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Politics | 11/11/2008 8:15 am

California's Fight Over Gay-Marriage Ban Not Over Yet (Video)

By The Staff at wowOwow.com
YouTube

The battle over California’s gay-marriage ban isn’t over.

Opponents of Proposition 8, passed at the ballot box last week are now saying that repealing the right of same-sex couples to marry in the state can only be done by a revision of the state Constitution involving the Legislature.

The Los Angeles Times reports that 43 Democratic legislators, including leaders of the California Senate and Assembly, filed a brief Monday urging the California Supreme Court to void Proposition 8. None of the signees were Republicans, though GOP Gov. Arnold Schwarzenegger blasted the measure over the weekend, saying he hopes the California Supreme Court would overturn Proposition 8.

He also predicted that the 18,000 gay and lesbian couples who have already wed would not see their marriages nullified by the initiative.

"It’s unfortunate, obviously, but it’s not the end," Schwarzenegger told CNN Sunday. "I think that we will again maybe undo that, if the court is willing to do that, and then move forward from there and again lead in that area."

With almost 11 million ballots tallied, Proposition 8 had 52.3% of the vote to 47.7%. Although many ballots remain to be counted, the 500,000-vote spread is thought to be insurmountable.

"The citizens of California rely on the Legislature and the courts to safeguard against unlawful discrimination by temporary, and often short-lived, majorities," the legislators said in their filing.

"This is a Hail Mary, no question about it," Frank Schubert, manager of the Proposition 8 campaign, told the Times.

Three lawsuits have been filed with the California Supreme Court asking it to stop the state from enforcing the proposition until the court has decided on its constitutionality, The Washington Post notes. The suits argue that under the equal protection clause in the state’s constitution, a majority of voters are not allowed to revoke equal rights intended for everybody.

Meanwhile, the Times reports how Proposition 8 supporters are frustrated over all the protests, saying the vote was the will of the people and it should be upheld.

"It makes me angry when the will of the people is not upheld," said Orange County voter Richard "Mac" McConnell, 82. "Under the Constitution it’s supposed to be, but it’s not anymore … And that’s wrong."

Here’s video of Schwarzenegger’s CNN interview on Proposition 8:

