Attorney General Jerry Brown asks California Supreme Court to void gay-marriage ban »

Posted By ybdogsct 11 months, 1 week ago in News

California Atty. Gen. Jerry Brown asked the state Supreme Court on Friday to invalidate the voter-approved ban on gay marriage, declaring that:

"the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification. There are certain rights that are not to be subject to popular votes, otherwise they are not fundamental rights. IIf every fundamental liberty can be stripped away by a majority vote, then it's not a fundamental liberty."

"Rights secured under the state Constitution's safeguard of liberty as an 'inalienable' right may not intentionally be withdrawn from a class of persons by an initiative amendment. Voters are allowed to amend other parts of the Constitution by majority vote, but to use the ballot box to take away an <b> 'inalienable' </b> right would establish a 'tyranny of the majority,' which the Constitution was designed, in part, to prevent."

Brown argued that Proposition 8 was not written to be retroactive and that the marriages should remain valid. Protect Marriage argued that no same-sex marriages should any longer be recognized.

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  • 77%
    rightfromwrong11 months, 1 week ago

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    give gays equal rights...life would be a complete bore without them and most of all crime where it be abuse, rape theft or murder is done by the so called heterosexuals

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    ybdogsct11 months, 1 week ago

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    It will be interesting to see how this plays out.

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  • 96%
    not2needy11 months, 1 week ago

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    Gays should be allowed to live, love, work, marry and have all the rights anyone else does, and should never have been allowed to become a "majority vote" issue at all! I have worked with many gay people, became good friends with several of them, and still keep in touch with them today. They provide invaluable services to this country, and need to be left alone.

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  • 95%
    not2needy11 months, 1 week ago

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    My comments are disappearing AGAIN! Also, i have propped this article a dozen times, and i am not shown as one of the people propping this article either.. Guess i am going to have to go into exile again!
    That said, Gays deserve the same rights as the rest of us, they work and pay their taxes the same as everyone else does. Discrimination in any form is wrong.

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    reidgator11 months, 1 week ago

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    Responding to Eagle-Eye's post below (Propeller will not let me respond directly ???)

    Your logic makes no sense!!!

    Just WHO decides just what those "certain rights" are? If the right is not stated in the Constitution (US or California), then that right is not protected by the Constitution! If you rely on the Supreme Court to "infer" such a right, then, we are no longer a nation governed by laws, but a nation governed by men. We have effectively replaced the British crown with a panel of "kings & queens", each appointed for life. If they get to decide which rights we do have, then they essentially control all of the laws. Our legislative branches have become impotent, or at least subserviant to the courts. What happened to the balance of power between the three branches?

    When the CA Supreme Court struck down the first gay marriage ban, one of the judges who dissented warned the others that they exerting an authority that they did not have. And she was right.

    The fact is: the POWER rests with the PEOPLE!!! And the PEOPLE SPOKE!!
    Are you really so stupid as to claim that the people can not decide the policies that guide their state or country?

    Besides, as much as we want to protect the minority from the "tyranny of the majority", what about protecting the majority from the "tyranny of the minority"! In fact, if you look through the 20th century, EVERY single case of genocide and oppression was from a MINORITY ramming their agenda down the throats of the majority, using fear, violence, and intimidation to maintain power. So who should we really be afraid of???

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  • 92%
    Eagle_Eye11 months, 1 week ago

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    "There are certain rights that are not to be subject to popular votes, otherwise they are not fundamental rights. If every fundamental liberty can be stripped away by a majority vote, then it's not a fundamental liberty."

    I agree with him it will be interesting how the Supreme Court will decide with this argument.

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    • 57%
      cowboygrandpa11 months, 1 week ago

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      Jerry Brown who personally supports same sex marriage...

      Again we have the politicians not listening to the peoples' voices but going with their own agenda !!!!

      Now some will say it is because he believes it is right, me I say politicians have a much deeper agenda. By backing those who don't support the amendment he is stripping away the voices of the people.

      He is the Attorney General for the State not just those he agrees with !!!!!

      He should be removed from office immediately for going against the voters wishes.

