Monday, November 10, 2008

Singing The Prop 8 Blues

Well, just in case you've been hiding in the caves with Bin Laden, Prop 8 passed and the people of California have changed the state constitution to enshrine a definition of marriage that removes the rights of same-sex couples to marry. When others were spouting early polls with glee that it was losing I was hesitant to join in. I guess I have been a student of politics too long and had paid attention to what was going on to jump to the conclusion that the proposition would lose. Sadly I was right. The ads promoting Proposition 8 were far too effective on an electorate that was not politically aware. Add to this the way the vote worked (voting for Prop 8 meant gays could no longer marry most likely did work on some... I have anecdotal evidence that this did happen) along with the racial nature of the election (Blacks and Latinos, out in force for Obama, voted heavily for the proposition) spelled a squeeker at best for us. Sadly we didn't even get 50% plus 1, enough to have defeated the proposition.

So what now? There are protests. People are upset and rightfully so, but I hope they are careful in how they proceed. One of the more effective ads was that of the idiot mayor of San Francisco spouting how "whether you like it or not" gay marriage was here to stay. I've heard on the radio and read in news papers of some protests getting ugly, people saying things and doing things that are at worst damaging and at best stupid in trying to get out their anger. But lets understand, this is no long a voting matter... the prop passed, the Constitution as of now will change. The fight, which should continue, now goes to the courts. It falls to the small group of lawyers petitioning the state's supreme court to hear their arguments against the merits of such an amendment. At this time I am not quite sure the courts will decide in their favor but we can continue to hope and pray that is so.

What if this is the case... what if the courts don't come down on our side? Our only real alternative is to put up our own initiative to change the constitution again. Now that will be interesting but given California's silly initiative process it is possible... and we could be in a war of constitutional amendments.

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