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Posted: August 4, 2010 07:40 PM

HuffPost political reporter Sam Stein joined the panel on CNN's "John King USA" Wednesday night to discuss Judge Vaughn Walker's ruling that California's Proposition 8, a ballot measure which banned same-sex marriage, was unconstitutional.

Stein made the case that gay marriage has become an issue that is no longer strictly partisan. "I'll cite as evidence Steve Schmidt, the guy who ran John McCain's presidential campaign, who made a very big show going in front of the Log Cabin Republicans a while back saying conservatives need to realize that this is an issue of fundamental rights," he said. "I think that it is actually not a political issue, it's a philosophical one."

WATCH Part I:


Later, the panel discussed the relative low profile of social issues in midterm election campaigns. Stein said that's logical given the persistently high unemployment rate, but noted too that Democrats have made little effort to fight the expansion of gun rights or restrictions on abortion rights.

WATCH Part II:

 
HuffPost political reporter Sam Stein joined the panel on CNN's "John King USA" Wednesday night to discuss Judge Vaughn Walker's ruling that California's Proposition 8, a ballot measure which banned s...
HuffPost political reporter Sam Stein joined the panel on CNN's "John King USA" Wednesday night to discuss Judge Vaughn Walker's ruling that California's Proposition 8, a ballot measure which banned s...
 
 
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11:15 AM on 08/06/2010
I thinking it is MOVING beyond left and right, but it is not there yet. I also disagree with the notion that the SCOTUS affirming gay marriage would be as divisive as Roe vs. Wade. Perhaps at first it would be, but over time the fact that nobody actually gets hurt by two homosexual forging a legal bond will sap the movement of energy. With abortion, the belief that children are being murdered fuels the movement. There's nothing as potent with gay marriage. It will become a fringe movement made up of the extreme haters.
12:43 PM on 08/05/2010
I don't get the whole objection to using the word "marriage" for gays. The religious zealots somehow claim that "marriage" is a sacred word, denoting G0d's blessing. Marriage is a social union or legal contract that can be confirmed through a religious ceremony, if desired.
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HUFFPOST PUNDIT
TimTheWizard
02:57 PM on 08/05/2010
Get a lawyer to make up a civil contract and, voila, you're married.
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LintLass
"When you can balance a tackhammer on your head...
03:21 PM on 08/05/2010
Unfortunately, no: anti-gay laws in many states actually prohibit any contract that 'gives benefits similar to marriage' for gay couples: and not being legally-married cannot be made up for even if you hire lawyers to draw up a whole battery of what can be done.

Why should gay couples have to pay a bunch of lawyers for what straights can get from an Elvis impersonator in Vegas for fourty bucks?
10:26 AM on 08/05/2010
Marriage is not a right. It is a religious RITE. There is supposed to be separation of church and state. Equal BENEFITS to all, but that has NOTHING to do with marriage. The government should have NOTHING to do with marriage. What's wrong with you folks who think otherwise?
10:33 AM on 08/05/2010
Marriage is not a religious rite; it is a secular institution enshrined in statute. You should radio the Coast Guard, and register a May Day. You are so lost at sea.
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ChiBloger
And the truth shall set us ALL free
10:46 AM on 08/05/2010
Marriage is one of those inalienable rights of all humans. The fact that people were too selfish and racist to acknowledge African Americans as human men when the constitution was written did not change the laws. It only put a spotlight on the hypocrisy of the people creating them.

We have a similar problem today with gay rights. Marriage also falls into the legal and civil realm as it can involve property, power of attorney, spousal benefits from insurance and work as well as custody of children. There is more relevant law here than whatever religion you claim to follow which tells you to hate the gays. You don’t get to be less of a citizen or a human than the next guy just because you love someone that others don’t approve of.

Your religious or secular gay hate is your issue. Equality under the law is EVERYONES issue.
HUFFPOST PUNDIT
Beatriz09
11:26 AM on 08/05/2010
There are no laws but the Constitution and the laws voted by Congress ... .

When the Constitution gives African Americans the legal status of a 'slave', then the LAW accepts slavery, period.

There is not something like 'inalienable rights of all humans'. Rights have ALWAYS been a matter of political decision, which means that they are related to culture, and not somewhere written in nature.

If today a judge can read the Constitution in such a way that gay marriage becomes illegal, it means that other interpretations were possible too, and that you needed a judge interested in equal rights for gays to go and find the arguments that allow us to read the Constitution in this way. And it's much more likely to find such a judge when a culture as a whole is moving towards the idea of equal rights for gays than when a majority opposes it.

