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California's Proposition 8: Negating the Constitution and the Bill of Rights

by Raynie Andrewsen

Created on: May 26, 2009

If a man marries another man in a courthouse does it still affect the people who weren't invited? Gay marriage may not be socially acceptable to many but it is exactly the kind of bigotry the Constitution prohibits. Same sex marriage is considered a civil liberty, although a very controversial one. Proponents for the proposition want to stop same sex marriage because they believe it is immoral, that their children will be exposed to same sex marriage without their permission, and they believe that only they are entitled to the pursuit of happiness through marriage. They want to protect marriage as solely between a man and a woman as tradition has always dictated, with domestic partnership being the only right afforded to gay people who want to make a commitment. There are many people who believe that this intolerance is a violation of the rights of homosexuals. These proponents against Proposition 8 want to retain the judgment handed down by the California Supreme Court which over turned the previous Proposition 22 that banned same sex marriage.



So, is gay marriage immoral? One would have to refer to their own doctrine of beliefs. The Bible, which is the doctrine used by many Christians, speaks of homosexuality in an immoral sense. It was part of the downfall and eventual destruction of the city of Sodom. That is what the Bible teaches, if you believe it. What happens if you are not Christian or any other religion for that matter? What if you also happen to be gay? Should you be denied your right to happiness that is afforded any other person in the United States because of the beliefs of a group of people you do not associate with? If the world was a different place where homosexuals were the majority and they outlawed marriage for all the straight people maybe then these people would understand. They are simply two people in love who want to make a life long legal commitment to each other.

Since when is teaching a child solely a teacher's job? The people who want to pass a ban on same sex marriage want us to believe if we do not protect marriage that our children will learn about it in public schools. They want parents to worry that their children will be exposed to homosexuality as part of curriculum but that is not true. California has laws in place that protect parents rights concerning what is taught to their children, and the Department of Education's policy with regards to the teaching of sex topics allows for the parents to withdraw their child from that portion of the curriculum. Furthermore, the code states parents and guardians have the ultimate responsibility for imparting values regarding human sexuality to their children.

This proposition violates the civil rights of a group of people based solely on the beliefs of another group. It is no different than the discrimination faced by so many over the years which was based on color, sex, religion and now sexual orientation. Proponents for Proposition 8 want to protect marriage but whom are they protecting it from? To restrict gays to domestic partnership rights as a couple is blatantly discriminatory, while it affords some rights it does not grant right of survivorship as a true marriage does. To create a constitutional amendment prohibiting same sex marriage is an open invitation for discrimination from other groups.

Any form of discrimination is wrong. The Constitution of this country guarantees that everyone is created equal and entitled to the same things that equate happiness in every group. To deny two people who obviously love each other the right to marriage based on one group's beliefs is a direct violation of the laws we as a country hold dear.

Learn more about this author, Raynie Andrewsen.
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