15 Reader Comments (so far…) Sign In or Register to comment

John G
It makes me angry when the will of the people is not upheld,” said Orange County voter Richard “Mac” McConnell, 82. “Under the Constitution it’s supposed to be, but it’s not anymore … And that’s wrong.” The reason to even have a constitution is to protect minorities from overbearing, overzealous, butt-headed majorities. Invasive religion sucks… down with Prop 8 (and any of its siblings in other states). BTW: The governator is the man!
By John G on 11/11/2008 10:04 am
DeBúrca obj
It is only a matter of time before the Supreme Court puts an end to this debate. It will be declared unconstitutional to deprive citizens of civil rights and equality under the law. This is not a Theocracy and we don’t get to vote on whether or not someone else should be deprived of rights.
By DeBúrca obj on 11/11/2008 10:27 am
Patty E
VERY WELL stated! Amendment 1: Bill of Rights: “” Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. “” Ratified effective December 15, 1791. There is nothing in the Constitution, or the Bill of Rights, or the Declaration of Independence, about homosexuality——only defined as a SIN in many religions…and homosexuality has been part of the human race, and the animal kingdom, WAY before the founding of the United States….
By Patty E on 11/11/2008 1:06 pm
John G
Much better said than I, DeB. Thank you.
By John G on 11/11/2008 11:24 am
Sandbee (FB) 54
I just don’t understand the fear these people have of giving equality to all. They are not taking any rights away from themselves. They must live very frightened lives.
By Sandbee (FB) 54 on 11/11/2008 11:56 am
Tee Zee
Agreed, we are a much stronger country when the same rights apply to all people not just some of the people. These rights should not be decided by any majority especially when it was obtained deceptively.
By Tee Zee on 11/11/2008 12:29 pm
Maurine H
Here’s the link to the petition to repeal Prop. 8. If you’re a Californian and you want to add your voice against this proposition, please sign and send it on. http://www.couragecampaign.org/page/s/repealprop8
By Maurine H on 11/11/2008 12:31 pm
Elizabeth Bennett
The Yes on 8 campaign was one of the most deceptive campaigns I have ever seen. If you looked only at the campaign commercials, you would think that the court decision required every kindergarten student to study up on sex, that any minister would be arrested for refusing to conduct a marriage ceremony because her religion did not endorse same sex marraige, that churches would lose their tax exemptions for marrying only opposite sex couples, an so on. The Central Valley delivered the most votes in favor and since I don’t live there I can’t tell you want sermons were delivered or what commercials were shown there that seems to have struck people senseless. The very California Supreme Court decision issued in May of this year which recognized the legality of same sex marriages specifically dealt with the church issue, noting that the first amendment to the constitution guaranteed freedom of religion. [So no clergy in jail and no tax exemptions lost.] The opinion is here—- http://www.latimes.com/media/acrobat/2008-05/38894545.PDF Anyway, I think that without the deception advertising campaign, Proposition 8 would not have won and could not have won. As people begin to understand just how many lies were told, I think things will change.
By Elizabeth Bennett on 11/11/2008 12:38 pm
Maurine H
And thanks to the millions of dollars contributed by the Mormon church which underwrote some of the most deceptive ads. Once again, the hypocrisy of religious groups that continually preach the Golden Rule.
By Maurine H on 11/11/2008 2:27 pm
Elizabeth Bennett
I once had a minister who said a church was not a club for saints, but a support group for sinners. In this case, it seems like it became a political club for liars. I love it that demonstrations have been focused on those very churches that supported that deceptive campaign.
By Elizabeth Bennett on 11/11/2008 6:50 pm
Kathleen Oliver
Why is it, I wonder, that religionists seem to become the most unethical precisely when they are most passionately defending their ‘morality’ positions?
By Kathleen Oliver on 11/13/2008 12:19 am
Patty E
