By David Schoetz

May 26, 2009 11:16pm

Closing Argument: Gay Marriage and California

In a 6-1 ruling today, the California Supreme Court upheld Proposition 8 — a controversial gay marriage ban passed by voters in the fall.  As for the 18,000 same-sex marriages that took place prior to the ban? They will be allowed to stand — a fact that provided little consolation to the gay-rights community. So tonight, we ask you: Should voters around the country get to decide if gay marriage is legal? Tell us what you think. And you can follow "Nightline" anytime on Twitter: http://twitter.com/Nightline.   

User Comments

Someone has to tell me how the ban is a bad thing for the gay community, doesn’t this take them one step closer to the supreme court? There is now way the SC will not over turn the ban.

Posted by: Charmane | May 26, 2009, 11:51 pm 11:51 pm

Gay Marriage is not a protected issue (telling Blacks they can’t marry Whites would be protected as civil rights). States can make their own marriage rules in this regard. In this case it is all right to put the issue to a vote to test local sensitivities.

Posted by: Maria | May 26, 2009, 11:51 pm 11:51 pm

Civil Rights should not be left to voters, unless, if they are voting against my rights they are also voting against their own.

Posted by: Ed Hayes | May 26, 2009, 11:51 pm 11:51 pm

The voters should not be the ones deciding about same sex marriage. The idea that a majority of voters can deny rights to a specific group is against everything I believe in about our country.

Posted by: Caroline Andrews | May 26, 2009, 11:51 pm 11:51 pm

There’s a reason the court exists, and that’s to make sure the tyranny of the majority doesn’t trample the rights of minorities. The California Supreme Court didn’t do it’s job today. They did the politically expedient thing by making what amounts to no decision at all.

Posted by: Richard S. | May 26, 2009, 11:55 pm 11:55 pm

If the state, has no right to define marriage as between a man and a woman, then the state has no right to define marriage for anyone; close relatives, multiple wives, etc. Though that thought is often dismissed by pro gay marriage spokesman, I have yet seen the legal argument that would discount it. Legislation is decided either by popular vote or their elected representatives. There are legal, economic, and social ramifications to this and policy should not be left in the hands of a few judges.

Posted by: Al Mitchell | May 27, 2009, 12:00 am 12:00 am

How long are we going to go back and forth. I’m gay and I don’t believe in gay marriage. Why do we want to mimic such an unsuccessful, hypocritical institution anyway. Let us have the same rights that other taxpayers have that we most certainly deserve… CIVIL UNIONS. Otherwise, give us a refund!

Posted by: Madisun Leigh | May 27, 2009, 12:11 am 12:11 am

no voters should not be able to tell someone they can’t marry someone even if it is the same sex, if they are in love then they should

Posted by: michael | May 27, 2009, 12:11 am 12:11 am

Yes. That’s the way the US Constitution is written.

Posted by: Larry | May 27, 2009, 12:12 am 12:12 am

Gay marriage should be banned. The courts are doing their job.

Posted by: Concerned Citizen | May 27, 2009, 12:12 am 12:12 am

I am thankful that judges actually ruled in favor of the people. The people supported this through their vote and those views must be upheld. Judges which make their own decisions contrary to the clear wishes of the people is not what democracy is about.

Posted by: Mary | May 27, 2009, 12:12 am 12:12 am

Rights are just that – rights. If civil rights had been voted on 50 years ago, there would still be segregation. The courts are supposed to make sure that religious morality does not supercede basic civil rights, and that is not what happened today.

Posted by: Mary | May 27, 2009, 12:12 am 12:12 am

The choice is up to the voters… taking this away will take away freedom and our 1st amendment! America is grouped by different beliefs, societies, religions, race and orientation. But to say that the Supreme Court has the right to take away the ban and Voters “Citizens of America” are left to the side.. will take away the very reason America is America! To bad our Government is taking control of our lives! What happen to America? Sign of the Times.

Posted by: Willie Cardenas | May 27, 2009, 12:13 am 12:13 am

Miss California had the right opinion i agree with her , Today was a great decision and all the states sould do the same.

Posted by: Victor | May 27, 2009, 12:13 am 12:13 am

Look at it this way, individual opinions are not what are in question. The decision puts Gay marriage one step closer to the US Supreme Court and if the history of this county (women’s rights, civil rights, etc.) has taught us anything, discrimination of any kind is NOT acceptable! No matter which side debate we take, discrimination of any kind in the US will not win! In about 50 years, people will look back on these decisions and wonder what took so long and why there was so much debate.

Posted by: Amanda R | May 27, 2009, 12:13 am 12:13 am

What happened to the majority rules? Our country if founded on our freedom to speak and the people of CA spoke.

Posted by: sheri | May 27, 2009, 12:17 am 12:17 am

If the State decides to grant some people something called “marriage,” it has to grant that same thing to all of its citizens. Equal protection means equal, not almost equal. We finally figured that out in the Civil Rights movement after decades of strife, thanks to the courts and executive prodding; civil rights for African Americans would NOT have passed popular voter referendums.
By the way, the argument about “close relatives, multiple wives, etc.” was central to denying couples of mixed race to marry in the middle of this century. It demeans people and their relationships as “less than” the normative condition. It was offensive and bigoted then, and it still is now.

Posted by: Jeff Ryan | May 27, 2009, 12:18 am 12:18 am

I think the American public should be able to vote on whether to allow gay marriage.

Posted by: Terry Riegle | May 27, 2009, 12:18 am 12:18 am

A gay marriage should be subject to majority vote only if every marriage is subject to such a vote. If we lump groups together for a majority vote, we deny fundamental individual rights. Unless we start looking at individuals, we miss that point. A gay couple’s marriage should be subject to a vote of the majority only if every couple’s marriaqge is required to be voted upon by majority rule.

Posted by: FB | May 27, 2009, 12:18 am 12:18 am

The public has an obligation to shape the culture we chose to live in. I believe a vote among the general population is the best; much better than allowing a few activist judges to decide what is best for the american citizens. The majority of American citizens believe Marriage must be between one man and one woman. If it isn’t we will have chaos and people will be allowed to marry as many people as then want. This is the best for the children and citizens of America.

Posted by: Clintion | May 27, 2009, 12:18 am 12:18 am

Why shouldn’t we as gays and lesbians have the same rights as everyone else. If left up to the people as voters we would be denied these rights as we are the minority. We should have survivors benefits like all the straights. We are the same as everyone else, we have the same problems and go through the same struggles in life, the only difference is the person we sleep with.

Posted by: Bela | May 27, 2009, 12:18 am 12:18 am

Voters should never have the right to deny a class of people equal rights afforded to anyone else. Issues such as gay marriage and many others should not be determined by anyone other than the person that lives in the given situation. I belive that the Good Book says: “You will be judged as you judge” The majority should never have the rule over the minority. As a free society and a society where people have died to defend freedom, let’s live and let live..Stop meddling in other people’s lives under the guise of the law. Laws should be made to protect legal law abiding citizens and to put criminals in jail, not to penalize people because they are different. Enough said..J. Rose

Posted by: J Rose | May 27, 2009, 12:19 am 12:19 am

No, this is a civil right that is being denied to same-sex couples. We wouldn’t think of allowing a vote regarding civil rights to other minorities – why are we making an exception and denying rights to same-sex couples. I believe that all unions, gay or straight, should be considered ‘civil unions’ – no differences, same rights extended to all. If couple want to go the extra step and have that union recognized by their religious affiliation as a marriage, and their RELIGION allows and accepts it, that is their perrogative and up to them and their church to decide. I think we need to keep the separation of church and state. LEGALLY – all unions should be considered equal…and civil.

Posted by: Bill in Wisconsin | May 27, 2009, 12:20 am 12:20 am

Why do they want a marrige and something like a “Union”

Posted by: Rich | May 27, 2009, 12:21 am 12:21 am

The State has the right to define what marriage is, it was won by popular vote by those living in the state. If other states want to propose legislation in this sort it is in their right. I am a supporter of traditional marriage and would want my vote heard if I lived in California. If the voters choice does not matter then where do we draw the line, do we overide the popular vote because a minority was not elected, or because we simply think that someones cival rights were challenged. People are not going to like this post, but I must put forth my opinion. I hold nothing against those who choose to live a homosexual lifestyle, but I to must put forth my vote and that is in support of the proposition.

