The courts should not interfere. The proposition passed. Majority rules. The Gays think they are above the law

I’m quite disgusted that this is even up for debate.

The people have expressed their will, for the SECOND TIME.

Its the will of the people, not the will of activist judges, that is to be expressed. There are other states where gay marriage is legal, maybe those gays should move there. This is a state by state issue, and the people of the state have said they want marriage defined as being between a man and a woman.

GET OVER IT, TRY AGAIN NEXT TIME.

I don’t live in California so it’s not my issue. I wouldn’t want a California resident passing judgment on our affairs here in NY.

Yes!
we have checks and balances for a reason.

I think when any one group in society is singled out to be denied certain rights afforded to other citizens, the courts are an appropriate arena to settle disputes. Look how much money and litigation is involved in protecting prisoner’s rights, even though they may be rapists or murders. And it was only a few decades ago, interracial marriage was illegal, which the courts reversed.

Jack,this is the twenty first century—-Rules are made to be broken,regulations to be changed, straight could be bent and illegal could turn legal so just live and move on brotherman.

Jack,

Yes, they should intervene. Putting bigotry and injustice into the California Constitution is just too grotesque.

Jim
Reno, Nevada

I think both sides need to calm down and try tp let logic take over. It is always dangerous when courts turn over the voting results of the majority. Why not re-define the terms used for these specific marriages while rights remain the same. Having a specific term for hetero-sexual marriage and one for homo-sexual marriage etc. might relive some of the fear and anxiety of those oppsed to gay marriage. We might like both apple juice and orange juice, but having their own names does simplify things at the grocery store!

YES!! The Courts are there to protect the people form the tyranny of the majority and to make sure that peoples freedoms are protected 100% of the time. The California Supreme Court already gave its opinion on this issue and it is a blatant disregard for the authority of the cout that this measure was even up for a vote. I hope that this injustice will be changed as soon as the courts have their say…again.

I am not an advocate for the gay lifestyle. But I said it on November 4th and I say it now, putting an amendment to our state’s constitution taking the rights away from another citizen is a throwback to an ugly period in this country’s history when blacks were considered 1/8 of a citizen. After electing our first black President, why would we want to take a step backward?

You bet! Prop 8 is an end-run around California’s constitution and the process for changing it. Prop 8 represents a revision to our constitution that fundamentally changes it, and therefore it can only be placed on the ballot by a 2/3 vote of the legislature. The proponents of Prop 8 knew they didn’t have the votes for a revision, so they characterized it as an amendment which has a lower threshold. That plus boatloads of money from Utah (of all places!) got them what they wanted–discrimination hardwired into the constitution. Hey–gotta protect “traditional” marriage so Britney Spears can marry a guy for 48 hours while making sure that same-sex couples working hard, raising their kids and saving for their college educations are second class citizens.

My question is why do people feel they have the right to interfere in the personal lives of others and force their personal beliefs on them? As long as this occurs it will be necessary for courts to step in.

Majority rules? The people have spoken? If a vote had been held in 1967 as to whether or not to continue with Jim Crow in the South, I’ll wager the vast majority of people would have voted “yes.” Instead, in that case, the federal government had to step in and tell the white South that here in America, we don’t deny people their civil rights, even when we hate them.

Majority doesn’t rule — at least not when it’s in direct conflict with the Constitution of the United States. (And, yes, before you ask — the Constitution is still in force.)

~AS~

I do not believe in prejudice against the gays. And, I do not
believe in churches getting involved in the voting process.
If this was a fair decision than it should stand. But there
seemed to be alot of out of state influence, financial support
that should not have been allowed.

Why should married heterosexuals be the only ones with a, sometimes, complaining spouse? Everyone deserves a slice of misery at times.

You know, as an African-American, It really irritates me that the gay/lesbian community thinks this is a “civil rights” issue.

Gays were not brought to this country as slaves. Gays were never lynched, beaten, or denied the right to vote because of their sexual orientation. A gay person can walk into a job interview and avoid being discriminated against, simply by not talking about their beliefs.

None of that matches up with what people have endured in true civil rights struggles throughout history.

This is the way our country has been set up I feel sorry for them, but maybe they can start fundraising so they can run an ad campaign of their own to reverse the vote next time.

This should be left the the individual and their inner soul. We should not pass Judgment Leave that to the most Supreme Judge of mankind

I had hoped that the residents in California would vote against Prop 8; however, more people voted yes on it. The ruling should stand.

Like many things in life, a decision either way will make lots of people angry or unhappy. However, a decision must be made, and the California Supreme Court will be able to explain the reasoning behind it.

Interfere???? Funny, I always thought interpreting the law was why the courts were created. “The law,” of course, means the federal and state constitutions, not whatever popular prejudice is being shouted from the street corners.

Any state’s supreme court gets involved when there is a question as to whether the law that resulted in the case under appeal is constitutional.

Such a question can arise whether a law is passed through the normal process or by popular initiative. The people of California can vote whichever way they want on gay marriage, but their choice still has to be in accordance with the state constitution.

“Interfere” all you want, your honors: you’re all that’s keeping the fanatics from running roughshod over our rights.

If people who believe a vote on restricting Gays and Lesbians from being able to marry should remain legal then they should be willing to accept the same kind of vote on the following:

Mormonism should become a criminal organization as has been established their founder was a con artist and theif as well as their beliefs falling well outside other main stream type religions.

