Gay Marriage Law In California

Gay Marriage Quiz by Gene Lalor
“Okay, get your thinking hats on, class, please, because we have a little quiz today and let’s have no cheating, borrowing answers, or conferencing. It’s an easy quiz, just one question, and those of you who have kept up on current affairs-and not the affairs in Hollywood or on Desparate Housewives-should do just fine if you’ve been paying attention to the world around you.”
Sounds of discontent begin.
“Ok, here we go. You will have more than enough time to pose queries and then 10 seconds from the time I finish asking the question and the end of the Q&A to write your answer. And stop the complaining that 10 seconds isn’t enough time. The quiz requires only a simple ‘yes’ or ‘no’ response.
“The one question is, and wait until I finish asking it before you interrupt, please: Has any state in the United States of America ever approved by a constitutional, popular vote the legalization of marriages of people of the same gender? Yes or no?”
Suzie at once raises her hand and blurts out, “You never said we had to know this for a test!”
“Well, no, Suzie, but this isn’t a test, it’s just a quiz.”
“Yeah, but still, it’s no fair,” Suzie adds as she folds her arms in indignation and murmurs of agreement filter through the room.
“What do you mean by, ‘constitutional, popular vote,’ anyways?” Johnny blurts out. “What’s so popular about voting?”
“No, Johnny, ‘popular’ there refers to ‘reflecting the will of the people,’ not ‘popularity’ as with rock stars, for example.”
Johnny harrumphs.
“Any other questions?”
“Yeah, Teach, ah got a question,” Lionel chimes in. “What about this constitution thing, huh? I mean, what’s dat got to do with it? Who cares what some old White dudes wrote down thousands of years ago?”
Encouraged by a smattering of tepid applause, Lionel goes on. “I mean, if some sistah and some other sistah or some brutha and some other brutha wanna make hookin’ up all legal and whatevah, why not let them be happy? Ya know what ah mean?”
Lionel returns to his seat to another smattering.
“Umm, Lionel, I know what you mean, I think, but first of all, it was hundreds, not thousands, of years ago, 1787, to be precise, and…”
“Wait, what’s all this have to do with the quiz?” Dwight asks.
“Good point, Dwight, and if there are no other questions, the 10 second answering time begins now.”
“Wait, wait, hold up, please! How much will this count toward our final average?” Suzie blurts out.
In the event it wasn’t obvious, that dialogue never actually happened verbatim although in one way or another it may well be the topic of discussion in many a classroom over the next week or so given the most recent trashing of America’s Constitution by the Iowa Supreme Court: http://www.breitbart.com/article.php?id=D97B1TH80&show_article=1.
Once again, a judicial entity has superseded the authority and the right of the American people to determine who is legally entitled to marry whom in an ostensible democratic republic.
This issue of homosexual marriage seems to have a life of its own. Voted down by popular vote in California last November when Left Coasters resoundingly, and surprisingly, endorsed this simple 14 word amendment to its constitution, “Only marriage between a man and a woman is valid or recognized in California,” one would have thought the case was closed.
Not by a long shot.
Even though the vote was 52.3% to 47.7% against the gay agenda, in one of the most liberal states in the nation, that expression of the majority will of the people only ignited homosexual activists who then resorted to heated demonstrations, rioting, threats of violence, and even death threats to get their way.
(See “Homosexuals Resort To (More) Threats of Violence,” http://www.genelalor.com/blog1/?p=745, for details and links to those efforts at intimidation.)
Undeterred by that defeat, and preceding it, homosexuals have also been resorting to liberal state courts as a remedy for their grievance against American society’s refusal to surrender a most basically-held moral and practical beliefs: Marriage = one man and one woman, no mix and match, no combos, no blends, no inanimate objects, no gerbils or any other members of the animal kingdom.
The moral feature is rooted in our adherence to our Judeo-Christian culture and tradition, the practical concern is that it has served our nation well and has served well our planet for eons in providing a certain stability and adherence to Natural Law.
Courts are, regrettably, free to rule otherwise-and Americans are free to reject those rulings pending appeal to higher federal courts, legislative repudiation of those Judeo-Christian mores, and a reversal of Natural Law.
All evidence points to an unending struggle with homosexual community activists who are not content either with the closet nor with current laws in the remaining 47 states which still reject sanctioning same sex marriages. It promises to be a long and vituperative battle.
The 7-member Iowa Supreme Court’s unanimous decision in favor of the Gay Lobby, seen celebrated here by gay Iowa legislators, strikes down that state’s same-sex marriage ban but does not change nature’s realities and cannot alter the views of the vast majority of Iowans.
The 69 page decision includes this opinion by Associate Justice Mark Cady: “We are firmly convinced that the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective. The legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification.” (http://www.desmoinesregister.com/article/20090403/NEWS/90403010)
Absent in that firm conviction is any reference to moral right and wrong and, obviously in our increasingly godless society and liberal courts, any reference to God’s opinion of rightness and wrongness.
