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Fremont to join lawsuit against Measure 8

By Matt Artz
Tuesday, November 18th, 2008 at 11:53 pm in Uncategorized.

UPDATE: Fremont’s action has rattled the legal world. The state Supreme Court today agreed to take up the challenges to Prop. 8. They must have been watching online.It wasn’t unanimous, but Fremont is joining lawsuit seeking to invalidate Measure 8, which outlawed same sex marriage.
The City Council voted 4-1 to join a lawsuit filed by San Francisco and two other local governments. The city won’t have to spend any money to support the suit financially.

There are also three other lawsuits that argue that Prop 8 is invalid because it is really a revision, not an amendment to the state constitution, and thus first needed two-thirds support in the legislature.

Serveral people spoke in favor of Fremont joining SF’s lawsuit at tonight’s meeting.

In his second-to-last meeting, Counilmember Steve Cho found himself in the uncomfortable position of being the lone dissenter. He started out by noting that the council just about never takes sides on political matters outside city boundaries.

“Every time something like this comes about, the council takes the position that it is beyond the scope of the city,” he said. “What is the difference about this one?”

It was a softball that anyone could have hit out of the park, so up stepped the mayor.

“As I see it, the difference is depriving of rights and a depriving of rights of people who live in Fremont,” Mayor Wasserman said.

Cue the audience cheers.

Cho then intimated that the council was playing to the audience. “Tommorrow it could be a different group that advocates a different position,” he said.

That drew a rebuke from Councilmember Anu Natarajan, and a promise from Councilmember Bill Harrison, that the council won’t start passing resolutions to free Tibet or undergo any Berkleyzication (sp?). Never mind that the debate came after approval of a development that could bring a Berkeley Bowl-like supermarket to Fremont and before a green taskforce report.

Cho continued that he’s all for civil rights, but that he’s more of a traditionalist and that the definition of marriage to him means something other than a same sex couple.

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  • Blaine

    This is REDICULOUS. Why? Simple. Californian’s voted YES on Prop 8. The same identical situation happened several years ago with prop 187. If this is going to be the case, WHY DO WE BOTHER TO VOTE?? It is just a big waste of anyones time anymore, especially in California. Maybe if prop 8 gets overturned, lets do a Re-Vote for the president, after all, its only fair.

  • bbox231

    Matt Artz -could you explain what actions Fremont will take to “join a lawsuit” ?

  • Fremontguy

    Blaine, your comment is REDICULOUS. Why? Simple. A popular vote to remove or refrain the rights of anyone is wrong. It was wrong when women were not allowed to vote and wrong when African Americans were deprived of privileges from everyone else.

    Our country is changing and this evolution of a progressive-thinking generation I know is intimidating to some, but why does anyone care if a same sex couple wants to enjoy the same rights of everyone else? I’m a happily married man to a great woman and young child, everyone should have the right to share the same level of commitment that I do… after all, it’s only fair.

  • Jon Simon

    And Alameda County voters said no on 8, 68% to 32%. I’m proud that my city is joining in this civil rights struggle.

  • MikeTeeVee

    Blaine asks why bother to vote on Prop 8 and 187 if judges will overturn the decision. Why, indeed? Why have judges? Why have legislators? Why have a Governor? Why have a constitution? Why not just have all laws be ballot propositions and let the people vote on each one?

    We don’t need checks and balances. Let the majority decide everything.

    After all, what does a judge know about laws that I don’t?

  • Lois

    Fremont guy – It is our responsibility to set the example for our future generations. Allowing and encouraging “marriage between the same sex” is wrong. What kind of world are you setting up for your children? You have a responsibility to your children.

    I do not wish harm on any homosexual, and feel the human psyche in the beginning was damaged, and to a smaller degree, during gestation of the homosexual. It is a mockery to the Godly sanction of marriage, to allow the word marriage to be used, instituted between two people of the same sex.

  • Lois

    I am a citizen of Fremont, I resent the Fremont Council taking any stand on this issue. They do not represent the people of Fremont on this issue. I believe the Fremont council has made this decision, being influenced by other connected groups with homosexuals.

    I just wonder if we the citizens can protest, by filing an action against the City Council? What monies are going to be used by the City Council in fighting Prop. 8? I don’t want to pay a dime of my property taxes toward fighting Prop. 8.

  • Lois

    Blaine, perhaps recalling our City Council members, with the exception of Steve Cho, might be in order?

  • Andrew M.

    # Lois Says:
    November 20th, 2008 at 4:55 pm

    Blaine, perhaps recalling our City Council members, with the exception of Steve Cho, might be in order?

    Ah, people are so well read on the ways the city operates and with their city council…

  • Fremontguy

    Lois says – “It is our responsibility to set the example for our future generations. Allowing and encouraging “marriage between the same sex” is wrong.”

    Lois, that is your opinion, how can 2 people who care for each other be wrong?

    Lois says: “What kind of world are you setting up for your children?” -

    I say a world that is respectful of people’s choices, a world that isn’t afraid of standing up to bigotry and hatred, a world that use to hold back the rights of so many minority groups, but is finally evolving. A world that your God would want you to accept I’m sure.

    Lois says: “You have a responsibility to your children”

    I say, so do you, you should set the example and break away from your fears. Exactly what will happen to my children or yours if 2 people choose to get married? Really, think about it?

    Lois says “I do not wish harm on any homosexual, and feel the human psyche in the beginning was damaged, and to a smaller degree, during gestation of the homosexual. It is a mockery to the Godly sanction of marriage, to allow the word marriage to be used, instituted between two people of the same sex.”

    I say that you should meet same sex couples and sit down with them, you’ll realize they are just like you. I know it’s hard, but you can do it, I have faith that you’ll come around.

  • Fremontguy

    Lois says: “I am a citizen of Fremont, I resent the Fremont Council taking any stand on this issue. They do not represent the people of Fremont on this issue. I believe the Fremont council has made this decision, being influenced by other connected groups with homosexuals.”

    I say, how wonderful Fremont’s leadership is (except for Cho)… a forward, progressive council that represents a city of so many backgrounds, beliefs and free thinking. The vote in Fremont voted down Prop 8 (and cho for mayor) as did all of Alameda County. What a great place indeed. Change we can believe in, so glad I’m alive to witness it.

  • Fremontguy

    ISN’T MARRIAGE A RELIGIOUS INSTITUTION? No. Because every couple in America has to get a marriage license issue from their state, whereas religious ceremonies are optional. In addition, no religion is or should be forced to marry anyone. This is protected by the First Amendment regarding Freedom of Religion.

    SHOULDN’T WE DEFEND MARRIAGE? From what? Gays and Lesbians are embracing marriage. That’s like fighting off a hug.

    WHAT ABOUT THE SANCTITY OF MARRIAGE? How sacred is marriage if over 50% of them end in divorce? That said, marriage ceased to be a sacred institution and became a legal institution when the law permitted certain rights and benefits to be ascribed to people who have engaged in matrimony.

    WHAT ABOUT THE TRADITION OF MARRIAGE? The tradition of marriage has been changed throughout history. In the past, marriage has been between a man and multiple women, it was a business arrangement for the exchange of property and goods for a wife, it was banned in churches in the middle ages because it was a form of commerce, marriages were arranged up until recently, and interracial marriage was banned until 1967.

    WHAT ABOUT TEACHING KIDS ABOUT GAYS? And? That’s like saying we should not educate our children about African Americans or Jews.

  • Jen

    I’m really so glad that time was spent debating this at the city council meeting and there was discussion as to whether or not Fremont needed to get it’s name in the news listed after San Francisco and Oakland. For a law suit that’s going before the state Supreme Court whether or not Fremont lends it’s name to the case.

    I mean, it’s not like there’s any pressing issues such as roads, schools, development, public safety, etc. etc.

    Last time I checked, those issues affected all of us, straight or gay or anything in between.

  • Lois

    I want to preface by saying, you’re not so unlike many Americans. You, and others like you have been dumbed down by the government system of education. Americans have lost their way FremontGuy…American people have been PC‘d to death, literally, we‘ve been led down a deadly path. We’ve fallen away from God’s guidance and laws, we’ve allowed the decadence of drugs, immorality, intermixing, corruption, the death of the family, to happen, under the guise of “civil rights”.

    The Bible talks of generational punishment. “The LORD will by no means clear the guilty; visiting the iniquity of the fathers upon the children, and upon the children’s children, unto the third and to the fourth generation” . FremontGuy, you have a duty to your future generation, your children will suffer because of your decisions, or lack of them.

    There is nothing wrong with people caring for another’s well being, but marriage between two of the same sex, NO. Homosexuality is nothing more than pain, the breakdown of the family, society, causing homosexuality.

    I beg to differ with you Fremont Guy, you’re following the worldliness, secularism of today, what you are actually afraid of standing up to is what is right. You want to go along with the flow of the worldly heathen, which you feel is easier. I see it all the time, people want to take the way of least resistance.