My point is most constitutions are in place to protect a minority from the majority as voting only expresses the flavour of the day and are subject to change as societies progress.

Since Mormonism is definitely a minority and frowned on even by many of the so called Evangelicals it just might be quite possible a future vote like mentioned above could be passed by the electorate. Then I guess you could safely say the shoe is now on the other foot.

This IS America correct? If we have no law, it’s “free will”. I’m sure I read on some paper about “legal rights for all??? Maybe it was on a bathroom door? Anyway, let the legal process flow!

Definitely, YES! The measure and side step along with truly misleading interpretation of #8. Along with the interference of ALL religious groups should have their tax exemption revoke, as separation of church and government should stand firm. If this is the case, then interracial marriage should be revoke, Mormons should not be allow to have more than one wife, KKK and other White Supremacists group should be disband and place in prison for hate crimes and put to death, along with any/all other groups that preach/media on hatred and lies against others.

This just proves that America is still filled with those, Religious Groups, who sow and breed hatred against others.

Those of us who believe in God, knows that God shuns those who preach and act out of hatred! Jesus lives only in the hearts of those who love, not hate!

Prop. 8 limits the constitutional and civil rights of a class of people. I hope the CA Supreme Court will bounce it and if not them, the US Supreme Court.

Don’t we have better things to worry about than how people love each other?

They may need to get involved in the end because what is one to do about all of the gay marriages that were approved? It’s one thing to ban it all together but what of the people who already got married? Is their marriage already absolved? They may need to weigh in on at least that.

Yes the Courts should step up and say one thing. There is a separation of Church and State, keep out of it. When it comes to abstract beliefs and other “invisible friends” the State has no business interfering. Thank God I’m an atheist!

Being a resident north of that state, I wonder how many people will come to Oregon to get married?

I don’t mind anybody getting married to anybody else. After all, we’re talking about two PEOPLE (emphasis mine) who are entering a mutual agreement, not two people and their community all getting married.

Besides, in a marriage between two men, it’d be nice to see the guy getting the house in a divorce.. for a change, of course.

The people of California have spoken. They DO NOT want gays to have the right to marry. Is this not a democracy? Why is the will of the majority of the people trying to be pushed aside?

Only those who do not believe in the Constitution of the United States would be offended if this law is overturned. The very same Constitution protects your right to live another lifestyle. How would you feel if you were in the minority, and a law was passed against marriage between men, and women? While we are on the subject to those of you who believe in right to life should come to my home, and talk to me, and my mate. She was just sent home from the hospital with cancer, because we were unable to pay for services that she needs. Doesn’t she have a right to life also?

I think that the Supreme Court should step in a ban it across the board (every state). While I know people who are gay, it not right and marriage should only be between a man and woman. While we all came from a man and a woman. I do not see how anyone feel it’s okay to change the meaning. If they choose to live together as a couple, they should have the common law stipulations of a relationship, but nothing should be put in writing that a man can marry a man or a woman can marry a woman.

yes. since the Mormon’s and the Catholic church’s illegally sent money to get this through.. this wasn’t fair. it was underhanded .–typical for the church trying to get through their agenda. and they keep saying gays have an agenda–LOL.all they want are equal rights

Hi Jack,
Because there was a lot of outside funding and interference(particularly from the Morman Church) in the passage of the Proposition, the California Supreme Court has not only the right, but an obligation to evaluate the ban on gay marriage. Their job is to interpret the law so that there is no discrimination again any American.

Whatever it takes, until there is actually equal rights and justice for all.
For All. I thought this was America

A vote was taken and the people spoke a resounding NO. The court should stay out of it. I think homosexuals should have certain basic rights that the rest of us enjoy including the right to divorce court. Call it marriage or civil union makes no difference to me. Help a starving lawyer make his next house payment, legalize something that would let these people share love and maybe misery.

Gay or not, they are human. Leave them be and let them love who they love, and marry who they choose. Who are we to interfere in the lives of people we’ve never met, never will meet, and will never interact with them, ever? Let them live their lives as they choose.

Jack
There are more serious issues in California for the prople to be concerned about.

Suppose the voters in California passed a law banning inter-racial marriage, should the courts be involved? Absolutely, it’s the court’s job is to interpret the constitution and eliminate discrimination. Just because some people…even a majority….disagree with the courts interpretation, passing a law won’t make the issue go away. Their only option is to amend the California constitution to exclude everyone that has a life style that they don’t agree with.

Why was it ever put on a ballot in the first place - it seems to me that you are discriminating against a minority group of people; most of the people didn’t want the bailout to the financial industry but the Government didn’t care what the majority said (they knew the majority would vote against it) - they still proceeded to go ahead; so having said that, I am quite sure that California can ignore the Ban as well.

Audrey
Vancouver Island

Gays in California pay taxes just like everyone else, they should be allowed to marry if they want, it’s nobodies business what goes on in their bedrooms! Maybe the Gay’s in California should STOP paying taxes, then see what the hater’s say.

Intolerance is intolerance.
For those who oppose gay lifestyle/abortion, abstain, however allow other adults their choice.

