Bastards

Dec. 20th, 2008 10:46 am
elfs: (Default)
[personal profile] elfs
Bastards:
Sponsors of the California ballot measure that banned same-sex marriage are seeking to nullify thousands of marriages between gay and lesbian couples performed after the state Supreme Court ruled them constitutional.

"Proposition 8's brevity is matched by its clarity," one of the briefs read. "There are no conditional clauses, exceptions, exemptions, or exclusions: 'Only marriage between a man and a woman is valid or recognized in California.'

" ... Its plain language encompasses both pre-existing and later-created same-sex (and polygamous) marriages, whether performed in California or elsewhere. With crystal clarity, it declares that they are not valid or recognized in California."
Because nothing says Christian love or the sanctity of marriage like tearing existing marriages apart.

Date: 2008-12-24 07:20 pm (UTC)
From: (Anonymous)
It gives California an out, pending the legal status of its effects as codified in 1 U.S.C. § 7 and 28 U.S.C. § 1738C and the declaration of SCOTUS in Loving v. Virginia that 'Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival....'; since the challenge to Proposition 8 would have to go before SCOTUS, a decision could very well throw out DOMA as well as Proposition 8.

None of which addresses the ex post facto attempt that is going to turn around and bite them on the ass. It's equivalent to California deciding to address its budget shortfall by raising property taxes, retroactive to the last five years, payable immediately.

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Elf Sternberg

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