Prop. 8 Court Ruling

As much as it depresses me to say this, I certainly agree with the ruling of the California Supreme Court that Proposition 8 was a legal proposition under CA law. I wish that the court had had the power to strike down Prop. 8 and return California to those ever so brief times of marriage equality, but by following proper judicial protocol and ruling on the case on its specific merits (whether the subject matter qualified as a proposition), not on the moral feelings of the court.

Seems to me this ruling might even help the marriage equality movement in the long run, as some charges of morality-based judicial activism may no longer hold water...

For those of you who, for some reason, have the desire to read any or all of the decision in its entirety, the document is here

Prop 8 REDO

Proposition 8 became the biggest controversial proposition of them all and has finally made it to the supreme court. The court hearing will be set for a date at the beginning of march in San Francisco. Propostion 8 declares that marriage is only valid between a man and a woman but protesters argue that it violates their rights in the constitution to marry the partner of ones choice and discriminates agains sexual orientation.
Opponents vote that the propostion is not valid because:
1. It eliminated "inalienable rights," those protected by the Declaration of Rights in the opening clause of the state Constitution, without a compelling reason.

2. It violated the constitutional separation of powers by stripping the courts of their authority to protect a minority group from discrimination.

Proposition supporters argue:
1. Restoring traditional marriage, and giving the right to domestic partners

The court has also heard from 63 organizations and individuals with an array of written arguments on legal, social and religious issues related to the case, about two-thirds of them opposing Prop. 8. The fight continues for equality in all sexual orientations and hopefully prop. 8 supporters will win their battle.

Race, Religion, Eight

Prop 8, the now infamous gay marriage ban, continues to cause controversy. Speculation reveals the role of Catholic Bishops and African Americans in contributing to passage of the bill, as reported by The Chronicle. While San Francisco houses many gay Catholics, and Catholic churches are friendly to gays, bishops continued to maintain traditional views on marriage, and were not afraid to share them with their congregations. Clearly San Francisco churches are not in accord with the times—while willing to accept gays in their congregations, they do not appear to accept their lifestyles. This would force many who have gay friends, whom they support, to choose between them and their church. A tough decision. Which leads to tension—the “teaching church and teaching bishops” and “faithful people with very strong personal opinions”; and leaves us with the question: “How do all those come together in a way that is fruitful and authentic?” It appears until there is a resolution to this, progress will remain stalled.

Although, Prop 8. started another form of progress. At a No on 8 forum, participants agreed that they will not allow Prop. 8 to create divisions among the African American community and the gay/lesbian/bisexual/transgender community. This is a good sign, when some feel that the result of a poll justifies blaming the African American community for the passage of Prop 8. This exit poll, produced by CNN said that 70 percent of African Americans had voted yes on 8. A No on 8 campaign worker noted that “In less than 24 hours, you had rampant reporting that African Americans voted yes on 8. You couldn't get away from it”. Despite such reports, most find that this “viewpoint [of voting yes on 8] wasn't reflected among...friends and associates”. In spite of this, others are willing to blame internal issues within the No on Prop 8 campaign itself for the defeat. Some said that the campaign was not culturally competent and that it should have extended into areas in San Fransisco and the greater Bay Area where there is a less friendly attitude toward gays. Despite all this, gay marriage supporters appear to be attempting to reexamine their strategies and work together—instead of pointing fingers—which can only be good news.