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	<title>Comments on: One Proposal for Going Forward Towards Marriage Equality in California</title>
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	<link>http://www.boxturtlebulletin.com/2008/11/06/5941</link>
	<description>News, analysis and fact-checking of anti-gay rhetoric</description>
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		<title>By: Nevada Blue</title>
		<link>http://www.boxturtlebulletin.com/2008/11/06/5941/comment-page-1#comment-22788</link>
		<dc:creator>Nevada Blue</dc:creator>
		<pubDate>Mon, 10 Nov 2008 21:39:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=5941#comment-22788</guid>
		<description>Call me a romantic, but in addition to the legal means, I&#039;d like to see a Ghandi-like shut down of the state.  

M Ghandi called for a one day strike in India - just to show the power behind the message.  He shut India down, comletely without violence - empty roads and empty offices - and gave the Brits food for thought.

I understand the turnout wouldn&#039;t include the entire state&#039;s population, but even a smallish percentage would be significant on a couple levels.  first, just the numbers of people not in the office that day would give an idea of the numbers of people that are being discriminated against.  But it would also show that these are the very people you work and play with every day - that you may have known for years.</description>
		<content:encoded><![CDATA[<p>Call me a romantic, but in addition to the legal means, I&#8217;d like to see a Ghandi-like shut down of the state.  </p>
<p>M Ghandi called for a one day strike in India &#8211; just to show the power behind the message.  He shut India down, comletely without violence &#8211; empty roads and empty offices &#8211; and gave the Brits food for thought.</p>
<p>I understand the turnout wouldn&#8217;t include the entire state&#8217;s population, but even a smallish percentage would be significant on a couple levels.  first, just the numbers of people not in the office that day would give an idea of the numbers of people that are being discriminated against.  But it would also show that these are the very people you work and play with every day &#8211; that you may have known for years.</p>
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		<title>By: Michael</title>
		<link>http://www.boxturtlebulletin.com/2008/11/06/5941/comment-page-1#comment-22619</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Sun, 09 Nov 2008 23:12:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=5941#comment-22619</guid>
		<description>Todd, I completely agree with your idea. The state should mandate that all couples must have a civil ceremony at a municipal facility, call it Civil Unions  Everyone is equal. Only public officials would be allowed to perform the rite. It could be done when they get their license, and meet all the other legal requirements.
Then, those who want to can  go to a church of their choice and have their Union blessed and call it marriage.
That seems to me to be a very neutral position in a secular society and it seems pretty simple.  Civil Unions for all.</description>
		<content:encoded><![CDATA[<p>Todd, I completely agree with your idea. The state should mandate that all couples must have a civil ceremony at a municipal facility, call it Civil Unions  Everyone is equal. Only public officials would be allowed to perform the rite. It could be done when they get their license, and meet all the other legal requirements.<br />
Then, those who want to can  go to a church of their choice and have their Union blessed and call it marriage.<br />
That seems to me to be a very neutral position in a secular society and it seems pretty simple.  Civil Unions for all.</p>
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		<title>By: Ampersand</title>
		<link>http://www.boxturtlebulletin.com/2008/11/06/5941/comment-page-1#comment-22318</link>
		<dc:creator>Ampersand</dc:creator>
		<pubDate>Sat, 08 Nov 2008 02:37:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=5941#comment-22318</guid>
		<description>Scotte, I&#039;m afraid I&#039;m not at all familiar with the California ballot initiative law -- would such amendments necessarily be tossed out? After all, although these rights are already implicit, they aren&#039;t yet explicit in the Constitution.

In any case, just as you say, if they actually got thrown out then that would be good publicity.</description>
		<content:encoded><![CDATA[<p>Scotte, I&#8217;m afraid I&#8217;m not at all familiar with the California ballot initiative law &#8212; would such amendments necessarily be tossed out? After all, although these rights are already implicit, they aren&#8217;t yet explicit in the Constitution.</p>
<p>In any case, just as you say, if they actually got thrown out then that would be good publicity.</p>
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		<title>By: Ampersand</title>
		<link>http://www.boxturtlebulletin.com/2008/11/06/5941/comment-page-1#comment-22315</link>
		<dc:creator>Ampersand</dc:creator>
		<pubDate>Sat, 08 Nov 2008 02:22:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=5941#comment-22315</guid>
		<description>Todd, I don&#039;t think that would be good tactics. If the equal rights movement ever seriously pursued that option, we&#039;d be vulnerable to the anti-equality people screaming &quot;see -- they really ARE trying to destroy marriage!!!&quot;

