Disclaimer: I was and still am against Proposition 8

However, I do not like the idea of an unelected official overturning the will of the people. The people spoke and voted for Proposition 8.

Regardless, this is far from over. We'll have to wait until this gets to the Supreme Court to get a final ruling on gay marriage.

Disclaimer: I was and still am against Proposition 8

However, I do not like the idea of an unelected official overturning the will of the people. The people spoke and voted for Proposition 8.

Regardless, this is far from over. We'll have to wait until this gets to the Supreme Court to get a final ruling on gay marriage.

Isn't the point of the US consitution to ensure that minorities aren't given the short thrift they would get if their fate was left to the will of the people?

In this particular situation, it wasn't really the unelected official overturning it, so much as it was the unelected official recognising that it flew in the face of the constitutional right of a small portion of American citizens.

Disclaimer: I was and still am against Proposition 8

However, I do not like the idea of an unelected official overturning the will of the people. The people spoke and voted for Proposition 8.

Regardless, this is far from over. We'll have to wait until this gets to the Supreme Court to get a final ruling on gay marriage.

There are other "points" like federalism, the 10th Amendment, and Art. IV, Sec. 4., Cl. 1 which guarantees each state a republican form of government, which could argue for the states having the right to decide what the word "marriage" entails and what they will recognize within their own laws as well as the Full Faith and Credit Clause which argues, strongly, against DOMA and the comity of other states' recognition of gay marriage.

What Constitutional right did it fly in the face of? The right to get married? I can see an argument for equal protection, though it is not nearly as obvious as you, or judge Walker, make it out to be, but not the substantive due process argument that the judge also used (i.e., that there was some fundamental right involved).

The will of the people should only be allowed to matter if that will is not imposing on another's civil rights. In this matter, regardless of the fact that a majority of constituents want something, it violates the basic rights of others and SHOULD be struck down. Remember, if we never overturned the will of the people, slavery would still be part of the American dream.

God I hate libertarians.

Yes, reasonable arguments can be soooooo infuriating!

Do you extend that same reasoning to taxation?

It is your civil right to pay taxes. I promise not to let anyone take that right away from you.

They sure can! Let me know if you ever have any!

There are other "points" like federalism, the 10th Amendment, and Art. IV, Sec. 4., Cl. 1 which guarantees each state a republican form of government, which could argue for the states having the right to decide what the word "marriage" entails and what they will recognize within their own laws as well as the Full Faith and Credit Clause which argues, strongly, against DOMA and the comity of other states' recognition of gay marriage.

Here's one: stop using any public services, ever, and never get involved with the public again (this should be easy, as libertarians seem to have such an apathy of people that aren't them). Then one can stop paying taxes.

There are also federal benefits to marriage that will probably send all this to SCOTUS eventually, though. "States' rights" is always used as code for "putting subnational entities ahead of individual people" and a roundabout way of trying to screw people over.

Shit just got real:

http://www.msnbc.msn.com/id/38154952

DOMA was always doomed to get overturned by the Supreme Court. The people who put the bill together knew it.

Federal benefits to marriage? WTF does that even mean? If you're married the president gets to screw you?

This is one of the few political debates in which there is a clear black and white. It doesn't matter what the law or the constitution or the Bible says: this goes beyond any legal or religious principle, it's about freedom and equality, and simple common sense and compassion.