Is not preservation of family an “important government objective?” Is not protection of society from the corruption of its sense of morality an “important government objective?” Are not child predators, murderers, polygamists, pornographers, et al. also “historically disfavored?”
Where is the precedent for this decision? As far as I know, agitation by groups such as gay rights group Lambda Legal and NAMBLA does not constitute precedent.
The case took more than three years to get to Iowa’s highest court which ruled on the matter with what some considered unseemly haste, as if it were chomping at the bit to legislate its radical social theories from its unelected bench. Iowa, a generally conservative state-except in the last election-now joins arch-liberal Massachusetts and Connecticut in sanctioning homosexual marriage.
Associate Justice Cady also wrote, “This approach does not disrespect or denigrate the religious views of many Iowans who may strongly believe in marriage as a dual-gender union, but considers, as we must, only the constitutional rights of all people, as expressed by the promise of equal protection for all.”
Oh, really? It doesn’t “disrespect or denigrate the religious views of many Iowans?” It’s tough to imagine any greater disrespect or denigration short of informing Iowans that you seven magistrates are the wizards behind Oz’s curtain setting them straight and offering to lead them out of their ignorance.
That introductory dialogue is a case in point on how dismally Americans and, principally, our youth grasp what’s in process in America.
In the event anyone is still unaware, in its continuing, tireless effort to subvert our young and make court decisions such as that in Iowa superfluous, homosexuals still plan to stage their Day of Silence in America’s schools on Friday, April 17th, a day of silence to afford them the opportunity to recruit our kids. Please see their plans here: http://www.genelalor.com/blog1/?p=931
What an ugly new world, what a twisted judicial system we have constructed for ourselves! Suzie would probably say, “This is all just stupid! Do we have to know this for a test?”
About the Author
http://genelalor.com/
David Allen – The Law & Gay Marriage: Part I – CA Supreme Court’s Ruling on Gay Marriage
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Same Sex Relationships: From ‘Odious Crime’ to ‘Gay Marriage’ $77.25 This book is based on the Clarendon Lectures in Law given in October 2005. The book deals with the remarkable change in society’s attitude to homosexuality since the 1960’s, and the 2005 Civil Partnership Act, which creates a framework in which same-sex couples can have their relationship legally recognised in much the same way as heterosexual marriage. It examines questions such as what are the essentials of the civil partnership relationship? Do civil partnerships really provide for a ‘gay marriage’, and if not, will they satisfy the demands for equality increasingly being made by the gay community? |
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Gay Marriage: For Better or for Worse?: What We’ve Learned from the Evidence $3.98 Opponents of same-sex marriage in the United States claim that allowing gays and lesbians to marry would undermine the institution of marriage, weaken family structures, and cause harm to children. Drawing from 17 years of data and experience with same-sex marriage in Scandinavia (in the form of registered partnerships), Gay Marriage: For Better or for Worse? is the first book to present empirical evidence about the effects of same-sex marriage on society. Spedale and Eskridge find that the evidence refutes conservative defense-of-marriage arguments and, in fact, demonstrates that the institution of marriage may indeed benefit from the legalization of gay marriage. If we look at the proof from abroad, the authors show, we must conclude that the sanctioning of gay marriage in the United States would neither undermine marriage as an institution, nor harm the wellbeing of our nation’s children. "A very interesting book that people should read." –Bill O’Reilly, Host, The O’Reilly Factor "Whatever your views are now on same-sex marriage, this is the book to read to be informed about why same sex couples want legal recognition and what legal union means to them and to the larger community. Spedale and Eskridge give detailed accounts of the effects of registered partnerships in Scandinavia–and along the way, offer fascinating and engaging pictures of many people’s lives." –Martha Minow, Jeremiah Smith Jr. Professor, Harvard Law School "Spedale and Eskridge illuminate with remarkable even-handedness a debate that tends to generate more heat than light. They provide a cogent analysis of conservative arguments that same-sex matrimony threatens conventional marriage, and argue persuasively that enabling same-sex partners to marry may actually strengthen that beleaguered institution." –John Podesta, President and CEO, Center for American Progress "An important and timely contribution. It should be required reading for anyone interested in the future of families in America." –Martha Albertson Fineman, Robert W. Woodruff Professor, Emory Law School |
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Operation Marriage $11.16 Set in the San Francisco Bay area months before the passage of Proposition 8 banned gay marriage in California, this heartwarming picture book tells the humorous story of two stubborn kids who take matters into their own hands. When Alex loses her best fr |
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Just Marriage $37.1 From the ground breaking legal decisions on gay marriage to the promotion of marriage for low-income families, the "sacred institution" of marriage has turned into a public battleground. Who should be allowed to marry and is marriage a public or private act? Should marriage be abandoned completely? Or should marriage be redefined as a civil institution that promotes sexual and racial equality? As the fierce national debate over same-sex marriage and civil unions continues, Mary Lyndon Shanley argues that while the state should continue to play a role in regulating personal relations, the law must be fundamentally reformed if marriage is to become a more just institution. Fourteen prominent writers and thinkers respond, including Nancy F. Cott, William N. Eskridge, Jr., Amitai Etzioni, Martha Albertson Fineman, and Cass R. Sunstein. |
