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SAN FRANCISCO (Map, News) - A petition filed last month by groups supporting same-sex marriage that would have prevented a November ballot initiative defining marriage as between a man and woman from going to the voters will not be heard by the California Supreme Court.
The justices’ unanimous decision, announced Wednesday, means the referendum against gay marriage will stay on the ballot barring further legal action. It also clears the way for Secretary of State Debra Bowen to print voter information pamphlets on the issue. The court did not issue a statement in addition to the order, according to court spokeswoman Lynn Holton.
The referendum seeks to amend California’s constitution to ban same-sex nuptials in the state. It would overrule a May decision by the state Supreme Court that said current laws against gay marriage violate the state’s constitution.
Equality California, an advocacy group that supports gay marriage rights, filed a petition on June 20 to keep the initiative off the ballot, arguing that the measure would be a state constitutional revision, not an amendment, and would therefore require more elaborate procedures for passage.
Equality California also maintained the initiative was misleading because petition signers were told last fall and winter — prior to the state Supreme Court’s decision — that the measure would make no change to the manner in which marriage is recognized in California
Equality California was joined by the National Center for Lesbian Rights, Lambda Legal, and the American Civil Liberties Union in its petition.
The Alliance Defense Fund, which fought Mayor Gavin Newsom’s decision to allow same-sex marriages in 2004 and fought the marriage equality case in California Supreme Court, legally argued against removing the gay marriage ban from the ballot.
“Equality California and its allies were desperate to evade the democratic process,” Senior Legal Counsel Brian Raum said in a statement. “They already used the courts to erase the votes of nearly 5 million Californians who voted to protect marriage.”



Comments from Examiner Readers
7:51 PM MST on Wed., Aug. 20, 2008 re: "PG&E sparks Prop. 8 opposition"
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11:14 AM MST on Mon., Aug. 11, 2008
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12:14 AM MST on Tue., Aug. 5, 2008
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10:51 AM MST on Sat., Aug. 2, 2008
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6:21 PM MST on Thu., Jul. 31, 2008
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10:36 AM MST on Wed., Jul. 30, 2008
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10:32 AM MST on Wed., Jul. 30, 2008
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9:47 AM MST on Wed., Jul. 30, 2008
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5:59 PM MST on Fri., Jul. 25, 2008
re: "Same-sex marriages bound for the ballot"
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7:40 PM MST on Thu., Jul. 17, 2008
re: "State ban on gay marriages will go before voters this November"
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10:58 AM MST on Thu., Jul. 17, 2008
re: "State ban on gay marriages will go before voters this November"
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10:09 AM MST on Thu., Jul. 17, 2008
re: "Religious leaders open their arms, altars for ceremonies to continue"
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4:31 AM MST on Tue., Jul. 1, 2008
re: "Same-sex marriage measure defended"
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8:18 PM MST on Wed., Jun. 25, 2008
re: "Religious leaders open their arms, altars for ceremonies to continue"
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9:05 AM MST on Wed., Jun. 25, 2008
re: "Wedding bells ring for gay nuptials in the county"
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12:44 PM MST on Thu., Jun. 19, 2008
re: "Same-sex couples feeling the pressure to rush to the altar"
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9:12 PM MST on Wed., Jun. 18, 2008
re: "Wedding bells ring for gay nuptials in the county"
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6:38 AM MST on Wed., Jun. 18, 2008
re: "City Hall a joyful, serene wedding chapel"
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2:09 PM MST on Tue., Jun. 17, 2008
re: "Moment of truth arrives in decades-long battle for equality"
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7:32 AM MST on Tue., Jun. 17, 2008
re: "Other cities help couples rush to altar"
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11:41 PM MST on Mon., Jun. 16, 2008
re: "Moment of truth arrives in decades-long battle for equality"
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10:09 PM MST on Mon., Jun. 16, 2008
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9:07 PM MST on Mon., Jun. 16, 2008
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7:47 PM MST on Mon., Jun. 16, 2008
re: "State court denies same-sex marriage"
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3:57 PM MST on Mon., Jun. 16, 2008
re: "Couples hope cycle of ceremonies is over"
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11:40 AM MST on Mon., Jun. 16, 2008
re: "Moment of truth arrives in decades-long battle for equality"
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8:36 AM MST on Mon., Jun. 16, 2008
re: "Couples hope cycle of ceremonies is over"
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2:37 PM MST on Thu., Jun. 12, 2008
re: "City prepares for rush of same-sex nuptials"
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6:30 AM MST on Thu., Jun. 5, 2008
re: "State court denies same-sex marriage"
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6:55 AM MST on Sat., May. 31, 2008
re: "Groups fighting marriage ruling receive support"
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2:02 PM MST on Fri., Feb. 8, 2008
re: "State court denies same-sex marriage"
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3:28 AM MST on Fri., Sep. 21, 2007
re: "State court denies same-sex marriage"
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12:08 PM MST on Wed., Sep. 19, 2007
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4:08 PM MST on Tue., Sep. 18, 2007
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12:37 PM MST on Tue., Sep. 18, 2007
re: "Gay group awaits marriage ruling"
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9:59 AM MST on Sat., Apr. 21, 2007
re: "Gay group awaits marriage ruling"
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2:36 AM MST on Sat., Apr. 21, 2007
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Examiner Reader said:
I hate the idea that a company can take my money and use it for political purposes...especially one that is bleeding us during this energy crisis.
