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Prop 8, Reality Checked

As has been in the news Prop 8 in California was overturned Wednesday, by federal Judge Walker, in a decision that the ban was unconstitutional. I don't feel a need to go into a detail recap of the ruling as it's already all over the news and web, instead I feel like focusing on some of the lunacy that the ruling has brought to the surface amongst those that oppose marriage equality, as well as my own personal feelings over the whole situation.


As is not entirely unexpected with a ruling like this the anti marriage equality crusaders have very suddenly gotten their panties in a twist and have thus started to spout their over the top rhetoric not only about how this ruling is judicial activism, that it will destroy the family and nation as we know it but also about their conspiracy theories on why this decision was made the way it was in the first place. One of the most interesting being the FRC (family research councils) who in large part see this as a decades long conspiracy by Judge Walker him self to "decimate marriage" buy over throw the legal definition of just one man and one woman. They figure that he cleverly decided to be to conservative to get the post he has now when Reagan tried to appoint it to him, instead waiting till Bush Sr. pushed him threw to his current seat. Then made many conservative and even anti gay rights ruling all while he laid in wait to randomly be selected to hear a case on the unconditionality of a public initiative to outlaw same sex marriage. No this is one of the most clever and future seeing conspiracies I have ever heard of, even better the the JFK and Marilyn Monroe conspiracies! Of course being the FRC they can't just leave it at a conspiracy theory that would make an wing nut proud they have to go on to insinuate that the gay and gay supportive community had better be very careful when they wish to celebrate this victory, that the right minded "vast majority" of people are so angered and "tense" over this that they could rightfully harm the gay community. Not surprising coming off of the heals of Pastor Scott Lively's assertion that gays are savage killing machines, so why should the right minded straight community not fear for their lives and the lives of their families when those evil Savage killer gays get more equal rights just as them.

Of course no issue involving gay marriage equality would be complete with out the input of Americas favorite pudgy bigot, and head of NOM Maggie Gallagher, who regardless of the total lack of any credible facts to back her outlandish argument is still willing to make it with a straight face. She argues that the recognition of same sex couples to be no different then opposite sex couple and that the condition there for guaranties them the right to marriage will devastate the family, because it will set up children to be brainwashed and indoctrinated with pro gay and pro same sex marriage agenda in Soviet area style companies over the wishes of their parents. Some may ask how she thinks this will be done, well the schools of course, she believes that the nations public school system will be abducted to institute her feared soviet era brainwashing adding the insult of using the helpless parents own tax dollars to do the dirty work they object to and no choice in what happens. Of course for any one that has half a brain cell to rub together this too is an extremely ridiculous claims and extra over exaggeration of what schools anti bulling and discrimination policies are.

However if you want to take the cake for lunacy and out right hatred of gay people then there is Bryan Fischer who goes so far as to say that Judge walkers ruling is the perfect example as to why "homosexuals" are not fit for public office and must be band from all public office. According to him our sexuality is so twisted and so morally destructive that it totally destroys any ones character and ability to not only be impartial on matters but to not force twisted tyrannical destruction down upon them, the moral fair minded majority. He goes so far as to call the Christan right to demand that their elected officials in congress unapoint any federal judge that rules in favor of gay civil rights over popular (or even unpopular) "we the people" public votes. Leaving off with the worst case if they don't that said base will just give up and stop going to the polls all together. (if only we could be so lucky)

As some one that is not from california, it is still grate that prop 8 was overturned as it leaves hope that the ruling will set a precedent that other states fallow when it comes to the legality of bans on same sex marriage, how ever because it's going to wind up in the 9th circuit court on appeal, as their is absolutely no question that there will be an apple in this case. It also leaves open the very real possibility that this land mark ruling could be overturned and then not only cause California to revert back to the same situation that it was in before but that it could halt any progress in other state towards creating actual marriage equality over the fact that voters could overturn it and there would be no recourse over such an action. Not to mention that even if the 9th court dose not over turn the ruling being that it is know as a more liberal district, it would then leave the ultimate possibility that the supreme court would hear the case and even with the election of Kagan to the court the liberal conservative balance of the US Supreme Court is still basically the same which when it comes to such a hot topic issue as this could very easily leave us with a 5-4 split with a conservative majority coming down against gay marriage rights. As excited as I am over this first victory it now sets further into motion a very dangerous path that I would personal have rather waited until a final victory was more certain instead of just maybe an victory in the initial and second battles of the fight for equality.

The timing of this ruling also has the potential affect of creating a solid ground work for the republican and tea party to run on and rally support threw the very well proven us of gays and our rights as a wedge issue in the elections, after all their is again talk of trying to once again revive and pass a national constitutional amendment banning same sex marriage, something that even if it dose not pass can be used to help to peel off voters who might have voted for democratic candidates when it comes to economic issue, to instead vote for a republican or tea party candidate over the social issue of gay rights and propel the republicans back into a majority in maybe on or both houses. As this gives them a solid issue on which they traditional and still do have a very strong no changing position, something they have been sorely lacking in their current position of opposing any government actions and legislation. How ever I still hold out hope that the 9th court upholds the ruling as that would have the power to change things where I am in Washington State as long as their ruling is not narrowed to only apply to California. My optimistic side hopes that this is the first battle in a winning campaign that ends with every citizen in the country having the right to married any consenting adult of their choosing, whether they be of the same sex or not. I strongly feel that it is past time for me to have the right to marry the man of my choice and that the courts have finally worked to the point that they see for them selves that this is my right as long as the government is involved for the government to recognise this and to insure that I have equal access to the legal rights protections and obligations that come alone with such a choice. As always thank you for reading, also feel free to comment and provide feedback there is nothing I would like more then to hear what you have to say too.

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