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	<title>Comments on: Prop 8:  The Court and the People</title>
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		<title>By: shoreacres</title>
		<link>http://bloglily.com/2009/05/26/prop-8-the-court-and-the-people/#comment-23416</link>
		<dc:creator><![CDATA[shoreacres]]></dc:creator>
		<pubDate>Sat, 30 May 2009 05:11:20 +0000</pubDate>
		<guid isPermaLink="false">http://bloglily.com/?p=1270#comment-23416</guid>
		<description><![CDATA[On another site I frequent, where on-going discussion and an almost chat-room atmosphere hold sway, it&#039;s been very interesting to watch consensus developing among the &quot;Calis&quot; there.  Some are quite conservative, even adamantly so, while others are left-leaning populists or radical leftists.

The point is that they&#039;re coming together in anti-government-by-initiative feeling.  Whatever their convictions re: same-sex marriage, economic issues or the 2nd amendment, I&#039;m hearing more and more often that direct democracy isn&#039;t going to solve the problems.  

I&#039;m too far removed from California now to have anything specific or useful to offer.  But I do know that things change, and sometimes we don&#039;t realize how much they&#039;ve changed until our horizon enlarges.  Race relations are a perfect example. I won&#039;t clutter your blog by expanding on that except to say that I grew up not seeing a black person until high school. After a rather naive few years in West Africa, I returned to the States to discover liberation theology and Black power movements had taken root. Shortly after, Steve Biko was killed while in detention, and events picked up steam.  

Today, race is still an issue, but it&#039;s astonishing how much change has taken place.  I attended a wedding not long ago in deep East Texas - the wedding of a young black man and a lovely white woman.  Every member of both families was there, and the friends came, and a bi-racial couple topped the cake. Twenty years ago, who knew?]]></description>
		<content:encoded><![CDATA[<p>On another site I frequent, where on-going discussion and an almost chat-room atmosphere hold sway, it&#8217;s been very interesting to watch consensus developing among the &#8220;Calis&#8221; there.  Some are quite conservative, even adamantly so, while others are left-leaning populists or radical leftists.</p>
<p>The point is that they&#8217;re coming together in anti-government-by-initiative feeling.  Whatever their convictions re: same-sex marriage, economic issues or the 2nd amendment, I&#8217;m hearing more and more often that direct democracy isn&#8217;t going to solve the problems.  </p>
<p>I&#8217;m too far removed from California now to have anything specific or useful to offer.  But I do know that things change, and sometimes we don&#8217;t realize how much they&#8217;ve changed until our horizon enlarges.  Race relations are a perfect example. I won&#8217;t clutter your blog by expanding on that except to say that I grew up not seeing a black person until high school. After a rather naive few years in West Africa, I returned to the States to discover liberation theology and Black power movements had taken root. Shortly after, Steve Biko was killed while in detention, and events picked up steam.  </p>
<p>Today, race is still an issue, but it&#8217;s astonishing how much change has taken place.  I attended a wedding not long ago in deep East Texas &#8211; the wedding of a young black man and a lovely white woman.  Every member of both families was there, and the friends came, and a bi-racial couple topped the cake. Twenty years ago, who knew?</p>
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		<title>By: bloglily</title>
		<link>http://bloglily.com/2009/05/26/prop-8-the-court-and-the-people/#comment-23401</link>
		<dc:creator><![CDATA[bloglily]]></dc:creator>
		<pubDate>Wed, 27 May 2009 16:22:34 +0000</pubDate>
		<guid isPermaLink="false">http://bloglily.com/?p=1270#comment-23401</guid>
		<description><![CDATA[Lilian, Like you I believe we&#039;re capable of change -- it&#039;s the one step forward two steps back nature of change that&#039;s so difficult!

Marie,  I am optimistic -- I think it comes from living with children, and watching them grow and change.  

Litlove,  That&#039;s a wonderful formulation of the basic notion, which is that we should all be able to live in a world where &quot;all choices, when they are loving and kind and community-enhancing will be accepted without second thought.&quot;

Dear Cam,  Your post raises such an important point -- which is how can it be that California&#039;s citizens have agreed that our constitution can be so easily changed?  It takes a simple majority to do so, which is foolish in the extreme.  (It&#039;s also important to note that the California constitution cannot take away rights guaranteed by the federal constitution, but that leaves a lot of room for ridiculous laws, which have increasingly made it difficult for the legislature to act in a fiscally responsible way.)  The court notes this in its opinion.  But it cannot remedy this problem -- only the citizens can.  And maybe they will.  Stranger things have been known to happen in our Great State.