manipulation WON? gee—-how could that be? I am being facetious. The ‘art of persuasion’ has taken a nasty turn the past 8 years or so….the campaign this year, had more opportunity to become ‘excited’, by its’ mere length, for one, but also because there were a lot of ‘shift happens’ events….fed by nothing more than a bunch of blatant lies being told by SOME of the candidates and their surrogates—-and they called it ‘politics’…then justified those lies with ‘it has been worse than this in the past’. Personally, I am offended when someone purposely lies to me—-why? They assume I am stupid, and cannot read, hear, or see, or that I have a brain, and can think for myself!
By Patty E on 11/11/2008 1:15 pm
John G
CA (and other) Public Officials/Organizations that paid money to ban Marriage Equality (PROP 8) Public Officials State Senators Senator Dick Ackerman Senator Sam Aanestad Senator Roy Ashburn Senator James Battin, Jr. Senator Dave Cogdill Senator Dave Cox Senator Jeff Denham Senator Bob Dutton Senator Tom Harman Senator Dennis Hollingsworth Senator Abel Maldonado Senator Bob Margett Senator Tom McClintock Senator George Runner Senator Mark Wyland Assembly Members Assemblyman Greg Aghzarian Assemblyman Joel Anderson Assemblyman John Benoit Assemblyman Chuck Devore Assemblyman Bill Emmerson Assemblyman Guy Houston Assemblyman Bob Huff Assemblyman Rick Keene Assemblyman Doug LaMalfa Assemblyman Bill Maze Assemblyman Mike Duvall Assemblyman Alan Nakanishi Assemblyman Roger Niello Assemblyman George Plescia Assemblywoman Sharon Runner Assemblywoman Audra Strickland Assemblyman Van Tran Assemblyman Michael Villines Assemblywoman Mimi Walters Local Elected Officials Mayor Candace Andersen, Town of Danville Mayor Neil C. Blais, City of Rancho Santa Margarita Michael Calta, Chino Valley Unified School District Dick Daniels, Escondido Councilmember Mayor Curt Hagman, City of Chino Hills San Diego County Supervisor, Bill Horn (District 5) Mayor Eric King, City of Folsom Mayor Pro-Tem Dan Kirby, City of Monrovia Placer County Supervisor Bruze Kranz (District 5) Imperial County Supervisor Wally Leimgruber (District 5) San Bernadino County Supervisor Brad Mitzelfel (District 1) Linda Lindholm- Laguna Niguel Councilmember Mayor Jeff Miller, City of Corona Mayor Pro Tem Leroy Mills, City of Cypress Mayor Pro Tem Robert Ming, City of Laguna Niguel Mayor Randall Norton, Town of Duncan Mayor Curt Pringle, City of Anaheim Frank Ury- Mission Viejo Councilmember Mayor Todd Seymore, City of Cypress Mike Spence, West Covina Unified School Board Member Mayor Pro Tem Justin White, City of Chowchilla Marie Waldron, Escondido Councilmember Mayor Dennis Yates, City of Chino Other Public Officials Ken Campbell, Placer County Republican Chairman Former Assemblyman Ray Haynes Former Assemblyman Tim Leslie Churches & Ministries A. V. Alpha & Omega Ministries, Palmdale Abundant Life Assembly of God, Copeland Abundant Life Christian Fellowship All Seasons Ministries, El Cajon Alpha and Omega Arlington Apostolic Church, Riverside Alpine Anglican Church, Alpine Amador Family Fellowship Baldwin Park Church of Christ Bethel Christian Fellowship Bible Fellowship Church, Ventura Biggs Community Assembly of God Bright Mission Chapel Bundy Canyon Christian Church and School, Wildomar Calvary Assembly of God Calvary Assembly, Milpitas Calvary Baptist Church Calvary Baptist Church, Modesto Calvary Chapel of the Harbour Calvary Chapel Chino Hills Calvary Chapel Rancho Santa Margarita Calvary Christian Center Calvary Church Calvary Temple Camarillo Community Church Canopy of Prayer Ministries Canyon View Church of Christ, San Diego Cathedral of the Blessed Sacrament Centerpoint Church Central Baptist Church of Indio Centro Cristiano Pan De Vida Chapel in the Pines, Arnold Chinese Evangelical Free Church, Monterey Park Chinese Grace Bible Church, Sacramento Christ Driven Church of Fowler Ca. Christian Life Assembly Christian Life Center Christian Life Tools Christian Outreach for Armenians, Glendale Church of Christ, Upland Church of the Living Christ Church of the Living God of Perris Church of the Nazarene Church of the Rock Church of Scientology of San Diego Community Counseling Services, Inc. Community Christian Alliance Church Core Christian Fellowship, Murrieta Cornerstone Baptist Church Cornerstone Baptist Church, Nicholasville KY Cornerstone Christian Church, El Dorado Hills Cornerstone Community Church of San Clemente Cornerstone Fellowship, Livermore CrossPoint Community Church of the Nazarene Dan Kricorian Ministries Int’l Dayspring Christian Fellowship Desert Stream Ministries Destiny Faith Center Divine Mercy Knights of Columbus (14158), Natomas Door of Faith Ministries International East Clairemont Baptist Church, San Diego Eastside Christian Church El Cajon Wesleyan Church, El Cajon Elsinore Christian Center, Lake Elsinore Evangelical Free Church