I don&#039;t think working to take the word &quot;marriage&quot; away from heterosexual unions, either in the courts or through legislation, is a winning strategy.</description>
		<content:encoded><![CDATA[<p>Todd, I don&#8217;t think that would be good tactics. If the equal rights movement ever seriously pursued that option, we&#8217;d be vulnerable to the anti-equality people screaming &#8220;see &#8212; they really ARE trying to destroy marriage!!!&#8221;</p>
<p>I don&#8217;t think working to take the word &#8220;marriage&#8221; away from heterosexual unions, either in the courts or through legislation, is a winning strategy.</p>
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		<title>By: scotte</title>
		<link>http://www.boxturtlebulletin.com/2008/11/06/5941/comment-page-1#comment-22310</link>
		<dc:creator>scotte</dc:creator>
		<pubDate>Sat, 08 Nov 2008 01:44:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=5941#comment-22310</guid>
		<description>Ampersand, I like the way you think.  

I don&#039;t know much about California law.  Do you have to collect all the signatures before you present the idea of the ballot measure?  
I strongly suspect the first two measures would be tossed out as superfluous - then we could make sure the reason they were tossed out got lots of publicity.  If the process didn&#039;t require the whole 700K signatures first it could be a very quick and powerful response.

And on your comment of only needing to peel off 3% more voters - the margin changed from over 22% to under 4% in eight years.  The mere passage of time (as more people who grew up in a more reasonable world grow up and can vote) will shift the vote.  Not to mention all those people we can hope will find themselves with &quot;buyers&#039; remorse&quot; when they realize they&#039;ve legislated against their neighbors based on a pack of lies.

The more I watch the behavior of the &quot;Yes on 8&quot; supporters the more I&#039;m convinced their true fear is that without Proposition 8 they would be forced to acknowledge that there are thousands and thousands of loving, committed same sex couples rather than retaining their image of miserable people living a &quot;lifestyle&quot; of drugs and promiscuity.  Just why this scares them eludes me, except perhaps that, like their fear of reasonable sex education for adolescents, it reduces their ability to control others.</description>
		<content:encoded><![CDATA[<p>Ampersand, I like the way you think.  </p>
<p>I don&#8217;t know much about California law.  Do you have to collect all the signatures before you present the idea of the ballot measure?<br />
I strongly suspect the first two measures would be tossed out as superfluous &#8211; then we could make sure the reason they were tossed out got lots of publicity.  If the process didn&#8217;t require the whole 700K signatures first it could be a very quick and powerful response.</p>
<p>And on your comment of only needing to peel off 3% more voters &#8211; the margin changed from over 22% to under 4% in eight years.  The mere passage of time (as more people who grew up in a more reasonable world grow up and can vote) will shift the vote.  Not to mention all those people we can hope will find themselves with &#8220;buyers&#8217; remorse&#8221; when they realize they&#8217;ve legislated against their neighbors based on a pack of lies.</p>
<p>The more I watch the behavior of the &#8220;Yes on 8&#8243; supporters the more I&#8217;m convinced their true fear is that without Proposition 8 they would be forced to acknowledge that there are thousands and thousands of loving, committed same sex couples rather than retaining their image of miserable people living a &#8220;lifestyle&#8221; of drugs and promiscuity.  Just why this scares them eludes me, except perhaps that, like their fear of reasonable sex education for adolescents, it reduces their ability to control others.</p>
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		<title>By: Todd</title>
		<link>http://www.boxturtlebulletin.com/2008/11/06/5941/comment-page-1#comment-22306</link>
		<dc:creator>Todd</dc:creator>
		<pubDate>Sat, 08 Nov 2008 01:32:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=5941#comment-22306</guid>
		<description>Werdna,