Genie -- I agree with you.  I almost always vote no on the propositions, a vote that doesn&#039;t feel particularly well-informed.  That&#039;s what legislators are for.  I don&#039;t want to decide how much money we should spend on our infrastructure -- I want them to.]]></description>
		<content:encoded><![CDATA[<p>Lilian, Like you I believe we&#8217;re capable of change &#8212; it&#8217;s the one step forward two steps back nature of change that&#8217;s so difficult!</p>
<p>Marie,  I am optimistic &#8212; I think it comes from living with children, and watching them grow and change.  </p>
<p>Litlove,  That&#8217;s a wonderful formulation of the basic notion, which is that we should all be able to live in a world where &#8220;all choices, when they are loving and kind and community-enhancing will be accepted without second thought.&#8221;</p>
<p>Dear Cam,  Your post raises such an important point &#8212; which is how can it be that California&#8217;s citizens have agreed that our constitution can be so easily changed?  It takes a simple majority to do so, which is foolish in the extreme.  (It&#8217;s also important to note that the California constitution cannot take away rights guaranteed by the federal constitution, but that leaves a lot of room for ridiculous laws, which have increasingly made it difficult for the legislature to act in a fiscally responsible way.)  The court notes this in its opinion.  But it cannot remedy this problem &#8212; only the citizens can.  And maybe they will.  Stranger things have been known to happen in our Great State.</p>
<p>Genie &#8212; I agree with you.  I almost always vote no on the propositions, a vote that doesn&#8217;t feel particularly well-informed.  That&#8217;s what legislators are for.  I don&#8217;t want to decide how much money we should spend on our infrastructure &#8212; I want them to.</p>
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		<title>By: Lilian Nattel</title>
		<link>http://bloglily.com/2009/05/26/prop-8-the-court-and-the-people/#comment-23400</link>
		<dc:creator><![CDATA[Lilian Nattel]]></dc:creator>
		<pubDate>Wed, 27 May 2009 13:17:00 +0000</pubDate>
		<guid isPermaLink="false">http://bloglily.com/?p=1270#comment-23400</guid>
		<description><![CDATA[I agree that things are changing. Even Oprah had a show with a positive take on gay marriage and her constituency is pretty middle America. The court upheld the marriages that have taken place so those people are not having their joy ripped away. That&#039;s important. Hate is insidious but it can change. And I also believe that it is.]]></description>
		<content:encoded><![CDATA[<p>I agree that things are changing. Even Oprah had a show with a positive take on gay marriage and her constituency is pretty middle America. The court upheld the marriages that have taken place so those people are not having their joy ripped away. That&#8217;s important. Hate is insidious but it can change. And I also believe that it is.</p>
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		<title>By: mariegauthier</title>
		<link>http://bloglily.com/2009/05/26/prop-8-the-court-and-the-people/#comment-23399</link>
		<dc:creator><![CDATA[mariegauthier]]></dc:creator>
		<pubDate>Wed, 27 May 2009 12:53:41 +0000</pubDate>
		<guid isPermaLink="false">http://bloglily.com/?p=1270#comment-23399</guid>
		<description><![CDATA[I love your optimism -- may it be so!]]></description>
		<content:encoded><![CDATA[<p>I love your optimism &#8212; may it be so!</p>
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		<title>By: litlove</title>
		<link>http://bloglily.com/2009/05/26/prop-8-the-court-and-the-people/#comment-23398</link>
		<dc:creator><![CDATA[litlove]]></dc:creator>
		<pubDate>Wed, 27 May 2009 09:49:47 +0000</pubDate>
		<guid isPermaLink="false">http://bloglily.com/?p=1270#comment-23398</guid>
		<description><![CDATA[I do like the way you are arguing for balance and reasonableness here, Lily. I very much agree with you that the law is only half the battle, and that we tend to rely on it too much to regulate all that is unkind and unjust about human behaviour. It&#039;s not as if the law has quite cracked the problem of crime, is it? I don&#039;t know enough about this situation in the US to really comment on it. But I&#039;ve just sent back an acceptance to my former PhD student to attend his wedding to his male partner in September, which we&#039;re all looking forward to. Here&#039;s hoping that one day, all choices, when they are loving and kind and community-enhancing will be accepted without second thought.]]></description>
		<content:encoded><![CDATA[<p>I do like the way you are arguing for balance and reasonableness here, Lily. I very much agree with you that the law is only half the battle, and that we tend to rely on it too much to regulate all that is unkind and unjust about human behaviour. It&#8217;s not as if the law has quite cracked the problem of crime, is it? I don&#8217;t know enough about this situation in the US to really comment on it. But I&#8217;ve just sent back an acceptance to my former PhD student to attend his wedding to his male partner in September, which we&#8217;re all looking forward to. Here&#8217;s hoping that one day, all choices, when they are loving and kind and community-enhancing will be accepted without second thought.</p>
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		<title>By: Cam</title>
		<link>http://bloglily.com/2009/05/26/prop-8-the-court-and-the-people/#comment-23397</link>
		<dc:creator><![CDATA[Cam]]></dc:creator>
		<pubDate>Tue, 26 May 2009 23:37:34 +0000</pubDate>
		<guid isPermaLink="false">http://bloglily.com/?p=1270#comment-23397</guid>
		<description><![CDATA[Lily, Now that I&#039;ve had chance to read your post, I can comment more than I did on your FB page, though I&#039;m not sure that I will be any more coherent.  I understand what you are saying, and I agree, to a point.   I can&#039;t speak to California law, but it doesn&#039;t seem right to me that any government can dictate that marriage is only an option for heterosexuals.  I think it is a sad commentary that the CA courts finding that the state marriage laws were discriminatory could be so easily and so quickly overturned by a ballot initiative.  Changing a constitution should require a process that is thorough, thought out, and considered over time and not simply a matter of who has the better (or more frightening) marketing campaigns.  

