California Proposition 8
Only marriage between a man and a woman is valid and recognized in California. — Proposition 8
This is the exact text of the same law that was overturned by the California Supreme Court. Does successfully voting in an amendment that was previously declared unconstitutional somehow protect the amendment from being overturned again? I'm not certain, but the belief that the will of the people is superior to the law of the land certainly doesn't sound sensible, particular in a nation of laws.
If this proposition succeeds, the amendment is not afforded constitutional protection, and the amendment is overturned again, then would the reintroduction of this amendment simply be a wasteful exercise? I am inclined to view this proposition as a disservice to taxpayers, who seem to have been forced into paying for a vicious cycle during a period of economic turmoil.
The campaign, ProtectMarriage.com, argues that Proposition 8:
... restores the definition of marriage to what the vast majority of California voters already approved and what Californians agree should be supported, not undermined.
According to the campaign's own website, 61% of voters passed the same amendment into law in 2000. 61% of voters is hardly a "vast majority." This assertion might have fared better were they to claim that "3 out of every 5 voters in California supported this amendment."
That said, the referenced vote occurred 8 years ago. In the 1950s, young men and women in the United States were encouraged to leave home during their early 20s to make lives for themselves. Are we to assume that because a fact was true in the past that the same fact is true in the present? Perhaps that was the objective? Or perhaps this campaign is merely reflecting the obstinacy of the proposition's advocates.
... overturns the outrageous decision of four activist Supreme Court judges who ignored the will of the people.
Okay, the decision outrages the campaigners. Fine. Did the California Supreme Court act against the will of the people though? As far as I know, the California Constitution is a product of the people for the people. Defending the Constitution as the Supreme Court has done is an act in favor of the will of the people. Who comprises "the people of California" cannot be limited to a small segment of real activists.
... protects our children from being taught in public schools that “same-sex marriage” is the same as traditional marriage, and prevents other consequences to Californians who will be forced to not just be tolerant of gay lifestyles, but face mandatory compliance regardless of their personal beliefs.
Same-sex marriage is the same as traditional marrage because, traditionally, marriage is a contract, authorized as binding by the state, that recognizes an intimate bond between two individuals. That is what children and adolescents should be taught in public schools:
Marriage is not necessarily religious in nature. If religionists choose to marry a man and a woman in a place of worship under a god, then they should be free to do so. Likewise, others should be free to enter into any reasonable marital contract they so desire.
Furthermore, given that same-sex marriage is permitted in California now, the test of the validity of the "consequences claim" is easy: are Californians currently being forced to be tolerant of certain lifestyles? This campaign's existence answers that question!




Hey there! Just so you know, Prop 8 hopes to write into the California *constitution* that marriage is only between men and women. The California Supreme Court would be unable to strike it down, because they have to support the constitution. The Supreme Court has only struck down a section of the Family Code which insisted marriage be between man and woman. If Prop 8 goes through, then it will be constitutional to forbid same-sex marriage.
For more infos: http://en.wikipedia.org/wiki/Proposition_8
One note to keep in mind: Churches that refrain from marrying same-sex couples will NOT lose their tax-exempt status.
Ah, so that's the rub. Regardless of how the die is cast, I don't think the amendment would be the final word on the matter.
Hi. I've just read through this article and I have to say that I definitely agree with what you're saying. I actually found the same text on another website:
http://www.1man1woman.net/e1.html
Nice to know that someone's on the same page about this issue as I am.
If Proposition 8 is defeated, it will most likely be the end of the matter. The opponents of gay and lesbian marriage will not have any statewide options left. In addition, it is unlikely that they will receive help in restricting gay rights from the next congress. For those who want to get this over and done with, and who want to move on to other things that need attention in this country, a good way to do just that is to help those who are fighting against this proposition. You don't have to be a Californian to do that. All one has to do is go over to the Equality California website at http://www.eqca.org and make a contribution to their campaign to defeat Proposition 8, or Proposition Hate, as some have termed it. If it's voted down this time, it should settle this whole affair, once and for all.
RCS