Posted by: Craig | May 27, 2009, 12:22 am 12:22 am

Our legal system is such that the public does not decide on the legality of legal issues, they are not qualified to do so; it is the reason we have judges.
so why should the public decide on whether gay marriages are legal. why not on other issues, like flag burning, or whether people should be carrying guns everywhere- like in restaurants in Virginia for instance. The public has their biased opinions not based in law- this is a dangerous thing for our judicial system.

Posted by: Joyce | May 27, 2009, 12:24 am 12:24 am

I agree with Richard S. above, this is about the right to love, it didn’t take an admendment or law, for anyone of us to fall in love and make a commitment to another, so the idea that a majority or any public group can create barriors (descrinination) to love and marriage is wrong and against all the principal of civil rights. Gay Marriage should be allowed and anyone that wishes to marry, be allowed to have the same rights and benefits that others have enjoyed for centuries. After all is said and done, everyone that works and pays taxes, should have EQUAL RIGHTS, equal is equal, or do you have another definition?

Posted by: Jeff V. | May 27, 2009, 12:24 am 12:24 am

Yes, I believe that voters around the country should be the ones to decide if “Gay” marriage is legal or not. Why? Because voters around the country are the ones that will be affected the most by this decision. There are legal, economic,and social ramifications to this decision that those affected by it will have to cope with daily. This decision should not be left in the hands of a few judges whose decision might be self-serving whether pro or con.

Posted by: Trudy C. | May 27, 2009, 12:26 am 12:26 am

I believe as the Bible teaches that marriage is between a man and a woman. If GOD had wanted us to all remain to our own sex, he would have had Noah get sets of 4 animals not two, one male and 1 female for the Ark. Check it out, that book has all the rules including the ones that our Judicial system should be ruling by.
We are not “of the world, just merely passing through” and if more people would relate to that theory than to what is “of the world” we would all be a happier population of people.

Posted by: JILL | May 27, 2009, 12:26 am 12:26 am

To compare same sex marriage to traditional marriage is ridiculous.Personally, I feel it should never have got to this point because marriage is a religious issue, and if we speak religion everyone starts yelling because they about rights,while they know that same sex marriage is wrong.So the Church is wrong, the court is wrong, any entity that disagrees with same sex marriage will be wrong as far as gay people are concerned.I sincerely hope that more states stand up for what they know is right.n

Posted by: Pam C. | May 27, 2009, 12:26 am 12:26 am

To define marriage in the Bible is between a man and a woman. Not between man and man or woman and woman. This is worse than animals, you do not see two male dogs running after each other, or two female chasing each other.

Posted by: Art. N. | May 27, 2009, 12:27 am 12:27 am

Equality is already protected by the law. So what are equal rights for gays? These are United States citizens and yet they are denied equal rights. We did not depend on the people’s votes to ban slavery, give equal rights to women nor even the right to vote for all but we are letting them vote on equal rights for gays? What is wrong with this picture?

Posted by: G.Sanders | May 27, 2009, 12:27 am 12:27 am

This is a copy of the most intelligent comment submitted. Read it think about it and don’t dismiss the discussed extended ramifications. This is a State Law issue and is absolutely not a Constitutional Law issue.
“If the state, has no right to define marriage as between a man and a woman, then the state has no right to define marriage for anyone; close relatives, multiple wives, etc. Though that thought is often dismissed by pro gay marriage spokesman, I have yet seen the legal argument that would discount it. Legislation is decided either by popular vote or their elected representatives. There are legal, economic, and social ramifications to this and policy should not be left in the hands of a few judges.”

Posted by: JDS | May 27, 2009, 12:30 am 12:30 am

Gay marriage is neither a matter of religion or law. It is a matter of biology.
As Darwin proved, survival is the matter of the fittest. The fittest is determined by the dominants mating at the expense of the less fit.
While being the penultimate species, we are also unfortunately, sentient beings; we have the luxury of questioning the biological imperative.
We do so at our own peril, and to what end?

Posted by: Drew Foster | May 27, 2009, 12:31 am 12:31 am

What is wrong with you people in California? Please tell me how it affects your lives if Gay people get married? I’ll tell you how, IT DOESN’T. It’s your business what you follow and don’t follow as far as your religion goes. But when you start taking away the rights of others because of your beliefs that goes too far. Don’t fool yourselves into thinking this issue is anything else but people persicuting others based on their religious beliefs. I don’t care what you belive in, it doesn’t give you the right to take away the rights of others. So no I don’t think voters should be allowed to vote on this issue. If someone wants to get married, whatever sex they may be, then the should be able to and have all the rights afforded to them. Wake up people we live in the 21st century not the 18th.

Posted by: Against Bigotry | May 27, 2009, 12:31 am 12:31 am

Sure, voters in states should be able to outlaw gay marriage. Just as they should be able to outlaw voting – or property ownership – or reading and writing – by blacks, women, red-haired people, (insert least favorite minority here). The groups I listed are just some of those similarly discriminated against throughout history. Think about it. It’s a slippery slope. And I have never heard a logical, thoughtful answer to the question: How does gay marriage diminish or threaten heterosexual marriage? I think divorce should be outlawed. Study after study has shown that children of divorce are more apt to be more promiscuous, to experiement with alcohol and other drugs, and to be more likely to end up in unsuccessful relationships themselves.

Posted by: Bobbygale | May 27, 2009, 12:32 am 12:32 am

As most of us know the BIBLE speaks of marriage between a MAN and WOMAN not same sex. I don’t care how these people feel about each other if they want to live that life we as citizens don’t have to make it legal. Just because they fall for their own kind it don’t make it right in God’s eye so why should we be a part of something that’s sinful. They can live together as some men an women do and not marry each other. There is no need for all this protesting the world is in bad enough shape already. We need to be getting our lives together for our Saviors return.

Posted by: babygurl | May 27, 2009, 12:32 am 12:32 am

I believe states have rights to define their own laws except when they are in conflict the constitution of the US. I believe what California just did was in direct conflict to the constitution by placing gays as second class citizens. They should have the same rights as everyone else.
Reminds me of the racial intermarriage stuff from way back when, deep south kind of thinking and fear.

Posted by: Vicki | May 27, 2009, 12:35 am 12:35 am

What’s happening to our country. What is happening to our Civil Rights, our Freedom of Choice. This is suppose to be a Free Country. No one should have the right to tell anyone else who they can love or not love or marry or not marry. There should be equal rights for everyone. Live and let live.

Posted by: Chet | May 27, 2009, 12:35 am 12:35 am

yes i think we should be able to vote around the country i’m just sick of hearing about gay’s and there so called rights. you want to live a sick life keep it to your self. this world is in enough trouble. we are going to answer for alot of things as it is.

Posted by: peggy | May 27, 2009, 12:35 am 12:35 am

I don’t know what is going on here but the disrespectful comments attributed to me above ARE NOT MINE! I said something to the effect of:
Equal rights are protected by law but the gays don’t seem to have equal rights. Equality should not be left to the voters because if it were, we would not have equality for women, blacks or even the right to vote for many. The courts should decide and if they do, I believe they will get equality as defined by law.

Posted by: G.Sanders | May 27, 2009, 12:36 am 12:36 am

Marriage has been a specific definition ad eternity between a man and a woman. coitus was the definition of consumation. if that did not occur the marriage had not been consumated. I wound’t try to pin down the definition of consumation but the current deffinition has majorly changed.
IU personally don’t like the development bu I reqalaze chanh=ge will occur and whe have tosupport it]

Posted by: dennis desrosiers | May 27, 2009, 12:36 am 12:36 am

While the public has the right to have their voices heard, they do not have the right to determine the law, specifically if the law results in denying rights to citizens. When I fight for gay marriage, I am not fighting for a redefinition of the term, I am fighting for the legal benefits that come with marriage. I want to be the one that determines what treatment my partner receives if she falls ill, I want the option of joint insurance policies and the option of filing joint tax returns. In the eyes of the law, I want my relationship to be recognized. This, for me, is a secular issue, and to deny anyone one legal rights is unconstitutional, so if leaving the decision on gay marriage to the public runs the risk of religious beliefs influencing the outcome, then the public should not have the final say. What would this country look like if personal beliefs were what determined the law? Would we really still be able to call America the land of the free?

