1. No same-sex legal marriages can take place in CA right now. There is a stay which will probably remain in place as this thing goes through the 9th Circuit and on to the Supremes. This could take years.
2. The US has not legalized gay marriage.
3. There is no guarantee of what will happen in the Supreme Court (because of the purpose of the 9th Circuit, that should be no problem), although yesterday's ruling was extremely, extremely cleverly reasoned and incredibly legally sound. It's a remarkably strong document.
4. DOMA is still on the books.
5. Other than momentum and hope, today is exactly like yesterday.
no subject
Date: 2010-08-05 02:07 pm (UTC)(As for those who would argue against SSM here in your journal: by the same "logic" they try to use, if you and a majority of your readers don't want them here they would have to shut up because they're outvoted even if free speech in your space were a right, which it isn't. Want to bet the parallel never occurs to them?)
no subject
Date: 2010-08-05 02:11 pm (UTC)no subject
Date: 2010-08-05 02:19 pm (UTC)If we suddenly told people that they could not adopt children or get married unless they were "some specific thing" they would be up in arms.
Fear and ignorance is not a good for anyone!
My biggest peeve, such a mild word!, is that so many hide behind religion when it is really about their own issues!
A truly loving higher power would be about acceptance and love.
Not this action of abuse through laws.
I don't see in the constitution where any group is outlined as not being covered!
And by gum if anyone tries to add it now I will break their pens and then their fingers! ;)
Can you tell I feel strongly about this subject?
no subject
Date: 2010-08-05 02:22 pm (UTC)no subject
Date: 2010-08-05 02:38 pm (UTC)no subject
Date: 2010-08-05 02:45 pm (UTC)*standing ovation*
Date: 2010-08-05 02:46 pm (UTC)Until yesterday, I wouldn't have thought that would need to be explicitly stated here, but sadly I was wrong.
And yes, great interview with Joseph Gordon-Levitt, thanks for linking.
no subject
Date: 2010-08-05 02:51 pm (UTC)no subject
Date: 2010-08-05 02:54 pm (UTC)I loved the fact that he made crystal clear the state's interest in marrige is solely based on teh stabilty, economic benefits (or costs) and security of the state and persons in it. Having that legal document as a working primise for this issue is possilby the best thing I can think of.
I also adore, aboslutely, the fact that he stated explicity that in the protection of rights for minorities (which he stated, explicitly and unequivocally gay people are), is not something that is uncer the purview of majority rules or votes.
I fanboy that judge for that document.
It was so ... strange, how the prop 8 defenders handled their case though. Did they assume the judge was already so sympathetic they could be sloppy? Did they really believe that an unthought and ill-defined concept of moral needs were going to be sufficient? I have no idea. Then again, considering one of the quotes from Scalia implied that you had to use moral judgement in order to defend marrige maybe they did assume it was sufficient. But their handling of the case was so astonishingly careless I can't really imagine what they were thinking.
no subject
Date: 2010-08-05 03:09 pm (UTC)I'm hoping to get to read the decision word for word today - what I scanned yesterday was brilliant. As you say, it's not just about marriage; it takes some brilliant and overdue stabs at gender discrimination. I think and hope that in the future, this ruling is going to be the lever to topple a lot of bad social precedent.
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Date: 2010-08-05 03:15 pm (UTC)"We don't like gay marriage, therefore it should be illegal. QED."
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Date: 2010-08-05 03:22 pm (UTC)no subject
Date: 2010-08-05 03:38 pm (UTC)no subject
Date: 2010-08-05 03:38 pm (UTC)As a worker in a medical office: HA! HA HA HA HA! 70% of our income is from Medicare. Run by - guess who?
no subject
Date: 2010-08-05 03:42 pm (UTC)Re: *standing ovation*
Date: 2010-08-05 03:43 pm (UTC)no subject
Date: 2010-08-05 03:47 pm (UTC)no subject
Date: 2010-08-05 03:48 pm (UTC)I've been trying to figure this out as well because they seem almost hilariously incompetent and that worries me. They can't really be that useless, else they wouldn't have gotten the thing passed in the first place. (Though they got ready made support and organisation from religious groups, which they didn't seem to have here, who probably would have campaigned regardless of how incompetent these people were.) I guess what I want to know is the real reason they dropped all those witnesses.
no subject
Date: 2010-08-05 03:49 pm (UTC)It's like the actual words and rational thought process this judge offered- means absolutely nothing to them because of this. That sort of rationale disturbs me a great deal for what it, well, not what it implies but what it pretty loudly proclaims.
no subject
Date: 2010-08-05 03:50 pm (UTC)Oh, but right, polite society demands we at least pretend to view those groups as human now.
no subject
Date: 2010-08-05 03:51 pm (UTC)For some reason, the American Family Association sends out e-mail blasts that get caught in my spamtrap at work. So I saw their initial response, which was "The judge is gay, therefore he is BIASED against us poor oppressed CHRISTIANS!!!!"
no subject
Date: 2010-08-05 03:57 pm (UTC)no subject
Date: 2010-08-05 04:03 pm (UTC)no subject
Date: 2010-08-05 04:07 pm (UTC)It's funny, I don't generally read the legal document that results from a court case but I read this one and listening to the OMG! he's queer so he must have been biased! whining becomes so ... bizarre now that I did.
Even setting aside my own feelings about the issue, I think this brief was excellently written and is really going to force the appeals process to actually deal with the core issues -- that basic rights aren't up for majority vote (and never have been), that the state's interest in marriage is secular, not moral and that there are no measurable harms that occur from same sex marriage.
no subject
Date: 2010-08-05 04:09 pm (UTC)The great thing about this doc, IMO, is that however skilled the next legal team is, they are still going to have to answer some very hard questions to address the stuff brought up in the brief.