Prop 8 Ruling Divides Political Candidates

Sen. Barbara Boxer, who is up for re-election, praised yesterday's ruling declaring Proposition 8 unconstitutional. President Obama is also opposed to Proposition 8 but favors civil unions over same-sex marriage.

/ AP

Yesterday's ruling on same-sex marriage in California drew a clear contrast between the state's high profile Democratic and Republican 2010 candidates, reflecting the divide that exists among California voters.

District Judge Vaughn Walker yesterday declared that Proposition 8, which bans same-sex marriage in California, unconstitutional.

Democratic gubernatorial candidate Jerry Brown called the decision "great news" via his Twitter account. Brown also released a statement noting that, as state attorney general, he declined to defend the measure in court.

"Proposition 8 violates the equal protection guarantee of the Fourteenth Amendment of the United States Constitution by taking away the right of same-sex couples to marry, without a sufficient governmental interest," Brown said.

Brown's Republican opponent, former eBay CEO Meg Whitman, has said that she is against gay marriage but favors civil unions. She has described her vote for Proposition 8 as a matter of "faith and conscience." After yesterday's ruling, Whitman's spokesperson reiterated that the candidate supports Proposition 8, the Associated Press reports.

Republican Senate candidate Carly Fiorina, former CEO of Hewlett-Packard, also disagrees with yesterday's ruling, according to the AP. She reportedly said voters spoke clearly against same-sex marriage when they voted for the proposition in 2008.

Fiorina's Democratic opponent, Sen. Barbara Boxer, said in a statement that the ruling was "a step forward in the march toward equal rights and reflects a growing legal consensus that marriage equality is protected by the U.S. Constitution."

Residents of California appear to be nearly as divided over the issue as their politicians. A poll conducted in late July by the Public Religion Research Institute showed that, if given the opportunity to vote on the matter again, 51 percent of Californians said they would vote to allow same-sex marriage, while 45 percent said they would keep it illegal.

California's Republican Gov. Arnold Schwarzenegger, who often breaks from his party, praised the Proposition 8 ruling, the Los Angeles Times reports, saying it "affirms the full legal protections and safeguards I believe everyone deserves."

President Obama, meanwhile, reiterated his opposition to Proposition 8 -- without endorsing same-sex marriage, Politico reports.

"The President has spoken out in opposition to Proposition 8 because it is divisive and discriminatory. He will continue to promote equality for LGBT Americans," White House spokesman Ben LaBolt reportedly said.

During his 2008 presidential campaign, Mr. Obama said he opposed same-sex marriage in favor of civil unions while insisting that Proposition 8 was unconstitutional because it singled out a group of people for adverse treatment.

An unnamed White House aide told Politico after yesterday's ruling that Mr. Obama "supports civil unions, doesn't personally support gay marriage though he supports repealing the Defense of Marriage Act, and has opposed divisive and discriminatory initiatives like Prop. 8 in other states."

[patronejohn]

I see that the President opposes this decision but is supportive of "unions". So nice to know that we can be "separate but equal". Does he not remember the civil rights movement? Has he read the decision in Virginia vs. Loving? Shame on President Obama for making such a statement. Apparently if it was up to him, we'd all be riding the back of the proverbial bus! I am sorry I ever voted for this man. This is obviously Bush's third term!
And when it comes down to it, it's the courts, not the President who interperts the law. He should focus on the economy which is a complete disgrace.

[rock0267]

please don't compare the "gay" movement to what blacks went through. Biggest difference, blacks can't choose what color they are, gays choose their lifestyle since you are not born "gay". Why do you think the black community is NOT behind this movement? Gay "marriage" will never be accepted as a real marriage no matter what any state or judge says. People know the difference.

