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Posts Tagged ‘California Constitution’

Michael Chernis November 25, 2008 | 2:30 pm EST
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On November 5, a majority of Californians who went to the polls voted to pass the controversial Proposition 8 and deny homosexuals the right to marry. Prop 8 seeks to add language to the California constitution to make clear only marriages between a man and a woman would be recognized as legal. Prop 8 was a response to a decision by the Supreme Court of California earlier this year ruling unconstitutional a family law provision that contained identical language to Prop 8. Thus, Prop 8 supporters sought to go over the heads of the Justices and take it to the people to change the California Constitution.

Prop 8 has commanded a great deal of attention since Election Day mainly because of the public outcry that followed its passage, as evidenced by very vocal (and sometimes violent) protests in California. The reaction to the reaction has been very polarizing and perhaps counter-productive to opponents of Prop 8 seeking broad public support for their cause. Many Californians were outraged by the protests because it extended their commutes, while others were forced to question their stereotypes of gays as passive and weak (obviously not watchers of the L Word). It also has had the unfortunate result of feeding the lunatic fringe of social conservatives who were all too happy to refocus their anger on homosexuals as the greatest threat to our Country, a label they had unsuccessfully tried to stick to President-elect Obama. I actually heard a discussion on conservative talk radio to the effect that the gays would not stop with being able to marry one another, but actually wanted the ability to marry animals.  Oh that’s right, I remember hearing about that…something about animal husbandry. Maybe its time to apply an IQ test to voters, just to make sure they have one. But I digress.

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by  William Lucas Walker

I’ve made a short video, urging Californians to Vote No on Prop 8. I made it for my children. I also made it with the aid of a number of friends who let me photograph their sons and daughters, as well as a voiceover by my pal Amy.   So thanks.

Kelly and I were married on June 17 2008, after nine happy years together. Next to the births of our children, it was the most joyful day of our lives. For our 7-year-old daughter Elizabeth, it was the high-point of our family’s life. She was bursting with pride all summer. Until she heard about Proposition 8.

Our most compelling reason for choosing marriage had less to do with romance than with the benefits marriage would provide our kids. Not just the many legal protections marriage automatically confers on children, but the more real, everyday benefit of knowing that their family is equal, not in some different, lesser legal category than all their friends’ families.

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California’s Gay Marriage Ban was banned today by the California Supreme court! In the 4-3 decision, the court ruled that Proposition 22, a ban on gay marriage, is unconstitutional. This is great news for people who, you know, like, care about equal rights or whatever! Here’s why the court deemed it unconstitutional to tell people who they can and can’t marry:

In contrast to earlier times, our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation, and, more generally, that an individual’s sexual orientation like a person’s race or gender does not constitute a legitimate basis upon which to deny or withhold legal rights. We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.

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