      This is the second time that CA has said no !!!!!!! And it is the second time the politicians and cours have tried to step in and say to the voters we don't care what you say !!!!! We are going to do what we want !!!!

      Right now the gay community is all for it,because it benefits them !!!

      But what will happen if someone else comes into power who absolutely will not even tolerate gay behavior ????

      Now, I have studied history enough to know that whatever one group take to the far left another comes in and swings to the far right.

      Just be sure ya understand that when you allow one to do it ya allow the opposite to do it as well.

      Don't be fooled by the hogwash of the unconstitutionality of the proposition !!!! This is a pure and simple power grab that has enough liberals behind it to allow Jerry Brown to do it !!!

      Don't you find it funny the Governor is for him doing this ????

      Look beyond the immediate "rewards" given to those who approve of this.

      Look at the far reaching possibilities of this. When we get an ultra conservative attorney general, will he then ban everything and use the same process that Brown did, will he go even farther and say that the consenting adults law is against what is acceptable to him and therefore is not acceptable to the State anymore ????

      All I'm saying is beware, when these politicians seem to bearing gifts it usually turns out to be for themselves or those who pay them for their gain.

      Doesn't Brown have ties with many legal friends who would prosper from all the business this would create for them ?????

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    • 89%
      ybdogsct11 months, 1 week ago

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      COWBOYGRANDPA :
      "He is the Attorney General for the State not just those he agrees with! He should be removed from office immediately for going against the voters wishes."

      You and I usually agree on most issues, but on this issue I must respectfully disagree. Allow me to make my points in as civil a tone as I can in the hopes that you will reciprocate with a likewise civil, dispassionate tone.

      Jerry Brown is essentially arguing that since Proposition 8 violates the Constitution and the Constitution is the supreme law of the land, Proposition 8 should be ruled unconstitutional under the Supremacy Clause, which states that no state law (even one passed by a majority of voters) can violate the Constitution. Also, Jerry Brown does not swear an oath to protect California's voters; he swears an oath to protect California and its Constitution, which is precisely why he thinks Proposition 8 should be voided -- because it violates the Constitution he has sworn an oath to protect.

      http://www.uslaw.com/us_law_dictionary/s/Supremacy...
      "Article VI, Clause 2 of the U.S. Constitution, commonly known as the Supremacy Clause, establishes the Constitution, Federal Statutes, and U.S. treaties as 'the supreme law of the land.' The Constitution is the highest form of law in the American legal system. State judges are required to uphold it, even if state laws or constitutions conflict with it. "

      Marbury v. Madison established the authority of the courts to declare a law unconstitutional if it conflicts with the Constitution.
      http://caselaw.lp.findlaw.com/scripts/getcase.pl?c...
      "Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void , and that courts, as well as other departments, are bound by that instrument. The rule must be discharged."

      http://yalelawjournal.org/images/pdfs/93.pdf
      http://memory.loc.gov/cgi-bin/ampage?collId=llfr=0...
      James Madison: "A law violating a constitution established by the people themselves, would be considered by the Judges as null & void .”

      The idea that the liberties and laws of the Constitution trumps even the vote of the majority is not a new one. In fact, there have been many instances where judges have overturned laws approved by a majority of voters.

      For example:
      http://www.msnbc.msn.com/id/26759466/from/ET/?gt1=...
      "A judge has decided a law banning sagging pants in this town is unconstitutional after a teenager spent a night in jail. Voters in Riviera Beach approved the law in March. A first offense for sagging pants carries a $150 fine or community service, and habitual offenders face the possibility of jail time."

      http://news.lp.findlaw.com/andrews/en/haz/20060622...
      "A Washington federal court has struck down a state law barring the federal government from sending radioactive waste to the Hanford Nuclear Reservation until all existing contamination at the site is removed. Judge Alan McDonald of the U.S. District Court for the Eastern District of Washington found the voter-approved Initiative 297 violated the U.S. Constitution's Supremacy Clause. The clause establishes the Constitution, federal statutes and U.S. treaties as 'the supreme law of the land,' and binds judges in every state by the documents."

      http://www.ssbb.com/article1.html
      "The voters of California enacted Proposition 187 to drive out undocumented aliens and to deter their entry by cutting them off from medical and other public services and depriving their children of an education. The statute was immediately attacked as unconstitutional in several lawsuits.

