Display:
Damn right. As the Massechusetts supreme court already decided

The court found that Massachusetts may not "deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex who wish to marry" because of a clause in the state's constitution that forbids "the creation of second-class citizens

I simply fail to understand why that doesn't apply to all states. A marriage ban should be unconstitutional everywhere becasue all Americans are equal before the law.

keep to the Fen Causeway

by Helen (lareinagal at yahoo dot co dot uk) on Thu May 15th, 2008 at 04:37:07 PM EST
[ Parent ]
You're joking, right?  It took us -- what, almost a hundred years after the end of slavery to finally agree at the national level, "Uh, guys, we weren't kidding about the whole 'Negroes are Equal' thing, bokay?"

We'll get equal rights for same-sex couples at the national level eventually, and I think it's probably sooner than we sometimes would guess.

Conservatives want live babies so they can raise them to be dead soldiers. - George Carlin

by Drew J Jones (myfriends@thisispancakes.com) on Thu May 15th, 2008 at 05:32:52 PM EST
[ Parent ]
i think its just surprise that there's not a similar clause in every states constitution.

Any idiot can face a crisis - it's day to day living that wears you out.
by ceebs (ceebs (at) eurotrib (dot) com) on Thu May 15th, 2008 at 05:37:27 PM EST
[ Parent ]
The states write their own constitutions, so they can say whatever they want.  But it shouldn't matter.  Anybody who isn't a religious nut should recognize that equal justice under the law granted at the federal level trumps state constitutions under the supremacy clause.

Conservatives want live babies so they can raise them to be dead soldiers. - George Carlin
by Drew J Jones (myfriends@thisispancakes.com) on Thu May 15th, 2008 at 05:42:50 PM EST
[ Parent ]
If the state amended its consitution to once again ban same-sex marriage, LGBT could appeal to the Supreme Court to find the amendments in violation of the federal equal protection. But it isn't certain that they would win the appeal, or even be heard.

Member of the Anti-Fabulousness League since 1987.
by Ephemera on Thu May 15th, 2008 at 06:34:53 PM EST
[ Parent ]
I doubt those who oppose same-sex marriage have the votes to pass a constitutional amendment in California.  Arnold opposes an amendment, and the legislature's controlled by the Dems.

The US Supreme Court wouldn't likely hear the case.

Conservatives want live babies so they can raise them to be dead soldiers. - George Carlin

by Drew J Jones (myfriends@thisispancakes.com) on Thu May 15th, 2008 at 06:37:08 PM EST
[ Parent ]
True, but it was just and 'if'. The federal law doesn't automatically mean that the state couldn't move to ban it again.

Member of the Anti-Fabulousness League since 1987.
by Ephemera on Thu May 15th, 2008 at 06:44:35 PM EST
[ Parent ]

Display:
Login
. Make a new account
. Reset password
Occasional Series