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14:49 November 6th, 2008

UPDATE- Melissa rebels, Ellen saddened by Prop 8 gay marriage ban

Posted by: Jill Serjeant
Tags: Fan Fare, , , , , , ,

Comedian Ellen DeGeneres said she was “saddened beyond belief” at the decision by voters to ban the newly-won rights of gays and lesbians to marry in California.

But singer Melissa Etheridge sounds downright angry.

Etheridge,  47,  who did not get to marry her partner Tammy Lynn Michaels before the Nov 4 ballot,   suggested in a blog post that she would no longer pay her California state taxes because, as a lesbian, she did not now enjoy the same rights as as other Californians.

“Okay, so I am taking that to mean I do not have to pay my state taxes because I am not a full citizen,” Etheridge wrote.

DeGeneres and her longtime partner, actress Portia de Rossi, were among the roughly 18,000 gay or lesbian couples who married in California in the five-month honeymoon between same sex marriage becoming legal and then being banned in a ballot initiative known as Proposition 8.

The popular chat show host married de Rossi in August in the most high-profile same sex marriage since such unions were declared legal in California in May.

“I was saddened beyond belief. Here we just had a giant step toward equality and then on the very next day, we took a giant step away,” DeGeneres wrote on her website

“I believe one day a ‘ban on gay marriage’ will sound totally ridiculous. In the meantime, I will continue to speak out for equality for all of us,” she added.

California authorities say marriages of gays and lesbians between June and November will remain legal. Hundreds of gay rights activists held street protests in Los Angeles and San Francisco after the Prop 8 vote and have filed several lawsuits in a bid to overturn the decision.

104 comments so far

The majority of California voters decided that Judges cannot, by fiat alone, redefine marriage.

For thousands of years marriage has been husband and wife. Until this vote, it was a complete abuse of judicial power to redefine marriage in a way that is radically different and contrary to the will of the people.

I would suggest that gay couple go get their civil unions, and if the feel that civil unions are lacking some important right then fight for that right to be added to the civil union definition.

- Posted by at2monty

God is the ultimate authority and the one we will stand before and give account of our lives. This is serious. Not only our country is on the line, but eternal lives of the people we tell it is okay to live however you feel is right. The Bible is the source of right and wrong. Our law originated there with the Ten Commandments. Yes, Jesus is Love, be He loves enough to tell the truth. Read Romans 2:26

- Posted by Robin Spencer

This is not an issue of EQUALITY but rather an issue of DEFINITION. All citizens have the same marriage rights regardless of sexual orientation, and marriage IS the union between one man and one woman. If anyone should be given a special right to REDEFINE this institution, then to be fair ALL people should be given the same equal right. Sexual orientation is irrelevant.

- Posted by Desi

It’s funny how these forums are filled primarily with people who are for gay marriage… yet the majority in California voted against it. Face it, your views don’t reflect the views of most citizens.

- Posted by Scott Nebleman

I am the daugther of a Moroccan muslim father and a Dutch catholic mother who are still happily married. I went to school with a boy who had two mommies and he turned out fine. Gay marriage is permitted in The Netherlands and most people here don’t bat an eyelid at it. One of my coworkers in a former job was married to his longtime partner and they adopted 2 children that are being taken care of very well. How much longer before people stop telling other people who and how to marry?

- Posted by Dutchie

When anti-miscenegation laws were struck down in the United States, many people morally opposed it. Some quoted religion, some quoted “tradition”.

Show me where the ethics and morals of interracial marriage were taught in school. And how many of you have actually READ CA Education Code 51933, or Senate Bill 71? Your parental rights are spelled out there in black and white; unfortunately, most people bought into emotional rhetoric rather than the law.

Furthermore, do you REALLY believe that the ProtectMarriage campaign wasn’t out to strip rights?

http://web.archive.org/web/2006050818353 5/www.protectmarriage.com/index.aspx?pro tect=FAQ

This is a snapshot of the site’s FAQ in 2006, when they were pushing a similar initiative. Under this initiative, no rights would have been granted to ANY same-sex union, including same-sex marriage, civil unions, and domestic partnerships. Employee benefits would have been denied too. This undermines any argument of “we aren’t out to take away rights”…check out the site for yourself.