Posted by: Caroline | May 27, 2009, 12:37 am 12:37 am

It is not acceptable to redefine the marriage to something like Partner A and partner b. It should be upheld as husband and wife, to the least. Making gay marriage legal will lead to a lot of confusing legal issues that will hurt the majority and their families, etc.

Posted by: Peter Woo | May 27, 2009, 12:39 am 12:39 am

As a Christian, I am saddened by the decision, and saddened by all the hatred against gays that is done in Christ’s name. If there’s one thing I am sure of, it’s that Christ would most definitely be AGAINST Prop 8. So much casting of stones! Too bad these so-called Christians spent so much energy hating! If they were real Christians they would be out there trying to make this world better.

Posted by: Wayne | May 27, 2009, 12:41 am 12:41 am

What a country, where voters can determine whether a minority will be granted full and equal civil rights — or not. Has anyone wondered what would have become of the Civil Rights Act of 1964 if it had gone to referendum? What group will be disallowed to marry next? Perhaps the Irish-Americans or people over 65? How about those who have less than a standard I.Q.? If voters can take away my rights, they can take away yours (or anyone’s).
When I was in high school (I’m 57 years old) it was still illegal for a white person to marry a black person in 17 states. The day will come when the “issue” of gay marriage will be as much a non-issue as miscegenation is today. There will be whole generations who won’t understand what all the fuss what about.

Posted by: Obediah Fults | May 27, 2009, 12:41 am 12:41 am

Civil Rights are NOT to be left to the “opinion” of voters. EQUAL TAXES = EQUAL RIGHTS. Simple enough for ya?
I vote pro-freedom because I am a proud American. Freedom is something worth fighting for everyday.
-Joel

Posted by: Joel | May 27, 2009, 12:44 am 12:44 am

Yes, the voters should decide. Marriage is for one man and one woman. If we let same sex marry, then we should also let plural marriages happen as well. Marriage has always been opposite sex marrying.

Posted by: foghorn | May 27, 2009, 12:45 am 12:45 am

Yes, the voters should decide on gay marriage. And, it should be a national decision–not state by state.
Frankly Scarlett, I don’t give a damn on this issue. There are much bigger issues that the government of this country and the state and local governments should be working on–like getting us a single-payer nationalized pension system, a single-payer health-care system, defending the country and its borders, and reducing the overcrowding in the country to get the population back below 200 million.
There is a simple solution to the gay marriage issue. Marriage is a name that was already taken to mean a union between a man and a woman–long ago before any of us were born. So, rather than trying to change the definition of marriage, the gays should create there own term for a gay union. They can have all the same rights as go with a marriage. Just call it something else–like “parriage”, or “starriage”, or “gay union”, or anything else.
Alternatively, we could give the term “marriage” to the gays to use as a name for their unions, and we could invent some new term to denote a union between a man and a woman. But, either way, just use different names with the same benefits, and let’s get on with something important–you failed, miserable, sit-on-your-cans-and-do-nothing government!

Posted by: Proud Native American and Independent Voter | May 27, 2009, 12:45 am 12:45 am

We live in a democracy and people have the right to vote. They voted and this is the outcome. We have a Constitution, a Bill of Rights and a Declaration of Independence for our protection, for our freedom and for checks and balances. The court upheld the vote of the people just as they should have.

Posted by: Ayn | May 27, 2009, 12:47 am 12:47 am

The rule of the people overtakes – totally – the rule of a few judicial members. Judges can not dictate social mores for society; they have no right to strike down any decision made by citizen voters.
I hope every gay person is allowed the full privileges of marriage in the form of a civil union of some type acceptable to their community.
People show follow the Golden Rule, and the country would be in a much better place.

Posted by: Coco1101 | May 27, 2009, 12:48 am 12:48 am

Yes, the voters should be allowed to vote on laws of the land. Voters should be allowed to vote on more than what they are allowed to and the majority wins. Just like electing our president. Majority wins. A few elected people should not be allowed to make or break laws. To easy for them to be swayed. This is a democratic society,not a dictatorship.

Posted by: Helen | May 27, 2009, 12:49 am 12:49 am

I’m happy the CA Supreme Court upheld the decision by the residents of CA.

Posted by: virtualk | May 27, 2009, 12:56 am 12:56 am

Christians read your bible and read the Constitution.
I AM AGAINST GAY MARRIAGE, MARRIAGE IS A HOLY JOINING ordained of God.
I am for Civil unions for gays. (Hell, they may as well be as miserable as the rest of us who are married).

Posted by: crackmeupp | May 27, 2009, 12:57 am 12:57 am

God wont recognize gay marriage no matter how many laws are passed. So you defeat your purpose. End of Story.
If we were all gay = no more children = elimination of human race = Do we understand?

Posted by: FiRE | May 27, 2009, 12:58 am 12:58 am

I really think they should give us a vote here in Iowa! We here in Iowa are being condemned for what a few unelected judges have decided.
The majority here, are upset about the decision to allow gay marriage. GIVE US A VOTE!!

Posted by: Iowa | May 27, 2009, 12:59 am 12:59 am

Voter apathy runs rampant throughout this country, even to issues that effect the majority of voters and taxpayers…it has proven itself time and time again. Someone worked very hard to get this issue ” on the ballot ” and it was duly voted on and passed by a majority… to the gay community I say, THEY turned out the vote…YOU didn’t, so query your friends and neighbors as to whether or not they voted…you may be surprised how many no’s you receive…To that I say ” IF YOU DIDN’T VOTE…DON’T BITCH ”
The supreme court did what they were supposed to do when ” The majority rules” they voted to uphold and not to overturn the decision of the majority and effectively “tabled” the issue which will allow it to come up at some future time for another review. You may not like it, but that is our American political process. I have no dog in this fight,this issue to me falls under the “Pursuit of happiness” clause in the Constitution. There are too many instances where local, State, and federal governments have overturned the majority rule of the voters and abused and trampled the rights of the “voter” throughout this country much to the dissappoinment of the voting citizenry … Be glad for once that the supreme court did it’s job!!!

Posted by: pro from dover | May 27, 2009, 1:00 am 1:00 am

Yes. Voters should be allowed to decide whether or not to allow gay marriage in their state. We should also put abortion rights to the same test. The abortion decision has been left in the hands of politicians for too long.

Posted by: Bob | May 27, 2009, 1:05 am 1:05 am

We have always stood on biblical truth in this great nation the (USA). We are one nation under God but it seems to get further and further away from God, and if same sex marriage is allowed it will give this society over to an immoral despicable stinch that will without a shadow of doubt take this country completely out of the will of God. All of those 18,000 gay marriages performed should be retracted.
Prayer has been taken out of schools, godly standards has been diminished and confusion is at a all time high. Our children won’t know what a family is suppose to look like. The gay lifestyle is an abomination before God. I pray for our country to hold on to family that God ordains; male father, female mother and children. Gay rights and Civil rights should never be mistaken to be the same. Race or ethnic background is not a choice, same sex marriage and gay relationships are. “This is not hate for any particular group but an expression of Love and respect for God and and the way He designed family from the very beginning.”

Posted by: Aaron | May 27, 2009, 1:11 am 1:11 am

It is fundamentally dangerous to place the rights of a minority in the hands of the majority. Despite the CA Supreme Court’s ruling, social evolution will proceed, and those that oppose gay marriage/rights will prove to be history’s fools.
It is a sad day, indeed.

Posted by: Karen | May 27, 2009, 1:13 am 1:13 am

This ruling by the California Supreme Court was a tragic mistake and a misinterpretation of California’s constitution. The justices have abdicated their responsibilities and failed to enforce the “equal protection” clause of their constitution and which should properly take precedence over “mob rule” such as occurred when bigotted and morally bankrupt citizens, voted to deprive others (the gays) of their constitional rights to marriage when they voted to enact Proposition 8.

