world/2010/aug/05/california-proposition-8-ban-overturned

For any Americans out there - if this gets taken to the Supreme Court and the overturning of Prop 8 is upheld, will this have any effect on other states or the law/constitution in general?

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Yeah, that is very good that they've got rid of prop 8. I am very glad.
Reply 2
Most Republicans uphold the constitution and therefore should have no problems accepting the overturning of the unconstitutional Prop 8, right?
Reply 3
When prop 8 passed it was a really close ballet I think something like 51% to 49%. It will most likely go to the Federal Supreme Court where it will be overturned since well it's unconstitutional and besides its legal for same sex marriages in Washington D.C. I soon see it being legal in all states.
ChantzFox
When prop 8 passed it was a really close ballet I think something like 51% to 49%. It will most likely go to the Federal Supreme Court where it will be overturned since well it's unconstitutional and besides its legal for same sex marriages in Washington D.C. I soon see it being legal in all states.


Even Hawaii?
Reply 5
Addzter
Even Hawaii?


We'll see what happens I do think this is a new beginning for gay rights, must be what Obama referred to as "Change".
That Ugandan Pastor won't be happy!!
Regardless of your opinion of gay marriage; this is completely unconstitutional - a federal judge overturning something approved by the majority of California. Nothing more than judicial tyranny.
beecher
Most Republicans uphold the constitution and therefore should have no problems accepting the overturning of the unconstitutional Prop 8, right?

Marriage isn't mentioned in the Constitution at all
Mann18
Perhaps the greatest thread title of all time.


It's the stupidest title of all time. There are virtually no rightwing religious twonks in California, it's one of the most left wing states in the US.
Reply 10
Made in the USA
Marriage isn't mentioned in the Constitution at all


14th amendment bro!
beecher
14th amendment bro!


What about it? The word marriage doesn't appear anywhere in the text of the 14th amendment.
Reply 12
Meh. Whatever your views are on this. It was a democratic referendum. This just sends out the view that referendums are pointless and the opinoin of your average person does not matter.

Your letting the issue cloud the fact that this is a massive hit against democracy. Sure gay marriage should be allowed but this just showed that the majority, which is how are system works. Does not want it, yet one man opinoin is more important than 50% of a state.
Reply 13
Made in the USA
What about it? The word marriage doesn't appear anywhere in the text of the 14th amendment.


Neither is the word abortion yet Republicans seem to think legalised abortion is unconstitutional!
tw68
Neither is the word abortion yet Republicans seem to think legalised abortion is unconstitutional!


That's kind of oversimplifying the problem. Their main gripe is that Roe vs Wade is bad constitutional law. It's going to be replaced, and there will be a lot of confusion as a result. If it were overturned, it would simply revert the decision over legalizing abortion back to the states, and most of them would maintain it’s legality.
Reply 15
Made in the USA
That's kind of oversimplifying the problem. Their main gripe is that Roe vs Wade is bad constitutional law. It's going to be replaced, and there will be a lot of confusion as a result. If it were overturned, it would simply revert the decision over legalizing abortion back to the states, and most of them would maintain it’s legality.


You can't be serious? Their main gripe is that their voting base are religious nutjobs who think abortion = murder. They have no choice but to pander to these people if they want to get elected.
Reply 16
Made in the USA
It's the stupidest title of all time. There are virtually no rightwing religious twonks in California, it's one of the most left wing states in the US.


Exactly. Always funny to see religious and conservative lumped together. I bet these people would be shocked to hear that blacks overwhelmingly voted to keep marriage traditional.

I agree that gay-marriage should be legalized (mainly because I do not care about the issue at all), but I heard that the judge over-ruled the vote and was gay himself; if this is true I think it should go to a higher and non-biased court or just keep the law as the people voted on it. Otherwise what was the point of voting in the first place? If gay marriage was legalized and a judge overturned it there would be outrage from the other side...
Reply 17
Made in the USA
Their main gripe is that Roe vs Wade is bad constitutional law.


Do you honestly think that Sarah Palin and the rest of the social conservative's main gripe with Roe v. Wade is constitutional legality? Come off it. I think most pro-lifers would actually see that as a grave insult to what is seen by virtually everybody (rightly or wrongly) as a 'values' issue.

Speaking of the fourteenth amendment, far more concerning is this idea being floated (by very smart and previously principled men such as Graham and McCain*) that citizenship for every person born in America should be reviewed (fundamental to the fourteenth amendment and everything America should stand for).

*in a dogfight with a tea part nut-job, McCain has well and truly sold his soul down the river at this stage...
Harris
Exactly. Always funny to see religious and conservative lumped together. I bet these people would be shocked to hear that blacks overwhelmingly voted to keep marriage traditional.

I agree that gay-marriage should be legalized (mainly because I do not care about the issue at all), but I heard that the judge over-ruled the vote and was gay himself; if this is true I think it should go to a higher and non-biased court or just keep the law as the people voted on it. Otherwise what was the point of voting in the first place? If gay marriage was legalized and a judge overturned it there would be outrage from the other side...


And that's really what this ruling is all about. Whether or not gay people should be allowed to get married isn't even the issue. My problem is that will of millions of people was overturned by one man. Why even bother voting at all or even pretend that we live in a democracy when things like this are allowed to happen? And if they the will of the people can be overridden by one man in a case like this, what stops them from overturning other decisions?
Reply 19
Aj12
Meh. Whatever your views are on this. It was a democratic referendum. This just sends out the view that referendums are pointless and the opinoin of your average person does not matter.

Your letting the issue cloud the fact that this is a massive hit against democracy. Sure gay marriage should be allowed but this just showed that the majority, which is how are system works. Does not want it, yet one man opinoin is more important than 50% of a state.
No. Majority rule was specifically NOT how the system is designed to work. One of the points of a difficult-to-amend constitution is to protect the rights of minorities. If you want a simple majority to be able to decide on all matters of law, you might as well throw out the US constitution.

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