Brown asks state high court to overturn Prop. 8

The California State Attorney General Jerry Brown brings up a good point and one that I believe is at the heart of the gay marriage issue. Do heterosexuals have the right to deny homosexuals the same rights they enjoy? Doesn’t life, liberty and the pursuit of happiness cover all Americans or just the heterosexual ones?

I don’t think it matters what our personal feelings are about homosexuality, what matters as far as I’m concerned is that homosexuals who are American citizens have the same inalienable rights that I have. I find the argument that homosexuals getting married somehow threaten heterosexual marriage disingenuous…..what threatens heterosexual marriage the most is divorce, yet every state in this country allows for divorce as do most churches.

Bob Egelko, Chronicle Staff Writer
Saturday, December 20, 2008

(12-19) 19:43 PST SAN FRANCISCO — State Attorney General Jerry Brown, in a surprise turnabout, asked the California Supreme Court on Friday to overturn Proposition 8, saying the voter-approved ban on same-sex marriage violates basic rights guaranteed in the state Constitution.

Brown, who is required to defend state laws unless he cannot find reasonable legal grounds to do so, said after Prop. 8 passed Nov. 4 that he would support the initiative before the state’s high court.

But in a lengthy filing late Friday, he argued that the constitutional amendment was “inconsistent with the guarantees of individual liberty” in California’s governing charter.
REST OF ARTICLE

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10 Responses to Brown asks state high court to overturn Prop. 8

  1. HonestAmerican says:

    http://www.bible.ca/s-homo=sin.htm

    Sage Reply:

    As I said, this isn’t a theocracy and many people aren’t Christians. So the Biblical argument is only relative to those who choose to believe in it.

    Nowhere in the New Testament will you find anything to support the idea of forced adherence to Christian beliefs. Christianity is about changing the heart of a person, not legislating their behavior.

    jethro Reply:

    I thought you guys lived in a democracy. California voted against gay marriages. Was it only heterosexuals who voted against gay marriage. I would say not. You guys are really mixed up and to overturn (if successful) Proposition 8 after being democratically voted for, says that you are not a democracy.

  2. Sage says:

    Democracy thought slavery was ok as well, Jethro. It has always been the responsibility of the government to protect the minority from the majority.

    jethro Reply:

    Sage, you quoted, ‘Democracy thought slavery was ok as well, Jethro. It has always been the responsibility of the government to protect the minority from the majority.’

    This has nothing to do with slavery. This has a lot to do with marriage which is a Christian ceremony. And, just who is protecting who. If you lose your democracy, the majority vote rules, then you guys are in very big trouble. Dictatorships do not work for long. Every person has the right to equal rights etc. But you guys always pick on Christianity……and as far as I am aware, black American Christians also voted against gay marriage, are they a minority, are they as protected against other minorities, or not because of there beliefs. What about children, another minority and a minority without rights such as having a mother and a father,etc. Sometimes, you can sound so hypocritical. Why have a democracy if it not democratic?

    Sage Reply:

    Jethro….you are wrong on so many counts I don’t know where to start.

    Since when is marriage a Christian ceremony only? Do Hindus not marry? Muslims? Atheists? Nobody is saying that churches have to marry homosexuals if they don’t choose to. Churches have the choice now of who they will and won’t marry.

    As for Democracy….we don’t even have a constitutional right to vote. States have a right to choose electors to the electoral college but we aren’t guaranteed the right to a general election in the Constitution.

    I’m sorry that you as a Christian feel picked on. I’m a Christian and I don’t feel picked on. This isn’t a religious argument….it’s a legal and constitutional argument. ALL are created equal and have the right to life, liberty and the pursuit of happiness. If you disagree with that then it is YOU who does not believe in a true Democracy. It sounds like what you want is a Theocracy….if that’s so you will probably have to move to Iran but of course that isn’t the right religion.

    Discrimination is an ugly thing.

  3. HonestAmerican says:

    What’s important to remember here is that TWICE the voters of California have clearly voted to keep marriage between a man and a woman.

    The second thing to remember here is that if a Federal court or a lowly State Attorney General can consistently overturn the will of the voters without their permission, then we have lost democracy and America is dead.

    We then have a dictatorship and we may as well stop having elections.

    Sage Reply:

    I think what’s important to remember is the intention of the constitution….ALL men are created equal and ALL have the right to life, liberty and the pursuit of happiness.

    The will of the majority has often been to discriminate against the minority and it IS the place of the courts and the government to see that doesn’t happen.

    I have no problem with the courts stepping in when the majority is bullying the minority.

    The majority in the south that slavery was ok. They thought the Jim Crow laws were ok. The majority thought women shouldn’t have the right to vote. So, I really don’t have a lot of faith in what the majority wants.

  4. Al says:

    Off subject folks, but just wanted to stop in briefly and wish Sage and everyone a safe and happy holiday celebration. Will stop by again next year to catch up on this interesting blog. Happy Holidays!

  5. Sage says:

    Hi Al….thanks. And I hope you have a great Christmas and New Year.

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