Yes, the courts should clarify. It’s not a matter of the courts overturning the people, but because Prop. 8 takes away rights, so it’s a very gray area. Some major clarification is needed and the fate of the marriages that have already taken place need to be decided and this is a great example of why we shouldn’t legislate morality. Hopefully, people aren’t stripped of their marriage vows by the courts or the government.

I think the Californians should be able to marry a goat if they desire..I moved away from there for this very reason. They are always stirring the pot…

The people in California had their say. Courts stay out of it. This is just more lawyer “fodder’ like most of the “issues” being pursed these days. We have way too many lawyers in this country trying to make a living off of the people. Enough already about this marriage issue. Let’s get on to things that will keep this country going or all the “issues” will be moot -as we sink into oblivion.

Jack, I am quite torn about this issue. In my heart of hearts, I think gays should be able to marry anyone they darn well please just as I do. But, I also believe in the rule of law implicitly. The California voters spoke and said “No”. I really guess it boils down to the question: Is marriage a civil right? That should be a fun one for the Supreme Court to hear!

Of course they should. Unless being gay is a crime or somehow negatively impacts others. If the government was smart, they would eliminate the word “Marriage” from the law and replace it with “civil union”. Then if you wanted to file income taxes together and be protected as a couple legally you would enter into a civil union. “Marriage” is a religious term and should be confined to churches.

My idea is that constitutions are in place to protect the people from the people which I take to mean not letting a majority of people vote to limit or take away rights from any minority.

It is a very slippery slope if states or nations adopt policies contrary to protections enshrined into the constitution. Freedom from persecution and discrimination should be a Federal matter and not subject to the whim of state politics.

who cares…California is one unto itself

This is why our country is in the state it is in. Too many liberals making the decisions. Our country was based on the majority rule theory. Our fore fathers must be turning in their graves because of people like you.

The Bill of Rights was given to us to protect the rights of the minority “FROM” the majority! You NEVER want to put someone’s civil rights to a popularity contest vote as was done by the Mormons in California. There are regions of this country right now who would vote to re-institute SLAVERY if it were put to them in a vote. This is why this Calif. proposition should never have been put before the public. The courts MUST repeal this measure!

The courts have an impied duty to protect the rights of a minority from descrimination by the majority. Civil rights are based on this as proven in the 1950s and 1960s. “Jim Crow” laws existed and were supported by both a “majority” and many churches in certain states. That did not make them right or proper. I personaly don’t know if marrage is considered a “civil right” in the same way as “equal pay” or “equal education” , but I certainly wouldn’t say that it isn’t either…

Oh please, most gay people choose to gay, stop whining and get over it

The courts should stay out!!

Democracy is abiding by the will of majority.

If marriage is so sacred to those who want to deny it to others then divorce should be abolished.

Same-sex unions are a civil right, the same as interracial marriage, and cannot be stripped away by a vote that represents the tyranny of the majority, any more than a majority vote of the people in 1964 could have stripped away racial civil rights. The courts are the proper place to affirm this basic premise.

The ban should never have been put on the ballot to begin with. We thought this country was one in which ALL citizens have, or are supposed to have equal rights anyway. Same goes for this stupid state of Arizona.

To Kel in Auburn, AL … “Gays were never lynched, beaten, or denied the right to vote because of their sexual orientation.”

Really…? I beg to differ… Ever heard of Matthew Shephard?

The argument that the voters can not change the state constitution in a significant way is insane. The issue really belongs in the US Supreme Court as a Constitutional challenge. Ultimately it will come down as a state’s rights issue unless the 9 wise ones say that sexual orientation is the same as color and gender so far as the Constitution is concerned. Then we’ll see a movement for an ammendment spelling it out.

In my opinion, our courts should not have the right to overturn any valid election or rightful and legal issued decided by the electorate.

yes the courts should step in just like with civil rights for blacks in the 1960’s. discrimination is discrimination and is WRONG in America.

and for those that say “majority rule”, remember that southern whites were overwhelmingly for segregation. the main reason for the courts in America is to PREVENT the “Tyranny of the Majority”.

We’re dealing with a constitutionality issue here. The problem is that we have always assumed that marriage was between a man and a woman, and there was no reason to assume otherwise.

Only the courts can decide if this assumtion is correct.

Of course society is not ready for gay marriages, so they are most likely to vote against it.

But this is not a pure democracy. It’s a republic, or a nation of laws. That’s why the courts are the only ones that should decide this issue.

Like stated above, the courts are the appropriate arena to eventually resolve this issue. It’s beyond the expertise of us “common folks”. That’s what the courts and the system is there for. I just wonder where were the supporters of gay marriage BEFORE voting day. There were Yes advocates on the streets here in my city for days before Nov 4th. The measure passed by a small margin. The outcome might have been different if more discussion and/or coverage had been received providing voters with facts, in my opinion.

Jack
Marriage should not be sactioned by the government. Marriage is a covenant with God. Why does our government license marriage?

It depends on whether legal marriage is a civil right. Maybe we should take a majority vote on that, too…Of course it is up to the courts to interpret the constitution regarding rights.