3 agree | 0 disagree
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Examiner Reader said:
SHAME ON PG&E!!! BIG POWER?? NOT!!! Only GOD has the power to decide, not man. It is not written in any historic religious based documents that a man and a man, nor a woman and a woman join in marriage. In the bible, there is no prophet in support of such, in fact it is condemned as an unnatural act against God. No Constitutional Amendment, State Law or Commercial Endorsement can overrule an Act of GOD. This is reality people! .. There is God, there is Jesus and religious history is fact. Pity the fools who defy GOD. - Paul & Suzanne Latham
5 agree | 3 disagree
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Examiner Reader said:
Why are you donating to stop a marriage between a man and a women? You should use the money to lower our monthly bills. You have no reason to take a stand on this. Do that personally not with PG&E money. They have nothing to do with each other. You should stay out of politics. Rick and Sharon Chambers
10 agree | 4 disagree
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Examiner Reader said:
All of the comments pro and con about gay rights are off topic. I don't CARE what PG&E thinks about gay marriage. I'm sick of the waste of that company! We're monopolized by them and they are throwing our money away! It's got nothing to do with "rights". It's the RATE PAYERS MONEY and THAT is what this is about. If you're FOR them spending our money like this, you're very likely a socialist. Who in their right mind would support a utility company spending money we ALL pay for "causes"?
10 agree | 4 disagree
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Examiner Reader said:
I agree with the " COMMENT ON THIS ARTICLE Comments are regulated by the Terms of Use. Name Comments characters left Check for new comments Comments from Examiner Readers 10:48 AM MST on Sat., Aug. 2, 2008 re: "PG&E sparks Prop. 8 opposition" Examiner Reader said: PG&E DOES NOT HAVE A RIGHT TO WASTE #250K ON THE GAYS, WHEN IT SHOULD BE USED TO LOWER OUR MONTHLY BILLS. PLEASE CANCEL THE WASTE! Examiner Reader said: I am absolutely discusted with PG&E. Why would they take a public stand on this issue? Those dollars could be used to lower our monthly bills.
8 agree | 4 disagree
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Examiner Reader said:
I am absolutely discusted with PG&E. Why would they take a public stand on this issue? Those dollars could be used to lower our monthly bills.
11 agree | 5 disagree
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Examiner Reader said:
As far as I can tell, this is a political move by P,G & E. What does same-sex marriage have to do with producing power? My guess is the company is seeking to endear itself to the voters in lieu of local interest in public power options. Keep in mind this is the same company who declared bankruptcy after energy de-regulation produced recurring blackouts and left us with the tab for this energy debacle.
9 agree | 6 disagree
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Examiner Reader said:
As a stockholder and former employee I resent that PG&e is squandering funds on a political issue that has no bearing on providing power in the most efficent and economical manner to the public. They should look at utilities such as Sempra Energy and follow their example.
12 agree | 5 disagree
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Examiner Reader said:
Why don't they use the 250K to lower my bill... Also, if they're the only game in town, why are they spending money on advertising... PG$E should stay out of politics and concentrate on producing cheaper power.
