twitter facebook stumble upon rss

Prop 8 Ruling -- for the Better!

sign up for the momlogic newsletter Tweet This

Robin Sax:On August 4, 2010, U.S. District Court Judge Vaughn Walker ruled that California's Proposition 8 violates the U.S. Constitution. Prop 8 was passed by Californians in November of 2008 and amended the state constitution to define marriage as being solely between a man and a woman. Walker sided with opponents of the November 2008 decision, which excluded gays from marrying in California. In his ruling, Walker said that Proposition 8 violates the equal-protection clause by denying gays and lesbians the right to marry a member of the same sex.

Same-Sex Marriage Supporters

The legal trajectory of same-sex marriage in California is very complex. In 2000, Proposition 22 (a.k.a. the "California Defense of Marriage Act") was passed; it added the following provision to the Family Code: "Only marriage between a man and a woman is valid or recognized in California."In September of 2005, the California Assembly voted to make same-sex marriage legal, but Governor Arnold Schwarzenegger vetoed the bill. In May of 2008, the California Supreme Court struck down the state's ban on same-sex marriage, but Prop 8 subsequently invalidated that decision. But now, with Judge Walker's ruling, we're back to gay marriage being legal in California. Confused yet?

All of this legal repositioning makes me think we are headed to a U.S. Supreme Court case. Opponents of Prop 8 have vehemently argued (and I agree) that same-sex couples should enjoy the same rights, privileges and responsibilities of heterosexual couples. This is a clear-cut civil rights issue. I say, let same-sex couples suffer the hardships of marriage, too! Come on, people -- it's absolutely ridiculous to say marriage is a "sacred" tradition in America.

More than 55 percent of marriages in our country end in divorce these days (often, ugly and difficult divorce). Opponents of gay marriage say, "California's constitutional marriage amendment exists to strengthen society, encourage monogamous and loving marriages and provide the optimal environment to ensure the well-being of children." But how in the world does discriminating against a specific group make anyone's marriage stronger?!

California and many other U.S. states are so behind the rest of the world on this issue. Our neighbors, the Canadians, legalized same-sex marriage in July of 2005, and the practice is also approved in the following countries: Argentina, Belgium, Iceland, Netherlands, Norway, Portugal, South Africa, Spain and Sweden. Washington, D.C., Connecticut, Iowa, Massachusetts, New Hampshire and Vermonthave legalized marriage for same-sex couples, too.(So far, same-sex marriage is recognized but not performed in Maryland, New York and Rhode Island.)

As reported in the San Francisco Chronicle, Judge Walker is gay himself -- but that should have nothing to do with the ruling. As a lawyer, Walker represented the U.S. Olympic Committee in a suit seeking to prohibit a group from using the term "Gay Olympics."

Pro-gay-marriage activists include Steve Spielberg, Brad Pitt, Levi's CEO John Anderson and many others. Some churches oppose same-sex marriage, yet some, such as the Unitarians and the Metropolitan Community Church, bless gay marriages and perform commitment ceremonies. The Catholic Church forbids it. But it shouldn't matter either way: Separation of church and state is a core tenet of the Constitution, and the issue of gay marriage is a Constitutional, not faith-based, one.

Some anti-gay-marriage activists talk about the effect gay marriage will have on kids. I can't understand their arguments whatsoever. In my view, preventing a loving (same-sex) couple from making a legal commitment to each other can only hurt their children. I have seen firsthand (and statistics also show) that same-sex couples raise wonderful kids who love their two moms or two dads just the same as any kids love their parents. As a prosecutor, I have seen many troubling family situations occur in heterosexual marriages: domestic violence, violent custody battles, abuse in the home and many other terrible circumstances.

I have never seen a situation wherein two loving people (of any gender) wanting to marry and make a life together could possibly hurt their kids. If all of the anti-gay-marriage activists would refocus their energy to help keep our kids truly safe (from sexual assault, abuse, abduction, domestic violence -- across our state and country), then we would truly be serving our children and the next generation. In many ways, same-sex couplehood reminds me of how converts from one religion to another treat the sanctity of their new religion. In my experience, it's usually the people who choose parenthood, overcome obstacles and work for their rights who end up being the most fit, involved and effective parents. Protecting the civil rights of all Americans also strengthens our families. I hope that Judge Walker's ruling has helped to resolve this issue once and for all ... but judging by the history of California, we are probably not quite done with it yet.