That's why imo we need a federal law that unequivocally guarantees that gay marriages are allowed in the US and perfectly equal to hetero marriages. And we will only have such a law when we vote for a majority in Congress that wants such a law too.
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HUFFPOST PUNDIT
TimTheWizard
02:58 PM on 08/05/2010
There is nothing that stops anyone from having a marriage ceremony.
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HUFFPOST SUPER USER
AfroGoddess
Dirty grrl in a dirty world.
10:07 AM on 08/05/2010
While some religious conservatives have a problem with it, I don't understand why the Republican Party is not in support of having as little government involvement in our lives as possible. Who cares who you sleep with as long as you aren't on welfare and aren't getting in the way of big business?
11:05 AM on 08/05/2010
Because for too long - 30 years now - the GOP has relied more and more on the religious right as its base support and takes its marching orders from them accordingly.
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HUFFPOST SUPER USER
Ampoliros
Semper Fidelis Tyrannosaurus!
11:09 AM on 08/05/2010
You misunderstand. They want to move government out of their lives and into yours.
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HUFFPOST PUNDIT
Jdaddy1951
09:37 AM on 08/05/2010
So equal rights is such an easy concept that even a few Republicans and conservatives can get it? My, my!
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HUFFPOST PUNDIT
TimTheWizard
03:17 PM on 08/05/2010
There's no inherent right to have government recognize your marriage. Or my marriage.
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HUFFPOST PUNDIT
Jdaddy1951
07:18 PM on 08/05/2010
Actually, the U.S. Supreme Court wrote in Lawrence vs. Texas that marriage is "a fundamental right" in this country.
HUFFPOST PUNDIT
Beatriz09
09:37 AM on 08/05/2010
To those who think that this is not a political issue but a 'generational' issue:

it's certainly true that young people support gay marriage more than older people, regardless of political affiliation.

But today 70% of the liberals support it, and only 25% of the Conservatives. 56% of the Dems, 28% of the Republicans.

http://www.gallup.com/poll/128291/americans-opposition-gay-marriage-eases-slightly.aspx

So it ALSO remains a political issue, whether we like it or not.

It's important to recognize this fact, because we cannot depend on courts alone, we need new, more appropriate laws, that respect gay rights more. And to obtain them, you need to know HOW to vote. A Republican politician will never seriously change gay rights in this country, as long as only a small minority of his voters want him to do so while a big majority opposes it.

Even with the Dems it's necessarily slow, because today the Dem party is a big tent, there aren't only liberals, but also a lot of 'moderates', that's why less Dems support gay marriage than liberals. That's also why having a BIG Dem majority, that can break the filibuster, is so important if we want to move forward on gay rights, because you need enough liberals to put this on the polticial agenda in DC, especially at a time where other big problems have to be solved.

The alternative: to wait 3-4 generations, until Conservatives support gay rights too ... .
CJ1
Love the Ignorant, hate the Ignorance
10:32 AM on 08/05/2010
Fanned. Thanks for the stats!
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HUFFPOST PUNDIT
TimTheWizard
03:09 PM on 08/05/2010
56% of Democrats is nothing about which to crow.
08:25 AM on 08/05/2010
Even gay marriage is on social issue; USA has practiced for so long ; and it never create a serious problem. The most important factor is economic and living standard. Some people do not want to do that but it's nature and lead them to be like that . In conclusion, we should permit them to get marriage freely because it's a human right even animal also making the same sex love, too. But don't think I'm a gay. Sorry for my English . Thanks
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JohnFromCensornati
The End is near
06:40 AM on 08/05/2010
Stein is wrong about that.The anti-gay crowd is largely Republican.
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HUFFPOST PUNDIT
TimTheWizard
02:41 PM on 08/05/2010
Statistically doesn't work.

15% of Americans are registered Republicans. If 100% of them are anti gay marriage guess what?
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JohnFromCensornati
The End is near
02:55 PM on 08/05/2010
Ooooh! A hair splitter!

I didn't say anything about "registered". I was including Teabaggers and "independents" in "largely" Republican.
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HUFFPOST PUNDIT
josephRoehl
RainbowHumanityRising, 600 million
06:17 AM on 08/05/2010
For those who believe That all love be sanctified and embraced by the whole world, be those lovers gay or str8:

"Let me not to the marriage of true minds
Admit impediments. Love is not love
Which alters when it alteration finds,
Or bends with the remover to remove:
O no! it is an ever-fixéd mark
That looks on tempests and is never shaken;
It is the star to every wandering bark,
Whose Worth's unknown, although his height be taken.
Love's not Time's fool, though rosy lips and cheeks
Within his bending sickle's compass come;
Love alters not with his brief hours and weeks,
But bears it out even to the edge of doom:
If this be error and upon me proved,
I never writ, nor no man ever loved.[1]

