(no subject)
May. 26th, 2009 05:35 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
liptonrm_backupYou guys are the awesomest, you know that, right? Thanks ever so much for all of the wonderful birthday wishes, they really helped make the day.
*smishes you all*
It's strange how 30 feels pretty much like 29 did. Age is always funny that way. ;-)
Oh, BTW, I have a Dreamwidth account. I'm liptonrm over there as well. I haven't done anything with the account besides uploading a couple of icons because I'm not entirely sure what I'm going to do with it yet. But I am there.
So I see that the California Supreme Court has upheld Prop 8 while still validating the marriages that happened before its passage. Frankly, I'm not surprised by this ruling at all, it's what I thought they'd do. Now, I haven't studied either Prop 8 or today's ruling with any sort of depth, but three years of reading court cases in law school has taught me one important thing, if the voters in a state vote to amend that state's constitution the courts will uphold that law. No matter how liberal or conservative the court they will always bow to the wishes of a commensurate governmental body, especially when those wishes have been ratified by the voters.
Nothing about CA's Prop 8 is good or right or just. The fact that bigotry and fear can still hold such sway over the majority of any state is sickening. But the sad truth is that courts uphold the laws, they do not make them, and judges are always careful to distinguish between the two (which is a fact that all of those people who rant about activist judges never seem to grasp. Even "activists" won't totally and completely ignore the law but if you leave them a hole to wriggle through they'll take it).
However, by ratifying the marriages that were solemnized before the proposition's passage the court is both upholding justice by not retroactively stripping people of basic rights but also thumbing their noses at all of the people who passed the new law. Right now there are same-sex married couples in California who are afforded the exact same rights as every other married couple in the state and that very fact highlights, for the world to see, how patently unjust the new state constitutional amendment is. I wouldn't be surprised to see the amendment repealed in the next few years as fear gives way to reason and equality as it always does.
Plus, this is leaving a great opening for a case to be brought to the U.S. Supreme Court once the balance has shifted more towards our favor. Because not only does the existence of such a law fly in the face of the Equal Rights clause of the U.S. Constitution but the fact that some same-sex couples are allowed the right and others are not makes that inequality even more pronounced and untenable.
Even though things look grim I do believe that this too shall pass. Because the biggest difference between supporters and opponents of Prop 8 wasn't religious affiliation or race but rather age with the supporters of Prop 8 largely being from the older generations.
In the end justice and equality will win. We just have to keep up the good fight.
Was that enough cliches for you? Apparently, my motivational syntax is sorely limited. *g*
In conclusion:![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
baylorsr and I would like a pirate ship with a warp engine plznthnku.
*smishes you all*
It's strange how 30 feels pretty much like 29 did. Age is always funny that way. ;-)
Oh, BTW, I have a Dreamwidth account. I'm liptonrm over there as well. I haven't done anything with the account besides uploading a couple of icons because I'm not entirely sure what I'm going to do with it yet. But I am there.
So I see that the California Supreme Court has upheld Prop 8 while still validating the marriages that happened before its passage. Frankly, I'm not surprised by this ruling at all, it's what I thought they'd do. Now, I haven't studied either Prop 8 or today's ruling with any sort of depth, but three years of reading court cases in law school has taught me one important thing, if the voters in a state vote to amend that state's constitution the courts will uphold that law. No matter how liberal or conservative the court they will always bow to the wishes of a commensurate governmental body, especially when those wishes have been ratified by the voters.
Nothing about CA's Prop 8 is good or right or just. The fact that bigotry and fear can still hold such sway over the majority of any state is sickening. But the sad truth is that courts uphold the laws, they do not make them, and judges are always careful to distinguish between the two (which is a fact that all of those people who rant about activist judges never seem to grasp. Even "activists" won't totally and completely ignore the law but if you leave them a hole to wriggle through they'll take it).
However, by ratifying the marriages that were solemnized before the proposition's passage the court is both upholding justice by not retroactively stripping people of basic rights but also thumbing their noses at all of the people who passed the new law. Right now there are same-sex married couples in California who are afforded the exact same rights as every other married couple in the state and that very fact highlights, for the world to see, how patently unjust the new state constitutional amendment is. I wouldn't be surprised to see the amendment repealed in the next few years as fear gives way to reason and equality as it always does.
Plus, this is leaving a great opening for a case to be brought to the U.S. Supreme Court once the balance has shifted more towards our favor. Because not only does the existence of such a law fly in the face of the Equal Rights clause of the U.S. Constitution but the fact that some same-sex couples are allowed the right and others are not makes that inequality even more pronounced and untenable.
Even though things look grim I do believe that this too shall pass. Because the biggest difference between supporters and opponents of Prop 8 wasn't religious affiliation or race but rather age with the supporters of Prop 8 largely being from the older generations.
In the end justice and equality will win. We just have to keep up the good fight.
Was that enough cliches for you? Apparently, my motivational syntax is sorely limited. *g*
In conclusion:
baylorsr and I would like a pirate ship with a warp engine plznthnku.
![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
no subject
Date: 2009-05-27 06:21 am (UTC)Happy belated birthday, darling.
x.x.x.x.x..x
no subject
Date: 2009-05-27 04:43 pm (UTC)And do not worry, I'm pretty sure I've missed more than one of your birthdays so we're definitely square.
Have fun on holiday!
no subject
Date: 2009-05-27 01:22 pm (UTC)Aha.
And I want a starship with warp engine
plus Spock aboard. *grins*no subject
Date: 2009-05-27 04:46 pm (UTC)OMG every starship needs a Spock. We'll definitely have to
kidnappersuade him to come along.