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Disclaimer: The issue of gay marriage is a partisan one, and therefore there will be strong opinions for either side. I ask that if you choose to participate in this dialogue, that you remain on topic and refrain from any personal attacks. Politics and religion are deeply rooted in this discussion, but please keep your arguments respectful.
I will also be adding to this post and the thread in general as things develop.
Proposition 8:
The decision by the Supreme Court refers to the overturning of Proposition 22:
Proposition 8 passed with 52.3% of California voters supporting the ban.
http://vote.sos.ca.gov/Returns/props/59.htm
Majority Rule and Minority Rights:
The United States Constitution is designed to align itself with the will of the people with respect to minority rights. This means that a majority cannot vote to strip rights away from a suspect class. Courts and legal bodies exist to inhibit any such infringements. That is the "system".
The United States is not a direct democracy in which decisions are laid bare before the tyranny of the majority. With regards to Prop 8, a small majority of CA voters annulled the right of homosexuals to get married, removed any legal/civil rights given to them through marriage, and disallowed the state to recognise said marriages. The will of the people can and should be overturned because it violates the clause pertaining to due process and the guarantee of equal protection provided by the constitution under the Fourteenth Amendment.
To state that the final word on the matter lies with the people is naive and demonstrates a lack of knowledge into how democracy in the US functions. It is not how the "system" functions.
The Constitution - Revisions and Amendments:
There are two ways in which a constitution can be altered - through an amendment or a revision.
Proposition 8 was passed as an amendment and thus was not subject to a 2/3 approval by the State Legislature. However, given the nature of the change to proposed, Prop 8 is a revision because it essentially circumvents equal protection.
http://www.nclrights.org/site/DocServer/CampaignPetition.pdf?docID=4321
Lisa Bloom, Daughter of Gloria Allred on the issue:
Precedent:
The fight for gay marriaged holds significant parallels to the overturning of antimiscegenation laws within the last century. Namely in the sense that to bar a fundamental right (marriage) from people on the grounds of discrimination is unconstitutional.
In 1948, The California Supreme Court ruled that interracial marriage bans violated the Fourtheenth Amendment via Perez v Sharp:
In 1967, the case of Loving v Virginia (a landmark case which saw the final demise of antimiscegenation in the US) a similar ruling was delivered:
In June 2007, Mildred Loving issued the following statement:
The Misinformation:
The proponents of Proposition 8 made the following claims in relation to gay marriage and the recognition of it by the state:
I would just like to systematically debunk these horribly misinformed opinions.
Sectarian, Religious or Civil?
The truth of the matter is that gay marriage, and as an extension homosexual rights, are CIVIL issues. I repeat CIVIL. The Supreme Court ruled to recognise same-sex marriages as legal entities and bestow upon couples every single right and protection which marriages offer. This is completely separate from a religious marriage, and no church or institution was to be compelled to acknowledge it in a similar way.
There is no moral quandary to dwell over here. There is no need to consult a pastor. There is a separation of church and state for a good reason and the passing of Prop 8 saw that very line wither because people did not vote with regards to the legality of the matter. They did not vote after thinking about constitutional elements, or equal protection, or human rights. The vote was largely a sectarian one. You don't need to approve of homosexuality. You don't need to marry someone of the same sex if you do not wish. You do not need to host gay marriages in your church.
What you do need to consider however, is the rights and segregation of your fellow human being, of your neighbour, of your family. You need to ask yourself if it is correct to strip protection and rights from people who have no desire to undermine yours. Rights which are completely separate from your church. Wanting to maintain a tradition in your own congregation is one thing, enforcing an entire state to abide by your personal beliefs (or in this case, using that belief to take things away from minorities) is quite another.
Separate but Equal?
No. Always separate, never equal.
I will also be adding to this post and the thread in general as things develop.