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Why Marriage Matters: America, Equality, and Gay People’s Right to Marry $3.98 "At its core, the freedom-to-marry movement is about the same thing every civil rights struggle has been about: taking seriously our country’s promise to be a nation its citizens can make better, its promise to be a place where people don’t have to give up their differences or hide them in order to be treated equally." "Why Marriage Matters" offers a compelling, intelligently reasoned discussion of a question at the forefront of our national consciousness. It is the work of one of the most influential attorneys in America, who has dedicated his life to the protection of individuals’ rights and our Constitution’s commitment to equal justice under the law. Above all, it is a clear, straightforward book that brings into sharp focus the very human significance of the right to marry in America — not just for some couples, but for all. Why is the word "marriage" so important? Will marriage for same-sex couples hurt the "sanctity" of the institution? How can people of different faiths reconcile their beliefs with the idea of marriage for same-sex couples? How will allowing gay couples to marry affect children? In this quietly powerful volume, the most authoritative and fairly articulated book on the subject, Wolfson demonstrates why the right to marry is important — indeed necessary — for all couples and for America’s promise of equality. |
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Marriage Law $58.45 Marriage laws refer to the legal requirements which determine the validity of a marriage, which vary considerably between countries. |
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Moral Argument, Religion, and Same-Sex Marriage: Advancing the Public Good $87.3 The diverse expert contributors to this volume from the fields of politics and law use moral argumentation with respect to same-sex marriage, gay rights in general, and California’s Prop 8. The arguments are advanced in terms of the nation’s foundational political and legal principles, extending ethical argumentation to important contemporary public policy areas such as marriage, the separation of church and state, and the rearing of children. Several chapters also contest the perceived if not actual establishment in the law and public policy of heterosexist and religious bias that continues to work against full and meaningful inclusion of sexual minorities. This bias is ironically and improperly couched in the language of American political and religious values, and it misunderstands the nation’s core principles, or willfully miscasts them as inapplicable to many Americans and their families. Nonetheless, this bias is pervasive in the nation’s political discourse, working to deny an important right and the recognition of equality to many citizens. The main contribution ofMoral Argument, Religion, and Same-Sex Marriage is in its direct engagement with the political and legal arguments of the gay community’s critics on their own moral and ethical terms. Along the way, important concepts in public discourse_such as governmental neutrality, the right to marry, and religious freedom_are presented and cast in the light of liberal-democratic theory. |
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Same-Sex Marriage $78.5 Same-sex marriage (also called gay marriage) is a legally or socially recognized marriage between two persons of the same biological sex or social gender. Same-sex marriage is a civil rights, political, social, moral, and/or religious issue in many western nations. The conflict arises from the term "marriage" being used to include same-sex relationships as well as an often-overlapping government- endorsed civil status with legal benefits. Support for same- sex marriage is often based upon what is regarded as a universal human rights issue, equality before the law, and the goal of normalizing LGBT relationships. Opposition to same-sex marriage is often based upon the inclusion of same- sex couples in the word marriage. Other reasons may include direct and indirect social consequences of same-sex marriages, parenting concerns, freedom of religion concerns, religious grounds, or tradition. Many supporters of same-sex marriage attribute opposition to it as coming from homophobia. |
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Commentaries on the Law of Marriage and Divorce $47.1 Subtitle: With the Evidence, Practice, Pleading, and Forms: Also of Separations Without Divorce, and of the Evidence of Marriage in All Issues General Books publication date: 2009 Original publication date: 1881 Original Publisher: Little, Brown, and Co. Subjects: Marriage law Divorce Separation (Law) Forms (Law) Family |
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The American Bar Association Guide to Marriage, Divorce & Families: Everything You Need to Know about the Law and Marriage, Domest $3.98 From the nation’s most authoritative legal organization, American Bar Association guides are invaluable resources for the lay person. Thoroughly researched, updated, and reviewed by association members, each book features tips, checklists, and key information, presented in well-organized sections. The definitive resource for family-related legal issues. Now thoroughly revised and updated, this guide contains everything heads of households, parents, and divorcees should know about the law and their rights. – Topics include marriage, divorce and separation, adoption, child support, dependent care, bankruptcy, and retirement and estate planning – Also includes information for unmarried couples, unconventional families, and gay and lesbian couples |
