... caring, compassionate, tolerant ones, and Californians.

THE VERY concept of Proposition 8 amazes me: its aim, stated bluntly, was to strip the rights and privileges away from a targeted group of Americans. I can’t imagine what it would feel like to have a majority of my peers agree to do this to me, but I imagine I would be very hurt and angry. In my eyes, this is akin to deciding one day that women shouldn't be allowed to vote anymore or that Blacks can no longer drink from the White man’s water fountain. The next most similar example is probably our policies towards illegal immigrants (many of which I also perceive to be civil rights violations) but regardless of one’s position on those, it is inarguable that Prop 8 was aimed at people who are as American as we are.

Some proponents of 8 argue that allowing gay couples to wed makes “a mockery of marriage” or in some way cheapens it for the rest of us. This claim seems ridiculous to me; Elizabeth Taylor has made more a mockery of marriage than any homosexual I know. Indeed, it might not be an unreasonable suggestion to simply remove the right to marry from anyone who has done so multiple times. If you’ve already failed at being married - say, twice - and want to do it again, you’ve made a mockery of the institution in my eyes and shouldn’t be allowed the privilege. No, really - I honestly believe this. I just know better than to try and legislate it.

The 14th Amendment, section 1, promises that no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. I don’t feel it’s a terrible stretch to imagine that these definitions of “liberty,” “due process,” and “equal protection” are meant to apply to gay Americans the same as anyone else.

In fact, Meyer v. Nebraska (1923) concluded that liberty “denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.” (see http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=262&page=399 ).

It has nevertheless been argued that Proposition 8 was merely a “correction,” since Proposition 22 (defining the union of man and woman as the only valid form of marriage) was passed by a majority vote in 2000. It was a four-to-three decision by Supreme Court Judges in May of this year that overturned that, stating that all laws directed specifically against gays and lesbians were “subject to strict judicial scrutiny” and that marriage was a fundamental right under the California Constitution (see re Marriage Cases, http://www.courtinfo.ca.gov/opinions/archive/S147999.PDF). Proponents of 8 say, “see? The people spoke, but then a very biased set of judges decided it was okay for them to change things.” Well, you know what? That’s exactly what I hope my Supreme Court judges do. When they see a civil rights violation, they move to correct it.

Take the following example: In 1958, a White man and a Black Woman were married; shortly afterwards, a grand jury issued an indictment charging them with violating Virginia’s ban on interracial marriages. They plead guilty and were sentenced to one year in prison, but the trial judge offered that they might forgo this punishment if they simply left Virginia and not return. He said,

“Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with His arrangement there would be no cause for such marriages. The fact that He separated the races shows that He did not intend for the races to mix.”

This sounds suspiciously familiar: simply replace the races with the genders, and voila! We have the familiar argument that God meant for men to marry women, and but for the interference with His arrangement, there would be no cause for such marriages. Furthermore, had someone taken a popular vote at the time, they would have had no difficulty passing a Proposition in Virginia stating that the only recognizable form of marriage ought to be between Whites. This, however, did not sit well with a couple of Supreme Court judges, who in 1967, ruled that this decision – and indeed, Virginia’s statutory scheme to “prevent marriages between persons solely on the basis of racial classifications” was “held to violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment.” I’m sure this upset a number of people at the time, and went against the popular sentiment, but it was clearly the right thing to do (see Loving v. Virginia, http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=388&invol=1http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=388&invol=1http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=388&invol=1). This decision was – amazingly – only 50 years ago now, but the people then were wrongheaded, uptight, and biased, and it required the unwanted interference of the law to contravene the people’s desires and set things right. I think you're smart enough to get the parallel.

Massachusetts, of course, has already legalized gay marriage. In 2003, their Supreme Judicial court ruled that their state Constitution "affirms the dignity and equality of all individuals" and "forbids the creation of second-class citizens." They felt that the state had no "constitutionally adequate reason" for denying marriage to same-sex couples on the ground of due process and equal protection (see Goodridge v. Department of Public Health, http://fl1.findlaw.com/news.findlaw.com/cnn/docs/conlaw/goodridge111803opn.pdf). This month, Connecticut will follow suit, having ruled in October that denying gays the right to marry was against the equality and liberty rules in the Connecticut state constitution, as well. I want no "second-class citizens" in California, either.

Since a number of Yes on 8! Proponents argue that there might be far-reaching repercussions should same-sex marriages be allowed in California, it would be interesting to look at the statistics regarding heterosexual marriage rates in Massachusetts since 2003; at this writing, the census information is available by written request (but not online). However, it is ethnocentric of us to forget that there are other countries than the U.S. in which same-sex marriage or partnership rights have existed for up to fifteen years. Studies regarding the impact of gay marriage in Scandinavian countries and the Netherlands, for example, have been conducted; one University of Massachusetts economics professor reports that previously existing trends in marriage, divorce, cohabitation, and out-of-wedlock childbearing did not change as a result. In fact, heterosexual marriage rates in Denmark increased after the adoption of same-sex marriage and are now the highest they have been since the early 1970s. Divorce rates remained the same in the countries studied. Further, the majority of families with children were headed by married couples (see http://www.contemporaryfamilies.org/subtemplate.php?t=briefingPapers&ext=SameSexMarriageEvidencefr, http://www.aclu.org/getequal/ffm/section1/1c13slate.pdf and http://www.nytimes.com/2005/06/19/magazine/19ANTIGAY.html?pagewanted=all). Belgium, Canada, Norway, South Africa, and Spain have all legalized gay marriage; I suppose the eventual long-range impact of this decision remains to be seen, but we have no evidence thus far that these countries are suffering as a result of it.

In my eyes, the bottom line is that it doesn’t matter what the repercussions might be. At one point in our history, the marriage of one black slave to another was not recognized - because they were lesser than us, we felt, and we had a right to decide whether or not their love for one another was sufficiently acceptable in the eyes of God (and Us). And I’m pretty sure that that’s wrong. We will not, I promise you, find ourselves in a world where everyone wants to be homosexual so desperately that human beings will cease getting married to members of the opposite sex and having children, thus threatening our very existence as a species. And short of that… I can think of no outcome that isn’t an acceptable consequence for providing equal treatment under the law. America isn’t nearly as overrun with destructive, lecherous, married Black folk as you might think.

It seems clear to me that what this eventually amounts to, when distilled to its most basic level, is an attempt to force one’s religious beliefs on the rest of society. I know that it is naïve to imagine that we live in a country where Church and State are actually separate, but such a separation is nevertheless a stated goal of our Constitution. Yet if we surveyed proponents of Prop 8, it seems clear that the main reasons for its support would be based in conceptions of God’s will. Indeed, the LA Times recently reported that some 43% of the funding for Prop 8 came from Mormon donators, at the strong urging of the Mormon Church (see http://latimesblogs.latimes.com/lanow/2008/10/now-the-mormon.html). So we have people making civil rights decisions and impeding upon the freedoms of others based upon their religious convictions. I understand that to some degree, it becomes impossible to separate one’s belief system from one’s decision-making process, but this instance is neither subtle nor unconscious in nature. The interesting thing to me about all of this is that people don’t have as firm a stance, as detailed a plan, or as vested an interest in how society ought to deal with the poor, the sick, or the hungry… yet there are hundreds of verses in the New Testament alone that explicitly talk about this. In contrast, there are only a handful of Bible verses that might conceivably be interpreted as relating in any way to homosexuality. So why is this issue at the forefront? And while people have ever pointed to the Bible as support for their discrimination against all sorts of groups of people, this is always the wrong decision. I am not particularly religious, but I believe an appropriate verse might be Matthew 7:4, “how wilt though say to thy brother, ‘let me pull the splinter out of thine eye’ when a plank is in thine own?”