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Defense of Marriage

December 21, 2008

Imagine you got married, unwrapped all the gifts, moved in with your sweetheart, changed all your insurance papers, and subscribed to a daily newspaper.  Then over the breakfast table, you open the paper and find out that a bunch of people think you have the wrong kind of plumbing, and want to use the power of the state to forcibly un-marry you and your spouse.  Your marriage is under attack, and there’s a chance they might actually pull it off!

Think about what that would be like.  A bad dream?  More like a nightmare, and it’s happening right now in California, as supporters of Prop8, after having said they wouldn’t, have filed a brief seeking to erase existing gay marriages in the golden state. 

I am stumped at how anyone could be so heartless toward their fellow persons.  How?  How can they say; “We don’t like your kind of marriage so you have to be un-married.”  What darkness inhabits their hearts masquerading as kind religion? 

California attorney general Gerry Brown says Prop8 is unconstitutional and they’ll have to force him from office before he’ll force married couples to give up their rights to the pursuit of happiness.  You can help by sending him a brief message of support using his online contact form.  And consider writing the AG of your own state as well.  I have written Lisa Madigan, even though she is busy cleaning up the mess Rod Blagojevich has left all over the place here in Illinois.

Updates:

Categories: Uncategorized
  1. December 21, 2008 at 11:20 | #1

    Cruelty is more representative of the human psyche/heart than kindness, it seems to me.

    Maybe the Christian psychotic Mr. O. has invited to do the mumbo-jumbo at the inauguration could enlighten you more than I can.

    Here in Florida we just amended our Constitution so that gay people cannot marry. Since it already wasn’t being allowed, at least no “un-marriages” will take place, I guess. I assume any same-gender folks married legally elsewhere will not have their marriages recognized here if the immigrate. By the way, we also have no “common law” marriage here.

    I’m gonna back off my prior “meet the new boss same as the old boss” mantra regarding Mr. O’s political appointments, at least a bit. I am disappointed, but, then, sniping from the bleachers has only a limited value and legitimacy.

    I do wish he’d replace Mr. Gates. It would at least give some additional appearance that Mr. O’s prior stance against both the existence of and prosecution of the war in Iraq was sincere.

  2. December 21, 2008 at 11:24 | #2

    Me again. Regarding Mr. Brown and his claim of lack of constitutionality of Prop. 8 in CA (it was Prop. 2 here in the Sunshine State), a thought or so.
    Has the Supreme Court of the USA ever declared a provision of a State constitution invalid as violative of the US Constitution? You’d think, being a lawyer, I’d know that. By definition, it seems to me, a State consitutional provision, passed according to the procedures in that constitution, cannot be “unconstitutional” under that constitution. To the extent it may conflict with other provisions and/or create ambiguity when read with other provisions, well, that presents employment opportunity for lawyers and judges.

  3. December 21, 2008 at 11:28 | #3

    It might be some new ground, no?  I’ve heard of state laws being found unconstitutional under the US constitution, but this is a new thought.

  4. December 21, 2008 at 11:43 | #4

    If a state passes a constitutional provision banning interracial marriage, I assume it would be struck down, as the similar statutes were in Loving v. Virginia. My legal mind says that states cannot legislate in violation of US Constitutional provisions in the guise of state constitutional amendments. Phrased another way, it seems that in terms of US Consitutionally protected rights and prohibitions, state constitutions would be accorded no more respect than state statutes.

  5. December 21, 2008 at 21:40 | #5

    If a couple visits a state while in a marriage in that state, (e.g. age barred) what happens.

    In the UK we have civil unions, but everyone calls them marriages, and the legal rights are no different.

  6. December 24, 2008 at 00:40 | #6

    South Park tackled this issue best

    11:57
    “So why don’t we call it something else? Instead of referring to you as ‘married’. You will be butt buddies. Instead of being ‘man and wife’ you will be butt buddies. [...]”

    Riots break out and governor reflects…

    “Huh! I really thought that would work…”

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