Thursday, May 15, 2008
Rights for Same-Sex Couples
The California Supreme Court struck down the state's ban on same-sex marriage Thursday. ruled that sexual orientation "does not constitute a legitimate basis upon which to deny or withhold legal rights." This ruling will take effect in 30 days. This was brought to court when several gay couples, the city of San Francisco and gay rights groups filed a lawsuit claiming unlawful discrimination when a lower court ruled it illegal that San Francisco was issuing marriage licenses to same-sex couples. Many people, including myself, believe that this is a just ruling and it will cause broader acceptance for people who are homosexual. However, many people who do not agree with this ruling claim that a constitutional marriage amendment should be placed on the November ballot, and that a federal marriage amendment should be created. Although I know that the majority of the students in this class believe in establishing rights for same-sex couples, do you agree that this decision should be made by the public? Is it fair that something constitutional in one state is banned in the next? Could this ruling have national effects on marriage rights for people who are homosexual?
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This decision should be made by the public because the thing that matters the most in the end is what the public wants. Isn't that what democracy is all about? Serving the public? Damn right it is. If the public feels that same-sex marriages should be legal, then make them legal. But I do think that it is fair for some states to ban same-sex marriage and for some states to make it constituional. States should be allowed to decide there own laws and regulations that are not covered by federal law. Federal law prevails over state law, but when there is no federal law prohibiting something, states should be allowed to do so. This ruling should be huge for same-sex marriages throughout the US because California is such a big and important state. If the California Supreme Court strikes down a ban on same-sex marriage, many states might take the ruling into consideration and follow.
I'm really glad that the California Supreme Court has made such a progressive and groundbreaking decision. I only hope that conservatives do not ruin such an important decision with appeals and that other states quickly follow suit.
In my mind, there is no reason why straight couple should be allowed any privileges that gay couples are disallowed; it's simply unamerican. Congrats to Mass and Cali for leading the way.
I couldn't agree more with all of you. I, and evidently enough people in california, think that this decision is long overdue. There is no reason why any gay person should have less rights than any straight person. I think this decision is a major step for the gay community and hopefully will raise awareness about the discrimination towards homosexuals. I think that in the future, people are going to look back at how we (america in general) treated homosexuals, and compare it to how we discriminated against blacks up until the late 20th century. Hopefully, more of America follows suit and legalizes gay marriage, and realizes that discrimination towards gays needs to come to an end.
Same sex marriage is a tough issue because people are heavily divided whether to allow or ban it entirely. Though the decision should be ultimately decided upon by the people, one must wonder whether a vote for same sex marriage will change anything at all and give homosexual couples the right to be free from social harassment. Even if the polls allow same sex marriage, I believe that the issue will still be socially unacceptable by many Americans.
This topic definitely should be for the public to decide because it is the public who are the base of our democracy. This is really a state issue so the fact that other states can or can't ban the rights for same-sex couples makes sense. Also some states probably have a different view of homosexuality so it should be up to them to decide. This can definitely spark some national rights for same-sex couples because once a huge state like California does something people might begin to follow.
Hey everybody -
THE UNITED STATES IS NOT A DEMOCRACY
Democracy is bad because the majority of people are idiots. This is proven by the popularity of the song "crank dat".
And also I don't get whats the big deal with same sex marriage. I think it is discrimination to try to ban it. Let people do what they want, it doesn't hurt anybody to allow same sex marriage.
I think that the court should have made this ruling, becuase I don't see it as Judicial Activism. All their personal feelings about gay marriage aside, it is easy to see outlawing gay marraige as discrimination. I think that Judicial Activism critics are really gay marraige critics in this case.
I don't feel it is the federal government's right to make decisions about social issues such as gay marriage. We all know how prohibition and the anti-drinking amendment failed, so Congress should learn their lesson and stick to more important topics. I'm glad same-sex marriage is now legal so more people can be treated as equals. If everybody gets to get married then it means less discrimination!
I think too many people are imposing personal beliefs involving religion into this topic. It is stupid that this issue is constantly debated as if it is causing harm to the nation. People have the right to do what they want with their personal lives. I get tired of the arrogance of people when they try to prevent others from having equal rights. But obviously this rediculousness - if a word - will never end.
Whatever happened to "seperation of church and state." Other than religious objections, there are no good reasons that I've ever heard to ban same sex marriage. I believe the majority of people are simply ashamed to live in a country that allows same sex marriage and therefore they will support anything that attempts to ban it. Therefore, it'll be awhile until there is widespread acceptance of same sex marriage and this ruling by the California Supreme Court will do nothing.
Although this ruling gave more of a name to the already established domestic partnership in California, I think that this may set the standard and get the ball rolling for other states in the US. At least I hope so. Let's see a revolution!
I'm not sure if it's best to leave this up to the states because there's going to be lots of cases like Dred Scott, only over homosexuality and not slavery. But I am glad this is happening. It's definitely a good start.
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