06/26/2009 05:12 am ET | Updated May 25, 2011

CA Court Refuses Charter, Fails to Defend Constitution

California Court Proves Theocracy Alive and Well

It's a shame gay means happy, because today in California there's not much for anyone to be happy about, and I mean anyone that knows or understands government or the Constitution of the State or country for that matter.

Today the State Supreme Court showed no courage and did the unthinkable, codifying religious doctrine in the state's constitution by removing equal protection under the law from taxpaying Californians whose only crime is being condemned by zealots in the name of some Lord. They did not uphold a ban on same sex marriage, they allowed a well funded theocratic movement to segregate members of the state and exclude them from entering in to a legal contract based solely on gender. They did not prohibit gay marriage, since there is no such thing as gay marriage: there's marriage, and marriage inequality, and that's it. In five states in the U.S. there's marriage equality. In California, there's not only marriage inequality but the doors have been opened for any well-funded ideology to step in, get something on the ballot and tie the hands of all the branches of government to do anything about it.

The court used the "our hands our tied by the law" excuse, and it's just an excuse. If this law segregated out Jews, Blacks, Hispanics or any other race it would have been struck down. Only in America can you still REMOVE rights from taxpaying Americans based solely on religious ideology.

And yes, gays and lesbians lost this battle with an ineffective campaign. And it is true that the larger than normal minority turnout at the polls helped make this possible, often voting on Propositions such as eight based solely in what their church told them, and they had no reasonable counter-voice in most of their churches since no one on the "No" side bothered to do the outreach to them. And their churches spun the truth to their cause, as organized religion often does, to get what it wants.

So what's next? This does hurt more than even I thought. Waking up and watching so many of my friends and neighbors, and myself, be told that our unions do not count because God said so, that under state law we can't be protected because the "voters" want to discriminate against the community based on religious ideology, it's historic, shameful, and sobering. The founders are shuttering in their graves. I'm sure the Lincoln memorial has bowed its head today. The Washington Monument may tilt a bit in revolt, who can say. Because they mentioned only a few certainties in the document they fought and died to sign, and one of them was a separation of church and state. Today, May 26, 2009 California made religious doctrine law, marriage is between a man and a woman. The only ones that say that, are those who say "God says..." Well, today religious delusion was made law. A dark day indeed.

So, another fight. Another ballot initiative. Another battle. 2010, 2012. Christian groups will spend millions to oppose it, at a time when they should be giving money to the poor. Can we just tax these ideologues, please? They obviously have WAY too much money, and states don't. They obviously are political activists, preaching politics from the pulpit, so tax them. Take millions from them, we need it. Billions nationally. Tax it all, their property, their income, their donations. Want to avoid that? Stay out of politics. Take one proven political stance, like say the millions given to Prop 8, and that's it, you're taxed. Catholics, taxed, Baptists, taxed, Protestants, taxed, all of them.

It's time to really fight back. I mean, really. It's time to take this fight economic. No more state or property taxes until we're equal. No more Federal taxes until DOMA is repealed. No work in any state or industry that doesn't acknowledge human rights. Move to Iowa. Massachusetts or any of the other five states that have equality. Move to British Columbia, Canada. Take our income at a time when it is needed most elsewhere. Make it clear God does not get a say in state or federal law. Get a chisel and drive a wedge between church and state any way it can be done. As for the gay community, scrap the leaders at HRC, at Equal Rights Campaign at Equality California. They're useless as you can see. They lost, and did not wage a good fight. Take those resources and funnel them elsewhere. New, grass roots organizations. Younger people in charge. New directions. The old one hit a brick wall.

California is all but a lost cause now. As it becomes minority majority the church will only continue it's theocratic hold. Look for abortion to come under attack soon. And then any one or any thing else that zealots don't like and can fund a campaign against will be fair game until the power to amend is removed from voter's uninformed, easily manipulated hands . And gay marriage in the state? Not for years and years to come. Sad. Very very sad. Coon Rapids, Iowa, marriage OK. San Francisco or West Hollywood? Nope.

I may not wait for the state to catch up. I can write, and do my radio show, from just about any place. I love my home, Park Howard, but the land under it is California land, and California's people and court's have just told me my relationships are not worthy of legal rights or recognition. Even a plant would want to pull up its roots and leave such a hostile environment...not harmonious for good growth and it's obvious the soil doesn't want our family roots.

Normally, I would rant on. But this is a very dark day in the state and the country. No outcry from Pelosi, Obama, none of them. No one screaming on the left how this is a despicable action. The same players saying the same things. When we need support the most, it's not there. Where's Hillary now? Obama? All the ones who pander to the community come election time for money and then leave us high and dry today? Where's the outrage. If they repealed the right for blacks to marry whites, I wonder if President Obama would be so quiet.

There is no victory today, only a huge backwards step for constitutional equality for all Americans in contract and civil law. It's also just plain mean spirited. Today, gay youth were told in California your relationships don't count. Today, some may die because they feel despair about it all (gay teens kill themselves more than any others, do you wonder why?). Yes, die. Today's ruling may kill someone, literally. Others wait again the same wait any oppressed minority has felt. And some, like me, get ready for more.

Time to take away the tax exempt status of churches, to challenge each and every statement made factually and to take no matters of law or government on "faith" but on fact and basic human decency.

Religious Zealots have been waging a civil war in our country against Americans who happen to be gay and lesbian for too long unchallenged. They are an enemy of the well being of the state and attackers of the constitution, wanting to distort it for their own theocratic use. It is, in fact, a political uprising, a coup d'etat. When a system is set up that cannot protect its people, its law abiding tax paying citizens from attacks from theocratic interlopers its time to change, the system and take the interlopers to task as the traitors to the America ideals of freedom, equality and liberty and justice for ALL that they are, and grant those rights not just to those whose religious ideologies align with your own but all Americans.

The justices in CA should resign not because they upheld a ban on same sex marriage but because they know what they have done is a direct violation of their charter. Their sole job in life is defend and protect the Constitution of the State, and the United States. They failed. Those documents are now being used to oppress, not elevate, to segregate not equate.

History will not judge this action, or its supporters kindly. And this certainly isn't any kind of change I can believe in. It's just more of the same and the new faces sit by and do and say nothing. And when good people sit by and do nothing, evil triumphs. Today is proof.

For audio about this topic please go to the Karel Show Archives here: