November 21st, 2009
 

365 Gay: News

Prop 8 protests tonight


updated 1:45 p.m.

(San Francisco, California) The California Supreme Court has ruled that Proposition 8 – the voter measure banning gay marriage in the state is legal.  But the court also said that the 18,000 same-sex marriages performed before the election are valid.

The 6-1 decision upholding Prop 8 was written by Chief Justice Ron George. The ruling rejected an argument by gay rights groups that the ban revised the California constitution’s equal protection clause to such a dramatic degree that it first needed the Legislature’s approval.

The ruling said the people, through the ballot box, have a right to change the state constitution.

“In a sense, petitioners’ and the attorney general’s complaint is that it is just too easy to amend the California constitution through the initiative process. But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it,” the ruling said.

The decision by the justices that Prop 8 was not retroactive was unanimous.

Outside the court, large crowds began arriving hours before the ruling was to be released. Police set up barricades to keep the two groups separated. After the ruling, gay-marriage advocates began blocking off San Francisco intersections in protest.

The ruling angered many on both sides in the crowd. Conservatives said that the court should have invalidated the 18,000 marriages, while LGBT supporters said the ruling creates two classes of gay citizens in the state.

The group Marriage Equality will hold solidarity marches in communities across California tonight. Similar marches will be held in other cities across the country.

The effort to legalize same-sex marriage for all Californians now rests with two groups preparing voter measures to overturn Prop 8 in 2010.

The California Secretary of State has given the group Yes on Equality until Aug. 17 to collect the nearly 700,000 signatures needed to qualify its initiative for the 2010 ballot. It would ask voters to repeal Prop 8. The other, by two college students, would strike the word “marriage” from all state laws.

Prop 8 was passed by voters in November by a slim 52 percent. The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights immediately filed lawsuits challenging the constitutionality of the November Prop 8 vote.  They were joined by additional suits by the cities of San Francisco and Los Angeles and a legal opinion by California Attorney General Jerry Brown.

For the court there were three issues to be determined: Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution; Does Proposition 8 violate the separation of powers doctrine under the California Constitution; and If Proposition 8 is not unconstitutional, what is its effect, if any, on the 18,000 marriages of same-sex couples performed before the adoption of Proposition 8.


Login or Register to comment.

or Login with Facebook:

  • Michael Said: May 26th, 2009 at 2:02 pm
    • @Sequalnotspecial – You know what I say about “convince more voters”…PISS OFF!!! We don’t need to convince anyone of anything. That doesn’t work when you are dealing with bigots who hide behind religion for their bigotry…can you say MORMONS…you’ve see the memos from that CULT that go back a decade and the BS about them support sep. but equal..we’ve seen them fight time and time again against any rights for gay couples. Equality is in the US Constitution. I shouldn’t have to convince anyone that I “deserve” equality, dignity, or respect. The US Supreme Court did not force State by State to vote on ending segregation. So for those of you who think we need to educate and pled and beg for equality should go F*CK YOURSELVES…because I don’t care if you “accept” my lifestyle, approve of me, think it is a choice etc…the fact is that I am here and queer and demand my equality and I’m tired of giving money to groups that seem to waste it and watch as over and over I go through the same heartbreak and have to explain to my daughters why our family is viewed as “less than” by our neighbors. It is time for ACTION and if that means the non-peaceful type, then so be it!

  • Matt Said: May 26th, 2009 at 2:01 pm
    • Violence is not the answer….unless it works. You cannot sit there and tell me the only effective means of protesting have been “non-violent” protests. Scare them the way they have tried to scare the the majority into the vote that led to prop 8.

  • Trevor Said: May 26th, 2009 at 1:52 pm
    • A few strategic executions can turn the tide.

  • Bob Said: May 26th, 2009 at 1:51 pm
    • Time to move to Massachusetts.