Posted by: Cosmo | May 27, 2009, 1:19 am 1:19 am

I think that everyone is taking their bible quotes and stretching it too far. They only find what they like, and never read the whole thing. It’s like reading the middle of a novel and saying that you know the whole story. The voters spoke, and that is what freedom of speech is. You can’t agree with what others say, either put up, put out, or leave. I’m mean isn’t this what are founding fathers fought for? That us, the people have freedom from our government, and to voice our opinion. Now, the California governing body did what it’s supposed to do, bring up a topic to the people and let their voice be heard. Would you rather have them say that gay marriage is not allowed without a vote? I would say, it would have been easier on the Pro Prop 8, but no, it would have not been fair for the other side. Ok, so if the gays win, then abortion should be abolished, and americans should not have their gun rights determined by their government. Hey if you got to please a group of people you got to be fair to the others. JMO

Posted by: Jezer Gabayan | May 27, 2009, 1:20 am 1:20 am

the reason that our founding fathers set up the tricameral system of government, which includes the judiciary, is that they understood that the majority is not always looking out for the rights of the few. there needs to be a branch of government that, unbeholden to the electorate, can make decisions that are fair and just to all. this is one of those situations.
it does not matter that most of the voters in california voted against the rights of gays and lesbians to marry; the fact is that is in inherently unfair for the will of the majority to trump the rights of any minority group. this is not the same as a vote for one congressional candidate over another. this is about fundamental rights, which as i recall, is what we are all about…
bottom line; if you can marry the love of your life, so can everyone else.

Posted by: justsane | May 27, 2009, 1:20 am 1:20 am

A suggestion was made regarding the term marriage. Clearly it’s defined between men and women, however in the eyes of the law/government, let have ALL applications for being wed be filed as civil union license (same sex as well as hetero marriages). Now, if either group has the ceremony in a church, then the couple can say they are married ;). It’s the legality that should be the concern (can the couple have legal right to property, end of life decisions, etc.). If gays still have beef with this, then they are simply “stroking the coals” in order to continue the argument (bitterly).
Thanks for the opportunity to post!

Posted by: KeepDChange | May 27, 2009, 1:26 am 1:26 am

I think the U.S. should do like France and make the civil aspect separate from the religious aspect. This would solve a lot of problems. Here, clergy are both religious and civil functionaries so it is a “two-fer.” In some religions marriage is a sacrament. This is what the fuss is all about. If we did like in France and have people first go and get married civilly and then if they want to, get married in the church, then religions could legistate whatever they want and the gays could still be married civilly. In this way everyone could be happy. This would also be a good thing for heterosexuals as then people who are shaky in their commitments wouldn’t have to have an annulment.

Posted by: Connie | May 27, 2009, 1:26 am 1:26 am

Civil rights should not be up for public vote. How can a minority group that’s discriminated against ever receive fair and equal treatment if the majority has the last word? Marriage is a civil right that grants benefits as well as obligations. It should be open to all people.

Posted by: Stephanie | May 27, 2009, 1:30 am 1:30 am

According to your article, the voters already decided in the fall that same sex marriages are wrong. The Bible says that a marriage is between a man and a woman. Study your history, every nation in the past that has accepted homosexuality has fallen.

Posted by: Susan | May 27, 2009, 1:32 am 1:32 am

The voters of CA utilized their constitutional rights and lawfully passed this legislation. This is how America was founded and still stands as a republic. For activist judges to interfere would only be an obvious misuse of their office/power, take away the voting power of the people and make a mockery of the U.S. constitution. Today was a tremendous decision with which I agree, and if an impartial poll was taken, I believe the greater majority of the U.S. agrees as well.

Posted by: Voter | May 27, 2009, 1:35 am 1:35 am

I am happy to see the California Supreme Court do their job. The people of California voted on the proposition and it passed. If the Supreme Court overturned the decision, then what good is it to even vote on anything. If the California Supreme Court had made their decision otherwise it would now have the ability change the laws based on their whims.
The term ‘separation of church and state’ is not found in the Constitution of the United States nor is it implied. It doesn’t exist period. And the continual use of this term is wrong. The Constitution does say there should not be one “Church” for the country but instead freedom of religion for every person to practice their religion without government interference.
I encourage everyone to read the Constitution of the United States word for word because it does not use the term ‘separation of church and state’. Go see for yourself, don’t perpetuate this falsehood.

Posted by: Sydney Erickson | May 27, 2009, 1:44 am 1:44 am

In response to the Nightline question of should voters be able to decide whether homosexuals should marry or not, my answer is absolutely yes. Voters can decide in the privacy of the voting booth, unlike politicians and judges who are swayed by what they deem popular or politically correct, and thus may be swayed by doing what it’ll take to keep their jobs rather than doing what is right. Besides, the very vocal homosexual lobby should not be allowed to force down the throats of the rest of us a re-definition of what constitutes marriage. Let them do what they wish in the privacy of their homes, but it’s wrong to force the rest of us to accept what they do as right or “normal.” I don’t advocate persecution of them, but neither will I accept their lifestyle as anything but abnormal.

Posted by: Bill Bradshaw | May 27, 2009, 1:46 am 1:46 am

To: Against Bigotry, Caroline, Beverly, Chet, Vicki, and Bobbygale
As a dark immigrant citizen, I and my family have faced bigotry. It was so bad, I spent 10 years and $20,000 to get away from it and come to America.
In becoming a citizen, I have learned that this country was founded by christian men with deep beliefs. I and my family are grateful for it, even though we are not christian.
They created a Republic, not a Democracy, for the expressed purpose of not allowing the tyranny of the masses, nor mass hysteria, to steer the course of this ship.
They created a form of government with equal, but separate and distinct powers: The Executive Branch, to lead and suggest direction, The Legislative Branch to confirm, legalize and represent the ‘crew’, and the Judcial branch to sit in judgement of the other two branches, ensuring they steer by the rules.
They found their first attempt, ‘The Constitution’ to be lacking, so soon after, they passed a Bill of Rights, which ranged from
1st. Free Speach,
2nd. Right to Bear Arms
to the
10th: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
So, yes the people of any state have the right to set the moral and legal tone for their state. And, yes, the judical branch will hopefully look out for the rights of the minority, without considering the will of the majority.
I live in California and voted for Proposition 8. The proposition was valid, it was approved and the California Supreme Court finally ruled on a legal rather than a moral or PC basis.
I left my country, my relatives, and everything I knew to escape a government that ruled by ‘democratic’ opinion. As difficult as it was for me to leave, I suggest that Against Bigotry, Caroline, Beverly, Chet, Vicki, and Bobbygale consider moving to my old country, China.

Posted by: GeorgeW | May 27, 2009, 1:47 am 1:47 am

Absolutely not. Voters should not decide this issue because voters have repeatedly shown they do not understand the desire and need that all people have for companionship, love, courtship, and a sense of belongingness.
The concept that gay marriage is wrong is a senseless, outdated religious construct that has crept its way into the main stream unnecessarily. Any truly moral person knows that showing insensitivity toward gay people is wrong. No matter how difficult it may be, Americans need to let go of their stringent Puritan roots and realize with live in a different era now.
Fundamentalists might think that Gay marriage dilutes the sanctity of family structure, but is does not, because gay couples have clearly shown that they are fully capable of rearing children normally in a loving home.

Posted by: Dan | May 27, 2009, 1:48 am 1:48 am

YES I think we the people should be able to decide. So if we vote against something SO BE IT… I think that it’s just crazy to allow 2 men or women to legally being MARRIED IN HOLY MATRIMONY. That is Anti-Biblical. Marriage is something SACRED. Marriage is not some game to play. It’s a covenant and it’s meant for a MALE + FEMALE!!!
We as humans did not get here because 2 men got together and made it happen. The same can be said for the women. Even though now you can adopt or ladies can go to a sperm bank. I think as an American we have the right to vote against something so senseless and when the state supports proposition 8 I think it’s great. I have many friends and family members who are Gay and I love them regardless of that decision. But to try to change the concept of legal MARRIAGE to something so foolish is ridiculous! 

