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California and Gay Marriage                                                                                    

Posted at: Mar/05/2009 : Posted by: mel

Related Category: Society,

This whole issue frustrates me. First you have the 2008 California proposition with reverse wording where a yes vote is actually a no vote. Reverse wording has its place on SAT testing and such where you are challenging others to read and analyze all the content and effectively draw the right conclusion, but should never be used on a voting proposition. Ballots need to have clarity for all. Next is the issue of who paid for the campaign. One of the pillars of our democracy is the avoidance of a “National Religion” under the philosophy of “separating church and state” . This is clearly specified in the First Amendment of the United States Constitution. So if a religious organization is funding a proposition then that same organization is trying to create civil law specific to their aspirations, that is not separating church from state.

So where was the California Legislature? Under California law, the Legislature must approve proposed significant constitutional changes before they can go on the ballot. I think virtually anyone would agree this is a change to the California Constitution. In early 2008 the California Supreme issued decision a holding that denying same-sex couples the right to wed was an unconstitutional civil rights violation. Courts in America by their political impartiality have a long history of leading the charge on many civil rights issues. Despite the courts ruling this ballot proposition still appeared.

California courts have already recognized marriage as a fundamental right and gays as a minority group deserving of judicial protection, outlawing same-sex marriage is a constitutional breach. If this measure is allowed to stand then we have a precedent for the ballot being used to curtail the civil rights of one group in favor of the views, morals, and ideology of another. Kinda reminds me of all the hoopla 20 years ago over interracial marriage. If this restriction on civil liberties is allowed, where will this ultimately stop. This sure does not sound like the democracy I learned about in school.

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