  • Rodney Moore Said: May 26th, 2009 at 1:49 pm
    • It’s time to escalate the struggle, we’ve done non-violence to it’s logical end. We’ve followed the rules and we’ve got nothing to show for it. It’s time to stop singing and start swinging. It’s time for those panzy as* fagg*ts like our resident church lady, Morgan, to sit down and shut up.

      The sons of liberty used violence, abolitionists used violence, why the hell are we supposed to sit by and let legislative terrorism(Prop 8) go on why we sing kumbaya?!?!?!

      I say torch the Supreme Court of California to the ground, hunt down the “judges” who shat on the Constitution and execute them. Take the list of all those who supported prop 8 and do what needs to be done.

      Either rights are worth fighting for or they’re worth nothing.

  • Jay Said: May 26th, 2009 at 1:47 pm
    • I hope that there will not be any riots, but I hope that there will be massive demonstrations and rallies, and that the signatures to put the issue back on the ballot asap will soon be turned in.

  • James Withers Said: May 26th, 2009 at 1:46 pm
    • Rodney,

      “I hope some “churches” get torched, and some prop 8 supporters get their asses stomped or killed. ”

      O please stop being silly. You want to be mad about the decision fine, but looking for someone to get killed is not helping the cause. Grow up please.

      Sincerely,
      James

  • Trevor Said: May 26th, 2009 at 1:45 pm
    • Violence IS the answer. Until these morons PAY for what they’ve done they’ll stand there in their smug self-righteousness thinking they’ve won the day. So them no mercy.

  • Kris Said: May 26th, 2009 at 1:43 pm
    • OMG, I’m extremely pissed for Californian Equal Rights promoters. I’m going to have to get some anger management classes, or quadroupled depression medications. Shame on you Supreme Court, shame on you.

  • Rodney Moore Said: May 26th, 2009 at 1:43 pm
    • I second that emotion,, I hope some “churches” get torched, and some prop 8 supporters get their asses stomped or killed.

      If the right to vote gives a voter the right to vote away someone’s rights, then by the very same logic the right to bare arms gives one the right to kill that homophobic idiot.

  • Morgan Said: May 26th, 2009 at 1:42 pm
    • Anger and unending protests is good and necessary, violence and rioting where people could get hurt or killed is not good and not necessary.

      Especially with the economic hard times, stability is needed more than ever.

      We will protest and protest, work and work for equality and educate and educate the public until this injustice is undone.

      This has sparked more conversation about this issue nationwide and that is good.

      Hotheaded and impulsive RIOTING will do vastly more harm than good.

      So, I disagree with you MIchael, protests, marchesx, rallies and demostrations are good, blocking intersections is good, but again violence is not.

  • Jessi Said: May 26th, 2009 at 1:41 pm
    • I’m not one to advocate for violence,, oh who am I kidding, YES I AM

  • alex Parrish Said: May 26th, 2009 at 1:40 pm
    • My partner and I often argue about the lessons of the civil-rights movement of the 60s. He thinks the lesson is “Only non-violence works” (i.e. Dr. Martin Luther King Jr.). I say that the lesson is that “non-violence is only relevant in opposition to actual violence.” King would not have been possible without the riots in Watts CA (and many other places) I don’t think that civil violence is a good thing, but I think it may be a necessary thing. It saddens me to say so, but as a practical matter, ‘the squeaky wheel gets the oil.’

  • equalnotspecial Said: May 26th, 2009 at 1:38 pm
    • Riots won’t help, and will only hurt our cause. We have to convince more voters to give us equal rights. We can’t intimidate them into voting for us.
      Keep it civil. We must pursuade them.
      (We shouldn’t have to pursusde them, but that is the reality. Riots will only hurt us next time we vote.)

  • Michael Said: May 26th, 2009 at 1:30 pm
    • My depression is turning to anger once again and I hope we see RIOTS like we’ve never seen tonight!!!! It’s time to take back what little respect we have left!

 
Login

Register
Lost your password?


or Login with Facebook