Lastly, I’d like to make the point that as American citizens who swear to abide by and protect the principles of the Constitution, we should NOT be voting for something “because I think it’s right” or “because my religion said so”. Your rights are granted under the Constitution; it is up to you to protect those rights for everyone. The Establishment Clause exists for a reason. So does the Free Exercise Clause. And the 14th Amendment also exists. These should be your moral guide. And if you don’t get it, here’s an excerpt:

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

If I might make a Star Wars reference: so this is how Liberty dies…with thunderous applause from the pulpit.

- Posted by V

Scott, I would implore YOU not to speak on behalf of Canadians..Are you even hearing yourself?? A “gay lobby”? You’ve got to be joking. Of all the LGBT people I know, not one of them is walking around trying to “recruit”.

Give me a break. Maybe you should stop letting Dave Rutherford and your pastor tell you what to think. Maybe get out there and talk to some gay people. We only fear what we don’t understand.

- Posted by Lucy

Joshua and Angie described it really well.

- Posted by Rosemary Hua

I voted for prop 8. Why? Because the court took away my voice. I would have been in the “somewhat disagree” with prop 8 before the courts ruling (I voted against the last two anti-gay marriage amendments).

Courts should not have the authority to decide issues that should be left up to the states to decide in the 21st century. This is not 1960 in Mississippi. Gays have the right to vote, put measures on the ballot, hold office, and have civil unions.

If the court had withheld their implementation of their decree until Nov 5th, I would have voted against prop 8.

- Posted by CalVoter778.2

The gay marriage ban is not going to last, the way history is unfolding, the gay community is on there way to being bumped up in a big way in society, already half of California is for same sex relationships and marriages, they showed that in their votes, so this is already a big step forward. It is frustrating because it was so close, and had the blacks and the mormon’s not voted, Prop 8 would not have passed. Strange they voted yes, the mormons who have been persecuted for polygamy and the black for being persecuted because of the color of their skin, very ironic, but they’ll get their karma again soon enough.

- Posted by Tyler

Why do those against using the word ‘gay’ with the every so sacred word ‘marriage’ not understand that anything less is still inequality? The same people would say that Rosa Parks got to her destination and was allowed to use public transport….I say, I’m a full-fare ticket payer (taxes) and I don’t want to sit in the back of the damn bus!

- Posted by Ron H

Correction: THE OPPOSITION OF Proposition 8 would have granted a state recognized civil marriage. Not a church recognized marriage.

- Posted by Claudine

Proposition 8 had nothing to do with the church or a religious marriage. It was the denial of a civil marriage to Gay and Lesbian couples. Civil meaning relating to being a citizen. In America, a heterosexual couple can marry in the church if they wish to have their marriage recognized by their religious community and make an oath before their God. That is only one part of their union. The other, is the civil marriage that clergy is authorized by the government to grant, unlike in many European countries that strictly separate church and state. By this authority, a legal marriage license can be granted by an ordained clergy member.

However, a heterosexual couple who do not wish to have their marriage recognized by a church, or who CANNOT have their marriage recognized by their church because, for example, it is a second marriage with a previous divorce and their religion doesn’t allow divorce, or, they wish to marry a person of a different faith and their religion expressly forbids interfaith marriage, can still have a civil marriage that is legally binding in the eyes of American law even though it is not recognized in the eyes of their church. In this case, the government separates religious morality from civil rights.

Gays and Lesbians are only asking to have the same right to marry in a civil ceremony. A marriage performed by a state judge or other state official. This has no effect whatsoever on religious marriage, and would not be recognized by most churches. Proposition 8 would have granted a state recognized civil marriage. NOT a church recognized marriage.