10 agree | 5 disagree
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Examiner Reader said:
where's that reverend phelps guy from kansas city who's supposed to be protesting all this yahoo about same sex this and that? where he be? this is frisco, it's a controversial town, live with it.
6 agree | 6 disagree
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Examiner Reader said:
I'm all for letting people do what they want, if gays want to get married then great, what I'm sick of is 1. my tax dollars paying for what the pro gay marriage people should be paying for, why was the city in on the lawsuit. 2. the far left and far right who are selectively for the laws of our land and the processes that these laws go through, don't sue the state and claim to be for the process then turn around and try and get a about a ballot initiative removed. Hypocritical whining half wits.
6 agree | 10 disagree
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MrHyphy said:
Leave gay people alone whats your deal? Let God decide whats their fate, you think if the Law bans gay marriages that they'll stop being gay? that is not the solution... NO ONE SHOULD JUDGE, so leave em be yall trippin to hard maybe yall trying to buy your way to heaven by stopping gay people LOL. Whatever chill out christians.
10 agree | 9 disagree
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Examiner Reader said:
Let's see-the people voted against same sex marriage,the gay rights groups whined,the Court decided it was unconstitutional, the gay rights people celebrated and now the court says the people can vote(again)on the issue.Will they ALLOW the will of the people?Not if the gay rights advocates lose the vote.I am a Christian,I care about mankind,and I have FAITH IN GOD and His supreme plan for us.I will be voting against gay so called marriage and I will be celebrating when the outcome of the vote amends the constitution.Have your domestic partnerships but leave marriage and the definition of marriage alone.Gay rights advocates have a reason to be afraid of this vote.The people spoke once,will speak again,and the gay rights people can't stop it. GOOD!
12 agree | 9 disagree
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Examiner Reader said:
Boy, I've read a lot of comments about what God says and how this is an insult to God. Seems to me then that this is between me and God so go away and leave me (and my wife) alone. God and I will sort this out without your help
16 agree | 14 disagree
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Elaine harris said:
I believe the hardest thing for me to understand about this whole business of same sex marriages is the blatant disrespect the ministers in San francisco and other towns have for the word of God regarding this lifestyle! I understand, don't aprove, but I do understand, secular courts,and individuals marrying same sex couples. The world system looks at things differently then we, as Christians do. And at the present time, it is considered legal. But how can a man or woman of God conciously, before God, condone this lifestyle, spoken so plainly against in scripture. That is my concerns here! I don't have any ill feeling against anyone of that lifestyle, I make that plaine here. But I do firmly believe it is a moral and a Biblical issue. How could it not be? We are talking about nonsecular organizations here. Understand, Gos word is true. Biblical history tells us the consequenses for our sins, specifically this one. That is My belief, my opinion. Sincerely Elaine harris
11 agree | 24 disagree
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Examiner Reader said:
The value of marriage will mean nothing soon and morals will cease to exist. When will people wake up and listen to our almighty God! Not until they meet our maker, sad to say.Just because Gods people hold on to the truth, doesn't make us haters, we just try to live life as sinless as possible and to please God. Shouldn't we all try to please our Loving God? Some day why don't we let everything fly. Rape, incest, prositution, drugs etc... Why don't we just let anything go! Come on world wake up seek and find answers with the bible and God. You will finally find peace for your weary hearts. God makes limitations and rules for a reason. Just like a loving parent would disipline a child. God has blessed America because our ancestors kept him in everything, just wait now that Americans are kicking God out, I hate to see what happens to this country.
13 agree | 10 disagree
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MrHyphy said:
Like Christians never do anything wrong hahahahahah, let them have their marriage even if a sin to yall, so why yall hating? Losers get a life leave em be, they not bothering you just because your not use to seeing to guys kiss or two fine females kiss, Stealing is the worse sin of all you know.
12 agree | 11 disagree
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Examiner Reader said:
Good for them! I'm glad these 2 ladies' 23 year relationship has been formally and legally recognized for the marriage that it is. How gay marriage opponents can say this is a threat to hetero marriage is beyond me. Perhaps if they spent more time being good to their own spouse and less time protesting, their own marriage would not be threatened.