Whatever ends up happening in the future, the time has come for us all to accept that gay couples are couples. There are two-mom families, two-dad families and many other combos out there. Let's use this historic moment to embrace our differences and teach our children not to hate, but to accept!

next: Gisele Is the World's Smartest Breastfeeding Supermodel
163 comments so far | Post a comment now
watercooling March 2, 2011, 12:46 AM

Whats up! You some sort of professional? Nice message. Are you able to tell me how you can subscribe your weblog?

how to win your ex back March 3, 2011, 7:41 PM

I truly appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thank you again

Aquarium einrichten March 3, 2011, 10:36 PM

I would like in order to thank you for the actual efforts you get in composing this article.

Delicia Sondrini March 5, 2011, 12:45 PM

Thank you for your wonderful article! It has been extremely helpful. I hope that you will carry on sharing your knowledge with us.

vigrx March 6, 2011, 7:26 AM

What youre saying is completely true. I know that everybody must say the same thing, but I just think that you put it in a way that everyone can understand. I also love the images you put in here. They fit so well with what youre trying to say. Im sure youll reach so many people with what youve got to say.

Kristie Masaracchia March 6, 2011, 2:01 PM

I am not so ingenious to be smart to dash off awesome stuff like you do but I am trying to pay it back so hoepfully this will present you a idiotic grin or make you burst with laughter or at the very least give you a thought for the day? : Windows 3.1 not found: (C)heer, (P)arty, (D)ance?

Tayse Signature Rug 6743 Black March 6, 2011, 11:33 PM

Is it okay to insert a portion of this in my site if I submit a reference to this web page?

website design company March 7, 2011, 10:42 AM

Thank you for some other informative web site. The place else may I am getting that kind of info written in such a perfect way? I’ve a venture that I’m simply now operating on, and I’ve been at the glance out for such information.

improve hearing March 7, 2011, 9:13 PM

Keep functioning ,terrific job!

medical tourism middle east March 8, 2011, 9:44 AM

Thank you for being my personal coach on this niche. We enjoyed your article quite definitely and most of all favored how you handled the issues I widely known as controversial. You happen to be always really kind to readers much like me and help me in my living ;)

mortgage refinance March 9, 2011, 3:46 AM

I like the dear information you be offering in your articles. I will be able to bookmark your weblog and feature my children test up here generally. I am reasonably positive they’ll be informed quite a lot of new stuff right here than any one else!

sexe gratuit March 9, 2011, 11:57 AM

Peculiar this submit is totaly unrelated to what I was looking google for, but it surely was once listed at the first page. I suppose your doing one thing proper if Google likes you adequate to place you on the first web page of a non similar search.

2 girls 1 cup actual video March 9, 2011, 1:10 PM

I am really glad I’ve found this information. Nowadays bloggers publish just about gossips and internet and this is actually irritating. A good web site with interesting content, that is what I need. Thanks for keeping this web site, I will be visiting it. Do you do newsletters? Can’t find it.

nem alici March 9, 2011, 8:31 PM

Hello, i cant find your twitter account on site, can you send, i want became ur follower in twitter

benefits management March 9, 2011, 9:03 PM

Im getting a javascript error, is anyone else?

web hosting reviews March 10, 2011, 6:08 AM

Good write-up, I am regular visitor of one’s web site, maintain up the excellent operate, and It is going to be a regular visitor for a long time.

vimax March 10, 2011, 7:55 AM

I must admit that this is one great insight. It surely gives a company the opportunity to get in on the ground floor and really take part in creating something special and tailored to their needs.

MAC Bethlehem March 10, 2011, 1:35 PM

The format of the web log seems to be rather funky to me, i’m using the newest build of IE together with default configurations on 800 resolution. There’s good quality stuff here, just hard to read!!

כיום מתמחה י . קמפף במתן פתרונות למגוון דרישות, כמו חדרי ארונות ופתרונות שינה מומלץ!

vimax March 11, 2011, 5:49 PM

I admit, I have not been on this webpage in a long time… however it was another pleasure to see It is such an essential topic and ignored by so numerous, even professionals. I thank you to help making people more aware of possible issueExcellent stuff as typical.

Back to top >>