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Wednesday, May 27, 2009

PROP 8 BATTLE FAR FROM OVER.....

Personally, I feel the California Supreme Court made a gargantuan error in upholding Prop 8 yesterday. Where and when does a state constitution override our Federal Constitution? The "equal" rights that these people deserve was thrown under the bus...literally.

Ted Olson, who was Bush's Solicitor General, is now leading a push to the federal level, to ensure that California honors the equality of marriage - no matter the gender.

I am shocked that Ted Olson has taken this stance, considering his prior conservative stances. Plus he is the attorney who argued Bush back into the WH over Al Gore. Also, I have sympathy for the man, as he lost his wife on one of the planes, on 9/11.

This is his statement to Bryon York of the Washington Examiner.
"I personally think it is time that we as a nation get past distinguishing people on the basis of sexual orientation and that a grave injustice is being done to people by making these distinctions," Olson told me Tuesday night. "I thought their cause was just."

I asked Olson about the objections of conservatives who will argue that he is asking a court to overturn the legitimately-expressed will of the people of California. "It is our position in this case that Proposition 8, as upheld by the California Supreme Court, denies federal constitutional rights under the equal protection and due process clauses of the constitution," Olson said. "The constitution protects individuals' basic rights that cannot be taken away by a vote. If the people of California had voted to ban interracial marriage, it would have been the responsibility of the courts to say that they cannot do that under the constitution. We believe that denying individuals in this category the right to lasting, loving relationships through marriage is a denial to them, on an impermissible basis, of the rights that the rest of us enjoy…I also personally believe that it is wrong for us to continue to deny rights to individuals on the basis of their sexual orientation."


Read more at America Blog.

This is a good sign, and if successful - I would imagine the remaining states will be giving a closer look to the issue - those that haven't already seen the light.


It is now time for all those right wingnuts to "pull their head out of their collective asses" and get with the program. Listen to the pleas - put down your book of fiction that you claim has all the answers, and realize that book is just something you all hide behind!


I have a little cleaning to get to, so I may return....later..........

9 comments:

Immortal Woman said...

Olson makes a valid point. The state is on the verge of financial collapse and all they are working about is who loves who? Politicians usually pull this subject (or abortion) in to get people distracted from other problems.

Randal Graves said...

I always figured they'd be happy to support the future nuptials of men like Larry Craig and Mark Foley. Oh well.

MommyLisa said...

Excellent points. And yes, it feels odd when someone from "the other side" agrees with you.

everyone has the opportunity to open their mind.

Grandpa Eddie said...

I think that this is a big part of the reason that the Rethugs are so pissed about Obama's SCOTUS pick.

If this were to come before a court that leaned to the left, it would definitely get the nod.

LL Cool Joe said...

Excellent photo!

Susan said...

I had hoped the Court would take a farther reaching view of the issue. I think they took the easy way out knowing the fight will go on one way or another.

It is frightening to think of all the propositions which could be voted into law - those in the religious right should be afraid as far as I am concerned!

Woody (Tokin Librul/Rogue Scholar/ Helluvafella!) said...

One ansd only one reason the Court didn't overturn Prop 8: They have to face election.

That's it.

They split the baby to save their largely irrelevant asses...

I am glad there seems finally to be some impetus to prosecute this issue through the application of th 14th Amendment, either the Equal Protection clause and/or the viat substantive Due Process...

Personally, it seems to me to be such an unequivocal slam-dunk 14th Amendment decision, it cannot be upheld without, in effect, nullifying the 14th Amendment.

I hope the OPUS DEI-ists do not think it their responsibility to do so, though i am not optimistic. I DO think/fear that the Roberts slime-Scalito, Thomas & Kennedy--were actually installed to do precisely that.

助けて~! said...

凄く困ってます☆ love-cac@docomo.ne.jp すぐに連絡ください

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