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To: CounterCounterCulture

I wish folks on our side would propose an alternative rather than hooting and screeching in derision. Monogamy should be encouraged.


93 posted on 05/26/2009 10:45:10 AM PDT by RightOnTheLeftCoast (1st call: Abbas. 1st interview: Al Arabiya. 1st energy decision: halt drilling in UT. Arabs 1st!)
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To: RightOnTheLeftCoast

I think we try, the welfare state tries to punish faithful monogamous one man, one woman nuclear families. They reward unwed motherhood and support abortion. Those of us who support traditional families are fighting the whole government.


96 posted on 05/26/2009 10:48:24 AM PDT by mrsmel (Put the Gitmo terrorists near Capitol Hill.)
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To: RightOnTheLeftCoast
I wish folks on our side would propose an alternative rather than hooting and screeching in derision. Monogamy should be encouraged.

The decision has already done that:

Applying similar reasoning in the present context, we properly must view the adoption of Proposition 8 as carving out an exception to the preexisting scope of the privacy and due process clauses of the California Constitution as interpreted by the majority opinion in the Marriage Cases, supra, 43 Cal.4th 757. The scope of the exception created by Proposition 8, however, necessarily is determined and limited by the specific language and scope of the new constitutional provision added by the ballot measure. Here the new constitutional provision (art. I, § 7.5) provides in full: "Only marriage between a man and a woman is valid or recognized in California." By its terms, the new provision refers only to "marriage" and does not address the right to establish an officially recognized family relationship, which may bear a name or designation other than "marriage." Accordingly, although the wording of the new constitutional provision reasonably is understood as limiting use of the designation of "marriage" under California law to opposite-sex couples, and thereby modifying the decision in the Marriage Cases, supra, 43 Cal.4th 757, insofar as the majority opinion in that case holds that limiting the designation of "marriage" to the relationship entered into by opposite-sex couples constitutes an impermissible impingement upon the state constitutional rights of privacy and due process, the language of article I, section 7.5, on its face, does not purport to alter or affect the more general holding in the Marriage Cases that same-sex couples, as well as opposite-sex couples, enjoy the constitutional right, under the privacy and due process clauses of the California Constitution, to establish an officially recognized family relationship. Because, as a general matter, the repeal of constitutional provisions by implication is disfavored (see, e.g., In re Thiery S. (1979) 19 Cal.3d 727, 744; Warne v. Harkness (1963) 60 Cal.2d 579, 587-588), Proposition 8 reasonably must be interpreted in a limited fashion as eliminating only the right of same-sex couples to equal access to the designation of marriage, and as not otherwise affecting the constitutional right of those couples to establish an officially recognized family relationship.
Legalese-to-English Translation: Proposition 8 is strictly limited to the use of the word "marriage". The state is still obligated to provide access to the exact equivalent under some other label.
159 posted on 05/26/2009 2:45:06 PM PDT by steve-b (Intelligent design is to evolutionary biology what socialism is to free-market economics.)
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