California Supreme Court Agrees To Hear Prop. 8 Challenges

The California Supreme Court has agreed to hear the Proposition 8 challeges, and defenses over the course of the next few months.  The court issued its order this afternoon, which you can read here.  The briefing schedule outlined in the order begins now and goes through January 2009.  It is unclear when there might be oral argument and a decision.  The Los Angeles Times reports:

 

The No’s Doth Protest Too Much

I’m all for political protest.  Unlike some recently judicially created rights, free speech and political protest is actually a fundamental right, with a long and well respected history of Constitutional protection, both at the state and federal levels.  I’ve watched, as I’m sure many have, the political upheaval and fallout from California’s citizens exercising their fundamental right to amend the constitution of their own state.   That is still a protected fundamental right isn’t it?–the right of the people to vote, to express their mandate at the ballot box.  That’s still a protected fundamental right, reserved by the people to define the social and political mandates of society?  I’ve tried to channel some thoughts in response to all this protest–in no particular order of importance:

 

He Raises Up Wise Men Still

Congratulations to President Elect Obama.  This is an historic evening.  I’m not sure I have anything profound to add.  I feel grateful to be alive to witness the Cradle of the Restoration elect the first African-American President in its Divine history.  For those who think God no longer has a hand in America’s future–think again.  He raises up wise men still. I am proud to be a Californian.  I am proud to be an American.  I am proud to be one of  the weakest of those who are or who can be called a saint.

I am optimistic for America’s future.  God does Bless America.  May He continue to shed His Grace on this great land in the coming weeks, months and years.

 

Equal Protection, Fundamental Rights, And Genderless Marriage

As I have watched the genderless marriage debate rage in California since the Ides of May, 2008 I have been amazed–perhaps even impressed at the effectiveness of the genderless marriage proponents to convince the electorate that this is an equal rights or fundamental rights issue.  While I vigorously disagree with that proposition (as I will explain in greater detail in this post), I think the genderless marriage proponents have done a incredible job of wrapping the debate in the cloak of equal protection and fundamental rights.

 

In Memory Of Our God, Religion, and Freedom . . .

 

If Proposition 8 Wins On Tuesday

So, what will happen?  Do our lesbian/gay sisters and brothers lose all their rights?  Do they revert to second class citizens, as some ads suggest?  You’ve probably seen the television ads portraying Proposition 8 as the same as denying civil rights to our African American sisters and brothers prior to the Civil Rights Act and Civil Rights Movement of the 40’s 50’s and 60’s.  As best I can tell none of this is true.  Rather, what will happen on November 5, 2008, should Proposition 8 prevail at the polls with a majority vote of California’s residents follows below the jump:

 

Samuel the 8anite

 

Dissident Mormons?

I love Peggy Fletcher Stack, one of the Salt Lake Tribune’s best writers.  Really, I do.  Well, let me clarify.  I love her articles–I really do.  Peggy (if I may be so informal–she calls me Guy–probably among lots of other things too ;-)) anyway, Peggy has written some of the best articles about the LDS Church both from a mainstream point of view, and also from a less traditional point of view.   On some things we see eye to eye–other times not.  Peggy has a pretty good article in today’s Salt Lake Tribune, entitled Dissident Mormons.  I encourage you to read the whole thing. 

 

Whether You Like It Or Not (Or Gay Marriage Day For 1st Grade)

Mayor Gavin Newsom’s bombastic in your face proclamation on the family, “whether you like it or not” has come home to roost in the California genderless marriage debate.   And, at the center is a group of first graders, used as pawns in that debate.

 

The State’s (Societal) Interests In Preserving Man/Woman Marriage

As we approach election day here in California, I think it instructive to understand what legitimate interests the state (any state, not just California) has in promoting and sanctioning man/woman marriage over genderless marriage.

One of the most significant cases outlining the state’s interests was Hernandez v Robles 855 N.E.2d 1 (2006), where the New York Supreme Court soundly rejected genderless marriage in New York.  I look to New York, because their supreme court is well established and well respected–and frankly because the California State Supreme Court got it wrong.