A federally recognized civil marriage provides the utmost protection for any couple.
A straight couple who are domestic partners but not legally married will, like gay couples, find limits on their legal rights and protections when it come many topics, from tax returns to insurance coverage to parental rights. Civil unions also do not provide the same extent of rights and protections as a civil marriage. And a state civil marriage does not provide the same rights and protections as a federal marriage. A gay or lesbian couple legally married in Massachusetts will find their rights null and void outside of the state. But it is the hope, that with each state approved Gay and Lesbian civil marriage, we will eventually be granted the right to a federal civil marriage and have equal rights and protections throughout the United States.

Below is a list of some of the rights lost without a state or federal civil marriage. While some of these rights are protected under domestic partnership, a large number of them are not. Many rights that are lost under domestic partnership are critical social issues, such as healthcare, social security or homeownership. This list was found on the website of the Official Journal of American Academy of Pediatrics:

For same-gender couples and their children, enactment of marriage amendments halts the possibility of obtaining many legal and financial rights, benefits, and protections such as:

legal recognition of the couple’s commitment to and responsibility for one another;

legal recognition of joint parenting rights when a child is born or adopted;

legal recognition of a child’s relationship to both parents;

joint or coparent adoption (in most states);

second-parent adoption (in most states);

foster parenting (in some states);

eligibility for public housing and housing subsidies;

ability to own a home as “tenants by the entirety” (ie, a special kind of property

ownership for married couples through which both spouses have the right to enjoy the entire property, and when one spouse dies, the surviving spouse gets title to the property [in some states]);

protection of marital home from creditors (in some states);

automatic financial decision-making authority on behalf of one’s partner;

access to employer-based health insurance and other benefits for nonbiological/not-jointly-adopted children (considered a taxable benefit for same-gender couples by the Internal Revenue Service, which is not the case for married heterosexual couples);

access to spouse benefits under Medicare and certain Medicaid benefits (spouses are considered essential to individuals receiving Medicaid benefits and, therefore, are eligible for medical assistance themselves; family coverage programs would deny coverage to same-gender partners and nonbiological/not-jointly-adopted children);

ability to enroll nonbiological/not-jointly-adopted children in public and medical assistance programs;

ability of both parents to consent to medical care or authorize emergency medical treatment for nonbiological/not-jointly-adopted children;

ability to make medical decisions for an incapacitated or ailing partner;

recognition as next of kin for the purpose of visiting partner or nonbiological/not-jointly-adopted child in hospitals or other facilities;

ability to take advantage of the federal Family Medical Leave Act to care for a sick partner or nonbiological/not-jointly-adopted children;

ability to obtain life insurance (because of findings of no insurable interest in one’s partner or nonbiological/not-jointly-adopted child);

ability to obtain joint homeowner and automobile insurance policies and take advantage of family discounts;

recognition as an authority in educational settings to register a child for school, be involved in a child’s education plan, and provide consent on waivers and sign permission forms;

ability to travel with a child if it will require proof of being a legal parent;
access to spousal benefits of worker’s compensation;

ability to file joint income tax returns and take advantage of family-related deductions;

privilege afforded to married heterosexual couples that protects one spouse from testifying against another in court;

immigration and residency privileges for partners and children from other countries;
protections and compensation for families of crime victims (state and federal programs);

access to the courts for a legally structured means of dissolution of the relationship (divorce is not recognized because marriage is not recognized);

visitation rights and/or custody of children after the dissolution of a partnership;

children’s rights to financial support from and ongoing relationships with both parents should the partnership be dissolved;

legal standing of one partner if a child is removed from the legal/adoptive parent and home by child protective services;

domestic violence protections such as restraining orders;

automatic, tax- and penalty-free inheritance from a deceased partner or parent of shared assets, property, or personal items by the surviving partner and nonbiological/not-jointly-adopted children;

children’s right to maintain a relationship with a nonbiological/not-jointly-adopting parent in the event of the death of the other parent;

surviving parent’s right to maintain custody of and care for nonbiological/not-jointly-adopted children;

Social Security survivor benefits for a surviving partner and children after the death of one partner;

exemptions from property tax increases in the event of the death of a partner (offered in some states to surviving spouses);

automatic access to pensions and other retirement accounts by surviving partner;
access to deceased partner’s veteran’s benefits;

ability to roll deceased partner’s 401(k) funds into an individual retirement account without paying up to 70% of it in taxes and penalties; and
right to sue for wrongful death of a deceased partner.

