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The California State Supreme Court upheld a ban on same sex marriage today
Balboa7 69 Reviews 857 reads
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A California ballot proposition banning same sex marriage was passed by 52% of the voters. A lawsuit was filed challenging the validity of the proposition and the California State Supreme ruled today that the proposition was legal.  Currently Iowa, Connecticut, Massachusetts, Vermont and I think New Hampshire already recognize same sex marriage.  A spokesperson in favor of same sex marriage said losing in California was a major set back because of the influence California has on the rest of the country.  

I personally don't care if people of the same sex marry because it has no adverse effect on me.  However, I felt that if the court ruled that same sex marriages were legal that would be a step in the right direction towards decriminalizing sex between consenting adults in private where money or other consideration was involved.

The trouble with most prostitution arrests is that they are usually public nuisance situations like street walkers, stings or complaints of disorderly conduct and wouldn't be good test cases to appeal. The type of case that would be favorable to appeal would be one wherein everything occurred in private between consenting adults.  The problem is that arrests are very seldom made in those situations. I don't see the laws against prostitution or solicitation of prostitution being ruled unconstitutional but there is a possibility that certain situations could be decriminalized by the courts.

A court might rule that sex between consenting adults in private wherein one participant pays the other participant is not a violation of the law against prostitution because laws against prostitution were passed to control overt displays of public debauchery, and the legislative intent was not to criminalize sex between consenting adults in private.  It would take some research and someone, usually law students, or a public interest law firm, to file an amicus curiae with the court when the "right" case was appealed.

we need to understand that the proposition is now, apparently, part of the California constitution so the court apparently, had little choice.  We all have two hope: The US Supreme Court or --this would be better-- a majority of people realizing that the sexual activity etc of others is none of their business.  

In the case of the hobby: the simple addition of money exchange should, of course, not make sex acts between consenting adults illegal, but politicians don't lead, they follow.  It is only because most Americans now accept gay people and lesbians as full human beings that state legislatures and governors have had the courage to recognize gay marriage. Only when the majority realize that what two consenting adults do in private is not a public issue will the legislatures and governors have the courage to follow.

Do you really believe that most Americans accept gays as human?  I think that's true in certain circles, but there are still pockets of the country that classify gays below car salesman and rodents (oh, and attorneys, lol).

For the record, I'd love to be wrong, and believe that EVERYONE should have the right to get married, and even to be miserable as a result, but I think you're giving our citizens a little too much credit.

n

-- Modified on 6/3/2009 2:50:37 PM

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