      Based on the judge's statement, the written decision/order, when issued in January, will find that much of the statute violates two of the provisions of the Constitution -- (1) the Supremacy Clause, by stepping on ground preempted by federal immigration law; and (2) the Fourteenth Amendment, first, by effectively ordering the deportation of California residents without hearings or other due process of law and, second, by denial of free education to undocumented children, that Amendment's Equal Protection clause."

      Like I said, we usually agree on most issues. On this particular issue, we happen to disagree, but I hope we can continue to discourse civilly and dispassionately anyway.

      Feel free to respond.

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    • 100%
      Eagle_Eye11 months, 1 week ago

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      Is it just me or is Propeller acting up???

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    • 32%
      CHAM11 months, 1 week ago

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      I have had various problems in the past and my problems finally stopped when I downloaded Firefox. If you are not using Firefox then I can assure you that you will have problems.

      To the Gay issue. Remember when Gay meant happy? Why not use the word Homosexual? Surely a Homosexual should not be ashamed of being labeled what they are.

      I don't care what they want to call themselves. It's OK with me. One of the problems of calling a Male-Male or Female - Female joining a marriage is that it changes the definition of marriage.

      Think it would be OK with the Homosexuals if we straights called our marriage something different?

      One thing for sure about Homosexuals. If they remain true to their "choice" they won't last very long. They won't be any Homosexuals left, that is if its really in the Genes as they claim. Sure will put a drain on that Gene pool. Why? Well let me explain - Let's start with a story I'll call "The Birds and The Bees".

      I have no problem with Homosexuals, as long as they don't demand that I become one, or if they don't demand that I accept their choice. I have no input on their choice.

      I don't think they should be able to adopt children. Why should they want to adopt children? They decided not to have their own progeny when they chose the Homosexual lifestyle.

      As to whether the Atty Gen. of Calif is refusing to uphold the law, and that's what he is doing, he should be impeached. It is not up to him to make law, it is his duty to enforce the law.

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    • 13%
      dissuper11 months, 1 week ago

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      Keep all these weird people miles away from me, and I mean a lot of miles. Like on a Island in the Red Sea.

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    • 87%
      CaptainLucid11 months, 1 week ago

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      Your logic is as stupid as you. Are gays trying to outlaw straight marriage or make you have a gay marriage? Exactly what are they ramming down on you? Gay rights to marriage and straight rights can coexist without any conflict. Banning gay marriage is an attempt to ram down your bigoted lifestyle at them and tell them how to live their life. What the F is wrong with people who spend so much money and time to make someone else unhappy by forcing their own hateful beliefs on others? You are a sick F*ck. By the way when you say same sex is abnormal you are again showing your massive ignorance of reality. If you knew anything about anthropology or primate behavior you wouldn't be saying crap.

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      • 17%
        mel460011 months, 1 week ago

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        Why was there a vote on it if they are going to ram a gay life style at us? The gays need to get over it, same sex is abnormal!

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      • 24%
        davchff11 months, 1 week ago

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        Jerry Brown is a ass..He was a a govenor too. If he doesn't follow the law, his butt should be tossed out like the rest of us would be. Paying state taxes is law..does this mean we can tell them to shove it too ?

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      • 29%
        fh193911 months, 1 week ago

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        This so called (gay) issue has a nice name now meaning happy in the dictionary. In reality it is sodomy and an unnatural act of the same sexes.If Jerry Brown tries to please these sikos he and the Judges should be recalled like Gray Davis and the head of the Ca. Supreme court Rose Bird.Throw them out of office. They are our servants and should follow the rules of the last election. Meaning no same sex mariage:

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      • 31%
        jmccsilver11 months, 1 week ago

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        Sounds like Jerry Brown is gay! He is supposed to support the laws of the state----amendments included. He should be impeached or thrown out of office.

