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Why Not a Federal Challenge for Gay Rights?

May 28, 2009 By: jaysays Category: Commentary, Thought of the Gay

Gay RightsI don’t begin to understand all the nuances and legal ramifications of the Federal Court suits to overturn Proposition 8, but it’s being widely reported that gay rights’ activists are upset over the federal challenge because:

…the move is premature and could be disastrous for the marriage movement. ***…federal courts have not been as friendly to gay rights issues. San Francisco Chronicle

Although I can’t believe I’m about to say this considering I am a “legal professional” by trade and should consider the attitudes of the Court in any decisions that could affect millions of people, but there is a reason federal challenges are necessary.  The reason is emotional, not legal.  They [the right-wing conservatives] have forced the gay community to live in fear long enough.  If we are afraid of what “might happen” should we challenge the right-wing to give us the rights we deserve, we are forgetting what they are doing to us!  Personally, I’ve lived in fear long enough and I’m not going to continue to be afraid of what they can do to me so much that I let them continue to do what they are already doing to me.

So, if you ask this gay rights’ advocate if we should challenge Prop 8 federally, the response you will receive is: We should challenge it at the city level, the county level, the state level, the federal level and most importantly at the social level.

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4 Comments to “Why Not a Federal Challenge for Gay Rights?”


  1. It doesn’t have to be emotional Jay, our reasoning has been good enough to change the mind of the conservative CA Supreme Court last summer before the elections, good enough to change the minds of the Iowa Supreme Court, good enough to change several governor’s minds, a few of them conservative.
    If our arguments are good enough to change the minds of reasonable people, they are good enough to change the minds of the reasonable people on the US Supreme Court. They may have conservative legal opinions, but it doesn’t mean they are crazy or haters…….

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    • Hi Rebecca: Loving Blogging For Truth 2009 by the way. You are so right that the legal arguments are sound and we should be able to win with the current Justices. Kennedy can be a bit wishy-washy there, but he should come over if you really consider the far reaching legalities of it. I think the point here is that we cannot continue to be afraid that they may further limit our rights when we are already having our rights limited – thus the “emotional” rather than “legal” rationale – that and I’ve talked so much law lately that I want to throw my legal books into a trash can, spray them with gasoline and strike a match!

      See you for Blogging for Truth 2010? (and obviously hopefully way before that!)

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  2. I wholeheartedly support this federal lawsuit. I think we have a 50/50 chance of this turning out positive and can’t understand why there is so much resistance from gay organizations? If this supreme court wants to put their stamp of approval on discrimination then let the record show it and history will not be kind to creating a separate class of rights for a minority. This is a civil rights issue and I’m soooooooo sick and tired of begging for my rights from state to state and then having some group take them away. I’m sorry but I will NOT support another ballot initiative…..I’m ready to take a chance with the Supreme court and I think your reasons that you and Rebecca have mentioned here have convinced me this is the right direction to take.

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  3. Thanks jay and truth 2010 is high on my BIG gay agenda, LOL. And 2009 will keep putting up posts cause I need a place to put all my rants…..
    T & L after 40 is really for other things….LMAO.

    Yes Goomba, look at how we view the Supreme Court of the Separate is Equal decision. I somehow suspect and it may be just my eternal optimism or a little knowledge that they will have to look at the Iowa decision and the early California decision when they are deciding. I think we have at least the 50/50 chance now.

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