Posted by: Bsoul | May 27, 2009, 1:50 am 1:50 am

I support the California Surpreme Court ruling. The majority of American citizens believe Marriage must be between one man and one woman. The U.S. Surpreme Court was given the power to interpret the law no make law. The Congress would then take the court opinion and (1)reject the interpretation, accept the opinion and develope policy/law as the people’s representives or (3) put it up for majority vote by the people.
Food For Thought: Is it against the law in State and Federal courts to arrest, sentence and/or fine people for performing homosexual acts while having sex? If so, how can any governing body or court develope laws that support the crime of Homosexual Sex. Also how can any governing body use the citizens taxes or benefits to support criminal behavior.
Thanks and
God Bless America

Posted by: lGene | May 27, 2009, 2:04 am 2:04 am

It’s funny how anger and hatred spreads on both sides. If the gays are bashing the christians for THEIR hatred, are they not doing the same thing that the christians doing, hating other people? I though the gays wanted people to understand them…not fuel their HATRED to themselves by attacking their thoughs and religion. Just be glad that america was not established by the muslims. All I can say to the gay community is enjoy your freedom, I mean do you really care what others think about you, and isn’t that why you came out of the closet? Welcome to america, the place where you can be yourself, and hate other people(or not). The choice is yours.

Posted by: Jezer Gabayan | May 27, 2009, 2:15 am 2:15 am

Marriage is a legal contract in which the parties are bound to each other’s debts (in some states), can inherit from each other’s estates without being mentioned in a will, enjoy the protection of privileged information, and can have sex with the other party (and yea! to states who realize this is a voluntary part of the arrangement and cannot be forced). I realize this (except the priviledged part) can be covered by contracts, but if gay people want to be in the same marital bliss (and often personal hell) as the rest of us, let them. I see this more as a contract issue, not an attack on family or anything else. Whites and blacks didn’t all instantly become evil when states allowed mixed race marriages. And now there are some beautiful mixed race children in my kids’ school. I don’t think the Earth will fall off its axis for allowing gay marriages. Gays have to overcome enough social obstacles in their relationship without making it harder on them. One day, all of this will be a chapter in our country’s progressive history, following women suffrage and black suffrage. Let’s get to the end of it and use our energies to fix our economy, our ecology, truely evil people. How insane it is that a 14 year old (or younger) cannot legally consent to sex but can be married but, for a gay adult, it is reversed.

Posted by: Ann B. | May 27, 2009, 2:17 am 2:17 am

ABC News Nightline Comment on whether or not votes should determine laws around same-sex marriage:
The personal opinions of voters should not be allowed to take “inalienable rights” away from other American voters. All law-abiding Americans have the right to the pursuit of happiness. Many pursue happiness by marrying the one they love. By denying marriage between two (non-related and consenting) adults based on their race, creed, sexual orientation, etc., their right to pursue happiness is being usurped. This is wrong, unjust, and unequal treatment under the law.
Ava

Posted by: Ava | May 27, 2009, 2:45 am 2:45 am

Our country runs on a majority rule,like it or not thats how it is,SO BE IT.

Posted by: js | May 27, 2009, 3:14 am 3:14 am

I think it should not be left up to the voters. If all of our right and liberties were left up to the people to vote on then we would have a lot of unhappy people in this country. Who are we to decide on other peoples fate. The courts should follow up with the civil rights movement and put a stop to the discrimination against same-sex couples.

Posted by: jenni | May 27, 2009, 3:14 am 3:14 am

“Traditional” marriage will no longer traditional in a couple of generations. Enough said.

Posted by: Miles | May 27, 2009, 3:15 am 3:15 am

Gay marriage IS a civil rights issue and should no more be decided by the voters than should voters decide if black people could again be sold into slavery or whether or not women can vote. The court should have easily seen that prop 8 violates equal protection and rights for gays and lesbians. I am very disappointed, but prop 8 WILL be reversed, it may just take a little time.

Posted by: Paul in Los Angeles | May 27, 2009, 3:18 am 3:18 am

Civil rights are NOT in danger here, people! Get over it! Every time things don’t go someone’s way, you cannot start whining and complaining that your civil rights are being violated. Civil rights are the right to LIFE, LIBERTY, and the PURSUIT OF HAPPINESS. If your idea of “happiness” is a violation of common sense, then luckily we have the popular vote of the majority… and the people have spoken! Where does the “happiness” end – marrying your child? Your sibling? Your car? Allowing 5 year olds to get married? Thank God this is finally resolved and OVER!!!!!

Posted by: Becca | May 27, 2009, 3:19 am 3:19 am

No–it should not be decided by voters. Since all American have to contribute to our society in the form of taxes, everyone should have equally rights. Gays also contribute to schools, parks,community services, tax deductions for married couples and families, and etc.–they should have ALL the same benefits. Since they do not have the same benefits–they should receive a tax exemption.

Posted by: MIchele | May 27, 2009, 3:22 am 3:22 am

isn’t this a government, of the people, by the people and for the people, and the people have spoken. No gay marriages.

Posted by: mary j | May 27, 2009, 3:29 am 3:29 am

The Court recognized power to amend the constitution ultimately belongs to the people. At every opportunity THE PEOPLE (of Calif.) have voted to protect marriage. If GAY ACTIVISTS want to change the true meaning of “MARRIAGE”
….THEN they should take it to the people..something they have never done! Any future efforts to repeal PROP 8 will be contested. THE PEOPLE HAVE SPOKEN (AGAIN!!!!)

Posted by: Annie G | May 27, 2009, 3:31 am 3:31 am

Sorry, but the fight is not over for gay rights and equality. It’s hard to believe how far the gay community have progressed in just these past 5 years. The religious right’s attempt to deny rights have ultimately backfired.
That’s what my earlier comment about ‘traditional’ marriage was about – that tradition cannot and will not be preserved, as it has already begun to change.
For people who don’t want to ‘rock the boat’ and preserve the majority rule (and majority injustice), the eventuality of gay marriage is in sight, whether you like it or not.

Posted by: Miles | May 27, 2009, 3:32 am 3:32 am

I dont think christians should legally be allowed to marry jews .. or Whites should be allowed to marry blacks … I also dont think that women should have the right to make the choice of killing a mans baby!!!
Republicans shouldnt marry democrats but i think that ok since there is no law like that …
I do want to marry a millionaire on a television reality show though!!!

Posted by: Doron | May 27, 2009, 4:25 am 4:25 am

The first marriage happened eons ago, obviously, it was before government–as we know government to be. The forefathers of this country accepted marriage as defined in the Bible, this argument can be easily won. The constitution of this country was designed and enacted by these very same individuals.
Marriage has nothing to do with “equal rights.” Redefining marriage to cover homosexuals would use the same logic which would allow us to redefine “child molesters” as “child care providers”, or “sex education counselors”, and that they should have equal rights as their valid counterparts.
Unbelievable so many are so gullible and willing to accept the bizarre so easily …
Regards,
JS

Posted by: John Smith | May 27, 2009, 4:45 am 4:45 am

A suggestion was made regarding the term marriage. Clearly it’s defined between men and women, however in the eyes of the law/government, let have ALL applications for being wed be filed as civil union license (same sex as well as hetero marriages). Now, if either group has the ceremony in a church, then the couple can say they are married ;). It’s the legality that should be the concern (can the couple have legal right to property, end of life decisions, etc.). If gays still have beef with this, then they are simply “stroking the coals” in order to continue the argument (bitterly).
Thanks for the opportunity to post!