I agree that courts alone can&#039;t bring about social change, but I do think that court rulings do have a significant impact.  Yes, social change takes a long time, and it is sometimes through one&#039;s growing into change, that moves people hearts and minds and acceptance of that which they don&#039;t know, understand or find &quot;different&quot;. But sometimes, court rulings, by bringing about changes, can push that change along.  I&#039;m not suggesting that the judicial body make the rules -- I don&#039;t buy into that crap of the right about labeling any judge one disagrees with as an &quot;activist judge&quot; -- but by judging what is fair according to constitutional principles, help us to see that our behavior founded on unfamiliarity, on fear, or some other emotional basis, is wrong and adjusts attitudes over time.  It sounds sort of stupid to say that some people won&#039;t find gay marriage right until they find that it is right through they&#039;re own experience, but I think that is the case -- by exposure, one learns that which seemed different is not so much.  Maybe we haven&#039;t come as far as we should have since Brown v Board of Education, but where would we be without it?  

I&#039;ve gone on far too long for a comment, so I won&#039;t even begin to write about my thoughts on whether governments should be sactioning marriage at all.  Although married, I really don&#039;t get what concern it is of the government&#039;s.  But, as long as the gov gives its official seal of approval, I don&#039;t know how they can decide that it only applies to certain kinds of people.]]></description>
		<content:encoded><![CDATA[<p>Lily, Now that I&#8217;ve had chance to read your post, I can comment more than I did on your FB page, though I&#8217;m not sure that I will be any more coherent.  I understand what you are saying, and I agree, to a point.   I can&#8217;t speak to California law, but it doesn&#8217;t seem right to me that any government can dictate that marriage is only an option for heterosexuals.  I think it is a sad commentary that the CA courts finding that the state marriage laws were discriminatory could be so easily and so quickly overturned by a ballot initiative.  Changing a constitution should require a process that is thorough, thought out, and considered over time and not simply a matter of who has the better (or more frightening) marketing campaigns.  </p>
<p>I agree that courts alone can&#8217;t bring about social change, but I do think that court rulings do have a significant impact.  Yes, social change takes a long time, and it is sometimes through one&#8217;s growing into change, that moves people hearts and minds and acceptance of that which they don&#8217;t know, understand or find &#8220;different&#8221;. But sometimes, court rulings, by bringing about changes, can push that change along.  I&#8217;m not suggesting that the judicial body make the rules &#8212; I don&#8217;t buy into that crap of the right about labeling any judge one disagrees with as an &#8220;activist judge&#8221; &#8212; but by judging what is fair according to constitutional principles, help us to see that our behavior founded on unfamiliarity, on fear, or some other emotional basis, is wrong and adjusts attitudes over time.  It sounds sort of stupid to say that some people won&#8217;t find gay marriage right until they find that it is right through they&#8217;re own experience, but I think that is the case &#8212; by exposure, one learns that which seemed different is not so much.  Maybe we haven&#8217;t come as far as we should have since Brown v Board of Education, but where would we be without it?  </p>
<p>I&#8217;ve gone on far too long for a comment, so I won&#8217;t even begin to write about my thoughts on whether governments should be sactioning marriage at all.  Although married, I really don&#8217;t get what concern it is of the government&#8217;s.  But, as long as the gov gives its official seal of approval, I don&#8217;t know how they can decide that it only applies to certain kinds of people.</p>
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		<title>By: inadvertentgardener</title>
		<link>http://bloglily.com/2009/05/26/prop-8-the-court-and-the-people/#comment-23396</link>
		<dc:creator><![CDATA[inadvertentgardener]]></dc:creator>
		<pubDate>Tue, 26 May 2009 20:58:45 +0000</pubDate>
		<guid isPermaLink="false">http://bloglily.com/?p=1270#comment-23396</guid>
		<description><![CDATA[It is a sad day...but I really appreciated your email earlier and your thoughtful response here. I do agree with you -- the system that allowed us to get where we are is broken, and this may not be something that needs to be decided in the courts. The process of change is so slow, so painful, and yet it&#039;s happening. There&#039;s momentum, and it&#039;s shifting, and events like today, as awful and painful and hateful as they may feel, do open a few more eyes each time.

