I loathe that "Prop H8" passed in Calli! But I seriously doubt it will ever be ratified.

[pink-o]

Listen, I'm pretty sure the Calli Supreme court will strike it down. I've never seen an instance where the voters were able to override a Supreme Court Decision with a ballot measure. In fact, in 1994 Proposition 187 (another heinous, hateful POS that tried to deny health care to children of illegal immigrants) was declared unconstitutional due to its discrimiatory content. I just don't see the same court amending the state constitution to include discrimination.

And while it's totally disgusting that enough people voted for it to put it in contention, I just now heard on the news that it hasn't been completely decided and the counts are still going on.

I also just heard that SF City Atty Dennis Hererra already has his legal challenge prepared should the vote counting give H8 a yes. See? I tell ya, this fight hasn't even BEGUN.

And to all my GLBT friends that I love and respect soooo much: we got your backs. We're not gonna give up until ALL people are treated equally and no one will EVER feel powerless again!!!

[Kerrytravelers]

1. Count me in! I got your backs, too! And so does Mr kt.

The possible passing of Prop h8 has ruined this election for me.

[damonm]

2. That's good....

My euphoria at Obama's win was temepered by frustration at the passage of this monstrosity. I worked in BOTH campaigns, and I need to apologize to my GL friends (I don't know anyone BT)for not doing enough, I guess.

But this does encourage me somewhat.

[stopbush]

3. Hasn't passed yet, and it will be struck down if it does.

All the fundie Xians and Rs have left is their hate.

[KitchenWitch]

4. I am also in for this fight.

We just have to keep beating them back.

:patriot:

[Xithras]

5. There is NO ratification.

Propositions don't need ratification in California. Once the voters choose, it's automatically law. As for the Cali Supreme Court, it will have no authority here because it's a constitutional amendment. This will go to federal court.

[RevolutionStartsNow]

7. Yup. That's why it needed to LOSE

Damnit.

[pink-o]

8. Are you sure of your facts? Once again, I cite Prop 187 which never got put into law.

It was challenged and struck down by the courts.

Anyway, if we have to take it to Federal court, then that's where it's gonna go. We can solidify our energies for this fight, now that our new govt won't be chipping away at our constitutional rights on a national level anymore. We can easily focus on winning equal rights for all Americans, starting with my own state.

And we're in good company. All those who've fought for everyone to marry the one they love--you think they're gonna lay down their arms and concede defeat??? Not hardly! We're gonna mobilise our own coalition and NOT SURRENDER!!

[Xithras]

187 wasn't a consitutional change. I'm quite sure of my facts

Californians have one of the most powerful tools of direct democracy with our initiative process. Laws can be drafted by citizens, placed on the ballot by citizens, and voted into law by citizens with no review by either the legislature or governor. They can only be reviewed after the fact by the courts if they are illegal.

Most states temper the power of the initiative process, but not California. The citizens here can directly rewrite the constitution if they choose...and they apparently did yesterday.

[Terran]

10. I think 187 may have conflicted directly with other explicit parts

of the state constitution. This proposition probably doesn't do that and thus will become law in California. BUT, I'm positive that it conflicts with the federal Constitution, and this issue has to some extent already been decided by the SCOTUS in the Texas sodomy law case. I think this vote will end up expediting a case being considered by the SCOTUS which will finally decide this matter explicitly: do GLBT people have the same marriage rights in our society as everyone else? The only answer they can possibly give is: YES.

[Ms. Toad]

6. It's a constitutional amendment

Unless California courts work very differently than other state courts, constitutional amendments trump court decisions. (I don't know what Prop 187 was - if it was a law, then state courts generally do have the authority to declare laws enacted by ballot issues unconstitutional.)

[melody]

9. It hasn't passed as of the last time I checked the numbers

And Jerry Brown is on record as saying he'll find every way to fight it.

[Beregond2]

11. Ths answers my question bout how this can have any force

when it contradicts a SC decision. I didn't realize it was an amendment. Wow. That is bizarre that CA can change the constitution with a mere ballot measure. Talk about a recipe for chaos. Still, if this leads to a national SC decision, it could be a great thing.

[ellenfl]

13. i hope the same will happen in florida . . . this abominable

amendment to california's constitution was also on our ballot and passed. i hope the aclu is already on this.

ellen fl

[B3Nut]

14. That's what happened in WI a couple years back.

:(

The gay marriage ban amendment was a flop in Dane County (home of Madison,) but outstate it unfortunately got traction. Now that putrid detritus is in our state constitution. It's bullshit.

Todd in Cheesecurdistan

[cemaphonic]

15. Yeah that's nuts

Not just an amendment by ballot, but by simple majority too apparently.

[deoxyribonuclease]

12. Loving vs Virginia

I'm no lawyer, but could we end up seeing the ban overturned like this case?

http://en.wikipedia.org/wiki/Loving_vs_virginia

Let's hope so. Our nation's social views are lagging behind the rest of the developed world by a few decades.