Posted by: NoTelePromptNeeded | May 27, 2009, 4:58 am 4:58 am

It was a search for God like life from out of the midst of moral decay that lead to the formation of our country. From of the infancy of our country, we have had difficulty continuing in an honorable development “under God”. This is specifically as God created us, how he regards us and in what manner he would like us to perceive ourselves.
You can’t fabricated your own minority. Collectively, are rapist minorties??? Are thieves minorities???
This same sex issue attacks the fundamentals of the family unit, which is how halves, not being the same become one. The difficulties that arise from this union and from creating a family unit are needed for us to afford each other grace. In the forging of one from two seemingly complete individuals, we can see several areas of void exist. Our hearts long to know their significances so that they can be a continuous fountain of joy. Our sense our worth wanes, having no appreciative value being merited on securities that are imminent for loss. Subsequently, we expend down to our last breath in or recuperating from this endless fight or flight to expand and maintain at the expense of whomever.
We find ourselves complacent from the glory of the flag of this super power and not bestowed upon us the fundamental aspirations of our forefathers. Instead we have become intoxicated with self indulges to the demise of each other and ourselves. So astute to the ruin of another, we set snares to smooth the progression of each others collapses. Before they hit bottom, we step on them, exalting ourselves declaring our social, economical or emotional peak. This summit is unstable and only last as long as we can keep another down. To crush another’s head is stealing a life.
As a country, there is no reason for us to be divided on such a fundamental belief. The preservation of our family is paramount. There is no family to protect if there is no family. The family unit is continuously battered and takes insults and injuries. How more can it endure? We would loss the focus of the family. For both, those who do and don’t believe in God, we know that when the family is honored in the home, we learn patience and kindness not just towards ourselves but others. There should be no coalition, no league or group against the basic focus of the family.
Biologically, the practice of homosexuality serves no functional life propagating purpose. If anything, it interferes with the only way the mankind can reproduce. Biblically, it is addressed as state of confusion. Obviously by definition, there is a hostile antagonistic conflict that is and will always be clear. Thus, the delicate balancing between the focus of the family and being at peace with those who practices outside and against the biological and biblical norms will be very difficult. It will not be a capricious character trait that is self yielding. Instead, pensive behavior will be required to come to terms with these extremely polar and opposing principles.
Within groups that should have close ties, division occurs due to this strife. Some can’t fathom to think that they are related, even though they can’t vocalize that they may be enemies. At least if they were enemies, we might pray for them as the Good Book directs how we should conduct ourselves in regards to those we consider our enemies. They might want to be prayed over, yet the relationship us and God is dictated by the circumstance. Praying for them and extending a kindness towards them does mean that we or our children condone their lifestyle. If we don’t condemn, then we don’t condone. By faith, both are acts of God. Subsequently, the lifestyle and practices should not be around those that are easily influenced such as children. In addition, significant consideration should raised in employer/subordinate relations
This is not the type premise that should be voted upon. We don’t vote whether we kill or steal. Even laws regarding other sexual immoralities come from an earlier judicial system documented in the Torah. The omission from the law is a kindness, not an endorsement. We understand the significance and challenge in maintaining order in the planet’s environment, preservation of archeological findings and saving the whales. If we can consider them, we can consider our country and our children.
We can all share the same umbrella as long as you don’t tear it apart

Posted by: jay | May 27, 2009, 5:41 am 5:41 am

I don’t think it’s anyone else’s business who gets married to who. It’s your opinions that’s all. One day it will get passed we all know it. As a gay woman I know we aren’t going to give up. It’s not right that I can’t marry my partner. “All men are created equal” I don’t ever remember that changing do you? All men are created equal if you want them to do what YOU want them to do?? Suck it. Us gays are going to do what we want so get used to it because we aren’t going anywhere. :)

Posted by: Nicole | May 27, 2009, 9:12 am 9:12 am

Hey Jay!
It’s the only way mankind can reproduce? Have you looked out your window lately?? If anything you should thank us because the world can use a bit of a SLOW DOWN on the REPRODUCION PROCESS! We are the ones adopting the children that heterosexuals have dumped! Don’t give me your God mumbo-jumbo to cover up your bigotry. God loves me just as he loves you no matter who I go to bed with at night. Why? How? you ask? Because I’m a good person. Because I take care of a 5yr old little girl exceptionaly well. When it’s time for my judgement day do you really think he’s going to say I’m not allowed in because of the person I chose to love? What is wrong with you? I don’t think you know God as well as you think you do. If anything, he’s going to be dissapointed in YOU. Passing your judgements, throwing stones. Who do you think you are?

Posted by: Nicole | May 27, 2009, 9:23 am 9:23 am

Yes voters should decide. The court is right, the people are right…marriage is and should be between a MAN and a WOMAN. It’s about time the court listened to the people.

Posted by: Gene Maag | May 27, 2009, 10:13 am 10:13 am

Last I checked, the preamble to the Constitution began, “We, the people…” If the people don’t have the right to make a choice to make a stand and vote, there is no freedom. If that vote BY THE PEOPLE was ignored, all we would have is judicial tyranny. Judges are to interpret the law. The law was made by the people according to the Californian Consituion. Why shouldn’t the voters get the right to choose?

Posted by: David | May 27, 2009, 10:20 am 10:20 am

Are you kidding me, “should voters around the country get to decide if gay marriage is legal?” … Of course we do, its our country! Besides, by ABC asking the question, are you implying that voters are not smart enough to make that decision? Is ABC saying that we should appeal to a higher body to make the decision? Certainly not the courts because they are made up of humans, each with their own bias, so you must mean appealing to our Heavenly Father! He is pretty clear on this issue. For Centuries, Marriage has been between Men and Women, that should cahnge just because a small group of people have their feelings hurt.

Posted by: Doug | May 27, 2009, 10:39 am 10:39 am

Am I NOT a person? Should the courts NOT listen to me too?? It’s MY country too. Why should YOU get to decide my fate??? And you don’t know what the Heavenly Father thinks! Did he text you or something? Now that I think about it all the gay people in CA, why don’t you just go somewhere where it’s legal, get married, and go back to CA. That way we’ll all be gay, married, and living in CA anyway?? I know it kind of defeats the purpose but for now? We are going to get our way either way!

Posted by: Nicole | May 27, 2009, 10:48 am 10:48 am

Doug:
Do you think oppose to interratial marriage?

Posted by: Nicole | May 27, 2009, 10:50 am 10:50 am

I don’t understand why straight people are so protective of marriage, given how often they fail at it. And I doubt that gay couples are gonna fair any better in marriage, once allowed. So I say we abolish marriage! Get rid of it since most of us suck at it. It’s time for something new. Something that enriches the lives of everyone, and treats everyone equally. How nice would that be?

Posted by: Jeff | May 27, 2009, 11:42 am 11:42 am

I think people are acting stupid over this. We were asked to vote, and so we have. Apparently California DOESN’T want gay marriages, and that should be the end of it. Why make us vote is it’ll just get overturned? Waste of time, waste of money, waste of effort, and waste of everything.

Posted by: Zucatta | May 27, 2009, 12:16 pm 12:16 pm

The “popular” vote in the state was impacted by misleading advertising that had nothing to do with the actual proposition. “Vote yes on Prop 8 to protect family.” That doesn’t even mention what the proposition was!
The state create this law by popular vote just as much as Tide is the “best detergent.”

Posted by: Ed Hayes | May 27, 2009, 12:26 pm 12:26 pm

JEFF:
HERE HERE!!!

Posted by: Nicole | May 27, 2009, 12:39 pm 12:39 pm

I think the whole point is “they” can waive around thier Prop 8 laws all they want. That isn’t going to stop gays from getting married, loving one another, or being GAY. There wasn’t ONE homosexual that said “oh well we can’t get married in CA so guess I’m not gay anymore” DUH. That doesn’t stop anything. You didn’t win anything or change anything. Just waisted peoples time and money. Congrats?

Posted by: Nicole | May 27, 2009, 12:41 pm 12:41 pm

Throughout history people the majority have ruled over the minority. When I look back at why our country was formed, and the things that go on now, I believe we are doing a great disservice to what our for-fathers wanted. One idea that sticks out in my mind is equal taxation and representation. Are gay people being represented? We certainly are paying taxes, and lots of them. Religion and State should not be deciding the laws. If a man wants to marry a man, and a women wants to marry a women, what right does the government have. I understand if religion does not condone such acts. Do we forget Gay, Straight, Black, White, or Hispanic, we are all created from the same source, we are all humans, we all have rights. Is it necessary for us to agree with everything someone feels? Do you agree with your spouse or pastor, or boss all the time?

Posted by: brian | May 27, 2009, 12:46 pm 12:46 pm

I believe that the People of the Country deserve to have a vote, that is a Freedom we have fought for in this Country. They did the right thing by upholding the previous decision. A small minority of loud voices, too often demand that we all embrace their unnatural and immoral lifestyle. In the very basic sense, our Bodies were not even designed to be with someone of the same sex. Once we open the door to recognizing their Marriage, what is next? Where do we draw a Moral Line? If we even look back at Bible History, we can see how this lifestyle displeased God, Lot’s Wife was turned to a Pillar of Stone, for even looking back at a City that was full of what he defined was “Sin”. If we expect to be, or hope to be blessed by God in America as we have been for so many years.

