California's Proposition 8 and Gay Marriage
I was opposed to Proposition 8, and voted against it. In my opinion any reasonable reading of the equal protection clause of the US constitution prohibits government from granting more rights to some citizens and fewer to others. That means, if government offers any "rights" to married couples, everyone has to have the opportunity to marry whom ever they wish. And, government certainly does offer more rights to married couples, from income tax filing to inheritance rights to adoption rights.
But, I am bothered by the attempts to overturn the decision made by California voters to define marriage as being limited to one man-one woman partnerships. Our voters have every right to do what they did last Tuesday, unless doing that was a violation of either the state constitution or the US constitution. It can't be a violation of the state constitution since it was an amendment to the state constitution, so the only way that what the voters did was legally wrong was if it violated the US constitution. And, that decision has to be made by the courts.
There are currently waves of public demonstrations against Proposition 8. The only effect these demonstrations can have is to demonstrate to the courts that the public believes that the US constitution prohibits Proposition 8 from ever becoming law. But, why would the courts believe that even a 100,000 person demonstration was meaningful when the people voted decisively that Proposition 8 become law? So, other than being an outlet for the rage of those who support gay marriage, the demonstrations seem pointless.
Far better to challenge proposition 8 in the court, and this is already underway. The courts will know where the people stand - against gay marriage - but will have to decide whether the US constitution trumps the will of the people. It does, of course, but courts are known to ignore simple facts like that, especially right wing courts such as we are now cursed with.
I am not planning to take part in any of the many demonstrations against proposition 8. I hope this explains why.
But, I am bothered by the attempts to overturn the decision made by California voters to define marriage as being limited to one man-one woman partnerships. Our voters have every right to do what they did last Tuesday, unless doing that was a violation of either the state constitution or the US constitution. It can't be a violation of the state constitution since it was an amendment to the state constitution, so the only way that what the voters did was legally wrong was if it violated the US constitution. And, that decision has to be made by the courts.
There are currently waves of public demonstrations against Proposition 8. The only effect these demonstrations can have is to demonstrate to the courts that the public believes that the US constitution prohibits Proposition 8 from ever becoming law. But, why would the courts believe that even a 100,000 person demonstration was meaningful when the people voted decisively that Proposition 8 become law? So, other than being an outlet for the rage of those who support gay marriage, the demonstrations seem pointless.
Far better to challenge proposition 8 in the court, and this is already underway. The courts will know where the people stand - against gay marriage - but will have to decide whether the US constitution trumps the will of the people. It does, of course, but courts are known to ignore simple facts like that, especially right wing courts such as we are now cursed with.
I am not planning to take part in any of the many demonstrations against proposition 8. I hope this explains why.