Thanks, I was pretty sure it would need to be filed, and I agree that it is a much more radical restructuring, but it does seem logical based on my understanding of the ruling. I would prefer marriage, but would accept equality for all under any name.</description>
		<content:encoded><![CDATA[<p>Werdna,</p>
<p>Thanks, I was pretty sure it would need to be filed, and I agree that it is a much more radical restructuring, but it does seem logical based on my understanding of the ruling. I would prefer marriage, but would accept equality for all under any name.</p>
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		<title>By: werdna</title>
		<link>http://www.boxturtlebulletin.com/2008/11/06/5941/comment-page-1#comment-22304</link>
		<dc:creator>werdna</dc:creator>
		<pubDate>Sat, 08 Nov 2008 01:29:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=5941#comment-22304</guid>
		<description>Todd-A suit would have to be filed challenging the marriage law with the argument you describe. Courts don&#039;t rule of out thin air. The suit that has been filed is a much less dramatic petition, it challenges the procedure by which Prop 8 made it to the ballot and if affirmed would simply strike Prop 8 down. No need for a radical restructuring of family law in California.</description>
		<content:encoded><![CDATA[<p>Todd-A suit would have to be filed challenging the marriage law with the argument you describe. Courts don&#8217;t rule of out thin air. The suit that has been filed is a much less dramatic petition, it challenges the procedure by which Prop 8 made it to the ballot and if affirmed would simply strike Prop 8 down. No need for a radical restructuring of family law in California.</p>
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		<title>By: Todd</title>
		<link>http://www.boxturtlebulletin.com/2008/11/06/5941/comment-page-1#comment-22299</link>
		<dc:creator>Todd</dc:creator>
		<pubDate>Sat, 08 Nov 2008 01:11:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=5941#comment-22299</guid>
		<description>I have read ther court decision and while not a lawyer, I don&#039;t understand why the passing of Prop 8 would necessarily &quot;overturn&quot; the court&#039;s ruling. My understanding is that the court ruled that sexual orientation was a suspect class and therefore could not be treated differently by the laws of California. They then ruled that marriage would be available to same-sex couples as that was the more likley move by the legislature. If the amendment stands, and the State can only recognize marriage as between a man and a woman, why can&#039;t the ruling for equal application under the law still apply? The court made it fairly clear that they could call ALL relationships by some other name and still meet the requirement of the equal protection clause. What if the State determined that in keeping with the ruling and the new amendment, California did not recognize ANY marriage and instead only recognized Domestic Partnerships and Marriage would be a religious ceremony with no legal rights attached? 

I realize that would be a radical concept, but it would be in keeping with the intent of Prop 8 and leave the court&#039;s ruling intact. T</description>
		<content:encoded><![CDATA[<p>I have read ther court decision and while not a lawyer, I don&#8217;t understand why the passing of Prop 8 would necessarily &#8220;overturn&#8221; the court&#8217;s ruling. My understanding is that the court ruled that sexual orientation was a suspect class and therefore could not be treated differently by the laws of California. They then ruled that marriage would be available to same-sex couples as that was the more likley move by the legislature. If the amendment stands, and the State can only recognize marriage as between a man and a woman, why can&#8217;t the ruling for equal application under the law still apply? The court made it fairly clear that they could call ALL relationships by some other name and still meet the requirement of the equal protection clause. What if the State determined that in keeping with the ruling and the new amendment, California did not recognize ANY marriage and instead only recognized Domestic Partnerships and Marriage would be a religious ceremony with no legal rights attached? </p>
<p>I realize that would be a radical concept, but it would be in keeping with the intent of Prop 8 and leave the court&#8217;s ruling intact. T</p>
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		<title>By: Ampersand</title>
		<link>http://www.boxturtlebulletin.com/2008/11/06/5941/comment-page-1#comment-22259</link>
		<dc:creator>Ampersand</dc:creator>
		<pubDate>Fri, 07 Nov 2008 21:55:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=5941#comment-22259</guid>
		<description>I think that&#039;s a great idea. I&#039;d only suggest one change: Why not write the ballot measure to undermine all the horrible lies &quot;Yes on 8&quot; people tell to persuade swing voters?

One intriguing (and hopeful) wrinkle of the &quot;Yes on 8&quot; campaign is that they never showed a same-sex couple in their ads, nor did they ever talk about lesbian and gay couples. This is because many &quot;swing&quot; voters on gay ballot initiatives don&#039;t want to think of themselves as bigots. So &quot;Yes on 8&quot; told them, again and again, that this isn&#039;t a vote to hurt gay people; it&#039;s a vote to protect the children! It&#039;s a vote to protect churches!

If there&#039;s no legal barrier, then a ballot measure -- or a series of ballot measures -- could call for:

1) An explicit constitutional right for parents to opt out of having their children taught about same-sex marriage in public schools, and

2) An explicit constitutional right for religious institutions, and religious officiants, to decline to host or perform same-sex wedding ceremonies, without any legal penalty or any loss of tax status.

3) Removing proposition 8&#039;s language from the California constitution.