Jack,
It is sad to say that selective segregation is still high on America’s list of known infractions against it’s citizens. Same-sex tax-paying couples deserve the same rights and legalities as everyone else in a marriage union. I don’t buy into the opinion that somehow my marriage to my wife would not be worth as much if Joey and Tom were to get hitched or if Sara and Lisa were to elope. I say let the gays be just as happy or miserable as everyone else and let them marry!

i live in california and agree with the recent law that was passed by the majority and believe majority should be the rule. if the gay people don’t like it they should move to somewhere where gay marriage is legal.i also believe the courts should stay out of this matter

Absolutely! Any time rights are taken away from one group, we should all be upset, no matter what our beliefs. Most of this country didn’t even get upset or care that Bush/Cheney took away the right of habeus corpus. When you start nibbling away a little at a time at civil or human rights, pretty soon all of them are gone. Stop trying to enforce personal beliefs on everyone else. (By the way, I am a 64-yr. old, straight, female.)

Yes

The will of the large majority of the California voters should not be overturned by activist judges who are not even elected! The people of California have spoken TWICE; there’s no way tyrannical judges should be allowed to over rule the will of the people. By the way, NO WHERE in the US Constitution does it guarantee the right of homosexuals to marry!!

Jack:

It would be nice if courts could ignore some laws but they wouldn’t be
doing the job they get paid to do.
The California Supreme Court has no choice but to make a
determination on whether or not the new law is constitutional.
There really is no such thing as an activist judge. It’s just a tag by someone that didn’t get the ruling that they wanted.

After prop 8 passed there have been multiple demonstrations and that shows that many Californians are upset with this decision so I feel that the California Supreme Court needs to address this issue once again.

With some of the thinking here, it is a wonder that women and people of color ever were allowed to vote. If we leave everything to what the majority wants, we are going to be in sad shape. Courts are there to decide on the rights of the people, even if those people happen to be a part of a minority.

The courts have a right to determine if the ban is Constitutional under the CA Constitution. The Courts have no right over-turn legislation for other cause expect if the law is unclear.

The courts have a right to determine if the ban is Constitutional under the CA Constitution. The Courts have no right over-turn legislation for other cause expect if the law is unclear.

Wrong again - Not a duplicate

The voters decided. It’s over. Move on.

Of course the California Supreme Court should intervene. Our brief American history is replete with Court rulings that have righted the wrong of exclusion. If not for our highest courts in the land, we would still have slavery, non-voting women, children in factories, and on and on and on. Every generation, bless their American hearts, finds a way to overturn one more stupid tradition against people’s rights. For this generation, it just happens to be gay rights. If you want to be on the right side of history, stop fighting the principles of gay marriage and be proud that Americans never get tired of flexing their youthful muscles of democracy.

NO No NO and further NO!!

As an African-American, I can sympathize. I think everyone should have the same rights. It’s not fair to force your beliefs onto others. The only reason this was voted down is because of people’s religious beliefs. The 3 major religions preach against homosexuality. Religion has been used throughout history to oppress a group of people, Jews, African-Americans, women. It’s time to separate Church from state and come into the 21th century.

As a heterosexual woman who has been married 35 years, I fail to understand how allowing my gay neighbors to marry will in any way diminish the institution of marriage. How anyone can vote to take away rights in this manner is beyond me. Yes, the California Supreme Court should get involved and review the measure. I hope they overturn it.

Yes, the courts should intervene. In fact they should throw out the vote because mainly the money to get this passed came from out of state. That should be prohibited. Also, according to some reports the vote to insert that language into the constitution was illegal. Only two-thirds of their legislature can make adjustments to their state constitution.

So yes, this needs to be looked into, thrown out and these folk left alone. People are out of work, losing homes and in need of healthcare. That is where their attention is needed.

Yes they should but they won’t. They should if they believe in the Constitution but they don’t because they overturned it last time which was against the will of the people.

I think they have to.
The propositiion was passed because of the most negative campaign I have ever seen. It was filled with lies and deception
Because of the involvment of the Morman and Catholic churches into politics they should have their tax exempt status removed.
I am straight but I think gays should have the same rights and suffer like us straights.

California should be it’s own country so it’s left wing radical judiciary couldn’t set precedence on matters like this for the rest of us. I honestly don’t have a dog in this fight and could care less who marries whom. I just resent the fact that any fringe group that wants to circumvent the legislative processes can find some judge in California willing to make or change law by decree.

Yes, let it go to the US Supreme Court to be resolved foor good.

Striping peoples rights should not be up for a vote. I hope the court overturns….

Lived in California, not Gay. However, they should be allowed to do whatever they want to do. They are grown adults. The last thing I’d want is anyone telling me how to govern my life. They aren’t hurting anyone, and they certainly aren’t bothering anyone. Let them have their lives.

Keep the courts out of it. The people have already spoken!

Yes. These amendments and propositions that are put on state ballots to change comstitutions are becoming ridiculous. Most voters have not idea about the nuances that are invloved, so they are voting on subjects way over their heads.

No. it is the court that approved the marraiges to begin with, and the court was correct. This is a separation of church and state issue, and it is the churches that supported this removal of civil rights. The churches shall dictate nothing in this country. It is religous interference that has helped create our national mess. Now back to the real issues………..

Hopefully, the California courts will overturn the ban on gay marriage. The resounding Republican defeat on November 4th is an indication that most Americans would like to leave gay marriage and abortion choice up to those people who are directly involved. Neither of these issues are anyone else’s business, and should certainly not be a matter of law. A frequently seen bumper sticker in Colorado says it all: “Focus on Your Own Damn Family”.

