There is no point to take the case to the Supreme Court for verifying whether it is indeed an unconstitutional law or not, in my opinion. It will just hold up things even longer and the Supreme Court could take their time deciding when to answer the case or not. Is the case even appealed yet to the SC? And if it is, is it even picked up by them?
The thing is, I don't see why they would appeal this. The proposition passed only by a small margin; it would have been easier instead, thanks to California's direct democratic government system, to set up another initiative that will revoke that law and keep gay marriage legal. And by the time for the elections, many new young people will become voters (such as myself) and will most likely vote that initiative and turn it into a law, seeing the strong support LGBT get from the young generation. I honestly believe that if an initiative revoking prop 8 is placed instead of bothering with an appeal, they have a better chance of revoking the current bill.
People deem prop 8 unconstitutional, and it is. But so is the fact that many other states ban gay marriage and that our nation even still has (if I'm not mistaken) that ridiculous definition of marriage law that Clinton made & Bush kept. This law in Cali is really no different from what a lot of other states think. I have no clue if Obama revoked that specific law made by Clinton or not though... but in my polisci class we discussed it and never once heard of a revoke so I guess not. And Obama still isn't flat out for gay marraige, though he seems to also support it at the same time, so I doubt he revoked it.
Another thing you guys have to understand is that marriage is STATE thing. The federal government cannot control marriage laws; it is up to the states. So if a state says no to gay marriage, it will be hard to take that case to the SC, say it violates the Constitution and make sure it is revoked. By doing that, you might as well just make gay marriage legal nation-wide. The problem is that they can't unless they want to face heavy scrutiny and lawsuits from states for violating the constitution for actually making states do something marriage-wise when it should all be up to the state itself without government interference since it is they who had governing and dealing with marriage handed to them in the Constitution. It's hard to explain and I'm probably all over the place since I'm tired and whatnot but basically... this is really all in the states' ball of the court.
I'm just hoping that someone places another initiative on the upcoming election so that prop 8 can be revoked.
- one loveless bruise;:
- I could write down on a napkin making up a religion that approves of gay marriage, and they would have to honor it. Freedom of religion.
See, there's a fickle problem. While freedom of religion is a given, there are also still things the nation can choose to not permit and such. For example, in many religions (a major example is Islam which is the 2nd largest religion in the world and very existent in the U.S.) polygamy is allowed. But, the U.S. as a nation still does not allow polygamy, therefore you cannot practice it. See what I mean? You can practice your religion, but only to an extent that the government basically gives the OK to.