Californians: Thinking You're Pro Proposition 8? Think Again

Another point I'd like to make is that the hetero only people had better not test California.  They may have gotten their law of hate to stick in other states, but Cali will get it to the Supreme Court.  We have the passion and we have the lawyers that can do it.

You don't want this tested at SCOTUS.  Even though you think you have a conservative majority there who will do as they are told, you are wrong on same sex marriage.  It is   an atrociously politicized court under Roberts,  but there is something you don't know.   The Roberts court has a majority between those in the closet and liberals, according to those with gaydar who have outed many in public office accurately.

Take for example the Massachusetts case involving a teacher who read a story that includes the marriage of two princes.   I don't know the story.  I'm sure it doesn't have a description of how to perform in bed after a wedding so it would be as innocuous as all the fairy tales told to kids.

The school or district was sued and apparently the Circuit Court decided that the school could allow that.  The hetero only people sneer that the "courts" forced more of this on their children.

What they don't tell the people of California is that the case didn't stop at the Circuit level.  It was shopped to the SCOTUS.  At the US Supreme Court according to Jeffrey Toobin in "The Nine" a case only needs 4 supporters to get on the docket.  The hetero only people couldn't get four justices who wanted to overturn the Circuit Court decision on that I presume or at least to hear the arguments.

This is why I'm saying that, if you personally don't want same sex marriage to be the law of the land, you'd better not get this headed towards the Roberts court by pushing onerous discrimination on the families in California who have breathed fresher air for 5 months.   Don't put it back on the parents of children who no longer had to live in second class families.

It will be Roe v Wade all over again.  

(And this probably goes for Connecticut too.  I read that right wing groups were planning to keep themselves in expensive clothes by collecting money for a reinstatement of discrimination in the Constitution State as well.)

State Constitutions Do Not Have to Back Same Sex Marriage

I remember on the day we heard that Connecticut State Supreme Court had voted that same sex marriage was not only OK, but actually pushing civil unions was an act of discrimination, I thought "Of course they would say that".

The reason that they would is that the right for two consenting adults to form a marriage union whether same or opposite sex is inherent in equal protection under the law.

Equal protection under the law is from the US Constitution.

  

State Constitutions must conform to the US Constitution in allowing the rights it allows.

I also notice that the Prop 8 people in California are not using the old lie that allowing same sex marriage would open the door to child brides and polygamy, at least on the NPR programs I've listened to, they don't.  Yeah, just try to get that passed Warren Olney without a question that shows just how ridiculous such claims are.   

It's simple as pie.  Two consenting adults. 

No children, no polygamy.

And it doesn't matter if they chose the Gay-Lesbian experience or they are born that way.  I'm not a scientist though I do remember reports appearing that seem to indicate we are all born into our sexual preference,  even us heteros.

Still, the right of free speech is a right though what we say is mostly a matter of choice.  So, even if the "from birth" link hasn't been 100% proven it makes no difference.

Equal Protection Under the Law.