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Divorce and Family Law in California: A Guide for the General Public $19.65 "Divorce and Family Law in California" provides a clear, concise, and complete guide to divorce and family law in California. Topics covered include: Marriage, Divorce, Annulment, Legal Separation, Property, Debts, Spousal Support, Unmarried Couples, Paternity, Custody & Visitation, Child Support, Guardianship, Adoption, Dependent Children, Children’s Names, Restraining Orders. A California attorney since 1978, Bob Pickus works for the Alameda County Employees’ Retirement Association in Oakland, addressing primarily the impact of divorce on retirement benefits. He also volunteers for the Volunteer Legal Services Corporation in Oakland, providing weekly divorce and family law clinics and follow-up services for low-income persons. |
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The End of Straight Supremacy: Realizing Gay Liberation $21.56 Rooted in the politics and theories of early gay liberation and radical feminism, Shannon Gilreath’s The End of Straight Supremacy presents a cohesive theory of gay life under straight domination. Beginning with a critique of formal equality law, centering on the like-straight demands of liberal equality theory as highlighted in Lawrence v. Texas, Gilreath moves to criticize the gay movement itself, challenging the assimilation politics behind the movement’s blithe acceptance of discrimination in the guise of free speech and pornography in the name of sexual liberation, as well as same-sex marriage and transsexuality as tools of straight hegemony. Ultimately, Gilreath rejects both the liberal demand for gay erasure in exchange for meager legal progress and the gay establishment agenda. In so doing, he provides both the vocabulary and analysis necessary to understand and to resist straight supremacy in all its forms. In The End of Straight Supremacy, Gilreath calls gays and their allies to the difficult task of rethinking what liberation and equality really mean. |
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The Marriage-Go-Round: The State of Marriage and the Family in America Today $16.46 From one of the nation’s leading experts on the American family, a book that explores the state of marriage in America today; its evolution culturally; and with regard to religion and the law, how and why the present state of marriage–a merry-go-round of partnerships–developed, and the implications for parents and children. During Andrew J. Cherlin’s three decades of study and analysis of family life, he came to see that marriage in the United States was different than in other Western countries–Western Europe, Canada, Australia, and New Zealand–in a way that no one was writing about. He realized that marriage in America, unlike in other countries in the world, was seen as a cultural idael, and the U.S. government was spending money to promote its continuation. The institution of marriage had become a social and political battlefield. Cherlin writes that Americans marry more repeatedly and have more live-in partners; that marriage and remarriage, frequent divorce, and short-term cohabiting relationships have resulted in a core upheaval in American family life; and that American children have been left to cope with the frequent and disruptive comings and goings of parents. He writes that Americans have come to embrace two contradictory models of personal and family life: marriage, a formal commitment to share one’s life with another; and individualism, which emphasizes personal growth and development. The former promotes a lasting relationship; the latter encourages one to move on. Each model is culturally reinforced by two basic, powerful institutions: religion and law. Cherlin writes about the inconsistency of American religion and law with regard to family life. He argues that contemporary religion, although supportive of marriage, embraces the quest for self-development. And he makes clear that family law, which used to be centered on marriage, is today focused on the individual and his or her obligations to children. He discusses the movement and civil struggle for same-sex marriage in America as opposed to in many European countries, where marriage is seen by gay couples as an oppressive heterosexual institution. A fascinating book that illuminates the shifting nature of America’s oldest and most cherished social institution, the subject of intense and ever-increasing national debate. "From the Hardcover edition." |
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Legalizing Gay Marriage $10.76 Every day seems to bring news of legal challenges to existing marriage laws and the constitutionality of any form of union for same-sex partners. In this timely and accessible book, Michael Mello argues that the public debates and political battles that have divided Vermont and Massachusetts will be repeated across the country as state after state confronts the issue of legalizing gay marriage. Mello examines recent landmark decisions in state and federal high courts granting civil rights protections to homosexuals. In Vermont, the Supreme Court’s recommendation that legislators recognize the common humanity that links all individuals irrespective of sexual identity and consider the question of same-sex marriage resulted in the first state legislation to establish civil union. In Massachusetts, the court’s ruling that gay marriage is a right protected by the state constitution has plunged the legislature into a contentious debate about a constitutional amendment. In both states, as in California and New York, public discussion of equal civil protections for gays and lesbians soon become mired in contending views of morality, religion, social mores, and the sanctity of heterosexual marriage. Mello regards the widespread and virulent opposition to any form of same-sex unions as proof that in Vermont, as elsewhere, homosexuals are indeed a despised minority in need of the law’s protection. Thus, civil union laws represent only a partial victory because they create a separate and inherently unequal category of relationships for gay people. Mello’s analysis of the issues provides an invaluable guide to the battles being waged in state legislatures and by politicians at the national level. |
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