Posted by: Darcy | May 27, 2009, 12:48 pm 12:48 pm

“Majority Rules – Minority Rights” does not mean the majority can vote to take away a minority’s rights. The very idea! Gay people have just as much right to get married and be miserable as the rest of us, and divorced too, if they should so choose.

Posted by: Michele Flood Luce | May 27, 2009, 2:23 pm 2:23 pm

Your right to express your own beliefs and follow your religious beliefs (even if they are 2000 years old) will be taken away when the gay lifestyle gets the special preference status that they seek. They are already half way there with HR1913 (Hate Crime Bill)which more severly punishes a person for any actions against a gay person than the same action against a pregnant woman, police officer, American soldier, or any other human being. They don’t seek acceptance, they seek SPECIAL STATUS and forcing their unnatural life style on ALL of mankind. This is America, LET THE PEOPLE VOTE ON IT.

Posted by: BOB | May 27, 2009, 11:43 pm 11:43 pm

Any civil rights legislation, if left to the voters, would never have passed. The arguments against gay marriage are very similar to those against interracial marriage in the 50′s and 60′s. Most people do not begin to understand the Constitution and many don’t try. Unfortunately, this includes many of our lawmakers. Another commenter stated that, if the government cannot refuse to allow people of the same sex to marry then they cannot block multiple marriages or marriages by close relatives. The fact is that first cousins can legally marry in over half of the states-many more than gay people can marry in. There are public health reasons for disallowing marriage between close relatives, there is actually not a valid legal reason to disallow polygamy. Civil marriage-legal marriage-is just that. A legal contract. ANY argument that involves God or religion has no place in the legal debate. While I do believe that, Constitutionally, the states do have the right to decide whether or not to perform any marriages in their state, they DO NOT have the right to state that a marriage performed in another state is not valid. Loving v. Virginia established that precedent regarding interracial couples. Anyone who believes that this is different is wrong.

Posted by: Meredith T. | May 28, 2009, 12:49 am 12:49 am

I notice that gay people aren’t being accused of wanting “special rights” anymore.
We never did of course, we just want EQUAL rights. Why is that SO threatening to some people?
It’s sad that certain people can’t function on a level playing field.
Why do we always seem to let the sad, pathetic, & paranoid people run this world?
For those that care, the pro Prop 8 campaign was FILLED with lies, and so is the “There’s A Storm Coming” campaign.
What does it say about these alleged “Christians” who can’t win unless they bear false witness against the people they’re trying to oppress?
Sad little dinosaurs stuck in a tar pit. We will prevail.

Posted by: Andrew | May 28, 2009, 1:58 am 1:58 am

WOW!!!! In America we get a vote in the marriage between two concenting adult human beings. When do the ballots come out on that woman who wants to marry the man who is punching her in the face on a daily basis, or because he has a nice bank account, or the man marrying that woman because the sex is so good or she looks so nice on his arm. Marriage is to sacrade an institution to allow this to go on. The government must do something to stop it.

Posted by: Eric | May 28, 2009, 9:19 am 9:19 am

Absolutely, voters should decide if gay marriage is legal.

Posted by: Joyce | May 28, 2009, 3:19 pm 3:19 pm

SCOTUS won’t get involved cuz “marriage” is a state issue that the State of California has decided. Not only that, but it’s a political question, and SCOTUS stays outta policital questions.

Posted by: Mr. Incredible | May 28, 2009, 9:58 pm 9:58 pm

==I notice that gay people aren’t being accused of wanting “special rights” anymore. ==
That’s cuz it’s a given anymore.
==We never did of course…==
Of course, you people did.
==… we just want EQUAL rights.==
You people are men and women, right? The law says that you people may marry:
Men who claim to be homosexual may marry women who claim to be homosexual, and women who claim to be homosexual may marry men who claim to be homosexual.
Of course, that’s unless you people are claiming to be memebers of a third sex. Until you prove that, the law that defines “marriage” includes you people.
==It’s sad that certain people can’t function on a level playing field. ==
You people are already on a level playing field with everybody else.
==Why do we always seem to let the sad, pathetic, & paranoid people run this world? ==
We’re already trying to stop them.
==…the pro Prop 8 campaign was FILLED with lies…==
Those who claim to be homosexual, their activists and supporters are the ones filling it with lies, of course.
==… and so is the “There’s A Storm Coming” campaign. ==
Sooooo, the campaign leading up to the Court’s decision was not really a full force campaign?
==What does it say about these alleged “Christians” who can’t win unless they bear false witness against the people they’re trying to oppress?==
What does a scoffer know about it? Scoffers don’t lecture us on Christianity.
== We will prevail. ==
Before the vote last year, you thought you’d prevail.
Before the Court decision this wee, you though you’d prevail.
Gee, what happened?

Posted by: Mr. Incredible | May 28, 2009, 10:06 pm 10:06 pm

==The arguments against gay marriage are very similar to those against interracial marriage in the 50′s and 60′s. ==
No, they aren’t.
A Black man is still a man.
A Black woman is still a woman.
Both fulfill God’s plan that joins a man, as husband, and a woman, as his wife.
How does the marriage of a man and a man fulfill that plan?

Posted by: Mr. Incredible | May 28, 2009, 10:11 pm 10:11 pm

==…”they” can waive around thier Prop 8 laws all they want. That isn’t going to stop gays from getting married…==
Nobody is stopping those who claim to be homosexual from marryng., loving one another, or being GAY. There wasn’t ONE homosexual that said “oh well we can’t get married in CA so guess I’m not gay anymore” DUH. That doesn’t stop anything. You didn’t win anything or change anything. Just waisted peoples time and money. Congrats?

Posted by: Mr. Incredible | May 28, 2009, 10:15 pm 10:15 pm

OOPS! Forgot to finish this:
==…”they” can waive around thier Prop 8 laws all they want. That isn’t going to stop gays from getting married…==
Nobody is stopping those who claim to be homosexual from marryng.
Men who claim to be homosexual may marry women who claim to be homosexual. Those who claim to be homosexual are men and women. They are covered by the law the defines “marriage” as the union of a man, as husband, and a woman, as his wife. That is, unless those who claim to be homosexual are members of a third sex.
==… loving one another…==
Nobody has stopped, or is stopping, anyone from loving another person.
==… or being GAY.==
Translation: “… or choosing homosexuality.”
== You didn’t win anything or change anything.==
We won cuz God won.
==Just waisted [sic] peoples [sic] time and money.==
YOU people wasted the time and money.
== Congrats?==
Yes. Our money was well spent.

Posted by: Mr. Incredible | May 28, 2009, 10:20 pm 10:20 pm

==”Majority Rules – Minority Rights” does not mean the majority can vote to take away a minority’s rights.==
That goes for the minority tyrannizing the majority.
Gay people…==
Translation: “Those who claim to be homosexual, having chosen to go homosexual…”
==… have just as much right to get married and be miserable as the rest of us… ==
The law the defines “marriage” as the union of a man, as husband, and a woman, as his wife, includes ALL men and ALL women. Those who claim to be homosexual are men and women, and, thus, are included in the law. The only way they are excluded from the law is if they claim to be members of a third sex.

Posted by: Mr. Incredible | May 28, 2009, 10:24 pm 10:24 pm

==Throughout history people the majority have ruled over the minority.==
So, in YOUR world, the minority prevails over the majority, is THAT it?
==When I look back at why our country was formed, and the things that go on now, I believe we are doing a great disservice to what our for-fathers [sic] wanted.==
It our forefathers wants so-called “same-sex ‘marriage’”?
== One idea that sticks out in my mind is equal taxation and representation. Are gay people being represented?==
Yes.
== We certainly are paying taxes, and lots of them. ==
So is everybody else. Things are tough all over.
== Religion and State should not be deciding the laws.==
So, the State should not be “deciding the laws”?
==If a man wants to marry a man, and a women wants to marry a women, what right does the government have.==
In that case, the State is treating everyone alike:
All men have the same “Right” to marry, and all women have the same “Right” to marry. This includes those who claim to be homosexual; after all, those who claim to be homosexual are men and women, aren’t they?
== I understand if religion does not condone such acts.==
It is an “religion.” It’s God.
== Do we forget Gay, Straight, Black, White, or Hispanic, we are all created from the same source, we are all humans, we all have rights.==
You forgot one difference:
Those who are Black and those who are White are physically different. Hispanics have different, physical characteristics, too. Men and women are different.
What is the physical difference heterosexuals and those who claim to be homosexual?
== Is it necessary for us to agree with everything someone feels?==
Those who claim to be homosexual “feel” that they are homosexual. It’s not necessary that I agree with them when they say that they “are” homosexual.