Proposition 8:
Proposition 8 is a California State ballot proposition that would amend the state Constitution to restrict the definition of marriage to a union between a man and a woman. It would overturn a recent California Supreme Court decision that had recognized same-sex marriage in California as a fundamental right. The official ballot title language for Proposition 8 is "Eliminates Right of Same-Sex Couples to Marry." The entirety of the text to be added to the constitution is: "Only marriage between a man and a woman is valid or recognized in California."
The decision by the Supreme Court refers to the overturning of Proposition 22:
On May 15, 2008 the California Supreme Court, by a vote of 4–3, ruled that the statute enacted by Proposition 22 and other statutes that limit marriage to a relationship between a man and a woman violated the equal protection clause of the California Constitution. It also held that individuals of the same sex have the right to marry under the California Constitution.
On June 4, 2008, the California Supreme Court denied a petition to stay its In re Marriage Cases order pending the upcoming vote on Proposition 8. As of June 17, 2008, marriages between individuals of the same sex were considered valid and recognized in the state of California. A UCLA study estimated that 18,000 same-sex couples married between then and early November, 2008.
Proposition 8 passed with 52.3% of California voters supporting the ban.
http://vote.sos.ca.gov/Returns/props/59.htm
Majority Rule and Minority Rights:
The United States Constitution is designed to align itself with the will of the people with respect to minority rights. This means that a majority cannot vote to strip rights away from a suspect class. Courts and legal bodies exist to inhibit any such infringements. That is the "system".
The United States is not a direct democracy in which decisions are laid bare before the tyranny of the majority. With regards to Prop 8, a small majority of CA voters annulled the right of homosexuals to get married, removed any legal/civil rights given to them through marriage, and disallowed the state to recognise said marriages. The will of the people can and should be overturned because it violates the clause pertaining to due process and the guarantee of equal protection provided by the constitution under the Fourteenth Amendment.
To state that the final word on the matter lies with the people is naive and demonstrates a lack of knowledge into how democracy in the US functions. It is not how the "system" functions.
The Constitution - Revisions and Amendments:
There are two ways in which a constitution can be altered - through an amendment or a revision.
The California Constitution permits "amendments" to the Constitution by mere majority vote in a statewide referendum (although to get a state-constitution-amending initiative on the ballot requires more signatures than to get a regular-state-law-creating initiative on the ballot). However, some provisions can't be changed by amendment. What the California Supreme Court has characterized as far-reaching change to the fundamental constitutional plan requires a "revision" to the state constitution, which can only be accomplished if 2/3 of the state legislature first proposes the measure and it is then approved by the voters.
Proposition 8 was passed as an amendment and thus was not subject to a 2/3 approval by the State Legislature. However, given the nature of the change to proposed, Prop 8 is a revision because it essentially circumvents equal protection.
Proposition 8, if it truly has been enacted, woulds constitute a revision of the California Constitution because it alters underlying principles on which the California Constitution is based and makes far-reaching changes to the nature of our basic governmental plan by severly comprimising the core constitutional principle of equal protection of the laws, depriving a vulnerable minority of fundamental rights, inscribing discrimination based on a suspect classification into the constitution and destroying the courts' quintessential power and role of protecting minorities and enforcing the guarantee of equal protection under the law.
Proposition 8 is invalid under the California Constitution. Proposition 8, unlike any other constitutional initiative of which Petioners are aware, eliminated a fundemental right - the right to marry - and it does so only with respect to a subset of Californians - lesbian and gay people. If given effect, Proposition 8 would work a dramatic, substantiative change to our Constitution's "underlying principles" of individual equality, on a scale and scope never previously condoned by this Court. And, because it would prohibit California courts from exercising their core, traditional, constitutional role of protecting the established equality rights of a minority defined by a suspect classification, Proposition 8 would effect a "far reaching change in the nature of our basic governmental plan".