Unfortunately, those that want same sex marriage are pushing the courts to overturn what was finalized in the election. The protests are not exactly quiet and they do have the right to protest. They do not have the right to push their opinions down other people’s throats who believe that marriage is between a man and woman. They also do not have the right to go after churches. There needs to be some control in this matter and it doesn’t seem to be happening.

My goodness, why not live and let live people? Being Canadian and living in Toronto is so different to the American experience. Gay marriage is legal here and it really is a good thing for gays/lesbians to freely express themselves - they are PEOPLE too!!

I don’t care if gays get married, just don’t preach it to my children.

Everyone should stay out of other peoples business. If two consenting adults want to get married more power to them. No one and I mean no one should have the right to stop them. How do 2 people of the same sex getting married affect me? It doesn’t and it shouldn’t affect anyone else. The fact that Prop 8 even got put on the ballet should be considered an insult to every free person! How dare someone try to legislate private individuals’ lives! I’m shocked at some of the other posts. Why do so many people have a hang up with gay people?

The PEOPLE voted. They voted that the term “marriage” represents the legal bond between a man and a woman. Judges who are appointed should not be allowed to overthrow the will of THE PEOPLE. This is America, not communist China or Russia. In this country the majority rules. Or at least that’s what I was taught many years ago is school. Have I missed something?

I think the court should jump in and pass a law that gives gays back their right to marry. I really do not know what the big deal is? What is the difference whether gays lived together with a ring on their finger or not? Some people consider it a sin for two people of the same sex to marry. If they are right then god will punish them not me, I live in a glass house. Gay marriage isn’t what California should be concentrating or spending their money on right now. They are on the verge of going bankrupt.

The courts should interfere. Bigotry is so 20th century.

These amendments in California, Florida, and whatever other states had similar ones are violations of the federal law of Separation of Church and state because marriage based on just a man and a woman comes from the Christian Bible and has no place in our state laws and for good reason. I do not support gay marriage myself. What matters is that they have the same tax and insurance rights as anybody else. We screwed up a long time ago regarding marriage laws and the whole thing needs to be reworked.

Jack,
Well that’s why we have a U.S. Supreme Court for cases such where the state courts cannot resolve issues such as this. But I believe that this decision should be decided by people of California in which they have spoken. I really see no reason why the state has to get involved now especially since the citizens of California have voted on this. With all do respect to the gays and lesbians as to each their own, but this makes no sense to drag the U.S. Supreme Court in. There is just too much other things that is on their agenda than this.

Daniel,
Atlanta, GA

Jack;

First of all I’m 100% against Gay Marriage, but I believe on a fair trial. If Gays were able to marry before, and were somehow banned from being married, then the Supreme Court should interfere and decide what the majority of Californians want. As for us here in Philadelphia, we are fine without Gay Marriage and hope this subject never comes our way.

YES! I’ll never understand why anyone who is secure with their own sexuality would be threatened by a same sex couple who wants to get married. It’s just mind boggling why opponents spew so much anger and hate. It’s shameful and certainly NOT Christian.

ALL citizens of this country should have the same basic rights. Period.

California has wild fires, mud slides, earthquakes, a govenor asking the feds for a bail-out… and they are still debating the definition of ‘marriage’.

There are too many lawyers looking for work, so send ‘em to California to draft legislation for every conceivable place the word ‘marriage or married’ is used, change it to ‘union’ and send to the state house for passage, then for a vote. Keep ‘em busy for a couple of years.

Had integrated schools been put to an initiative it probably would not have passed. It took the Supreme Court and Brown v Board of Education (and federal troops) to make it happen. I respect the viewpoint that this issue is not based on skin color which is easy to see. And yet, being gay is shown to be more biological than a personal choice. It will take a court order to allow gay marriage to be accepted throughout the country. Personally, I wish church and state were separate. The state would issue civil union licenses to all, and couples who want to, can be married in a church.

Jack,

Absolutely the California Supreme Court should hear arguments regarding Prop. 8! This is a Civil rights issue, plain and simple. Prop. 8 allows one group of people to discriminate against another for no other reason than they are different. I dont imagine we would be having this debate if Prop 8 had read that Black people shouldnt be allowed to marry, people wouldnt have allowed it in that context because it would be racist….also a civil rights issue. The constitution precludes discrimination, for any reason, and so the supporters of Prop 8 need to understand that even though the majority of people in California agree with them, Prop 8 is not something they can do because it is unconstitutional.

I have been married for almost 43 years and do not class gays as married people. Call it a UNION ,they are not a man and a woman which is marriage.
Like common-law living ,they are also not classed as married , they are living togather.
Leave the rite of marriage to a man and a woman who get a licence and go before God and pledge their vows ,as it has been for years and years.

Call it anything but a Marriage.
” JOINED AT THE HIP” sounds good.

I hope that they take it all the way to the United States Supreme Court. What part of Equal Protection Uder the Law don’t they understand? Anyone who is really into their religious doctrine knows that God is the ONLY one who will judge if it is wrong or right. In fact, as a Christian myself, the Bible says it is a sin to judge others. Running people’s lives on other people’s emotions is sick.

Yes. If we continue to allow the religous right to dictate to the ignorant masses what our civil rights should be, we will eventually go back to burning witches at the stake while believing that the earth is flat. What’s next, the inquisitions.