The down side is, it&#039;s pointless, legally -- all those rights &lt;em&gt;already exist&lt;/em&gt; in California. The &quot;Yes on 8&quot; people are lying when they say otherwise. And let&#039;s face it, it&#039;s galling to have to defer to this garbage in order to have justice. But politics are like that.

The up side is, it would cut the anti-marriage movement&#039;s most powerful arguments off at the knees. Yes, they&#039;ll switch to other nonsensical arguments -- &lt;em&gt;but the reason they chose these arguments is that they&#039;re the most powerful arguments they&#039;ve got&lt;/em&gt;. If they had anything better, they would have used that instead.

Remember, we only need to peel off 3% of voters or so for a victory, so every voter pealed off their side counts. If there are a lot of swing voters who were persuaded to vote for proposition 8 because of the &quot;protect the children/churches!&quot; argument -- and that&#039;s certainly what the &quot;Yes on 8&quot; organizers believe -- then taking those arguments away could change the outcome. 

At the very least, the more the &quot;Yes on 8&quot; proponents are forced to argue that gay couples are bad, the more their true natures will be revealed. That&#039;s worthwhile in and of itself.</description>
		<content:encoded><![CDATA[<p>I think that&#8217;s a great idea. I&#8217;d only suggest one change: Why not write the ballot measure to undermine all the horrible lies &#8220;Yes on 8&#8243; people tell to persuade swing voters?</p>
<p>One intriguing (and hopeful) wrinkle of the &#8220;Yes on 8&#8243; campaign is that they never showed a same-sex couple in their ads, nor did they ever talk about lesbian and gay couples. This is because many &#8220;swing&#8221; voters on gay ballot initiatives don&#8217;t want to think of themselves as bigots. So &#8220;Yes on 8&#8243; told them, again and again, that this isn&#8217;t a vote to hurt gay people; it&#8217;s a vote to protect the children! It&#8217;s a vote to protect churches!</p>
<p>If there&#8217;s no legal barrier, then a ballot measure &#8212; or a series of ballot measures &#8212; could call for:</p>
<p>1) An explicit constitutional right for parents to opt out of having their children taught about same-sex marriage in public schools, and</p>
<p>2) An explicit constitutional right for religious institutions, and religious officiants, to decline to host or perform same-sex wedding ceremonies, without any legal penalty or any loss of tax status.</p>
<p>3) Removing proposition 8&#8217;s language from the California constitution.</p>
<p>The down side is, it&#8217;s pointless, legally &#8212; all those rights <em>already exist</em> in California. The &#8220;Yes on 8&#8243; people are lying when they say otherwise. And let&#8217;s face it, it&#8217;s galling to have to defer to this garbage in order to have justice. But politics are like that.</p>
<p>The up side is, it would cut the anti-marriage movement&#8217;s most powerful arguments off at the knees. Yes, they&#8217;ll switch to other nonsensical arguments &#8212; <em>but the reason they chose these arguments is that they&#8217;re the most powerful arguments they&#8217;ve got</em>. If they had anything better, they would have used that instead.</p>
<p>Remember, we only need to peel off 3% of voters or so for a victory, so every voter pealed off their side counts. If there are a lot of swing voters who were persuaded to vote for proposition 8 because of the &#8220;protect the children/churches!&#8221; argument &#8212; and that&#8217;s certainly what the &#8220;Yes on 8&#8243; organizers believe &#8212; then taking those arguments away could change the outcome. </p>
<p>At the very least, the more the &#8220;Yes on 8&#8243; proponents are forced to argue that gay couples are bad, the more their true natures will be revealed. That&#8217;s worthwhile in and of itself.</p>
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		<title>By: Alas, a blog &#187; Blog Archive &#187; The Next California Marriage Initiative: Take Their Best Guns Away</title>
		<link>http://www.boxturtlebulletin.com/2008/11/06/5941/comment-page-1#comment-22258</link>
		<dc:creator>Alas, a blog &#187; Blog Archive &#187; The Next California Marriage Initiative: Take Their Best Guns Away</dc:creator>
		<pubDate>Fri, 07 Nov 2008 21:54:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=5941#comment-22258</guid>
		<description>[...] Timothy at Box Turtle Bulletin writes: I propose that we, as a community, consider the following strategy: [...]</description>
		<content:encoded><![CDATA[<p>[...] Timothy at Box Turtle Bulletin writes: I propose that we, as a community, consider the following strategy: [...]</p>
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