I was thrilled to hear yesterday's news: California's Supreme Court will indeed hear Prop 8. This thing is moving, and fast; the hearing is scheduled to begin in March. Both sides are required to submit written arguments to the questions:
1. Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?
2. Does Proposition 8 violate the separation-of-powers doctrine under the California Consitution?
3. If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?
The ruling will not only resolve the legal issues surrounding Prop 8, but will also decide whether or not existing gay marriages should be terminated.
So far, there is no telling which way the court will lean.
Now, I marched against Prop 8, I spoke out heavily against Prop 8, I believe Prop 8 is ridiculous, but this is my secret: I'm not sure how I feel about reversing Prop 8.
I'm a terrible gay person, I know.
One side of me say YES, Proposition 8 is ridiculous and absolutely denies rights to 7% of taxpaying Californians. I do believe this with all of my heart. I refuse to accept anything less than equality, I refuse to be second best. However...
The other side of me say, Really? Is it okay to go against the votes of the American people? This is a country founded on Democracy, and the people have spoken.
I have no doubt that we will win the right to wed in California, and then in the rest of the United States. History is in our favour; California's 2000 Proposition 22, defining marriage between a man and a woman, passed overwhelmingly 61.2 to 38.8 percent. Eight years later, Prop 8 passed a much smaller margin (52.2 to 47.8 percent). The next time this issue appears on the ballot, our chances will be even stronger.
Part of me would gay marriage to be legalized because the American public comes to the realization that gay people are, in fact, people, and are thus entitled to the same rights as heterosexuals.
I would not like to see Prop 8 reversed simply because I believe that the vote of the American people would then be degraded. I WOULD, however, like to see Prop 8 nullified on the basis that it violates separation-of-powers, because this is true.
So I don't know where I stand. I want marriage, I want equality, I want legislators to grant me equal rights. But I do not want the court to compromise democracy either.
**EDIT
LyricallyCharged left me this brilliant comment... I realize it's posted directly below but I wanted to incorporate it here also because I believe it answers my dilemma.
"I understand what you mean, but you have to understand this: sometimes the people (even the state) are wrong. Case in point: Plessy v Ferguson was a supreme case that said racial segregation was okay. There's the Dred Scott case which said that slaves could never be American citizens and basically reinforced the thought that slaves were property. Or even Pace v Alabama which said it was constitutional to not allow interracial couples to marry or to even have sex. (The Africana Studies major within me is spewing out cases, sorry for that.) Basically what I'm saying is that sometimes democracy doesn't do what's right for the people and that unjustice shouldn't go unnoticed just because the people voted for it."
She's absolutely right, sometimes the people are wrong, sometimes the majority is wrong. Let's hope California's justices can see past whatever religious biases may be clouding the minds of the voting public in order to issue a decree of fairness and justice.
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