1 Step Forward, 2 Steps Back, Prop 8 Passes, Taking Away Marriage from Same-Sex Couples

Posted by Tina Righter at 11/5/2008 9:27 AM
Categories: Racism, Voting, Discrimination, Homophobia
Just when it seems America is making giant strides for equality in electing an African American President, California votes to take marriage away from same-sex couples.  In an unbelievable and unprecedented move, Californians voted to amend their state Constitution to add IN discrimination, based on sexual orientation.  With about three-quarters of the precincts reporting, it appears that Proposition 8 is going to narrowly pass when all the votes are tallied.  The measure appears to have 52% support; in California a simple majority is required to amend the Constitution.

Prop 8 Ellen and Portia marryCalifornia has gone back and forth on the issue of same-sex marriage with many couples marrying and re-marrying.  In 1977, the civil code was amended to read marriage was a “contract between a man and a woman.”  In 1999, Bill 26 passed to create a “domestic partnership” with limited rights.  In 2000, voters passed Prop 22 with 61% support to change the Family Code to formally define marriage as “between a man and a woman.”  In 2003, Act AB205 passed giving “domestic partners” almost all the same rights as married spouses but the legislature intervened to delay its enactment until January 2005.  In 2004, San Francisco began issuing marriage licenses to same-sex couples at the direction of major Gavin Newsom with almost 8000 people marrying.  Later the California Supreme Court annulled all 4000 marriages.  San Francisco then began a legal challenge.  In 2005, an Act was passed by the legislature which would have recognized same-sex marriage in California but Governor Schwarzenegger vetoed it.  He vetoed it again in 2007 saying it was unconstitutional to make the change by legislative action instead of by court decision or vote.

In May of 2008, the California Supreme Court ruled that the statute enacted by Prop 22 was in violation of the equal protection clause of the Constitution and that same-sex couples had the right to marry.  In June, Prop 8 qualified for the November 2008 ballot and the Supreme Court denied a petition to stay its ruling that allowed same-sex couples to marry and same-sex couples continued to marry in California.

Prop 8 used the same language as Prop 22 but changed the Constitution instead of incorporating by statute (a statute can be overturned by the state Supreme Court, a constitutional amendment, cannot).

So now we wait for the next move in this ridiculous quest to ensure gay Californians cannot protect their families via marriage.  Opponents of Prop 8 said it would “protect children” but what about the children of the same-sex couples who no longer will have two married parents.  It is clearly not in the best interest of those children.

The mormon church and other religious institutions spent millions of dollars to pass Prop 8.  Clearly, this is in violation of the law and their tax-exempt status should be removed, but that is a whole different blog.  They believe that those dollars were best spent on advertising rather than, say, maybe feeding the hungry or housing the homeless.  They say it “protects marriage”.  I say they should have spent their millions on marriage counselors.  That actually might “protect marriage.”

As someone who grew up in California and went to a University of California, I’m gravely disappointed in Californians.  Blacks and whites were not allowed to marry legally everywhere in the US until 1967.  Just as we look back and see that law as flagrantly racist, history will show this vote to be bigoted, intolerant and hateful.

 

What did you think of this article?




Trackbacks
Trackback specific URL for this post
  • No trackbacks exist for this post.
Comments
Display comments as (Linear | Threaded)

Leave a comment

 Enter the above security code (required)

 Name

 Email (will not be published)

 Website

Your comment is 0 characters limited to 3000 characters.