16 agree | 11 disagree
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Examiner Reader said:
Many of my friends on the online community BiLoves have spent their careers working for equality for lesbian, gay, bisexual and transgender (LGBT) persons. I think they are really very great. They got something at last. Where there's a will, there's a way.
10 agree | 8 disagree
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Examiner Reader said:
Its About Time people get equal rights!
10 agree | 9 disagree
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Examiner Reader said:
If there is a god, chances are it would favor love and commitment over bigotry and narrow-mindedness. Don't you think?
21 agree | 8 disagree
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Examiner Reader said:
I thought the circus comes to town late summer. Oh, yeah, it's San Francisco. The circus is year round here with a free show. "Big Top" city hall and Mr. Newsom is the the Ringmaster, er I mean the head clown with the rest of them.
12 agree | 12 disagree
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Examiner Reader said:
I think the Supreme court did the American thing. Who has the right to tell me as an American I cannot marry whom I love? Why should I not be entitled to the same rights as any American. Talk about ruining families.....give me a break. Herosexuals are doing a good job of that all by themselves. The divorce rate is skyrocketing. They say it is our choice to be this way. Did they choose to be straight? Has anyone heard about the new evidence that gay men and hetro woman have the same brain makeup and Lesbian women and hetro men the same brain chemistry. So tell me u r not born with it. Whats next experimental drugs to change our brains. Like the Labotomies out of thew dark ages for the insane people. Get a grip people. We are all loving people like yourself who only want the same rights as anyone. To the one who says we already have those rights.HA think again we do not.
12 agree | 13 disagree
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kara said:
Same sex marriage is an insult to God. This act is another sign of rebellion against God. These people should behave according to God's desire, not their desires.
14 agree | 18 disagree
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Examiner Reader said:
The state supreme court as some nerve overturning the will of the people.Then our elected officals wonder why the voter turnout is low.Whats next the right to marry your dog? Maybe we can marry sheep.They already have the same proctections and rights as normal married people.The domestic law was just passed a few years ago.Thats not enough.When a small group of people make enough noise the squeek is greased.Anything goes I guess.What a joke to all the familys out there.I guess a family doesn`t mean anything anymore!!!!!
11 agree | 14 disagree
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A Moment of Victory...and of Caution said:
Those who opposed gay marriage should take a hard, critical look at the state of heterosexual unions in this country. Male/female marriages are bastions of patriarchy, domestic violence (both of spouses and children), incest and drab conformity.
11 agree | 11 disagree
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Examiner Reader said:
It just disgusting. A real let down to American dignity. What other corruption in human values shall we glamorize next?
14 agree | 18 disagree
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Queen Alphise said:
AnMarie & Jewlia are hot!
9 agree | 7 disagree
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Stephen La Croix said:
If the Black Slaves had to leave it to their plantation owners and White voters to vote for their rights and freedom, THEY WOULD STILL HAVE A CHAIN AROUND THEIR NECKS TODAY. The same goes to all other racial minorities. The Canadian Prime Minister of old said: "Basic fundamental rights should never be put to a vote by the people. That is what The Constitution and The Courts role to protect the minorities from the majority."
13 agree | 11 disagree
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Steve said:
I strongly oppose what the California court has done, and I'm glad that voters will get the chance to reverse this ugly damage. The fact that it's going to a vote so soon after being legalized lets us know that it will more likely be repealed then if it's just left as the 'law of the land' like the Massachusetts decision was. It had to wait so long that eventually the politicians just swept it under the rug (very sleazily). Whether or not you support gay marriage, the California court is sending the dead wrong message by overturning a voter-approved ballot initiative. They're saying that their views trump democracy. Sorry but in a democratic society that argument doesn't hold a lot of water.