–William Shakespeare

http://en.wikipedia.org/wiki/Sonnet_116
HUFFPOST SUPER USER
mitchpeter
06:06 AM on 08/05/2010
This is an equality issue for me. How dare anyone try to give me les rights as an American than someone who is straight? That goes against the spirit of this country. Thank goodness our society is moving in the right direction, albeit kind of slowly. I am still grateful our society advanced enough that I was allowed to become a parent, thats the greatest gift of all. Now even my "straight" son needs all of his rights, as his parents are not allowed to marry. Plus, there is no proof it affects any straight people's marriage or rights. Just their prejudices.
www.gaynycdad.com
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HUFFPOST COMMUNITY MODERATOR
MelRoy
I think, therefore...here I am
11:33 AM on 08/05/2010
If you are among any group which is being discriminated against, the issue is emotional and close to home - like being stabbed in the heart. When Proposition 8 passed, I tried to reassure gay and lesbian friends that it would be tested in court and overturned. I work in law so always try to take a dispassionate view. Today is a day to cheer and celebrate. Tomorrow, prepare. There will be an appeal in California. And don't forget there are gays and lesbians in many other states who have even tougher battles to fight to repeal amendments. Eventually, SCOTUS will repeal DOMA then the right for gays and lesbians to marry will become federal law. This is what happened with anti-miscegenation laws when a married couple moved to another state where their marriage was invalid.
04:57 AM on 08/05/2010
What is Stein talking about? How is this philosophical issue not a political issue?
HUFFPOST PUNDIT
Beatriz09
08:49 AM on 08/05/2010
It's called 'wishful thinking' .. .
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TommyObama
Abuse of power comes as no surprise.
12:14 PM on 08/05/2010
He's trying to provide cover for a GOP clearly on the wrong side of an issue. And of history. Ain't gonna work.
03:32 AM on 08/05/2010
I am not gay, and I am married. If two gay men or two lesbian women want to enter in to a legal and committed married relationship, the impact it has on me or my marriage is less than zero. Whatever good things I have in my marriage will still be good, and not worsened, and whatever things we need to work on will still need to be worked on. This is a freedom issue.

I think most small-government advocates should feel the same way as I do - and I am by all means for less goernment intrusion in our lives.
This user has chosen to opt out of the Badges program
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TimetoIMPEACH
(established 2005)
06:28 AM on 08/05/2010
Or, as my always pragmatic husband said when asked what he thought about gay marriage: "Why shouldn't they suffer like the rest of us?" !

True equality. Gotta love it.
HUFFPOST PUNDIT
Beatriz09
09:03 AM on 08/05/2010
I don't think that the 'small government' argument is the most powerful, in this case.

The 'small-government' theory may be about less government intrusion in our lives, but that's only in theory.

Fact is that those who defend this small-government idea in general actually vote for bills that have very serious effects on many families accross the country, it's just that you don't see those effects as easily as when you're paying your taxes. The Bush tax cuts for example, that had an overall negative impact on the revenues of middle classes and will soon be the biggest part of the structural deficit, deficit that small-government supporters will mandate those same middle classes to pay, and not the wealthiest Americans.

On the other hand, gay marriage will certainly not affect those who oppose it financially, but it do will make them hate their government more, it will make them feel less 'at home' in the US, so it will ALSO have an effect on their private lives.

If you think about it, most of the important pieces of legislation Congress votes and even many of the important decisions the SC makes have a serious effect on our lives. People often only invoke the 'small-government' idea to fight against an effect they don't like or don't agree with. That's what makes the argument imo very weak, if not simply false.
02:48 AM on 08/05/2010
What's the big deal? Up here in Vermont same-sex marriage is legal. We're even considering legalizing marriage of Republicans. Maybe even Tea-Baggers.
HUFFPOST SUPER USER
Donald
04:41 AM on 08/05/2010
But not to each other, I hope ...

;-)
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06:03 AM on 08/05/2010
Ew. But then they might procreate! : )
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HUFFPOST PUNDIT
PolicyWonkette
01:59 AM on 08/05/2010
It never fails. The progressive values eventually become mainstream.
03:34 AM on 08/05/2010
Most progressives seem to want more government interference in people's lives - intrusion via confiscatory taxation and madating of social mores. This is about less government interference - letting people be as they wish to be as long as they do not harm others. Rather than being a progressive issue, this is a libertarian issue. Come on over (just be for lower taxes and fewer government programs) - you might like it.
04:11 AM on 08/05/2010
Would that be the same libertarians that think it's A-OK for private businesses to discriminate?

No, thanks.
HUFFPOST SUPER USER
Donald
04:54 AM on 08/05/2010
Even a broken clock will tell the correct time at least once during daylight hours. Like its evil twin, communism, libertarianism sounds and looks good on paper as an academic theory, but is impractical for the simple reason that just like communism, libertarianism fails to account for the human element. Generally, people are selfish, greedy and conceited things, even if they do somtimes try to mean well.
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HUFFPOST SUPER USER
gregstevens
I'm just some guy.
11:41 AM on 08/05/2010
"It never fails. The progressive values eventually become mainstream."

Hence, the word "progress".
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HUFFPOST SUPER USER
gregrocker
What has the Right ever been right about?
01:15 AM on 08/05/2010
Remember that for as many as a third of the US population, know-nothings, being gay is still the worse than being a murderer and death is the proper punishment. Remember the cowboy who agreed with Borat when he says "In my country we hang them" by replying "We're trying to get that here too."
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HUFFPOST COMMUNITY MODERATOR
Amalek
Highly decorated HP warrior
01:21 AM on 08/05/2010
Step one is to repeal the 14th Amendment, which provides equal protection, due process and anchor babies.