    What is evolving today, is the third world peoples want what we have. They’re takers. They’re driven by the enemy within our government, corporations, and institutions that have been taken over by the House of Esau/Edom. They want what God blessed us with. Europeans as well as third worlders of this country will be enslaved to the one world order. BUT, we Americans are naïve, this country WAS the last bastion of freedom, but third world peoples are killing the goose that laid the golden egg. They’re bringing to this country, the ungodly propensities of their countries.

    I have homosexuals in my family. They know I love them, I know they love me, but they know my stand on this issue. They do not flaunt their lifestyle in front of me. We each respect the others opinions. We do not discuss the issue. I have met homosexual couples, I wish no harm to homosexuals. BUT, I will not stand for our government pushing for homosexuality to be taught in our schools, as an alternative lifestyle.

    I wish you well Fremont Guy.

  • Lois

    Fremont Guy,

    When you think of progressive, think “communism, secularism”. The Fremont City Council had no business voting down Prop 8, and was due to special homosexual interests connected with the council. They did not voice my opinion and suspect did not represent most citizens of Fremont. They had better not use one dime of the city’s money to do this. But, in essence they have, because the council is being paid by Fremont taxpayers….that’s a no-no. Why wasn’t this put up to the voters in Fremont?

  • Marty

    When I think of “progressive”, I think insurance.

  • Lois

    In answer to the Fremont Guy

    ISN’T MARRIAGE A RELIGIOUS INSTITUTION?
    Yes, marriage is a sacred union between a man and woman, to further procreation. And with this union a child will gather from the balance of a mother and father. In a Godly, moral homogenous nation, there is no freedom from faith.

    SHOULDN’T WE DEFEND MARRIAGE? Yes, we should. Marriage is the union between man and woman. Homosexuals have relationships, but they are not marriages, the lifestyle is dishonorable in the eyes of God. Two men or two women cannot procreate. A child needs the balance of the male and female character.

    WHAT ABOUT THE SANCTITY OF MARRIAGE? Marriage is a sacred union. Unfortunately, our country has fallen from God’s guidance. Just because there is a lot of divorce, does not make marriage less a sacred union. The problem lies with the people, not the institution of marriage. Marriage is both legal, and sacred.

    WHAT ABOUT THE TRADITION OF MARRIAGE? God has absolutes. Just because some people practice certain things, does not mean God approved. Man may have tried to change things, but marriage is what it is, between one man, and one woman. God disapproved of interracial marriage, as spoken in the Bible. This is why there was a law against it.

    WHAT ABOUT TEACHING KIDS ABOUT GAYS? I say the schools need to get back to the basics, teach Reading, Writing, and Arithmetic. Schools are nothing more than breeding grounds for socialism. I suggest to young parents, do your children a favor, and HOMESCHOOL.

  • Fremontguy

    Lois:

    I want to preface by saying, you’re not so unlike many Americans either, except you now are a minority group yourself. You, and others like you have been dumbed down by your interpretation of biblical words.

    The Bible was written by authors who were intent on promoting their own religious and spiritual beliefs. The writers lived in a pre-scientific age, which treated slavery, genocide, mass murder, and the oppression of women as acceptable behaviors.

    And you simply take words and translate them to your desire. It’s a stance that is old and tired. If you’re a Christian, then Christians should be open to the Holy Spirit teaching the need for change. This has happened in the past over matters like slavery and the role of women. It is happening now over equal rights for those with a homosexual orientation.

    I pray for you Lois and especially your homosexual family members.

  • Lisa

    FremontGuy, you are a very brave and patient person, to continue to try to rationally discuss this with Lois. I’m totally with you, as are a lot of other people in Fremont. You have made many excellent points in rebuttal to her remarks.

    I have given up trying to have any sort of rational discussion on this topic with people like Lois. As I was once told by a wise mentor:

    “Never mud wrestle with a pig. You both get filthy dirty, but the pig enjoys it.”

  • Doug

    FremontGuy…Amen.

  • http://www.charles4council.com charles

    Marriage use to be a sacrament of the church. In America there is no agreement on this. Protestants surredered the ordinance of marriage to the state. This sort of opened the door. Legally the state has control over marriages, and the state defines what constitutes a union vs. no union. For example, I can’t marry my car or a favorite milking cow. The state, as yet, won’t recognize this as an authentic marriage. It still has to be between two human beings. Pansexuals may disagree.. oh well.

