Today, the California Supreme Court upheld Proposition 8′s ban on gay marriage, but also ruled that same-sex couples already married will remain married under state law.
Proposition 8 passed with a 52% majority, overturning a previous ruling by the California Supreme Court last May to allow same-sex marriage. around 18,000 couples married before the ban were effectively left in limbo. This decision dictates the fate of those already married, which I’m grateful for.
This whole thing still seems ridiculous to me, though. Why shouldn’t gay marriage be legal? We always hear from conservatives claiming they’re “not homophobic” but just “don’t approve of the lifestyle,” or they prefer to “support traditional marriage,” but these arguments don’t explain how gay marriage will effect them. If you don’t like gay marriage, don’t have one! Why would you care if someone else does? What is it to you? To me, this all just looks like a thin layer of rationalization covering up plain bigotry — specifically, as the massive support from the Mormon church in the Prop. 8 campaign shows, religiously-motivated bigotry.
Beyond all this, though, there’s another aspect to this issue that I don’t think is discussed enough. In fact, I almost neglected to mention it, after reiterating my rant about gay marriage. One of the talking points of Prop. 8 supporters was that the “activist judges” had approved gay marriage against the will of the population. If you define the population as 52%, this is true. But since when do we deprive the rights of the minority based on the will of the majority? What if Brown v. Board of Education had been put to a vote?
So, this court ruling is a bit of a disappointment, even if it isn’t surprising. We all knew this court case was a long-shot. Worse, now there’s a precedent that rights can be taken away from a minority with a simple 50% majority vote. Looks like our only chance now is to pass a similar proposition reversion Prop. 8.
One thing I’m sure of, however, is that the opponents of gay marriage will be on the losing side of this fight. History has shown that those who oppose civil rights ultimately lose out. As the older generation dies out, support for gay marriage will increase drastically, and we (the younger generation) will all look back on this issue the same way we look back at the era of segratation in the deep south.
just shows how we’re moving towards a theocracy… bible bashers can do anything they want
Counter argument: You may call opponents of homosexuality bigots, but you in turn are bigots to those of that particular belief or those who perpetuate a certain faith, namely Christianity. On the subject of Civil Rights, The definition of: Civil and political rights are a class of rights and freedoms that protect individuals from unwarranted government action and ensure one’s ability to participate in the civil and political life of the state without discrimination or repression. In what way does proposition 8 hinder a homosexual’s civil rights? Your most likely answer: “They cannot marry whomever they may choose.” Rebuttal: No one person can marry whomever they like, if whom they like is of the same sex. I and a gay man have the same rights, he can’t marry a man and neither can I. The fact that a person is given special rights based on a lifestyle CHOICE (there is no scientific evidence to even suggest homosexuality is genetic or a naturally occurring development in humans) is ridiculous. Homosexuals, in majority, are asking for special rights, not equal rights. Another option for to amend this conflict is already present. This country is a republic, made up of many states with varying laws and practices. The point of a strong state government protected by a overshadowing federal government is to allow each state to rule itself and its people to deem what best suits their interest. If the people of California have decided by a majority (because 52% is still a majority and a majority matters on issues of lifestyle choice) that they do not wish to recognize homosexual marriage. The will of the people ought to be done as the rights of the minority, of life, liberty and the PURSUIT of happiness, have not been violated. As the minority you have the right to move out of that state to an area where the people have chosen to accept and recognize homosexual marriage, another fundamental freedom of the United States of America. As for “MadeinChina’s” comment of Bible bashers doing anything they like, the statement has no precedent. In fact “Bible basher’s” rights are being slowly dwindled away. Under the so called protection laws for homosexuals a pastor who has a devout and longstanding belief that God disproves of homosexuality can be sued for speaking publicly about said beliefs. The freedom to express ones religion or faith is limited in the private sector, so much that holidays once meant to celebrate a particular religious belief has been watered down so as not to offend or exclude others. The depiction of religious symbols on private buildings or residences is being scrutinized. And students in many states including Calif. are being forced to participate in “sensitivity training” which required them to practice certain aspects of religions other than their own or receive a failing grade. This country is moving in every direction but the way of theocracy.