son of a...

Nov 09, 2005 00:58

prop two passed. of fucking course. i can believe it, but i can't understand it. like mark said tonight, it's the new civil rights issue. why should WE be given the opportunity to deny rights to homosexuals???? what ever happened to majority rules, minority rights??? is that out the door when "morality" steps in. it was so hard to hold in the ( Read more... )

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insertwithere November 9 2005, 19:34:33 UTC
rhiannon,

I totally feel ya on this one. Matt and I got into a discussion about the whole thing yesterday. However, I disagree with the previous comment that this doesn't change anything.

Gay marriage was already illegal in TX, but this proposition cut off the chance for a civil union arrangement in the future and the chance TX would recognize civil unions from other states (this is not likely an issue that would go before the fed courts as marriage is not a judgment and therefore full faith and credit does not apply--states don't have to recognize marriages from other states if they don't want to. This happens sometimes with various degrees of incest).

But, I also don't think we'll see federal litigation about this issue. A number of other states have statutes like this one. The only difference is they provide for civil unions, while TX does not.

As far as the civil rights violations, you know I hate the restrictions on homosexuals. But, homosexuals aren't a protected class, so we would lose on that argument until SCOTUS decides to recognize homosexuality/sexual orientation as a protected class. I sadly think that won't happen any time in the near future.

I hate it, but right now, I don't see any way to legally overcome it. There are only fairness arguments, and we all know TX doesn't give a shit about what's fair.

Sorry for the long rant. Just wanted to let you know I share your frustration, but I know we'll be frustrated for a long time.

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