I take heart in the fact that 18,000 couples were allowed to stay married...and in the fact that that sets up a completely unfair dichotomy that the courts are going to have to address.

And I would fully back a proposition ditching propositions. As a new voter in the state last year, I was utterly baffled by the entire proposition system...I felt like I&#039;d studied so many of the issues and, yet, still needed to bring a cheat-sheet with me to the ballot box. That is ridiculous.]]></description>
		<content:encoded><![CDATA[<p>It is a sad day&#8230;but I really appreciated your email earlier and your thoughtful response here. I do agree with you &#8212; the system that allowed us to get where we are is broken, and this may not be something that needs to be decided in the courts. The process of change is so slow, so painful, and yet it&#8217;s happening. There&#8217;s momentum, and it&#8217;s shifting, and events like today, as awful and painful and hateful as they may feel, do open a few more eyes each time.</p>
<p>I take heart in the fact that 18,000 couples were allowed to stay married&#8230;and in the fact that that sets up a completely unfair dichotomy that the courts are going to have to address.</p>
<p>And I would fully back a proposition ditching propositions. As a new voter in the state last year, I was utterly baffled by the entire proposition system&#8230;I felt like I&#8217;d studied so many of the issues and, yet, still needed to bring a cheat-sheet with me to the ballot box. That is ridiculous.</p>
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		<title>By: bloglily</title>
		<link>http://bloglily.com/2009/05/26/prop-8-the-court-and-the-people/#comment-23395</link>
		<dc:creator><![CDATA[bloglily]]></dc:creator>
		<pubDate>Tue, 26 May 2009 19:28:07 +0000</pubDate>
		<guid isPermaLink="false">http://bloglily.com/?p=1270#comment-23395</guid>
		<description><![CDATA[It is indeed a very sad day.  The point I wanted to make though is that I do not think this opinion can be seen as a triumph for those who are proponents of Proposition 8 -- quite the opposite.  I also believe that the passage of Proposition 8, like the re-election of George Bush, is a pyrrhic victory -- a painful, painful way for the people to learn how unwise certain paths are and to choose the better path when they see how unwise they were.  It&#039;s a costly way to run things, that&#039;s for sure.]]></description>
		<content:encoded><![CDATA[<p>It is indeed a very sad day.  The point I wanted to make though is that I do not think this opinion can be seen as a triumph for those who are proponents of Proposition 8 &#8212; quite the opposite.  I also believe that the passage of Proposition 8, like the re-election of George Bush, is a pyrrhic victory &#8212; a painful, painful way for the people to learn how unwise certain paths are and to choose the better path when they see how unwise they were.  It&#8217;s a costly way to run things, that&#8217;s for sure.</p>
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		<title>By: Debs</title>
		<link>http://bloglily.com/2009/05/26/prop-8-the-court-and-the-people/#comment-23394</link>
		<dc:creator><![CDATA[Debs]]></dc:creator>
		<pubDate>Tue, 26 May 2009 19:17:28 +0000</pubDate>
		<guid isPermaLink="false">http://bloglily.com/?p=1270#comment-23394</guid>
		<description><![CDATA[A very sad day for a lot of people though... 
The fight will be back and those who care about this issue will be better prepared to take it on.]]></description>
		<content:encoded><![CDATA[<p>A very sad day for a lot of people though&#8230;<br />
The fight will be back and those who care about this issue will be better prepared to take it on.</p>
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