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        • 86%
          jakesguile11 months, 1 week ago

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          Poul, don't even bother hon, they're not from the last 3 millenia, they crawled out of their caves... actually...hold on a minute!

          NEANDERTHAALS LEARNED ENGLISH! Furthermore, it appears they can type at least partially coherrant sentences! I must inform the govnah' of this impressive feat. QUICK, call a scientist, call Stephen Hawking, he'll be more than impressed with "The Little Neanderthaals that could"

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        • 93%
          Poulenc11 months, 1 week ago

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          Cham, above: "Remember when Gay meant happy? Why not use the word Homosexual? Surely a Homosexual should not be ashamed of being labeled what they are."

          Gay may not be the ideal word--and in fact, one day, perhaps rigid sexual boundaries will ease sufficiently such that pigeonholing will be at least less necessary--but "homosexual" is an artifact of a time in which rigid, medicalized distinctions were thought necessary to separate "normal" people from those who were deemed sick.

          Today, we know better.

          "I don't care what they want to call themselves. It's OK with me. One of the problems of calling a Male-Male or Female - Female joining a marriage is that it changes the definition of marriage."

          Precisely! Marriage is a human-made institution that's evolved over the millennial and can (and will) change again. The important thing to keep in mind is that allowing more people to marry strengthens the institution of marriage rather than the opposite. In other words, something is added, not take away.

          "I have no problem with Homosexuals, as long as they don't demand that I become one, or if they don't demand that I accept their choice. I have no input on their choice."

          Why should they? I believe we're in the realm of unjustifiable defensiveness/paranoia/condescension here--how would you feel if I said, "I have no problem with heterosexuality as long as they don't try to make me one."

          As for accepting gay people as such (their sexuality is not a choice any more than straight peoples' is): acceptance is the goal, but, in the meantime, toleration will do. Toleration means that you live and let other's do the same. A corollary to the Golden Rule, if you ask me.

          Finally, Cham, if I may: you talk about gays as if they existed on the other side of some great human divide. But they are a part of the same world you are. They're brothers, sisters, husbands, wives, doctors, lawyers, politicians, teachers, your children...you get my point, no?

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          • 100%
            Sageparadox11 months, 1 week ago

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            speaking of some one that was kicked off old Propeller and Netscape, Hello again.
            Atleast it wasnt for spamming or any of my comments.

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            • 88%
              david_nwpa11 months, 1 week ago

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              It also looks to me as if a number of the comments posted on this forum are from sockpuppets and spammers. Many of the names listed here look like they are variations of people who have since been kicked off of Propeller and Netscape. Mayhaps I am mistaken?

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              patibarry11 months, 1 week ago

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              Wow. I am so surprised by my fellow Californian's who I thought were more progressive thinking and tolerant of all others. NO ONE has the right to vote away another's right. Just as you can't "sign" your rights away even if an employer forces you to. For example, working overtime for regular wages. If everything were up for a vote, do you even think that the civil rights act would have passed? NO WAY! In 1968 the white majority of the country were prejudice against every other race. They would have "voted" their rights away too. So Jerry Brown is attempting to correct a wrong. This will prevail.Prop 98 will fall. And those of you who are homophobic will look as ignorant as a racist in the future, to the majority. We'll look back at this and think "those crazy homophobes!"

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              • 87%
                Eagle_Eye11 months, 1 week ago

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                ""those crazy homophobes!"

                Some times the most phobic are that way because they are closet gay but won't admit it so they feel good at putting them down thus relieving themselves from the guilt and thinking they have beaten it and are all righteous, etc. when in fact they are the smallest minded beings on the earth.

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                patibarry11 months, 1 week ago

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                My daughter is gay. And by that I mean both homosexual and happy! :)

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                • 91%
                  jakesguile11 months, 1 week ago

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                  Amen dat, pat

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                  ETproductions11 months, 1 week ago

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                  California is certainly a bellwether state as laws go. I felt when it was proposed that Prop 8 would be writing discrimination INTO a Constitution. To me, that is a VERY bad idea. After all the discrimination that Mormons have suffered, the fact they were at the forefront of the movement was instructional.

