So, I posted yesterday’s blog, and then I realized, I have no idea what do blog about today. Noon came and went, so did 3 pm. Well, I guess I’ll just have to wing it. I KNOW! I’ll post something about Prop 8.
Opinions expressed on this blog are that of the blogger, and do not necessarily represent that of Dulles Triangles.
Now, in case you’ve been living in Antarctica for the past 2 years, back in 2008, on the ballot with the presidency was Proposition 8. Prop 8 was to overturn a previous California Supreme Court ruling that marriage was not solely available to straight couples. Gays should be able to get married also. when I first heard about it, I thought there was no way Prop 8 was going to pass. Unfortunately, I was wrong. Prop 8 passed by a slim majority.
Well, there was a ruling today. I know you’re on the edge of your seat, so, I’ll just go ahead and ruin the surprise. Prop 8 was overturned.
Now, this is both a good thing, and a bad thing, and I’ll show you why.
It’s a good thing because, yes, I do believe that any single consenting adult should be able to marry any other single consenting adult. I think when it comes to the state, what the people’s religion says should happen should be irrelevant. Marriage is a legally binding contract between two people. There is no sanctity of marriage. If there were, it would be much harder to get a divorce than it is now. Really, a no-fault divorce? Did the marriage come with a money-back guarantee? annulment? Does marriage have a 30 day trial period? Don’t get me wrong, there may be times when an annulment is warranted.
From the descriptions I’ve read, Prop 8 proponents not only had a weak argument, but they just didn’t have their heads on right. Shoddy evidence, witnesses who didn’t show, and just a really bad showing. However, the Prop 8 opposition were on target. Strong evidence, reliable witnesses, and a defendable position.
But, now I will tell you about the bad parts. This fight isn’t over. The pro Prop 8 side cried foul because the judge was gay. I think if it were really a problem, then they would have requested a new judge, or tried to kick him out. However, when it looked like they were losing, they started whining over conflicts of interest. So, now the case will be appealed to the 9th Circuit Court of Appeals. They are known as being pretty liberal, so that has a pretty good chance of standing. This means that it would go to the US Supreme Court. That’s when all hell is going to break loose. Conspiracy theories will abound, about the “gay agenda”, and how we need to recruit. If gays really did have a gay agenda, it would most like be to redecorate the public buildings, because they are SOOO last millenium. The idea that gays need to recruit uses circular reasoning. If no one is born gay, but they are recruited, then how did the first gay person turn gay? Before Gay 0, there were no gays to be recruiters.
But, the more frightening part of it, is how will the USSC rule? Right now, there is a 5-4 majority of liberals v. conservatives. However, once this works its way up, that may change, depending on how long it takes, and who is/has been the presidency. Now, if the ruling is for Prop 8, it can come in many forms. It could be as simple as “This Proposition does not violate the Constitution of the United States”, or it could be as far impacting as “Marriage is only valid between a man and a woman”. If that happens, you can pretty much hang it up. I’m not saying it will, but this is a BIG gamble. We have a lot to lose, but we also have a lot to gain. If and when it goes, will the USSC do what it has done in the past and issue a very narrow ruling, like in the last question about gay marriage it dealt with? Or, will it be a Lawrence v. Texas, where they strike down all of one side? That is uncertain, and uncertainty, to me, is scary.