DelPen wrote: tifosi77 wrote:
DelPen wrote:Prop 8 should stand, whether or not you think ballot initiatives should be constitutional is another issue.
DOMA should be overturned, it's unconstitutional. If a state will marry two people that license needs to be recognized nationwide juts like a drivers license. And this should also apply to other things like a concealed weapons permit.
This is more about State's rights in both cases, neither has anything really to do about deciding for or against gay marriage.
The CA constitution prohibits the use of ballot initiatives to revoke rights that have been recognized legislatively.... which is precisely what Prop 8 did. Without even getting to the substantive questions about equal rights, it's structurally impermissible.
If domestic partnerships carry the same privileges legally as a union called a marriage does there is no violation of anyone's rights.
The CA legislature recognized marriage rights of same-sex couples. 144 days later, Prop 8 was passed to strip those rights away. That action is prohibited by the CA constitution. Prop 8 never should have been granted a spot on the ballot in the first place, and it has nothing to do with this specific issue.
But by arguing for the inherent sameness of domestic partnerships and marriage, you are essentially saying that the Court got it wrong in Brown v Board of Education
when they overruled the notion of 'separate but equal'.
Put it this way: in your own life, would you rather be domestically partnered? Or married? And why? I'm not even a religious person, but the idea of 'domestic partnership' sounds like what you call a broken marriage that's maintained simply for the sake of the kids. It isn't truly equal. For if it was truly equal...... there'd be no need for it.
DelPen wrote:Tell me how the are different in CA? not being sarcastic, where's the difference.
Because they are not marriages. They create a class of people who can cannot realize from the societal benefits of being married. (Never mind the legal ones; not all domestic partnerships give the exact same rights and privileges as marriage)
Also, domestic partnerships aren't universally portable.