For these reasons, Proposition 8 must be deemed to constitute a "revision" of the Constitution, as opposed to a mere "amendment". Although section 3 of article XVIII confers on the people the power to "amend" our Constitution by initiative, "revisions" properly may be accomplished only through the deliberative process established in sections 1 and 2 of article XVIII. Because none of the steps necessary to effect a "revision" have taken place here, Proposition 8 is invalid in its entirety.
http://www.nclrights.org/site/DocServer/CampaignPetition.pdf?docID=4321
Lisa Bloom, Daughter of Gloria Allred on the issue:
Precedent:
The fight for gay marriaged holds significant parallels to the overturning of antimiscegenation laws within the last century. Namely in the sense that to bar a fundamental right (marriage) from people on the grounds of discrimination is unconstitutional.
In 1948, The California Supreme Court ruled that interracial marriage bans violated the Fourtheenth Amendment via Perez v Sharp:
The court held that marriage is a fundamental right and that laws restricting that right must not be based solely on prejudice. The court held that restrictions due to discrimination violated the constitutional requirements of due process and equal protection of the laws. The opinion voided the California statute, holding that Section 69 of the California Civil Code was too vague and uncertain to be enforceable restrictions on the fundamental right of marriage and that they violated the Fourteenth Amendment by impairing the right to marry on the basis of race alone.
In 1967, the case of Loving v Virginia (a landmark case which saw the final demise of antimiscegenation in the US) a similar ruling was delivered:
Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.
There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification. The fact that Virginia prohibits only interracial marriages involving white persons demonstrates that the racial classifications must stand on their own justification, as measures designed to maintain White Supremacy.
In June 2007, Mildred Loving issued the following statement:
Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don't think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the "wrong kind of person" for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people's religious beliefs over others. Especially if it denies people's civil rights.
I am still not a political person, but I am proud that Richard's and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That's what Loving, and loving, are all about.
The Misinformation:
The proponents of Proposition 8 made the following claims in relation to gay marriage and the recognition of it by the state:
- If gay marriage is recognised, children will be taught about homosexuality in schools.
- Religious insitutions will lose their tax exempt status for refusing to perform homosexual marriages.
- People or religious officials may be legally prosecuted for holding anti-homosexual beliefs.
I would just like to systematically debunk these horribly misinformed opinions.
- FALSE. Proposition 8 does not address the issue of education and California law allows for parents to forego any lessons or classes regarding health, sex or familial matters which they do not want their children learning.
- FALSE. The Supreme Court ruled in favour of gay marriage and specified that no religion will be required to change its policies with regards to same-sex marriage nor will they be required to solemnise a marriage if it goes against his/her religious/moral beliefs.
- FALSE. Unfortunately, anti-discrimination laws and Freedom of Speech permits people to hold their bigoted views.
Sectarian, Religious or Civil?
The truth of the matter is that gay marriage, and as an extension homosexual rights, are CIVIL issues. I repeat CIVIL. The Supreme Court ruled to recognise same-sex marriages as legal entities and bestow upon couples every single right and protection which marriages offer. This is completely separate from a religious marriage, and no church or institution was to be compelled to acknowledge it in a similar way.
There is no moral quandary to dwell over here. There is no need to consult a pastor. There is a separation of church and state for a good reason and the passing of Prop 8 saw that very line wither because people did not vote with regards to the legality of the matter. They did not vote after thinking about constitutional elements, or equal protection, or human rights. The vote was largely a sectarian one. You don't need to approve of homosexuality. You don't need to marry someone of the same sex if you do not wish. You do not need to host gay marriages in your church.
What you do need to consider however, is the rights and segregation of your fellow human being, of your neighbour, of your family. You need to ask yourself if it is correct to strip protection and rights from people who have no desire to undermine yours. Rights which are completely separate from your church. Wanting to maintain a tradition in your own congregation is one thing, enforcing an entire state to abide by your personal beliefs (or in this case, using that belief to take things away from minorities) is quite another.
Separate but Equal?
No. Always separate, never equal.
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