Of course the courts should interfere. When you have the Mormon and Catholic churches working behind the scenes on a full scale assault on the civil rights of our citizens, it does not bode well for any of us. Our founding fathers were right to separate church & state.

It is simply a separation of church and state issue.

It’s the state voters decision! Court decisions are to uphold those who vote in that law right ?

If majority ruled, we would still have segregation in the South, AA and white people could not marry, we would still have two water fountains and four bathrooms. This is an equal rights issue, and it should never have gone for a vote, because equal rights are for everyone, not just the majority. I believe it should go to the US Supreme Court, and let’s get this settled once and for all. A gay person wanting to get married is not going to change the value of a heterosexual marriage. They just want the same benefits that straight people want. There are tax benefits, inheritance rights, etc. that gay “civil unions” do not get. Gay relationships are a fact of life. Just because they can’t get married doesn’t mean people don’t know about them. And I am a 56 year old straight divorced woman in Iowa, and I was shocked to see that California couldn’t get a “no” on Prop 8.

I truly believe that the right to get married is a civil right and as such no one in this ‘land of the free’ should be denied his civil rights. So it is my belief that the voters in California voted wrongly on this topic. Imagine if slavery and female suffrage and segregation were put to a popular vote. Are we really ready to risk putting gay marriage to a popular vote in each state? It would be pandemonium, and as far as I am concerned every effort to overturn this proposition should be made.

No! Gays lost the vote, morality won. So suck it up and move on.

Jack , It should ; but probably won’t

The California Supreme Court needs to interpret the Constitution of the state of California..not make or repeal laws. The people have voted on a proposal and the majority has spoken. Gays must have been shocked. They probably thought they were the majority, guess not.

I was against proposition 8 because I thought denying certain people their civil rights was wrong. That being said,the majority has spoken and the Supreme court should stay out of it. If the anti-8 supporters don’t like the results they need to have the matter put to the voters again.

It appears we took a leap forward with the election of Barack Obama, and at the same time we take a step backwards. It will not take anything from strights, to let gay people have equal rights.

NO. The courts and government sticks their noses in everything else. Why not this.

If the state laws interfere with the basic civil rights that the rest of the country enjoys, they should. Discrimination is not just a black issue, or a womans issue.

No they should not stay out of it. They should let everyone know that this is a Democracy and as such majority rules. The people of California and also other states ie. Florida have voted and the will of the people is the basis for our Democracy. What kind of message is sent when a Court over turns the will of the people? What does that say about the importance of my vote? I believe we should put this to a national vote and follow the will of the people no matter the outcome. This is not a civil rights issue, it is a morality issue.

No, the court should intervene. The “majority rule” argument doesn’t wash and the arguments are one of fear, not reason. The “majority” did not want equal civil rights for Blacks, nor have the “majority” ever wanted real change when it is necessary and right. Don’t forget how violent things got for Blacks before the rest of the country began to even see an issue. Extreme violence should not be the standard for the need for change.

I am confused. Is gay marriage a religious issue or a government issue. Since there is legislature about it then they definitely have the right to intervene. If it is a religious issue then they should stay out of it and there never should have been legislature about it to begin with. I’m in awe of how people use religion in this argument, when this country was founded with the theory that religion and state should be seperated.

The California Supreme Court has a responsibility to step in if someone brings a case to trial questioning the ban’s constitutionality. Just because a ban is passed doesn’t make it lawful. If the majority of Californians strongly feel a ban should be imposed, then they need to amend their Constitution.

Absolutely not ! It is the job of the California Supreme Court to protect the constitutional rights of ALL Californians. Bigots can no longer be allowed to deprive other Americans of our rights by bypassing the Judiciarys’ rulings by putting civil rights issues up for a vote as they did with Proposition 8. How would black people or women feel if those same bigots decided tomorrow that they want to take away their right to vote by holding an election? It’s the same thing. Californians were granted the right to marry, many did marry, and then their rights were revoked.
Brownwood, Texas

yes yes yes! courts are there to protect minority rights against majority discrimination. this is why we have courts.

Absolutely the courts should interfere. I can’t think of one legal argument I could make in a court room against gay marriage, aside from– “ooh that’s gross,” or “yuck”. Besides this was already something that was legalized and many took advantage of it. It is unfair, and unjust to strip this away from gays now.

From what I have been hearing, there was a lot of confusion on this bill that was voted on. Maybe something could be worked out where it isn’t really a marraige, but that they will get all the rights married people enjoy - being able to adopt, if one passes away, the other can enjoy the fruits of both their labors without some family member coming in and taking it away without recourse. Having a say, when one of them is terminally ill, what the wishes of the other was, without interference. I know someone who has been in a relationship for over twenty-five years and are happier than a lot of straights.

Yes! This passed based on a religious belief, supported with money from the Mormon church! There is no reason why two people should not be allowed the same rights as others. The fact they are the same sex should not make a difference. What’s next, overweight people won’t have the right to eat in public?

The courts need to get involved. Here in FL we put everything into the state constitution, including how big a cage to hold your pigs in. The only way to stop this idiocy is in the courts. People can be too easily mislead by media.

