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Monday, November 17, 2008

Back to the Courts with Prop 8?


Although California conservatives got Proposition 8 to pass by a small margin, many are not quite ready to give up. With as much attention and protests surrounding Proposition 8, it seems like Prop 8 is going back to the courts! Attorneys hired by six gay couples are appealing to courts to not let the Prop pass, calling it discriminatory and unfair. "The lawyers argue that the ban represents such a fundamental revision of the constitution that it should have gone through the legislature, not the ballot-initiative process."

California's high court legalized gay marriage in California back in 2000, stating that homosexuals and lesbians are a "suspect class," meaning they deserve the same rights as everyone else. Unfortunately, the passing of Prop 8 revoked their rights to marry...creating the largest response California has seen in years. Protests and rallies indicate the exasperation of the gay community. And why not? Passing Prop 8 is purely discrimination and nothing else. It's truly surprising that even in a state as liberal as California, such a discriminatory act is still legal and popular. And what about the 18,000 couples that married under the 2000 California court decision, is there no legitimacy to their marriage now?

Attorney General Jerry Brown, who represents the state in court, said he would defend the legality of the thousands of same-sex marriages conducted in the past few years. That controversy is also likely to end up before California's high court and could reach the U.S. Supreme Court. Although I strongly oppose Prop 8, we do live in a democratic society, and it did pass in a fair democratic election. The people have spoken and made their voices heard, so is it really fair to take it back to the courts and continue fighting?

I do think that the fact that people are still fighting for their beliefs and will not stop until they get what they want shows how sensitive and ground-breaking this topic really is. This isn't just about a policy or a law, its about people being able to live their lives without judgment. Its about people being allowed to be different and yet receive equal rights!

http://amlawdaily.typepad.com/amlawdaily/2008/11/prop-8-back-to.html

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