Protecting Marriage

So, here's the deal. There are some 36,000 people married (in pairs) in California since this past summer whose marriages some religious fanatics would like to annul* in the name of "protecting marriage". Unfortunately, these people tend to have no sense of irony at all. (Keep in mind that it's generally the same crowd who call abortion "murder", therefore worthy of the death sentence, a stance called "pro life". Go figure!)

This is, of course, only one development in the last few days in the battle over California's Proposition 8, the notorious [state] constitutional that tried to restrict the rights of a group of citizens of that state. Fortunately for the correct-thinkers, a number of people are beginning to see that this is a serious issue and–just maybe!–broader than "gay rights". Gosh, if you can restrict the rights of one group of people for no good reason, you could do it for any group of people. Who do you hate most this month? Immigrant Mexican children going to school for free? Chinese immigrants taking jobs from good 'mericans? People with dark skin clogging up the emergency rooms and not paying!

Does it sound possible that such a plebiscite might be unconstitutional? Just maybe? Well, the California Attorney General has just realized that it might be and has asked his state's supreme court to overturn prop 8.† Can we say "unprecedented"? I haven't had a chance to read his brief yet, but it's available from his official website: "Attorney General Brown Urges California Supreme Court to Invalidate Proposition 8".

Some highly non-ironic people are not going to be pleased by this development.
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* For the latest along those lines, see, e.g., "News: Yes on 8 Files to Nullify Marriages;Ken Starr Joins Team; Jerry Brown Tells Court to Throw it Out", Towleroad, 19 December 2008.

† See, e.g., "CA Attorney General Asks Court to Overturn Proposition 8", Box Turtle Bulletin, 20 December 2008.

Posted on December 20, 2008 at 20.38 by jns · Permalink
In: All, Current Events, Faaabulosity

2 Responses

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  1. Written by S.W. Anderson
    on Sunday, 21 December 2008 at 21.19
    Permalink

    Ah, Ken Starr, back after years of lying low, like a case of shingles. And just as welcome.

    Good for Jerry Brown. At some point, before being able to deny others' rights, the Prop 8 crowd should have to prove, have to demonstrate, real harm caused directly by allowing gays and lesbians to marry. I say that confident there's no way they can actually do that, because there is no harm.

  2. Written by jns
    on Wednesday, 24 December 2008 at 10.19
    Permalink

    I agree, of course, and your argument is strengthened since the CA Supreme Court recognizes gay people as a suspect class now, which extends strict scrutiny to those who would deny us common rights. This whole event has revealed some interesting things about the plebiscite process for amending constitutions, and it may turn out to be the one step too far by those who want to "protect" civil rights for certain people only.

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