Yesterday, a decision made by the California Supreme Court rocked the nation – or should have. The ramifications of this decision will be felt for a long time to come, especially if events continue as I think they will. What the heck am I talking about? Well, unless you live under a rock, you should have some idea. The California State Supreme Court yesterday threw out Proposition 22 after it was in place in California since 2000. Proposition 22 was huge because it defined marriage as between a man and a woman and stated that California would only recognize marriages between a man and a woman from other states.
In a state with as broad of a political spectrum as California – this was a very contentious statement. Orange County is one of the most conservative counties in the country. No joke. And then San Francisco and Berkeley are some of the most liberal cities in the country. A law like this caused a lot of debate. I’m not surprised that Proposition was both reviewed by the State Supreme Court and thrown out. What surprised me more was that it took so long to do.
There are the usual arguments, but I think the broader spectrum of this argument must be realized. Now that the California State Supreme Court has had its say, the next step is to take this to the US Supreme Court. Now, the thing is, a lot of people support a Constitutional Amendment banning same-sex marriage. Here’s the problem with that – the Constitution is meant to guarantee rights, it is not there to take them away from a group of people. An Amendment banning gay marriage is not only an abuse of the law, but a travesty against human rights. The only court that can now throw out this decision is the US Supreme Court. Interestingly enough, I believe the US Supreme Court, though conservative in make-up, has deliberately shied away from these hot-button topics. Everyone thought that when William Rehnquist died and Sandra Day O’Connor retired, the influx of conservative, Catholic justices would lead to the resurrection of debates on issues like abortion, the definition of marriage, the death penalty, etc. That hasn’t happened. The US Supreme Court has not addressed those issues and I think they will only do so when it becomes absolutely necessary to. As to what their decision would be if confronted with the decision made by the California State Supreme Court, I have no idea what they would do. It’ll be interesting/terrifying to see what happens.
For those who think there is a “Gay Agenda” (you know who you are) and that the only people who support this are part of some conspiracy – I am not gay, I don’t follow some agenda and I am not part of any conspiracy. I am enjoyably straight; I love men. This issue is a big deal for me because it involves the interpretation and the altering of the Constitution. Everyone wants to force their ideas on other people, but the thing is, we live in a society that must be as equal as possible in the eyes of the Constitution and the law. I’m not talking about a socialist state (NO SOCIALISM) – I’m talking about peolpe having the opportunity to life, liberty, and the pursuit of happiness. It’s when I see people living as citizens under the Constitution of the United States who are treated as second-class that I get really angry.
For those who think that gay marriage will destroy/has destroyed the institution of marriage – well, it isn’t gay couples who made the divorce rate 50%. It isn’t gay couples who get married in the eyes of whatever church and the state during a drunken run to Las Vegas and then break up after 3 months of marriage. And the thing is, for those who blame the “free love” movement (ie hippie movement) of the 1960′s for ruining the moral fabric of our society, here is another thought for you – maybe if people concentrated less on forcing their beliefs and views on others, and instead focused on living their own lives and trying to get along with other people, then maybe our moral fabric wouldn’t have so many holes in it. Allowing same-sex marriage does not infringe upon the rights of other married couples. I would argue that it solidifies the idea of marriage even more because it is not exclusive to a certain group of people.
As to the issue of religious belief: I don’t care what the churches say. As a religion, it is their right to deny a couple marriage. In fact, within the Catholic Church, a priest can deny any couple he feels is not ready to undertake the Sacrament of Marriage. Unfortunately now, I think that people are less willing to actually listen when a priest says you need to re-examine things, but that’s a whole other topic. But anyway, the last time I checked, there was no official religion of the United States. In fact, the First Amendment very nicely prevented that for the exact reason that is drilled into our heads in 5th grade US History class. The Founding Fathers were very aware of the fact that people came to the US to enjoy religious freedom. Throughout US history it has been like this. So, there is this nice clause in our laws called the “Separation of Church and State”. Just because a church says no doesn’t mean that the state has the right to say no as well. I will reiterate that I am a practicing Catholic. I go to Mass every week and I truly enjoy it. But I see no justification for forcing my beliefs on others.
There is an argument out there that tries to walk the middle ground and says that a union between gay couples can be called a civil union or whatever, and that a union between straight couples can be called marriage. They want to say that they don’t care what gay couples do – just don’t call it “marriage”. Well, that opens up a whole other can of worms, because then you get into an issue called “separate but equal”. Does that phrase sound familiar to anyone? If you don’t want to call gay marriage a marriage, then you cannot call ANY civil union a marriage. The term “marriage” should then be completely taken out of the law and relegated solely to the churches and their religions. Every union within the eyes of the state should therefore be a civil union. I’m totally fine with that, and if that gets the people who say “I don’t care what you do, just don’t call it marriage” off everyone’s backs, then fine, let’s do that. But I hope you realize how ridiculous that is. We have learned that the concept of “separate but equal” does not work in this society. We learned that lesson, oh, about 50-60 odd years ago. I think there would be less of an issue if married couples didn’t enjoy certain rights that non-married couples don’t enjoy. Marriage most certainly is an institution. There are certain things, like tax breaks, parental rights, death-bed rights, and inheritance issues, that clearly show discrimination if a couple, two consenting adults, want to have those rights afforded to them but cannot. It can be equated to the old laws which banned a Black man and a White woman (or vice versa) from marrying. If you allow your religious beliefs to blind you to these facts, then you are no better than those you claim are forcing their beliefs on you.
There is another issue involved here that I feel the need to address. 7 State Justices ruled on a Proposition voted for by California voters. This article from the Wall Street Journal says that the Supreme Court has no right to overturn something voted on by the public and that we should just wait for the democratic process to sort things out, citing Roe v. Wade as an example of what not to do. Well, sorry, sometimes it can’t work like that. The Supreme Courts, both Federal and State, exist for the express purpose that was put to use yesterday by the California State Supreme Court. The practice of judicial review (as I have stated in another post), is there in order to put a check on the government and keep it from allowing the will of the majority to bulldoze the rights of the minority. This is really important, here. The Civil Rights movement has shown very clearly how the will of the majority can trample over the rights of the minority. I see no real difference in this situation. The majority of voters did vote in Proposition 22, that cannot and will not be denied. However, as has been proven before and will be proven again, the Supreme Court is there to keep laws that blatantly violate peoples’ rights from staying in effect. That is why our government is a Democratic Republic instead of a true Democracy – to protect the rights of those in the minority. The minute the rights of the minority are ignored in favor of the will of the majority is the minute our nation’s infrastructure is destroyed.
I truly hope that this is a new turning point for the freedoms both enjoyed and abused by straight couples. Now, we can only look to the future and hope that it brings truly equal rights to all US citizens.
(I found this article called “Under God” that states very succinctly much of how I feel. Please read it for further reference.)