Thursday, November 6, 2008
More proof that our country is going nowhere
The opposition need to understand that what we did, voting on Prop 8, wasn't ignorance, it was standing up for our beliefs, it was protecting an institution that we feel is absolutely sacred and special. It was being informed of the LITERATURE of the proposition and making an intelligent decision based on that information, instead of doing what "everyone else was doing". We were equalizing our rights to worship, to speech, to LIVE. If Prop 8 didn't pass, there would have been lawsuits up the wazoo against those religious groups that did not believe that marriage was anything other than between a man and a woman, it would have TAKEN AWAY OUR RIGHTS TO RELIGION, TO WORSHIP AS WE PLEASE...an institution that has been established since the beginning of this great nation. It is CLEARLY and UNDOUBTEDLY stated in the Constitution...if you don't believe me, then READ IT FOR YOURSELF. Believe me, i took constitutional law, I know those laws front and back. And yes, there have been laws that have changed since the establishment of the United States, but nothing that has deviated from the rights already given each individual in the CONSTITUTION.
The fact that protesters continue to march, continue to persecute those who support prop 8 and is defiling those things that we find most sacred, is WRONG, and they are the ones that are intolerant, not us.
I am not claiming that all those in support of prop 8 are innocent from violence. I am sure there are those extremists who are being hurtful and intolerant, but it shouldn't mean that everyone in support of prop 8 needs to be punished. Focus on those that are guilty of said crimes, not us, not those who only want the best, not the LDS church, who has only stated where their stance is, and has supported and helped anyone, no matter their race, sex, religion, or sexual orientation, in anything they may need. Look at the facts, and then make your decision. Do not persecute those who are not deserving of it--that is intolerance.
Sunday, October 19, 2008
California's Prop 8
This is the legal documentation following the evolution of same-sex relationships that a member of the congregation (who is a lawyer) from my home ward gave in conjunction with his talk given in church about marriage a few weeks ago. For any and all who feel they are informed about the Prop 8 situation in California, read this before you actually start pointing fingers and calling those who are in support of it "intolerant" or close-minded. Be informed. Do your research.
CASE STUDY - THE EVOLUTION AND LEGALIZATION OF
SAME GENDER RELATIONSHIPS
1999 - The Domestic Partnership Registration Act is enacted by the California
State Legislature, establishing a statewide registry for domestic partners. A “domestic
partnership” was defined as “two adults who have chosen to share one another’s lives in
an intimate and committed relationship of mutual caring.” While stopping short of
affording same gender couples the highly prized term “marriage” and the full range of
legal rights and obligations associated with marriage, the Domestic Partner Registration
Act bestowed basic legal recognition, rights, and obligations on domestic partner
registrants, including hospital visitation privileges and certain employee health benefits
of a partner.
2001 - The next several years saw the legislative expansion of the scope of
benefits afforded to domestic partners. In 2001, domestic partners became eligible to
make medical decisions for an incapacitated partner, to utilize employee sick leave to
care for an ill partner or the child of an ill partner, to use unemployment benefits if
relocated due to a partner’s job, to use stepparent adoption procedures to adopt a
partner’s child, and the right to sue for the wrongful death of a partner.
2002 - The Probate Code was amended to afford domestic partners the right to
automatically inherit a portion of the separate property of a deceased partner, and the
Unemployment Insurance Code was amended to provide for 6 weeks of paid family leave
to care for a sick spouse or domestic partner.
2003 - Assembly Bill 205, also known as the California Domestic Partner Rights
and Responsibilities Act of 2003 (Domestic Partner Act), significantly expanded the
rights afforded to domestic partners
“in order to secure to eligible couples . . . the full range of legal rights, protections
and benefits, as well as all of the responsibilities, obligations, and duties to each
other, to their children, to third parties and to the State, as the laws of California
extend to and impose upon spouses.”
2005 - The final draft of the Domestic Partner Act became effective on January 1,
2005, under Family Code Section 297.5, which provides that:
“Registered domestic partners shall have the same rights, protections, and benefits,
and shall be subject to the same responsibilities, obligations, and duties under law,
whether they derive from statutes, administrative regulations, court rules,
government policies, common law, or any other provisions or sources of law, as are
granted to and imposed upon spouses.”
2005 - Family Code Section 297.5 (b) was added in order to equalize the rights
and obligations of former registered domestic partners with those of former spouses.
2005 - Family Code Section 297.5 (c) was also added in order to afford a
surviving registered domestic partner upon death of the other partner the same rights and
responsibilities afforded to a widow or widower upon the death of a spouse.
2005 - Family Code Section 297.5 (d) further provides that the rights and
obligations of a domestic partner, former domestic partner, or surviving domestic partner
shall be the same as those of spouses, former spouses, or surviving spouses.
2005 - 8 months later in the case of Koebke v. Bermuda Heights Country Club,
the California Supreme Court discussed Family Code Section 297.5 in addressing the
marital status discrimination claims of a lesbian couple registered under the Domestic
Partner Act against a country club that denied the couple benefits extended to married
club members. In ruling that the lesbian couple had an actionable claim against the
country club under the Unruh Civil Rights Act, the California Supreme Court stated:
“a chief goal of the Domestic Partner Act is to equalize the status of registered
domestic partners and married couples.”
2006 - The California Legislature amended Family Code Section 297.5 to afford
registered domestic partners another privilege routinely afforded only to married couples,
to wit, the opportunity to file income taxes jointly or separately for purposes of state
income tax returns, with the earned income of jointly reporting domestic partners to be
recognized as community property.
2007 - The California Legislature passed a law (Cal. Stat., Ch. 567) allowing
domestic partners the opportunity to change their name to that of their partner during the
domestic partner registration process.
2008 - In the case of In re Marriage Cases, 43 Cal. 4th 757 (2008), the California
Supreme Court held that same-sex couples have the legal right to marry in the State of
California. While the decision is widely considered to be a big step, legally it simply
bestowed the highly prized term “marriage” upon a type of union that quietly albeit
steadily developed over the last decade.