sample032
Voters passed Proposition 8, California's gay marriage ban, sparking calls for protests. Today's featured commenter, sample032, explains the whole big can of worms:
Sorry, but Prop 8 isn't something worth protesting. A state constitutional amendment can't be overturned by a state court. The only legal action left is claiming that it's an equal protection violation, but the Supreme Court would probably say that it isn't because equal protection applies to people, not rights; the state is providing the right to marry to almost everyone, even gays, provided they marry someone of the opposite sex. No one said there has to be love, and there are plenty of loveless marriages out there.
Did protesting 209 do anything? Tell them to be useful and start a petition to repeal the amendment.
The Supreme Court would probably uphold Prop 8, saying that the state is treating everyone equally unfair. A great example of what equal protection stops is the 2000 Florida recount (Bush v. Gore). The Court (7 justices) said that since different standards were being used in the recount, it was unconstitutional. With Prop 8, the standards, so far, have been applied fairly. What the equality camp doesn't mention is that gays can get married.
"...nor shall any State...deny to any person within its jurisdiction the equal protection of the laws."
If it said "couple," Prop 8 would be unconstitutional because it treats couples differently, but it says person.
Now that I think about it, is a way that could lead to overturning Prop 8 through equal protection because it denies marriage to legal persons and the intersexed.