Thursday, September 25, 2008

Proposition 8: Eliminates Right of Same-Sex Couples to marry. Initiative Constitutional Amendment

Yup, today we’re discussing gay marriage: Proposition 8 of the 2008 General Election to be exact. As a Bay Area resident my entire life, I have grown up with a very pro-choice and liberal mindset. I believe and support same-sex marriage wholly. Just as I talked about the ” Legality of Assisted Suicide”, everyone has the freedom to do what they desire. If any two people want to get married they should have the right to.

So first, to briefly explain why I am picking this topic. It was another boring school-day evening. No homework left to do, no need to study for tests, and way too scared, and perhaps a little bit lazy, to study for the dreaded SATs. So I took a walk toward the living room and turned on the television for the first time today. Sitting on the coffee table, was a copy of the General Election Voter Information Guide. I have been somewhat waiting on this for awhile, and always enjoy having all my necessary information in one convenient location. I flipped open to the table of contents, and scanned the propositions. My eyes fell on 8 at the sight of same-sex couples and thought to myself: this will be an interesting read.

The Background. I know that earlier this year, California Supreme Court had ruled the rejection of same-sex marriage as illegal. Cool, all done. But wait.. no? Next comes the Proposal, wtf this thing is about.

“This measure amends the California Constitution to specify that only marriage between a man and a woman is valid or recognized in California… individuals of the same sex would not have the right to marry”

Now my first reaction: fuck you. People should be allowed to marry no matter what. The second reaction: what the heck is Congress even able to do this? Since when can Legislature write a law that overrides the court’s judiciary interpretation of the Constitution? Congress writes laws; the Courts say whether or not it’s legal. If the Courts say it’s illegal, how can congress simply write it over again? A puzzling question, one I will attempt to ask my government teacher. Ms. (Mrs.? god I hope not) Langendorf tomorrow.

Another amusing note, as I go along my reading in chronological order. I guess each proposition listed in the information guide must have a fiscal effect. So how would same sex marriage affect the economy? I’ll show with mathematical proof:

same sex marriage == total marriages ++ == total weddings ++ == sales tax ++

lulz..

So going on to arguments. Perhaps I was really naïve about this before, but I learned something really important while reading the arguments. It was brought up in the argument in favor of the proposition: “Under California law, “domestic partners shall have the same rights, protections, and benefits” as married spouses (Family Code 297.5)”. This was groundbreaking for me. I have been thinking throughout the whole conflict between same sex marriage that same sex couple would not be able to enjoy the legal benefits that opposite sex marriage had. This included this such as, custody of children, inheritance, legal disputes, etc.

I went and read the actual Family Code, and it is indeed what it state. So if a “domestic partnership” shares the same legal benefits as “marriage”, then the real dispute on which Proposition 8 argues for, are the social connotations. The argument really rests on: same sex couples merely want the title of “marriage”; those opposing same sex marriage merely wants to protect their definition of the word “marriage”.

I came into blog, attempting to fight valiantly for same sex couples and their push for the freedom of marriage. Now, I’ve come to learn that this whole fiasco is merely a fight for a damn title. Same sex couples have their legal equality; if you guys want to waste more government money arguing over what it’s all called, then go right ahead. I’m out of this argument.

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