California's Proposition 8

Proposition 8 was a piece of legislation formally called the California Marriage Protection Act which was an amendment to the Constitution of the State of California. The amendment was voted on and passed during the state elections of November 5th, 2008. The new legislation added to the constitution reads: “Only marriage between a man and a woman is valid or recognized in California.” The issue was prompted in May of 2008, when the California Supreme Court ruled that same sex couples had a right to marry one another according to the Equal Protection Clause of the Constitution of the United States. This overruled earlier legislation known as Proposition 22, which was in fact the same as Proposition 8, but was a part of California’s Family Code, and not written into the constitution. Because the Constitution was given precedence over the Family Code in the Supreme Court’s ruling, Proposition 22 was rendered obsolete. Many people who shared conservative views about the meaning of marriage took exception to that and took action to create Proposition 8.

There are a number of reasons why people supported Proposition 8. There was indubitably a measure of homophobia which influenced the result, but proponents of the revision focused their arguments on other issues. Those who supported “Prop 8” claimed that it was not hateful or discriminatory, and that it did not in fact take away the legal rights of non-traditional couples. This argument hinged upon California Family Code Section 297.5, which granted the same rights and responsibilities to civil unions and domestic partnerships as to marriages. The flaw in this reasoning is astoundingly obvious. By taking away a couple’s ability to marry, the state would be taking away one o...

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...ist then goes on to cite the research that it described as suffering from “serious methodological problems” for its next two points. The list points to low birthrates in countries where same-sex marriage is legal, as though it can prove in that way that allowing LGBT couples to marry decreases the number of children born in a country.

It is a real tragedy that the civil rights of a substantial group of people has been trampled upon by the passing of Proposition 8. When one looks at the reasons why people voted for it, pointless arguments taken out of context are seen. As was pointed out in many of the sources which I found on the debate about the revision, California wields a large amount of influence on how the rest of the United States, and by extension, the rest of the world views issues. It can only be hoped that that will not be the case in this instance.