of Walnut Faith Chapel Church of God in Christ, San Diego Faith Community Church by the Sea, Encinitas Faith Tabernacle Faith to Faith Fellowship, Temecula F.C.F. Int’l Ministries Filipino American Community Church First Baptist Church Anaheim First Baptist Church of Fillmore First Baptist Church of Hesperia First Baptist Church of Menlo Park First Baptist Church of Taft First Baptist Church, Lomita First Evangelical Church of Cerritos First Fil-Am Christian Church First Foursquare Gospel Church of San Jose, San Jose First Fundamental Bible Church of Monterey Park First Presbyterian Church, Amarillo TX First Southern Baptist, Yucca Valley Fontana Foursquare Church Foxworthy Baptist Church Free Indeed Christian Fellowship, Perris Freedom Community Christian Church, Perris Freewill Missionary Baptist Church, San Diego Freewill Missionary Baptist Church, San Diego Friends Church, Yorba Linda Friendship Christian Fellowship Church, Moreno Valley Gem of the Valley Church, Murrieta God’s Word Church, Apple Valley Golden Altar Ministries, San Jose Golden Gate Christian Church Hamilton Square Baptist Church Harvest Christian Fellowship Heart of the Canyons Church High Desert Church, Victorville Highland Springs Fellowship, Banning Hillsdale Baptist Church, North Highlands Hope Vineyard Church, Santa Clarita House of Luke, Hemet Independent Church of Lake Elsinore Irvine First Chinese Baptist Church Joy Ministry for Christ, Los Angeles Jubilee Family Church, Oskaloosa IA Kingdom Conditioning Ministries, INC. Koinonia Evangelistic Center, Moreno Valley Lake Murray Church, Assemblies of God Life Center Church, Lakewood Light by the Bay Church, San Lorenzo Lighthouse Assembly of God, Murrieta Lighthouse Community Church, Lathrop Live Ride Christian Church Living Faith Christian Fellowship, Garden Grove Living Stones Ministries Living Word Christian Church, San Diego Love and Unity Church of God in Christ, Compton Luke Four Eighteen Ministries International, Temecula Maranatha Chapel Maranatha Chapel, Rancho Bernardo Menlo Park Community Church of God in Christ, Menlo Park Meridian Southern Baptist, El Cajon Mount Pisgah Baptist Church, San Diego Mountain View Community Church, Temecula Mount Zion Assemblies Napoleon Washington, Jr. Evangelistic Assn. Nations Harvest Church, Sunnyvale New Birth Kingdom Covenant New Covenant Ministries Christian Fellowship New Day Church New Destiny Christian Church, Inc. New Life Presbyterian Church New Light Church of God, Riverside New Seasons Church Newhall Church of the Nazarene New Venture Christian Fellowship Northside Christian Church Oasis of Faith Christian Center Oroville Nazarene Church Our Lady of the Redwoods Catholic Church Our Redeemer Lives Church, Lake Elsinore Paradise Hills Southern Baptist Church Progressive M.B.C. of Berkeley Rancho Baptist Church, Temecula Ray of Hope Church, Pomona Redemption Christian Fellowship Refuge Ministries Resurrection Power Ministries Revival Christian Fellowship, Menifee Ripon Grace Brethren Church Rose Drive Friends Church, Yorba Linda Rubidoux First Assembly of God San Antonio Heights Community Church, San Bernardino San Diego Christian Worship Center, San Diego San Jose Church of Christ, San Jose San Jose Foursquare Church, San Jose San Jose Open Bible Church, San Jose San Jose Word of Faith Christian Center, San Jose San Mateo Pro Life Santa Rosa Diocesan Council of Catholic Women Set Free Ministries of San Diego, San Diego Seventh Day Sabbath Second Advent Church Sierra Madre Congregational Church Shepherd of the Hills Skyline Wesleyan Church, El Cajon Solid Ground Brethren in Christ Church, Alta Loma Sonoma Valley Community Church South Coast Christian Assembly South Valley Christian Church, San Jose Southwest Christian Church, Temecula Southwest Community Church, Indian Wells Spirit Life Worship Center St. Andrew Orthodox Church St. Joseph Church St Timothy Orthodox Church St. Mary Catholic Church St. Patrick’s Church State College Blvd. Church of Christ, Anaheim Survivors of Assault Recovery/Living Word Christian Church, San Diego TEN27 Church The Bridge Church The Calvary Chapel Churches The Church of God of Prophecy, National City The Church of Jesus Christ of Latter-Day Saints The Home Church, Campbell The Oasis Foursquare Church The Rock Church, San Diego Trinity Baptist Church Tyler Baptist Church, Riverside Valley Christian Church, Chino Victory International Church, San Mateo Victory Outreach of Eagle Rock Vineyard Family Christian Fellowship, Downey Vista Hope Church of the Nazarene Voices of Hope Ministries Whittier