How Not To Defend Marriage

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I wonder if they Prop 8 people realize what they did when they got their law passed - the new California law which prohibits future same-sex marriages and voids all the at-the-time-legal same-sex marriages that have occured over the past months?

They have essentially undermined the institution of marriage completely. As of now it is clear that the State can unilaterally, without the consent of the couple in question, dissolve a legal marriage. Some of these same-sex marraiges were conscecrated in in churches. Prop 8 has made it clear that the State can void a church's rites and rituals as it sees fit.

So, while they were pretending to be worried that the State would force them to perform gay marriages (which was never even on the table) instead they have changed "'Til Death do us part" to "So long as 51% of the electorate continues to believe that we should be allowed to remain married".

Great job there, dumbasses. Way to protect the instituion of marriage.

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There is an interesting flaw in prop-8 which could make it subject challenged or reversal in state or federal supreme court:

1) In addition to prohibiting future same-sex marriages, prop-8 dissolves current same-sex marriages
2) Some of the people whose marriages will be nullified by proposition 8 got married in CHURCHES whose doctrine allowed same sex marriages to be performed
3) In effect, Prop-8 caused the involuntary dissolution of marriages performed in one church(e.g. Episcopalian or Unitarian Universalist) because a majority of the population belongs to another church(e.g. Baptist)

Sounds to me like an open-and-shut case of violation of the Establishment Clause. Modifying the law to respect one establishment of religion and disrespect another.


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This page contains a single entry by edgore published on November 7, 2008 11:43 AM.

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