Look, marriage is between 1 man and 1 women….unless you are a member of the FLDS which would be 1 man and any number of women. Or you were married in the south before 1968…1 white man and 1 white woman. Or you were married in MA or CT…anything goes. Or you’re a Catholic priest…no marriage allowed. There is no true definition of marriage. Every religion, every state, every country has a different definition. For one group to force it’s beliefs on everyone else is not majority rule….it’s mob rule. Of course the courts should get involved….they have to get involved.

Whenever there is an interpretation of the constitution, either Federal or State, the courts should be the ones who decipher peoples rights, human prejudice by a majority of persons should not be a deciding factor.

If someone feels their rights are being violated I don’t think the courts have a choice.

L.M.,Arizona

It is the responsibility of the courts to keep the minority from being oppressed by the will of the majority. californians have created themselves a fine mess on so many levels. Ignoring the fact that a ban on marriage is a throwback to Plessy v. Ferguson– who put the California Supreme Court in office after all… And what of the couples already married? Retrograde justification is a cardinal sin of justice in my book.

Jack:

We live in what we would like to believe is the freest country in the world and yet we persist in marginalizing our own people and depriving them of basic human rights. Somehow we’ve got to find a way to stop targeting one another and start recognizing that our country was founded on the principles of justice and fairness. If it takes the Supreme Court to ensure those rights, the sooner the better.

perhaps we should all pause and look inside of ourselves and ask who are those who belive they have rights to judge and adjudicate our free will and souls? the founding fathers knew this and wrote it in the Declaration of Independence perhaps we all need to read it, most have no idea what it says.

Of course the courts should interfere. If this was not a function of courts, would we have had civil rights for anyone? We have equal rights for everyone in this country, even if a majority wouldn’t agree. Right wing nut cases may not understand that or may not want to but it is how it works, how it should and ultimately how it will be. I would feel the same if everyone in california wanted to ruin families with bedroom activites they don’t like … it would still be wrong.

Only one constitutional ammendment ever passed to restrict personal freedoms, prohibition. It was also the only one to be reversed.

Jack: The majority of Californians have spoken with their votes. The courts should not get involved with this issue. The federal courts should stay out of it also.

John
Alabama

Jack–
The Mormon Church saw fit to interfere in California’s business and helped to overturn rights that were already on the books. If a church can “interfere” then the courts certainly should. What happened in California is a good example of religion crossing the line into state affairs. Why do some churches think that they have the right to call the moral shots for the rest of us? I am tired of the arrogance or the Mormons, the Catholics, and the Evangelicals. They aren’t the only Americans who know what’s right and what’s wrong.

Troy, Ohio

It’s important that California Supreme Court looks at this Proposition and how it affects the rights of gay people and, more to the point, whether it conflicts with the Constitution or Federal Laws. I am not gay but I personal feel that this infringes on their rights and I don’t agree with it, but it’s now upto the court to look at it and decide.

No, this is too important. We cannot discriminate against a group of people, because the majority is in favor of it. We cannot allow the majority to take equal rights away from any minority.

Allen
Mountain Home ID

Yes, the State should get involved. This is about civil rights not religion. Jack, if we are going to hold the Bible up as a written law that is to govern the people, then we are all doomed. According to the sins and penalties as defined in the good book we wouldn’t have many people left in this nation.

Jack,
No…the courts are the final testing ground…this is a tradition and traditions die slowly.

In the end…what is legitimate under the constitiution will prevail–just as our founding fathers intended.

Due process–is everyones right.

Just like Gays in the Military, a few years from now it’ll be the norm.
It just needs some getting used to.
Marjorie
NY

Yes they should. The people have voted and that is final. If a judge can always overturn a vote, why have a vote. They are all already treated equal. Everyone woman has the right to marry any guy they want and every man has the right to marry any woman he wants.

Its not a court issue. The majority of Californians decided not to let the minority force their rules on them. Case dismissed.

yes

The California Supreme Court is the highest court of the land until the case is filed into the uS Supreme Court as a federal question of civil rights.

The Californian Supreme Court must judge the constitutionality of the ban. If the moral majority feel so strongly about their anti-gay stance, then they need to amend California’s Constitution.

California voters have spoken why should that be overturned or ignored?

Legalized bigotry is never a good thing. How would the residents of California like it if they banned inter-racial marriages, inter-racial schools and ethnic mixing? Let’s say that we pass a law that says Catholic and Baptists are forbidden to marry, or Republicans and Democrats. Of all the problems facing our country it is ridiculuos to be wasting time on this. Let them marry and let’s move on.

What can the California courts do now? The constitution has been changed. Last I knew, the courts were obligated to uphold the law.

Jack - It is not a ban on gay marriages. It is an affirmation of what constitutes a marriage. The homosexual communities want to change the definition of the word marriage just as they did with a perfectly good word “gay.” If they want their partnerships recognized by government for tax or insurance issues they should change their tactics and focus and attack the real issue, recognition of a legal bond between two people but do not desecrate the word marriage.

Yes they should overturn it as they did the last unconstitutional measure. The proper procedure to amend the Constitution is to bring it up in the Legislature as a Constitutional Amendment and if it passes there by a 2/3 majority, THEN it goes to ballot and passes with a simple majority. This was not done in this or the past attempt to take these rights from minorities and the Supreme Court said so last time and will do it again, I hope.

