WAKE UP CALIFORNIA! If you think your safe...check again!

Erin Scholnick-Lee

I am disturbed to find, that many of the articles that I have been reading tonight, about the California Supreme Ct. decision which upheld Proposition 8, get it ALL WRONG. I waited in line this morning to get my copy when the decision was released. So, I know what it says!

While the ct. ruled that in fact, the simple majority of voters who supported Proposition 8, had the right to amend the California constitution, based on the current law/rules for amending the California Constitution, they also ruled that the 18,000 couples who are already married, shall have their marriages continue to be recognized.

Some people, such as MICHAEL A. LINDENBERGER, writing for TIME magazine, at Yahoo.com (http://news.yahoo.com/s/time/20090526/us_time/08599190100600) claim that, "George (chief justice Ronald George) and five other justices ruled on Tuesday that there is nothing so special about gay-marriage rights that make them exempt from the state's famously disruptive and pliable constitutional-amendment process." .

I do not agree that this is the case at all! In fact, I would argue that the court was in many ways frustrated by their inability to do anything about this negligent, hateful measure. It was after all, this same court who determined that banning gay couples from marriage violates these persons fundamental civil rights!

I believe that the justices understood that, the question being asked was a narrow question regarding procedural issue. Rather than, the true issue; the enormous issue, that they have already decided on in the past, which would require them to answer, yet again, whether denying same sex couples the right to be married in California, is a violation of their civil rights, their right to privacy and due process.

The suit claimed that the authors and supporters of prop 8 didn't have the right to amend/revise the constitution with a simple majority. When in fact, according to the Calif. constitution they do.

The justices determined, that it is not the role of the court to CHANGE the rules. But, to uphold the laws/ rules. Indeed, it they noted that it is OUR role as voters to do this. They made the decision based on what they had at hand. I firmly suggest that the justices don't think Marriage should be kept from the Gay community. Lindenberger, and others like him, got it WRONG in my opinion.

I believe the ct. wished it could uphold the right to marry. Their decision to uphold the validity of the 18,000 marriages is proof of this.

But, the justices could not do this, because WE the people of California, have not changed the rules about revising the constitution in California. Most state constitutions already state for example, that there shall be no laws that violate the civil rights of the minority according to the Bill of Rights in the Federal constitution. They also require a 2/3's majority; not a simple majority. Are we too independent to think this way in California. I suggest that if someone agrees with this, that they need to move to Alaska, where the governor and her husband have favored succeeding from the nation.

We can change the law. WE MUST CHANGE THE LAWS ! We must have a super-majority to amend the constitution. It is difficult if not near impossible to amend our federal constitution. That is why there are only 27 amendments. California has over 500 amendments to the State constitution. This seems to mean that we don't care as much about the law. It demeans us.

This simple majority, combined with the out of state money really is wrong. SHAME ON ALL THE PEOPLE WHO VOTED YES ON 8. Proposition 8 was full of hate. SHAME on the lawyers for filing the WRONG lawsuit. DO NOT FOCUS ON PROCEDURE! Focus on the ISSUE! CIVIL RIGHTS! Equality!

We are a nation of laws. If certain religions want to deny some individuals from being married in their 'churches,' than so be it. But, in order to be considered a legal marriage, it must be sanctified by the state. Should we in turn deny them the ability to receive a marriage license from the state. All, is truly fair in Love and War.

We the people, live in a nation of laws, by the people and for the people. Separate but equal IS NOT EQUAL.

Remember this when we call you to support our efforts to change these laws. The time is now! What is happening to the Gay and Lesbian community can as easily happen to the heterosexual, African- American, asian, european, Finish, Danish, Anglo, beer drinking, fox viewing, donut eating, card playing, hopscotch loving public including YOU~