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This is mostly a rant post. I'm personally sick of the gay talk, sick of the gay agenda being crammed down my throat, and sick of the media and internet presenting the lie that almost everyone thinks gay marriage is wonderful and normal, and you are an uneducated backwoods bigot if you dare to oppose this.
I was listening to NPR today at lunch, and they made it sound like the only opposition to gay marriage are a few extreme sects of Christianity. This is nonsense. It would not be a controversial divided issue if this were true. Then CNN presents their story of the one backwoods Mississippi town where gays aren't welcome or whatever as if only uneducated rednecks are the ones who don't approve of the lifestyle.
I'm sick of the twisting of the Bible to make it appear that there is absolutely nothing wrong with gay marriage. The Bible couldn't be more plain on the topic. Verses like Romans 1:26-27 clearly show that God does not approve of the act, and certainly won't approve of gay marriage. I am not a bigot because I exercise my religious freedom to actually believe in the Bible.
"The media" has been reporting that 58% of Americans support gays getting married.
If you don't like gay people getting married, don't marry someone of the same sex.
I simply do not understand why this is being argued before the U.S. Supreme Court. Did the people of California not vote against gay marriage? Why are their votes being overturned?
I simply do not understand why this is being argued before the U.S. Supreme Court. Did the people of California not vote against gay marriage? Why are their votes being overturned?
Because the citizens of California don't have the authority to violate the Constitution. The Constitution trumps state law. We're not a direct democracy. The people don't vote on civil rights of other citizens, that's called Tyranny of the Majority.
Because the citizens of California don't have the authority to violate the Constitution. The Constitution trumps state law. We're not a direct democracy. The people don't vote on civil rights of other citizens, that's called Tyranny of the Majority.
I find this fascinating from a political and policy standpoint. How exactly are the people violating the constitution, when they were given the option to vote? In this instance, they elected to vote against gay marriage.
If the Supreme Court strikes down their vote, they are in essence stating that State elections hold no weight, which in essence means that the popular vote is meaningless.
Also, the constitution does not recognize the institution of marriage nor does it confer the right to marry.
I find this fascinating from a political and policy standpoint. How exactly are the people violating the constitution, when they were given the option to vote?
California is one of the few states that allows citizens to directly vote on new laws for that state. But those laws must comply with the Constitution of the United States. For example, California cannot vote to make Christianity illegal, as that would violate the 1st Amendment of the Constitution. Proposition 8 which denied same-sex couples the right to marry in California was ruled to be a violation of the 14th Amendment's Equal protection clause.
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They voted against gay marriage. If the Supreme Court strikes down their vote, they are in essence stating that State elections hold no weight, which in essence means that the popular vote is meaningless.
No State has the authority to vote on or pass laws which violate the Constitution. Popular vote is meaningless for the most part, because we're a republic. We elect representatives who pass the laws, and we have a judicial system in place to make sure those laws are in line with the US Constitution.
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Also, the constitution does not recognize the institution of marriage nor does it confer the right to marry.
The Constitution doesn't list a lot of things that are granted as rights (privacy for example). The Supreme Court ruled in Loving v. Virginia that marriage is a fundamental civil right based on the 14th Amendment.
California is one of the few states that allows citizens to directly vote on new laws for that state. But those laws must comply with the Constitution of the United States. For example, California cannot vote to make Christianity illegal, as that would violate the 1st Amendment of the Constitution. Proposition 8 which denied same-sex couples the right to marry in California was ruled to be a violation of the 14th Amendment's Equal protection clause.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Again, marriage is not an explicit right granted by government. Because this is not a right, the State of California hasn't actually violated the 14th amendment by voting against gay marriage.
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Again, marriage is not an explicit right granted by government. Because this is not a right, the State of California hasn't actually violated the 14th amendment by voting against gay marriage.
Loving v. Virginia
'Marriage is one of the "basic civil rights of man,"'
The State has violated the 14th Amendment, because heterosexuals are granted the right to 1500 State and Federal benefits, while same-sex couples are denied them solely on the basis of their biological sex. That's a violation of the Equal protection clause of the 14th Amendment. The State must have compelling interest in order to ban something like same-sex marriage. There is no valid legal argument that gives California the right to do so.
The voters of California do not have the authority to dictate that same-sex couples be denied the legal benefits that opposite-sex couples have.
If the argument was as ridiculously simple as you're making it out to be, this case would have never made it to the Supreme Court. It did, meaning the legal arguments claiming Prop 8 is unconstitutional are very very strong.
Section 1 of the 14th amendment states the following: 14th Amendment | U.S. Constitution | LII / Legal Information Institute
Again, marriage is not an explicit right granted by government. Because this is not a right, the State of California hasn't actually violated the 14th amendment by voting against gay marriage.
So is marriage a right, or a privilege? Either way it is covered by the 14th. If it is a right, then it is a right for everyone. If it is a privilege, then the state can not abridge that privilege based on the 14th.
So is marriage a right, or a privilege? Either way it is covered by the 14th. If it is a right, then it is a right for everyone. If it is a privilege, then the state can not abridge that privilege based on the 14th.
Actually, marriage is not covered or mentioned anywhere in the constitution, because again, it's not recognized as a "right," or a "privilege," by the U.S. government.
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