7 responses

  1. Jen
    February 7, 2012

    If what they are saying is that you can’t give it and then take it away (in a very simple nutshell)….how would this impact those Republicans that campaign with a constitutional amendement ban on same sex marriage? Wouldn’t that be the same thing on a national scale affecting all the states that now grant it?

  2. B John
    February 7, 2012

    It would be an interesting situation Jen, however, you must remember that the U.S. Constitution trumps all State Laws and Constitutions.

    In this case, the judges found that the equal protection clause of the U.S. Constitution prohibits granting marriage to same sex couples, and then taking it away simply because you don’t like gay people by using a change to a state constitution.

    If the U.S. Constitution is changed, then the argument changes. In that case the equal protection clause wouldn’t apply, because the U.S. Constitution would then say that gay people can’t marry. It would be pretty much a settled issue. Because equal marriage would be expressly prohibited by the Constitution, there wouldn’t be an equal protection argument to be made.

  3. Mark Cross
    February 7, 2012

    The Mormons were key actors in 8′s passage. They have posted a response to today’s ruling at

  4. Edwin
    February 7, 2012

    If any of the republicans that are running gets elected the LGBT people will be screwed big time. All of them want us to go back in the closets. I don’t think those idiots relize that in the next generation there will be more young people coming out. So eventually there will be that many more fighting for the rights we are born with.

  5. Hunter
    February 8, 2012

    If one of the Republican candidates gets elected, this whole issue is going to get swept under the carpet real fast, unless, but some great cosmic irony, it’s Santorum. (Go ahead — google it. You know you want to.)

    They haven’t been able to get an anti-marriage amendment through Congress yet, even under W with clear majorities in both houses and public sentiment against same-sex marriage. They’d have to sweep the White House and both houses to even have a chance — and then it goes to the states, and public sentiment is trending in our favor.

    Not gonna happen.

  6. blue-heron
    February 8, 2012

    The Court failed IMHO to answer the very question that it was asked: “Doesn’t Prop 8 which denies Marital Equal Protection violate the US Constitution?”

    The fearful Court found a way to whittle off all but the core of the apple, saying that giving and then taking the right was the violation.

    There is a distinction to be made between the Right which is granted by the Constitution, and the Lower laws that may or may not coincide with it.

    United States Citizens HAVE the Right. Some lower laws act as a barrier to Gays being able to enjoy that Right, but it is still there.

  7. StraightGrandmother
    February 8, 2012

    Well I guess this is the “worst” BEST WIN possible. Of course we are all overjoyed that California Residents will soon resume the right to Marry. I am honestly happy for them.

    However for the rest of the country, those in the other 44 States, it is basically a start from scratch, go file your own law suit win. I know I was hoping for a sweeping WIN, a win that would include residents in Texas, Arkansas, Wisconsin, Ohio, Florida, Virgina, a win that said denying Civil Marriage to Sexual Minorities is Unconstitutional, and the decision did not say that.

    So Yippie for those of you in California, not so much for the rest of the country. It is a win, so good for that, but there is no near future benefit to anyone outside of California and that is sad. We were hoping for more.

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