Yes, the courts should interfere. The bottom line: IT’S DISCRIMINATION. It creates a separate set of laws for a portion of the population. I know President Bush has made swiss cheese out of the constitution, but does the following sound familiar?: “All men are created equal”, and “Liberty and justice for all”. ALL citizens of the USA are entitled to the same rights. It’s not about religion. It’s not about what one views as moral. It’s about basic, civil rights. It’s absolutely ridiculous that the majority is allowed to set the rules for a portion of the population. Years ago, the majority voted against interracial marriage and the courts stepped in because it was unconstitutional. The majority is not always right, as people often vote with their hearts, not their heads. The marriage of a same sex couple impacts nobody else, just like the marriage of a man and a woman impacts no others. The “sanctity of marriage” argument is a bunch of crap. 50% of marriages end in divorce, and there are broken homes all over the country. Perhaps a better word would be “sanctimonious”.

Prop 8 was a sad moment where Americans voted to take away rights from their friends, neighbors and relatives. Yes Prop 8 propoganda was funded by churches not based in California. I feel that the Supreme Court should re-legalize same sex marriage in California and put this to rest.

I also feel that every religious organization who funded Yes Prop 8 advertising should take their vast resources and devote it to people in need rather than promoting their social agendas. We have homeless, uninsured, and hungry Americans who could have benefited from those millions of dollars spent to advertise their position. Which is more important? Saving lives or stopping 2 people who aren’t interested in marrying you from marrying each other?

Jack;

I hate to disagree with many, but people have to stop comparing Black-to-white marriage and same sex marriage. Under the U.S. constitution all people are created equal regarless of the color of your skin, or sex. It is immoral not to allow a black person to marry the woman he loves, and it is also immoral to allow two people of the same sex to marry. If it becomes legal in the U.S. for Gays to marry, why not also make it legal for a brother to marry a sister, or a man to marry multiple women, or a fifteen year old to marry an adult,…It is just immoral.

If the courts stayed out of social issues, blacks and women wouldn’t be allowed to vote, and interracial marriages still wouldn’t be allowed. Seems to me the court system has gotten it in the past; why stop now?

I believe the courts need to get involved. We are a country supposedly of equal opportunity for all. When did it become OK for other people to decide what is right for others? People deserve to be able to keep their personal decisions personal. Our country has become so divisive because some people just can’t mind their own business.

Jack, lets face it, the vote means nothing in this nation as long as the courts can go around it. I am not in favor of any form of discrimination, but I also believe in government of, by and for the people, not the courts.

No! The California supreme court needs to get involved even more. This is more than same sex marriages. It is about rights of two people in a relationship. I’m surprised that the people in California are so intolerant of something different. This all goes back to the Christian right and their power over this country for the last 8 years.

The courts exist to protect minorites fromt the tyranny of the majority. The Brown vs Board of Education ruling was widely unpopular at the time.

The religous shouldn’t act so “righteous”. Its not like gay marriage meant you could ONLY marry your own sex.

When people are so steeped in their own beliefs and fears,that they seek to deprive their neighbors of the same rights they have, then Big Brother is forced to break up the fight before someone gets a bloody nose. I find it a very sad comment on the times when the US has just elected a historic President, that we cannot step over this threshold, once and for all .

The court should affirm that all people have the same basic rights and no church funded initiative should be able to take it away.

I think we should eliminate all tax deductions for religious contributions and let them spend their own money trying to tell other people how to live.

I think the bigger question is what are we going to do about the economic depression we are facing?

I’m not homophobic like so many people in this nation. And I’m not gay.

I don’t live in California so I don’t care what they decide. The majority seem to be imposing their rules on the minority. Will it never end?

Obama will be appointing some new justices and turn the US Supreme Court to 6 or more liberal. Domestic Partner Laws and Rights will be passed. This is headed to a new US Supreme Court down the road. Gay lifestyles and the # of gay people in America and around the world is on the rise. Id guess by the time, 2012 comes around 30% of voters will be gay or sympathetic to the rights of gay people.

Hard to ignore!

No. This IS a civil rights issue. The rights of a minority are being stomped on and this needs to be corrected. Should the US Supreme Court have remained silent about Brown vs The Board of Education or Roe V Wade. Not in the least. They intervened and set right a case of discrimination. We are the country of civil rights and we should be proud to be the leader of the world in civil rights. All people have rights and they should be equal rights.

No. They should restore the rights that the gay couples had before they were taken away by the passage of Prop 8. If some people don’t want to “redefine” marriage, it should go back to the days where women were stoned to death for having affairs, women should be treated as property, and whatever ELSE the bible says.

Most certainly the supreme court needs to get involved. Someone has to protect the laws of our constitution which clearly staes that we are entitled to a separation of church and state. This law clearly violates the constitution and needs to be upturned. Being a straight family man, I am not influenced by gay rights. But I am concerned about human rights. Obviously not all christians are.

This is a hard one Jack. Since the voters ruled, then I guess it should stand. I do think they should be able to enter into a union though.
I don’t believe in their ways, but they need to have the right to speak, have insurance etc. with their partner. I also think the Religious Right have to much to say for the GOP, in elections. I am a Christian, but people have to make their own mistakes and God will deal with it.

We have a system of checks and balances.
If the electorate wants to vote homophobia and hate into the constitution, we thankfully have a way to prevent the tyranny of an ignorant majority.

Rich Green
San Clemente, Cal.