Bio
I write Stirrup Queens when I'm not reading other people's blogs, cooking, or chasing after my twins. I'm the author of two books: Life from Scratch,...
 
 
 
 

What’s Hot on BlogHer.com

Recent Comments

Why You Should Care About Proposition 8

  • Share This Post
  • submit
  • 5
  • Sparkle (
    )
     

Hi, I'm just your average straight woman living across the United States in suburban Maryland and I care about California's Proposition 8. Enough to write about it, enough to donate money to help ensure that it doesn't pass, enough to ask you to do the same.

Why?

Because it's not truly about watering down the definition of marriage or what they may or may not teach in schools or same-sex relationships. This is about discrimination against a group of people.

For 2 1/2 years on my blog, I've played with the word inclusivity. Did you know this word came into the lexicon in 1939? I can't think of a less inclusive time in world history. How many dozens of countries participated in a war which at one root was about the desire to discriminate? And yet we created this word--inclusivity: the quality or state of being inclusive. It probably won't surprise you when you consider humanity's long and sordid history of discrimination to discover that the word exclusivity was invented first thirteen years earlier in 1926.

I strive for inclusivity because I can. Because I'm a human being and I can choose how I treat other people. We've taught our twins, "we want you to be kind because you can be and not mean because you can be." Because the power is always in their hands--how they'll treat another person, how they'll make another person feel, and how they'll give respect to all people and animals.

What do we teach our children with Proposition 8? That it's okay to change the Constitution if you feel like discriminating?

Proposition 8 is an initiative on the California ballot which is titled: "Eliminates Right of Same-Sex Couples to Marry." The goal of the proposition is to change California's Constitution to remove the right of same-sex couples to marry and state that the only marriages recognized occur between a man and a woman. Yes, progressive California, the same state that struck down a 1948 law that would ban interracial marriage (the first time this was ever done in the US) is now moving to remove rights and ban same-sex marriages.

Why now? Well, this has been an ongoing battle in California, but the California Supreme Court ruled that Proposition 22 (remember that one, back from 2000?) was unconstitutional this past May. Proposition 22 stated that a marriage is between a man and a woman and the Supreme Court ruled that it violated the equal protection clause in the Constitution. In other words, the California Supreme Court whose job it is to uphold the Constitution of the state looked at the fact that a group was being singled out and having laws created that removed their rights and they said that it didn't honour the rules and principles decided upon by the people of California.

Here's the thing: you can't say you don't want discrimination and then have discrimination.

So, the point of this amendment is to change what the Constitution says. If it passes, the first Article will have a line that goes between the equal protection clause and the nondiscrimination in business clause that would read:

Only marriage between a man and a woman is valid or recognized in California.
 
In other words, pay no attention to that part in the Constitution that states: "A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens." Or to the 14th amendment to the United States Constitution that states on the Federal level:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Frankly, this vote in California scares me.

Because once you start down that slippery slope of saying a group isn't protected under the Constitution, it opens the door for other groups to be discriminated against. And people have fought too long and too hard to have equal rights given to all citizens in America to move backwards towards restricting rights.

But what about civil unions? Why does it have to be marriage?

I'm glad you asked.

Marriage is recognized across state lines. In other words, even if my state has these marriage laws and your

  • 5
  • Sparkle (
    )
     

Comments

Post comment as twitter logo facebook logo
Sort: Newest | Oldest
sregw 5 pts

Hi, saw this post from Google.  To cut it short, where do you draw the line in supporting all different kinds of marriage?  I.e. not to "discriminate", will you as well agree to marriage based on incest and polygamy?

Lesbian Dad 5 pts

Thank you, Melissa, for writing about how all this affects YOU.  And thank you for breaking it down so clearly. 

The real slippery slope is not that folks will start marrying their goldfish, or their pygmy goats, or what have you.  We don't have over 2,000 years of history of loving partnerships between people and their goldfish, or their pygmy goats (aaak!  and if so, I'm not sure I want to hear about it!).  

"I never want my rights removed which is why I don't remove the same rights from others." 

Amen.  The real scary slippery slope is, as you say, that if this right is revoked, what's next?  

Thank you. You and Pastor Niemöller: 

"In Germany, they came first for the Communists, And I didn’t speak up because I wasn’t a Communist;
And then they came for the trade unionists, And I didn’t speak up because I wasn’t a trade unionist;
And then they came for the Jews, And I didn’t speak up because I wasn’t a Jew;
And then . . . they came for me . . . And by that time there was no one left to speak up."

drudolph 5 pts

Thanks for this, Melissa. It's also worth noting that Florida's Prop 2 and Arizona's Prop 102 also seek to do the same thing as California's Prop 8: make marriage of same-sex couples unconstitutional. California does stand out, however, in that Prop 8 would remove rights that citizens already have.

On a related note, Arkansas' Initiated Act 1 would bar unmarried cohabitating couples--including, by definition, all same-sex couples--from fostering or adopting children.

I've done a post myself on things people can do to help "stop the props ( http://www.blogher.com/10-things-you-can-do-stop-p... )," FYI.

Mombian: Sustenance for Lesbian Moms
http://www.mombian.com

Lisse 5 pts

Codified discrimination has no place in a free nation.

 -Lisse

@ Home in the World ( http://homeintheworld.typepad.com )

LizzieH 5 pts

What a great post, and I love how you brought it around to being about children in the end.

But just a little clarification.  I live in Massachusetts, where same-sex marriage is legal (and so far the sky has not fallen...), but because same-sex marriage is not recognized at the federal level many of the benefits and protections you cite for supporting marriage over civil unions are not available in reality.  There have been legal battles brewing over whether other states have to recognize same-sex marriages performed in MA - for example, a same-sex couple who marries in MA and then moves to another state and then files for divorce.  Married same-sex couples in MA can file joint state tax returns, but they must file as single on their federal returns - which means they have to do a "mock" federal form in order to get the right amounts to transfer over to the state form, and then do real federal forms to actually file.  And I'm not sure if a surviving same-sex spouse would be able to collect social security benefits, but it wouldn't surprise me if they couldn't.

We seem to be slowly moving in the direction of less discrimination in this area, but unless we fight discrimination at the federal level we are not going achieve true equality for all. 

--Liz 

I blog about creating a life worth living at:  inventingmylife.blogspot.com ( http://www.inventingmylife.blogspot.com/ )