PROPOSITION 8: Unfair and unconstitutional

With the U.S. Supreme Court overturning of the 2000 same-sex marriage-Propositon 22 ban in California in the spring of 2008, the legalization of gay marriage became a real possibility in this country-however, on Nov. 5, that possibility became yet another fight for equality.

The overturned decision, intended to solve the issue for good, just opened the door to Proposition 8 during a very important election year. The proposition is designed to amend the state constitution to redefine marriage as a union between a man and a woman.

After the overturning of the 2000 ban, same-sex couples began to get married and there were celebrations all over America because same-sex couples believed they finally had access to a right they deserved. According to The Los
Angeles Times, the 4-3 ruling declared that California’s Constitution equally protects a basic “right to marry” that includes same-sex couples.

Voted on Nov. 4, Proposition 8 passed and now same-sex marriage is outlawed in California, however according to ABC.com, the California Supreme Court will defend same-sex couples who got married before Proposition 8 passed.

While the people of California used the democratic process to vote on this issue, the idea of keeping marriage between a man and a woman is unconstitutional because it does not provide equal rights for everybody. It is unfair to every same-sex couple to tell them that they can have a “domestic partnership” but not get married. Proposition 8 should be overturned because it is a civil rights issue and is unconstitutional. Regardless of how people voted, Proposition 8 is discrimination against same-sex couples-many of whom are U. S. citizens and deserve the same rights as the rest of us.

According to CNN’s 2008 election exit polls, many of the people that voted “yes” on Proposition 8 are regular church-goers and actively religious people. Anybody should be able to vote based on his or her opinion, however, the passing of Proposition 8 has religious roots-another issue that makes it unconstitutional. Church and state should be kept separate.

Nobody has any right to tell another person they cannot marry a person of their choice-it is none of their business. It should be up to the individuals themselves. American culture and society should not be able to dictate who is eligible to have term “marriage” apply to them.

If America is really “by the people, for the people” then same-sex couples would not be discriminated against in a state constitution. Just because a person is of a different sexuality does not make them inherently wrong and we have no right to tell two people who are in love they cannot get married.

Many who make the argument in favor of Proposition 8 and against same-sex marriages say allowing same-sex couples to get married will “destroy the sanctity of marriage.” The divorce rate in America is at about 40 to 50 percent. Meaning half, or almost half, of the marriages in America lead to divorce. What sanctity of marriage? While many people do not look fondly upon divorce, it still happens and does so at an alarmingly high rate. A “sanctity of marriage” argument cannot be used if it is not valid.

According to ABC.com, the California Supreme Court will hear three lawsuits challenging Proposition 8. This is hopefully the first step to nullifying Proposition 8 and giving same-sex couples back a right they deserve and that should never have been revoked in the first place.