Church of Christ, Whittier Wildwood Calvary Chapel Windsor Hills Baptist Church, La Mesa Word of Life Ministries Int’l, Riverside Word of Truth Ministries World Overcomers Church International Zion Christian Fellowship, Spring Valley Zion Lutheran Church, North Highlands, CA Organizations Active Christian Media Advocates for Faith and Freedom Agudath Israel of California Alliance Defense Fund, serving as Legal Counsel American Family Association American Veterans Christian Alliance Americas Hope Armineh Chelebian for State Assembly 40th AD Association of Christian Schools International, Northern and Southern Districts of CA Bakersfield Republican Assembly Bethel Baptist Academy Brethren in Christ Church Pacific Conference California Catholic Conference of Bishops California Catholic Women’s Forum California Family Alliance California Family Council Capitol Resource Institute Catholics at Work Catholics for Protectmarriage.com Catholics for the Common Good Celebration Center, Modesto, CA Center for Reclaiming America CFFC-LA Christians OnDemand Communities of Western Washington African American Healthy Marriage Initiative Comunidad Cristiana Internacional Campus Los Angeles Seasoned Sisters Bill and Pam Farrel Marriage and Family Communicators National Organization for Marriage FHR Christian Citizenship Council of San Diego Christian Educators Association International Christian Examiner Newspaper Concerned Women for America Confraternidad Hispaña Bautista de California (Hispanic Southern Baptist Fellowship) Coral Ridge Ministries Creation Research of North America Creation Research of the North Coast Dobbins/Oregon House Action Committee Duncan Hunter for 52nd Congressional District Eagle Forum of California Eagle Forum of Sacramento East County Refuge Center El Camino Christian Fellowship ElectionForum.org Evidence for God from Science Faith2Action Faith 316 Family Leader Network Family Research Council Father Neil W. Seidl Council # 13672 Focus on the Family Foursquare International G51 Group Golden State Association of Christian Schools Government for the People Holistic Integrated Services Foundation (HIS), Fullerton Home Fellowship Home Instead Senior Care - Fresno & Modesto Iglesia de la Colina - RCA Ignite Youth/New Wine Church Institute for Families and Taxpayers Jewish New Testament Publications, Inc. Kerigma Entertainment Knights of Columbus Council #3052 Knights of Columbus Frances Cabrini Council #8879 Knights of Columbus St. Elizabeth Council #8747, Milpitas Knights of Columbus St. Michael’s of Marin Council #10530, Novato Knights of Columbus Council #12887, Roseville Knights of Columbus Council #11724, Sacramento Knights of Columbus Orange County Knights of Columbus San Jose Knights of Columbus St. Raphael Council #1292, San Rafael Koinonia Sports & Fitness Assoc. La Familia Hispana Legacy Law Foundation Liberty Counsel Life After Foster Care Los Angeles Community Builders Inc Lydia Gutierrez for State Senate Marriage and Parenting Students of Christ (MAPS) Meridian Magazine Network of Politically Active Christians North Coast Republican Club One Heart Foundation Organized Business Council Orthodox Union Pacific Justice Institute Pastors Rapid Response Team (Pastors in Coalition with ProtectMarriage.com) Preserve Liberty Proposition 22 Legal Defense and Education Fund Public Awareness Ministries Rancho Bernardo Baptist Church Rancho Del Rey Church RelayFast08 Republican Party of Riverside County Revive Indonesia Sacramento District Church of the Nazarene SanDiegoAnglicans.com Sonoma County Republican Party Southbay Crossing St. Mary’s Charismatic Prayer Group The Center for Teaching the Constitution The Holy Name Society The Knights of Columbus, Council 1346, San Mateo, CA The River Worship Center The Rock of Roseville The Western Center for Law & Policy Traditional Family Coalition Traditional Values Coalition Trinity Life Solutions NorthBay Neonatology Associates, Inc. Families First Counseling Services Ebmeyer Charter & Tour Superior Organizing Services Ventura County Christian Leadership Council Come Let Us Reason Environmental Geology Services 54th AD Republican Central Committee United Families California Values Advocacy Council VOCAL Californians for the Preservation of Family & Marriage Wycliffe Bible Translators, Temecula
By John G on 11/12/2008 4:10 pm
Belinda Joy
