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Saturday, November 8, 2008

The California Proposition 8 Kerfuffle

Obama and Biden announced that they accept the traditional definition of marriage as between a man and a woman but at the same time refused to support California proposition 8, effectively reinstating the traditional marriage. Ironically, an extraordinary black turnout in California for Obama, the overwhelming majority of which supported traditional marriage, carried the proposition, which had been trailing in some polls.

The basic history is in 1999, California established civil unions or domestic partnerships for same-sex couples, and proposition 22 in the 2000 election (for which I personally voted while living in Santa Clara) formally defined marriage as between a man and a woman. On May 15, the California Supreme Court ruled 4-3 that the marriage definition violated the equal protection clause of the California constitution for same-sex couples. Proposition 8 served to overturn the alleged new right for same-sex marriage.

This has led to angry protests in reaction to what same-sex marriage proponents say is instituting "discrimination" into the Constitution. Several groups are filing legal challenges, and particular hostility is being directed to the Mormon church, which some allege has violated its special tax status for actively supporting the proposition. It would seem to me that marriage is a fundamental concept in a religion's faith and morals and the Mormon church has a clear First Amendment right to promote its beliefs.

The institution of marriage was developed primarily in context of natural procreation, something the California Supreme Court explicitly recognized in 1948. Incidental differences of a life partner, such as ethnicity or religion, are not logically equivalent to structural differences, i.e., gender. California law already provides a legally-protected status for same-gender couples.

The traditional English language definition/common law concept of marriage fundamentally traces back to Judaic-Christian roots: at a time when homosexual activities and partners were accepted in ancient Greece and Rome. For thousands of years same-gender partners have found ways to pursue their happiness without abrogating the heterosexual foundation of marriage.

There are no gays I'm aware of in my family tree, but with over 20 nephews and nieces, I've wondered what it would be like if any of them would "come out". I know I would love them just as our God loves them unconditionally. I also know what it's like to live a lonely life; I wouldn't wish that on them. I would hope that one day they would find someone whom finds in them and cherishes the same wonderful qualities I've known all their lives, for we would share that in common. And I would hope that others honor and respect the relationships of my relatives and their loved ones.