Proposition 8

On the 4th of July in 1776 the Continental Congress issued the Declaration of independence and 13 colonies severed themselves from the British Empire.  The declaration contained some of the most potent and consequential words in American history:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

The founding fathers used these guiding principles to draft the American constitution and later amendments, seeking to build a nation free from oppression, bigotry, and hatred.  A country where all people have equal rights and privileges.

Future amendments to the constitution further refined the ideals, such as the 14th amendment which established the “Equal Protection Clause”.  It reads in part:

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…”

It’s sister, The Due Process Clause is also contained the the 14th amendment:

“No State shall deprive any person of life, liberty, or property, without due process of law.”

In November 2008 California was asked to consider proposition 8, which sought to change the Californian Constitution, adding a new section, which would read:

“Only marriage between a man and a woman is valid or recognised in California.”

Many organisations supported the proposition, including the Roman Catholic Church, the Church of Jesus Christ of Latter-day Saints, the Union of Orthodox Jewish Congregations of America, Eastern Orthodox Church, a group of Evangelical Christians led by Jim Garlow and Miles McPherson, the American Family Association, the oddly named Focus on the Family and the ironically named National Organisation for Marriage, as well as Rick Warren (pastor of the Saddleback Church).

The Mormon Church was heavily involved and issued a letter to be read out in every congregation within the State:

“Do all you can to support the proposed constitutional amendment by donating of your means and time.”

This resulted in over 45% of out of state funds supporting proposition 8 come from Utah. ProtectMarriage, the official proponents, estimate around half and of their donations and 80% of their initial volunteers were from Mormon sources.  All tolled the effort to ensure Prop 8 passed cost $40 million, which ultimately resulted in 52.24% of the electorate voting in favour.

So in 2008 the rights of some to choose who they can marry.  Their rights to life, liberty and the pursuit of happiness were impeded.

Kristin Perry, Sandra Stier, Paul Katami ,and Jeffery Zarrillo filed an official complaint on the 22 May 2009 and began an appeal.  On the 5th August 2010 United States District Chief Judge Vaugh R Walker handed down his decision which overturns the unconstitutional legislation enacted by California.

“Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate.”

and

“They provided no credible evidence to support any of the claimed adverse effects proponents promised to demonstrate. During closing arguments, proponents again focused on the contention that ‘responsible procreation is really at the heart of society’s interest in regulating marriage.’”

America was founded on the rights of the individual.  You cannot vote them rights away, even when then majority of citizens wish it.  In the judge’s 136 page ruling he systematically dismembers every objection raised to same sex marriage, stating:

“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite- sex couples are superior to same-sex couples.”

Once again discrimination and injustice against a minority of Americans has been righted.  This gives us all hope that the American dream first penned 234 years ago is not quite dead.

Everyone has a right to “life, liberty, and the pursuit of happiness”.  Everyone.

References

• Chief Judge Vaugh R Walker Prop 8 Ruling
• The Declaration of Independence
• The United States Constitution
• The 14th amendment