Proposition 8

Gathered on the steps of the courthouse in California, people show their support for the lesbian and gay communities during the California State Supreme Court ruling on same-sex marriage in May of 2008.

Since the 1970s, gay rights have been among the top government hot-button issues. A major concern of the movement has been the legalization or nullification of same-sex marriage. California, one of the nation's most progressive states, has repeatedly been in the spotlight for controversy regarding same-sex marriage. In May 2008, the California State Supreme Court ruled to legalize marriage between two people of the same sex, thereby repealing Proposition 22; Proposition 22, which was on the 2000 ballot as the "Defense of Marriage Act," was ratified with a majority vote of 61.4% and deemed that marriage was the union between a man and a woman. Those opposed to legalizing same sex-marriage state that the ruling goes against the California Sate Constitution, which reads that "any law that discriminates on the basis of sexual orientation will from this point on be constitutionally suspect in California in the same way as the laws that discriminate by race or gender." Opponents of same-sex marriage drew up a proposition for the November 2008 ballot, Proposition 8. The Proposition changes the language of the California State Constitution on the issue of marriage, making the clause much more specific and less open to interpretation. The proposition addresses marriage by rewriting the California Constitution to read, "Only marriage between a man and a woman is valid and recognized in California."

As of November 4, 2008, Proposition 8 was passed in California, with 52.3% of voters supporting the measure. Multiple lawsuits were filed soon afterwards based on the debated constitutionality of the proposition. In the May 25, 2009, Strauss v. Horton ruling, the California Supreme Court deemed that Proposition 8 was constitutional. Because civil unions offer same-sex couples the same rights as married couples, same-sex marriage is not a matter of equal protection under the law. The 18,000 same-sex marriages that occurred before this ruling were found to legal.

On August 4, 2010, Federal Judge Vaughn R. Walker found Proposition 8 to be unconstitutional because it "prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis." Under this ruling, same-sex marriage is legal in California. Judge Walker has offered a temporary stay on the ruling however in order to access argument from Proposition 8 advocates. Therefore, until the stay is lifted, same-sex marriage cannot resume.

The Debates Surrounding Prop 8:

Following the California State Supreme Court decision to overturn "the people's vote" against same-sex marriage, there was a public uproar from voters who felt affronted. Advocates of the proposition argued that it would "restore the definition of marriage" to the traditional union of a man and a woman. The proposition, formally known as Proposition 8 - Eliminates Right of Same-Sex Couples to Marry was part of California's November 2008 ballot. Those in favor of Proposition 8 felt that the State Supreme Court, headed by what they called "four activist judges," wrongfully overturned the decision to put Proposition 22 into the state constitution.

The Proposition 8 activists argued that voting for this piece of legislation was not an attack on the homosexual lifestyle because it did not strip gay and lesbian couples of the benefits granted to those in a domestic partnership. Through the enactment of Proposition 8, three elements were guaranteed:

  1. In the state constitution, the definition of marriage was returned to the "traditional" wording, stating that marriage in California will only be recognized if it is between a man and a woman.
  2. The decision made by the California Supreme Court to recognize gay marriage, which overturned the wording voted in after the 2000 election, was reversed.
  3. Children attending public schools learn that marriage is only acknowledged as the legally binding union of a man and a woman. A major concern for those opposing same-sex marriage was the idea that teachers may be lawfully required to teach homosexual marriage as a legal and moral institution.

More can be found out about those in favor of Proposition 8 by visiting www.protectmarriage.com.

Those Who Oppose Proposition 8

Those in favor of same-sex marriage fight back against the onslaught of anti-gay activists, stating that the United States of America was founded on the principle that all people are created equal. Same-sex marriage supporters want these core rights to translate into the California constitution by not allowing any clause that singles out a particular group of people for different treatment. These advocates also draw upon California's constitutional clause on equal protection under the law for all, regardless of race or gender.

Activists also state that denying gay and lesbian couples the right to marriage is in turn refusing those couples the same respect and dignity that marriage entitles two people seeking the title of "married." Many also argue that it is a freedom of a citizen of the United States to chose whether they want to marry their significant other or not. By enacting Proposition 8, homosexual couples are declined a freedom that all other Americans are allowed.

The underlying argument for those opposing the ratification of Proposition 8 is that all groups, gay or straight, are seen equally under the same laws, and that no group of Americans should be denied the fundamental rights that are stated in both the state and national constitutions.

For more information on the opinions of those who are against Proposition 8 visit www.noonprop8.com.

References

Created November 5, 2010