18 agree | 16 disagree
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Charlotte said:
When the Massachusetts State Supreme Court ruled to legalize gay marriage in 2003. The towns & cities were given a few months until May 17, 2004 when gay marriage would go into effect. Of course Romney & his cronies tried everything to stop it but failed. Even after gay marriages were performed they tried to get an amendment on to the ballot until June 14th, 2007 when it was finally defeated in the State House. For those who are still uncomfortable with this check out our short produced to educate & defuse the controversy. It has a way of opening closed minds & provides some sanity on the issue: www.OUTTAKEonline.com
8 agree | 10 disagree
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Examiner Reader said:
If gay people want to get married and try their hand at improving on the 50% of the heterosexual marriages which already fail in this country, why not let them? I haven't heard much in the way of protest from divorce attorneys. what i find even more interesting is a considerable portion of the gay community are apparently willing to buy back into a system (church and state) which, for the last 200 plus years in this country (even longer in other countries) which has, more or less, treated us as second-class citizens. Personally, I'd rather go on living in "sin" with my partner and risk "burning in hell" as arguably a possible consequence.
94 agree | 84 disagree
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Examiner Reader said:
"AT 408 PM on Tuedays an Examiner Readers wrote "God is the one who determined what constitutes a marriage union"...thats fine and dandy for you, but guess what I don't believe in your god, so those words mean nothing to me, thery're simply only words not my belief..." Your disbelief does not make God nonexistent, but I guess someone like you would not understand that.
163 agree | 129 disagree
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Jabononymous said:
Yeah, ok they are only words to you, but it looks like in this case what God defines marraige as, trumps what to you believe are only words!
175 agree | 130 disagree
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Examiner Reader said:
AT 408 PM on Tuedays an Examiner Readers wrote "God is the one who determined what constitutes a marriage union"...thats fine and dandy for you, but guess what I don't believe in your god, so those words mean nothing to me, thery're simply only words not my belief...
162 agree | 164 disagree
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Examiner Reader said:
God is the one who determined what constitutes a marriage union. He clearly stated that a "man shall leave his mother and father and cleave to his wife." (Man and Woman) The sanctity of marriage is between a woman and a man. The problem is not that different religious beliefs determine what happiness is, but with those who choose to believe that God is not the author of what determines the sanctity of the marriage bond. Even if a law was passed for same-sex marriages God would not recognized those marriages, according to scripture. And, yes I know the argument of how do we know that all scripture is of God, but someone's disbelief or lack of faith in scripture being God's word does not make it null and void or change the fact that it is God's word. It seems to me that those who are fighting for the right of same sex marriages are the ones who are "pushing their belief" on others. Your issue is with God not man.
176 agree | 152 disagree
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Bill said:
O'Malley was supposed to fix electric rates. He didn't O'Malley was supposed to be for the little man. He's isn't (raising sales, gas, and income taxes) O'Malley was supposed to help the gay community w/the marriage issue. He couldn't. Are there any O'Malley supporters that aren't disappointed yet?
142 agree | 156 disagree
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Examiner Reader said:
The sanctity of marriage vows is between a man and a woman. If two females or two males want to live together and have property rights, inheritance rights, etc., etc., they should form a legal partnership and that would take care of any problems.
176 agree | 155 disagree
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Examiner Reader said:
When those who claim their religious freedom is at stake, morals are declining and cry "Let the People Vote", I ask MAINSTREAM CITIZENS TO THINK ABOUT THE FOLLOWING. Religious freedom?? Exactly what does that mean? That the religious values of one group has the right to determine the lives of everyone else? That the views of one group is the only one of value? That the religious views of one group must be forced on everyone else? Is only that one group allowed to determine what constitutes "community values"? Seems to me that the Declaration of Independence also says,"life, liberty and the pursuit of happiness". Yet only one group, with their religious view, seem to be the only group that believes it is their "right" to determine what happiness is.
173 agree | 199 disagree
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Examiner Reader said:
Tell the Christians to start acting like Christians and get rid of their bigotry. They are identical to the same people who used the bible to justify slavery, and now they have a new group to hate. These conservatives are victims of absolutist religions, they are brainswashed from an early age, and all you have to do is look at the world today to see where that leads, and where even worse examples of it were perpetrated by the catholic church that kept the world in bondage for the 1300 years of the dark ages, and murdered 10's of millions of Muslims, affecting their culture and contributing to their own extremism. A hundred years, or less from now, most people will look back at religious bigotry against gays and realize how stupid and terrible it is, all in the name of God, and totally corrupting the meaning of Jesus life on earth. And if these churches don't change, they will die off, good riddance to them.
179 agree | 185 disagree
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