we have elections to choose people to run our government and make the decisions that we're talking about.
As of now, the genius of the people have created an ammendment which directly contradicts the state constitution (as determined by the state supreme court).
If we let the majority rule in these types of issues we'd probably still have slavery (I'm sure people in the south were pretty happy with that arrangement) much less segregation.
The court looked at Prop. 8 and so did the state Attorney General, as it was submitted to be put on the ballot, before the CA court ruled against Prop. 22 (the marriage law, voted in 2000).
Regardless how the court ruled, Prop. 8 would have been on the ballot. If there were any clashes between it and the state constitution, the court and the AG should have dealt with it six months ago.
My personal opinion is that the court's and AG's plan backfired on them, as they were expecting Prop. 8 to fail. That would have washed their hands of this issue entirely and allowed them to say that they made the right call by legalizing gay "marriage" AND that they let the people vote on the matter.
It appears that the big issue now is what happens to the estimated 18,000 licenses given to gay couples, prior to Nov. 5. The court will have to decide whether or not Prop. 8 is retroactive.
do you agree that had the ballot initiative process existed in the 1950s and 1960s, whites would still not be allowed to marry non-whites, and we'd still have separate but equal schools? should the will of the majority always prevail?
Maybe, maybe not! I already mentioned that, unless it runs foul of the federal Constitution (which marriage amendments DO NOT), the people's vote makes the call.
The fact that whites couldn't marry non-whites (but different non-whites could intermarry each other, which flew in the face of the so-called Racial Purity Act) showed that the issue wasn't purity of race but white supremacy, which ran AFOUL of the U.S. constitution.
A) According to California law, minor changes can be made with the ballot initiative with a 50% + 1 vote. Core changes require 2/3rd vote by the legislature and then 2/3rds vote by the people. Is this a minor change or a core change? Making an exception to the equal protection clause seems to be a core change.
B) there are now two laws/rulings in the California constitution that seem to conflict: 1) gays must be treated equal when it comes to marriage, 2) gays cannot be given marriage licenses. the only way to meet both laws is to not give marriage licenses to anyone
Sexual preference makes no difference, when it comes to marriage laws. No matter how much homosexual behavior you'd exhibit or sex acts in which you engaged (past or present), if you bring someone of the OPPOSITE sex to get a marriage license, you get one.
This is about defining marriage itself, not defining who gets to participate in marriage. If marriage were simply defined as a union of any two adults, that'd be one thing. But, it is clearly defined (once again) as union between one man and one woman. Gay or straight, it's one man one woman. Not wanting marriage with someone of the opposite sex and not being able to marry someone of the opposite sex are two different issues.
As I've said multiple times, if those who support gay "marriage" want the definition changed to, as listed above, a union of any two adults, there is NOTHING stopping them from doing what their opponents did: Start petitions and initiatives, get several hundred thousand signatures, get the amendment placed on the ballot, and have the people vote on it.
If they don't get it done the first time, then try again. Look what happened in Arizona. Two years ago, a marriage amendment didn't pass; but, the traditional marriage advocates didn't stop there. They tried again, got another amendment on the ballot (one that left unmarried couples, hetero or homo, out of the equation) and they passed it.