                  If we were to put it up to a vote which religion should control America, there are 70 million Catholics. So we should amend our constitution to be a Catholic country, because all those other "splinter" religions are minorities and they do things in their sanctuaries no good Catholic would ever countenance.

                  Then we could put what race you should be up to a vote. Whites, better do that one quickly, because we are soon to be the minority.

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                  patibarry11 months, 1 week ago

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                  The California State Superintendent of Schools (Jack O'Connell) said that nothing about marriage is required subject in schools. It's propaganda. And if you think that this Prop 8 hasn't informed our children more than any teacher, then you missed all of those wacko commercials that then had to be explained to my 8 year old. I explained it simply enough.... "honey, some people just hate anyone who is different than they are. And now those people are trying to convince others to take away people's rights. It's called discrimination and it's illegal in this country. I hope that voters don't fall for it." He agreed. Too bad we were disappointed. I hope that wrong will be righted, and sooner than later.

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                  babbs012811 months, 1 week ago

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                  Why was prop 8 allowed to be on the ballot in the first place. I hope Jerry Brown wins his case with the calif supreme court. What are people afraid of? Marriage is a civil union. You must go to the county building for a marriage license. That marriage can then be blessed in a church or not. That should be up to the couple. Life liberty and the pursuit of happiness is a right of all people in these united states. Not for a select group. I think any monies churches spend on political issues those monies should be taxable. Why should churches get tax exemption on anything not directly related to church business.
                  Think of all the tax money we would get. We could have a balanced budget.

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                  sting955711 months, 1 week ago

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                  Repent...for the day of judgement comes quikly. For all have sinned and fell short of the Glory of God. If your reading this...you still have time....please understand our Lord Jesus loves you...but we must turn from evil....and pick up our cross and follow Him. Being homosexual is a sinful lifestyle, but so is a liar,cheater,killer,sexual offender,thief....we all have messed up....the only way out is Jesus...and He provides us GRACE. Thats why its called Amazing Grace, because none of are worthy, but because of what Jesus did,His Love, for all man,that we might choose Him,instead of sin. I don't hate homosexuals, I hate their sin, just like I don't hate liars,just their lying. God Bless...and may Grace find you in time!

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                  Sageparadox11 months, 1 week ago

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                  Let me type a few more words so that Propeller doesnt mark me off as spam.
                  What I meant to say was,
                  A M E N T O T H A T ! ! !

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                  leilah11 months, 1 week ago

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                  fh1939: Sodomy is essentially a sexual act which cannot result in procreation.

                  Per Merriam-Webster: 1) copulation with a member of the same sex or with an animal;
                  2) noncoital and especially anal or oral copulation with a member of the opposite sex.

                  Thus, same-sex coitus is sodomy, So is anal sex, ******** and, by default, hetereosexual acts involving condoms and other birth control.

                  For centuries, people have regarded M-M and F-F sex acts as sodomy; but, then again, anal and ******** were not widely accepted as normal practices among people/Americans, including married couples, until the 1960's -- they were "sick" acts to be conducted in brothels. But the "Sexual Revolution" wasn't just for heterosexuals; as you opened the doors to the acceptance of nontraditional behavior, everybody walked through.

                  If you were born in 1939, fh1939, you surely experienced a woman calling you a siko (sic) when you wanted something other than the old missionary tango; so you just might have to thank your fellow siko's for finally receiving a shame-free b1ow job!

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                  patibarry11 months, 1 week ago

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                  Now, here we have an example of someone who attempts to force his/her lifestyle on everyone else. What did you say Cham about being "in your face" and like it's some kind of honor bestowed on someone and you ought to appreciate it? Well, this is a perfect example of that. Way more religious zealots than gay zealots.

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                  CHAM11 months, 1 week ago

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                  Some of you jump to conclusions. Please go back up the string and read what I wrote to Ybdog. I do not feel threatened by Homosexuals. I just can't see why they are "In your face" about being a Homosexual, you know , like its some kind of honor bestowed upon them and you ought to appreciate it.

                  Really you need to read my reply to Ybdog.

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