Thursday, May 15, 2008

As California Goes so Goes the Nation

California

Has struck down the ban on gay marriage! Now what you may ask is what does this have to do with Tennessee? Everything. Unlike Massachusetts, California has no residency requirements, so a Tennessee gay couple can go to California, get married, come back to Tennessee, and challenge the states Constitutional Amendment that bans gay marriage. Do I think this will happen immediately...not really...but it could.

What does this mean immediately for Americans? This is the 2nd state to legalize gay marriage. This could soon be followed by New Jersey, Connecticut, Vermont, even New York. If New York was to legalize gay marriage, as the legislature is trying to do in that state, then a large chunk of the US population would have then legalized gay marriage, and we will eventually have to settle the question for not just New York and California, but for Tennessee and Utah as well.

As a leftist liberal, I'm a bit concerned about the backlash, but I'm in wait and see mode. Here's to hope!

-Zak

6 comments:

Jase said...

Mmmmmmmmmmmm. Think you missed a few things.
Tennessee does not have to recognize anything the state of California recognizes!
Hence............... states rights. Only way the 50 Unites States will ever be required to recognize something is if the United States Supreme court rules in favor of legalization/recognition of same sex marriages.
MOST IMPORTANTLY California did not have a Constitutional amendment banning the marriage between same sex couples.
AND............. at this moment, their is legislation in progress that will put a measure on the November ballot that would enshrine laws banning gay marriage in the California state constitution similar to the ones enacted in 26 other states.
If the voters pass the measure in November, it will trump the Supreme courts decision today.
The courts do not legislate from the bench.............. though they try.
Fact is, we as a gay populace must understand that things are not going to happen overnight. With time................ things will change.
Cramming stuff through the court systems is not the answer , it only causes backlash.
Marriage laws and the likes should be left up to the voters and the court systems should quit overstepping its authority.
One of the dissenting judges stated just that.

Zak said...

I would completely disagree with you. The full faith and credit clause of the constitution of the United States could be construed to say that marriages performed in California must also be recognized in Tennessee. Also I do not think California is likely to ban gay marriage in November. California isn't like those other 26 states that have banned it. And remember, those bans don't always pass, we can look at Arizona as an example of that. Also, the rights of a minority should never be put up to a popular vote.

-zak

Jase said...

The "full faith and credit clause" cant be "construed" for shit.
The Supreme Court looked at that clause many, many , many years ago and decided NO GO.
That's why states such as Tennessee that have laws allowing citizens to possess and carry handguns are NOT recognized by any other state.
There are however about 14 other states that have a "reciprocal " agreement with Tennessee (a contract) that sais that your folks can carry here as long as you let our folks carry there.
So don't go there with that one.
One states laws and ways of doing things cannot be forced on another state so long as the state is complying with the U.S. Constitution.

Zak said...

That is the entire line of thinking behind challenging DOMA Jase. We're once again going to have to agree to disagree.

-zak

Mix said...

the thing is, someone can go to California, get married and then once they are turned down here in TN, they can bring the issue to the courts.

Nobody is saying it will happen overnight, but this is a wonderful step in the right direction.

Jase said...

I cannot believe that you would consider your sexual orientation as making you a "minority".
That is so rediculous.
We are all the time talking about how we are just people and who we choose to sleep with in the bedroom should not make any difference.
Yet, turn around and use the sexual orientation as placing yourself in a "minority status"
Look around you man. Everyone is different in some way or another.
So we are all "minorities" for one reason or another.