california: I hear a lot of jargon about constitutional law, wherein neither the people nor the Legislature do not have the right to revise or adjust the California State Constitution, which is what Prop 8 does. And the very proposition violates the constitution itself. There is an equal protection clause that causes prop 8 to be in direct contradiction with the constitution. Yes, the courts and legislature do have the power to overturn it because it's not an amendment, it's a revision. And the "will of the people" cannot violate the rights of the minority. What is the truth?|||Fundamentally Jack is correct - there is no discrimination. Every man has the right to marry any willing woman and vice versa. No man has the right to marry another man. Problem is that homosexuals want the term "marriage" to be changes. It's not a civil rights issue, it's a perception issue, and most people do not want the perception of marriage to be changed to include men-men and women-women. Frankly I could care less. Morally I could care less. But LEGALLY, there is no discrimination, no violation of rights, and frankly, had Proposition 22 be upheld it probably would have been overturned because it was simply a law. Now that 8 passed, it will be extremely difficult indeed to change the constitution.|||I think that gays and lesbians should be able to marry. It's not like they made themselves homosexual, they are born that way. Report Abuse |||In California, it is possible for the people to put an amendment in the state constitution by a majority vote. However, if it is a revision instead of an amendment, it needs to be voted on by the legislature, with a 2/3 majority in order to pass. Also there is the issue of the equal protection clause. The court will be considering these things for the next few months.|||The other answer are correct, I'm not even gonna try and describe it. (Second is by far more correct). However, my thoughts are like yours. With the passage of this, there starts to become a tyranny of the majority over the minority. One reason why I am hopping it gets overturned. Side note - I hope when the people of the future look back at us, they don't shoot milk from their noses from laughing too hard. (Much like we try not to now about slavery). This shouldn't even be an issue.|||I shall wait and see what the courts say on this as they know the law and I do not. But at this time I sure wouldn't be convinced that the courts will overturn it at all. In fact after the hearing, more people that heard it were more convinced that it will be upheld. So we shall see.|||I thought prop 8 was going to be an amendment to the constitution?|||Gay marriage is a funny issue. While the issue of equal protection is a more than valid point, the same can be said in regards to the establishment clause as well. Heres a good question. Is marriage a legal matter of the state or a private matter of church? If it is the former, than two consenting adults of legal age should be able to consecrate their relationship in the eyes of the state and receive with it all of the protections, benefits and liabilities that come with being legally married. However, if marriage is the former, a private and religious matter that is merely officiated by state recognition, than the mandate of the state that marriages which go against religious principle could be viewed as a challenge to the Church's religious freedom, as they are potentially being told by law to accept and tolerate a personal social matter that is against their protected religious teachings. In actuality, the matter is one of conservative thought versus progressive thought in its purest and most literal form. While those who adhere to the old ways of things and who cherish and protect tradition are wary and even defensive against change and social progress, those who seek it grow deeply bitter at their rivals inability to see things their way. Though right in a civil and social sense, their righteousness is lost when personal morality comes into conflict in others. Its a funny issue and one that will only be resolved through endless court cases and ACLU actions, but in the end it will be overturned.|||All this talk about the "majority" and the "minority" this "majority" was 52%. I hardly call that a majority, and probably one of the reasons it is being looked at. And it is literally a PROPOSITION, not an automatic law that is to be put into effect. It will be overturned because california does not want to deal with lawsuits against the states because the constitution is stripping them of their civil rights. which it is. Prop 8 is a direct violation of civil rights. People do not realize the benefits of marriage. There are over 100 technical and legal differences between a civil union and a marriage. a major one is the fact that a married couple can file their taxes together, which saves them money and in turn benefits the economy. There is nothing in the constitution that states anything about marriage. The only reason people want it to be illegal because people fear the unknown. I know that many people argue that gay marriage is wrong "because it says so in the bible." well, you cannot base a law off of something in the bible because of separation of church and state. "But...but....but.. what about the children???" yes i know. this is a typical cliche scare tactic. Instead of teaching kids being gay is wrong and disgusting, we should teach them to embrace it so we can raise a tolerant, peaceful generation. now instead of giving me a thumbs down or trying to report me, actually think about your child, sister, friend, brother, and if they wanted to get married to someone they love and because of people's ignorance, they could not. put yourself in their position.|||The rights of the minority? Yeah i know this country is a democratic republic and America leans more on the republic side but doesn't the majority have a say? The people have spoken and that is that. this "minority" if you can give them that title, should respect the vote because the vote is sacred. Would they like it if their opponents would challenge their vote? i think not!|||Gay rights are unconstitutional and should never have been called a right in the first place, they are just a minority trying to impose their will over the legal rights of Americans.|||The truth is simple: Prop 8 will not be overturned. The state constitution may be revised or clarified as needed by the changing times. That's why there are so many amendments to the federal constitution. Prop 8 clarified an unspecific section regarding the state's position on marriage by stating a marriage legally recognized by the state is a traditional wedding bond between two individuals of the opposite sex, no more and no less. Now everyone has equal protection under the law, because every individual has the same rights, including homosexuals. The problem is that homosexuals don't want the same rights, they want extra rights for their group that are specific to their lifestyle choice, something that the people of the state have clearly demonstrated their opposition to in no uncertain terms. Face facts, the majority of the people feel that homosexual activity is vulgar, inappropriate, and not deserving of the recognition or protection of the state constitution. Normal people don't want homosexuals in our community, teaching our children that homosexuality is perfectly acceptable, or dictating laws to the rest of the state. We have made it clear that we don't mind if you want to keep your lifestyle behind closed doors, but stop trying to the rest of us to accept you with open arms as if you are completely normal, because clearly you are not. That's the truth.|||Sorry but the 'Will of the People' IS what can revise a State's Constitution. Look at the facts. The only States that do have Gay Marriage were by Judicial fiat. No voting, no referendums. Liberal Judges found a loophole and Declared that Gay Marriage was legal. This country is run By the People and For the People. Look how many States put a referendum on Gay Marriage in the 2004 elections. All voted down Gay Marriage. Now, if Gays were smart they would ask for Civil Unions. It gives them all the same rights as a conventional couple but doesn't include the word 'Marriage'. You don't hear any complaints about Vermont, do you? Gays aren't too bright. If they accepted Civil Unions then Gay Marriage would probably come around in 15-20 years. The problem is that they have no patience. Now State Constitutions have a Law that Gays can never Marry. It will be 40 years before Gay Marriages are recognized in those States. Even the Dem Messiah is against Gay Marriage. Whine somewhere else.