Posted by: Mr. Incredible | May 28, 2009, 10:33 pm 10:33 pm

==… we ask you: Should voters around the country get to decide if gay marriage is legal? ==
It already is legal:
A man who claims to be homosexual male already marry a woman who claims to be homosexual.
A woman who claims to be homosexual may already marry a man who claims to be homosexual.
The law that defines “marriage” as the union of a man, as husband, and a woman, as his wife, doesn’t require heterosexuality in the individuals.

Posted by: Mr. Incredible | May 28, 2009, 10:37 pm 10:37 pm

CORRECTION
== I understand if religion does not condone such acts.==
It is an “religion.” It’s God.
——–>
== I understand if religion does not condone such acts.==
It isn’t “religion.” It’s God.

Posted by: Mr. Incredible | May 28, 2009, 10:41 pm 10:41 pm

CORRECTION
It our forefathers wants so-called “same-sex ‘marriage’”? ——>
Did our forefathers want a so-called “same-sex ‘marriage’”?

Posted by: Mr. Incredible | May 28, 2009, 10:51 pm 10:51 pm

==Marriage is a legal contract in which the parties are bound to each other’s debts (in some states), can inherit from each other’s estates without being mentioned in a will, enjoy the protection of privileged information, and can have sex with the other party (and yea! to states who realize this is a voluntary part of the arrangement and cannot be forced).==
There are three parties to the contract:
The two individuals, and the State.
No party is required to enter into a contract with whose terms it does not agree.
==… if gay people want to be in the same marital bliss (and often personal hell) as the rest of us, let them.==
Those who claim to be homosexual may already marry:
A man who claim to be homosexual may marry a woman who claim to be homosexual, and a woman who claim to be homosexual may marry a man who claims to be homosexual. The law that defines “marriage” as the union of a man, as husband, and a woman, as his wife, does not require heterosexuality in the individuals.
==Whites and blacks didn’t all instantly become evil when states allowed mixed race marriages. And now there are some beautiful mixed race children in my kids’ school. I don’t think the Earth will fall off its axis for allowing gay marriages.==
Black men are still men. Black women are still women.
We already let those who claim to be homosexual marry, as explained above.
== Gays have to overcome enough social obstacles in their relationship without making it harder on them.==
They have the same opportunity to marry that everyone else has.
== One day, all of this will be a chapter in our country’s progressive history, following women suffrage and black suffrage.==
Men and women are different, physically.
Blacks and Whites are different, physically.
What’s the physical difference between those who claim to be homosexual and those who are heterosexual?
==How insane it is that a 14 year old (or younger) cannot legally consent to sex but can be married but, for a gay adult, it is reversed.==
No one stops a person who claims to be homosexual from marrying. Heterosexuality is not required by the law the defines “marriage” as the union of a man, as husband, and a woman, as his wife.

Posted by: Mr. Incredible | May 28, 2009, 10:59 pm 10:59 pm

Mr. Incredible, you fail.
My question for you is this – do you realize that we are, as Carl Sagan said, “[our planet is] a speck of dust floating in a tractor beam of light.” And that tractor beam of light comes from a star, a star that will eventually die, taking our planet and solar system with it. But before that happens, humans will be long gone. In fact, what ever living thing evolves from us, will be as different from us as we are from bacteria. This, Mr. Incredible, is fact.
You seem intelligent, so I’m sure you already knew all that. The point I’m attempting is – nothing lasts, everything we futilely try to preserve and protect will be gone. It is impossible to make a permanent mark on this world, for that too will one day be gone. Evolution is the only way, social and biological. It’s just the way it is.
So remind me again, what is it exactly to you if two people of the same sex who love each other want the same protections and benefits provided by the government as two people of the opposite sex already receive?
Maybe you misunderstand things. No one’s forcing you to marry a man.
You can’t stop Gay marriage. It’s been a while, but I’m pretty sure God prefers lover over hate.

Posted by: kc | May 29, 2009, 2:45 pm 2:45 pm

As a free society and a society where people have died to defend freedom, let’s live and let live. Does not means that should re-establish the fundamental definition. Do same-sex practioners need an legal endorsement to continue what they are already doing? or just more attention? Flamboyant!!! Laws should be made to protect legal law abiding citizens and to put criminals in jail.

Posted by: Jay | May 29, 2009, 3:58 pm 3:58 pm

Throughout history people the marriage was between the genders needed to attempt to spawn offspring.
Unless God or evolution has changed, 2 sperm cannot produce a child. Neither can 2 ova.
God, church, state, and evolution haven’t changed it yet. Unfortunately, we must ALL agree that the sky is blue.
You must ask God for a miracle or evolution to accelerate to that point in order to change the definition.
By making a law, you are trying to change a definition. If you want tax benefits, then ask for them, but you can’t vote on making a baby!!!!
In like manner as our country was formed, we are honoring our for-fathers in this consistency. Equal representation does not allow you to distort a culture and or definition. The question is gay people being hurt? (Not in a narcissistic kind of way).
Minority, mmmm…… left handed people, night shift worker, those who wear ties to work, those who can hold their pee at night, those who prefer sex in the afternoon, what about their rights. Maybe we should all take two hour lunch break so afternoon delights don’t have to occur at work. Yeah it’s ridiculous.
Think about what you really want, like tax benefit. Anyone can live together… Its “breaking up that’s hard to do”. And I know that you can’t be lobbying for that.
It is not necessary for us to agree with everything someone feels. But it seems like for no other reason except, acknowledgement or endorsement does this come up. Laws are already in place to protect everybody’s person. What exactly to do what?????
To be admired. Or, maybe its a larger venue??? huh???

Posted by: jay | May 29, 2009, 4:47 pm 4:47 pm

Here’s the thing, Jay. What we have in this country is separation between church and state. So, please take God and religion out of your argument.
Further, marriage predates religion and most certainly Christianity.
This is about protection of family, regardless of the production of offspring.
What’s next – invalidating marriages where no children are produced?
This is about equal rights, not the ability to reproduce.

Posted by: Alex | May 29, 2009, 6:28 pm 6:28 pm

If same sex marriage will be legalized I will also fight about my right to marry the person I love. I will fight for my right to marry my own sister!!! I will fight for my right to marry all of my 6 girlfriends co’z I love them all!!! Oh I love my dog too!………….
IT IS ABOUT WHAT’S BEST FOR THE SOCIETY PEOPLE!

Posted by: JenW | May 30, 2009, 4:25 am 4:25 am

Mr. Incredible,
You keep saying that “men claim to be homosexual”.
It is not a choice! Why would someone choose to be a 10% minority? Why would anyone choose to be harassed and tormented?

Posted by: Ed Hayes | May 30, 2009, 12:08 pm 12:08 pm

What ever happened to separation between church and state.
The church is the final authority of what a marriage is. If a particular “so called Chucrh” will perform same sex marriage that is for that particular church to decide.
The Church that JESUS Christ formed, as well as the “HOLY BIBLE”, are against same sex marriage.
Let them do what they may, and the one “TRUE GOD” will be their final judge. That one true GODS name is JESUS Christ.

Posted by: Ronald Swiatek | June 1, 2009, 2:36 pm 2:36 pm

Prop. 8 wasn’t explaining itself very clearly. It said that if you do not want gay marriage to say yes. Many people don’t really notice the not in most things, considering that most tests use not, capitalized and underlined.

Posted by: Fiona | October 4, 2009, 1:43 am 1:43 am

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