The one aspect to posting an opinion on a community site such as this one is that once you put your words out there….they’re out there. Sometimes they can be taken out of context, but for the most part they are in black and white for the entire world to see. And on this subject I have not been shy about my inability to support gay marriage. Without going into detail, I recently had a life and death scare and have been bed ridden for the last week and a half. It gave me a lot of time to think, introspect on a whole host of subjects. With nothing more to do I watched a lot of cable news, a lot of shows covering politics and certain poll results; and the number one contradiction I noticed was America’s ability to see past color by putting Obama in the White House, yet hang on to a ban against marriage for gays. It made me think, what is my fear for two men or two women to be afforded the same opportunity for a union that I can partake in? Why do I care if gays or lesbians choose to marry? How does that negatively impact my life? The answer is it doesn’t. I finally get it. I know a lot of people who are opposed to gay marriage and speaking for myself, I am going to do all that I can to encourage the same epiphany I now have in them. Allow my voice to be one change that will change another and another and another…… It took 48 years for me to change in this regard, but better late than never.
By Belinda Joy on 11/12/2008 6:51 pm
Kathleen Oliver
So glad you’ve survived, Belinda Joy. Thanks for posting your process: I really appreciate it. A car in a deep rut or a bicycle in a rut has a difficult time getting out of that rut. Speaking from my own experience, I wonder if most of our human thinking isn’t usually rutted thinking. Evidence contrary to our thinking isn’t usually enough to change it (and us): it often takes a pretty great jolt to bounce us out of a rut. Sadly, this is how it seems to work with me, anyway. Wish it were otherwise. One shock that has helped change my thinking is my inability to detect actual logic in the popular anti-gay arguments. The oldest sing-song is that gay unions “threaten marriage”. I am a woman married to a man: I have never felt that my marriage was threatened by gays. I have never heard of a couple whose marriage failed because gays exist in the world. So what is the nature of this “threat”? No one ever specifies. A couple of weeks before the election, the LDS lobbied our local church board, imploring them to officially support Prop. 8. One of their chief arguments was that marriage among homosexuals would make marriage “more and more meaningless”. Trying to puzzle this out, I thought: “If gay couples are awarded the same legal rights and responsibilities that my husband and I have (very serious business, too), that contributes to … meaninglessness?” Sorry, but there’s no logic there that I can detect. The LDS rep. went on to insist that children must be protected from learning about same-sex relationships in school. Apart from the question of why this should be necessary in the first place, is there any logical reason to think it is even possible to keep students in the dark? Families are not all the same: are we expected to believe that students do not talk to each other? They also have access to the internet and to TV; in fact, they have been bombarded with political advertising about same-sex marriage. Yet (somehow!) it is imperative that these youngsters not learn about same-sex marriage in school, because it would be injurious for them to find out about it. Oh, please. [I hate to admit this, but apart from a few very specialized areas of knowledge, young people know more about almost everything than I do: but I’m being asked to help keep _them_ in the dark? Dream on.] Well, the list of nonsense arguments goes on and on. The only way I can rationalize how nonsense arguments can be so successful is to suppose that humans have very sensitive hate and fear receptors (and generally feel vaguely threatened by people who are not like us) while the logic processing circuits may be … what? … rusty from disuse? It grieves me that I never hear anyone discuss the notion that our own freedoms (of speech, of religion and so on) are only secure so long as these freedoms are protected for people who are __not like us__. [This is a subject which I ruminate over here: http://www.wowowow.com/post/whoopi-goldberg-we-have-finally-become-part-… ] Since we (usually) can’t be bothered to ponder such things, we see groups who know what it means to be persecuted (like the Mormons) eagerly promoting discrimination against others. Something that never changes is dead. Belinda Joy, the very best evidence there is of being alive is the ability to change. Clearly, you are very much alive.
By Kathleen Oliver on 11/13/2008 2:03 am