    Nonetheless, I realize this is unloving, but I am for cutting our loses, and letting the Sodomites and liberals slit their own throats. Let them sink in the cesspool of their own making while we just kick the sand off our sandles and move on. Our problems are much deeper than prop 8 opposition or even the ‘culture wars’.

    Our problems are the problems of the church. However, the difficulty here is “which church”? There are over 50,000 denominations in the USA. The biggest churches are Catholic and Baptist. In the world the Catholics and Orthodox are the largest denominations. Of course, I am defining the ‘church’ by size and breadth. But there is also doctrine and life, and I take a conservative position on this.

    Anyway, Americans don’t even know what is the ‘church’. So how can we save something we don’t even know anything about? Most of us think ‘church’ is a feeling or sentiment that we can reserve for ourselves at home, i.e., spirituality.

    But my advice is to ‘retrench’. We’ve lost this one. We need to dig in, rediscover the ‘church’ (not remake), join it, and work hard to build it up.
    Politics only blunts the attacks of the Progressive-atheistic hordes. Politics has its use, but it will never allow us the victory we need. We need Christ, and Christ is found in the Church.

    If the church falls, so does the nation.

    Therefore, let the Sodomites pour their cup of filth. Let them be their own ruin. We need to focus on priorities. We can’t save people who refuse to save themselves. We work on the business of the church. Politics is rearguard work, needed but can’t win.

  • Lois

    Charles, I agree with you…you have it right!

  • Fremontguy

    I’m with you Lisa, I love your quote ““Never mud wrestle with a pig. You both get filthy dirty, but the pig enjoys it.” So true…

    As Doug said it so well… AMEN!
    :-)

  • Fremontguy

    Charles… let me simplify this for you too. There are Americans that don’t accept nor believe in your interpretation of faith or church. My family for example is of Native American descent, my mother born on a reservation in New Mexico and several of my family still there living everyday, enjoying the dismal, filthy life that your faith brought to them generations ago. You choose your beliefs and that’s your right, but your beliefs are not the standard by which all humanity should live by.

  • bbox231

    If these folks could direct their morality in the direction of not taking human lives – as in war – as in Iraq – as they are about the morality of gay marriage – the world would be a better place.

    I would call this a confused and misplaced morality – but that would be profering greater credit than is due these poor souls.

  • http://noasws.blogspot.com NoAsWS

    The rights of the people living in Warm Springs, Mission San Jose and Irvington are currently being deprived. The A’s and the city cannot reach a deal with the big companies in Pacific Commons, so they are trying to push the stadium close to our residential neighborhood. They are trying to build their wealth at the expense of the local residents. They don’t care about the crime and traffic impact, which has caused damage to our house values.

    Mr Mayor, can you stand up and defend the rights of local residents?

  • worble

    NO and he won’t because W_ass_erman and the Wolffs don’t give a rats a– about the people of Fremont. If they did care they would let us vote. NO TO THE BALLPARK IN FREMONT!!!!!

  • Fremont Lifer

    Lois says:

    “What is evolving today, is the third world peoples want what we have. They’re takers. They’re driven by the enemy within our government, corporations, and institutions that have been taken over by the House of Esau/Edom. They want what God blessed us with. Europeans as well as third worlders of this country will be enslaved to the one world order. BUT, we Americans are naïve, this country WAS the last bastion of freedom, but third world peoples are killing the goose that laid the golden egg. They’re bringing to this country, the ungodly propensities of their countries. ”

    My reply:

    “Give me your tired, your poor, your huddled masses yearning to breathe free,
    The wretched refuse of your teeming shore.
    Send these, the homeless, tempest-tossed to me.
    I lift my lamp beside the golden door.”

    Ring any bells, Lois? Where did YOUR ancestors come from? Mine got here 350+ years ago, but they were no different from the ones coming in today. They were the takers of their day. Everyone wants what we have – that’s how we got here.

  • Doug

    Mark Twain said it best. Travel is fatal to prejudice, bigotry and narrow mindedness.

  • Californiaguy

    They do not speak our language, they are not assimilating into our culture, I wish they would go back on there ship, the Mayflower
    American Native Quote

  • FremontGuy

    Although we are in different boats you in your boat
    and we in our canoe we share the same river of life.

    Chief Oren Lyons, Onandaga Nation

  • Marty

    If you were a poor Indian with no weapons, and a bunch of conquistadors came up to you and asked where the gold was, I don’t think it would be a good idea to say, “I swallowed it. So sue me.”

    Jack Handy

  • FremontGuy

    Hahahaha, that’s the best one yet Marty. Jack Handy rules.