- Posted by Claudine

Ok Scott,
You asked Matthew not to speak on behalf of Canadians, but then you turn around a do the EXACT same thing!? Canada, FYI, along with Belgium, Spain, and South Africa feel that gay marriage is a right.

When people marry, they tend to do so for reasons of love and commitment. But marriage is also a legal status, which comes with rights and responsibilities. Marriage establishes a legal kinship between you and your spouse. It is a relationship that is recognized across cultures, countries and religions.

Remember too, that in Canada we have Common Law status. That does not exist with the same rights and freedoms in the USA. In Canada, my partner and I (and no, I am not gay)recieve all the rights and are subject to all the tax laws etc…of a “Married” couple. There is no such thing in the US.

Civil Unions exist in only a handful of places: Vermont, New Jersey and Connecticut. California and Oregon have domestic partnership laws that offer many of the same rights as civil unions.

Vermont civil unions were created in 2000 to provide legal protections to gays and lesbians in relationships in that state because gay marriage is not an option. The protections do not extend beyond the border of Vermont and no federal protections are included with a Civil Union. Civil Unions offer some of the same rights and responsibilities as marriage, but only on a state level.

Some states and municipalities have domestic partnership registries, but no domestic partnership law is the same. Some, come with many rights and responsibilities. Others, like the one in Washington offer very few benefits to the couple.

Why shouldn’t two people who love each other and who are committed to spending this brief time we have on earth together, be allowed to do so with all the rights and freedoms that anyone else has?

From June 2003 (date of the first legal same-sex marriages in Ontario) to October 2006, there were 12,438 same-sex marriages contracted in Canada. I HIGHLY doubt that these marriages have had a negative effect on any anti-gay marriage person’s life.

To waste so much energy and to spend any amount of time filled with hate over something that has nothing to do with you, your family, or the daily comings and goings of your life is…well, sad.

I am proud to be a Canadian. You should be too.

- Posted by Jen

Look up all the countries where same sex marriage has been legal for over ten years. Over ten years ! Come on California , get with it.

- Posted by Kim Kloeckner

DISCRIMINATION SUCKS!

- Posted by Jason

If a state allows one group of adults to enter into a contract but not another group, that seems very discriminatory to me. That\’s exactly what it does when it allows marriage by straight couples but not gay couples.

The state should give marriage back to the churches and let them decide who they want to grant the blessings of marriage to, and allow the couples (straight or gay) to obtain civil unions from their state government.

Legal marriage as it exists now (in most states) is a special privilege for one group of people that is denied to another group of people. Everyone is supposed to be equal under the law, and that\’s not the case here.

- Posted by Chip

To the person above my comment. The gay marriage issue wasn’t ever going to be taught in the schools to children That was just a scare tactic to get more people to vote Yes on 8. And it worked. A marriage is a union between two people who love each other and want to make a commitment to each other. The Mormon Church has paid to have this done. They live polygamist lives, commit statuatory rape, keep women and children in strange compounds away from the outside word, and they are the TRUE religion as they say??????? I always believed that GOD loves everyone. He is a loving GOD, not one who is prejudiced against Gays.

- Posted by Kim Kloeckner

This is a huge disappointment. Not all churches and religions oppose gay marriage; there are those that do support it. If this is about religious rights, how can we deny the pro-gay marriage churches? Are we not denying their rights to grant marriage as they see fit.

This is about ignorance and discrimination. This isn’t protecting marriage, it is only an attack on gay people. How can civil rights be denied to a group by a 5% majority? The majority should never decide the rights of the minority. My heart goes out to all of those in California.

- Posted by Jordan

Angie, you’re can not really be gay. And if you are, you bought the lie HOOK LINE AND SINKER.

- Posted by Beth

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