Prop 8: Here Come the Death Threats

No matter how loudly and often supporters of same gender marriage attack proponents of traditional marriage, the simple irrefutable fact is that same gender marriage and traditional marriage are not identical, and never will be.  Period.  Regardless of what happens in the California election. 

And no matter what proponents of traditional marriage say, opponents will scream its opposite.  I am amazed at the sheer volume of hateful and intolerant comments made by opponents of Proposition 8.  To me, this speaks volumes about where bigotry, discrimination, and hate truly exist – in the hearts of people who express themselves with such rage and venom, regardless of their political or sexual persuasion. 

So what really is the core issue?  Is it equal rights?  Is it social acceptance of homosexuality?  And what about the children?

Equal Rights

In the majority opinion written by Chief Justice Ronald George overturning the voter approved statute defining marriage as between a man and a woman, he stated that “California . . . in recent years has enacted comprehensive domestic partnership legislation under which a same-sex couple may enter into a legal relationship that affords the couple virtually all of the same substantive legal benefits and privileges, and imposes upon the couple virtually all of the same legal obligations and duties, that California law affords to and imposes upon a married couple.”

Furthermore, in that same opinion, he also wrote, "from the beginning of California statehood, the legal institution of civil marriage has been understood to refer to a relationship between a man and a woman . . . and the marriage statute adopted by the California Legislature during its first session clearly assumed that the marriage relationship necessarily involved persons of the opposite sex.”  Hmmmm . . .

The California Family Code, in Section 297.5, paragraphs a, b, and c (which are identical, except for the references in parentheses) clarifies the legal rights and responsibilities of registered domestic partners are entitled to in California.  “Registered (and former registered, and surviving registered) domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses (and former spouses, and a widow or widower).

California’s voter information guide contains arguments and rebuttals for both sides of the argument.  In the rebuttal to the argument in favor of Proposition 8, opponents wrote, “California statutes clearly identify nine real differences between marriage and domestic partnerships.”

What are these differences?  Be specific people, don’t just throw up a smoke screen, wave your arms, and cry foul.  If you want to solve the equal rights problem, say exactly what the specific needs are so that legislation can be passed that will provide the specific liberties being sought.  Equality California is a leading organization founded in 1998 to pursue equal rights for homosexual people in California.  The organization’s website states that, “In the past 10 years, Equality California has strategically moved California from a state with extremely limited legal protections for lesbian, gay, bisexual and transgender (LGBT) individuals to a state with some of the most comprehensive civil rights protections in the nation.  In the past decade, EQCA has successfully passed more than 45 pieces of civil rights legislation for the LGBT community – more than any other statewide LGBT organization in the nation.  Most sections of California law prohibit discrimination based on a long list of protected classes, including sexual orientation, gender and gender identity. LGBT Californians are protected from discrimination in securing employment and housing, accessing government services and participating in state-funded activities. LGBT people are also protected under the state’s hate crime law.” This organization, and many others like it, is not going to go away, so it is safe to assume that they will continue to pursue equal rights for LGBT individuals in California until true legal equality is achieved.  No problem.  It’s already in process. 

Social Acceptance of Homosexuality

Opponents of Proposition 8 claim that they are not looking for societal acceptance of homosexuality, they simply want homosexuals to be free to marry the person they love.  If true equality under law can be achieved for both traditional married couples and civil unions between same gender couples, and if there are only nine differences that remain to be legislated, then the discrimination argument can be resolved equitably in the near future.  Same gender couples can then truly receive all the benefits and responsibilities of traditionally married couples in every respect EXCEPT in name.  Will that be acceptable to the LGBT community?  If so, then let’s settle this mess and get on with other pressing business.  If not, then it reveals the lie about what is opponents of Proposition are really seeking - societal acceptance of homosexuality.  And on this subject, the people have every right to vote and determine what society should accept or not accept without being called a bigot or homophobe. 

Let the voice of the people decide!  But separate the two issues – equal rights and societal acceptance.  Opponents KNOW that if the issues were separate, they would FAIL.  Many people are just plain disgusted with and tired of hearing about gays and homosexuality.  They object to being told, “It’s going to happen now, whether you like it or not.”  Thus, opponents focus the spotlight on the “fairness” and “equality” arguments, and sweep the issue of societal acceptance under the carpet.  Yet the societal acceptance is insidious.  It has the real potential to create problems that are just beginning to be seen in places that have legalized same gender marriage. 

The Future

All over the Internet, you can read articles claiming that proponents of Proposition 8 are using scare tactics and outright lies about its implications on children to win its passage.  In researching this subject, I found that there have been many efforts over the years to pass California laws having to do with the promotion of homosexuality in our schools.  Some few have passed, but the majority failed.  I am surprised that few have publicly observed that the failure of most of these measures to pass was likely related to California’s recognition at the time that marriage was between a man and a woman.  In other words, that definition, which became California law when voters passed it overwhelmingly in 2000, was an important bulwark in the legal defense of striking down proposed legislation that would mandate same gender education of our young children.  That fence has been blown down now, as it were, by the May 2008 judicial fiat.  If Proposition 8 does not pass, will the proposals for new legislation mandating exposing our children to increased education about LGBT issues cease?  What does history already show?  Any rational adult will recognize that if anything, such efforts will ONLY INCREASE, and find greater likelihood of passage.  Scare tactics?  We are talking about the future of our children here. 

To those who say that children in schools will not be affected by the defeat of Proposition 8, I say, what makes you a prophet?  After the recent catastrophic global economic meltdown, former financial demigod Alan Greenspan has now admitted a fundamental error in his beliefs about the issue of deregulation in our banking and financial system that was a major factor in the economic collapse.  OOPS!  That mess has been totally devastating to millions of people, and will take years to clean up.  We are all affected, and will be for many years to come.  The multitudinous ramifications of legalized same gender marriage won’t be fully understood or visible for years, but by then it may be too late to prevent major problems that can affect everyone in California.  To even think otherwise is to be blind to real life.  Take a look at what is already happening where same sex marriage was legalized years ago, and you can see some of the harbingers. 

Discrimination, which is often used to mean unfair treatment of a person or group on the basis of prejudice, is wrong. But the word discrimination also means to discern qualities and recognize the differences between things.  By this definition, we all discriminate every day as a necessary part of making decisions.  And recognizing the qualities and differences between traditional and same gender marriage should not mean that we are all forced to equalize them.  Some allowances should be made for the differences.  In this regard, California already has the most tolerant and non-discriminatory laws regarding same gender couples that can be found anywhere in the U.S.  Proposition 8 will not change this.  If there are more laws that need to be passed to provide true equality, then let’s get them out in the open, deal with them, and stop the arm waving and name calling.  California has already proven that it is willing to provide equal rights. We can maintain this tradition without redefining marriage for everyone just because a tiny fraction of the population really, really wants to. 

I believe we need to be tolerant, respectful, non-discriminatory, sensitive, and loving towards those of same gender persuasion (see, no name calling or rage), but without accepting same sex unions as being socially equal to the institution of traditional male-female marriage.  That’s why I will vote Yes on Proposition 8.