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Posted by: epiphannyy 6 months, 4 weeks ago
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epiphannyy6 months, 4 weeks ago
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I think the fact that it is legal for some and not for others (the 18,000 existing marriages are allowed to remain unaffected) who are on all other grounds equal (all are simply gay couples wishing to wed) will be how it will be eventually overturned. You can't give rights to some citizens and deny the same rights to otherwise equal citizens and call it Constitutional. The appeals court bowed to public pressure, which is a shame. The courts aren't supposed to be politically or emotionally motivated, but in this case they seem to have allowed the politics of the issue get in the way of the Constitutional legality of the issue at hand. Had this been any other "right" in question (not a hot button topic like gay marriage is today) then there is little chance that some would retain rights while the vast majority of others would be denied them. It simply makes no sense when you look at it in the context of rights for all vs rights for some. The only Constitutional decision is a maintenance of rights for all if the right is Constitutional or rights for none if it is not. The Constitution doesn't support a society where rights for some is protected. So whether you agree with gay marriage or not, this decision by California's Supreme Court is not a sound one.
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