Thursday, March 5, 2009

PROP 8 goes to COURT

I understand that many of you who read this Blog do not support Gay Marriage. Regardless, the issue is NOT about being Gay or being married. The issue is about equality and civil rights. Today the California Supreme Court in San Francisco began hearing the legal arguments regarding the passing of Prop 8. In my view this will be a landmark decision on two levels.

First, it is about the right of citizens to change the state constitution by a public referendum only requiring 51 % of the vote. It could be argued, and will be argued, that 51% of the voters COULD vote Hispanics or Asians or Blacks or Women out of the state. Or, take away their right to vote or whatever. The Constitution was not set up to be modified by popular vote in the same way you vote for American Idol. Moreover just because 51% of the voters say anything does not make it legal or right.

Second, the equal protection provision of the US Constitution says that everyone must be treated in the same manner. To that end, everyone is allowed to get a marriage license but some are restricted and that is unfair. This was the case when the laws were changed to allow inter-racial marriage. I can remember when Black guys could not marry white women. Tell that to Seal. Well those laws were struck down and in much the same way Prop 8 is doomed.

Finally, who cares who marries anyone. Why should I or you care if other people want to be happy or in love. The law does not require churches to marry Gays. It only allows for the license to be granted.

Pam and I worked hard to tell everyone "NO on H8". Now the next phase has begun.

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