[rock0267]

Here's the thing. You can't say that gay people can't already get married. They CAN get married at this very moment, just NOT TO EACH OTHER. That is not what marriage is. Marriage is one man, one woman. Period. Being gay is a choice, you cannot be born "gay". It is a decision you make. I honestly don't care what any state says, there is not one couple in this country made up of same-sex people that is really married. Some might call themselves that, some states might recognize them. But, truly, they are not really married. It is only a feel-good thought about themselves. Being gay remains an abnormal function.

[gusigusster]

Dear ROCK0267,
Where are you coming from when you say that being gay is a decision one makes? Were you ever faced with the decision "should I be gay, or should I be straight? If you you are not speaking from experience, you should refrain to talk about other people's experiences. I am gay, I never made the decision to be gay. Who, in their right mind, would want to choose to be discriminated against on a regular basis? You are attracted to men, to women or to both. That is how human nature works. Now, you may choose to express this attraction or refrain from expressing it. You are speaking from one perspective that says that being attracted to someone of your own sex is morally wrong. That is very ethnocentric (look it up in the dictionary). Ok, I was refraining from expressing this, but now, I choose to express it: ROCK0267, you are just a selfish idiot. Sorry, nature was stronger...

[richardbl-2009]

"It is just as plausable for a theft advocacy group to legalize theft as it is for the LGBT advocacy groups to legalize perverse behavior"

Thank you for demonstrating once again that social conservatives don't understand the difference between the acts between two consenting adults and stealing someone else's possessions without their consent. Sorry to shatter your narrow-minded dreams, but neither individual nor group OWNS the institution of marriage in any way, shape, or form.

[klepto6672]

I steal things. That is who I am. Why is it that everyone is so prejudiced against me, and discriminates against me? Why?

It's something I cannot control. I get the urges from the bottom of my soul. I just must go out and steal! It might be your car, it might be your watch, or it might even be your cash, but I just have to do it! It is a part of who I am!! I want equality here too! Stop discriminating against me! I want equal protection under the constitution also!

Theft is an industry just like any other industry. Why do you legislate against it but not other industries? We have trade groups (the mob, and gangs) dedicated to purveying this industry and making it thrive! It should become an established norm just like any other one!

What makes you think that just because you don't steal, that I shouldn't? If there is no such thing as faith and conscience under the law, let's just make it legal to do it so that nobody is breaking the law!

You say I shouldn't be allowed to take your stuff because you work hard for it? DO you think stealing isn't hard work? I assure you it IS very hard, and takes a lot of creativity to do it successfully, and make a career out of it!

[I hope you figured out the above was satire, and intended to make a point. Just because a group advocates something, doesn't necessarily mean it's the right course of action, regardless of what a judge rules. It is just as plausable for a theft advocacy group to legalize theft as it is for the LGBT advocacy groups to legalize perverse behavior--and base them upon the very same arguments! Just because a behavior becomes popular and accepted in one segment of society does not mean that it should be allowed. Judge Walker, you should be ashamed of yourself, and I hope someone with some sense over-turns your decision.]

[grainne-mhaol]

You think gay marriage should be illegal, I think people as stupid as you should be euthanised. Let's agree to disagree.

[MerrellObrian]

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

There it is, word for word! This is WHY some Republicans want it gone. Fight for America. Fight Conservatives who've become radicals!

[JakePH]

I think the problem is that the neo-cons don't think of others as people, and certainly not people that should fall under the same protections they horde for themselves.

[thebob-bob]

They can take their pick. The party of No, the pro-torture Party, the radical Christianist extremists, religious-rule Party, the party of Fear, hatred, and Division or The Party of Truth, Justice and The American Way for All.

It's pretty clear which is the Republican Party.

[PVperson2]

See Whitman even admits that prop 8 is a law based on "faith and conscience." and not equity under the law as provided by the Constitution.

[JakePH]

So gays don't have a right to follow their "faith and conscience?"

BTW: Trying to portray marriage as a religious issue, and then demanding that a minority be banned from its practice, is even a worse argument than the secular angles. Other people have the same rights to religion as you, even if you don't agree with them.